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Category Archives: Ozarks arts and culture

New library facilities are a huge asset to Christian County


I heard some fine music on August 11 at the newly-renovated Ozark branch of the Christian County Library from Kicking Jacksie!

As you can see in the photo, we were in a bright meeting room that is available to the public. The windows overlook the Finley River Park, where a mud-run had just been completed and where on other days and nights you can see barrel racing at the Finley River Saddle Club arena, various amateur athletic events, the county fair and people having picnics or paddling kayaks.

In our public discourse, we glorify entrepreneurship and the for-profit engines that drive our economy. But what I saw Saturday reminds me that the nonprofit sector—including the government—plays a big part in providing some of the best things in our lives, such as parks and libraries, when citizens are willing to tax themselves.

Last December, I was privileged to be asked to provide legal counsel to the board of directors of the Christian County Library District and the capable director Geri Godber and assistant director Katy Pattison.

The Christian County voters had the good sense to vote an increase in the District’s property tax levy by a 2-1 margin in August 2017. A mere twelve months later and the District has delivered an 8,000 sq. ft. branch in Nixa in a former office suite leased (with a purchase option) from Southern Bank and a complete renovation of the original branch in Ozark, adding a children’s reading room.

For both the Nixa and Ozark projects Sapp Design Architects, led by project architect Devon Burke and senior project manager Jim Stufflebeam, provided designs and Nesbitt Construction was the general contractor.  Michael Strong of George K. Baum & Company was the District’s financial consultant, assisting with the issuance of certificates of participation.

I’ve rarely worked on renovation projects with so much cooperation and so few problems. Nor have I worked on many projects where women (Geri, Katy, Devon and most of the District’s board members) made almost all the decisions. Though my role in the District’s projects has been tiny, I’ve rarely been more proud to be associated with a client’s endeavor.

At the Ozark library, you can check out live music and other performances from time to time, and you can also check out a rod and reel and tackle box or cake or muffin pans. And there are lots of books and movies. You can use a computer that may be connected to databases that aren’t available on Google and get help from a trained librarian. There’s a room full of local history materials. Separate spaces for little kids, tween and teens, with furniture and books to fit them, will help them enjoy using the library.

Getting back to the music–which is linked to books–Jack Bowden of Kicking Jacksie! is a teacher in Hermitage who formerly entertained at Silver Dollar City, where he hooked up with drummer Andy Holloway and bassist Shannon Thomason.

Jack is a participant in Wild Bob’s Musical Book Club. This book club publishes a list of books for upcoming months. Songwriters write a song related to or inspired by the book of the month and congregate at Lindberg’s on Commercial Street once a month to perform the songs that each has written. Literature and music fuel our spirits and imaginations, so that we can go on working. For the performance at the Ozark library, the two songs inspired by Where the Wild Things Are were big hits for all ages.

Everywhere I go, libraries are popular. They offer many things besides quiet spaces, including spaces with pleasant noise, helpful librarians, cake pans and fishing equipment.

One big difference between searching for information at a library and on the internet is that the internet is driven by mechanisms that obtain information from you and select information to give to you, including advertisements, based on what the advertising clients of Google and Facebook want you to see. Libraries aren’t like that.

Christian County has library facilities to be proud of and dedicated board members and employees. The 20 cent per thousand levy provides knowledge and entertainment. Even in an off-year election, Christian County voters turned out and did themselves a huge favor. More facilities are planned for the west and east ends of Christian County.

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Brooks Blevins’s refreshing new book, A History of the Ozarks, Volume 1, The Old Ozarks


Brooks Blevins has given us a fresh and refreshing new look at the early history of the Ozarks in the first volume of A History of the Ozarks, published in July 2018 by the University of Illinois Press. I bought my copy through Amazon.

This history is refreshing because it includes many aspects of Ozarks history that I have learned and forgotten, as well as including lots of things that I never knew.

It is fresh because it does avoids the errors of many histories of the Ozarks. The introduction is essentially an essay to counter the stereotyping of the people of the Ozarks. I highly recommend the book just for this part.

