Protest Ground Rules

There are few, apparently.

The Hill, a political newspaper in Washington, D.C., reported a couple of days ago that “Abortion rights activists in recent days have gathered outside the homes of three conservative Supreme Court justices to protest Roe v. Wade’s potential demise, taking their advocacy in an intensely personal and politically divisive direction.”

The homes are those of Justices Brett Kavanaugh and Samuel Alito and Chief Justice John Roberts. The article says the protests have “forced the White House to navigate a thorny question about the proper bounds of political discourse…” While outgoing press secretary Jen Psaki denounced threats of violence but stopped short of condemning the demonstrations—“We certainly allow for peaceful protest in a range of places in the country. None of it should violate the law,” she said.

But violating the law might be what they’re doing.  A friend of ours has pointed out Federal U.S. code 1507 that says any individual who “pickets or parades” with the “intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer” near a U.S. court or “near a building or residence occupied or used by such judge, juror, witness, or court officer” will be fined, or “imprisoned not more than one year, or both.”

We’ll wait to see if the Justice Department steps in.

These protests, while posing some liability for the participants, are not likely to be severe enough to launch a May 9th investigative committee.

But the circumstances do raise related issues about protests whether at courthouses, capitols, or street corners. Some are constitutional. Some are practical.

We have witnessed a lot of protests in a lot of years, including the storming of the local newspaper by Lincoln University students upset about an editorial highly-critical of Martin Luther King just days before his death, and disturbances on the campus (Lincoln in an HBCU, for those unfamiliar with the school) for a couple of years that resulted in a National Guard presence.

We have seen people standing quietly in front of the post office holding signs urging us to get out of Vietnam, Afghanistan, the United Nations, etc.

Many years ago when gay rights was in a much earlier stage we remember seeing members of a group called ACT-UP! Marching around the state seal in the Capitol rotunda chanting, “You say ‘don’t f—k,’ we say ‘f—k you!”’  That pretty well ended organized political protests in the Capitol.

We watched the Medicaid 23 interrupt Senate debate on Medicaid expansion one day with prayers and songs. They wound up being charged and dragged into court.

Prayers, cursing, burning, quietly holding signs are all part of our rights as American citizens to protest. It’s right there in the First Amendment: “Congress shall make no law… abridging the freedom of speech…or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

So protesting grievances is an inborn right of Americans. The accompanying responsibility for doing so in a way that does not violate the word “peaceably” belongs to the demonstrators and the subjective judgment of what is beyond propriety lies with the justice system that has the U.S. Code on one hand and the First Amendment on the other.  .

Attached to that system is another value judgment that lies with the protesters: Will the event do harm or good to the causes of the protestors?

Frankly, we doubt demonstrations at the Supreme Court building  influence the opinion-makers inside the building very much if at all.  We do find targeting the private spaces of the judges by demonstrating at their homes is an unwarranted invasion of their lives and certainly the lives of their families and their neighbors.

Your quiet observer doesn’t even like it when a car goes slowly through my neighborhood with the bass turned all the way up in the large speakers in the backseat and shakes the windows of his house.

In our fervid proclamations of our rights, it is easy to overlook the responsible, reasonable, and respectful exercise of them. Trying to use statements of our rights as bludgeons doesn’t seem from this lofty view to be a responsible action to take.

But what is left when leaders appear to be unmotivated by the responsible, the reasonable, and the respectful?

Whatever it is, it must be a principle of our freedoms that the mob cannot be allowed to rule. It can express itself.  But decisions must be made in cooler surroundings than on the passionate streets.  And the likely best decisions are most often made in the quiet regardless of whether they please us.

Decisions by the courts can be protested in the courts with better arguments than those shouted outside the fences that protect the decision-makers.

 

 

 

 

 

 

A Reading List

This is the last week of the legislative session.  Time is even more precious now and the risk that some worthwhile things will be talked to death is greatest.

This session already will be remembered as the year the Missouri Senate became a reading club.  A lousy one.

Not only were the choices of reading material poor, the reading of the material was fingernails-on-the-blackboard irritating.

Not only was their choice of material and their delivery of it lifeless, spiritless, colorless, arid, tedious (we could go on—we found a listing of 50 synonyms for “boring”), it set a low bar for being educational.

If unrecoverable hours of members’ lives will be taken from them, they at least should have the opportunity to turn the torturous time into a learning experience.

To solve this problem, we suggest that the Senate set aside funds to hire temporary personnel who have professional reading skills and employ them as part-time reading clerks—overnight reading hours would demand heftier salaries but it would be a small price to pay for making the Senate a more enlightened chamber.  Accompanying this recommendation is a suggested rule change that any group fomenting a filibuster must commit to staying in the chamber for the duration of the readings, thus guaranteeing that SOMEBODY will learn something.

Herewith, then, we offer a reading list for filibusters in hopes that consumption of those hours will provide participants and listeners alike some value.  We regret that we cannot guarantee that the readers can do a better job than they did this year.

