Category Archives: people

Succession

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What happens when the office of Missouri Governor becomes vacant?   That’s an important question but a more complicated one is what happens when a vacancy in the office of governor leads to the vacancy in another office? We’ve been asked about this in recent days. And, as we emphasized last week, we do not want to anticipate what might happen in this difficult time for so many people, but people have asked. So we will explore that a little bit.

Before we plunge into today’s topic, we want to offer a clarification to our last column about impeachment. The Missouri Supreme Court does indeed handle impeachment trials of state officials EXCEPT in the cases of Supreme Court members and Governors. In those instances, the trial is conducted by “seven eminent jurists” elected by the Missouri Senate. We thank our longtime friend King Marc of Arcania, from whom we have not heard for too long. Arcania is a small kingdom within the Missouri Capitol. Now, on with today’s exploration.

Some recall that we offered some thoughts several years ago in the wake of the death of Governor Carnahan and the ascension of Lieutenant Governor Roger Wilson to the governorship.  That’s provided for in the Missouri Constitution.  After that——

Well, it appears to his non-lawyer that all of the cards are wild.

Blame Bill Phelps.

Back in 1972, State Representative William C. Phelps of Kansas City was elected Lieutenant Governor under the campaign promise that he would make the office a “full-time” job.  Full-Time Phelps, he was called.   Until then, the light governor’s main job was to preside over the Senate—a job the Missouri Supreme Court later limited—and to step in when the governor died or was incapacitated.

Well, Phelps created some new responsibilities for that office and the legislature over time assigned more duties to actually make it a full-time post.  So now we have an office that has obligations.  And if the person in that office has to move up to the big room on the second floor, what happens to those obligations?

Simply put:  They remain the obligations of an office that has no one to fulfill them.

The gubernatorial succession part of our Missouri Constitution says the President Pro-Tem of the Senate becomes the Governor if the Governor and the Lieutenant Governor die or are incapacitated.  It does NOT say the Pro-Tem moves up to Lieutenant Governor if that office becomes vacant.  Nor does it say the Pro-Tem assumes the responsibilities of that office.  It might be illegal anyway because that would mean that person would have one foot in the Executive Branch and the other foot in the Legislative Branch.  The Pro-Tem could not resign from the Senate and move into the Lieutenant Governor’s office because there is nothing in the Constitution that allows that. Besides, if that person resigned to take the office, he or she couldn’t take the office because their resignation would take them out of the line of succession.

The Missouri Constitution is silent on how the obligations added to the office since the Constitution was written more than sixty years ago are met when the office becomes vacant.

The office did go vacant for a short time in 2000 until Governor Roger Wilson appointed Lieutenant Governor-elect Joe Maxwell after the November election to hold the job until his regular term began in January, 2001.   The question was raised then, however, whether that appointment was legal.  The Missouri Constitution appears not to give the Governor the power to appoint someone who could become his successor should the Governor resign or become incapacitated. Maxwell has always maintained that legal experts consulted at the time felt the appointment was legal.

The legislature tried to solve that problem in 2013 but Governor Nixon vetoed it.

The bill would have left the office vacant until the next election.  It said that a staff member of the departing Lieutenant Governor would be picked to handle the ministerial duties of the office.  The Senate President pro tem would handle the Lieutenant Governor’s duties in briefly presiding over the Senate.  Nixon called that situation “confusing and untenable.”  He did not want the constitutional duties of the office turned over to a “vaguely defined staff member.”  He also noted the bill called for a general election for the office but did not mention a primary election.  That was important, he argued, because it meant the political parties would select the contenders for the office, not the people.

Nixon did not like the bill’s lack of definition of “ministerial duties” nor its failure to formally create a process to appoint the person to do those jobs.  His veto message questioned the propriety of having an unelected staff member replacing a statewide elected official, particularly if that position became vacant because of impeachment or criminal activity involving the office.

Those who follow Missouri politics will recall that the issue arose when Lieutenant Governor Peter Kinder was thinking about trying to replace Congresswoman Jo Ann Emerson, who had resigned to take a lobbyist job.  When Kinder did not win his party’s nomination, the issue faded away. At the time, Nixon—a Democrat—maintained he could appoint a new Lieutenant Governor.  The Republican-led legislature disagreed.

The issue now has arisen three times in less than twenty years.

There have been several times in Missouri’s history when the office stayed vacant until a new Lieutenant Governor could be elected. Eight times in the first seventy years of statehood the office remained vacant. The longest time was about forty-one months. That was the first time. Lieutenant Governor Benjamin Reeves resigned to join the party surveying the still-new Santa Fe Trail. When Governor Frederick Bates died in the summer of 1825, Senate President Pro Tem Abraham Williams, a one-legged shoemaker from Columbia, became the Governor. He was confronted by the question of whether the state could afford an election to pick a new governor or whether he should remain. He chose to have an election in which John Miller was elected to finish the Bates term and then was elected to a full term of his own. He remained the longest-serving Missouri Governor (in terms of consecutive years) until Warren Hearnes became the first governor elected to a second consecutive four-year term in 1969. Williams then returned to his Pro Tem role in the Senate.

There was no Lieutenant Governor after Lilburn Boggs succeeded Daniel Dunklin, who resigned to become United States Surveyor General for Illinois, Missouri, and Arkansas (he was responsible for the Missouri-Arkansas state line). M. M. Marmaduke succeeded Thomas Reynolds, who committed suicide in 1844 and the number two office remained vacant. Lieutenant Governor Wilson Brown died in office in August of 1855 and the office remained vacant until January, 1857. The office was vacant for eight months when Hancock Lee Jackson succeeded Trusten Polk after Polk was elected by the legislature to the U. S. Senate early in 1857. There was no Lieutenant Governor when Willard Hall replaced Hamilton Gamble, who died in office in 1864. The office was vacant for about eight months after Lieutenant Governor Joseph Gravely died in office in April, 1872. When Governor John Marmaduke died in office at the end of 1887, Albert Morehouse moved up to Governor and the office was not filled again until January, 1889.

