Impeachment Rides Again

The second Senate trial of Donald Trump begins today with Trump’s same threatening shadow over those who might personally and intellectually believe he deserves no sympathy but who are unable to resist his politically-threatening presence. .

If it is improper to impeach and convict someone whose behavior in office so strongly breaches all bounds of propriety after he or she vacates the office, how then can that person be held accountable for his direct or indirect actions?  How is justice to be exacted on behalf of the Republic?

Is Lady Justice to be stripped of her scales by the calendar or does she carry them into his or her political afterlife ?

The Senate voted 56-44 yesterday afternoon that Lady Justice is mobile.

We encourage you to watch these events on C-SPAN as much as you can. Stay away from partisan sources.  Watch, listen, be informed by an organization that lets you watch, form your own opinions, and decide if justice is done.

There is considerable doubt that enough Republicans will join with Democrats to reach the two-thirds majority needed to convict Trump. Based on the vote that the proceeding is constitutional, Democrats need to pick up eleven Republican votes to convict.

In truth, conviction would appear to be more likely if these proceedings were done in secret as we observe the strong secret caucus vote of confidence for Representative Lynne Cheney who was facing party punishment for voting to impeach.  But the public vote to take away committee appointments from Marjorie Taylor Greene for her outlandish advocacy of numerous debunked conspiracies found few Republicans willing to step up.  It is easy to be courageous if those who seek to intimidate you do not know who you are. But courage in public despite a penalty that might be threatened or imposed is rare no matter how much it is justified.

Honor is achieved in the light, not in the darkness.

Should the Senate fail to generate the needed two-thirds vote to convict, the former president might once again proclaim victory.  It is a mistake for others to respect that proclamation.

Even if the final vote is 51-50, with the Vice President breaking a tie, the Senate will achieve a majority that Trump never achieved in either of his presidential elections.  In 2016 he achieved only 46.1%.  In 2020, he achieved only 46.9%.

Forget all of the pap about getting 74-million votes.  He lost. By millions of votes. Chris Kobach, whose investigation failed to turn up all the fraudulent votes Trump claimed were against him in 20-16 won’t be able to find fraudulent votes in 2020 either.  God knows Rudi Giuliani tried even harder last year than Kobach did in ’16, tried so hard he’s being sued for billions by the companies that made the voting machines.

Let all of the senators regardless of whose side they are on (willingly or fearfully) and all of us listen to and see the evidence from both sides.  Our Senators and 98 of their colleagues eventually will vote and we hope they will vote their conscience, not their fear of retribution.

And as we noted in observing Trump’s first trial, a verdict of “not guilty” is not the same as finding him “innocent.”   By whatever gauge anyone might use to consider Trump’s behavior, the word “innocent’ cannot be used with validity.

A lot of people who are in jail or are out on bond facing tough charges and hard time will not connect “innocent” to him.

(Incidentally, has anyone heard of Trump calling the families of those who are facing those charges, or calling the families of any of those who were hurt or who have died because of the onsurrection to offer any comfort or, in the case of police officers injured in protecting the building and the people who work in it, any sympathy?)

We shall wait for honor and courage to be displayed by those who sit in judgment of Donald J. Trump.

Hal

Let me tell you about meeting Mark Twain.

Well—-Hal Holbrook, actually.

He was Mark Twain longer than Mark Twain was Mark Twain. Actor Hal Holbrook died about two weeks ago although word of his death didn’t come out until this week. He was 95.

I saw “Mark Twain Tonight” the first time at the Stephens Playhouse in Columbia, as I recall, in the early 1960s and I think maybe a second time there.  Definitely a third time many years later at Jesse Hall at the University and a final time on May 16, 2014 at the Miller Performing Arts Center here in Jefferson City.  Nancy and I got to be part of the meet-and-greet bunch backstage after the show in Columbia and then again at the Miller Center.

There is an interesting, perhaps remarkable, story about his Jefferson City performance.

Mark Comley, my successor as president of the Community Concert Association, shared my enthusiasm for Holbrook as Twain.  The association decided to go for broke and bring him to the Miller Center even though he cost every penny of our annual budget.  But we thought a sell-out would justify the investment even if it didn’t quite cover the entire cost and we’d gain some recognition for the association that would pay off in the next season. I was disappointed that we didn’t sell every seat in the auditorium.  Big crowd, but it was disappointing to see that so many people in our city passed up a chance to see one of the great acts in the history of the American theatre.

It was the last day of the legislative session and as usual, the last week was exhausting.  I missed most of the first half of the show and didn’t have the energy for an after-show dinner at Madison’s (they kept their back room open so the concert board and guests could dine with Holbrook at midnight).

Holbrook was 89 then and showed plenty of energy in the show and in the post-show meet-and-greet afterward. He had removed his makeup (he told me in an interview in 2016 that he had to use less of it as he aged into the age of Twain, who he portrayed as being 70).

He stopped and spent time with each person. I told him I had hoped we’d be able to get him to the Capitol to see the various tributes to Twain (the Huck Finn art of the Benton mural, the bust of Twain in the rotunda’s Hall of Famous Missourians, and a—in my opinion— fairly undistinguished portrait of him) as well as a painting in the Senate of Francis Preston Blair Junior, the son of the man Holbrook played in the movie, Lincoln.

We took a couple of friends with us, Larry and Peggy Veatch who had lived in Hannibal for many years where Larry was the minister of the First Christian Church for a long time—and Holbrook had spent part of his performance on Twain’s ruminations on religion.  He and Larry had quite a conversation.

Mark (Comley) told me a remarkable story about midnight dinner the next time I saw him. It seems that Mark’s favorite routine is Twain’s recounting of the story of the skipper of little boat impressed of his own self-importance who crosses paths with another ship and its skipper who put him in his place.   Holbrook often used the story, originally told by Twain at a dinner in his honor in Liverpool, England on July 10, 1907 to close his shows. He hadn’t done it at the Miller Center and Mark mentioned it to Holbrook at the dinner.   Holbrook grew quiet for a time–And then did the entire routine. You can see it as Holbrook sometimes did it on stage:

https://www.youtube.com/watch?v=F_rTMNnxwSE

Mark figured that Holbrook had gone quiet for a little while because he was sorting through the hundreds or thousands of Twain stories stored in his memory until he found the story of “The Mary Ann.”

The first half of his shows were filled with wry and humorous observation of Twain.  The second half of the show turned serious pretty soon when he did the reading from Huckelberry Finn when the boy has to decide if he’s going to lie to protect his friend Jim, the room was always absolutely still, the audience moving only so much as necessary to breathe.

He spent about an hour with me on the phone in 2004 when he was appearing at then-Central Missouri State, the University of Missouri-Columbia, then at Kansas University. That was his 50th year of being Mark Twain.