Our Declaration: A Reading of the Declaration of Independence in Defense of Equality by Danielle Allen, a professor at the Institute for Advanced Study at Princeton. While most of us have read the Declaration or have heard it read, this book is a highly-informative explanation of the care that went into each paragraph and sometimes each word of our nation’s foundational document and how the elements of the Declaration fit together and constitute the legal framework that led to the writing of the United States Constitution.

America’s Unwritten Constitution: The Precedents and Principles We Live By, by Akil Reed Amar, who teaches Constitutional Law at Yale College and Yale Law School. Amar is considered “one of America’s pre-eminent legal scholars” who explains why the Constitution does not set forth all of the rights, principles, and procedures that govern our nation. He maintains that the Constitution cannot be understood in textual isolation from a changing world and the laws that change with it.

The End of White Christian America by Robert P. Jones, a former psychology professor at Missouri State University who now leads the Public Religion Research Institute, that examines what is happening because our nation is no longer an evangelical majority white Christian nation and the political and cultural effects of that change. The book explores that change, its implications for the future, and why those who fear the future should instead understand how the positive values of white Christian America will survive.

New World, Inc., by John Butman and Simon Targett. The authors explain that it was commerce, not religious freedom, that was the motivating factor for the earliest explorations and settlements of our nation.

The Wordy Shipmates, by Sarah Vowell. Ms. Vowell is greatly entertaining in explaining who the Puritans on which so much of our standard history is based really were as human beings—and they were pips and not necessarily pure..

Marooned: Jamestown, Shipwreck, and a New History of America’s Origin, by Joseph Kelly, takes us to the dangerous, desperate times overlooked in our usual histories. We do not often consider that those who came to this side of the Atlantic placed themselves in a hostile world for which most were unsuited to settle with no guarantees that new supplies to sustain them would arrive later  It also explores the papal-approved concept that if a land was not populated by Christians, it was proper—a duty, in fact—for Christians to take that land regardless of the cost to those who inhabited it.

El Norte: The Epic and Forgotten Story of Hispanic North America, by Carrie Gibson.  Long before the Pilgrims and the Puritans arrived on this side of the pond, the Spanish were here as conquerors, settlers, enslavers, missionaries, and adventurers.  But most of our history is based on, as poet Walt Whitman put it, the idea that this nation was founded as a second England.

There are several others that could broaden understanding of who laid the foundation for our country and the opportunities and the missed opportunities to recognize them that shape our attitudes today, and not always in a positive way.

If the Senate, or a small part of it, wants to kill time and possibly beneficial legislation (for somebody) in the process, it should at least contribute to improving the general knowledge of our nation, at least for the Senator who should fill his mind while killing everybody else’s time, and for those who might stick around if there’s something worthwhile to listen to.  And with these books, there is.

We offer these suggestions with no hope that they will amount to anything.

But that doesn’t keep individual members of the legislature—and the public—from becoming better citizens by broadening their understanding of our nation’s roots.

 

 

Premonition

Your faithful chronicler was invited to speak to a group of freshman, sophomore, and junior State Representatives last week. It turned out they all were Republicans, including some Republican candidates for the House.

If Democrats want to hear the nonpartisan speech, I’d be glad to do it for them.

In fact, the words of a Democrat had a prominent role in the early part of the speech.  I had recited some facts about being raised in a Republican family. But I came of age in the Camelot era, a pedigree that I hope is somewhat behind my efforts as a reporter to harass both parties equally.

As I was researching some of the material for the speech, I came across the speech President Kennedy would have delivered at the Texas Trade Mart. As history records, the world ended for him ten minutes or so before he was to arrive there. The conclusion of the speech reaches across the generations since that day in Dallas.  Here’s the part of that speech that made it into part of my remarks last week:

“In this time of division and hostility, of narrowness and demagoguery often fueled by fear of the different instead of the opportunities presented by the things we have in common, it might be good to reflect on some of President Kennedy’s words again.  The other day I came across some words he would have spoken at the Dallas Trade Mart on November 22, 1963, a day I remember vividly as a young reporter.

Ignorance and misinformation can handicap the progress of a city or a company, but they can, if allowed to prevail in foreign policy, handicap this country’s security. In a world of complex and continuing problems, in a world full of frustrations and irritations, America’s leadership must be guided by the lights of learning and reason or else those who confuse rhetoric with reality and the plausible with the possible will gain the popular ascendancy with their seemingly swift and simple solutions to every world problem.

There will always be dissident voices heard in the land, expressing opposition without alternatives, finding fault but never favor, perceiving gloom on every side and seeking influence without responsibility. Those voices are inevitable.