Something interesting happened, however, in 1903 when Lieutenant Governor John Lee quit after admitting he had carried bribe money from the Royal Baking Power Trust to four Senators, buying their votes on a bill establishing the ingredients for baking Powder that shut down Missouri manufacturers and favored the Royal powder. Remember that one of the jobs of the Lieutenant Governor was to serve as President of the Senate. One contemporary newspaper account we have seen notes that Lee’s departure left the Senate without a presiding officer. Senators elected Pro Tem Thomas Rubey as the temporary presiding officer of the senate, i.e., the Senate President. With that designation, says the account, Rubey thus “fell heir” to the Lieutenant Governorship. Rubey is the only Pro Tem listed as a Lieutenant Governor.

The office was vacant for a few days when Frank Gaines died on December 30, 1944, a few days short of completing his third term in the office (which many years later made Peter Kinder the only person in Missouri history to COMPLETE three terms in the office. Walter Davis, who was elected to succeed Gaines, took office on January 8, 1945.

When Edward V. Long resigned to replace Senator Thomas Hennings, who died in the fall of 1960, Governor Blair did not appoint anyone to finish the term. Hillary Bush was elected a few weeks later and was sworn in in 1961.

Thomas Eagleton resigned just before Christmas, 1968 after having been elected to replace the retiring Stuart Symington. Symington resigned his Senate seat early so Eagleton could be sworn in a few days early, giving him some seniority over those who were not sworn in as senators until January. Governor Hearnes appointed William S. Morris to fill the rest of the Eagleton term until Morris could be sworn in for his own term as Lieutenant Governor.  That infuriated Pro Tem Earl Blackwell, a strong opponent of Hearnes (reportedly he was upset that Hearnes supported Morris instead of him in the campaign for the number two job), who threatened to throw Morris out of the chamber if he came in to preside.  Blackwell maintained the appointment was illegal. Morris didn’t darken the Senate’s doors until after he’d been sworn in for the full term.

The role of the Lieutenant Governor as the President of the Senate became so insignificant that in the 1980s, outgoing Pro Tem John Scott and incoming Pro Tem Jim Mathewson ousted the Senate President/Lieutenant Governor from the office created for that person and moved incoming Lieutenant Governor Mel Carnahan into some renovated committee rooms on a lower floor. What would have been Carnahan’s office became the Pro Tem’s office. When Kinder was Lieutenant Governor, he and the head of the Office Administration arranged for the Lieutenant Governor and the State Auditor to switch office rooms. The fulltime Lieutenant Governor’s office staff had expanded enough that it needed the extra space and most of the employees of the auditor by then worked in another state office building.

What’s the solution?  The legislature can try again to write a law.  Or a constitutional amendment that would fill the apparent void in the constitution.

When we wrote about this on the old Missourinet Blog several years ago, we suggested that the new governor appoint someone to serve in the office and carry out the duties of it, someone who would willingly become the target of a test lawsuit that could provide some clarity to what needs to be done to correct the problem—which means the lawyers on both sides would have to carefully word the lawsuit to achieve from the courts the desired result.  We suggested the person for the job be someone with no pretentions about using it for future political gain, perhaps someone with no particular party loyalty so neither party could make claims that the other was trying to take advantage of something.  The person would be content to be a footnote in Missouri history, a sacrificial lamb I think we called it, someone appointed to hold the office and see that its duties were carried out until such time as the courts and subsequent elections eliminated the problem.  A lot of people can gavel the Senate into session each day, call for the chaplain to pray, and run down the order of business before turning the gavel over to a senator to preside—which is what usually happens.

Perhaps the procedure used in the wake of Mel Carnahan’s death and posthumous election could provide a guideline for a clarifying law or amendment—allowing the governor to appoint a Lieutenant Governor to serve until the next general election when someone would be elected to complete the remainder of the term. As you might recall, Jean Carnahan served for two years in her husband’s place but lost a bid to serve he remaining four years.

Whatever. The answer is out there somewhere.

If only Bill Phelps had not decided to make the office a fulltime job…..

 

 

 

Removal

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It’s important to not get ahead of ourselves at a difficult time like this.  But some people who know that we dabble in Missouri history have asked if a Missouri governor has ever been impeached and removed from office.

The answer on impeachment is “no.” The answer to removal is “yes.” Herewith, we tell the tale.

Understand that impeachment is not the same as removal.  Impeachment is the filing of charges against an office holder by the legislature.  The removal trial is conducted by the Missouri Supreme Court.  In the 1930s, under a different State Constitution, the House impeached State Treasurer Larry Brunk.  At that time the trial was handled by the Missouri Senate, of which Brunk was a former member.  Two-thirds of the senators had to vote to remove him.  The Senate failed to get that two-thirds with some people saying it just could not remove a former member from a statewide office.  True or not, Brunk completed his term.

That circumstance led to a change in procedure when a new constitution was adopted in 1945.  It leaves impeachment to the House but the trial will be conducted by the Missouri Supreme Court.  The process has been used only once, in 1994-1995, when Secretary of State Judi Moriarty was removed from office.  The Supreme Court had to have a special witness box built for that occasion because the Supreme Court hears arguments only from attorneys. There was no testimony until this case came along.

The only governor removed from office in Missouri was Claiborne Fox Jackson in 1861. Jackson lied during his campaign by pretending to be against secession when actually he was plotting to take Missouri South. When he was sworn in, he immediately asserted that Missouri’s lot was tied to the fate of the seceding states.  The legislature refused to vote on secession and instead called for a special convention to be convened to determine the proper course of action. About six weeks after Jackson took office, the convention of ninety-nine men met to chart a course for the state. Jackson had been stunned when he saw no avowed secessionists were in that group, which voted strongly to stay in the Union.  He then declared Missouri would be an “armed neutral” if a civil war broke out.

When President Lincoln called for seventy-five thousand troops to defend the Union after the attack on Fort Sumter, Jackson replied, “Your resolution, in my judgment, is illegal, unconstitutional, and revolutionary in its object, inhuman, and diabolical and cannot be complied with. Not one man will the State of Missouri furnish to carry on any unholy crusade.”

By now, Jackson was clandestinely plotting with Jefferson Davis to move Missouri into the Confederacy. His big target was the St. Louis federal arsenal. He went so far as to ask Davis to send some cannons that could be used to seize it and ship its weapons to the Confederacy. But federal troops moved first.

Then-Captain, later General, Nathaniel Lyon, who was in charge of the arsenal, smelled out the deal and rounded up the troops Jackson was planning to use for the attack.  He also rejected Jackson’s efforts to keep federal forces out of Missouri, remarking that he would see every man, woman, and child in the state dead before he would let Jackson and friends cut a deal that would prohibit federal troops from entering the state. Lyon gave Jackson and his military aide, Sterling Price, an hour to get out of town.

