Johnson County, Missouri - Chapter 22, 1881

Chapter 22

The Thirty -first General Assembly - Election of U. S. Senator-Message of John S. Phelps - Inauguration of Thos. T. Crittenden - Character of the Assembly - Personnel of Mem¬ bers - Fish Hatchery - Various Acts Passed - Political Standing of Senate and House - Officers of Each Branch - Two Notable Events.

Early in January, 1881, the thirty-first general assembly convened in Jefferson City. It is notable in two ways - as inaugurating a new gover¬ nor, and as electing a United States senator - either sufficient to give it a distinctive place in history.

There was an unusual scene at the election, and also at the nominating caucus, for U. S. senator. That which impressed itself upon the mind was the absence of excitement. True, there were an average number of candidates, but at the same time, there was about each, the conscious strength of fixed and unalterable opinion. The nomination was made in the caucus, and, leaving out the strong dissenting speech of Lieutenant- Governor Charles P. Johnson, almost unanimous. The man, honored by so flattering a vote, was Frances M. Cockrell, of Johnson county. Mr. Cockrell was the retiring officer, and became, under the most favorable auspices, his own successor.

The sterling integrity, honest purposes, and untiring labors had won for Mr. Cockrell the confidence of the people, and the safety of the common¬ wealth was intrusted in his hands for the reason that "genius does what it must, talent does what it can."

On the second day of the session, January 6, Gov. John S. Phelps sub¬ mitted his message. It is an able review of the state, and from it we can learn much of the condition of affairs during the preceding four years, and also the present general needs in the various departments, together with the supreme interests at stake. We shall now quote, in full, such portions of the message as, in our judgment, are devoted to the important topics :

The people of this state - though conscious of its great natural advantages over other states in climate, soil, productions, the richness and abundance of its mines and mineral products, its fertile prairie lands, interspersed with timber of an excel¬ lent quality, its timber, suitable not only for building but for manufacturing pur¬ poses, and its rivers and streams of water - have not sought, till recently, to make known these great advantages to the people of our sister states, or to the people of foreign lands. The last legislature provided for the establishment of a board of immigration, but the amount of money placed at its disposal was so inadequate to the expectations formed, that the people themselves were forced to take hold of the question with vigor, and they stepped to the front to supply the means necessary to accomplish the objects desired. But, in the meanwhile, the state board of immigration had prepared and published a small pamphlet, giving a description of the state by counties, and an excellent map to accompany the same. The labors of the state board of immigration induced inquiry by the people of other states and of foreign lands, intending to seek a new home, concerning the advan¬ tages which this state possessed.

In another portion of this paper, I have shown that, since September, 1876, to June, 1880, calling the period of time four years, the population of this state naturally increased, and the increase by immigration was about 60,000 persons per year. The efforts of the board of immigration were ably supplemented by the voluntary association formed by the people of this state. Enterprising and wealthy gentlemen of St. Louis furnished the moneys required for this grand work. A convention of the able and energetic men of the state was held in St. Louis, in April, 1880. The action of this convention did not aid to increase the population of this state embraced in the federal census, but its influence is now felt, and has been felt since last autumn, and will continue to be felt for a long time. That association has published a map and a hand-book of Missouri. In the latter there is a brief description of the advantages each county in the state possesses, and with the additional statistics which it is hoped will be published in a second edition, the whole story of the wealth and resources of our state will be briefly narrated. I hope the legislature will make a liberal appropriation to stimulate and encourage immigration to this state. * * * * *

The building of railroads is an indication of the wealth and prosperity of the people. While the people on the line of the projected roads may not have the money wherewith to construct and equip these great and costly conducts of com¬ merce, yet they may have the wealth of products to be transported, which will insure to the capitalist building the road, a fair income on his investment. Such has been the condition of the people of this state. * We have not been able to furnish money to build railroads, but the products of our fertile soil, the wealth of our inexhaustible mines of coal, lead, zinc and iron, all promised a bountiful recompense to the capitalist who would provide means to transport to the consumer this great wealth, produced by the husbandman and miner. From the 1st of July, 1876, to the 31st of December last, 867 90-100 miles of railroad have been put in operation in this state. From July 1st, 1876, to July 1st, 1878, only 66 10-100 miles of railroad were put in operation, the depressed prices which then prevailed, materially paralyzing all branches of business, and financial embarrassment and distress was impending on all. From July 1st, 1878, to December 1st, 1879, a period of 18 months, 411 50-100 miles of railroad were put in operation, and for the calendar year just closed, 390 30-100 miles of rail¬ road were completed. And I am induced to believe the number of miles of rail¬ road which will be put in operation during this year, will be no less than that of last year. * * *