But today other voices are heard in the land – voices preaching doctrines wholly unrelated to reality,…doctrines which apparently assume that words will suffice without weapons, that vituperation is as good as victory and that peace is a sign of weakness…

We cannot expect that everyone, to use the phrase of a decade ago, will “talk sense to the American people.” But we can hope that fewer people will listen to nonsense…

We in this country, in this generation, are – by destiny rather than choice – the watchmen on the walls of world freedom. We ask, therefore, that we may be worthy of our power and responsibility, that we may exercise our strength with wisdom and restraint, and that we may achieve in our time and for all time the ancient vision of “peace on earth, good will toward men.” That must always be our goal, and the righteousness of our cause must always underlie our strength. For as was written long ago: “except the Lord keep the city, the watchman waketh but in vain.”

It has been too long since we heard that kind of uplifting challenge. And it’s time for leaders with courage to speak that way again.”

The crowd provided a standing ovation at the end of the talk, which was nice. I hope that means they didn’t think they were listening to nonsense.  And that they won’t go out and deliver it.

Motivational posters

Your correspondent dislikes walking into a room—usually somebody’s office—decorated with motivational posters.  You know them.  Lovely pictures with some syrupy words about success, or greatness, or achievement, or—motivation.

The motivational poster industry probably has been around forever; I think I have read of some motivational sayings painted on the walls at Pompeii.  But they’ve become noticeably popular in the last two decades or so.  We will leave it to various “ologists” to study what has changed about us to warrant such treacle.

There always was this feeling that anybody who really needed one of these saccharine decorations must have been short of self-esteem—or working for bosses who think a treacly poster can be a transformative influence on the employee.

I know several apparently well-adjusted folks who have these things on their offices.  As far as I know they do not spend any time every day meditating on them and pondering the significance of the message. They seem to be perfectly normal people who do their work competently every day.  I’ve known some of them long enough to know that the poster in their office has not changed the high-quality work they have always done anyway.

All of this is why my newsroom work station, for several years, sported a calendar from Despair.com (https://despair.com/collections/demotivators) that countered the hard-hitting soupy sayings on walls elsewhere in the building.  Every couple of months there was a new mini-poster taped under my name thingie.

Now, understand that news people have a tendency to be kind of anti-establishment, independent, unruly, and untidy souls who have an inborn pride in being to some degree as manageable as a wheelbarrow full of frogs.  Or cats.  Or Beagle pups. We are only slightly more manageable than a wheelbarrow full of canaries.

But my work area used to be decorated with beautiful pictures such as one showing several hands hoisting a trophy with the big word, “Winning” beneath and the ensuing paragraph: “Because nothing says, ‘You’re a loser’ more than owning a motivational poster about being a winner.”

There are several others—enough that I did not have time to acquire them all.

One that some legislator with a sense of humor might want to hang in the outer office where visitors can see it. If features a lovely early evening sunset-illuminated Nation’s Capitol and its reflection in a mall pool.  It says “Government,” and beneath it are the words, “If you think the problems we create are bad, just wait until you see our solutions.”

Apparently there is an alternate contemplation: “They may seem inefficient and feckless at times, but your Representatives in Washington just want what’s best for you assuming you’re a major corporation. Otherwise, you’re pretty mush screwed.”

Another poster shows a stack of newspapers with the big word “Media,” followed by, “What lies behind us and what lies before us are tiny matters compared to what lies right to our faces.”

And there’s one labled “Conspiracy” that says, “Never attribute to stupidity that which can easily be explained by a pathological blood lust for control.”

Or one showing hands raised in high fives and labeled, “Teams,” with the note, “Together we can do the work of one.”

And of course the poster reading “Motivation,” which advises, “If a pretty poster and a cute saying are all it takes to motivate you, you probably have a very easy job.  The kind robots will be doing soon.”

I’m waiting for the poster that says “Treacle.”  The accompanying line should be a pip.

Abdicating Authority

The Senate Appropriations Committee has sent a House-passed bill on sports wagering to the floor for debate.  The bill taxes proceeds from sports wagering at eight percent rather than the 21 percent rate for all other forms of gambling.  Committee Chairman Dan Hegeman says there will be a substitute bill offered on the Senate floor that changes some of the provisions of the House bill.

I could have opposed this bill when it was before the committee a couple of weeks ago but decided not to do it because I’ve told this committee and House committees for about three years why the legislation written by the casino industry should be rejected—-because it does nothing or almost nothing for the state’s interests and, in fact undermines them.

The worst thing the bill proposes—so far—is a series of deductions from the taxes the casinos will pay the state.  The goal, plainly stated in the bill, is to let casino accountants turn profitable days into unprofitable days and then to carry over any paper losses to the next day’s calculations. And if the accountants can show enough days were losers, then an entire month will have no revenues that can be taxed.

This is what I told the committee—with some editorial modifications because this is a column not testimony.

First: The fiscal note on this bill talks about how much the state will gain, which isn’t much, but it does not talk about how much the state will lose because of the ultra-low tax rate proposed and other factors in the bill.  Eight percent of nothing is the same as 21% of nothing, and “nothing” is the goal.

The other two points unfortunately are combined.

