Christmas: Just another working day

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

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

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

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

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

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

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

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


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

The value of a vote

Newly-elected members of the Missouri legislature have been going to “legislator school” for a few days, trying to absorb what all those departments, divisions, and institutions look like and are all about;  how to make a speech; how to cast a vote; what cubbyhole office they’ll get (especially on the House side); where the bathrooms are, and so forth.  

 This is only a brief brush with the real world they wanted to join.  The pressure-cooker that is a legislative session will become all too real early next month. We imagine that most of these newbies think they are starting a career.  They are, indeed, doing that.  But they also are starting to create their legacy.  And what will that legacy be after the next two to sixteen years? 

We have come across an old poem that makes that point.

Back on September 13, 1856, the Hannibal Tri-Weekly Messenger printed an unsigned poem in the weeks leading to that year’s general election.  Those who are in legislator school might want to read it in the context of their life to-be:

They knew that I was poor,

And they thought that I was base.

They thought I would endure

To be covered with disgrace—

They thought me of their tribe

Who in filthy lucre dote.

So they offered me a bribe

For my vote, boys, for my vote.

O, shame upon my betters

Who would my conscience buy!

But I’ll not wear their fetters

Not I, indeed, not I!

My vote!  It is not mine

To do with what I will;

To cast like pearl to swine

To these wallows in ill.

It is my country’s due,

And I’ll give it while I can,

To the honest and the true,

Like a man!  Like a man!

O, shame upon my betters

Who would my conscience buy,

But I’ll not wear their fetters,

Not I, indeed, not I!

No, no, I’ll hold my vote

As a treasure and a trust.

My dishonor none shall quote

When I’m mingled with dust;

And my children when I’m gone

Shall be strengthened by the thought

That their father was not one

To be bought! To be bought!

O, Shame upon my betters

Who would my conscience buy.

But I will not wear their fetters. Not I, indeed, not I!

The language is old but the sentiment remains current. Thenewbies will wrap up legislator school later this week.  The real world will await them less thanthree weeks later.   It’s always interesting to watch what happens to them.    

Grasping to retain power, regardless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

The loyal opposition

The makeup of our congressional and legislative representation was defined yesterday.  Come January, a new political chemistry will be brewed in Washington and in Jefferson City because of the decisions made in thousands of ballot boxes.

Your respectful observer wants to talk about a loser today and what that loser said many years ago about the role of the losing side.

Lynne Olson’s book, Those Angry Days: Roosevelt, Lindbergh, and America’s Fight Over World War II, 1939-1941 triggered this interest that was increased by a Kansas City Star editorial found while researching the 1940 election in Missouri.

The loser was Wendell Willkie, a name that rings only faint bells is the minds of most political observers today other than those who know he lost the presidency to Franklin D. Roosevelt, who won his third term.

A week after the election, Willke went on the radio for a nationwide address. In his speech he borrowed from a phrase created in Britain in 1826—the loyal opposition—and defined it for Americans.

That speech is worth considering in these times because of what opposition has become.

Willkie’s grandson, Wendell Willkie II, wrote of his grandfather in The Atlantic earlier this year that some people have compared his grandfather’s Republican nomination for president to Donald Trump’s nomination in 2016. Both had been Democrats. Both were/are prominent business executives. Neither had held public office. “Each substantially challenged and redefined then-prevailing Republican Party doctrine,” he wrote.  But after that, the two men have profoundly different worldviews:

Willkie is remembered for his optimistic, inspiring vision of America. A thoughtful student of history and economics, he powerfully articulated classically liberal ideals of political and economic freedom.  For all of our nation’s faults, he passionately believed in American exceptionalism. He took on unpopular causes, and battled discrimination and intolerance. But he also believed the world would be a far more dangerous place without American leadership.

Willke was a Republican who fought the New Deal while favoring America’s active support of Britain against Germany—at a time when American isolationism, with Charles Lindbergh as its most prominent advocate and presidential contenders Thomas Dewey and Robert Taft speaking for it, was powerful.

His position in the Republican Party rose when Germany invaded France and other countries and isolationism began to lose public favor. He was nominated on the sixth ballot of the GOP convention.

Republicans were split on intervention in Europe with the America First movement strongly involved with the party.  As Willkie’s grandson put it, “Today, many politicians insist they put country over party, but do little to prove their ultimate loyalties. Willkie was different.”

Britain was in desperate condition and Roosevelt faced stern public opposition to sending military aid to the island and laws forbidding sending military vessels built for Britain’s defense. But this country had some old destroyers not built for that reason that could be transferred.

The plan gained public support but Roosevelt knew it could become a problem for him in the campaign. So he asked Willkie to do something extraordinary.

Olson recounts that Roosevelt sent emissaries to ask Willkie to forego making the destroyer deal a part of his campaign. Willke said he could not make a public statement of support that would deepen splits within his own party but he promised he would not attack the deal after Roosevelt announced it.  “It was astonishing thing to ask of an opponent—to turn his back on a controversial issue that almost certainly would help him politically,” says Olson.

