Category Archives: people

“Our” disasters

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There’s something about a disaster that becomes personal even to those who are not damaged by it.   Many people take a personal ownership of it, even take a peculiar personal pride in it even if their property stays dry and intact.

We’re seeing some of that in Jefferson City in the wake of our tornado a few days before the Memorial Day Weekend and the accompanying flooding.  This is “our” disaster and we see and will see other disasters through our lens.

It’s not unusual.  Those of us who remember the 1993 flooding measure floods in other parts of the country against that one and in some odd way find satisfaction in thinking, “Theirs isn’t as bad as ours was.”   The Joplin tornado has become our measuring stick when we see reports of tornado disasters in other parts of the country.  Theirs isn’t as bad as ours was.

Until the disaster takes off OUR porch, blows down OUR house, destroys OUR business.

OUR tornado took nobody’s life.  It damaged about 200 buildings in Jefferson City, some of which will have to be removed because they cannot be repaired, but compared to Joplin it was a little thing.

Except it’s OUR thing.   And now we will consider ourselves kin to Joplin and we will see reports of tornadoes in other places through OUR lens, not in terms of extent of damage but in terms of fellowship.  We have now joined the fellowship of them.

We don’t know if the folks in Joplin, on hearing of the tornado that hit Eldon then Jefferson City, have thought inwardly, “Huh! We had it a lot worse than they did.”   But it is likely natural that some of them would have evaluated our situation against the extent of their disaster.

We’re still waiting to see if our rainy spring continues, as it did in 1993, and pushes later flood crests that establish new references that end observations such as, “Yeah, it looks pretty bad.  But back in ’93…,” the same way that the 1993 flood ended observations from the real old-timers that, “I remember back in 1951…”

In Eldon and in Jefferson City right now, though, the focus is on recovery. The comparisons with later disasters will come after the debris is cleared away, the buildings that can be saved are saved, and the buildings that cannot be rescued are bulldozed down and the lots where they stood grow new grass.

I haven’t consulted with Nancy yet, but if we win the big lottery jackpot(s) I think I’d like to offer one-million dollars to the Historic City of Jefferson, which has worked for years to revitalize East Capitol Avenue where some of the historic structures might become those grass-filled lots, to be used to supplement insurance payments to rebuild those damaged homes—even those now seemingly destined for destruction.  Gutting the destroyed interior and building a modern inside structure while salvaging the historic exterior would be a goal worth some of those lottery winnings.

But I’m not going to win the lottery.  Somebody else somewhere else always buys a winning ticket just before or just after I buy mine (I tell myself that).  I think I will send a much, much, much smaller amount, though.  And maybe others capable of greater philanthropic capacity will want to participate more grandly in saving what some think cannot be saved.

After all, it is OUR disaster. And part of comparing OUR disaster to those elsewhere in the future should include what we do now to save the things we are told can’t be saved.

History tells us an Act of God can be countered by godly acts that rescue people and the past from the worst that has happened.

I bought another lottery ticket a few days ago.  And I also wrote a check.

Into the World

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It’s graduation season, the time when hundreds of thousands of young people will be leaving the family nest bound for college, the military, or independent grownup life.

They’re empty or near-empty vessels who will be filled with life experiences that might make them entirely different people in thirty years than they are now.  When they return for class reunions they will find with the passing years that are less a class and more a diverse community.

Kelly Pool, the former Centralia newspaper publisher who was the Secretary for the Capitol Commission Board that oversaw construction of the capitol lived to be ninety years old. Eventually he was editor emeritus of the Jefferson City Post-Tribune and wrote an entire newspaper page of reflections and inspirational thoughts each week for many years. In late 1943, he looked at the way people respond to the “youth will be served” slogan and found many people didn’t agree with it—although thousands of “youngsters” were fighting World War II.  But Pool argued the old saying is true and “more and more the world is coming to recognize the power and grandeur of youth.”

The world is young—always will be,” he wrote. “Youth will has always been in the vanguard,” he said as he put together a list to prove his point:

Alexander conquered the world at 26.

Napoleon made all Europe tremble at 25.

Cortez conquered Mexico at 26.

Alexander Hamilton led Congress at 36.

Clay and Calhoun led Congress at 29.

Henry Clay became speaker at 34.

Calhoun was secretary of war at 35.

Daniel Webster was without peer at 30.

Judge Story was on the supreme court at 32.

Goethe was a literary giant at 24.

Schiller was in the forefront of literature at 22.

Burns wrote his best poetry at 24.

Byron’s first work appeared at 19.