In a late-night session at the Capitol, Jackson asked legislators to follow him to Boonville where Missouri volunteers were going to take a stand against the Union Army.   A couple of days later, Lyon and the Union Army took Jefferson City, and stabilized the situation by leaving a small unit of troops in charge of the town while Lyon got back on the boat and led his men to Boonville for Missouri’s first out-and-out-battle of the Civil War.  Jackson and Price were soundly whipped and headed south to the safety of Arkansas and a link-up with Confederate troops there.

A majority of the Convention of ninety-nine did not join Jackson and Price.  Although Jackson would maintain that he was running a government in exile, which soon declared it had seceded, he never had a quorum of the duly-elected legislature.

The Convention, back in Jefferson City, re-assembled in July and declared the office of governor to be vacant.  Former Missouri Supreme Court Judge Hamilton Gamble was installed as the Provisional Governor. Other statewide offices were declared vacant, too, and filled with loyal Unionists among whom was the famous artist George Caleb Bingham, who became Treasurer.

The legality of the convention’s actions is not above question.  But it was protected by a Union occupational force that wasn’t going to tolerate challenges to the convention’s authority.

We do not know specifically what Jackson swore to when he was sworn in as governor.  The 1820 Missouri Constitution, which was still in effect, does not contain any oath language for the governor or for the legislature.  Our present Constitution reiterates language from the 1875 Constitution: “I do solemnly swear, or affirm, that I will support the Constitution of the United States and of the state of Missouri, and faithfully perform the duties of my office, and that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law.”

That language only applies—in the Constitution—to members of the General Assembly. It is, however, the same language we have heard on a dozen occasions when governors have been inaugurated.  Pretty clearly, Jackson had violated his oath of office to “support the Constitution of the United States and the State of Missouri,” and thus was subject to actions removing him from office.  The legal standing of the Convention of 99 to do so has been argued, but wartime expedience prevailed.

Jackson died in 1862 and his elected Lieutenant Governor, Thomas C. Reynolds, became the leader of the self-proclaimed government in exile—which wound up headquartered in Marshall, Texas.  He was with Price on the 1864 last-gasp attempt to regain Missouri for the South, hoping that Price’s army could seize Jefferson City and he could be sworn in as the legitimate governor, probably swearing to support the Confederate Constitution. But Price decided not to attack the capital city after surrounding it—he’d already had one catastrophic fight at Pilot Knob—and he moved on.  Reynolds was irate but no amount of screaming and cursing could change the course of Price and his increasingly bedraggled troops who went on to a three-day fight at Westport before scrambling back to Arkansas, badly mauled by the Union Army.

And that’s the story of the only time a Missouri Governor was ever removed from office.

The office of Governor of Missouri has not become officially vacant since Mel Carnahan’s plane crash in 2000.  What happened then raised some questions about gubernatorial succession that remain unanswered.  We’ll have another history lesson next week.

Who is next?

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Your fearful observer awoke one morning last week wondering when it will happen in Missouri.

It was the morning after the latest school shooting, this one in Florida, the seventh school shooting incident in the first forty-five days of the year.  As of the morning after the latest shooting, twenty people had been killed and thirty-four others had been wounded in those seven incidents.

Since the pace of school shootings began to pick up nationally in the 1980s there have been more than 350 school shootings in this country.

Three hundred.  And fifty.  Plus.

The escalation of shootings at schools is stunning.  Wikipedia has compiled a list of incidents at schools going back to Greencastle, Pennsylvania’s Enoch Brown School massacre in 1764, although that doesn’t quite fit today’s description of a school shooting because it was part of an Indian uprising against the British.  Only one of the ten people killed was shot.  The others were killed with “melee weapons,” as they are called.

The chart says there were twenty-eight incidents in the nineteenth century. The number jumped to 226 in the Twentieth Century (141 of them in the last three decades including the first mass shooting, 1999’s Littleton Colorado incident that killed fifteen—including the two suicidal shooters—and wounded twenty-one).

In the first seventeen years and two months of the Twenty-First Century there already have been 212 incidents that have made this list.

The Wikipedia list shows nine such shootings in Missouri since 1980. Eleven deaths, including four of the shooters.  Seven injuries.  Not all of the incidents are what we might think of as school shootings, namely students killing students.  The killing of three monks at Conception Abbey is on the list, for example.  Some involved only adults.  Missouri’s most recent incident was three years ago when a man was wounded in a school parking lot shooting, apparently by another adult.  The most recent student incident was in Joplin in 2006 when a student failed to kill a principal when his gun failed.

We hope we never have one of those horrific incidents in Missouri.  But we are sure we are not the only person in Missouri living in dread that it could happen here.

What is there to do about it? Opinions are strong on this issue and we will not wade into it here. Our focus will be on an important factor that can get lost in the discussion of school shootings and what should be done beyond the increasingly stale phrase “thoughts and prayers.”

The Associated Press the morning after the Florida incident described the suspect as, “An orphaned 19-year old with a troubled past and an AR-15 rifle…” and reported, “Students who knew him described him as a volatile teenager whose strange behavior had caused others to end friendships with him.”

Sooner or later someone is going to ask—some probably have by now—“Why didn’t somebody do something to head him off?” And some will wonder why he didn’t get help with mental health issues, sentiments frequently heard after incidents such as these.

Unanswerable questions.  A similar question might be, “How many school shooting incidents did NOT take place because our mental health people turned their clients in a better direction?”

Many years ago, one of my sometime-colleagues who sat next to me while we covered the legislature turned out to have murdered his wife a couple of years earlier. Who among us can honestly say that we can determine that the person next to us is so unstable that he or she is or can become a killer?

Can we, however, reduce the chances that something terrible might happen if we put more resources into a system that works to reduce those chances?

We wrote a column last year about a courageous and striking book we had read called, “No One Cares About Crazy People: The Chaos and Heartbreak of Mental Health in America.” I suggested that anyone in the legislature who deals with health and mental health funding should have this book on their must-read list.  With the General Assembly in session, now—particularly as we ask questions in the wake of the Florida school shooting—it is time to renew that suggestion, not just for those dealing with mental health funding but for all of our lawmakers.