But that’s not all.  The nation was divided despite the obviously growing threat of war on whether the draft should be re-instituted. If Willkie opposed it, isolationist Democrats would join Republicans to block it.   But in August, 1940, Willke announced support for “some form of selective service.”   He later said he would continue to support the draft even if it cost him the election.

Roosevelt won with 27.3 million votes. Willkie had 22.3 million. The Electoral College numbers made the race look like a runaway.  Sam Pryor, Willkie’s Eastern campaign manager, told him afterward, “You could have been president if you had worked with the party organization.”

The Kansas City Star said a day after his Armistice Day radio address a week after the election that it  contained “no bitterness…no narrow partisanship…The main principle that Mr. Willkie desired to impress upon his audience was the high function of a loyal opposition in the American system…It showed…the quality of constructive criticism that the President, as a patriotic American, would do well to take into account in meeting the difficult problems that confront the nation.”

The Star characterized the speech as “an appeal to reason, not to emotion.” We offer his speech to you in these much different times with little hope that recalling it will change the daily rhetorical tragedies that now befall our system, but with some hope that it might mean something useful to somebody, a sad observation of how far our leaders have sunk.

Cooperation but Loyal Opposition

DISCORD AND DISUNITY WILL ARISE IF OPPOSITION IS SUPPRESSED

By WENDELL L. WILLKIE, Presidential nominee of the Republican Party in 1940

Delivered over the radio, November 11, 1940

Vital Speeches of the Day, Vol VII, pp. 103-106

PEOPLE of America: Twenty-two years ago today a great conflict raging on the battlefields of Europe came to an end. The guns were silent. A new era of peace began and for that era the people of our Western World—our democratic world—held the highest hopes.

Those hopes have not been fulfilled. The democratic way of life did not become stronger—it became weaker. The spirit of constitutional government flickered like a dying lamp. And within the last year or so the light from that lamp has disappeared entirely upon the Continent of Europe.

We in America watched darkness fall upon Europe. And as we watched there approached an important time for us—the national election of 1940.

In that election, and in our attitudes after that election, the rest of the world would see an example of democracy in action, an example of a great people faithful to their Constitution and to their elected representatives.

The campaign preceding this election stirred us deeply. Millions upon millions of us who had never been active in politics took part in it. The people flocked to the polling places in greater numbers than ever before in history.

Nearly fifty million people exercised on November 5 the right of the franchise—the precious right which we inherited from our forefathers, and which we must cherish and pass on to future generations.

Thus it came about that although constitutional government had been blotted out elsewhere, here in America men and women kept it triumphantly alive.

No matter which side you were on, on that day, remember that this great, free expression of our faith in the free system of government must have given hope to millions upon millions of others—on the heroic island of Britain—in the ruined cities of France and Belgium—yes, perhaps even to people in Germany and Italy. It has given hope wherever man hopes to be free.

In the campaign preceding this election serious issues were at stake. People became bitter. Many things were said which, in calmer moments, might have been left unsaid or might have been worded more thoughtfully.

But we Americans know that the bitterness is a distortion, not a true reflection, of what is in our hearts. I can truthfully say that there is no bitterness in mine. I hope there is none in yours.

We have elected Franklin Roosevelt President. He is your President. He is my President. We all of us owe him the respect due to his high office. We give him that respect. We will support him with our best efforts for our country. And we pray that God may guide his hand during the next four years in the supreme task of administering the affairs of the people.

It is a fundamental principle of the democratic system that the majority rules. The function of the minority, however, is equally fundamental. It is about the function of that minority—22,000,000 people, nearly half of our electorate— that I wish to talk to you tonight.

A vital element in the balanced operation of democracy is a strong, alert and watchful opposition. That is our task for the next four years. We must constitute ourselves a vigorous, loyal and public-spirited opposition party.

It has been suggested that in order to present a united front to a threatening world the minority should now surrender its convictions and join the majority. This would mean that in the United States of America there would be only one dominant party—only one economic philosophy—only one political philosophy of life. This is a totalitarian idea—it is a slave idea—it must be rejected utterly.

The British people are unified with a unity almost unexampled in history for its endurance and its valor. Yet that unity coexists with an unimpaired freedom of criticism and of suggestion.

In the continual debates of the House of Commons and the House of Lords all of the government’s policies, its taxation, its expenditures, its military and naval policies, its basic economic policies are brought under steady, friendly, loyal critical review. Britain survives free. Let us Americans choose no lesser freedom.

In Britain some opposition party leaders are members of the government and some say that a similar device should be adopted here. That is a false conception of our government. When a leader of the British Liberal party or a member of the British Labor party becomes a member of the Churchill Cabinet he becomes—from the British parliamentary point of view—an equal of Mr. Churchill’s.

This is because the British Cabinet is a committee of the House of Parliament. It is a committee of equals, wherein the Prime Minister is chairman, a lofty chairman indeed and yet but a chairman. The other members are his colleagues.

With us the situation, as you well know, is different. Our executive branch is not a committee of our legislative branch. Our President is independent of our Congress. The members of his Cabinet are not his colleagues. They are his administrative subordinates. They are subject to his orders.

An American President could fill his whole Cabinet with leaders of the opposition party and still our administration would not be a two-party administration. It would be an administration of a majority President giving orders to minority representatives of his own choosing. These representatives must concur in the President’s convictions. If they do not they have no alternative except to resign.