Somewhere, in a box of recordings of interviews and events we covered in forty years at the Missourinet is a CD of that interview.  I’ll find it someday and post it.  I do remember that he told me he often updates his show with new Twain material but he never went beyond Twain’s thoughts. He never thought, “What would Twain say” about contemporary issues.  But Twain’s social commentary covered such a wide range of topics that many of his observations of 19th century situations fit contemporary events.

Holbrook didn’t exactly invent the one-man show portraying a historic figure but as Mark Dawidziak at the Center for Mark Twain Studies  put it, “Holbrook not only unleased platoons of Mark Twain impersonators (several in almost every state), he popularized the one man show about American figures. He soon was followed by James Whitmore as Will Rogers, (then as Harry Truman, and Theodore Roosevelt), Henry Fonda as Clarence Darrow, Julie Harris as Emily Dickinson, and Robert Morse as Truman Capote, just to name a few.”

But, in truth, many of the Twain impersonators weren’t really impersonating Twain.  They were impersonating Holbrook.

Samuel Clemens started using the pen name of Mark Twain in 1863. He died in 1910 at the age of 75 after 47 years if being Twain.

Hal Holbrook retired his act, and himself, in 2017, his health no longer strong enough for tours and performances.  He had been Mark Twain (among other characters in numerous movies and TV shows) for seventy years.

Patriot

I am a patriot.  And I do things patriots do.

I stand for the national anthem.

I put my hand over my heart, or somewhere near it, when the flag passes by or when I say the Pledge of Allegiance.

When I say the pledge, I say it as a pledge not as a rote statement poorly delivered:

I pledge allegiance (pause)

To the flag (pause)

Of the United States of American (pause)

And to the Republic for which it stands (pause)

One nation (pause)

Under God (pause)

With Liberty and Justice for All.

After which I sometimes mutter, “Play Ball,” because it just seems like the right thing to do.

But I say the pledge the way it ought to be said:

“I pledge allegiance to the flag of the United States of America (comma) and to the republic for which it stands—One nation, under God, indivisible, with liberty and justice for all.”  I usually finish and drop my hand while other about me are saying “Under God.”

I don’t rush through it. It is my personal pledge, said as one not said as a group rote.  I confess that the phrase “under God” is bothersome because it assumes something we might believe but cannot know. Perhaps someday it will permissible to say, “One nation, hopefully under God….”

That position is heavily influenced by Abraham Lincoln, whose family lived in the town where I was born, and who practiced law as a circuit-riding attorney in the two towns where I was raised. He once supposedly said, “My concern is not whether God is on our side; My greatest concern is to be on God’s side, for God is always right.”  Scholars have not been able to confirm that Lincoln actually said that and the statement might be distilled from part of the oration given at Lincoln’s funeral in Springfield Illinois on May 4, 1865 by Reverend Matthew Simpson of the Methodist Episcopal Church, who had a “long and intimate friendship” with Lincoln:

“To a minister who said he hoped the Lord was on our side, he replied that it gave him no concern whether the Lord was on our side or not, “For,” he added, “I know the Lord is always on the side of right;” and with deep feeling added, “But God is my witness that it is my constant anxiety and prayer that both myself and this nation should be on the Lord’s side.”  

I stand for the flag, but I respect others who do not see the symbolism in our flag that I see. I have not walked in their shoes or in the shoes of their ancestors. I cannot be confident that I am on God’s side in such circumstances because to do so would be to assume that God is not on the side of others or wished others to be less free than me.  While others might be comfortable in assuming they know the mind of God and are therefore entitled to a definition of patriotism that allows them to judge others from their sacred viewpoint, I cannot reach that level of confidence. I prefer the other approach—hoping that I should be on God’s side rather than assuming that God is on mine.

It is a liberating rather than a confining position for it leaves me free to accept others and to see their possibilities, which I believe is the direction a great nation must go if it is to be even greater.

It enables me to suggest to those who cite early American naval hero Stephen Decatur’s after-dinner toast (“Our  Country! In her intercourse with foreign nations may she always be in the right; but right or wrong, our country!”) that adhering to such a sentiment requires no consideration of the narrowness of it.

English philosopher, lay theologian, critic, and writer G. K. Chesterton was more abrupt in dismissing the idea by saying it is equivalent to saying, “My Mother, drunk or sober.” His comment is drawn from his first book of essays, The Defendant, published in 1901.  The sixteenth chapter is “A Defence of Patriotism”

Better, I find, are words from Missouri Senator Carl Schurz, a German immigrant who became a Civil War General, St. Louis newspaper publisher, and later Secretary of the Interior, from the Senate Floor on February 29, 1872:

The Senator from Wisconsin cannot frighten me by exclaiming, ‘My country, right or wrong.’ In one sense I say so too. My country; and my country is the great American Republic. My country, right or wrong; if right, to be kept right; and if wrong, to be set right.” 

He elaborated on those thoughts on October 17, 1899 at the Anti-Imperialistic Conference in Chicago:

“I confidently trust that the American people will prove themselves … too wise not to detect the false pride or the dangerous ambitions or the selfish schemes which so often hide themselves under that deceptive cry of mock patriotism: ‘Our country, right or wrong!’ They will not fail to recognize that our dignity, our free institutions and the peace and welfare of this and coming generations of Americans will be secure only as we cling to the watchword of true patriotism: ‘Our country—when right to be kept right; when wrong to be put right.’”

We recently came across an article by Noah Millman in The American Conservative from 2017 about teaching children about patriotism, “if you want them to understand their country’s crimes and failures as well as its achievements.”  Love of country, he suggests, cannot be narrow because love, if true love, cannot ignore differences. He cited Chesterton’s comment as he outlined why patriotism cannot be selfish but must involve responsibility for others, just as love grows from an awareness of, and acceptance of, and a responsibility for another.

People feel an attachment, and a willingness to fight to protect, their homes, and their communities. That can take noble and ignoble forms — sometimes fighting to defend your community means committing injustice (as, for example, if you band together with your neighbors to prevent someone from a disfavored ethnic group from moving to the neighborhood). But the feeling is rooted in a direct experience, not an abstract attachment.

For any political community larger than a city, though, that attachment necessarily becomes abstract. So you need to teach your children why they should care about that larger community, be proud of it, and treat it as constituent of their identity…

Chesterton famously quipped that the sentiment, “my country, right or wrong” is like the sentiment, “my mother, drunk or sober.” But the thing about the latter is that she is your mother whether she’s drunk or sober — it’s just that your obligations change based on her condition. If she’s drunk, you won’t let her drive — instead, you’ll make sure she gets home safely.

The question, then, is how you teach your children to see their country as, in some sense, like a mother when their relationship is necessarily abstract rather than directly felt. A love of country based on the lie that your mother is never drunk will be too brittle to survive any kind of honest encounter with reality. But it seems to me equally problematic to say that you should love your country because it is on-balance a good one. Does anyone say about their mother that they love them because on-balance they are sober?