This not only is the thirtieth anniversary year of the vote to legalize casino gambling, it also is the thirtieth anniversary of approval of term limits.  This legislation represents an unfortunate combination of these two issues.

We have seen the realization of two important things that critics warned would happen if term limits were adopted.

One was that imposition of term limits would eliminate the institutional memory of the General Assembly.

Institutional memory is passed along by the Elders in any society to newcomers.  It consists not only of previous experiences in what works and what does not. In the legislature’s case, it was a matter of teaching new members about traditions, practices, rules (written and unwritten), and behaviors that are essential to good governing.

It is a matter of understanding why people are “Ladies” and “Gentlemen” in the House and why the phrase, “Everyone is a Senator” is vital to the operations of the Senate.  Both standards are matters of respect and based on the idea that policy is shaped by debate among equals.  A debate between two gentlemen, two ladies, or a lady and a gentleman is a debate between equals. It is a matter of parliamentary discipline and political respect regardless of party, geography, color, gender, faith or any other factor.

“Everyone is a senator” is the same.  Senators debate Senators.  It is not us-versus-them.  Senator-to-Senator does not infer that one is superior to the other.

Institutional memory used to teach respect for the understanding that today’s opponent likely will need to be tomorrow’s friend. It was a system that worked for about 175 of Missouri’s 200 years. The sad result of the loss of that memory has been played out in the Senate this year.

The third warning we heard is that after institutional memory is gone, the General Assembly would lose the structure that protects its role as the people’s policy-maker.  Without that structure, without that discipline—critics warned—the power to make policy shifts to two elements that are permanent parts of government outside the chambers—the bureaucracy and the lobbyists.

The warning was that while legislators will come and go, both the bureaucracy and the lobbyists are permanent and their power grows.  And so it is with this bill.

In the last five years, the gaming industry has given legislators 29 bills on sports wagering with the expectation those bills will be passed.  In these five years, not one member of the House and the Senate—I haven’t counted but probably 230 or more people have served in either chamber during that time—not one member of the House or the Senate has independently introduced a bill that puts the General Assembly in charge of this issue.

Not one bill has been written by any member of the Missouri Legislature that legalizes sports wagering on the state’s terms, that asserts the General Assembly’s authority to act on behalf of the people who elected its members. 

And so the warnings from 1992 have come sadly true.  For five years the Missouri General Assembly has abdicated its authority—on this issue—to those who are not physically Ladies, Gentlemen, or Senators, none of whom have any responsibility for, or obligation to the people who sent you here.

And that is why you are being asked by backers of this bill to tell the people who sent you here that it is okay with you if your veterans continue to see declines in financing for their nursing homes, why it is okay with you if the state’s promise of education funding from casino gambling is broken, why it is okay with you if the cities some of you represent that play host to casinos will continue to lose thousands and millions of dollars every year because the gambling industry tells you not to update outdated laws.

It’s not too late to regain control of the process. Committee or floor substitutes, or committee or floor amendments can do it.

But the industry doesn’t want you to do it.  So you have a choice.

When you go home on the evening of May 13th and you have coffee the next morning with some constituents and one asks if you did anything good here this year—what will you say?

—that you stood up for your teachers and your veterans and your home dock cities…..

Or will you say, “I voted to let you bet on a baseball game tonight.”

-0-0-0-0-

Time is running short and pressure to pass what the industry wants in this election year is likely to increase. Now we will learn if the legislature has the spine to act on behalf of the people they meet at home or whether they’ll go with the people they meet in the Capitol halls.

We hope the teachers and the veterans and the college kids looking for state scholarship help, or the city leaders of towns with casinos—and even families of those who become addicted to this industry’s product—ask in these weeks before the election whether their legislator abdicated policy-making power to the people in the halls.

Theatre of the Inane

Elon Musk, insanely wealthy and looking to fend off boredom, has decided he wants to buy Twitter. He says he’ll pay $43 Billion.  Twitter doesn’t want to be bought and thinks it has a poison pill that will keep it Muskless.  He has suggested these are just the opening rounds of what can become an increasingly nasty fight.

We don’t twitt. We don’t Facebook. Both refusals probably are to our disadvantage when it comes to sharing this twice-a-week wisdom. But, frankly, we have a life and it’s not spent focusing on what’s between our thumbs.

When Twitter first came along, the Missourinet news staff was told it was going to have to start using it because it was the coming thing in communication.  The example given of its usefulness was a narrative series (forgive me, friends, I abhor the word “tweets”) of a friend of ours who was going somewhere and reported at various times that he had arrived at the airport, had been checked in, was waiting to board, was boarding, and was sitting on the airplane that was spending too much time packing in the passengers..

The Missourinet staff was unimpressed beyond description.

A few days later, your observer, the now-retired Missourinet news director saw a message from a friend who told the world that she was going to have to stop on her way home from work to get a new sump pump.

The news director quickly dubbed Twitter “the theatre of the inane.”

