MAXWELL PLEDGES OT BUILD COHESION, BUT...

It sounded like a good idea for Joe Maxwell to resign his state Senate seat and be appointed to his new post as Missouri's lieutenant governor on Nov. 15 instead of waiting to be sworn in next January.

The lieutenant governor's position had been vacant since Roger Wilson was sworn in as governor following Mel Carnahan's fatal plane crash in October. The governor's death taught us how important it is to have someone else waiting to take the reins of state government.

Maxwell -- a Democrat from Mexico, Mo., who was elected to a full four-year term starting in January -- made an eloquent statement concerning his new office:

"I will make those decisions using my constitutional authority and statutory authority that are necessary to ensure that the Missouri Senate functions for the benefit of the citizens of this state. I do not plan on meddling in the Senate's business, but I will use the authority that I have, if necessary, to make sure the citizens of this state have a productive Senate."

There's just one problem with Wilson's early appointment of Maxwell to the post: It's expressly prohibited by Missouri statutes.

Section 105.030 lists the lieutenant governor among a handful of other officeholders who cannot be appointed by the governor.

In all practical terms, nothing will come of this unless someone sues. But the fact is this law has been ignored.