Filial love is first and foremost rooted in gratitude for existence itself. That applies to adopted children as well; we are not born able to fend for ourselves, but radically dependent on others’ love and care, and however imperfectly it was provided if we survived at all then it was provided in some measure. And that gratitude extends to the larger society. None of us were raised in the wilderness; whoever we are, we are because of the world that shaped us, and we are grateful to be ourselves even if we are not always happy being ourselves.

In this time when the word “patriot” has been abused and has been turned into a term of narrowness, when love of country has been defined as fear or hatred of those who are different and therefore unacceptable, when violence has become a sanctioned way of expressing patriotism, it is time to learn what love is.

Paul defined it for us in one of his letters to the believers at Corinth: “Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered. It keeps no record of wrongs.”

Sounds like an outstanding definition of what a Patriot is, or should be. This is a time to be a Paulist Patriot. But being a Paulist Patriot will require a stern unwillingness to let Chesterton’s drunk mothers prevail.

I stand with Paul. And Schurz. And Lincoln.

I am a Patriot.

The First Day

This is the first day of the week for most of us after the day of rest on Sunday, the seventh day, in the Christian tradition.  This week will have two “first” days.

Nancy and I will get our first Pfizer COVID-19 immunization shots Thursday morning.

I don’t think I’ve written much personally about this pandemic in all these months but as I went back and looked at the first few entries in what I call “The Journal of My Pandemic Year,” starting in March that it’s obvious this has been a tense time because of the uncertainty that has pervaded our lives—what do we dare do about relations with friends and relatives; when can we go without masks (never, when we‘re going to be indoors with others), a daily  unspoken question about whether we might have picked up the virus somewhere and were soon to be sick, the whole business of—in effect—living only with ourselves day in and day out, week in and week out, month by month as we watched the calendar change and saw only chaos in our national leadership on this and other subjects.  And now we’re only days away from becoming immune.

We’re not down to counting hours yet; that won’t come until we near the date for our second shot. But making it to that first shot after all this time, all this uncertainty, all these days with all spontaneity removed from life, all the game nights we missed playing Five Crowns, or Rummikub or Labyrinth, or Quiddler, or something else with friends; all of the fellowship from church and other events gone—-just getting here while 400,000 other Americans didn’t—

I suppose some folks might feel almost guilty that they made it and so many more did not. I don’t think we do.  Asking, “Why me?” is, I think, a waste of time.  Why NOT me?  I don’t think the uncertainty of life has ever been more present, other than for a few minutes at a time, than it has been in these ten months when it has been part of every hour of our day.

And now I have “Pfizer shot 945 Cole Cty Health Dept 3400 Truman Blvd” written in my Day-Timer for next Thursday, February 4th.

All we have to do is just hang on for a few more days.

Today.

Tomorrow.

Wednesday.

Thursday morning, 9:45.

And then the other shot on the 25th.

That shot Thursday morning will be part of what truly will be the first day of the rest of our lives.

 

 

 

People’s Interests Being Dealt a Losing Hand

Several bills have been introduced to legalize casino wagering on sports in Missouri this year.  Most are versions of bills that have failed to gain passage for the past three years.

None of the bills has a single word protecting the state’s interests in casino gambling.  Not a single word.

What are the state’s interests?

Funding for public schools.

Funding for various veterans’ services.

The National Guard

Funding of a college scholarship program.

Funding for a program to help people who become addicted to the casinos’ products.

Funding for the cities that are hosts for casinos.

The first hearing on one of the bills took place yesterday in a Senate Committee before which I raised this issue last year. In the year since, there has been time to dig deeper into this concern. And the concerns have become deeper.

Yesterday, I talked to the Senate Appropriations Committee about, first, the much-lower tax proposed for sports wagering adjusted gross receipts and, second, about the multi-million dollar damages that tax will cause to elementary and secondary education. Other concerns will be voiced as other bills are brought up for hearings.

None of these bills should be sent out for floor debate until they have been extensively revised to protect the state’s interests.

Please understand that these comments do not oppose casinos or sports wagering. But they do oppose the Missouri General Assembly being skillfully maneuvered into passing new gaming laws that degrade the state’s interests and the interests of the people of Missouri.

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After listening to three years of committee hearings on proposed sports wagering legislation, I am left with the impression that the proposals are being presented as if the issue is unique, separate from other forms of gambling and therefore should be treated as a special category.

It would be erroneous to accept that concept.

The creation of legalized sports wagering can be likened to the addition of a new kind of cheeseburger to the menu at McDonald’s. The biggest difference is that McDonald’s is not lobbying you to lower the sales tax on the cheeseburger while leaving it the same for all of its other products.

Sports wagering is just one more activity in which casino customers can take part. One more item on the gambling menu. But the menu also contains the same products it always has had. Separating one product from the other for taxation purposes makes no sense, whether is a sports bet or a cheeseburger.

This year’s proposed legislation makes it clear that sports wagering will not be done in some other building but will be done on the property of the casino, a phrase that bears scrutiny because it does not specifically say the activity will take place within the wagering area of the casino, a clear position for the state to take. Nonetheless, the assumption seems to be that bets will be accepted within the casino, processed within the casino, and—when necessary—paid within the casino—the same as with bets in all other forms of casino gambling.

Betting on sports is no different than betting on the fall of the cards, the roll of the dice, or the circling of a little white ball.  You will hear me say it many times in these discussions: a bet is a bet is a bet. It’s done in the same facility; the money goes into the same bank account; the taxes are paid on both kinds of money—although the casinos want much less tax charged on proceeds from sports betting by calling for a much lower rate and then by re-defining AGR to make less money taxable by exempting things from the taxable amount in some of the bills.

The proposed legislation accepts that casino winnings on sports bets will be considered part of the casino adjusted gross receipts (AGR) and part of those receipts will be funneled to public education. But the industry claims some of those receipts are not equal to the others for taxation purposes. Once again, a bet is a bet is a bet. That’s the central issue.

Although I have not seen a federal or state income tax form filed by any of our casinos, I doubt that there is one line for taxable income and a second line for taxable sports wagering income on those forms. The federal tax on that income is the same regardless of the source of the income. There is no fair reason why the state tax on AGR should be different from the tax on AGR generated by other forms of gambling.

Sports wagering is NOT something apart from the rest of the casino operations in either space, processing of bets, or in accumulated casino income.

The casinos argued in an earlier hearing that the tax on adjusted gross receipts should be much less than the tax on other forms of gaming because the house advantage on sports wagering is “only five percent.”  That is true. But it’s not the whole truth.

The house advantage of sports wagering is more than the house advantage of several other games offered by the casinos. A study done for the Center for Gaming Research at the University of Nevada-Las Vegas indicates the house advantage is lower than five percent for some of the other gambling opportunities in casinos, yet the industry has never sought a lower tax rate on those games.

Because sports wagering is just another gambling opportunity within the casino, the income from which is part of the general profits of the business, there is no reason to grant sports wagering a preferred tax rate or a different definition of AGR than is used for other gambling activities—as is proposed in this year’s sports wagering bills.

