DEATH PENALTY DEBATE Pg. 10

A JOURNAL OF FREE VOICES JUNE 17, 1988 • $1.50 Swing Voters The Myth of the Southern Electorate (Pg. 6)

- — ---\-=A- IPUg----/ ,..-• Onvakinima- ,,. ,. _ ...._ N;147 gin DIALOGUE NO No,. IL - . 1 •,-, • —.cyst.r'- , i ..,. .._ —...011 ' Ell 1 tai.• llit. --- to increase (not, as Ryan would have it, Preposterous decrease) spending for conventional defense r THE TEXAS (i. e. , the instruments of mass destruction Charge which are carrying out all of the murderous wars going on in the world at the moment) Ittir server Stung by recent epistolary charges that he and whose economic policies have been is an incompetent imitator of Alexander comfortably congratulated by The New York A JOURNAL OF FREE VOICES Cockburn, columnist for The Nation, Times as not appreciably different from We will serve no group or party but will hew hard to Richard Ryan responded by gratuitously those of George Bush would in fact be "the the truth as we find it and the right as we see it. We are dedicated to the whole truth, to human values slandering Cockburn as "perhaps the most most liberal nominee the party has ever above all interests, to the rights of humankind as the irresponsible writer alive" (TO, 5/6/88). produced." If this be "responsible" foundation of democracy; we will take orders from (Ryan is the Observer's so-called journalism, Mr. Ryan is welcome to it. In none but our own conscience, and never will we over- Washington correspondent, which the meantime, he should resist the urge, look or misrepresent the truth to serve the interests of the powerful or cater to the ignoble in the human spirit. apparently means he can publish any drivel borne of nothing but palpable envy, to make Writers are responsible for their own work, but not he likes as long as he keeps his D.C. vicious ad hominem attacks upon his literary for anything they have not themselves written, and in address.) Sustaining such a preposterous betters. publishing them we do not necessarily imply that we charge in the age of such journalistic Michael King agree with them because this is a journal of free voices. luminaries as Shirley Christian, Claire Houston Publisher: Ronnie Dugger Sterling, and James LeMoyne takes some Editor: Dave Denison doing, but Ryan leaps to his task. Associate Editor: Louis Dubose According to Ryan, Cockburn Devoid of Editorial Assistant: Kathleen Fitzgerald "misbehaves" in the pages of The Wall Editorial Intern: Shannon Stavinoha Wit and Content Calendar: Kathleen Fitzgerald Street Journal and Town and Country, "to Washington Correspondent: Richard Ryan support his upscale life style." Translation: Richard Ryan's letter (TO, 5/6/88) is Contributing Writers: Bill Adler, Betty Brink, Cockburn writes surpassingly well on typically devoid of all cognitive content. Warren Burnett, Jo Clifton, Craig Clifford, John politics and culture in such places as The Henry Faulk, Terry FitzPatrick, Gregg Franzwa, Ryan is nasty but he's no English wit. Bill Helmer, James Harrington, Amy Johnson, Nation, WSJ, House and Garden (a For him to suggest that his ad hominem slop Michael King, Dana Loy, Rick Piltz, Gary distinction with some difference but lost on bucket attacks are aimed at elitist intelligent Pomerantz, Susan Raleigh, John Schwartz, Reckless Ryan), The New York Review, readers is the ultimate insult to the readers Michael Ventura, Lawrence Walsh Grand Street, Mother Jones, among many Editorial Advisory Board: Frances Barton, of the Texas Observer. Austin; Elroy Bode, Kerrville; Chandler others, and he probably makes more money Ryan's tactics are the IQ level of Davidson, Houston; Bob Eckhardt, Washington, than Ryan, who is no doubt too pure to R. Emmett Tyrrell, Jr., of the American D.C.; Sissy Farenthold, Houston; Ruperto Garcia, accept payment for his work. Spectator. Tyrrell, not Cockburn, is Ryan's Austin; kiln Kenneth Galbraith, Cambridge, Ryan's real intent is to find a stick to Mass.; Lawrence Goodwyn, Durham, N.C.; role model. George Hendrick, Urbana, Ill.; Molly Ivins, beat Jesse Jackson with, so he condemns His latest inaccurate attack on Jackson is Austin; Larry L. King, Washington, D.C.; Maury what he calls Cockburn's "droning support" an example of his "charitable restraint." Maverick, Jr., San Antonio; Willie Morris, of Jackson. In fact, like the Observer, Please, keep this man on a short leash. Oxford, Miss.; Kaye Northcott, Austin; James Cockburn has consistently argued that Presley, Texarkana; Susan Reid, Austin; Geoffrey Michael Hardesty Rips, Austin; A.R. (Babe) Schwartz, Galveston; Jackson's greatest importance resides in the Emeryville, California Fred Schmidt, Fredericksburg; Robert Sherrill, populist and multi-racial movement he Tallahassee, Fla. represents, the only current national and Layout and Design: Layne Jackson progressive alternative to corporate politics- Typesetter: Becky Willard as-usual. Moreover, Cockburn has been In Bed Contributing Photographers: Vic Hinterlang, Bill quick to criticize Jackson when necessary With Podhoretz Leissner, Alan Pogue. (e. g. , for his "Hymietown" remark in 1984 Contributing Artists: Eric Avery, Tom Ballenger, Richard Bartholomew, Jeff Danziger, Beth and his recent opportunistic backtracking on Richard Ryan's judgment of Alexander Epstein, Dan Hubig, Pat Johnson, Kevin Kreneck, the need to talk to the P.L.O.). Cockburn as "perhaps the most Carlos Lowry, Ben Sargent, Dan Thibodeau, Gail But Ryan quickly passes on from this irresponsible writer alive" (TO, 5/20/88) Woods. breathtaking recital of outrages to place his places Ryan squarely in bed with that most Managing Publisher: Cliff Olofson own work in the tradition of Bacon, Hazlitt, rock-ribbed of right-wing journalists, Subscription Manager: Stefan Wanstrom and Arnold, "however bastardized the Norman Podhoretz. Podhoretz is quoted on Publishing Consultant: Frances Barton resemblance may be." One hesitates to the dust jacket of Cockburn's book, Hanno T. Beck Development Consultant: disturb Ryan's preening self-regard to point Corruptions of Empire, as follows: ". . . THE TEXAS OBSERVER (ISSN 0040-4519) is published biweekly except Cockburn's weekly pieces . . . have set a for a three-week interval between issues in January and July (25 issues per out, based only upon his scurrilous, year). Copyright 1988 © by the Texas Observer Publishing Co., 307 West inaccurate, and yes, irresponsible attack new standard of gutter journalism in this 7th Street, Austin, Texas 78701. Telephone: (512) 477-0746. Second class postage paid at Austin, Texas. upon Cockburn, the bloodlines of Messrs. country." I suppose it is possible that Ryan and Podhoretz are both right, but if Ryan's POSTMASTER: Send form 3579 to P.O. Box 49019, Austin, Texas 78765 Bacon, et al. , are in no danger of dilution from his deathless pen. Perhaps Ryan can best evidence of irresponsibility is SUBSCRIPTIONS: One year $27. two years $48, three years $69. Full- Cockburn's support of Jackson for time students $15 per year. Back issues $3 prepaid. Airmail, foreign, group, get a job (volunteer, of course) as a and bulk rates on request. Microfilm editions available from University speechwriter for Dukakis, whom he President, then what does that make the Microfilms Intl., 300 N. Zeeb Road, Ann Arbor, MI 48106. Any current subscriber who finds the price a burden should say so at renewal time no elsewhere praises effusively for being Observer? I cannot understand why Ryan one need forgo reading the Observer simply because of the cost. Address would want to work for an irresponsible all correspondence to: The Texas Observer, 307 West 7th Street, Austin, "boring." As his own columns are Texas 78701. comfortably high on the MEGO scale, he publication. should be an excellent choice to explain at Walter J. Ligon tedious length how a candidate who wishes Kingsland