The last legislature preformed a very important and arduous labor. The laws of this state, contained in the last revision, and also embraced in about a dozen volumes of acts of the legislature passed since that time, were revised and digested in a manner which reflects great credit on our legislature, and the individuals having charge of the work, and would reflect great credit upon any legislative body. It is not to be expected that such a labor is perfect. No very important amendments to the law suggest themselves to me. Perhaps, however, some errors may have been discovered which will require amendments; if so, you will take the necessary steps to remedy them. * * *

The supreme court is burdened with business and must have relief. It is very gravely questioned whether adequate relief can be given to the court without an amendment to the constitution. One proposition looks to an increase, per¬ manently, of the number of judges; the other, that those judges may be appointed for a limited time, and until the court shall catch up with its business, to be called commissioners, and if another like exigency should occur, to again appoint three judges for a limited time. The last mentioned proposition has receivsd the commendation of a convention of the members of the bar of this state. As this commission is to sit in conjunction with the supreme court, and to have transferred to it for adjudication such causes as the supreme court mav deem proper, and as the object is to obtain the ablest jurists, I suggest that the supreme court shall nominate (and no nomination shall be valid unless made by four judges of the supreme court) the persons to be members of the commission to the governor, and that he shall commission them. But it seems to me the same advantages can be obtained by the permanent addition to the supreme court of two additional judges; and by the time relief shall be given, the busi¬ ness of the court will require the additional judges; that the supreme court shall, from time to time, be organized in two divisions, composed of three judges each, the chief justice to designate the members of said divisions, and in case of emergency, sickness or inability of any member to act, he shall assign him¬ self to one of the divisions, so as to bear his due proportion of labor. The court shall sit in bank whenever the constitutionality of a law shall be drawn in question; and in other cases of great importance, which may be defined in the proposition, a full court shall be held. By this means there will be, as with the commission, two tribunals in session at the same place and the same time, each organized to properly discharge its duties. But, while I prefer this method, thus briefly and perhaps not distinctly described, the necessity for relief is so great that if one measure cannot succeed, another should be adopted. * * *

The government of the United States has established a national board of health, and some of the states have established boards of health to co-operate with it. The object of such organizations is to obtain the active co-operation of the medical profession in making sanitary investigations and inquiries respecting the causes of disease, and especially epidemics, the causes of mortality, and the influences of locality, employment, habits and other circumstances and condi¬ tions, upon the health of the people. No member of the state board of health should receive compensation from the state for his services, except the secretary, who should receive a reasonable salary, and a small additional sum will be required for stationery, printing, etc. I hope such an organization will be author¬ ized, and the proper sum appropriated for its support.

By reference to a synopsis of the legislative work, which appears further on, the wisdom of these suggestions will be seen to have been heeded.

On January 10, Thomas T. Crittenden was inaugurated governor and in his address to the legislature, made the following recommendations: That the educational interests of the state should be sacredly guarded and wisely fostered ; the extinguishment as rapidly as possible of both state and county debts; the refunding of state indebtedness then due, at a lower rate of interest; the enactment of a general registration law; the perfec¬ tion of the militia law of the state ; the re-enactment of the " lease law " in regard to the penitentiary, so that convicts might be worked outside the walls ; the enactment of a law by which the state should settle with Elijah Gates, and vindicate his honor, and the integrity of the state.

The address was listened to with the marked attention fitly becoming the dignity of the occasion. The following timely counsel was given to the dominant party by its highest representative on this occasion : healthy basis, by an economical administration of affairs, is entitled to the continued confidence of the people, and will be retained in power till a later day if it pursues the same wise policies ; but while remembering with pride its past history, and the good it has accomplished, it should remedy its evils, purge its faults, dethrone its bosses, enlarge its horoscope, and advance with determination to the possession of those great living princi¬ ples upon which a free and an independent people live, move, and have their being."