Missouri has 28 years of history to support this argument.  For almost three decades the monthly financial reports of the State Gaming Commission have broken out revenues from table games from revenues from slot machines for each of our casinos. Table games contribute about 15% of the revenues; electronic gaming devices, as the category is called, contributes the other 85%.

For almost three decades, the casinos have had no problems with the revenues from those two sources combined into one AGR figure and taxed at 21%.  Now, however, the industry wants you to approve and new, and what is likely to be the second-most lucrative revenue stream, but they want the legislature to approve a far lower tax rate for it—a tax rate that will undermine support from the other two categories for elementary and secondary education.

I have been told that casinos say they cannot do sports wagering with a 21% tax on AGR.  That’s THEIR problem.  The legislature has a responsibility and that responsibility is not to solve the casino industry’s problems.  The legislature’s responsibility is to the people back home–the school teachers and children, the veterans, the college kids needing a state scholarship, the home dock citis.

If the casinos “can’t do sports wagering,” there still will be gambling on sports.  It just won’t be legal.  and the casinos won’t make any money from it.  That’s their choice.

DAMAGE TO ELEMENTARY AND SECONDARY EDUCATION

Various sports wagering legislation this year proposes tax rates on sports AGR of nine percent, 6.75 percent, 6.25 percent and 6.0 percent. (The particular bill heard yesterday proposes a nine percent rate)

The present tax on AGR from all other forms of gaming is 21 percent.  Ninety percent goes into a fund for elementary and secondary education. Ten percent goes to the home dock cities.

We can explain the problem with a fourth-grade-style arithmetic example.

Johnny’s mother wants to make some apple pies.  She gives him some money and tells him to guy ten apples. There will be enough to buy something for himself if wants it.

Johnny buys ten applies and, seeing plums also on sale, buys a plum to eat on the way home. At the checkout counter, he learns the apples cost $2.10, or 21-cents per apple.  His plum costs 6.75 cents.  The first ten items cost 21-cents each. The last one lowers the average cost of the eleven items to 19.7 cents each.

Using this example, the tax rates proposed for sports wagering could lower the average AGR tax to 19.91% (nine percent rate), 19.70% (the proposed 6.75% rate), and 19.66% (the proposed 6.25 rate, which would establish a new low rate in the nation), and 19.64% (the 6.0% rate proposed in a House bill).

In fiscal year 2018-19—the last full year before the pandemic significantly affected the casino business, the casinos reported to the Missouri Gaming Commission that $15,160,505,906 had been bet in their slot machines.  Table games produced “only” $1,255,959,366 for a total bet in our casinos of $16,416,465,272.  The slot machines had a payout rate of 90.3%.  Table games had a “hold” of 20.8%–meaning table games produced a 79.2% pay out.

The result was an AGR of $1,735,757,881, or 10.57% of the total amount bet and Missouri’s tax on the AGR amounted to 2.2% of all funds bet in slot machines or at gaming tables.

The math shows that a nine percent tax on AGR (the definition used for all other forms of gaming in Missouri) would cost elementary and secondary education about $17 million. The loss to schools would top $21.2 million at the lowest rate proposed.

I don’t know how many members of the General Assembly want to go home and tell their school superintendents they favor legislation that would pump tens of millions of dollars into casino profits while cutting state funding to education by $17-21 million with no realistic hopes of recovery. It will take a lot of PTA chili suppers to make up the difference.

All of this is based on numbers supplied to the Missouri Gaming Commission by the casino industry in Missouri.  We believe it shows the depth of loss the state will incur if the legislature passes these gaming bills without major rewriting.

The extensive homework behind these observations is below.

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All discussion of percentages and holds and payouts aside, here is what the current AGR tax rate produced in that fiscal year and how much the state would have lost if the tax rate were reduced.

21%       $364,509,155    Existing rate

9% (19.91) $345,589,394     Reduction of $18,919,761 ($17,027,785-$1,891,976)

6.75%  (19.7)  $341,944,303     Reduction of $22,564,852 ($20,308,367-$2,256,485)

6.25%  (19.66) $341,249,999     Reduction of $23,259,156 ($20,933,240-$2,325,916)

6.0%   (19.64)  $340,902,848  Reduction of $23,606,307 (21,245,676-2,360,631)

It might be argued that the increased AGR of sports wagering would have offset those losses.  How much betting would have been necessary to bring about that offset?

It would have taken an AGR increase totaling $210 million to produce $18,900,000 at 9%

It would have taken an AGR increase totaling $336 million to produce $22,680,000 at 6.75%

It would have taken an AGR increase totaling $372 million to produce $23,251,000 at 6.25%

It would have taken an AGR increase totaling $ 394 million to produce $23.640,000 at 6.0%

Actually, the AGR increase would have had to be even more substantial because the sports wagering bills re-define AGR through a series of exemptions that would have lowered the amount of money that was taxable.

If, using the 2018-2019 fiscal year as the basis, we calculate how much more would have to be bet on sports to reclaim the lost funds, and understanding that AGR represents 11% of the total amount bet (we’ve rounded up the percent), then the amount bet on sports to recover the lost funds at the four tax rates advocated in this year’s bills would be:

9%—$2,079,000,000

6.75%—$3,326,400,000

6.25%—$3,682,800,000

6.0%—$3,374,938,195

And further, there would have been another loss occurring because of the lower tax rates because the schools and home dock cities would be losing income from the AGR if it had been  taxed at the present 21%.  For example:

$210,000,000 taxed at 21% would have earned $44.1-million.

$336,000,000 taxed at 21% would have earned $70.56 million.

$372,000,000 taxed at 21% would have earned $78.12 million.

$394,000,000 taxed at 21% would have earned $82.74 million

In other words, the schools and home dock cities, while waiting to collect $22,564,853 at 6.75% would have been foregoing $70.56 million that would have reached them at the current 21% rate.

The loss to elementary and secondary education and to the home dock cities, therefore would have been (approximately) $25.2 million, $48 million, $54.8 million, and $59.1 million.

Elementary and Secondary Education (and the home dock cities) will NEVER catch up.

The goal for the casinos in adding sports wagering is to INCREASE their AGR.  This study shows how much the DECREASE in elementary and secondary education and the home dock communities might have been if the average AGR tax had been lowered, that it would have taken hundreds of millions of dollars in wagering to REPLACE the funds lost by elementary and secondary education through the lowering of the average AGR tax rate, and the income loss while waiting to replace lost income through increased wagering would have been an even larger financial setback.

Casinos don’t seem to care about elementary and secondary education, veterans, college kids, problem gamblers, or even their home dock cities.  Somebody has to raise these issues. Perhaps you might ask your legislator about whether he favors passage of legislation that will undermine financing for all of these issues we’ll be raising in subsequent hearings.