While Twitter has proven to be useful in distributing news in real time (as well as lies, conspiracies, accusations, and general trash), it still is awash in inanities.

Representative Harry Yates of St. Joseph would not have liked Twitter if it had existed in his day. He introduced a bill in the 1925 legislative session making gossip and scandal-mongering a criminal offense.   He proposed fines of ten to one-hundred dollars or a ten-to-fifty day jail sentence for anyone “maliciously repeating or communicating any false rumor or slander detrimental or harmful to another person.”

Yates would, of course, be apoplectic about Facebook.

His bill never made it into the statute books. It had some obviously serious First Amendment problems. And worse yet, if people couldn’t gossip or be mongers of scandals, there would be little to talk about, especially at the Missouri Capitol.  The place is a hothouse for gossip of varying degress of veracity.

But then again, imagine how nice would be the Silence of the Thumbs, at least in some places, if Representative Yates had succeeded.

 

A Reason to Still Like Ike

Here’s a piece of trivia for you that we learned years ago while touring the boyhood home of Dwight D. Eisenhower in Abilene, Kansas:

He was born David Dwight Eisenhower.  His father’s name was David, too, so his mother reversed the first two names to avoid having two Davids in the family.

At the end of World War II, President Truman told him, “General, there is nothing that you may want that I won’t try to help you get. That definitely and specifically includes the presidency in 1948.”  Eisenhower called the idea “an astounding proposition”   that he treated as a “splendid joke, which I hoped it was.”  He laughed it off and told Truman that he would not run for president in ’48.

The incident is recounted in Eisenhower’s 1948 book, Crusade in Europe, his view of the European War.  You might find his last few paragraphs something to reflect on in our current times:

Volumes have been, and more volumes will be, written on the collapse of world co-operation and the true significance of the events that accompanied the tragedy.  For us, all their words will amplify one simple truth.  Freedom from fear and injustice and oppression will be ours only in the measure that men who value such freedom are ready to sustain its possession—to defend it against every thrust from within or without.

Eisenhower warned against any signs of military weakness (as Churchill did in Fulton in 1946) but he felt “Military preparedness alone is an inadequate answer to the problem.” And nationalism isn’t either.  In a time long before Russian hacking, Eisenhower wrote:

Communism inspires and enables its militant preachers to exploit injustices and inequity among men. This ideology appeals, not to the Italian or Frenchman or South Americans as such, but to men as human beings who become desperate in the attempt to satisfy common human needs. Therein it possesses a profound power for expansion. Wherever popular discontent is founded on group oppression or mass poverty or the hunger of children, there Communism may stage an offensive that arms cannot counter.  Discontent can be fanned into revolution, and revolution into social chaos. The sequel is dictatorial rule. Against such tactics exclusive reliance on military might is vain.

The areas in which freedom flourishes will continue to shrink unless the supporters of democracy match Communist fanaticism with clear and common understanding that the freedom of men is at stake; meet Communist-regimented unity with the voluntary unity of common purpose, even though this may mean a sacrifice of some measure of nationalistic pretensions; and above all, annul Communist appeals to the hungry, the poor, the oppressed, with practical measures untiringly prosecuted for the elimination of social and economic evils that set men against men.

As a world force, democracy is supported by nations that too much and too often act alone, each for itself alone. Nowhere perfect, in many regions democracy is pitifully weak because the separation of national sovereignty uselessly prevents the logical pooling of resources, which would produce greater material prosperity within and multiplied strength for defense..

The democracies must learn that the world is too small for the rigid concepts of national sovereignty that developed in a time when the nations were self-sufficient and self-dependent for their own well-being and safety. None of them today can stand alone. No radical surrender of national sovereignty is required—only a firm agreement that in disputes between nations a central and joint agency, after examination of the facts, shall decide the justice of the case by majority decision. This is a slight restriction indeed on nationalism and a small price to pay if thereby the people who stand for human liberty are better fitted to settle dissension with their own ranks or to meeting attack from within.

We believe individual liberty, rooted in human dignity, is man’s greatest treasure. We believe that men, given free expression of their will, prefer freedom and self-dependence to dictatorship and collectivism.  From the evidence, it would appear that the Communistic leaders also believe this; else why do they attack and attempt to destroy the practice of these concepts…

If the men and women of America face this issue as squarely and bravely as their soldiers faced the terrors of battle in World War II, we would have no fear of the outcome. If they will unite themselves as firmly as they did when they provided, with their Allies in Europe, the mightiest fighting force of all time, there is no temporal power that can dare challenge them.  If they can retain the moral integrity, the clarity of comprehension, and the readiness to sacrifice that finally crushed the Axis, then the free world will live and prosper, and all peoples, eventually, will reach a level of culture, contentment, and security that has never before been achieved.

It might seem to some that Eisenhower’s seventy-year old message today would be “Make the WORLD great again.”

Morbid Bracketology

A lot of office employees have filled out basketball tournament brackets this year but I’ll bet you’ve never seen one such as the staff at the Missouri State Archives has each year.