Clearly no such device as this can give us in this country any self-respecting agreement between majority and minority for concerted effort toward the national welfare. Such a plan for us would be but the shadow—not the substance—of unity.

Our American unity cannot be made with words or with gestures. It must be forged between the ideas of the opposition and the practices and policies of the Administration. Ours is a government of principles, and not one merely of men. Any member of the minority party, though willing to die for his country, still retains the right to criticize the policies of the government. This right is imbedded in our constitutional system.

We, who stand ready to serve our country behind our Commander-in-Chief, nevertheless retain the right, and I will say the duty, to debate the course of our government. Ours is a two-party system. Should we ever permit one party to dominate our lives entirely, democracy would collapse and we would have dictatorship.

Therefore, to you who have so sincerely given yourselves to this cause, which you chose me to lead, I say: “Your function during the next four years is that of the loyal opposition.” You believe deeply in the principles that we stood for in the recent election. And principles are not like foot-ball suits to be put on in order to play a game and then taken off when the game is over.

It is your Constitutional duty to debate the policies of this or any other administration and to express yourselves freely and openly to those who represent you in your State and national government.

Let me raise a single warning. Ours is a very powerful opposition. On November 5 we were a minority by only a few million votes. Let us not, therefore, fall into the partisan error of opposing things just for the sake of opposition. Ours must not be an opposition against—it must be an opposition for—an opposition for a strong America, a productive America. For only the productive can be strong and only the strong can be free.

Now let me however remind you of some of the principles for which we fought and which we hold as sincerely today as we did yesterday.

We do not believe in unlimited spending of borrowed money by the Federal government—the piling up of bureaucracy—the control of our electorate by political machines, however successful—the usurpation of powers reserved to Congress—the subjugation of the courts—the concentration of enormous authority in the hands of the Executive—the discouragement of enterprise—and the continuance of economic dependence for millions of our citizens upon government. Nor do we believe in verbal provocation to war.

On the other hand we stand for a free America—an America of opportunity created by the enterprise and imagination of its citizens. We believe that this is the only kind of an America in which democracy can in the long run exist. This is the only kind of an America that offers hope for our youth and expanding life for all our people.

Under our philosophy, the primary purpose of government is to serve its people and to keep them from hurting one another. For this reason our Federal Government has regulatory laws and commissions.

For this reason we must fight for the rights of labor, for assistance to the farmer, and for protection for the unemployed, the aged and the physically handicapped.

But while our government must thus regulate and protect us, it must not dominate our lives. We, the people, are the masters. We, the people, must build this country. And we, the people, must hold our elected representatives responsible to us for the care they take of our national credit, our democratic institutions and the fundamental laws of our land.

It is in the light of these principles, and not of petty partisan politics, that our opposition must be conducted. Itis in the light of these principles that we must join in debate, without selfishness and without fear.

Let me take as an example the danger that threatens us through our national debt.

Two days after the election, this Administration recommended that the national debt limit be increased from $49,000,000,000 to $65,000,000,000.

Immediately after that announcement, prices on the New York Stock Exchange and other exchanges jumped sharply upward. This was not a sign of health, but a sign of fever. Those who are familiar with these things agree unanimously that the announcement of the Treasury indicated a danger —sooner or later—of inflation.

Now you all know what inflation means. You have lately watched its poisonous course in Europe. It means a rapid decline in the purchasing power of money—a decline in what the dollar will buy. Stated the other way round, inflation means a rise in the price of everything—food, rent, clothing, amusements, automobiles—necessities and luxuries. Invariably these prices rise faster than wages, with the result that the workers suffer and the standard of living declines.

Nor no man is wise enough to say exactly how big the national debt can become, before causing serious inflation. But some sort of limit certainly exists, beyond which lies financial chaos. Such chaos would inevitably mean the loss of our social gains, the destruction of our savings, the ruin of every little property owner, and the creation of vast unemployment and hardships. It would mean, finally, the rise of dictatorship. Those have been the results of financial collapse in every country in the history of the world. The only way that we can avoid them is to remain sound and solvent.

It is not incumbent upon any American to remain silent concerning such a danger. I shall not be silent and I hope you will not be. This is one of your functions as a member of the minority. But in fulfilling our duties as an opposition party we must be careful to be constructive. We must help to show the way.

Thus, in order to counteract the threat of inflation and to correct some of our economic errors, I see five steps for our government to take immediately.

First, all Federal expenditures except those for national defense and necessary relief ought to be cut to the bone and below the bone. Work relief, obviously, has to be maintained, but every effort should be made to substitute for relief productive jobs.

Second, the building of new plants and new machinery for the defense program should be accomplished as far as possible by private capital. There should be no nationalization under the guise of defense of any American industry with a consequent outlay of Federal funds.

Third, taxes should be levied so as to approach as nearly as possible the pay-as-you-go plan. Obviously, we cannot hope to pay for all the defense program as we go. But we must do our best. That is part of the sacrifice that we must make to defend this democracy.