2 • JUNE 17, 1988 EDITORIAL )0bNE TEXASserver JUNE 17, 1988 Something Happens VOLUME 80, No. 12

II T IS TRADITIONAL in election years Two years ago, there were 26 bank FEATURES to discuss "the economy" in terms of failures in this state. In 1987 the number a few standard indicators: the unemploy- rose to 50. This year there have been 32 The Nunn Factor ment rate, the rate of inflation, and interest already, and regulators are predicting 70 By James Ridgeway 4 rates. These three measures are usually banks will have failed by the time 1988 goes thought to be sufficient to tell voters whether out. The Savings & Loan industry is in such Dixieland Myths they are "better off" than they were at the a mess that at least one-third of the 281 By Thomas Ferguson 6 time of the previous election. Texas thrifts are said to be insolvent and Executions and the This year nobody lists inflation as the probably will be phased out of existence by number one problem facing the country (the the time federal regulators get through with Burden of Pain drug problem is the currently fashionable their emergency "Southwest Plan." By Helen Prejean 8 subject), and the nation's unemployment The government's answer to the banking rate has dropped to 5.6 percent. Interest On Capital Punishment and S&L crisis is to desperately promote Gara LaMarche and rates are not at the memorable altitudes they mergers between weak institutions and Cappy Eads 10 hit under the Carter administration. Conven- strong ones. In the world of banking, where tional wisdom would suggest, then, that the over the years mammoth-sized institutions Nuclear Nevada Reagan administration has delivered a sound have grown up, the government is being By Gary Rasp 14 economy and the Democrats have little forced to bail out those that are thought to chance of regaining the White House. be too big to let fail. Last year the feds So why, pondered Dallas Times Herald moved in to rescue Houston's First City DEPARTMENTS political reporter Cheryl Arvidson in a Bancorp. with a $1.5 billion plan. This recent news analysis, is it not necessarily spring it was First Republicbank Corp. of Dialogue 2 so? What is that faint whiff of voter Dallas that needed a $1 billion injection from Editorial 3 uneasiness that threatens to drive the the government. Some experts are predict- Republicans out of power? "Something else ing that the full bailout of First Republic Political Intelligence 16 is going on," Arvidson reports, "something may be close to the $4.5 billion it took to that has left public-opinion pollsters scratch- save Chicago's Continental Illinois in 1984. Books and the Culture ing their heads." Industry apologists are fond of saying that Chronicle of a The Dallas Times Herald story quotes a banks and S&L's are the victims of Death Foretold professional head-scratcher as such: "There economic forces beyond their control, such By Louis Dubose 19 is something in the present period that has as the drop in the price of oil. But the trend Boys of a broken the link between the [economic] toward industry deregulation is undoubtedly Distant Summer indicators and the public mood. They're a factor as well. And federal investigators By Richard Ryan 20 uneasy about the future. . . . There are very looking into fraud and criminal abuse of Afterword pronounced anxieties. . . ." But aside from financial institutions are beginning to docu- The Power and the Image trotting out the budget deficit and the trade ment what looks to be the most extensive By Tom McClellan 22 deficit, writer and pollster failed to define white-collar crime wave in recent history. the exact nature of the public's anxieties Now who will pay the price to get the about the economy. banks back on their feet? The costs will be To do so would require, first of all, the absorbed by the taxpayers and by the banks' billions in taxpayer funds it will take to clean presumption that fundamental questions everyday customers. One need only turn to up the mess. Fred Harris, the Oklahoma about the economy are not addressed by the a recent Wall Street Journal dispatch from populist, wrote several years ago that the usual statistics. Low rates of inflation or Lufkin to see which way the wind is danger of allowing banks and corporations unemployment do not necessarily translate blowing. The East Texas town had the to go on merger frenzies is that you create into economic well-being. Indeed, the misfortune to be invaded in the 1970s by "dinosaurs that one day show up at our door standard election-year chatter hardly ever First Republic of Dallas and First City of saying 'If you don't feed me, I will die' addresses the issues of economic power and Houston, offering all the conveniences of — the alternative being a dead, ten-ton economic decision-making that ought to be big-city banking. But now that the two bank carcass stinking up our front steps." crucial to any discussion of what is holding companies are in such trouble, the And that is just the point. As the banks happening with the economy. banks are "systematically cutting local and "thrifts" and industrial corporations get Consider, for example, in the light of borrowers' loans and credit lines," the bigger and bigger, government tends to economic indicators that suggest we are Journal reported. Some small business become a handmaiden, customers become living in prosperous times, the upheavals owners are summarily being ordered to pay figures on a spread sheet, and workers that we have been seeing in the last two off their loans and others can no longer get become expendable drones. Eight years of years in the banking and Savings & Loan the credit they need to survive. And Reaganism have only intensified the concen- industries. This is what is thought of as a "deposits generated in places such as Lufkin tration of power and wealth, all the while "troubled sector" but, still, there are are being used to refinance shaky real-estate in the name of "free enterprise." Maybe important clues about the economy as a and energy loans in Dallas and Houston," this is what people are getting at when they whole to be found in the distress in the according to the report. tell pollsters the economy is on the wrong financial world. Nobody has the slightest idea how many track. —D.D.