In addition, the book sidesteps many errors of previous histories, rather than:

  • being confined to either the Arkansas Ozarks or the Missouri Ozarks, Blevins covers both and a little of the Oklahoma Ozarks,
  • overlooking the contributions of women in commerce as well as on pioneer homesteads, instead, he tells us about Betty Black’s ferry and Polly Hillhouse’s pioneer farming enterprise,
  • treating Indians as as though they were here and suddenly gone, we learn about the internal divisions among the Osage as they confronted loss of hunting lands, as well as many other groups of Indians who lived in the Ozarks while being pushed westward, eventually to Indian Territory,
  • describing the landscape merely as rugged and rocky with poor soils, we learn that different groups of settlers had different preferences and abilities, which were applied to various types of forest, prairie and bottomlands, and
  • leaving out slavery and the economic contributions of enslaved persons, the earliest substantial industries, such as the Maramec ironworks, depended heavily on involuntary servitude, as did the founders of Springfield

There’s a good balance of cultural history, political history and economic history, leavened with a few tall tales, such as that of Duke, who tamed a herd of elk calves and taught them to pull his wagon, carrying him away from the Ozarks when too many settlers came in.

I’m anxious for the next volume, which takes up with the gathering clouds of the Civil War.

 

Are Indians extinct?


In this article from Missouri Life, “The Tribes of Missouri, Part 1: When the Osage & Missouria Reigned,” the author Ron Soodalter barely hints that the Osage and Missouria people are living people who maintain relationships with Missouri.

Admittedly, the focus of the article is historical. The Osage Nation has very competent academically-trained historians and archaeologists, and citizens who can relate oral histories that involve the Osage time in Missouri, who should have been consulted.

Magazine articles and museum curators who treat Indians as an extinct form of wildlife–or as extirpated in a particular region–are demeaning. The following two paragraphs are galling to me:

There are no full-blooded Missouria alive today; the last one died in 1985. Two centuries after their ancestors were absorbed into other tribes, the remnants of the once-powerful Niutachi exist only within the amalgamated tribal group formally known as the Otoe-Missouria.

Nor were these two tribes unique. After the various land-hungry nations staked their respective claims on the seemingly boundless expanse they called the New World, no tribe that had long occupied or settled in Missouri would ever again claim control over itself or its old way of life.

I hope the forthcoming installments in this series are different.

SB 656: Missouri’s New Statute on Carrying Concealed Firearms and Standing Your Ground


Springfield criminal defense attorney Shane Cantin has written a well-balanced article that examines Missouri’s new legislation, SB 656, “Missouri Concealed Carry & Castle Doctrine: What You Need to Know.”

SB 656 does away with the requirement of training and a permit for carrying concealed firearms. The business of concealed carry classes and permits will still go on, though perhaps with smaller enrollments.   Missourians carrying their weapons to states that require permits will need a permit from Missouri to carry a firearm in those states.

Because of the lack of necessity of attending a class and obtaining a permit, it is possible that more people will wish to buy handguns to carry. My guess, though, is that most of the people who wish to own handguns already have purchased them, and the new law will not boost sales. As young people turn 19 and thus fall under the new law, they may purchase handguns, and some of these may enjoy the hobby of collecting and trading guns. Events, such as the Orlando shooting and the election of candidates perceived as anti-gun, often spur gun sales, more than changes in state law. I wonder about how many people who once start carrying concealed firearms continue to do so.

The modification of the castle doctrine to a stand-your-ground law expands the scope of justification as a defense to the use of lethal force. The duty to first retreat and the requirement of being in one’s home or on one’s property are eliminated. While there may be an increase in shootings due to more people being armed and feeling empowered to use guns to resolve disputes and more opportunity for accidental shootings, I am not expecting there to be any substantial economic effect from the new law. The vast majority of people who lawfully carry guns will not display or use them.