I hope legislative committees don’t send any of these bills to the floors for debate without substantially rewriting them to protect the interests of the state.

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Looking Beyond

(Looking inward has its value but only for a while.  Better worlds are made by looking outward, looking beyond ourselves, looking to what can be for others.  It is called “vision,” and Dr. Frank Crane returns to this Monday space with a reflection for us and a hope we might offer to others as he gives us—)

A PRAYER FOR VISION

O Lord, open my eyes.

Cure my blindness that I may see past the tall buildings of cities and perceive the souls thereof, past the dark material into the luminous spiritual, past the hard things visible until the fluid, eternal things invisible.

All about me are the barriers that cut off men’s view of the wide vistas. Make my eyes to  have X-ray power to pierce through, and to be like telescopes to see affair.

Let me see beyond the quick satisfaction of hate to the long joy of forgiveness.

Let me see beyond appetite to the pleasure of self-control.

Let me see beyond greed to the luxury of giving.

Let me not love the one woman less, but through her the welfare of all women.

All around and about my own children stand innumerable children everywhere; may my vision reach them, that I may strive to live for them also.

Let me see past revenge unto the strength and wisdom of forgiveness.

Let me see past binding price to sunny healthfulness of humility.

Let me see past profit to usefulness.

Past successes to self-approval;

Past passion to poise;

Pas the heat of desire to the light of renunciation;

Past the glare of power to the abiding beauty of service;

Past the rank, poisonous growth of self to the fragrance and flowers of unself.

Take my life out of the narrow pit and set up upon a high mountain.

I want to see, to see, and not forever to be a prisoner of prejudice, a bat of blind custom, a mote of ignorance, a convict in the penitentiary of fear, a frightened rat in the house of superstition.

Let me see beyond the boundaries of my country until all the world;

Past competition to cooperation, past war to world government;

Past party to patriotism,

Past patriotism to humanity.

Let me see past the night to the renewing dawn;

Past gloom to glory, past death to eternal life, past the finite to the infinite;

Past men and things and events to God.

 

Theodore Roosevelt  and fake news

Please pardon us for some introductory observations that recall our very recent past, but—

Our most current former president got pretty prickly when somebody had the temerity to suggest he was wrong (which has led to one observer in our social circle suggesting the official White House pet should have been a porcupine).

No matter how much he complained about “fake news,” there’s nothing fake about his exit from the biggest pulpit he will ever have.  He came along several decades late because—

This country once had a law against using “disloyal, profane, scurrilous, or abusive language” about our government or the flag or the armed forces or making comments that led others to hold the government in contempt during wartime. There are some today who think that’s a dandy idea, particularly as the longest war in our history appears to have seized back the headlines and complaints about “fake news” and a new war—against a virus—has ignited even more hostility toward those who tell us this war won’t just go away.

And a lot of people apparently side with the President who labels anything in the press that runs counter to his remarks or ideas to be “fake news” published by “enemies of the people.”  But the president has done a pretty good job, himself, of violating the century-old law against speaking poorly of the government. And his most recent tirade, mostly “fake facts” of the kind of which he has thrived, and its consequences are unforgiveable.

The Sedition Act of 1918 was an extension of the Espionage Act of 1917, both products of World War One.  People could go to prison for twenty years for expressing an opinion somebody found un-American.

Kansas City Star editor William Rockhill Nelson had a good friend named Teddy Roosevelt who was concerned about the nation’s readiness for war.  Nelson convinced Roosevelt he should put his ideas in print with the Star, which would then circulate the editorials throughout the country.  Roosevelt promptly called himself the newest “cub reporter” on the Star staff.  He typed his first column in the Star newsroom while he was in town for a visit in September, 1917.  His column published the next May 7 made the case for people to say bad things about a President if they thought he deserved it. His column resonates today (we have emphasized the part about free speech and the press and underlined a particularly important word):

The legislation now being enacted by Congress should deal drastically with sedition. It should also guarantee the right of the press and people to speak the truth freely of all their public servants, including the President, and to criticize them in the severest terms of truth whenever they come short in their public duty. Finally, Congress should grant the Executive the amplest powers to act as an executive and should hold him to stern accountability for failure so to act, but it should itself do the actual lawmaking and should clearly define the lines and limits of action and should retain and use the fullest powers of investigation into and supervision over such action. Sedition is a form of treason. It is an offense against the country, not against the President. At this time to oppose the draft or sending our armies to Europe, to uphold Germany, to attack our allies, to oppose raising the money necessary to carry on the war are at least forms of sedition, while to act as a German spy or to encourage German spies to use money or intrigue in the corrupt service of Germany, to tamper with our war manufactures and to encourage our soldiers to desert or to fail in their duty, and all similar actions are forms of undoubtedly illegal sedition. For some of these offenses death should be summarily inflicted. For all the punishment should be severe.

The Administration has been gravely remiss in dealing with such acts.

Free speech, exercised both individually and through a free press, is a necessity in any country where the people are themselves free. Our Government is the servant of the people, whereas in Germany it is the master of the people. This is because the American people are free and the German are not free. The President is merely the most important among a large number of public servants. He should be supported or opposed exactly to the degree which is warranted by his good conduct or bad conduct, his efficiency or inefficiency in rendering loyal, able, and disinterested service to the Nation as a whole. Therefore it is absolutely necessary that there should be full liberty to tell the truth about his acts, and this means that it is exactly necessary to blame him when he does wrong as to praise him when he does right. Any other attitude in an American citizen is both base and servile. To announce that there must be no criticism of the President, or that we are to stand by the President, right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public. Nothing but the truth should be spoken about him or any one else. But it is even more important to tell the truth, pleasant or unpleasant, about him than about any one else.

During the last year the Administration has shown itself anxious to punish the newspapers which uphold the war, but which told the truth about the Administration’s failure to conduct the war efficiently, whereas it has failed to proceed against various powerful newspapers which opposed the war or attacked our allies or directly or indirectly aided Germany against this country, as these papers upheld the Administration and defended the inefficiency. Therefore, no additional power should be given the Administration to deal with papers for criticizing the Administration. And, moreover, Congress should closely scrutinize the way the Postmaster-General and Attorney-General have already exercised discrimination between the papers they prosecuted and the papers they failed to prosecute.

Congress should give the President full power for efficient executive action. It should not abrogate its own power. It should define how he is to reorganize the Administration. It should say how large an army we are to have and not leave the decision to the amiable Secretary of War, who has for two years shown such inefficiency. It should declare for an army of five million men and inform the Secretary that it would give him more the minute he asks for more.

All of this is from a man who, as President, filed a libel suit against Joseph Pulitzer after Pulitzer’s New York World disclosed that a syndicate involving friends of Roosevelt and his favored successor, William Howard Taft, made a lot of money from the United States’ purchase of land from France for the Panama Canal.  The Indianapolis News also was sued.