Dickens brought out “Pickwick Papers” at 24.

Schubert and Mozart died at less than 35.

Raphael ravished the world at 20.

Michelangelo made stone to live at 24.

Galileo’s great discovery was at 19.

Newton was at his zenith when only 25.

Edison harnessed lightning when only 23.

Martin Luther shook the Vatican at 20.

Calvin wrote his “Institute” at 21.

(“Judge Story” was a reference to Justice Joseph Story, 1779-1845, who is best known as the Justice who read the decision in the Amistad case. John Calvin as a post-Luther Reformation thinker and pastor whose writings led to the formation of Presbyterianism.)

All of which, wrote Pool, is that “our boys and girls should not let the precious hours of their youth be wasted. Begin early to make your mark in the world, and drive hard to become one of the youths who ‘will be served.”

J. Kelly Pool continued to write his “Kellygrams” pages each week for the newspaper until shortly before his death at the age of 90 in 1951.

Why wait to become a victim?

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

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

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

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

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

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

And that gets us to—-

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

Go after THEM. First.

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

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

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

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

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

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

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

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

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

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

Remember who you are.

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How long?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

?

 

 

 

 

Josh and Bill

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Some capitol graybeards are watching the developing investigation of suspicions that Attorney General Josh Hawley used public money to further his successful campaign to oust Senator Claire McCaskill. We’re watching because we remember when another young, charismatic Missouri Attorney General who seemed to be a Republican shooting star crashed and burned.

Can it happen again? Let’s just wait and see.

The fact that it’s another Republican statewide office holder who has triggered this investigation adds some heft to the issue. And Secretary of State Jay Ashcroft’s successful involvement of State Auditor Nicole Galloway, a Democrat, in the investigation because she has subpoena powers adds more.

Hawley proclaims innocence—just as Bill Webster did throughout the long federal investigation against him while he was successfully winning the Republican nomination for governor in 1992, beating State Treasurer Wendell Bailey and Secretary of State Roy Blunt in the primary.

Circumstances will show whether Hawley’s “innocence” is genuine or whether it’s as flimsy in the end as Webster’s often-claimed “innocence” was all those years ago.

Public officials under investigation are right to maintain their innocence for two reasons. First, our justice system operates on the proposition that all of us are innocent until proven guilty.  Second, it’s important that those who supported the office holder with their money and their votes continue to believe that person is above the suspicion swirling around him or her. While confession might be good for the soul, it’s disastrous for the career.  People have survived close scrutiny, even charges and trials, and gone on to useful political careers.

But here’s something about investigations of public officials.  Once one gets started, there’s no   telling where it’s going to go.

We told friends about  a year ago that the suggestions of sexual impropriety against Eric Greitens were a she-said-he-said matter.  But, we suggested, if a prosecutor stepped in, things were suddenly much more serious.  And if a grand jury was convened, all of the cards would be wild and who knows where the story would go. The Greitens story escalated pretty rapidly and Greitens left office to keep things from becoming even more serious, particularly on issues not connected with the first suspicions, and before light was shined on his dark money supporters.

So it was with Bill Webster, son of a powerful state senator; some said he was more powerful than some governors although he was a Republican, which then was the minority party.  Some analysts thought that Dick Webster, who lost a shot at the being attorney general in 1952 and a chance to run for governor four years later, groomed Bill to reach political levels the father never could.  He provided a good part of the money for Bill’s campaigns for state representative in 1980 and ’82. And in 1984 the elder Webster called in a lot of political IOU’s from various special interests for Bill’s attorney general campaign account. Bill was elected to a second term in 1988.  He had his eyes on the governorship in 1992 as a successor to John Ashcroft (Jay’s father).

But Dick Webster did not survive heart surgery in March of 1990.  State Senator Gary Nodler, who took the elder Webster’s seat in the Missouri Senate, told the St. Louis Post-Dispatch many years later that the death of the father made the son “more driven to succeed.”

The early news stories by investigative reporter Terry Ganey in the Post-Dispatch centered on the Second Injury Fund which compensated employees whose job-related injuries make an earlier health situation worse.  The early suggestions were that a second-injury fund lawyer in the attorney general’s office also was collecting campaign money for Webster’s run for the governor nomination and that private lawyers hired by Webster were getting bigger judgments for their clients than non-Webster friends.  Webster survived the primary election but his reputation took a hit when his former deputy attorney general and a resort developer who had bought some Webster property pleaded guilty to federal corruption charges. Voters took notice and made Webster a big loser in the race with Mel Carnahan in November.