Discussions are underway at the Capitol of further reductions in the state’s ability to finance vital programs and services at a time when the organization, Mental Health America, has published its 2017 report on the state of mental health in this country.  It ranks each state and territory on fifteen categories to arrive at a ranking that “indicates lower prevalence of mental illness and higher access to care.”

Missouri’s overall ranking was 31st.   Seven criteria used to rank services to adults placed Missouri 36th. We were 24th in the “youth” category.

The study found that we are 23rd in the prevalence of mental illness.   But when it comes to access to mental health care, we are only 36th.

If one of these unspeakable tragedies caused by someone of noticeable “strange behavior” happens in our state, as has happened in Florida, how will we think about that 36th place ranking?  And should this situation, this possibility, this circumstance be part of those discussions?

We pray that Missourians never have to confront those questions.  Or the people of any other state.

Let all of us pray.

Capitol credit

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State Senate leader Ron Richard has had a goal for the State Capitol for a long time and he’s hoping his last year in the legislature is the year that goal is reached.  And it should be.

Richard loves the Capitol as the symbol of a state’s greatness and power, of its stability and beauty.  But he has watched as the Capitol has deteriorated during his almost sixteen-year career and how appropriations that have finally started providing some rehabilitation of the now century-old building are not nearly enough to get the job done.

He has seen the state struggle with meeting its budgetary responsibilities for education, health and mental health, social services—you name it.  And as the state has struggled to meet those responsibilities, the state’s greatest symbol has deteriorated.

Millions are being spent as a continuation of exterior restoration that has been underway for about three years.  Some critical problems in the basement have been attacked. But millions of dollars more are needed to do what needs to be done now and to meet the costs of ongoing expenses later.

Richard has been hoping to get a bill passed setting up a tax credit program that would encourage people and organizations to donate money to fix our Capitol.   He is the sponsor of one of two bills in the Missouri Senate addressing the problem.  While he could be putting the muscle of his position behind his own legislation he has decided to let Senator Dan Hegeman from the northwest Missouri community of Cosby carry the issue.  The bill already is out of committee and is ready for Senate debate. It started the week twenty-seventh on the debate list, a good position for early approval.

It’s Senate Bill 590 for those of you who keep score. It does two things.  It creates tax credits for people who donate to restoration and repair work at the Capitol complex, and it creates tax credits for those who want to contribute to restoration and repair work on other public buildings.

A lot of deep-pocket people and companies have representatives in the capitol hallways every day that Richard, Hegeman, and their colleagues on both side of the rotunda are meeting.  It would not be surprising if those hallway denizens carried word back to their employers that their workplace needs some help.  Some of the money raised can be used to increase general public awareness of the need for donations for which private citizen-donors would get credit on their state taxes.

Richard has several times shared this dream with your correspondent and it’s time the dream comes true.   Richard already has created a legacy as the only person in the almost-two century history of the state to serve as the leader of the House and the leader of the Senate.  But that accomplishment is more a legislative distinction.  Leaving behind a program that can raise money for the capitol’s upkeep is the more important thing.  It could be a legacy.

But times have changed a little since Ron Richard first established this goal.  Historic Tax Credits are not as popular as they once were.   The legislature established caps on those tax credits a few years ago—no more than an aggregate total of $140 million.  That cap drops to seventy-million dollars on July 1.  Local historic preservation organizations can point to buildings and districts in their communities that have benefitted from those tax credits.  Now, as the cap is cut in half, there could be two new causes trying to attract tax credit seekers.

Historic preservation tax credits aren’t very sexy.  Some lawmakers question whether they create enough new jobs to justify the reduction in state revenue that they produce.  Others with little interest in history might see little value in them to begin with.

But they ARE important.  They’re important for the towns where we live because they encourage us to think of how far we have come while making sites usable, even inhabitable.  They’re important for our capitol, a place intended to inspire those who visit and who serve there.  The fact that some who visit and who serve do not find the intended inspiration cannot be an excuse to let our capitol decline into a symbol of decisions not made, responsibilities not met, and needs not acknowledged.

Our capitol is better than that.  And the Richards dream and the Hegeman legislation is the best chance for our lawmakers to prove it so.   We hope they don’t miss the chance this year.

Never before in the history of the world—

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Only a small percentage of visitors to Missouri’s Capitol get to go up to the Whispering Gallery, a place where a person can stand facing the wall and whisper something that is clearly heard by someone facing the wall on the other side of the gallery.  It is unlikely that those who have been there or those who have noticed from their position far below the railing high up in the dome that is the gallery’s home have ever heard that the Missouri Capitol Whispering Gallery was unique in the history of architecture when it was designed.

Never had anything like it been done before.  And as far as we know, the story has never been told before. Or if it has, it hasn’t been told for a long, long time.

Deep in the files of the Capitol Commission Board at the Missouri State Archives is a letter written September 29, 1924 by Egerton Swartwout, the architect whose firm designed our capitol, a few days before the building’s dedication in 1924.  This letter, as is the case with so many of his letters, is an incredibly human document these ninety-plus years after that event.  In it, he recalls his company getting the bid to design the building, the struggles with the contractor over the stone to be used, and other issues that had to be dealt with.  Toward the end of the fourth-page of the five-page letter, he writes of his partner, Evarts Tracy, who had left the firm to help create the Army’s Camouflage Corps during World War I and who had died in Paris in 1921 while helping the French with their postwar reconstruction effort, “Poor Tracy, he was extremely interested in the Capitol and very proud of it and one of the things that appealed to him particularly was the whispering gallery, the only one, by the way, that has ever been made artificially, or rather made on purpose, and that was done by Professor Sabine.   Poor chap, he is dead now but he talked to me about it often and mentions it in his Memoires…”

That mention sent us off in search of Wallace Sabine and his memoirs.  Wallace Sabine was a physics professor at Harvard when Tracy and Swartwout were students there.  When Harvard built the Fogg Auditorium, the school quickly learned the audience could not hear what was being said on the stage and asked Sabine to find out why.  Sabine’s research made him the father of architectural acoustics. The measurement of sound absorption today is the Sabin.  When Tracy and Swartwout were designing the capitol in 1913, they sought Sabine’s advice for ways to make sure members of the House and Senate could hear the speakers in their cavernous, stone-lined chambers.  The sound-absorbing curtains and fabrics in both chambers, including in the ceilings, are the result of Sabine’s study of the original plans.  Some old timers your reporter talked to a long time ago recalled that debate could be heard in the pre-public address system days quite well.