When an Indiana judge threw out the suit against the News, Roosevelt called him “a crook and a jackass.”  Sounds pretty contemporary to us.

Roosevelt dictated his last column for the Kansas City newspaper on January 3, 1919. Three days later he died.

When You’ve Been President—-

What else is there?

It’s the old, “What do you get somebody who has everything?”

Our current president will be our most immediate past-president soon and his lack of interest in giving up control of (1) the office, (2) the country, and (3) the Republican Party has sent us off to find out what ex-presidents for the past century have done after departing the biggest stage in the world.

What we have found is that past-presidents didn’t exactly disappear but many did keep or have kept low profiles. Others remained politically visible although none has tried to maintain power as our current president wants to do.

CALVIN COOLIDGE (1923-1929) succeed Warren G. Harding on Harding’s death.  Coolidge is remembered as “Silent Cal” for his disdain for lengthy public pronouncements. In one of his stage presentations, Will Rogers referred to Coolidge as “a tight chewer and a close spitter.” His announcement, “I do not choose to run for President in 1928” is part of our political tradition. Rutgers University History Professor David Greenberg has written, “He was never one who loved power or fame and was ready to be ‘relieved of the pretensions and delusions of public life.’” He spent his first four years out of office writing his autobiography and in 1931 wrote a nationally syndicated newspaper column. He died January 5, 1933.

HERBERT HOOVER (1929-1933) was only 58 when he left the presidency, the fall guy for the Great Depression. He was wealthy enough that he did not need to work and  historian David Hamilton at the University of Kentucky says, “Few Republicans in the 1930s wanted Hoover involved in party politics because of his negative standing in the popular mind.”  He independently became a strong critic of Roosevelt’s New Deal and considered many of its programs “fascistic.” In 1938 he met Adolph Hitler and let him know in no uncertain terms that he strongly disliked Hitler’s shouting during their private meeting.  He did not favor American intervention in Europe until the attack on Pearl Harbor, at which point he—as did most “America First” figures—changed his mind. Roosevelt appointed him to head an international relief organization for Poland, Finland, and Belgium. He continued working under President Truman on food issues for the war-torn countries and in 1947 became the chairman of a commission to reorganize the executive branch of government. The Hoover Commission as it was called, disappointed Congressional Republicans who hoped it would dismantle FDR’s programs. Instead, the commission strengthened the Executive Branch, laying the groundwork for the modern presidency. He was critical of Truman’s decision to intervene in Korea. Hamilton says he supported a buildup of naval and air power, felt Europeans could do more to defend themselves against the Soviet Union. He supported Ohio Senator Robert Taft for President in 1948 and 1952, Eisenhower in ’56. He wasn’t fond of Richard Nixon and endorsed Barry Goldwater in 1964, shortly before his death at the age of ninety.

HARRY TRUMAN (1945-1953), plain-spoken in the White House, remained plain-spoken in private life. His library in Independence was built with private funds. He enjoyed spending time at his office there and in talking with groups that came for tours, especially school children. After losing the New Hampshire Primary in 1952, he withdrew as a candidate for a full term and pushed for Adlai Stevenson to be his party’s nominee. Stevenson lost to Dwight Eisenhower and lost again in ’56. Truman often criticized Eisenhower policies. Alonzo Hamby, an Ohio University history professor, says he got along better with John Kennedy although he once thought Kennedy was too young and too Catholic to be a successful candidate for the job. Hamby says he was more comfortable with Lyndon Johnson and his antagonistic attitude toward Richard Nixon was often made clear. He died the day after Christmas, 1972.

DWIGHT D. EISENHOWER (1953-1961), who switched his first two names early in life (he was born David Dwight Eisenhower) retired to his farm adjacent to the Gettysburg battlefield. He and Mamie wintered in Indian Wells, California. They travelled. “Ike” remained a World War II icon for thousands of American veterans. Presidents Kennedy and Johnson consulted him.  But he was not aggressively involved in politics—as Truman had been—beyond that.

LYNDON JOHNSON (1963-1969) stunned the nation with his announcement on March 31, 1968 that he would not seek another term as President.  The Vietnam War and the heavy public criticism of his policies led him to announced, “With America’s sons in the fields far away, with America’s future under challenge right here at home, with our hopes and the world’s hopes for peace in the balance every day, I do not believe that I should devote an hour or a day of my time to any personal partisan causes or to any duties other than the awesome duties of this office—the presidency of this country. Accordingly, I shall not seek, and I will not accept, the nomination of my party for another term as your president.” Johnson was not a well man when he left the presidency. He spent his remaining days writing his memoirs, overseeing the development of his presidential library, tending to his investments, and enjoying life at his beloved Texas ranch. He died on January 22, 1973. University of South Carolina historian Kent Germany recalls his death happened one day before the Paris Peace Accords ended the Vietnam War and two days before what would have been his second term had be run and been re-elected.

RICHARD NIXON (1969-1974) was deeply in debt when he resigned in disgrace and returned to California with a lot of unpaid lawyers’ bills. He survived some health problems later that year and regained his financial footing by penning his autobiography and by accepting $600,000 for a series of interviews with David Frost, a British television personality. Researcher Ken Hughes at the University of Virginia’s Miller Center recounts the international community had trouble grasping the seriousness of Watergate, leading to Nixon’s cautious re-entry on the public stage with his 1976 trip to China, where he was warmly received. He made his first public speech to a small group in Kentucky in 1978 and in 1980 moved to New York, then to New Jersey. Nixon became a trusted but non-publicized advisor to later Presidents Carter, Reagan, and George H.W. Bush as a recognized expert on foreign policy. He wrote several books. When he died in 1994, President Clinton eulogized him, “”May the day of judging President Nixon on anything less than his entire life and career come to a close.”

GERALD FORD (1974-1977) seemed to settle into a comfortable retirement in California. He was a frequent lecturer and wrote an autobiography and some other books.  He raised eyebrows as a potential Vice-President for Ronald Reagan, a bid that fizzled when word of it became public. He continued to write extensively and served on various corporate boards.  In 2001 he co-chaired the National Commission on Federal Election Reform. Ford died the day after Christmas, 2006, thirty-four years to the day after the death of Harry Truman.

JIMMY CARTER (1977-1981) is regarded by some as a much better former-president than a president. He returned to his home state of Georgia where he “emerged as a champion of human rights and worked for several charitable causes,” according to Washignton and Lee University Professor of Politics Robert Strong. He founded the Carter Presidential Center at Emory University  which is known for studying matters related to human rights and democracy. His work with Habitat for Humanity is widely known and he has served as an unofficial international ambassador mediating disputes between our State Department and “the most volatile of foreign leaders including Libya’s Muammar Qaddaffi and North Korea’s Kim Il Sung.  He also has written several books. Since 2015 he has been treated for concer of the liver and the brain and has battled other health issues—all the while continuing to teach Sunday School when he can at Atlanta’s Maranatha Baptist Church. Last October first, he became the first past-president to reach his 96th birthday (he was the first to reach 95,too).