THE TEXAS OBSERVER • 3 The Nunn Factor Here's a Candidate for the Scoop Jackson Crowd BY JAMES RIDGEWAY

Washington, D.C. to Jonas Savimbi's guerrilla army UNITA, ONSER.VATIVE DEMOCRATS, which with South African support is fighting veterans of many a failed attempt the government of Angola. As blacks in to elect their favorites as President, South Africa rose in a broad-based move- C ment against apartheid, Nunn vied with are mobilizing behind Sam Nunn for Vice President. The Democratic right wing, Reagan to see who could be more reluctant having been rejected at the polls this year, in supporting the movement. During the is busily at work in the back rooms. In the sanctions debate in August 1986, Nunn view of official Washington, Nunn would voted against the Cranston amendment, afford the party a chance of winning back which would have banned all trade with the South, and more importantly would South Africa, mandated disinvestment, and return the Democratic Party to what the pros terminated landing rights for South African — against most evidence — insist is its true airlines. This measure had passed the House nature and the source of its appeal, namely but was successfully beaten 65 to 33 in the the Cold War ideology whose Democratic Republican-controlled Senate. Having op- patron saint has been the late Washington posed sanctions, Nunn went out of his way Senator Henry "Scoop" Jackson. to back Jesse Helms in a veiled effort on At first blush, Nunn might indeed appear behalf of the apartheid government — he to be an attractive, eclectic blend of New promoted a Helms amendment to support South politics, a wily Senator in the Sam GAIL WOODS South African negotiations with groups Erwin mode. When Reagan sought to Sam Nunn other than the ANC and PAC, the two main reinterpret the ABM treaty in order to opposition groups. These positions put Nunn accommodate Star Wars, Nunn's adroit who heads the Democratic Leadership in close alignment with the Reagan maneuvering in the Senate saved the treaty Council and concocted the idea of Super Administration on southern Africa, not to and put a brake on SDI. However, once Tuesday, wanted Nunn to run for President. mention directly at odds with Jesse Nunn had outperformed the administration Such disparate figures as Barry Goldwater Jackson's campaign. he stunned his admirers by proposing his and I. F. Stone say they'd vote for him to Nunn has a poor civil rights record — own, more limited form of Star Wars. This be President. Al Hunt, Washington bureau predictable behavior, perhaps, from a man year, Nunn has stood firmly behind the INF chief of The Wall Street Journal, is wild who backed Wallace for President in 1972. treaty, working hard to clarify its language about Nunn and thinks American An analysis by Congressional Quarterly in order to forestall future reinterpretations governmental practice ought to reveals that in 1973 Nunn was one of 13 of the treaty that would accommodate Star accommodate him as Vice President and Senators who opposed renewing the land- Wars-type projects. Nunn's powers of Secretary of State simultaneously. For the mark 1965 Voting Rights Act. The Voting persuasion are known to be great, given that black political establishment of Atlanta, who Rights Act put an end to obvious voter he convinced both Hubert Humphrey and watched Jesse Jackson's march across the discrimination and gave the federal govern- Frank Church to support the neutron bomb. South toward Super Tuesday with ill- ment authority to monitor election practices He's among Congress's conventional-war- concealed trepidation, Nunn is a native son in states with a history of racial bias. Nunn fare enthusiasts, is for development of they know and can support. "We in the said the legislation would punish the South chemical weapons, and has raised anew the South certainly want to see Senator Nunn and discourage efforts by state officials to prospect of a draft. He's politically shrewd, run," Congressman John Lewis, a black get blacks to register. He claimed the or at least slippery, having voted both for former civil rights leader, told the legislation contained a "built-in inequity to and against the B1 bomber: for it at the Washington Times last year. "Because of seven states in this country." In the end behest of important constituents and against his expertise, particularly on defense issues, Nunn voted for the voting rights bill, but it in deference to then President and fellow he would make a great leader." As it turned he supported most of the weakening amend- Georgian Jimmy Carter. As chairman of the out, of course, Nunn didn't run, instead ments, and he voted against ending a Senate Armed Services Committee, it's hard supporting Al Gore. The fiasco with Mayor filibuster against the bill. In housing policy, to believe Nunn didn't know what was going Koch in New York left the Georgian Nunn cast a December 1980 swing vote to on in Nicaragua; on the Iran-Contra unmoved. "I still support Al Gore," he said continue a successful filibuster against committee, he at least gave the appearance recently. "Mayor Koch's support was legislation that would have given the of being an eager and surprised student. On sought by Senator Gore, and I know it was Department of Housing and Urban Develop- litmus-test domestic issues, he voted against appreciated." ment new authority — fines and injunctions Bork, Renhquist, and Manion, and even Unfortunately the positions that endear — to stop housing discrimination. opposed Ed Meese's confirmation as Nunn to pols and pundits may alienate the In 1982 Nunn again joined Jesse Helms, Attorney General. Senator from the party's wider base, and this time on a bill to prohibit federal courts Former Virginia Governor Chuck Robb, in particular from black voters. from hearing cases involving public-school Consider U.S. policy toward southern prayer or challenges to proposed Africa. In 1985, Nunn, siding with the antiabortion laws — seeking thereby to leave James Ridgeway's column, "The Moving covert warriors in the Reagan Administra- authority in the more conservative state and Target," which appears first in the Village tion, supported the successful repeal of the local courts. On two different occasions he Voice, is a regular feature of the Observer. Clark amendment, which had banned aid has voted against the Equal Rights Amend-