Sabine was only fifty when he died in 1919. His successor at Harvard as the Hollis Chair of Mathematics and Natural Philosophy, Theodore Lyman, edited a volume of Sabine’s papers and speeches and even some unpublished presentation, one of which was about whispering galleries.”

Sabine began that paper, “It is probable that all existing whispering galleries, it is certain that the six most famous ones, are accidents; it is equally certain that all could have been predetermined without difficulty and like most accidents could have been improved upon.”  There six he wrote about in his paper were the dome of St. Paul’s Cathedral in London, Statuary Hall at the Capitol in Washington, The vases in the Salle Des Cariatides in the Louvre in Paris, St. John Lateran in Rome, the Ear of Dionysius at Syracuse, and the Cathedral of Girgenti.  Statuary Hall in our nation’s capitol was the original chamber of the United States House of Representatives until it was outgrown.

Eighteen pages into his discussion of whispering galleries, the father of architectural acoustics wrote that the whispering gallery at St. Paul’s Cathedral in London could have been more efficient had the walls been “slightly, indeed almost imperceptibly curved.” And then he continues, “Such a gallery will be in the dome of the Missouri State Capitol, a gallery unique in this respect that will have been planned intentionally by the architects.”

By the time this paper was published in 1921, editor Lyman added, “The building is now complete. One of the architects, Mr. Edgerton [sic] Swartwout, reports that the whispering gallery in the dome exactly fulfills Professor Sabine’s prediction and has been the cause of much curiosity and astonishment.”

There was some technical stuff in the paper that explained why our whispering gallery works so well and was better than any of the “accidental” ones in previous world history that we won’t get into.   But the fact remains—-

The Missouri Capitol’s whispering gallery was the first one in the entire history of world architecture that was designed specifically to be a whispering gallery.

We just dug that story out in the last ten days or so to put in the next capitol book (don’t ask us when it will be out—maybe 2019 if things work out but look for it when you see it).  But we couldn’t wait that long to tell it.  We’ve known our capitol is an extraordinary place.  But this feature puts it on a whole new scale.

There have been several intentional whispering galleries built in this country and internationally since then.  But the Swartwout/Sabine Whispering Gallery in the Missouri Capitol was the first of its kind.

Ever.

Next time you’re in the rotunda. Look up.  Climb up, if you have permission.  And step through a door to world architectural history.

(The photo is from the blog, “Opulent Opossum,” by Julianna Schroeder, who said some nice things about the Capitol art book back in 2011.  She was a great editor to work with.)

We’ll get around to it eventually. Maybe.

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Let us not cast stones at Jefferson City for being a town that likes to talk about things for a long time before doing them.  This is, after all, a government town where many of its citizens spend their days in cubicles, and those citizens are masters at conducting meetings and talking about things and making reports and then putting the reports on shelves until they have another round of meetings.  You probably have heard of the new task force that studied state transportation needs and financing of them—five years after another task force studied state transportation needs and financing of them?

While doing some research at the State Historical Society the other day, I came across a newspaper article headlined, “Mrs. Jas. Houchin Starts Movement for $50,000.00     Y. M.C.A. in Jefferson City.”   It was October, 1915.

The organization of a Young Men’s Christian Association and the construction of a well-equipped building as its headquarters is the plan which Mrs. James A. Houchin has conceived and will carry out within the next year, probably within the next few months.

She already had put down five-thousand dollars on a lot.  “I believe the building should have a gymnasium and a swimming pool.  It will maintain a library, reading rooms and a basketball court,” she said.  She was impressed with the YMCA in Sedalia which had bedrooms on its third floor to rent to club members.

Mrs. Houchin died in 1924.  Jefferson City finally formed its “Y” in 1970.

-0-

We are still waiting on another idea, though.  The Daily Capital News on June 7, 1923 carried a letter on the front page from local lawyer and legislator A. T. Dumm saying it was time the people of the capital city built a convention hall.  Dumm was the president of the Commercial Club—which later was the Chamber of Commerce—and was a member of the state constitutional convention that had recently met.

Editor Capital News:  Responding to your request for a suggestion for the advancement and betterment of Jefferson City, I beg to suggest, for the consideration of your readers and the community, the idea of a convention hall. 

I think we have reached a point in our growth and population where we might confidently launch such an enterprise and that it is highly desirable if not absolutely necessary must be evident…

Jefferson City, like every other city of its class and consequence, must be prepared to meet the demands and requirements, not only of its own people, but of those who, through business or pleasure, become our guests. 

We pride ourselves on the fact that we are the capital of a great state, but we should have a personality and an individuality of our own and not be dependent upon the state for the means of hospitality and entertainment for our visitors.  Outside of the two great cities, we are fast becoming the convention city of the state, and our importance in this respect will increase with every passing year.

A Convention Hall, centrally located, built and paid for by our own people, for the free use of our people and those who come to the capital, would, in my opinion, result in a great increase of our civic pride and advertise us throughout the state more favorably and extensively than any other single factor except good streets in the city and good roads leading to the city.

His friends called him “Tom,” because of his middle name.  He died in 1930.

It took fifty-five years for Mrs. Houchin’s dream of a YMCA to materialize.  It’s now ninety-four years and still talking since Tom Dumm voiced his hope.

Notes from the road–November

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(Tick line, Kansas)—Trivia question:

What was the tick line?

Nancy and I crossed it a few days ago on our ten-day excursion to and from Colorado, where we spent Thanksgiving helping our son and his family move into a new house.

Kansas had a tick line.

In the years right after the Civil War, there was a shortage of beef in the northern states.  At the same time, Texas had millions of cattle and no significant market for them. But a lot of those cattle were infested with ticks that killed Kansas farmers’ dairy cows, leading the legislature to pass a law basically banning Texas cattle east of Topeka, an area that was filling up with new farmer-settlers.

A nice tourism magazine we picked up in Abilene tells the story of one Joseph G. McCoy, an Illinois fellow who realized Texas’ two-dollar-a head cattle were worth twenty times that much in Chicago and set out to find a place west of the tick line where trains could haul those infested longhorns to Chicago for slaughter, eliminating contact between them and the Kansas dairy cows.