RONALD REAGAN (1981-1989), who popularized the so-called “Eleventh Commandment” created by California GOP chairman Gaylord Parkinson, “Thou shalt not speak ill of any fellow Republican,”  a commandment pulverized by his current successor in the White House, retired to live the good life riding his horses on his California ranch, organizing his memoirs, and writing his autobiography until August, 1994 when he issued an open letter to the American people that he had been diagnosed with Alzheimer’s disease. Toward the end of his letter, he said, “I now begin the journey that will lead me into the sunset of my life. I know that for America there will always be a bright dawn ahead.”  He mostly withdrew from the public eye after that and died almost ten years later, his final years the impetus for millions of dollars in donations for Alzheimer’s research. It was a graceful exit for a former actor.

GEORGE HERBERT WALKER BUSH (1989-1993) enjoyed retirement back in Houston, Texas where he became just another private citizens—as much as a former president can become one. Professor Stephen Knott at the United States Naval War College recalls he sat on various boards, including a Houston hospital board, and was active, with wife Barbara, in their church. They also enjoyed summers at their place in Kennebunkport, Maine. He and Bill Clinton, who defeated in his re-election bid, became close friends when they jointly raised money for tsunami relief in Southeast Asia. He was not active in politics until his two sons became governors of Florida and Texas, with George W. making to the White House as the first son of a former president to hold the office since John Quincy Adams was elected in 1824. He was 94 when he died in 2018, seven months after the death Barbara, his wife of 73 years.

BILL CLINTON (1993-2001) has been one of our most visible ex-presidents as a frequent speaker, political analyst, and founder of the Clinton Presidential Foundation. University of Virginia Professor Russell Riley says the foundation’s agenda “includes combating HIV/AIDS, fostering racial and ethnic reconciliation, and promoting the economic empowerment of poor people.”  It was impossible for him to stay out of the political spotlight although he was not the center of attraction in 2016 when his wife, Hillary, polled more popular votes than Donald Trump but lost in the electoral college.

GEORGE W. BUSH (2001-2009), “Bush 43” as some call him, is comfortably retired, commenting, “I think part of having a fulfilling life is to be challenged. I’m challenged on the golf course, I’m challenged to stay fit, and I’m challenged by my paintings…I am happy.”  He left office with sixty percent of the American people think he was a below-average President and with an approval rating of 33%.  University of Louisville Professor Gary Gregg II says Bush, “no typical politician, he seemed to enjoy the relaxation and time away from power.”  He has, for the most part, stayed away from politics, becoming just another private citizen hosting barbecues at his home and going to local events. He was inspired by one of his heroes, Winston Churchill, to take up painting. He’s gotten some national attention for his portrayals of world leaders he met during his time in the White House and of his pets. Gregg says the George W. Bush Center at Southern Methodist University continues “discussions about the best policies to foster economic growth, human freedom, education, global health, and various women’s initiatives. He is active in charity work such as an annual 62-mile bike ride and a golf tournament that raises money for wounded veterans. He’s also gone to Africa to hike awareness of cervical cancer.

He has stayed aloof from politics and issued a statement after the 2020 election saying in part,     “The fact that so many of our fellow citizens participated in this election is a positive sign of the health of our democracy and a reminder to the world of its strength. No matter how you voted, your vote counted. President Trump has the right to request recounts and pursue legal challenges, and any unresolved issues will be properly adjudicated. The American people can have confidence that this election was fundamentally fair, its integrity will be upheld, and its outcome is clear.”

BARACK OBAMA (2009-2017) left office ranked in one poll as the second-most popular President since World War II (Ronald Reagan was a point higher). Rhodes College Professor Michael Nelson notes a C-SPAN survey of  91 presidential scholars, presidential historians, and political scientists ranked him as the 12th best president in American history (Reagan was 8th).  He and his popular First Lady, Michelle, have written best-selling autobiographies. Both have been highly visible as public speakers with the former president catching flack for taking $400,000 for one speech although Jeff Wallenfeldt writes for the Encyclopedia Britannica that “supporters countered that those high gees contributed to making it possible for Obama to donate some $3 million to job-training programs for low-income residents of the Chicago area.”

As his successor appeared intent on rolling back many programs of the Obama administration policies, Wallenfeldt says, Obama “for the most part honored the unwritten tradition of former presidents refraining from criticism of their successor’s actions” although he did object to some Trump policies. He became more vocal in his criticisms during the 2020 campaign and served as Joe Biden’s wingman in the closing months of the effort to unseat President Trump expressing confidence in “the character and leadership ability” of his former vice-president.

(These preceding assessments are based on writings for the University of Virginia’s Miller Center except for the Wallenfeldt assessment of the post-presidential career of Obama.)

Donald Trump exit from the office will become an addition to a trick trivia question: “How many Presidents did not die in the United States?”  The new answer, for now, will be five—Carter, Clinton, George W. Bush, Obama, and now, Trump.

All of our past presidents have given up power gracefully although several remained outspoken about the course of the nation after their return to civilian life. The nation has been able to move beyond them, allowing a new leader to rise or fall on his own. Whether the nation moves beyond Donald Trump, who believes he can continue to run the country by his own means outside of the Oval Office, is something the nation will have to prove for itself—and can prove for itself if it acknowledges service in its highest office is a gift from its citizens of temporary authority, not a grant of perpetual power.

Things seemed so normal then

Remember how normal things seemed the last time we gathered on a chilly Monday on the south front of the Capitol lawn for the inauguration of a new governor?

Eric Greitens, a young Republican populist, riding the wave of the Donald Trump-led populist surge nationally, was sworn in as governor in what he referred to in his opening remarks as “our republic’s most revered ritual: the peaceful transfer of power.”

Greitens, who saw the governorship as one step in his eventual trip to the White House, promised to “be loyal to your needs and priorities—not to those who posture or pay for influence.”

Former sheriff and former senator Mike Parson, days removed from open-heart surgery, surprised some of us by being on the platform, taking the oath as Lieutenant Governor.

Jay Ashcroft, son of a former state auditor, attorney general, governor, and U. S. Senator John Ashcroft (only Mel Carnahan matched him by holding four statewide offices in his career), was sworn in as Secretary of State.

Former Senator Eric Schmitt became the new State Treasurer that day.

And University of Missouri law professor Josh Hawley took over as Attorney General after a campaign in which he vowed he would not use the office as a stepping stone to something higher.

Nobody wore masks that day, four years and two days ago.

Eleven days later, another inauguration saw Donald Trump rise to the Presidency, a surprise to many in the Republican establishment and a frightening possibility in the eyes of many who were not his deepest believers.

How normal things seemed even then—despite the uneasiness many felt about the tenor of the campaigns that put Greitens and Trump in office on those days.