4 • JUNE 17, 1988 ment, and in 1983 he supported a proposed crats sent no less than three candidates into constitutional amendment to make abortion the fray — Babbitt, Gephardt, and Gore. ANDERSON & COIVIPA ► T illegal. None of them proved to be serious contend- COFFEE ers. TEA SPICES HEN IT COMES to economics Now the rightwingers in the party will TW() JEFFERSONWARE Nunn is well to the right: In 1981 attempt to gain by brokerage what they AUSTINTEXAS =ft W he voted against an amendment couldn't gain at the ballot box. But even 512 453-1533 guaranteeing minimum social security bene- if they get a conservative on the ticket, most Send me your list. fits. He has attacked the regulatory authority of the true Scoop Jackson Democrats Name of the Federal Trade Commission, sup- probably will vote for the real thing anyway ported cuts in domestic social programs, — George Bush. ❑ Street backed nuclear power and synthetic fuels, and opposed efforts to strengthen Superfund ,City Zip legislation aimed at cleaning up toxic wastes. He joined in Reagan's early supply- side .tax cuts, which transferred wealth to the rich. He has long been a keen supporter of the Our outstanding lunches contra war in Nicaragua. In April 1985, have been an Austin must for while Oliver North was mounting the secret Listed On The National Register eleven years. Our international enterprise to conduct the war, theAdminis- grocery features food and wine tration fought to win congressional approval of Historic Places from around' the world. Come for so-called humanitarian aid. Nunn was all for it. He backed renewal of humanitar- "Go gather by the humming sea see us at our new home. ian aid, including shared intelligence and Some twisted, echo-harboring shell, an economic embargo of Nicaragua. "I And to it all thy secrets tell" don't think a military solution is possible," W. B. Yeats Oommon he told an audience last year. "But I do not think a diplomatic solution is possible (512) 749-5555 MBRISET without military leverage." 1610 San Antonio Nunn's political philosophy, despite his P.O. Box 8 Austin, Tex. 78701 472-1900 curious reputation for great intelligence, is Port Aransas, TX 78373 Hours: 7am — 7pm Mon. to Fri. fairly simple. "The Democratic Party, since and 8am — 4pm on Sat the Vietnam era, has been perceived as being to the left of center," Nunn told Donald Lambro of the Washington Times in August 1986. "And that's come about primarily in the area of foreign policy, defense, and in fiscal perceptions." Pursuit *THE AUSTIN* of these policies (and, presumably, "perceptions") led, in Nunn's view, to "distrust of the Democratic Party." "I'm always amazed," he continued, "when I see people on the far left talk about how the Democratic Party's got to remain on the left because that's where it belongs CHRONICLE in the political spectrum.' That hasn't been where the party has been on the foreign- policy and defense side historically." The politics of the Scoop Jackson right Austin politics. are most forcefully advanced within the hierarchy of the AFL-CIO, by the press, Austin entertainment. and within different political organizations that function as appendages of the Demo- cratic Party. Chief among these is the Austin iconoclasm. Democratic Leadership Council, where Nunn sits with Robb, Al Gore, Bruce For seven years now, the Austin Chronicle has been keeping Babbitt, and Dick Gephardt, among others. Adjacent to the council is the Coalition for tabs on the social and political kaleidoscope that is Texas' a Democratic Majority, headed by Ben capital city. From the South Texas Nuclear Project to Wattenberg, a former Scoop Jackson ad- Greater Tuna, from the war between the developers and the viser, and run by Penn Kemble, best known for his advocacy of the contra war. environmentalists to the battles for arts funding, from Bill This wing of the party, which traces it Clements to the Butthole Surfers, the Chronicle covers it all. roots back to the witch hunts of McCarthy- ism, has had little success in winning votes. Available free at over 350 locations throughout the central Texas area, or by Scoop Jackson himself unsuccessfully ran subscription ($25 bulk mail, $40 first class) from PO Box 49066, Austin 78765. for President in both 1972 and 1976. The Advertising: (512) 473-8200 Editorial: (512) 473-8995 much ballyhooed John Glenn fizzled in 1984. This year the Scoop Jackson Demo-

THE TEXAS OBSERVER • 5 [Dixieland Myths BY THOMAS FERGUSON

N THE EARLY SPRING of 1983, as the South as the happy hunting ground of T IS TRUE THAT the South remains John Glenn kicked off his campaign for right-wing Democratic politics as the 1988 a bit more conservative than the rest I the Democratic Presidential nomina- Democratic Presidential election ap- I of the United States in religious tion, "Dixie" was the number one tune on proached. conviction, morals, and some "social" the hit parade of American political com- This time the siren's song — and promises attitudes. Even before the recent revelations mentary. of substantial campaign support advanced of infernal doings in Charlotte, North In the South, ran the catchy refrain, Glenn by a patriotic group of mostly Northern Carolina, and Baton Rouge, Louisiana, for would be invincible. Incarnating the region's businessmen with a solicitous interest in example, Southerners were rather more characteristic ideals of order, fiscal auster- Dixie — induced Tennessee Senator Al Gore likely than other citizens to affirm the real ity, morality, and a bristling defense, the to repudiate the New Deal past of his famous existence of the devil. Ohio Senator with the Eisenhower-like smile father and run as an avowed hawk in the In polls with statistical margins of error would win back moderate white "swing" Glenn mold. of from three to five percentage points, voters. These, the chorus insisted, had been Once again, however, the electorate about nine percent more Southerners than put off by the donkey's leftward refused to go for it. Despite intense support other Americans are also likely to tell meanderings since the sixties, and were now from many local Democratic political interviewers that religion is "very impor- otherwise lost to the party. machines, including most of the Texas state tant" in their lives; about 17 percent more As often happens in the world of popular party apparatus, and Gore's decision to describe themselves as "evangelicals" or songs, however, reality proved refractory. concentrate almost exclusively on the South, "born again"' while about 16 percent fewer Despite the lavish PR campaign, the former polls taken just before Super Tuesday than in the rest of the country approve of astronaut's campaign failed to get off the suggested that Gore was in danger of premarital sex. launching pad. Soon the only feature about finishing fourth. Perhaps remembering the How much of a difference all this will it that was even vaguely reminiscent of the fate of his Senate colleague from Ohio, Al make to the 1988 Presidential campaign is South was that it was gone with the wind. Gore did not stand on principle. Making debatable. Were Dukakis to run as an atheist During the media buildup to the 1986 timely use of Yankee lucre, the Gore or an advocate of free love, it might well Congressional elections, a strikingly similar campaign produced a last-minute wave of make a great deal of difference. Otherwise, tune again caught on. For months, the media new television ads . Born again as a populist it probably won't. (Opinion on abortion in speculated that a dramatic realignment of in the nick of time (it is to be regretted that the South differs only modestly from that American politics impended. The general no polling organization thought to ask how in the rest of the country, and it does not picture had Southern white voters on the many voters believed they were voting for closely follow partisan lines.) Though it verge of a headlong stampede to the GOP. his father), Gore garnered barely more than surprises many people, it is a fact that until Many analysts also pointed to the Demo- a third of the vote — finishing virtually even he became vulnerable on what might be crats' lingering identification with the New with a black man and a New England ethnic. termed the seventh commandment issue, Deal as a leading cause of this stampede One might think that in politics, as in Gary Hart was taking the largest share of- and hinted broadly that the party's liberal baseball, three strikes means out. Yet no the evangelical vote in the South — far more legacy was dragging it down. sooner did the Gore campaign stagger to than Gore and, it appears, much more than On election night, of course, the Demo- its ignominious end in the New York Robertson. crats won back control of the Senate, riding Democratic primary, than the same old But to see how shallow the roots of this a wave of liberal victories that stretched Dixieland jazz once again started blaring latest Dixieland revival really are, it is from Georgia to the Dakotas. over the airwaves. instructive to examine the distribution of But music, as Plato (who shrewdly Save for Newsweek (which has talked up opinions on the workaday political questions proposed to regulate it in his ideal republic) the candidacy of Florida Senator Bob that usually fill Presidential polls. Here one noted, possesses an uncanny ability to Graham, the half-brother of the late husband discovers a fact that, considering all the dominate the rational element in humans. of Katherine Ann Graham, the chairman of caterwauling about the distinctiveness of the Unfazed by their experiences, media com- the board of the company that owns South, is truly remarkable: South/non-South mentators again focused overwhelmingly on Newsweek), the chorus is now serenading differences usually don't exist. When they Georgia Senator Sam Nunn as the natural do, they are minute — often failing to attain Thomas Ferguson is Professor of inheritor of the mantle of Jefferson Davis statistical significance. Polls, indeed, are Government, University of Texas at Austin and Woodrow Wilson. Otherwise nothing increasingly failing to report them because (currently Visiting Professor of Political has changed from the earlier cases of Glenn they just don't matter. Science and Fellow in the McCormack and Gore. The words and the music —all Particularly instructive in the light of the Institute for Public Policy at the University the talk of swing voters and conservatism, recent Nunn boom is a poll recently released of Massachusetts, Boston). He is the the need for reassurance on foreign policy by the World Policy Institute. Asked coauthor of Right Turn: The Decline of the and defense — are precisely the same. As whether the U.S. should spend more or less Democrats and the Future of American will be what happens if the Dukakis camp money on a set of policy areas, 82 percent Politics. A version of this article originally is silly enough to fall for this Southern-fried of the total sample (and 84 percent of appeared in The Nation. foolishness. Southerners) said they preferred the U.S.