Fourth—Taxes and government restrictions should be adjusted to take the brakes off private enterprise so as to give it freedom under wise regulation, to release new investments and new energies and thus to increase the national income. I do not believe we can hope to bear the debt and taxes arising out of this defense program with a national income of less than one hundred billion-dollars—our present national income is only $70,000,000,000—unless we lower the standard of living of every man and woman who works. But if we can increase our national income to $100,000,000,000 we can pay for this defense program out of the increase produced if we free private enterprise—not for profiteering but for natural development.

Fifth, and finally, our government must change its punitive attitude toward both little and big businessmen. Regulations there must be—we of the opposition have consistently recommended that. But the day of witch hunting must be over.

If this administration has the unity of America really at heart it must consider without prejudice and with an open mind such recommendations of the opposition.

National unity can only be achieved by recognizing and giving serious weight to the viewpoint of the opposition. Such a policy can come only from the administration itself. It will be from the suppression of the opposition that discord and disunity will arise. The administration has the ultimate power to force us apart or to bind us together.

And now a word about the most important immediate task that confronts this nation. On this, all Americans are of one purpose. There is no disagreement among us about the defense of America. We stand united behind the defense program. But here particularly, as a minority party, our role is an important one. It is to be constantly watchful to see that America is effectively safeguarded and that the vast expenditure of funds which we have voted for that purpose is not wasted.

And in so far as I have the privilege to speak to you, I express once more the hope that we help to maintain the rim of freedom in Britain and elsewhere by supplying those defenders with materials and equipment. This should be done to the limit of our ability but with due regard to our own defense.

On this point, I think I can say without boast, that never in the history of American Presidential campaigns has a candidate gone further than I did in attempting to create a united front.

However, I believe that our aid should be given by constitutional methods and with the approval, accord and ratification of Congress. Only thus can the people determine from time to time the course they wish to take and the hazards they wish to run.

Mr. Roosevelt and I both promised the people in the course of the campaign that if we were elected we would keep this country out of war unless attacked. Mr. Roosevelt was re-elected and this solemn pledge for him I know will be fulfilled, and I know the American people desire him to keep it sacred.

Since November 5 I have received thousands and thousands of letters—tens of thousands of them. I have personally read a great portion of these communications. I am profoundly touched. They come from all parts of our country and from all kinds of people. They come from Catholics and Protestants, Jews and Christians, colored people and white people. They come from workers and farmers and clerks and businessmen—men and women of all the occupations that make up our American life.

All of these letters and telegrams, almost without exception, urge that the cause that we have been fighting for be carried on.

In your enthusiasm for our cause you founded thousands of organizations. They are your own organizations, financed by you and directed by you. It is appropriate for you to continue them if you feel so inclined. I hope you do continue them. It is not, however, appropriate to continue these organizations in my name. I do not want this great cause to be weakened by even a semblance of any personal advantage to any individual. I feel too deeply about it for that; 1944 will take care of itself. It is of the very essence of my belief that democracy is fruitful of leadership.

I want to see all of us dedicate ourselves to the principles for which we fought. My fight for those principles has just begun. I shall advocate them in the future as ardently and as confidently as I have in the past. As Woodrow Wilson once said: “I would rather lose in a cause that I know someday will triumph than to triumph in a cause that I know some day will fail.”

Whatever I may undertake in the coming years, I shall be working shoulder to shoulder with you for the defense of our free way of life, for the better understanding of our economic system and for the development of that new America whose vision lies within every one of us.

Meanwhile, let us be proud, let us be happy in the fight that we have made. We have brought our cause to the attention of the world. Millions have welcomed it. As time goes on millions more will find in it the hope that they are looking for. We can go on from here with the words of Abraham Lincoln in our hearts:

“With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us finish the work we are in, to bind up the nation’s wounds. . . . to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.”

Good night. And God bless and keep every one of you.

(Photo credit: TheAtlantic.com)

                       

Notes from a quiet street—elections issue

A week from today is elections day.  We look forward to elections days for the wrong reasons.  Instead of being excited about taking part in the voting process we are excited because it’s the end of that interminable period when our intelligence is assaulted 30 seconds at a time—all the time, it seems, on the television.

—and when our mailboxes are stuffed with mailers of questionable veracity usually provided by people without the courtesy or the courage to admit they paid for the appropriately-named junk mail.

Interestingly, at the end of the day, a lot of people will transfer from being the kind of people they campaigned against to being those people. And what will they do to correct the impressions their voters have about government?

-0-

We have been interested in some of the reasons various groups don’t want us to vote for a new system of drawing legislative districts after the 2020 census.  One side says it would be a mistake to let the state demographer (a person who spends his or her life analyzing population and population trends) draw new districts because they’ll just use statistics and will come up with districts that are more gerrymandered that some districts from the last go-around.  Others worry that letting the demographer draw the districts will weaken the political power of this or that group.   We must have been mistaken all these years because we thought reapportionment dealt with representation rather than power. Silly us.

Could it be that the state demographer won’t care if two legislative incumbents wind up in the same district instead of benefitting from a process that is suspected of protecting incumbents or at least their party majorities?  As far as the demographer coming up with screwball districts, surely that person couldn’t do worse than the creation of the present Fifth Congressional District that I dubbed the “dead lizard” district after the last congressional redistricting (it looks like a dead lizard lying on its back with its feet in the air) that has a former Mayor of Kansas City representing a rural area as far east as Marshall.