A few months after that bright but chilly January day, Greitens was gone, resigning before he could be impeached after refusing to reveal records of his campaign and ongoing finances, and being dragged through the headlines generated by a sex scandal.

His resignation triggered unprecedented chair-swapping in state government.  Mike Parson moved up to governor and appointed term-limited Senate leader Mike Kehoe as the new Lieutenant Governor, an appointment later ruled legal by the Missouri Supreme Court.

Josh Hawley, forgetting his promise not to use his office as a stepping stone, rode the continuing Trump wave to victory over Claire McCaskill two years later, leading Governor Parson to appoint State Treasurer  Schmitt to replace Hawley in the Attorney General’s Office. The House budget chairman, Scott Fitzpatrick, was appointed to become the new Treasurer.

Only Jay Ashcroft remains where voters put him four years and two days ago.

Today is far different from that day four years ago.

Our capitol has emerged from months in a giant plastic cocoon in which workers cleaned and replaced stone put in place more than a century ago, ended serious water leakage problems, and even restored Ceres, the patron goddess of agriculture, to the top of the dome so she once again welcomes those attending today’s ceremonies.

Mike Parson is being sworn in for a term of his own as governor, bearing the scars of dealing with a pandemic, a state economic collapse it caused, and the pain of the budget cuts he had to make–all in an election year.

Eric Greitens’ wife left him; he reportedly is hoping he can rehabilitate himself to seek public office again, although his thoughts of a presidency might be much dimmer than they were when inauguration day was HIS day full of hope.

Josh Hawley, with his own dreams of White House glory, is under intense criticism from former supporters in the public and present colleagues in Washington for his attempt to capitalize on Donald Trump’s conspiracy theories that have led to one of the most alarming political incidents in our lifetimes.

Donald Trump is isolated and increasingly alone, living the bitter final days in power he fears giving up, the idea of a peaceful transfer of power completely foreign to him.

And today we wear masks, our nation still under siege from a terrible virus that has forced us to withdraw from friends and family.

Oddly enough, a sentence from the inaugural address of Eric Greitens on January 9, 2017 comes to mind.

“This state in the heart of America has proven that the worst in our history can be overcome by the best in our people.”

Let us hope and fervently pray that on that, at least, he will be correct.

 

Stop the Steal—Missouri, 1941

The sordid contemporary events that will forever be a lamentable chapter of American history strongly remind us of a similar lamentable chapter in our own state’s history.

This year is the 80th anniversary of the attempt by majority Democrats to steal the governorship from Republican Forrest Donnell, who had won the governorship by the narrowest margin in state history.  Here is how it went down:

Forrest Donnell, a Sunday-school teacher and lawyer from St. Louis officially defeated one of the pupils in his church class, Lawrence McDaniel, by 3,613 votes. McDaniel was backed by St. Louis Mayor Bernard Dickmann’s political machine that Donnell attacked as a potential successor of the infamous Pendergast Machine of Kansas City, badly weakened because “Boss Tom” had been sent to federal prison for violating tax laws.

Shortly after the election, State Democratic Committee Chairman C. Marion Hulen of Moberly announced the committee would investigate reports of “election irregularities.”  Committeeman Frank H. Lee of Joplin announced he had evidence that McDaniel had actually won by 7,500 votes.

In those days, the Speaker of the House, not the Secretary of State, made the official announcement of winning candidates. The legislature convened on January 8, 1941 but Speaker Morris Osborn made no pronouncements. At a joint session on the tenth, Osborn certified the Democratic candidates for statewide office as winners but refused to certify Donnell.

Traditional inaugural ceremonies on January 13th were cancelled.  Lt. Governor Frank Harris took his oath for a third term in the Missouri Senate, where the Lt. Governor is the chamber President.  The other statewide office holders took their oaths at the Supreme Court.  Donnell refused to be sworn by a Justice of the Peace and, instead, asked the court to order Osborn to declare him the winner. A second lawsuit asked the court to forbid a legislative committee from starting a recount.

Two days later, an angry Stark to a joint legislative session,

Your every thought and every effort should be to prove to the people of this great commonwealth that their faith in democracy is not misplaced, that democracy does and will work in Missouri. Nothing should be done at any time to shake the faith of our people in their democratic form of government. In these perilous times, it is doubly necessary that every public official in the state and in the nation should lean backward in an effort to serve the people strictly according to the constitution and the laws of the land without partisan bias and with only the welfare and the safety of our democratic form of government in mind.

Democrats started a recount anyway.  February was half-gone when the Supreme Court ordered Osborn, under the Constitution, to declare Donnell elected, allowing McDaniel to file a notice contesting the election, triggering a legal recount.  The Joplin Globe editorialized, “Larry McDaniel has at once forfeited the moral support of thousands of Democrats who from the first have been nauseated from the stench from the original office-stealing effort.”

Donnell (left) finally was sworn in on February 26, much to the delight of Lloyd Stark who said he was tired of “living out of a suitcase” while his fellow Democrats tried to overturn the election.

McDaniel’s 226-page contest petition was filed March 4, citing fraud, erroneous tabulations, irregularities, and vote-buying in 56 counties. He claimed that a complete would show that 24,263 votes cast for him were “wrongfully rejected” by election officials and that he was the real winner—by 30,000 votes.  Donnell’s 50,000-word response filed about three weeks later threw McDaniel’s claims back at him claiming problems in 91 counties such as irregular registrations, voting by minors, non-residents, and wards of the government. He claimed he should have an additional 9,000 votes.

The recount started in mid-April and by May had turned into a disaster for McDaniel.  Checked returns from St. Louis City and 81 counties had inflated Donnell’s victory margin by four-thousand votes.  A new joint legislative session was called after McDaniel had arranged for hastily-drawn letters withdrawing his contest. He said he had become convinced that reports by his party leaders and others that there had been massive fraud were “greatly exaggerated” and that he was convinced “beyond question of doubt” that Donnell had been elected. Because the recount was never completed, Donnell’s victory margin remains in our history books and in the official record as 3,613 votes, the second-closest race for governor in state history (Frederick Gardner defeated Henry Lamm by 2,263 votes in 1917).

Forrest Donnell was elected to the U. S. Senate, succeeding Democrat Harry Truman.  He served until 1951 and returned to St. Louis and his law practice. He was the last Republican Governor until Christopher Bond took office in 1973.  Donnell, then 88 years old, attended Bond’s inauguration and took part in the celebration late into the night.  He died in 1980 at the age of 95.

Democrats paid a price for their 1941 shenanigans.  Republicans took control of the House in the 1942 elections by a large margin.

One of the other casualties was St. Louis Mayor Bernard Dickmann who was heavily criticized by winner William Becker for trying to use the election contest of 1941 to establish St. Louis machine control of state government.

A new constitution drafted during Donnell’s term in office took away the power of the Speaker of the House to declare election winners and placed it in the hands of the Secretary of State, the top Missouri elections official, where it resides to this day.

(Photo credit):  Bob Priddy Collection