 

 

 

 

Damming the Osage


Damming the Osage: The Conflicted Story of Lake of the Ozarks and Truman Reservoir by Leland and Crystal Payton.
Published by Lens & Pen Press, 4067 Franklin, Springfield MO 65807, $25 postpaid.
See http://www.dammingtheosage.com

dto-cover-720Leland and Crystal Payton, prolific authors of books with lots of photographs about the history and culture of the Ozarks and about American culture generally, have tackled the history of human use and transformation of the Osage River. Their focus is on the political and financial machinations which resulted in the construction of Bagnell Dam and Truman Dam and their impoundments in the along the northwestern boundary of the Missouri Ozarks. Their original photographs and reproductions of graphics from newspapers, maps, magazines and advertising materials, provide a collage of images of the area before and after its transformation, as well as the images created by promoters of how it might look.

The book covers the history of the residents of Osage basin, from prehistory to the present. From its origin in eastern Kansas to Bonnots Mill, the Osage flows through prairies along the northern Ozarks border into the Missouri River, at a point seven miles east of Jefferson City. Many and diverse primary sources, such as the writings of explorers and newspaper accounts, as well as the work of archaeologists, historians and other social scientists, make the book a rich trove.

The theme of book is consistent with my own take on the history of the development of North America over the past five centuries, which is that development has been driven by the opportunities created by government investment for private investors seeking wealth through the subdivision of real estate and exploitation of natural resources. George Washington was a land surveyor, as was Thomas Jefferson’s father Peter. The Washingtons, the Jeffersons and other promoters–working hand in hand with the government–used every public and private resource they could muster to carve up the Appalachian frontier and beyond into reservations, territories and states for private and public gain. Eventually, the whole country became subdivided. In the case of the valley of the Osage River, the land was divided into lake lots and condo units and multi-purpose reservoirs.

Bagnell Dam and Lake of the Ozarks

The Paytons identify Ralph Street, an “obscure Kansas City lawyer,” and Walter Craven, a mortgage banker also from Kansas City, as the fathers of Lake of the Ozarks. Street and Craven wangled a construction permit from the Federal Power Commission for the Bagnell Dam in 1924 and began acquiring options to buy land. The FPC and the Missouri Public Service Commission awarded permanent licenses for the project in 1926 to Craven, who transferred the licenses to Union Electric in 1929, after Craven failed to obtain construction financing.

Unlike other popular accounts of dam-building in the Ozarks, the Paytons pay careful attention to what existed at various times before the construction destroyed towns (Linn Creek) and roads that connected towns, cutting off neighbors from one another. The occupation by Osage Indians is described, as well as the vain attempts to modify the river to enhance navigation in the steamboat era. Later, the valley was the pathway of railroads, many of them unsuccessful. Some sites, such a Monegaw Springs in St. Clair County and Ha Ha Tonka in Camden County, were beautiful places that captured the dreams of real estate salesmen and promoters of tourism.Caplinger Mills

Once Bagnell Dam was completed in 1931, a particular flavor of tourist development was created around Lake of the Ozarks, remnants of which may be seen along the old parts of Missouri Highway 7 and US Highway 54 that have been bypassed by newer roads. The Paytons give us color and black-and-white reproductions of tourist pottery, wood carvings, fieldstone cabins, and garish billboards, as well as the intense condo development that came in the past two decades.

Truman Dam and Truman Lake

Though the Corps of Engineers had opposed the construction of dams, including Bagnell Dam, by private companies, the Corps did not have a clear legislative mandate to build dams for flood control, hydropower, and irrigation, though it had always been engaged in construction and maintenance of levees and drainage of wetlands. In 1926, Congress asked the Corps to study 180 rivers and their tributaries to examine the feasibility of federal construction of reservoirs. The Corps’ report on the Osage basin, delivered in 1933, proposed dams on Pomme de Terre, the Osage River above Osceola, and the Grand River just north of its confluence with the Osage. In 1944, FDR approved the Pick-Sloan Plan for development of the Missouri River basin, and the dams on the upper Osage were among the 107 dams authorized.

Pointing out that “Civic organizations in Warsaw, Clinton and Osceola were convinced that a dam, any dam, anywhere on the Osage would guarantee prosperity,” the Paytons designate Haysler A. Poague, a judge in Clinton, as the “stepfather” of the Truman Dam. Poague became an advocate of one large dam at Kaysinger Bluff near Warsaw, rather than the two smaller dams proposed by the Corps in 1933.