A correspondent who witnessed the proceedings of this body writes thus as to its character: "Throughout the entire session an earnest inter¬ est in, and a careful consideration of every measure has been apparent. The fanatical spirit of retrenchment and reform, so very dangerous to the right conduct of our state government by its many officials, has been man¬ ifestly absent, and in its place that honest inquiry into the expenditures of the state's money, tending only to secure honest, efficient officials at pay¬ ing salaries; and this feeling has led the body in the consideration of the whole bill of appropriations. A dignity, a sterling integrity, and a uniform intellectuality stamps this assembly as one of the best that has ever appeared in the capitol. The disposition of the assembly has been to stick closely to those questions which vitally affect the good government of the state, and hence party questions have been buried, and the few " buncombe" resolutions that have been introduced, seeking only to put members upon record, and thereby create political capital, have provoked no discussion."

The personnel of the house is described as follows: " Hon. T. P. Bashaw, speaker, is one of the best officers that ever graced the chair. Calm, firm and dignified, with all genial and kind, immovable from the sacred trust which duty imposes, in all his rulings, a friend only to the right, he has made that officer against whom not a murmur has escaped.

" Charles P. Johnson is the leader in -the house - the orator of that body. H. Clay Ewing, ex-attorney-general, is also there. His greatest effort was made upon the capital removal question, when the accumulated logic of long years in the practice of the profession of law was brought to bear to show the jurisdiction of the United States over the grant of land upon which the public buildings and city are located.

" Samuel C. Major, chairman of the committee on judiciary, does a power of hard work, and watches keenly every measure as it passes the house.

"John P. Harman, of Johnson county, is an untiring worker. He brings to the consideration of every subject that rare judgment which entitles his opinion to the marked attention of the entire body.

Historical Sketch Of Missouri

" Among those who take leading parts in the debates in the house are, Messrs. Anthony, of Nodaway; Allen, of St. Louis city; Carter, of Lafayette; Dale, of Cass; Dawson, of New Madrid; Harper, of Put¬ nam; Hughlett, of Montgomery; Kneisley, of Boone; Parker, of Lin¬ coln; Richardson, Ridgely, Smith, of St. Louis city, and Williams of Jef¬ ferson."

One of the most important measures that came up for consideration during the session, was a joint and concurrent resolution providing for the submission of a constitutional amendment to the people removing the state capital. The bill had been introduced into the previous legislature and under the championship of Hon. Finis C. Farr, of Johnson county, had received warm approval and had failed to pass by only four votes. Mr. Harrington, of Adair county, introduced the measure into the Thirtyfirst assembly, and though earnestly maintained, it received a signal defeat.

Among the various reports transmitted to the legislature calling atten¬ tion to urgent wants, we are constrained to notice that of the fish com¬ mission, as of vital interest to a young and growing state. The following language of the report sets forth the cause of the commission: "In an address made by the Missouri fish commission to the people of Missouri, shortly after its organization, and which was extensively circulated throughout the state, we said: 'Until a comparatively recent period, fish were so abundant in the waters of the country, that the supply was regarded as inexhaustible. Within the last few years, however, the congress of the United States, and the legislatures of more than three-fourths of the states, have been aroused to the sad truth that the stock of fish throughout the country is almost destroyed, and that steps should be taken not only to restore the former stock, but for the introduction into our streams and lakes of all the best and most approved varieties found in the waters of the world, and for their protection afterwards. The great fall¬ ing off' in the supply of fish in the waters of the United States, is chiefly attributable to two causes: First, the use, in catching fish, of seines, nets, traps, fish-dams, etc., at all times of the year , especially during the spawn¬ ing season; secondly, the erection of dams so high across the streams as to prevent the ascent of fish into the interior of the country from the sea and great lakes.' "

The report further states that during the year 1880, "as perfect and complete a fish hatchery as can be found anywhere in the west," was established at St. Joseph, Missouri, and that the movement is fairly pros¬ perous. When Missouri shall have become as densely populated as por¬ tions of older states and countries, the importance of fish as food can scarcely be measured.