6 • JUNE 17, 1988 to spend more promoting economic growth ences). at home. Similar landslide percentages (82 What has changed, however, are public percent overall, 80 percent in the South) perceptions of the Democrats on these registered in favor of additional spending questions. Put bluntly, after the brutal on education. In stark contrast, only 28 austerity of 1980 and the fiaSco of 1984, percent of the total sample (27 percent in when the Democrats promised to do nothing the South) favored more defense spending for anyone except raise their taxes, the party — a result consistent with a Gallup Poll has squandered most of the good will it taken in January that showed exactly eight derived from the New Deal. As a glance percent of registered voters listing defense at the polls will show, it has contrived to as the most important campaign issue. (Nine blow what should be its natural advantage percent indicated U.S.-Soviet relations as — its identification as the obvious party of most important — scarcely an argument for prosperity.

a Nunn Vice Presidency, since polls It has done this less because of anything SEA. consistently show huge margins of support 7a the Republicans have done — the Reagan '$) both for improving relations with the Soviets economic record is not impressive and in and the INF Treaty that Senator Nunn has some respects is truly alarming — than FR not exactly embraced with open arms.) because of what the Democrats themselves It is not even true that swing voters are have failed to do. At this moment, enormous uniquely concentrated in the South. A recent majorities in all regions of the country favor New York Times essay repeating many of raising the minimum wage (77 percent in the bromides about the key role of Southern a recent Gallup Poll). Some 25 percent of Q-k•eicrur-- white "moderates," for example, contained all Democratic voters on Super Tuesday a striking table breaking out "swing mentioned fears about Social Security as a Tile Official Langnage Movement Brings You: voters," defined as those who had voted reason for their vote. More than 80 percent Texas in Translation for Reagan in 1984 and now were either of the public in all regions also favors plant- uncertain or inclined toward the Democrats. closing legislation, and there is strong The table, however, did not contain a support for national health insurance as well . .• regional breakdown. When asked, the (interestingly, the Gallup Poll suggests that (Poster Size is 10" x 15") CBS/Times staff readily supplied the infor- Southerners are more likely than other mation — and, as usual, the differences Americans to worry about medical ex- between the South and other regions were penses). not significant. (The results, indeed, sug- Last year, as he inspected his three Finally! gested that a higher percentage of swing percent standing in the national polls (eleven voters might be found in the Midwest.) percent in the South) and, perhaps, drew The Texas Map you English- It is true that Southerners are often a bit some lessons from the stirring mobilization Speakers have been waiting more likely than the rest of the country to that induced most Southern Democratic for. Here is the New Texas, approve of the way President Reagan is Senators to vote against the Bork nomina- free of all those hard-to- handling his job. But the difference, again, tion, Sam Nunn prudently chose to be right is not large and in some recent Los Angeles rather than President. pronounce place names. Times polls virtually vanishes when one If the Democratic elites who gave us the Here is Texas in English — combines responses for what the Times War in Vietnam, the alliance with the Shah, like God intended. Remem- distinguishes as the "new" and the "deep" Paul Volcker, and the Contras persist in South. their determination to put Nunn or some ber, it may be too late for Southerners are also less likely to call other conservative Southern foreign policy English First, but not for themselves "liberals," by about three music man on the ticket instead of someone percent. It is well known, however, that in who can identify convincingly with the English Now! American politics, labels predict very little economic problems of ordinary Americans, about behavior — that, for example, many they had better be prepared to face the Americans who shy "instinctively" from music: essentially no appeal to swing non- YES. SEND ME JEFF DANZIGER'S identifying themselves as liberals in ideolog- voters, the loss of many of Jesse Jackson's AMENDED MAP OF TEXAS ical terms nevertheless are deeply attached supporters, and no cross-cutting reply to the I ENCLOSE $5 TO COVER to liberal policies. inevitable GOP symbolic appeals — in short, PRINTING, POSTAGE, & HANDLING another self-induced electoral disaster. As HIS BRINGS US to the real choice they get set once more to come before the that Dukakis must now make, and public empty-handed, therefore, let them T which accounts for the insistent ponder again the meaning of 1986 and the Bourbon Street beat in the Democratic fate of Glenn and Gore. In the words of Party. What are perhaps the most accurate the most memorable slogan to. come out of evaluations of the sources of the recent the 1988 campaign, this time there had

Democratic decline in public esteem (and better be "no excuses." ❑ here, perhaps not surprisingly, I feel inclined to mention my own coauthored account, but also Professor Stanley Kelley state zip of Princeton's entirely independent efforts) stress that public support for "New Deal" FOR LIBERAL PORTIONS issues has not diminished at all in recent AT CONSERVATIVE PRICES years (and, I might add, that Kelley's The Texas Observer, * REMEMBER SCHOLZ GARDEN * unpublished data confirm, as usual, the 307 W. 7th, Austin, TX 78701 unimportance of South/non-South differ- * 1607 San Jacinto * 477.4171 *