Instead of “March Madness,” these folks have a “tournament” called Morbid Madness. It started six years ago when staffers were talking about some of the “weird, interesting or amusing causes of death while researching, processing or indexing records,” as archivist Christina Miller explained it to me a few days ago. “We come across death certificates, mortality schedules (1850-1880), probate records, coroners inquests and court records during the course of our work,” although the brackets are not limited to those years. Since it was about March when this came up, the staff decided to create a bracket to determine a “winning” unusual cause of death. Before long, people from other divisions of the archives joined in and before long the bracket became a “team building” activity.

One example from a previous bracket was a death certificate that listed “drowned while washing car.” That set the staff off on a search of newspaper accounts which showd the car apparently was partiallyi driven into a lake for washing (strange enough right there!) and the driver got his foot stuck under water and drowned.

These are folks that are keying thousands of old records into databases that the public can access. Among those records are death certificates and the supporting documents, usually coroner’s inquest reports.  These folks discover all kinds of funny (in a grisly sort of way) causes of death.

Here is this year’s Morbid Madness Bracket;

Some of these are pretty prosaic—smoking in bed, for example.  Others are just—–Well, we don’t know that to say they are.

We don’t have room to include coroner’s reports but the case of the death of William Nabe who died of a knife wound in an argument about pies at the Coker School House in Cape Girardeau County, 1916—which reached the final round—happened this way:

A deposition from witness Louis Schatte recalled there was an “entertainment” at the school that featured a pie sale. One Jim Thompson bid to buy all of the pies, prompting Nabe to ask in a friendly way, “What are you going to do with all those pies?”  To which Thompson replied, “It’s none of your damn business.”   A short time later, Nabe told Thompson he’d be better off saving his money because the next day he wish he hadn’t spent all of it and had let the other guys a chance and “if he was going to invite the boys to eat pie with him.”  Schatte said, “All Nabe’s remarks were seemingly in fun and Thompson replied in a very short plain manner that it was none of his God Damn business.” (The involvement of the Deity indicates things are much more serious now.)

In a follow-up conversation, Nabe said he wasn’t looking for a fight inside the school but if Thompson was looking for trouble “to come outside and he would get it.”  Outside, Thompson was ready to go but Nabe didn’t want to fight on school property. There were some other words exchanged and the two wound up wrestling in the road in the process of which Thompson stabbed Nabe while Nabe was on top of him.  We don’t know what happened to Thompson or to all the pies he bought.

“Died during a fight over pies” prevailed over such causes as dragging dead hogs, burned by a kettle of ketchup or by really hot hotcakes, being shot “slyly,” and just plain old smoking in bed, or in a drunken brawl.

Reaching the championship round on the other side was the death of William Diez (as nearly as we can decipher the old handwriting) from “Drinking Almond Oil”  in February, 1848.  It seems a man named Magnus Gross (perhaps) was making a liquer called Maraschino, the recipe for which called for the oil of bitter almonds. Diez argued with Gross about the properties of the oil. Although Gross said it was among the most dangerous of poisons, Diez disagreed and said that while he was a student in Europe he drank the stuff after a night’s spree. The dispute continued until Diez suddenly grabbed the glass containing the oil and chugged it down.  Not long afterward he complained of feeling ill, vomited material strongly smelling of almonds, and lost consciousness. He died within a half-hour.

A doctor later testified that eight drops of the oil would often kill a man.

Drinking almond oil defeated whiskey of questionable quality, thought bug killer was wine, a watermelon seed in the lungs, drowned in a keg, and used a railroad tie as a pillow.

Drinking the oil of bitter almonds was this year’s Morbid Madness champion.

Last year these jolly archivists had an all-star bracket that featured winners of past brackets. The winner in 2018 was suicide with booze and women as the contributing cause. In 2019 it was about a man hit by a cow on a public highway. In 2020 it was a guy whowas attached to a chain on his wife’s car—which was ruled a justifiable homicide.

The winner of last year’s All Star contest was the winner from the 2017 bracket—a guy more than fifty years ago who tried to throw a beer can to a neighboring house. There was a little more to the incident than that, though:

Moral of the stories for 2022: If you’re going to have a pie fight, throw them and in the other case sometimes (I can hear Shirley Bassey singing this) “Almonds are forever.”

The Hypocrisy of Term Limits

Sometimes we write stuff here that won’t move the public needle but we do it to get something off our chest and into whatever public discussion flows from these pieces.  Truth be told, these columns have limited readership and since I don’t mess with Facebook or other social media platforms (I have a life and it is not lived between my thumbs), this wisdom reaches only a few feet from the mountaintop from which it is dispensed.

But today, we need to expose term limits for the hypocritical entity that they are. And the hypocrisy that voters showed in approving them thirty years ago this year.