An act to provide for the registration of all voters in cities having a popu¬ lation of more than one hundred thousand inhabitants, and to govern elec¬ tions in such cities; an act to provide and regulate the registration of voters in cities of twenty-five thousand and less than one hundred thou¬ sand inhabitants, and providing for additional precincts in the same; an act providing that no charitable association or society making promises to its members whereby sums of money are paid to sick or disabled mem¬ bers or to others parties on their decease from the proceeds of assessment or dues collected from the same, shall be deemed insurance companies; acts providing heavy penalties for keeping "gaming device" of any char¬ acter or for renting property for that purpose; an act defining "waters of the state" with reference to prohibitory fishing laws, also the establishment of "fish chutes" for passage of fish; an act providing for the inspection of coal mines and the protection of the health and safety of persons therein employed by means of proper ventilation, signalling, precautions against fire-damp, etc; an act to secure to the state the speedy settlement and pay¬ ment of all sums of money due from Elijah Gates, late treasurer of the state of Missouri; a concurrent resolution submitting to the qualified voters of the state of Missouri an amendment to the constitution thereof concerning the judicial department, by which an additional judge is added to the supreme court, and various provisions enacted tending to expedite the disposal of the docket.

At various times during the session the members were publicly addressed by the following well-known, and justly celebrated men: Elihu B. Washburne, of Illinois, Bishop Ryan, of St. Louis, H. Clay Dean, of Missouri, Solon Chase, of Maine.

The following classification of membership is made by Michael K. McGrath, in his "Official Directory of Missouri ," to be: senate - demo¬ crats, 25 ; radical, 7 ; greenbackers, 2 ; total, 34. House - democrats, 98 ; radicals, 41; greenbackers, 4; total, 143.

Economic measures were adopted in many ways. Harmony prevailed throughout the session. Order was preserved during each day's labors. Temperance and sobriety were manifest. Acrimonious debate was sel¬ dom indulged in, slander, never. Withal the thirty-first general assembly was an honor to a great state.

Two notable events have occurred during the present year of ls81? worthy of mention here. They are widely separated in character, one marking great progress and increase of material wealth in the state, and the other, an eidolon of destruction. We refer to the opening of the new Southern Hotel, in St. Louis city, and the devastating flood of the Mis¬ souri river.

Few, who read the papers, failed to learn of the terrible holocaust which was caused by the burning of the " Old Southern" in 1877. So shocking were the details of the conflagration, that a " pall of gloom " was spread over the entire west. Days elapsed ere the gaunt ruins gave up the ghastly, sickening forms of the dead. Heroic bravery was shown by res¬ cuing firemen, that would have shamed the danger of the battle-field, and in this connection, the name of Phelim O'Toole, the most daring of these men, was made immortal. The United States, the world even was appalled, at the terrible danger that lurked about the unsuspecting trav¬ eler in these " stopping places." And as the crisped bodies of the burned came to light by the scores, a deep conviction settled upon the people, resulting in the enactment of a safety law.

Human enterprise surmounts almost every difficulty. To-day, where two short years ago, was only a mass of mocking debris , a proud, fire¬ proof structure, the "New Southern " is reared - a model of the sublime, in architecture, and wonderful in ingenuity - the embodiment of comfort and taste. 4

It would be out of place here, though interesting, to briefly describe the building, but we must confine this notice to the meaning of the event.

St. Louis, the central city of the union, demands, as the representative of the wealth and enterprise of the valley of the Mississippi, the proudest structures of the land. The era of that representation is dawning. In a hundred ways is it visible. Capital is moving westward with rapid strides. Immigration - the influx of the 'producing element of mankind - is gigan¬ tic in its movements. The whole valley is made to bloom, and the depths of the earth to give up untold riches. The eyes of the civilized world look down upon the quiet valley, and every noble work of art that rises heavenward, is a monument of the culture of the people, and, as in this hotel is embodied centuries of thought, so in it is contained a vast world of potent prophecy. It has , then, a meaning aside from a monetary esti¬ mate, worthy of our attention. In St. Louis history it is the next great event succeeding the completion of the " Great Bridge."