What the heck.  We can always change the constitution back to the present system if the legislative districts after the 2020 census are as bad as some interest groups forecast they will be, can’t we?

-0-

Elections almost always have issues created by petition campaigns.  It’s an important freedom we have as citizens to propose laws or to ask for a statewide vote on something the legislature did that raises questions in the minds of enough people that they want citizens to have the final say.  But that freedom can carry with it unintended consequences because petitions don’t go through the refining process of legislative committee hearings, debates, votes, and compromises where possible.   Of course the legislature sometimes fumbles an issue and in both cases ballot issues can be issues financially backed by a special interest if not an individual.

Voters have an often-overlooked responsibility to get out the spy glass and read all the fine print in the election legal notices.  We haven’t talked to very many folks who have done that. So we get what we get and the courts often have to figure out what we got regardless of what we thought we were getting.

-0-

The best part of election day is that all of the junk mail campaign propaganda that goes straight to our waste baskets will be replaced by Christmas catalogues.  We prefer Christmas catalogs for several reasons.  They don’t forecast national or international catastrophes if we buy something offered by another catalog.  They usually are honest about their products (the pictures usually are more accurate than the pictures of the hamburgers at fast foot joints). We have never gotten an L. L. Bean catalogue that suggests the products in a Land’s End catalogue are dangerous to our well-being because of who wears them or because of who the wearers hang out with.

And they don’t proclaim exclusive knowledge of what our “values” are.  The Vermont Country Store is filled with traditional values—soap on a rope, Adams Clove chewing gum, old-fashioned popcorn makers or hand-cranked ice-cream makers, or dresses whose styles are timeless.  Coldwater Creek is for people whose values tend toward the stylish with a little “bling” thrown in.   We have yet to see the Vermont Country Store catalogue that says the Coldwater Creek catalogue is too liberal to be good for us.

In short, the catalogues have a lot more things that we will buy than most of the campaign junk mail that winds up in landfills instead of recycle bins.

-0-

Jefferson City is building a new fire station, replacing an older one in the east end of town (the building will be for sale, by the way, in case you want a unique home, assuming you can get a zoning change).  News of the planned sale of the old fire house brings to mind our old friend Derry Brownfield, who used to occasionally remind us why fire engines are red:

“Because they have eight wheels and four people on them, and four plus eight is 12, and there are 12 inches in a foot, and one foot is a ruler, and Queen Elizabeth was a ruler, and Queen Elizabeth was also a ship, and the ship sailed the seas, and in the seas are fish, and fish have fins, and the Finns fought the Russians, and the Russians are red, and fire trucks are always ‘russian’ around.”

Uh-huh.

-0-

Go vote next Tuesday.  Do yourself and your state a favor and spend the next seven days with your reading glass studying all that fine print.

-0-

Let’s just end it

Bought something on the internet the other day.  Clicked on an icon that said, “calculate sales tax.”   It was optional, but I clicked on it and was told my purchase would entail $1.79 in sales tax.

Did I regret clicking on that icon?   Not at all.  Just a half-hour earlier I had shopped for a similar item at a brick-and-mortar store and hadn’t seen anything I liked.  If I had bought that item at that store, I would have paid about that much in sales tax anyway.  So by clicking on the internet icon, I—to use a cliché—levelled the playing field.  And I remained a law-abiding citizen.

Please don’t congratulate me for my fairness.  I’m sure I could have found something better to do with that $1.79 than give it to the government which—to use another cliché recently spoken—doesn’t know how to spend my money as well as I do.  I just felt that since the U. S. Supreme Court has said states can collect sales taxes from out-of-state internet vendors I should respect the majority opinion of our highest court.

It has not been a surprise that a member of the legislature quickly has come to my rescue. And his reasoning is no surprise, either.  This legislator considers imposition of the Missouri sales tax on internet purchases made by Missourians to be a sales tax increase and thinks the state needs to provide some relief for such an onerous imposition.

Pardon us, however, if we have trouble understanding how the state collection of sales taxes on internet purchases is a tax increase. But if we accept that line of thinking, why accept the  convoluted solution that goes with it?   We have a far better one and one that without doubt would be much more politically popular.

The idea put forth in the proposed legislation is to cut individual income tax rates even more to offset the internet sales taxes that income taxpayers might soon have to start paying. The idea seems premature because it’s going to take some time to make it legally and mechanically possible to collect those sales taxes. Then it will take some time to get a consistent measurement of how much those collections will be and how Hancock limits affect them.  A little less enthusiasm for immediate remedies to the “problem” of collecting internet sales tax might be advisable because there are other issues to be considered.

Think of all of the Missourians who shop locally and pay the state sales tax.  They are good citizens. They follow the law.  The law says those Missourians will pay sales taxes.  They obey the law.

Where is their outrage or political outrage on their behalf—the good citizens—when other citizens avoid following the law by using the internet to avoid paying the sales tax on the things they buy?   Tax avoidance often lands some people in the pokey—unless its sales tax avoidance by using the internet.  It seems this early legislative proposal legitimizes their tax avoidance.