A massive flood in 1951 convinced Congress and the public that spending money to put people to work and to control and store water was worth doing; the Paytons do not point out that the most severe drought in recorded history followed the 1951 flooding, which surely added to the public support for a water project. However, funding of the project was delayed other priorities—the Vietnam War and the War on Poverty, according to the Paytons—but the land acquisition and construction began in the mid-1960s. In 1972, just as work was beginning on the dam, the Environmental Defense Fund, the Missouri chapter of the Wildlife Society, and several other organizations and citizens, including Leland Payton, filed suit in federal court seeking to stop the construction of the project.

The National Environmental Policy Act of 1969 (NEPA) required federally funded projects to be preceded by meaningful environmental impact statements, giving environmentalists a tool to challenge the adequacy of the investigation of ecological impacts of projects. In the case of the Truman Dam, the opponents were concerned about the fate of the paddlefish, among other issues, and could also point out that the cost-benefit analysis provided by the Corps strained to show net economic benefits.

The final third of Damming the Osage depicts the political and legal wrangling over whether Truman Dam and its impoundment would be completed.
Missouri’s congressional delegation led by Senator Stuart Symington, members of the state legislature, and virtually all local officials, as well as chambers of commerce, supported the project, even though biologists and many farmers opposed it.

While the town of Clinton seems to have held its own, most of the Truman Lake area has continued to decline. Missourians have had to cope with the negatives. The Missouri Department of Conservation learned to raise paddlefish in hatcheries, so that they would not be extirpated in the Osage basin. Engineering oversights resulted in fish kills below Truman Dam and massive erosion below Stockton Dam on the Sac River, a major tributary of the Osage, which required additional land acquisition and bank stabilization.

During the same era, the Corps of Engineers’ will and ability to marshal support for dam projects seems to have ended. The Endangered Species Act of 1973 provided environmentalists with stronger arguments. After tremendous fights, Congress deauthorized dam projects on the Meramec River in Missouri and the Buffalo River in Arkansas, as elected officials listened to a broader swath of their constituents and began to question the wisdom of destroying the last few free-flowing rivers.

The Paytons have captured the spirit of the times the book covered. The text is thorough and the images are vivid. While Leland Payton was clearly opposed to the construction of Truman Dam, the positions of the proponents are fairly explained. Damming the Osage is an essential chronicle of how dams and reservoirs gain momentum and get built, even though they make sense perhaps for only a minority.Truman Dam

Great food in an unexpected location: Sparta’s Mossy River Pie Hole


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I felt that the words above the window were speaking directly to me.

I couldn’t help but pull over while I was on one of my noontime foraging expeditions on the east side of Ozark, Missouri.

Set up under a shade tree at the corner of Missouri highways 14 and 125 in Sparta, about eight miles east of the Ozark WalMart and US 65, Gjetta Moss has just started her second month serving delicious lunches and suppers.

I keep coming back for more. Today I had lemonade from just-squeezed lemons, which paired perfectly with a BLT and peppery coleslaw.

Despite a couple of college degrees and years of restaurant experience, Gjetta hasn’t found the job she needs. She’s trying the time-honored bootstrap method of making her way in the world, keeping the overhead low and the quality of the food as high as she can make it, served with a big smile.Image

Sometimes judges really are funny


Judge Warren White of Greene County, Missouri, displayed a droll sense of humor, as recounted by the late John K. Hulston (1915-2004), in An Ozarks Lawyer’s Story, 1946-1976.

After conducting a new trial of George Wilkerson, who had served part of a six-year sentence in the state penitentiary before a successful appeal, Judge White found Wilkerson guilty and ordered him back to prison, in this 1941 case.

Wilkerson complained, “Judge, I can’t take it. That’s too long. I’m too old a man to serve a sentence like that. It will kill me. I’ll die up there.”

“Well, do all of it you can,” Judge White replied.

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