We related some of the problems a few days ago.  There are two major points today, one that can be made in just a few words and the second one that will take a little more. The point, however, is the same—term limits are voter apathy and voter hypocrisy at their worst:

The first point is one we’ve made before—that voters gave up their right to vote for the people who represent them in the legislative chambers when they adopted a law saying they did not want the right to vote their state representative a fifth term or their state senator a third term.

They just threw away their votes.

Voters said we must have term limits to get new, fresh blood into our governments—-and then immediately contradicted themselves.

The same voters who approved limiting Missouri House members to only four two-year terms voted in the same election to return 53 members to the House of Representatives for a fifth term.

Of that 53, four were returned for their ninth term, one for a tenth term, two for their eleventh term and one for his SEVENTEENTH term.

Two years later, Missourians voted for 36 of these same people for still another term and gave fourteen others a fifth term or more.

And in 1996 voters sent 22 of them back again! And they gave 13 representatives fifth terms.

The last person affected by term limits to serve in the House of Representatives, as far as we have been able to determine, was Chris Kelly of Columbia, who was elected to his ninth and last term in 2012 after having been away from the House for several years.  He could have run for a tenth term but did not.

In all, Missouri voters who think term limits are good public policy have voted 263 times to elect state representatives to a fifth term (one was elected to a 19th during this time).

The Missouri Senate, a much smaller body, has seen voters send its members back for more than two terms 32 times.

That’s almost 300 times for both chambers of our legislature. .

And what does that say?

It says that if voters have a chance to vote for someone they like, they’ll do it.  But those voters of 1992 decided you and I won’t have that opportunity.

The second point is that term limits miss the target.  The real issue is POWER.  Instead, term limits cripples SERVICE.  The most dangerous people in our political system are the people in power.  They set the agendas.  They decide what legislation will be heard in committees or debated on the floors of the House and the Senate. They are in positions that attract financial support that hey might wish to share with a favored few.

Terms limits can be, should be, applied to those who can manipulate the system.  Speakers and Presidents Pro Tem have the power. The Governor and the Treasurer have policy and financial power in state government and limiting that power is a safeguard as would be limiting the years a person can lead a legislative body.

There is no doubt that incumbency has its advantages at campaign times.  But the answer to that advantage is not in taking away the right to vote for that person again instead of for an opponent. It is in making challengers more equal in presenting their cases.  Reforming the way campaigns are financed is an answer. The challenge is in finding a constitutional way to do it.

One way to start is to change term limits laws to apply to those in power and to restore the citizens’ right to pick their public servants.

Will voters reclaim their right?  In today’s political climate, it’s extremely doubtful regardless of how much we owe it to ourselves as voters and our system to do it.

There are people who are dying today to keep their version of democracy alive.  We smug Americans who too readily wrap ourselves in our flag and use it to justify all kinds of dubious remarks and actions cannot fully appreciate  how desperately millions of others want to hang on to something we regard so casually and irresponsibly and are willing to give away with so little thought.

But term limits are what we have and that’s what we are thirty years after Missourians gave away their right to vote for those speaking for them in the chambers where our laws are made.

The Obit

We’re all going to have one, eventually.  Some help write theirs, or write the whole thing (see the New York Times recent obituary for former Secrtary of State Madeline Albright).

I had to remind Missourinet reporters from time to time that people die.

They do not, I told them, enter into rest, make the transition, cross to the other side, pass away, or any of the myriad euphemism that we use to escape saying someone died.

Years ago, one of my journalism school professors said “passing away” refers to a quarterback who throws a pass that goes over the hands of a leaping receiver, clears the goal post, flies out of the stadium, and is last seen disappearing into the distance.  “THAT,” he said, “is passing away.”

While at the Missourinet, I kept a file of those euphemisms.  I was astonished at its length.

Published obituaries often come from the families of the dead rather than from the pen of a newspaper writer, which is okay as part of the grieving process.  Few newspapers have reporters on the obit beat, but an obituary written by one of those people is considered a form of literary art.  The Albright obit in  The New York Times is an example of the obituary as literary art. Some of its previous write-ups are in book form.

One of our favorite obituaries is one that pulled no punches.  Accuracy was more important than tribute in this obit published by the London Telegraph, April 21, 2005: (To get full enjoyment, we suggest you put on your best English accent and read it aloud)

The 10th Earl of Shaftesbury, whose death aged 66 was confirmed yesterday, demonstrated the dangers of the possession of inherited wealth coupled with a weakness for women and Champagne.

Shaftesbury, who disappeared last November prompting an international police investigation, was tall, debonair, affable and rather shy.  He tried after his own fashion to be true to the liberal philanthropic family traditions of his ancestors, notably the first Earl (1621-83), founder of the Whig party in Parliament, and the 7th Earl (1801-85), the great 19th century evangelical social reformer.

He served as president of the Shaftesbury Society, which the 7th Earl had founded, and—as a keen music fan—was chairman of the London Philharmonic Orchestra from 1966 to 1980.