I’d be willing to bet that many Missourians intentionally avoid paying state sales taxes at felony levels each year.  They keep their $1.79 and are never prosecuted for avoiding the sales tax law.

Let it be clearly stated:  Requiring citizens to pay a tax they have avoided paying is NOT a tax increase.  It is a matter of fairness.  It is requiring the sales tax scofflaws to live by the same standards with which their shop-local fellow citizens live.

Here is an idea that is eminently fairer:  Eliminate the sales tax for everybody.

Clearly, there is within the philosophy that the state should not recognize additional funds by collecting taxes from people who should have been paying them anyway, an implied acknowledgement that adequate funding for state programs and services and bureaucrat salaries is not a matter of concern.

So let’s just level the playing field by eliminating the sales tax on everything.  That puts our local businesses on an equal footing with internet sellers—in fact, it might give them an advantage because they don’t charge shipping fees for local purchasers.

To carry out contemporary political thinking: Eliminating the sales tax will trigger a boom in local retail sales, thus providing more jobs that generate more income taxes that will offset the loss of sales tax revenue.

Let’s not make this thing more complicated than it is.  There’s no reason to start calculating income tax cuts.  Just get rid of all sales taxes, period.   That makes everybody equal.

After all, I could have done a lot of good things with that $1.79 if I hadn’t been honest enough to pay a sales tax.

A tax gift, if we want it

The U. S. Supreme Court has shown it can change its mind and a new ruling that lets states collect sales taxes from out-of-state internet retailers gives Missouri government a new opportunity as well as some new issues to confront.

All reasons for NOT collecting taxes on out-of-state internet sales seem to have been eliminated by the court’s narrow decision to throw out a 1992 ruling saying out-of-state internet merchants would not have to collect state sales taxes and pay them to the purchaser’s state unless the company had a substantial presence in a state.

That ruling in the early days of internet commerce put brick and mortar businesses in Missouri and other states at a disadvantage and they’ve been aggravated for years that the legislature hasn’t corrected the problem.  The legislature has said its hands have been tied by the 1992 ruling.

The ropes are off now.  We’ll be interested to see if state leaders next year call for passage of a law requiring collection of that sales tax.  There is no doubt the state could use the money.

The legislation will not be easy to write although the court ruling does provide some hints about what will work.

It would not be surprising to hear some voices claim—as they have in the past—that imposing sales taxes on internet merchants would be a tax increase on purchasers and therefore not something the state should lay upon the shoulders of taxpayers who have avoided sales taxes on certain purchases up to now.  We’ll have to see if that lame argument still has any legs in a state that continues to rank in various studies in the lower third of all states for overall tax burden.

The court ruling makes it harder to justify saying, “We’re pro business” while maintaining a sales tax policy that puts our home-town merchants at a sales disadvantage to businesses that exist on our computer screens.

And where do we get the idea that the computers on our desks or in our pockets are not some kind of a “physical presence” in our state? Let’s be honest and admit that the internet long ago became more a physical presence in our lives than Wal-Mart. We don’t have to drive across town to buy something on the internet, after all.

Checking out through Paypal is no different from checking out at the local counter.  The buyer doesn’t  physically stick a credit card into a slot at a cash register with Paypal.  But internet merchants do have a cash register right in front of us—the computer that is a very real physical presence. My brick and mortar house becomes an internet merchant’s physical presence in my town and my state every time I check out with Paypal or some similar system.  (Ohio tried to address the issue with a law saying the use of cookies on consumer’s computers by internet retailers constitutes a “presence.” The retailers are fighting the idea in court.)

The danger, as some might see it, to requiring sales taxes to be collected on internet purchases is that state revenue might increase to the point that some lawmakers will decide to once again ease the overall tax burden on Missourians again.

That idea is getting pretty old. And shaky.

Political commentator Josh Barro, a former staffer at the Tax Foundation (considered a conservative think tank) who contributes to Business Insider, observes in a new article that the court decision reminds states of the Constitution’s Commerce Clause that says states cannot unduly burden or discriminate against businesses from other states.

South Dakota, which brought the lawsuit, avoids that pitfall by providing those retailers with computer software that makes it easier for them to pay sales taxes.  It does not require those retailers to deal with the state and every political subdivision within it that charges sales taxes.  The money goes to a central state agency.  Our Department of Revenue, which collects sales taxes collected by our local businesses and then sends proper amounts to local governments, would fill that role with internet sales taxes.

Missouri has not joined the twenty-or-so states that have signed on to the Streamlined Sales and Use Tax Agreement.  Those states have agreed to some common rules dealing with their sales taxes.  This ruling might encourage a new legislature (The 2019 General Assembly will have new leadership and several dozen new members) to take a new look at the SSUTA as it considers what to do to capitalize on the ruling.

One of Barro’s former colleagues at the Tax Foundation, Joe Henchman, says, “If you want to be absolutely sure that your statute is valid under these rules, you should try to emulate South Dakota as much as possible.”  So that’s a starting point.

Barro makes an important observation that some Missouri leaders seem to have been going against for some time: “It is important for a tax system to be adequate—that is, revenues should grow on pace with the economy, so the government can keep pace with the demand for services as the economy grows.”