The investigation shifted to Webster’s use of Attorney General employees and equipment for campaign purposes. A corruption charge was dropped against him in return for a guilty plea on two charges using state resources for political campaign purposes. Almost until the unavoidable end, Webster claimed his innocence.  In fact the federal judge in his case, who ran a multiple-day sentencing hearing, gave Webster an hour at the end to consider whether he wanted to withdraw his guilty plea or whether he wanted to accept his sentence.

He went to prison for 21 months, getting out three months early for good conduct.  When he got out, he went to work for Bartlett and Company, a Kansas City agribusiness firm.  As far as we know, he’s still a Vice-President.  Life didn’t take him where once he wanted to go, but he’s done well.

Today, one of his political descendants is being investigated for using public funds while attorney general to support his senatorial campaign.

Josh Hawley, young, charismatic, is seen by some as a shooting star in the Republican Party.  He’s entitled to proclaim his innocence. It’s unfair to assume that he is another Bill Webster despite circumstances reminiscent of twenty-five years ago.  He has his protectors who say the investigation is baseless and shouldn’t go forward, just as Webster had his protectors.  He has his critics who say smoke equals fire, as Webster did.

Time will answer enough questions, one way or another, as it did in 1992 and ‘93. We can wait.

Disasters

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Almost eight years ago (has it really been eight years?) after the Joplin tornado we were curious about how it stacked up compared to other disastrous events in Missouri and we put together a list on the old Missourinet Blog that we knew was incomplete.  We’ve found some other tragic events to add to that list and have decided it’s time for an update. In fact, the number of deaths from the Joplin tornado was a premature total so we’ve updated that. Some accounts vary in the number of deaths for some of these incidents and some are only estimated numbers.

It is difficult to pin down the exact number of deaths caused by heat waves throughout Missouri. The National Weather Service has extensive records of the heat but we haven’t been able to find comprehensive numbers of deaths for  Missouri during heat waves. We’ve been able to find numbers for St. Louis in three of them but it’s quite likely the statewide totals were much higher. We’ve listed the fatalities in St. Louis to make note of the tragedies and will update the figures if we find better numbers.

Few deaths were recorded in the 1811-1812 New Madrid earthquakes.  The areas hit hardest were thinly-populated in those days and while records were kept of the violence of the shocks it appears no effort was made to compile a comprehensive death total.

Just for the record or a record of some kind, here’s the list of disasters that have taken twenty or more lives in Missouri.

  • 4,317—St. Louis cholera epidemic, Summer, 1849 (Some accounts put the number closer to 6,000.)
  • 4,000 plus—Kansas City and St. Louis Spanish Influenza 1918-1919
  • 479—St. Louis only, Heat wave of 1936.
  • 255–St. Louis tornado May 27, 1896
  • 209-300 (est.) Steamboat Stonewall fire, Neely’s Landing, Cape Girardeau County, October 27, 1869 (accounts vary)
  • 158–Joplin tornado May 22, 2011 (plus three “indirect” deaths)
  • 118—St. Louis tornado  May 27, 1896 (118 more in East St. Louis)
  • 114–Hyatt Regency Hotel Skywalks collapse, Kansas City July 17, 1981
  • 100-plus–Steamship Saluda explosion, Lexington, Apr. 9, 1852
  • 87–Poplar Bluff tornado May 9, 1927
  • 72–St. Louis tornado Sept. 29, 1927
  • 72–Katie Jane Memorial Home for the Aged, Warrenton, February 17, 1957
  • 70 (est.) Steamboat Shepherdess sinking, St. Louis, January 3,1844
  • 65–Marshfield tornado Apr. 18, 1880
  • 55–Six County tornado (southeast Missouri) May 30, 1917
  • 42–Tipton Ford train collision, (near Neosho) Aug. 5, 1914
  • 39—West Plains Dance Hall Explosion, April 13, 1928 (various accounts put the total at 33 or 37. But 39 seems to be the most commonly cited)
  • 38–Ozark Airlines FH-227 crash, St. Louis July 23, 1973
  • 37–Kansas City (Ruskin Heights) tornado May 10, 1957
  • 34–Kirksville tornado Apr. 27, 1889
  • 34—St. Louis only, Heat wave, 2007
  • 30 (est.)—Steamboat LaMascot explosion, Neely’s Landing, October 5, 1886
  • 30—St. Louis Athletic Club fire, March 9, 1914
  • 31–Gasconade River railroad bridge collapse Nov. 1, 1855
  • 28–Kansas City (Lathrop School) May 11, 1886
  • 26–Fire at Wayside Inn Nursing Home, Farmington, 1979
  • 24—Rich Hill Coal Mine Explosion, March 29, 1888
  • 24—St. Louis only, heat wave, 1980
  • 23–Cape Girardeau tornado May 21, 1949
  • 21–St. Louis tornado  Feb. 10, 1959
  • 21–Coates House Hotel fire, Kansas City, January 28, 1978

There have been other plane crashes, train wrecks, fires and tornadoes that have taken lives. We put the cutoff point at more than 20 deaths.