THE TEXAS OBSERVER • 7 S AY Executions and Burden of Pain

BY HELEN PREJEAN

T'S SHORTLY BEFORE midnight as "Another death by violence and another no one could win, I thought. The day came I drive up to the gates of the Louisiana mother buries her child." to an end. Everyone was leaving. Elizabeth I State Penitentiary, 18,000 acres at the As we were leaving, Vernon glowered was standing by the door. I hadn't seen her end of a serpentine road. At midnight a at me, "What are you doing with that scum? ahead of time and suddenly there she was convicted murderer will die in the electric You ought to be helping victims' families." and there I was. She said, "You haven't chair, a somewhat common occurrence in I felt like I was betraying them, like I even looked at us all day. When are you Louisiana, one of the four Southern states was adding to their grief. They had lost a coming to see us?" carrying out 70 percent of U.S. executions. daughter in the most heinous way you can I was stunned. I told her that if they I've come with a few other nuns to imagine, and here was a naive, bleeding- wanted me to come and visit I would be support a Sister when she returns to the front heart, what-did-I-know-I-never-had-a- glad to come. I realized that in their sorrow gate after the execution. It's her nephew loved-one-murdered nun adding to their they must be lonely, but, more than that, who will die in the electric chair and she, grief. it was rough-going for anyone trying to as his spiritual advisor, will witness his I decided to avoid them. organize victims' rights in Louisiana. We death. Over the last several years, after witness- all were, after all, salmon swimming against "Please, Lord, don't let the Harveys be ing three executions, I had become, perhaps, the currents. Maybe, despite our opposite here," I pray as we drive up. But there they the state's most vocal opponent to capital views on executions, we might have are, clear in the amber prison floodlights punishment, leading public discussions and something in common .. . — Vernon, Elizabeth, and their 15-year-old conducting educational seminars. I had seen I had found out that Vernon likes apple daughter Lizabeth — seated in folding chairs at close range the formalized cruelty of the pie. I decided: bake an apple pie. When near the prison gates. I shore up my soul. death penalty and in a white hot heat had the sorrow and conflict and bewilderment Before the night is over I will talk to them. dug out facts about legalized death by the are overwhelming and you don't know what It won't be the first time. The Harveys are state and learned how it is not working — else to do — bake an apple pie. there to celebrate the execution. for anyone. It is ineffective, extremely A couple of weeks later I was at their A few friends are with them, and so are costly, and blatantly discriminatory against house with my pie. Vernon, at the time, their posterboard signs, propped up on poor people and, particularly those who kill was recuperating from hip surgery. He was chairs. They haven't missed an execution whites. Once I knew the pattern, I was not glad to get the pie. Elizabeth remarked, yet since their 18-year-old daughter, Faith, surprised to learn that 90 percent of all U.S. "For disagreeing with someone so strongly, was raped and stabbed to death. When one executions take place in nine Southern you sure are tearing into her pie." It made of her murderers was electrocuted (the other states. Along with educational lectures, I me smile. Things were better between us. got life), Vernon was a front-row witness, also participated in public demonstrations. Some months later our abolitionist group while the rest of the family and friends broke But every time we held a demonstration, staged a march across the state, ending at out a bottle of bourbon and danced. It had the Harveys were there to confront us with .the steps of the Louisiana Supreme Court been a big news event. A picture of them their friends and their signs and they always building in New Orleans. As expected, the celebrating appeared in Life, a two-page said to me, "What about the victims?" Harveys were there to meet us. At one point spread. I was afraid. I had made efforts to reach during the rally we gave the microphone But when the murderer, Robert Willie, out to the victims' families of death row to Elizabeth, who said to the group, died, I had been with him. I had been his inmates I had befriended, but most often "Congress is about to cut funds to victims' spiritual advisor. they would only rage at me. They could families. Will you write letters with us?" "I can't wait to see the S.O.B. fry," not tolerate anyone showing compassion to The crowd applauded. Within the week we Vernon had told the press beforehand. the one who has murdered their loved one. drew up a petition to our Representatives "I want you to see one loving face when Better to stay away. and I sent a copy to the Harveys with a you die," I had told Robert. Two years went by. note promising more support. Immediately after the execution the press One Saturday in New Orleans our "Come with us to a Parents of Murdered had surged around us. abolition group sponsored a seminar on the Children meeting," Vernon said. "I feel better now, knowing we're all safe death penalty. Not abig event by any means, from that scum," Vernon said, "but he died mostly attended by a hundred or so of those ELIEVE ME, I took a deep breath too quick. I hope he's burning in hell." most dedicated to the cause. Proponents of before I opened the door that led "What is accomplished?" I asked. the death penalty never came to these kinds B into that meeting. I looked for the of events. Almost never. The Harveys Harveys across the room. "Hey, look, she's Helen Prejean is the founder and director came. coming around," Vernon said to friends of Pilgrimage for Life, a statewide citizens I looked across the room and saw them nearby. group in Louisiana, working to abolish the and averted my eyes. All day I avoided I was nervous. I sat next to the Harveys death penalty. them. Best to avoid a confrontation where and felt safer. I felt guilty too. It had taken