The opening ceremonies which occurred on Wednesday, May the 11th, were imposing and magnificent, and calculated to attract widespread attention. The wit and beauty and intellect of the state and surrounding states were there gathered. Gov. Thomas T. Crittenden delivered an address. A ball and banquet followed. The pleasures of the hour marked the appreciation of the heart. Electric lights shamed the noon¬ day sun. In many ways within the four walls of stone, the elements did the bidding of man, and everywhere was omnipresent, the thought that under the imperious sway of thought the mysterious unknown was fast receding.

It is scarcely necessary to do more here than record a heavy rise in the Missouri river. Floods of the Missouri are always disastrous. The cur¬ rent, ever-changing, yearly washes hundreds of acres of land away. But the spring rise of 1881, reached a degree, only equalled once or twice in the history of the river, since the European has built cities along its banks. Kansas City was seriously damaged, a large part being sub¬ merged. The rich bottom lands in various counties were covered with water, and vast crops destroyed. Large numbers of cattle and sheep were drowned. The volume of water poured into the Mississippi, caused that stream to swell, doing much damage to property in St. Louis. Human life was, in many instances, lost; and thousands of families made absolutely destitute. The flood reached its maximum height in the latter part of April. Railroad traffic was seriously impaired by numerous " washouts." Mails were stopped, and passengers delayed often for days and sometimes for weeks. An editorial appeared in the St. Louis Globe- Democrat , on April 30th, which, after setting forth the idea that these floods occur on an average of once in every seven years, says:

" Connected with this law of floods was the theory that cultivators of the bottom lands could afford to lose a crop once in seven years. The bottom lands suffer but little from drought, and the losses from this cause on the uplands, fully offset the losses by floods in the bottom, while the superior fertility of the latter gives to their cultivators the larger aggregate product. This theory seems correct enough, but like many other economic theories, it does not work well in practice. The cultivators of bottom lands cannot afford to lose a crop once in seven, nor in twice, nor in three times seven years. When they escape inundation they do not seem to accumulate more than their drought-stricken neighbors of the highlands, and the fatal flood when it comes, always finds them unpre¬ pared. During the six years of plenty they never prepare for the year of famine, as did the Egyptian monarch when warned by a dream.

" That gambling instinct, so characteristic of our people, prompts the bottom farmer to trust to luck, and make no provision for the danger which is sure to come, until it is upon him. In the same spirit of gam¬ bling, flourishing cities are built in the track of the destroying waters, with the hope that the destruction, which is inevitable, may be avoided, somehow or other, without keeping out of its way, or attempting to ward it off. An immense amount of valuable property is staked on the size of the flood, and when its magnitude approaches the maximum the loss is enor- mous. The high-water mark of 1844 is a warning which is generally disre¬ garded - indeed, the property-owners of the bottoms conduct their operations apparently on the supposition that the river will never again overflow its banks. Yet the fertile lands of the bottoms are the product of the river, and these great inundations are a source of fertility which is inexhaustible. If no destruction accompanied them their value as fertilizers would be incalculable. The river would be viewed, not as an enemy but as a friend, and its rising would be a cause, not of anxiety, but of gratification. The Egyptians, whom Joseph warned of an approaching famine, were a great and powerful people, whose power and greatness depended solely on the annual freshets of the Nile. That Egypt which figures in antiquity as the granary of the nations was nothing but a ribbon of land in the desert, overflowed by the Nile. It was but little, if any, wider than the Missouri bottom, and at every annual flood the entire country was under water. But the ancient Egyptians did not view the rise of their river with appre¬ hension. On the contrary, their chief fear was that it would not rise high enough, for a light flood meant a short crop. There is now in Missouri a territory about equal in extent to that of ancient Egypt under water, and the inundation is a great calamity; but in Egypt, a similar inundation was the greatest of blessings. Agriculture in Egypt was pursued on the basis of high water as a necessity, for beyond the ground covered by the flood was a desert of shifting sands. But beyond the bottoms of the Missouri is a country of great fertility, available for all agricultural purposes, and the bottoms are cultivated at a venture, and not because other lands are unproductive."

The article then concludes with the idea that, unless the river can be confined to a single, fixed channel, great accumulations of property must not be planted in its pathway. The historic significance, then, of the great flood of 1881, is, when millions of dollars sleep in their wake, and densely populated districts crowd their banks, will the Missouri and the lower Mississippi receive in 'the future the national attention which their necessi¬ ties and importance demand?