McCoy settled on Abilene, then a place of “about a dozen log cabins and dugouts” where one entrepreneur was trying to solve the community’s prairie dog overpopulation problem by selling pairs of them to tourists for five dollars.  The town fathers sold McCoy 480 acres of land that became the destination point for those desperate Texas cattle-raisers. The cattle drives enabled Abilene to flourish—but it did so at the expense of a Missouri city. The unsigned article in the Abilene Chamber of Commerce magazine is a little condescending on this point:

Herds were transported in 1866 to Sedalia, Missouri along the first cattle trail.  Why Sedalia isn’t genuinely recognized as the first Cowtown of the West is because very few cattle herds actually made it to their destination.  There were a series of hillbillies guarding the Southern border of Missouri to ensure that the Texas Longhorns carrying the deadly tick fever were not going to cross over. Several drovers lost their lives in an attempt to break through the Missouri wall.  The Sedalia trail was also a nightmare even without the coonskin-capped border patrol because the path would send the drovers through the Ozark Mountains, which isn’t exactly the Rockies, but it wasn’t the best to run thousands of cattle.  Beyond the Ozarks, there was always a possibility of Indian raids in which there were still tribes looking around to establish their dominance in the Wild West even though the government had forced many Native Americans out to unwanted lands.

We suggest the MISSOURI Chamber of Commerce, or at least the Sedalia Chamber, might find itself sipping from the cup of umbrage at that characterization.  Coonskin-capped border patrol?  Hillbilly guards?   Hmmmmmphhhhhhh!

About three-thousand cattle were being brought into Missouri from Texas in the pre-Civil War years but the Texas ticks were hurting Missouri cattle, leading to a proposal in the 1855 legislature to ban diseased cattle from Missouri.

Sedalia, however, became a point for Texas cattle, particularly after the railroad reached there in 1860.  And when the KATY railroad built a line from Sedalia to Texas, the city became a major watering stop for the steam-powered trains that hauled cattle to Chicago in the post-Chisholm Trail days.

But when Joseph McCoy set up shop in Abilene, Sedalia’s development as THE western cattle trail head quickly ended.

The Texas cow boys (it was two separate words in those days) drove a couple million head of cattle up the Chisholm Trail from San Antonio to the railroad at Abilene from about 1867-71. By then, those bothersome Kansas farmers who had learned that winter wheat could flourish in Kansas and argued their land had become too valuable to be tromped on by ticky Texas Cattle, had expanded operations and the tick line kept getting moved farther west and other towns, including rip-roaring Dodge City, had become the cow towns of American West fame.  On March 7, 1885, Kansas enacted a strict quarantine banning Texas cattle everywhere except for December, January, and February—the cold weather months when tick-borne diseases were less likely.

By then the cow boys didn’t need to go to Kansas because the railroads had gone to Texas, including the KATY with its links to our own Abilene-maligned Sedalia.

(Concrete, America)—Covered a lot of miles on I-70—a road that makes any state boring except Missouri, where lax billboard standards just make the state look boring AND trashy—on that trip.

Saw a lot of hybrid vehicles on the road with us including a few Teslas and, as frequently happens, wondered about where they go to recharge.

We recalled that one of the diesel cars we owned years ago had a book in the glove compartment listing gas stations with diesel pumps for cars—they were kind of rare in those days—and we wondered if anybody provided a source for electric car owners that listed places where they could plug in.

Turns out there are at least two sources: Ameren.com and solvingev.com.  Might be kind of nice in MODOT had a webpage with the same information.   But the two sources that we looked at a minute ago show there are a LOT of places to plug in, power up, and go on (kind of a modern Timothy Leary phrase).  And the increasing number reflects the changes that are gaining momentum in our transportation system.  Doesn’t solve the pothole problems, though.  That might be a challenge for the legislature: figure out the equivalent of a gas tax on EV battery fill-ups.

A few years ago we suggested to a national motel chain that it might pick up a lot of customers if it had charging stations for overnight guests.  Still a good idea although we have yet to see a motel with a charging station.

(Wakeeny, Kansas)—This. place. is. starting. to. feel. weird.  Regular readers might recall that last summer we stopped at a motel in this town of fewer than 1800 people three counties away from the Kansas/Colorado border and ran into someone who recognized us from the time many years ago when he worked at the Capitol while I was scratching for news there.  This time we stopped and the young lady behind the desk was from Boonville and used to listen to “Across Our Wide Missouri,” the daily historical program we still do on the Missourinet.

I don’t know, after this, how often we want to stop at Wakeeney in the future.  It’s starting to feel a little Twilight Zoneish, like we’ll wake up some morning and be the only people in the town and we won’t be able to get out.

(Mailbox, Mo.)—Stopped at the post office and picked up our mail held for the last ten days.  46 things.  Ten were catalogs although we were surprised that only one was from L. L. Bean, which usually seems to send us a new one every three days, or from the Duluth people who are almost as prolific.  Of the 46 pieces of mail, only four were personal (cards or letters) unless you count the three bills.  Eleven were solicitations, usually reminders that it’s getting late in the year and you better donate to our cause so you can beat the IRS.  Eight were non-catalog ads, including one from Barnes and Noble which seems to have forgotten that it closed its store here months ago (we also get a lot of email solicitations from Sears, which took their store away from us months ago, too).

Less than ten percent of our mail was from people contacting people.

(Stamp Counter, Mo.)—Mailed a letter the other day and stuck one of those “Forever” stamps on it—you know, the one that’s good no matter what this month’s postage rate is. (We include this in the “notes from the road” entry because we drove to the nearest postal facility to mail the letter instead of raising the flag on the mailbox on the curb.)  The idea came to mind that the postal service should change the image on future “Forever” stamps.    It should be a

Snail.

Why I’m thankful today

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It was Thanksgiving Day fifty years ago.  It’s Thanksgiving Day today.

I’m giving thanks for lugging a trombone around for many of the years of the past half-century.  I’m giving thanks for someone who sees cobwebs where I’d never notice them, for someone who says the yard needs improving when I think mowing is good enough, for someone who forced me to accept broccoli a long time ago, for someone who’s been the reason I’m always glad to walk into the house no matter where in the world I’ve been or what I’ve done.