8 • JUNE 17, 1988 me four years to get to one of these formed a small circle. They hold lighted And everyone leaves to go home. Every- meetings. candles and pray. Some of the words to God one but the Harveys and me. The motto of the group is "Give sorrow float over, words that the victims' families I'm waiting for one of the reporters to words," and, oh, God, they did: couldn't disagree with more. come out of the prison. She's British and "He was going out to be with the guys. The couple seated near the Harveys had I had agreed to ride back to New Orleans `Take your jacket,' I said. Those were my a daughter murdered several years ago. The with her. The Harveys drive up to where last words to him . . ." felon got a life sentence. They drive over I'm standing. Vernon says to me, "Look, "My little 12-year-old girl was stabbed a hundred miles to the penitentiary to join I'm sorry she said those things to you. I to death in our back yard by my son's best the Harveys for executions. guess she's just upset." I say its O.K., I friend. He had spent the night at our house The woman asks me, "Have you read know she's hurting, and thank him and and gone to church with us that every the Bible, the part where God says, 'an eye Elizabeth for coming to my defense. I lean morning. Her skiing outfit is still in her for a eye' and 'whosoever doth shed blood toward them there in the front seat, my arm closet. I can't touch it . . ." shall have his blood shed'?" I say, yes, I resting on the ledge of the open window, "When our child was killed it took over am familiar with the quote. and we talk there for awhile, sometimes a week to find her body. The D.A.'s office "Do you know what Romans 13 says?" serious, sometimes teasing, Vernon giving treated us like we were the criminals. she asks. me his pet arguments for the death penalty, Whenever we telephoned to find out what "About obeying civil authority, obeying which I practically know by heart now, and was happening, they brushed us off . . ." the law, is that the one you mean?" I my countering with, "Now., Vernon . . ." "Our daughter was killed by her ex- answer. I tell them that we've gotten a small grant husband in our front yard with her children "Yes," she says, her voice clipped. Then for a victims' advocacy office and that soon watching. Bang! Bang! Bang! he shot her, she doesn't want to talk to me anymore we hope to have a person working full time. then himself. The ambulance parked a block about the Bible, about anything. She tells I touch him on the arm. I tell him to take away and the attendants wouldn't touch her. me to go away and leave them alone. "I'm care of his hip. He says something teasing I screamed at them, 'She's still breathing. sorry about your daughter," I say as I move and everyone laughs, including Lizabeth in Help her!' But they had a rule that they away. I hear Elizabeth: "She's alright. She the back seat who listens and chimes in and couldn't help a victim until a police car doesn't try to change us." And I hear pokes her father affectionately on the back arrived . . ." Vernon saying something and then I'm with of the head. "Friends avoid us because they don't the Sisters praying and looking at my watch They drive off and I stand there alone, know what to say. If you bring up your and knowing what's going on inside the waiting for the reporter to come. The guards child's death, they change the subject . . ." prison and I can't hear them anymore. observing from the front gate must be "We went to the sheriff's office to apply The execution is carried out. puzzled. They know the Harveys. They for the Victim Compensation Funds. A The guards at the gate announce the time know me. Seeing us together like that they deputy rifled through a file and said, 'Don't of death. might almost think we're friends. know about those funds. Why don't you The news media interviews us. 0 write to Ann Landers? She helps peo- ple.' . . ." Vernon started to talk about Faith. His voice quavered and halted, his face crum- bled. For a while there was silence in the room. Afterwards, in the parking lot, Vernon and Elizabeth told me goodnight. Their COLOR faces said everything. I walked over to my car and made one of those quiet effective decisions, the kind that sprout as soon as you get them in the soil. From that moment 1)1\11[r 6 SNITS I Nk% YO4K,Kf until now I have worked to establish an advocacy group for victims of violent crime. Color work has come a long way since you Now it's almost a year after that meeting and here I am at the gates of the prison were in grade school. Lasers and hi-tech walking over to talk to the Harveys. "How y'all doing?" I say as I meet them. I nod processes have entered the printing market. respectfully toward the couple with them. We're here to help you through your product Things are stiff. "Hey, take a look at our new poster," production — every step of the way! Call us Vernon says. I look at his poster board. It's at 442-7836 for a quote on your next project. done in two frames, the first with the words in bold black letters: "Murderer's Rights: you have a right to an attorney ... " and Em loyee Owned and Managed the second frame shows a tombstone with "R.I.P." on it and the words above it, "You have a right to remain silent." "He'll be silent all right — forever," Vernon chuck- les. I admit that the poster makes its point COMMUNICATIONS, INC. very well. Next to them are signs I've seen AUSTIN, TEXAS before. One of them says, "Tell them about Jesus, then put them in the electric chair." 1714 S. Congress 442-7836 "How's the hip?" I ask Vernon. "Comin' along," he says. Data Processing • Typesetting • Printing • Mailing About 40 feet away my fellow nuns have

THE TEXAS OBSERVER • 9 SCHOLZ GARDEN DEBATE On Capital Punishment

Editor's note: On May 23 the Observer co- If you are on Death Row, you are unlikely to tell you is that those defendants are sponsored a live radio debate at Austin's to have a lawyer, to be able to afford quality represented in most cases in the state of Scholz Garden. The proposition was, legal representation. In fact, that's most Texas by the very finest criminal defense "Resolved: the death penalty in Texas is a likely why you're there and somebody else lawyers that can be appointed or that they public disgrace," with Gara LaMarche of isn't there to begin with, because the kind can hire in our system. It is a system which, the Texas Civil Liberties Union taking the of lawyer you were able to afford at your regardless of your particular persuasion, the affirmative and Arthur (Cappy) Eads, trial, a court-appointed lawyer, didn't really great majority of the citizens of this state district attorney of Bell and Lampasas know very much about what they were feel that for those crimes that are the most Counties, taking the negative. The debate doing, didn't raise all the evidence that was heinous . . . that the most just and proper was moderated by Observer editor Dave necessary on your behalf, and that's why punishment is death by injection. Denison and KLBJ-AM radio's Eric you're there in the first place. And now that Our legal system is extremely complex, Blumberg. Our thanks to our co-sponsor, it is extremely lengthy, but it is extremely KLBJ-AM, and to debate organizer Kathleen thorough. The death penalty issue has been Fitzgerald. What follows is an edited "The great majority debated for years and will be debated for transcript of some of the highlights of the years. Those of us in public service who hour-and-a-half debate. are state's attorneys take the matter of of citizens of this seeking the death penalty as the most serious OPENING STATEMENTS thing that we do in public office. . . . It's LaMarche: I'm happy to be here and to have state feel that for interesting that those who would quote the opportunity to make the case against the statistical information or give you numbers death penalty. I like the way the way the heinous crimes, the are those who have not been in the pits, proposition was stated; I'm used to being have not been in the courtroom, have not on the other side of the stick usually when just and proper pursued nor defended. It's those defense the issue is framed. And let me say that attorneys I have the most respect for, it's the death penalty in Texas and in the United punishment is those prosecutors that I have the most States and across the world is a public respect for. disgrace. It is something that ought to make death by injection." It's a difficult business. The decision to every Texan pause and ask themselves seek the death penalty is one which is based whether this is the kind of society we want you've been condemned to death, you face upon the facts and circumstances that we to be living in. It's a barbaric vestige of the prospect of appeals with volunteers who as attorney and officer of the court feel is another time. . . . are acting on the basis of charity, and in just and proper to present to a jury of one's I don't think anybody who has any fact until very recently and still in many peers. But those juries are the ones in the familiarity with the way the death penalty cases, if you were on Death Row and you state of Texas that decide whether or not is administered in Texas, which, by the way, were trying to save your life with ultimate a death penalty should be imposed. It is not is the leading executioner in the United appeals to the United States Supreme Court, the prosecutor, and it is not the judge but States, with 27 executions so far and several you have to do that with lawyers that are it is the jury. I certainly in no way feel that hundred people on Death Row — I don't volunteering their time, and in some cases the death penalty in this state is a disgrace think anybody familiar with that system some people who face the penalty of death — I feel it is necessary for the most heinous could comfort themselves to think that do not yet have a lawyer to represent them. of crimes. That those who insist on non- somehow it sorts out the worst criminals So that's capital punishment in Texas in May conformity must pay the price, that they from everybody else. It's a lottery system. of 1988. It is a public disgrace. must be punished. And that the ultimate It's a lottery system in which unfortu- punishment which society can seek is the nately a number of factors which ought not Eads: I hate to even address the question death penalty. to play a part count for a great deal in that as one of whether or not it's a public process. For instance, you are much more disgrace because obviously over 80 percent THE PUBLIC VIEW likely to be on Death Row if you're black of the people that live in the state of Texas Observer: I'd like to ask Gara LaMarche or Hispanic than if you are white. You are and over 80 percent of the people in this to respond to the point that was made about much more likely to be on Death Row if country support or are in favor of the death the qualified legal representation, but before the person that you killed is white as opposed penalty for particularly heinous crimes. you get into that, could you answer the to black. You're much more likely to be As the Texas Civil Liberties Union would question about the widespread public on Death Row if you yourself are poor or portray those who have been found guilty support for the death penalty? Is this, in you were abused as a child, or if you were of capital murder, they are misfortunate or fact, a scandal without the public being a dropout and had a lousy education. Those unfortunate folks who had no legal represen- scandalized? are the kinds of people who fill Death Row. tation and in all likelihood, according to that You're much more likely to be on Death organization,. shouldn't be there. What they LaMarche: If the question is, is there Row if you have mental problems or are fail to tell you are the crimes that those widespread support for the death penalty, mentally retarded. defendants have committed. What they fail as Cappy Eads has indicated, most polls