He notes tax-free purchases from internet retailers distorts the behavior of purchasers by encouraging them to buy online when they otherwise would buy at a local store, thus reducing local tax collections and that means “the government either has to cut back on services or it has to raise taxes on something else.”   The resulting erosion of sales tax income at the state level has put a heavier burden on property taxes and “taxpayers have revolted against increases in this inflexible tax, voting to impose caps that have in some states kept revenue growth well below economic growth.”

Add to that the penchant government has to lower various taxes under the philosophy that lower taxes will mean more jobs that will stimulate the economy and you can get a state that reduces services that industries and employers would like to see before they commit to creating jobs.

So Missouri has an opportunity because of the court ruling.

Justice Anthony Kennedy, writing for the majority in the Supreme Court decision, estimates the ruling could mean eight to thirty-three Billion dollars in annual tax revenues for the states.  The federal Government Accountability Office thinks Missouri’s share would be $180-275-million a year in state and local sales taxes.

Missouri could do a lot with that amount of money at the state and local levels.  Except—

We have the crippling Hancock Amendments.

Those parts of our state constitution put a ceiling on how much new taxes can be collected without a statewide vote.  State Auditor Nicole Galloway, a little more than a year ago, estimated that taxes at the statewide level could not increase by more than $94-million without such a vote. We’re not sure how much of the figure from the GAO would go to the state and how much would go into local government revenue accounts, but Hancock appears to put a cloud over the issue at the state level.

Before the passage of what was called Hancock II, the state had to make refunds to income tax payers if state revenue growth exceeded the original Hancock limits. The state did make those refunds for a couple of years before adopting the first of a series of tax cuts to make sure the state did not to go to the inconvenience of mailing out checks.  The state hasn’t come close to hitting the refund threshold since Hancock II. In fact, Auditor Galloway says Missouri is four BILLION dollars under that limit now.

Will voters support the new authority given Missouri by the U. S. Supreme Court to collect more than $94-million in internet sales taxes?  Will collecting six or seven or eight cents per dollar from an out-of-state internet seller increase state revenue so much that a statewide vote will be required, giving Missourians a chance to reject the proposal?  The GAO and the state auditor have put forth figures indicating that vote might be needed.

We have had about two decades of leadership telling voters their taxes are too high. We’ve seen voters who travel to the polls on increasingly bad roads that go across increasingly crumbling bridges refuse to support gas tax increases to make their journey smoother and safer. And the legislature has taken steps year after year to reduce the state’s financial ability to “keep pace with the demand for services as the economy grows.”

The court has presented Missouri with a gift.  Will Missourians decide to leave it unopened?

(You can read Josh Barro’s article at https://amp.businessinsider.com/supreme-court-wayfair-internet-sales-tax-decision-good-for-consumers-2018-6)

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

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

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

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

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

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

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

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

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

-0-0-0-

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

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

The Missouri Constitution carries over language written in 1875.

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

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

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

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

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

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

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

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

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

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

The Replacement

Governor Parson wants the legislature to pass a law allowing lieutenant governors who ascend to the governorship to appoint a new lite gov.  Sounds simple.  But maybe it isn’t. Then again, maybe it is.

“It needs to be done. I don’t like the state of Missouri being without a lieutenant governor,” he said after being sworn in. The feeling at the capitol is that he’ll call a special legislative session to clear up any doubt that he could make an appointment.  He thinks a lieutenant governor is important in the transition from the Greitens administration to his administration.  He does have a transition committee working with him.

He has not indicated if he’ll summon lawmakers into special session soon or wait until the regular September veto session and have a special session that runs concurrently with it—a more economical move.

Governor Parson did not mention the issue in his speech to the joint legislative session yesterday, which for all intents and purposes had more the flavor of an inaugural address than his remarks after his swearing in ten days ago.

The Missouri Constitution allows the governor to “fill all vacancies in public offices unless otherwise provided by law.”  State law, however, does not allow the appointment of a new lieutenant governor, state senator or representative, sheriff or recorder of deeds in the city of St. Louis. The Constitution also has a provision that, “If any state officer other than the lieutenant governor is acting as governor, his regular elective office shall not be deemed vacant and all duties of that office shall be performed by his chief administrative assistant.”  The provision is a delegation of authority of an elective official to a bureaucrat while the elected official is running the state. It’s not a particularly bad idea. The chief administrative assistant is likely to know the duties and operations of the office and by virtue of the position should be able to go to meetings, attend conferences, and make administrative decisions.

But it’s not a good idea for the lieutenant governor because it would lead to an unelected bureaucrat becoming governor if a vacancy occurs in that office a second time within a four-year term. In all honesty, and with absolutely no offense intended to present company, there probably are bureaucrats who could do the governor’s job and do it well.  But the highest elective office in the state should stay in the hands of somebody of a higher level than a bureaucrat.  Or at least, that’s what some people are likely to think, maybe most people.

And for bureaucrats who read this note, don’t get your feathers ruffled. The author appreciates bureaucrats.  He’d better.  He married one.

Governor Nixon vetoed a proposal a few years ago that would have applied the same standard of bureaucrat-in-charge to the office of lieutenant governor, saying that wouldn’t be appropriate.