A long time ago my parents got a letter saying I’d been on a date with a girl named Nancy and saying they might be hearing more about her.  I used to carry her trombone to the Missouri Tiger basketball games because she was in Marching Mizzou, which during basketball season was Sitting at the End of the Court Mizzou.  It took a while for things to get serious, couple of years maybe, but personal gravity eventually worked its miracle.

I used to do a “good music” show on a radio station in Columbia, “Matinee at Midnight,” from midnight to 4 a.m.  It was, in those days, the kind of stuff intended to help fog up the windows of cars parked in secluded spots in the Columbia area. Listeners probably figured something was going on when they started hearing Frank Sinatra sing more frequently than the normal music schedule would suggest:

If I don’t see her each day, I miss her
Gee, what a thrill each time I kiss her
I’ve got a terrible case
On Nancy with the laughin’ face

She takes the winter and makes it summer
But summer could take some lessons from her
Picture a tomboy in lace
That’s Nancy with the laughin’ face

Have you ever heard mission bells ringin’?
Well, she’ll give you the very same glow
When she speaks, you would think it was singin’
Just hear her say hello

I swear to goodness you can’t resist her
Sorry for you, she has no sister
No angel could replace
Nancy with the laughin’ face

Keep Betty Grable, Lamour, and Turner
She makes my heart a charcoal burner
It’s heaven when I embrace
My Nancy with the laughin’ face

I never thought of her as a “tomboy in lace,” and she does have two sisters and the first two lines of the last verse stuff about Grable, Lamour, and Turner doesn’t apply (though they probably did for Frank), but the rest of the song pretty much summed things up.  By the time I discovered this song on one of Sinatra’s albums, I was a gone goose.

We got married on Thanksgiving because a college kid and good friend, Jim Pirner, would be home from MU for the long holiday so I could take off four days from the radio station to get married and honeymoon in romantic St. Louis.   In November.

The Hanson farmhouse on a hill outside Rolla was a pretty busy that day with my parents, Nancy’s sisters, and members of the small wedding party spending Thanksgiving Day before that evening’s event.  That evening we all went to the chapel at the Rolla Presbyterian Church for a modest wedding presided over by the minister there and the minister from our student group at the First Christian Church in Columbia. Nancy wore a white wool suit, which was mentioned in the newspaper write-ups in Rolla and back home (for me) in Sullivan Illinois. I wore a three-piece Montgomery Ward blue suit which got no mention whatever in the newspapers. I think we still have those outfits somewhere but they have shrunk a lot in these five decades.

My mother, who enjoyed wearing formals at Eastern Star ceremonies, was disappointed that we were (as she put it) more interested in getting married than in having a wedding.

I don’t know that we thought much about the future although I did calculate how old we’d be when we had been married fifty years.  Nancy and I have ridden the crest of time’s wave and here we are, exactly as old as I calculated we’d be back in 1967.  We’ve had our adventures along the way—buying our first house, deciding we had to get out of the old pile because the winter heating bills were bigger than the mortgage and the water and electrical problems were far beyond our income level to fix, producing a couple of children who have grown up to be smart and handsome adults with families of their own, rafting the Colorado River into the Grand Canyon and hiking out from the bottom to the top of a hot July 5th, finding and mapping ancient pueblos and cliff dwellings in the Four Corners region,

hiking around at Machu Picchu (it’s in the Andes Mountains behind her in the picture), getting face to face with one of the giant tortoises on a Galapagos Island, walking on a glacier at Skagway, following Lewis and Clark’s trail to the Pacific and the Oregon Trail back home, dealing with a ruptured appendix and a broken ankle.  And we can hardly wait until next Spring when we head to Africa.

Here’s another example of how special our lives together are.  We often have driven across Kansas, and do it at least a couple of times a year now that our son lives with his family in Longmont, Colorado, a half-hour north of Denver.   Neither of us minds driving across Kansas.  We swap off every couple of hours which keeps things from being monotonous.  But we’ve decided there must be a mutual genetic disposition toward Kansas.  One side of Nancy’s family has farmed near Larned for more than a hundred years—there are even buffalo wallow in the pastures.  Both sides of my family were from northern Kansas, near Beloit and both of our families were living out there before the Indians were gone.

When navigation systems became options for automobiles, I told dealers I didn’t need one because I had one sitting in the passenger seat with a map in her lap.  We have navigation systems in our cars now.  But Nancy still has a map.  Even on I-70 going across Kansas when getting lost is not an option.  She’s kept me on course in more ways than one and not always on trips.

Seven or eight years ago Nancy heard a city concert band was being formed for people who used to enjoy being in a band in high school or college.  So I’m still carrying her trombone and she is having a good time playing in a band again.  And it’s a good band.

No, it has not just sped by.  It’s been fifty years.  This is our 18,264th day since we put gold rings on each other’s third fingers, left hands (counting leap days).  When we think of all the times we’ve lived through, all the things we’ve done, all the places we’ve been, the children we’ve seen become great grownups, we know that fifty years has been, well, fifty years—a not insignificant length of time.

We don’t mind being as old as we are—although it does give us pause to realize our daughter and our son are plunging toward middle age, which signifies that we must be old, whatever that means.

There have been a lot of those 18,000-some nights when one of my last thoughts has been a little prayer of thanks that we are ending the day beside each other, as we have been beside each other for these fifty years.

Some of you who check in on these entries know how blessed I have been. A girl named Nancy who spent the first 13 years of her life on the Upper Peninsula of Michigan and thinks cold weather is pretty good and Missouri Augusts are insufferable has stayed married to an Illinois boy who loved baling hay on the hottest days of summer and despises winter (although not so much since retirement means staying out of it a lot of the time) for half a century.

Before our household went from two to four, we had season tickets for a few years to the American Theatre in St. Louis, a place now gone but a place where we saw the touring companies of Broadway plays.  One of our favorites was, and is, I Do! I Do! The musical was based on Jan deHartog’s play, The Fourposter. Tom Jones wrote the book and lyrics and Harvey Schmidt wrote the music. We sat in the fifth row to watch the original cast members—Mary Martin and Robert Preston—portray a fifty-year marriage.