Convening the session

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Wrong again.

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

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

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

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

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

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

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

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

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

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Grasping to retain power, regardless

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

Appointment King

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Governor Parson is making a new place in Missouri history for himself with each appointment of someone to an otherwise elective office at the top level of state government.   By the time he appoints a new state treasurer, he will have appointed three of the remaining top five state government officials and four of the top six jobs will be filled with people who were  not chosen by a public vote to fill those offices: governor, lieutenant governor, attorney general, treasurer.

But this is not the first time most top state offices have been filled by people not elected to those positions. But the only other time involved war/

As Missouri was being sucked into the Civil War, pro-South Governor Claiborne F. Jackson called a convention of 99 men to decide if Missouri should join the confederacy.  He was shocked to find that not a single secessionist was elected.  When he fled the capitol in the face of advancing Union troops in June, 1861, twenty members of the convention went with him.

The executive committee of the Convention of 99 met in Jefferson City in late July and called for remaining members of the convention to reassemble.  On July 30 the remaining convention members declared all existing state offices vacant.  It then installed former Missouri Supreme Court Judge Hamilton Gamble as the provisional governor and appointed other Union loyalists to other state offices.  All seats in the legislature were declared vacant and the convention members became the acting government.  The constitutional propriety of all of these actions has been a matter of speculation from that time to this but as historian Duane Meyer, the author of the standard Missouri history book used for decades has noted, when the U. S. Army is present to make sure the actions of the governing group are carried out, the niceties of the law or the constitution are secondary. Meyer wrote that the state convention

obviously …had no authority to take such actions (as vacating offices), since Governor Jackson was the popularly-elected chief of state. However, in the time of war, legality is frequently supplanted by expediency, and in so acting, these Missouri politicians established an illegal provisional government to fill the breach left by the secessionist exiles…In retrospect, we must admit that the actions of the state convention were unprecedented, brash, and illegal. However, since federal troops in Missouri upheld the actions of the convention, no one could argue.

Former Congressman Willard P. Hall of St. Joseph was appointed Lt. Governor and succeeded Gamble when he died at the end of 1864.  The office, incidentally, remained vacant until Lt. Governor George Smith was elected in the election of 1865.  Former Congressman Mordecai Oliver of Richmond became Secretary of State until ‘65’s elections.  When Treasurer Alfred W. Morrison refused to take a loyalty oath after being caught by federal troops while he was fleeing with thousands of state dollars in his pockets, he was replaced by artist George Caleb Bingham.  When Attorney General J. Proctor Knott refused to take the loyalty oath he was replaced by Aikman Welch of Johnson County.

William S. Moseley of New Madrid County took the loyalty oath and remained as state auditor.

So during the Civil War when the remains of the Convention of 99 replaced the legislature, FIVE  of  our six state officers were not elected by the people to their positions.

We’re waiting for the Missouri Supreme Court to rule on whether Mike Kehoe can continue to occupy the Lt. Governor’s office and Eric Schmitt won’t be the new Attorney General until January.  But it appears Governor Parson will be remembered as the governor who appointed three top state leaders and this will be a time when four state leaders are serving in offices they were not elected to fill.

The nice thing about the current situation is that it hasn’t taken a war to create it.

Political fashion statement

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Overalls.

There was a time in our younger years when it was easy to identify the farmer boys at school.  They were the ones wearing the bib overalls.  The rest of us wore Levis or Lee Riders or just denim jeans from Monkey Ward or Sears. The rich kids wore slacks, eventually the kind with buckles in the back.

For a while not long ago, bib overalls became fashionable, especially for girls.  They came in bright colors—which made them fashionable.  Some even had short legs. Can’t recall any of the green or pink overalls with the “Big Smith” label.  Big Smiths had loops to hold hammers and were built for working comfort not for style.  And, like all REAL bib overalls, they were blue.

Almost a hundred years ago, however, overalls were political statements.  There were overalls clubs formed.  The craze started in the southern and southwestern states.  In April, 1920, W. H. Pahlen, an automobile accessory salesman walked into the St. Louis City Hall and announced he was a representative of the American Overall Club.