He was also respected as a conservationist.  On his 9,000-acre estate at Wimborne St. Giles, Dorset, he planted more than a million trees and, in 1992, was joint winner of the Royal Forestry Society’s national Duke of Cornwall’s Award for Forestry and Conservation. He also served as president of the Hawk and Owl Trust and as vice-president of the British Butterfly Conservation Society.

It was said, after his mysterious disappearance from a Cannes nightclub, that the 10th Earl, like Gladstone, had been devoting himself to helping vulnerable young girls working in nightspots on the French Riviera to start new lives. But as the mystery deepened, it seemed that his interest was more than merely philanthropic.

Indeed, Lord Shaftesbury had always exhibited a weakness for exotic women. At Eton he had famously penned an article for the college magazine in which he described English debutantes as “round-shouldered, unsophisticated garglers of pink champagne.”  His subsequent amorous career was notable for his avoidance of the species.

He met his Italian-born first wife, Bianca Le Vien, the ex-wife of an American film producer and 12 years his senior, during a skiing holiday. They married in 1966 but divorced owing to his adultery with an unnamed woman, in 1976. The same year he married Swedish-born divorcee, Christina Casella, the daughter of a diplomat, with whom he had two sons.

That marriage, too, ended acrimoniously, in 2000, and he embarked on a long string of short-lived and expensive love affairs with younger women distinguished by their exotic looks and equally colourful past histories.

He became a familiar figure in some of the loucher nightspots on the French Riviera, where he cut a curious figure in his leather trousers, pink shirts, and large red-and-black spectacles; he was notable for his habit of flashing his money around as he bought drinks for a succession of nubile female companions.

In 1999 he had begun a relationship with Nathalie Lions, a pneumatic 29-year old whom he had met in a lingerie shop in Geneva, where she was working as a model. They became engaged, and he paraded her around London, Barbados and the south of France, maintaining that she was a member of the Italian royal house of Savoy. He admitted to lavishing some £1 million on her in cheques and expensive gifts, including a £100,000 Rolex watch and an Audi TT sports car.

But their relationship came to an end in 2002 after it was revealed that she was, in fact, a French nude model and former Penthouse “Pet” with silicone-enhanced breasts.

Later that year, he married Jamila M’Barek, a Tunisian divorcee with two children, whom he had met in a Paris bar where she was working as a hostess. She separated from him in April 2004, claiming that he had become an alcoholic and “sex addict,” regularly overdosing on Viagra and having testosterone injections. Among several bizarre stories, she alleged that, on one occasion, she had returned unexpectedly to their flat in Cannes to find her husband in the company of a large Arab gangster and two Arab women who were rifling through the wardrobes. Her husband was on a stool singing and dancing; the women left with a car-load of her belongings.

In August 2004 Shaftesbury was reported as having taken up with a 33-year old Moroccan hostess known as Nadia. He installed her and her two children in their own flat and, a month later, asked her to become the fourth Countess of Shaftesbury.

On the evening of November 5, 2004, Shaftesbury left the Noga Hilton Hotel in Cannes and, as was his regular habit by this time, entered a basement hostess-bar nearby. Within 24 hours he had vanished, setting off an international criminal investigation.

The saga of “Le Lord disparu” send the French media into a frenzy, and spawned a multitude of theories. In February his estranged wife, Jamila M’Barek was arrested by French police and allegedly admitted that she was present when the Earl was killed in her home; but she insisted that she was only a witness to a fight involving her husband and his killer. She and her brother Mohammed have both been placed under investigation for murder which is a step short of formal charges under French law.

Anthony Ashley-Cooper was born on May 22, 1938, the elder son of Major Lord Ashley, elder son of the 9th Earl of Shaftesbury KP, PC, GCVO, CBE. Lord Ashley, who died in 1947 before he could inherit the earldom, had shocked London society by marrying the model and chorus girl Sylvia Hawkes.  After their divorce she went on to marry Douglas Fairbanks Sr., followed by Clark Gable. Anthony was the son of his father’s French-born second wife, Françoise Soulier.

He was educated at Eton and at Christ Church, Oxford, and as a young man was a keen climber and skier. He succeeded to the earldom at aged 22 on his grandfather’s death in 1961.

The 9th Earl had, by prudent financial planning, arranged matters so that his heirs would avoid death duties.  The young earl therefore came into an estate which included the family’s 17th century home and large estate in Dorset, several other properties and a collection of art and other valuables.  By the 1990s his wealth was said to be in the “low millions.”

It was another ancestor, the 3rd Earl, who had bequeathed to his wayward descendant the wisest counsel: “The extending of a single passion too far or the continuance of it too long,” he observed, “is able to bring irrecoverable ruin and misery.”

Shaftesbury’s body was found in the south of France on April 5; yesterday it was announced that DNA tests had confirmed his identity.

By his second marriage, Lord Shaftesbury had two sons, the eldest of whom, Anthony Nils Christian, Lord Ashley, born in 1977, succeeds to the earldom.

Now, THAT’S an obituary!