Well, then, what should the new law say?  That’s for the professionals to decide.  But there is room for amateur comment.

The limits on filling legislative or certain local offices make sense because those are decisions left to community or district voters to make to begin with.  The lieutenant governorship is or should be in these circumstances a statewide decision.

It would appear, then, the question is whether to give the governor the appointment power or to give the governor the authority to call a special statewide election.

This is where things can get complicated.

Should the process of filling of the vacancy be different if it occurs because a lieutenant governor moves into the governorship versus a vacancy that occurs because a lieutenant governor dies or otherwise vacates the office?

Example: Governor Bates died in 1825. There was no lieutenant governor because Benjamin Reeves had resigned to survey the Santa Fe Trail. The Senate President Pro Tem became acting governor but the lieutenant governor’s office remained vacant.

In what way should consideration of filling the lieutenant governor vacancy alter the present line of succession for the governor’s office?  Now it’s governor, lieutenant governor, Senate Pro Tem, House Speaker. An appointed lieutenant governor would render the current succession provisions irrelevant, wouldn’t it?

What if the governor whose departure created the vacancy was of a different party from the lieutenant governor who rises to the governorship?  If the voters created the difference, should not their wishes be honored in the appointment process?  For instance:  Had Eric Greitens been the Democrat he once was and Mike Parson be the Republican he always has been, should a Governor Parson with appointment authority be required to appoint a Democrat lieutenant governor to maintain the different party governor-lieutenant governor relationship established by the voters?

The key question is whether the system should allow a governor to, in effect, appoint his or her successor or potential successor?

The issue becomes even more acute if the vacancy occurs in a campaign year.  Should a governor give a candidate for the lieutenant governorship a leg up in a primary or general election by appointing that person to that position?  The question holds whether the vacancy occurs before or after the filing window for candidates.

Suppose 2018 was an election year for lieutenant governor and the Greitens resignation had taken place before or during the filing period.  Would it be proper for Governor Parson to look at the list of potential primary candidates from his party and pick someone to fill the vacancy, thus presumably giving that person greater visibility, name identification, and possible fund-raising advantages over others who are interested in the job?

A proposal that briefly floated around in the recent regular legislative session called for senate confirmation of a nominated lieutenant governor.  We’re not sure that makes a lot of sense, especially if the vacancy occurs—as it has now—in May and the legislature is not mandated to be back until September.  Calling a special session just to confirm a new lieutenant governor will quickly draw criticism from those who suggest money is being wasted. And if a governor during a campaign year picks a state representative to fill the vacancy that a state senator wants to file for as a candidate, is confirmation by the senate less likely?  A deadlock on the confirmation process will serve nobody at a time when the obligations of the office need someone to meet them.

Calling a special election will be even more costly and such a proposition is likely to be criticized if it does not include a primary to allow any hopefuls to have their chance, a process that is likely to leave the office vacant for an unacceptable amount of time.

Of course, it’s entirely possible the legislature will not spend a lot of time kicking these and other ideas around and will just pass a bill saying the governor can appoint a lieutenant governor whenever there is a vacancy in that office and let the system play itself out, knowing that some people will have fits no matter what direction the bill debate takes or what form the bill finally has.

Some other miscellaneous observations as long as we’re chatting about this stuff:

The Constitution eliminates any uncertainty about whether somebody who would not be qualified to be governor could be appointed lieutenant governor—a 22-year old political phenom, for instance.  The constitution says the lieutenant governor shall have the same qualifications as the governor—at least thirty years old, a citizen of the United States for at least fifteen years and a resident of the state for at least ten years before the election.

The issue of replacement of the lieutenant governor is something we have been looking at since the Roger Wilson-Joe Maxwell days and as is the case with many things in politics, identifying a problem is far easier than identifying a solution.

But it’s about time the issue was addressed and it’s good to see that it is.

And then there’s this twist: The constitution says no governor can be elected to more than two terms EXCEPT in cases such as that which has befallen Mike Parson.  Section Seventeen says, “No person who has held the office of governor or treasurer, or acted as governor or treasurer, for more than two years of a term to which some other person was elected to the office of governor or treasurer shall be elected to the office of governor or treasurer more than once.”  So Governor Parson, by taking over for more than half of the Greitens term faces a shorter term limit than governors elected without having filled out someone else’s term.

Why are those two offices singled out? Because they are the offices of greatest power.  The administrator of all of state government and the person who has his or her hands on the state’s money.  And that’s where term limits really should be focused—not on length of service but on limits to power.   Unfortunately, Missouri voters fell a long time ago for the faulty idea that service is more dangerous than power and in doing so gave away their right to continue electing representatives and senators that they trust to write the laws under which all Missourians are supposed to live.

But that’s another rant and a distraction from today’s issue.

What do we do with the increasingly busy office of lieutenant governor when there’s no lieutenant governor to conduct all that business?

It’s time to decide.

Next?

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

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

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

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

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

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

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

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

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

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

Should the committee continue to work?  Yes.

Should its subpoenas for Greitens documents be honored? Yes.

Should the special prosecutor keep investigating?  Yes.

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

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

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

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

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

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

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

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

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