Broadway musicals had hit songs that made the popular music charts in those days.  Ed Ames hit the Billboard charts with the song Robert Preston sang:

Sometimes in the morning when shadows are deep
I lie here beside you just watching you sleep
And sometimes I whisper what I’m thinking of
My cup runneth over with love

Sometimes in the evening when you do not see
I study the small things you do constantly
I memorize moments that I’m fondest of
My cup runneth over with love

In only a moment we both will be old
We won’t even notice the world turning cold
And so, in these moments with sunlight above
My cup runneth over with love
My cup runneth over with love
With love

Toward the end of the play the characters, Michael and Agnes, look back on their marriage and then look ahead in a tune called “Roll Up the Ribbons.”

Michael-Roll up the ribbons, fold up the papers
Stow all these things away!
This day is done, and another is on its way.
Agnes-Pack up the present; look to the future.
One thing I know is true.
The best day of all is the day that is on its way.
Both-Waiting for you.
The best day of all is the day that is on its way.
Agnes-Waiting for you.
Michael-Waiting for you.
Both-Waiting for you.

So here we are, two Thanksgivings half a century apart.

Forget the Thanksgiving Pilgrim stories.  Nancy and I have lived our own story for fifty years now and it has been good.  And I cannot tell you how thankful I am that I will wake up next to her on the day that is on its way knowing that my cup still runneth over.

Now, if I can get her attention, I’d like a little more gravy.

 

 

 

 

There used to be some courtesy—

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It is hard to imagine that we will ever see something like this article that was in the Jackson Independent, published in Cape Girardeau County on January 5, 1828:

GOOD EXAMPLE TO ELECTORS

The following resolution was unanimously adopted at a meeting of the friends of General Jackson, held in Northumberland County, Kentucky—

Resolved, That we will through the contest for the Presidential Chair, disprove of any vulgar, harsh and unbecoming epithets, or language used, either in relation to our own candidate or the administration party, believing that such things tend to inflame the public mind unnecessarily, and have injurious effects upon the morals of our country.

—Where are those followers of Andy Jackson when we need them?

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U. S. Grant and Jeff Davis together at the state capital. During the war

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U. S. Grant was in Jefferson City. So was Jefferson Davis. Davis gave Grant orders to get out of town.  Grant was on a train about an hour later.

Swear to God, it’s true.

If you know a little bit about Missouri’s Civil War history, you know that U. S. Grant’s first command was as a Colonel in charge of the 21st Illinois Infantry dispatched to rescue another Illinois unit surrounded by Confederate forces on the Hannibal and St. Joseph Railroad near Palmyra, Missouri.  His unit arrived after the attack, stopped in Palmyra for a few days before moving to guard the reconstruction of a destroyed bridge over the Salt River. A couple of weeks later, Grant was ordered to attack a Rebel unit encamped near the small town of Florida.  Grant didn’t find Harris and went back to the bridge after overnighting in the small town.

Grant was named commander of a sub-district and ordered to headquarters in Mexico. It was there, several weeks later that he learned—by reading it in a newspaper—that he had been promoted to Brigadier General and had been ordered to take command of the southeast Missouri district. Upon arrival in Ironton, he met Colonel B. Gratz Brown whose troops’ ninety-day enlistments were running out or had run out. “Brown himself was gladder to see me on that occasion than he ever has been since,” wrote Grant later, undoubtedly reflecting on Brown’s post-war rise to the governorship and his vice-presidential candidacy against Grant’s effort to win a second term as President.

Within ten days, however, he was ordered to St. Louis where he was told to take command of the northwest district, including Union forces occupying Jefferson City.  He succeeded Colonel James Mulligan and found the troops “in the greatest confusion, and no one person knew where they all were.” Plus, the town “was filled with Union fugitives who had been driven by guerilla bands to take refuge with the National troops.”  He was ordered to organize an expedition to remove money from banks in Boonville, Chillicothe, and Lexington before rebels could get it.

But about a week after his arrival, he looked through his office door and saw Jefferson Davis striding toward him.  Davis handed him an order relieving him from command in Jefferson City and ordering him to St. Louis without delay. There undoubtedly were some people in the presumably southern-leaning town of 3,100 who enjoyed the irony of Jeff Davis replacing the commander of the occupying federal force.

Colonel Jefferson C. Davis was an Indiana native. He inherited a force of about 12,000 soldiers in northeast Missouri. By late September he had as many as 20,000 troops under his command, a buildup in response to reports General Sterling Price had about 16,000 men south of the Osage River and was thinking about attacks on Jefferson City, Boonville, or Lexington. One of the first things Davis did was organize his troops in and near the town to build fortifications.  While they proved unnecessary in 1861, their strengthened presence was important three years later when Price did move on Jefferson City.

Davis developed a plan to move against Price’s forces and state commander John Fremont approved them.  But Fremont never provided boats or teams necessary to launch the offensive.  He was frustrated when Price took Lexington and Mulligan’s 3,500-man force shortly afterwards because he thought the results would have been different if Fremont had given him the means to attack Price first.

About then Fremont ordered a reorganization of the southwest department and ordered Davis to the Springfield area where the next March, the Union Army moved south and defeated the South at the Battle of Pea Ridge, ending Confederate hopes of holding Missouri.

By then U. S. Grant had moved to Cape Girardeau and had started building the reputation that put him in charge of operations at Vicksburg in 1863, eventually to his command of the Army in the East, the surrender of  Lee and the end of the war in that theatre, and, ultimately, the Presidency.  The war limped on for several more weeks in the West and, some say, is still being waged socially today.  The other Jefferson Davis did not dissolve the Confederate government until almost a month after Appomattox.

Now-General Jefferson C. Davis operated in Arkansas, Kentucky, and Tennessee after leaving Missouri.  While in Kentucky, he shot and killed another general in a dispute. No charges were filed.  He became part of Sherman’s March to the Sea.  After the war, He became the first commander of the Department of Alaska after our purchase of it from the Russians in 1867. He established a fort at Sitka and ordered all Russian residents to leave their homes so Americans could move in.  He commanded forces in Oregon and California where his campaign against the Modocs forced their surrender.

Davis was back in Missouri where he helped keep the 1877 Railroad Strike in St. Louis from turning violent.  He died two years later in Chicago, a year before Grant lost a bid for the nomination for a third term as President.

Grant died in 1885, the year his family’s financial future was secured by the publication of his memoirs by Charles L. Webster & Company, an arrangement brokered for Grant by former (briefly) Confederate soldier Samuel Clemens, who had been born in the small town of Florida that had been, for one day, the headquarters of Grant’s first command.