MISSOURI: Machine Busting

"Defendants do not believe the Judge should have manifested in his charge the detestation of this particular type of crime. He should have denounced piracy in the South Seas but not election thievery in Missouri. He should have exhibited indifference. He should have been lukewarm in his charge. He should have softpedaled the matter. He should have said: " 'Gentlemen of the grand jury: everybody's doing it; let it pass.' " So said Federal Judge Merrill E. Otis last week in Kansas City. He also overruled demurrers to a set of indictments and prepared the way for the beginning this week of a trial that has already shaken the concrete foundations of Kansas City politics.

Dripping Fingers, One day last autumn some 20 Kansas City lawyers paid a call on Federal Judge Albert L. Reeves. They asked for a Federal investigation of Kansas City elections. Judge Reeves, tall, bony, with sagging cheeks, stone grey hair and 14 years on the Federal bench, told them to get evidence of fraud at the election on Nov. 3, promised to investigate fully after election.

The election was a great triumph for Kansas City's Democratic machine. Its endorsees swept all offices: Lloyd Crow Stark was elected Governor, 12 Democrats were elected to Missouri's 13 seats in the House of Representatives. Kansas City with only 10% of Missouri's population gave Roosevelt 30% of his majority in the State.

Boss Tom Pendergast, having been ill for more than five months, announced that he was turning over control of his organization to his nephew James who had done so well during the campaign as boss pro tern (TIME, Dec. 14). A banquet was given for Fred Bellemere, chairman of Kansas City's election board and he was mentioned as a sure-fire future prospect for Governor. Then suddenly in mid-December Judge Reeves impaneled a grand jury of 20 men. Instead of saying, "Everybody is doing it, let it pass," he said to them:

"I can't sit quietly in my district here . . . and allow my fellow countrymen who stand for the law ... to witness a man going with dripping fingers to the ballot box. The registration and voting of people who are not naturalized citizens is a crime. ... I am informed the names of such persons will be presented to you. ... If a man casts a dishonest ballot he cocks and fires a gun at the heart of America. Whether a bribe is given or taken in a Congressional election, it is a violation of the laws of the U. S. I am informed violations of this nature took place.

"We can't surrender the ballot boxes to thugs, gangsters and plug-uglies who patrol the streets with machine guns. We can't stand for that any longer. Reach for all—even if you find them in high authority. Move on them. My information is that the population of Kansas City is less than 400,000. The last registration was something like 270,000. ... A registration like that would call for a population something like 600,000."