Pahlen met with F. W. Kuehl, the head of the Municipal Employees Union, and got permission to circulate lists for city employees to sign up as club members. Workers in Kuehl’s office, the Water Rates Office, quickly signed up, promising to wear overalls “whenever possible” until the prices of clothing had been lowered to a fair level.

That’s what the movement was all about.  Clothing costs had taken off (to coin a phrase) in the post-war years and a lot of folks thought the situation was out of hand.

Mayor Henry Kiel refused to pledge to wear overalls but he didn’t object to employees showing up at city hall in denim.  “I have lots of old clothes at home which I can wear in the time to come if I find the prices of new clothing too high…I have no objection to overalls; in fact, I have worn them myself long enough and I might wear them again but I have no interest in the overall club.”

City Sewer Commissioner William Clancy said his workers already had organized an overall club.  In fact, his statement sounded like a mandate. “Until the cost of men’s clothing is reduced to a price commensurate with the ability of the employees of the sewer division to pay for same, all employees in the future will wear overalls.”

Real estate salesmen peddling lots in a new subdivision pledged to greet possible purchasers while wearing overalls until clothing prices came down.  Other real estate salesmen were considered likely to follow suit (to coin another phrase appropriate to the discussion).

Ninety men at the Wagner Electric Company had formed a club, pledging to wear a standard khaki uniform each work day.

The members of the Central YMCA announced they planned to attend church services that day dressed in blue denim.

The Financial Corporation and Development Company chartered, under the common law, an Overall Club to solicit membership from “white-collared” citizens.  Company Secretary E. Kreyling told a reporter, “Lawyers, office men, business men, are all getting in line with the army of blue denim-clad fighters against the profiteers. The association will equip its members with the uniform of the overall brigade and muster them in as high privates in the antiprofiteering army.  There are no generals or colonels or other officers; all are privates.

Three-hundred students and three professors at Washington University signed the agreement to organize the Overall and Old Clothes Club at the school, promising to wear overalls or old military uniforms “or any other cast-off apparel” until “the objective of the national overall movement is attained.”  A dance was scheduled at the school gymnasium with entrance restricted to those wearing old clothes.

About forty Wash-U coeds pledged to refuse to speak to any “gentleman friend” and refusing to be escorted to any event by any guy not dressed in overalls, old military uniforms, or old clothes.

In Washington, D. C., Congressman William D. Upshaw of Georgia caused something of a sensation when he showed up in the House of Representatives wearing overalls.  Nothing unusual about it, he claimed.  It was just a move “to strike at the high cost of clothing.”

But the movement had detractors.  President Robert K. Rambo of the Southern Wholesale Dry Goods Association, not surprisingly, thought the whole thing was foolish because, “It will run the price of overalls up to a figure that cannot be paid by those who of necessity must wear them.”  He thought it made as much sense for overall club members to refuse to buy cars until prices dropped 25 percent. “So long as people are willing to pay any price for the things they want and are not willing to practice self-denial, all talk about cutting down the high cost of living is gabble,” he said.

Owners of cotton mills in New England charged southern cotton-growers had started the whole thing in an effort to drive up the prices of cotton.

Our governor, Frederick Gardner, refused to join the overall club when it was formed in Jefferson City.  He preferred to be a member of the W. Y. O. C., the “Wear Your Old Clothes” Club.  One newspaper observed that it was hard to believe the governor’s claim that his newest suit had been made in 1914, six years earlier.

The Jefferson City Democrat-Tribune was an even harsher critic. It noted a week after the formation of the city’s club that it had not seen any of the signers of the pledge going around “in their best blue denim bib and tucker.”  Instead of driving up the price of denim clothes, said an editorial, “Wear out you old clothes.  Send them to the cleaner. Let’s wear patched clothes as we did in our youth, and we will do more to reduce the price of clothes than all the overall clubs in the world. Cut out useless spending and extravagance and the price of living in every community will be reduced.”

And a few days later, it called the overall movement the latest example of American “pinheadedness” and observing, “Why any sane-headed citizen, whose occupation does not require the wearing of apparel of this kind, should wear overalls to bring down the high cost of living is about as clear as a mud puddle.”

The movement played out in a few months—midsummer, probably.  Its legacy might have been expressed by American Medicine magazine in April, as the movement was gaining momentum. “It is the first indication of protest to come from a class which has been a silent and patient sufferer during all the clashes that have taken place between capital and labor in recent years,” said an op-ed article.

Capital and labor remain part of our national dialogue today. We wonder what new clothing statement will emerge.