BE OUR GUEST: BACKHANDED TAX INCREASE STILL BEFORE THE COURTS

"You day gum guv'ment

You better pay attention

You're sitting up there like a fools convention

you sorry so and so's

you got your hands in every pocket of my clothes."

The song "Guv'ment" from Roger Miller's musical "Big River"

Government and taxes. It's the subject of songs, tea parties, and rebellion. In Missouri, it has also been a confusing shell game by the governor, legislators and the courts at the expense of every taxpayers in the state.

Now, a citizens' group called Missourians for Honesty on Taxation wants to stop the shell game in Jefferson City. We filed suit to force a popular vote on Senate Bill 380 -- the largest tax increase in Missouri without a vote of the people.

The most recent decision handed down by the Western Missouri District Court of Appeals has been viewed by most observers as a mixed ruling. While we didn't convince them to order the tax increase on the ballot (a knockout in boxing jargon) we did score several points and a couple of knockdowns. At this point we have decided not to pursue the challenge to the Missouri Supreme Court.

For example, the court's decision preserved the option that we can (and we will) revisit in the near future the earlier lawsuit that started this whole mess. The court said that Circuit Court Judge Byron Kinder still has jurisdiction and needs to revisit the entire issue. Upon completion of that court action it will be re-referred to the Missouri Supreme Court, possibly triggering the statewide vote in August 1996. It was our fear that failure to place the tax increase on this year's ballot would prohibit any future consideration.

We also successfully focused attention on Gov. Carnahan's and Speak Bob Griffin's dirty little secret: that through sleight of hand, legal hocus pocus and intimidation they raised your taxes at the clip of $350 million a year.

Carnahan, Griffin and Attorney General Jay Nixon may view this as a victory for them, but we don't. They may have won a battle but will find that they ultimately will lose the war, as they and their supporters stand for re-election this November and in November 1996.

I am convinced that they will soon discover that they have become entangled in the web of deception of their own crafting.

How did we arrive at this confusing situation?

Despite campaigning in 1992 on a pledge to place a $200 million tax increase before the voters, Carnahan within a few short months pushed through on the final day of the legislative session SB 380, a $350 million tax increase and a hodgepodge of school "reforms."

The political cover that the governor and his cohorts needed came in the form of a circuit court judge's decision that the current form of tax distribution was unconstitutional. Without waiting for appeal on a decision that was later ridiculed and found wanting, the Governor and legislative leaders began twisting arms, spinning scary stories, and deal making.

To get the necessary votes, Griffin wrote language into the bill which said that if the Missouri Supreme Court did not "affirm in whole or in part" the lower courts decision, then the issue (SB 380) would be placed on the ballot.

This gave the necessary political cover to those who wanted to raise taxes without facing the ire of the voters.

Due to the artful and incomplete manner in which Judge Kinder wrote his decision, the Supreme Court refused to issue a decision on the merits of the case, instead remanding the case back to him. Since they didn't "affirm" the lower court's decision, did that trigger the public vote?

That was our contention, but the courts said "no", that the original case is still floating around in legal limbo somewhere.

Yogi Berra said it best, "It ain't over till it's over." While we won't appeal the latest ruling, we will remain vigilant in our efforts. As the tax dollars continue to pour into Jefferson City we will shift our focus to the pending case.

Why is it not moving? Who is dragging their feet? If need be, we will intervene in the Kinder case to try and answer these questions and others and try to get the case resolved in a timely fashion.

Like a card dealer caught with an ace up his sleeve, Gov. Carnahan is calling us cheats. He has labeled us "anti-education," but nothing could be further from the truth.

It's now a question of principle. Will the public officials live up to their campaign promises, to what they write into legislation, or do they get away with evading the law with artful sleight of hand, getting the judiciary to do their dirty work? If the voters were smart enough to elect the politicians, why aren't they smart enough to vote on the tax increases that the politicians shove down their throats?

It's no wonder we see the overwhelming public distrust of government and overwhelming support for such efforts as Hancock II. It's time for the games to end.

Todd Smith of Sedalia is chairman of Missourians for Honesty on Taxation. He is a state representative from Pettis County.