10 • JUNE 17, 1988 would seem to indicate yes, that when What happens is that person represents you level, in the cases that I personally have people are asked if under any circumstances often inadequately, you're not paying that been associated with, they have been they would support capital punishment, person and you can't get the quality of represented by the very best criminal approximately 75 or 80 percent of the people representation that some of our notorious defense lawyers which we certainly have on consistently, in this state and in polls or well-off murderers in Texas have been a local basis. I must respond to Gara and elsewhere around the country, say yes, they able to obtain, so you end up on Death Row say I can not speak for every single criminal support capital punishment. in the first place because you didn't have defendant who is currently on Death Row, We can deal with why that should not a very good lawyer. all 265 of them, and I can't categorize translate into [support for] capital punish- Then, you have an automatic appeal to whether in the Civil Liberties Union's ment in a moment, but I think the polls tend the Court of Criminal Appeals in this state, opinion some had good lawyers and some to show that where you ask people, as didn't. I can only speak to those death Amnesty International in a series of commis- penalty cases which I personally have been sioned polls in some of the Southern states involved in. And in each one of those cases did, when you ask people to break that down "We're caught up in they've had the very best defense lawyers further, and say "Do you think that if it that our local system can offer. can be shown that the death penalty doesn't a syndrome in which operate in a fair manner, would you support we're wedded to the KLBJ: Gara . . . what does law enforcement it? Do you support the execution of juveniles want to put across to the public or the or the mentally retarded or people who criminal in having a death penalty here? haven't had every possibility of legal death penalty — appeal?" then you get much lower percent- LaMarche: Well I think that we're caught ages. So I think that figure can be somewhat we're almost afraid up in a syndrome in this society in which misleading. I think that to the extent that not to have it." we're wedded to the death penalty — we're people are acquainted . . . with some of the almost afraid not to have it because we think unfairness that is inherent in the system, then that somehow it's some kind of a necessary that support begins to erode. which almost always reaffirms your convic- element of the. criminal justice system. . . . tion, and then you go into the post- If we could make a substitution in this state Observer: Mr. Eads, do you think the public conviction proceeding which most of the — as some of us would like to do — of fully understands the way capital punish- time is where you're going to expose a life without parole system for the death ment is applied in this state? constitutional infirmities in your trial and penalty, I think we'd all be a lot better off defects in your trial — the most important and I think you'd find a lot of that 80 percent Eads: I do, and I think that Gara gives the stage of the game, where if you're going majority would be willing to go along with public a lot less credit than they're due. I to save your life, that's where it's going that. But we're caught up in thinking that sure do. I think they understand it. I think to be saved. And it is at that point in Texas we need the death penalty. . . . Texas is they understand that when they say they are that you don't have any right any longer the heaviest user in the nation of the death in favor of capital punishment that they're to a court-appointed attorney. You're on penalty; it also has the highest murder rate. in favor of the death penalty — that they your own. Either your family has to go out mean what they say. I don't have any and hire somebody, which is very difficult KLBJ: Is it a deterrent? How does the state difficulty with that, whatsoever. and many of these people are estranged from of Texas use it and why doesn't it keep their families, or have none in the first place, people from going out and killing each Observer: One of the issues that people or, a volunteer has to do it. And we reached other? bring up on that question is the matter of a point in this state a year or two ago, with proper legal representation, and whether well over two hundred people on Death Row Eads: I don't know that it deters others; there are some people on Death Row who where most of them had had no contact with I like to think that it does. I know that it don't have, as Gara mentioned before, good an attorney for some time. And what was deters that particular defendant from com- lawyers to argue their case. Now, Mr. Eads routinely happening was that people were mitting that type of crime ever again. . . . is saying that some of these people are getting execution dates set and no lawyer With regard to its overall deterrent effect, _ represented by the best lawyers available. to accompany them in the final stages of I think you'll find statistics both ways. I I'd like Mr. LaMarche's response to that. the process. . . . have a hard time believing it may have an THE REPRESENTATION CRISIS overall deterrent effect to others. But at the LaMarche: Well let me just briefly sketch Observer: Mr. Eads, I believe that one of same time I feel that if we said, well, we out what the situation is with respect to legal the questions raised by Gara LaMarche has don't have the death penalty, we just have representation. As I mentioned earlier, in to do with the class of people that ends up life imprisonment, that doesn't in and of Texas you have with the exception of I think itself deter those who would commit those one county, a court-appointment system. If on Death Row in this society and those who end up being executed. Do you recognize offenses. It's almost [as if] to say well, if you're indigent and you can't afford to go a difference in the people that end up on the punishment doesn't deter, do away with out and hire Racehorse Haynes or some Death Row and the people that do not in the punishment. It is that philosophy and other well-known and able criminal defense terms of the representation crisis? that concern that bothers me as much as attorney, what's going to happen is, they're any. going to appoint [for] you somebody doWn Eads: Let me take it in two parts. With at the courthouse. Very often it has been regard to those people who are on Death Observer: Both participants talked about the case in Texas and in other places that Row currently, that have gone through our heinous crimes as it relates to the death that person is an inexperienced lawyer, that system and that have been assessed the death penalty. A question for Gara LaMarche: are person doesn't know how to raise all the penalty by a jury, yes, I think those people there no crimes imaginable to you that right issues at your trial; there have been in their own way are different, certainly, deserve the death penalty? some fairly glaring errors. Justice Thurgood from the majority of citizens. I think that Marshall of the Supreme Court has been they are the most violent and have commit- LaMarche: There are plenty of crimes moved to point out that this is almost at ted the worst possible crimes. With regard imaginable to me that somebody could say the level of a scandal with respect to death to the legal representation that those are the kinds of crimes that somebody ought penalty representation around the country. defendants receive at least at the trial court to pay with their life for. . . . The problem

THE TEXAS OBSERVER • 11 is, we live in a human society administered Eads: First of all, in the state of Texas we representing the state. Not that someone by human beings and we haven't found a don't put people away to where they're who is innocent will be wrongfully con- way to administer that kind of system in never paroled. There's no such thing in the victed — just because of a lengthy and a way that is fair or in a way that is not state of Texas as punishment without parole, complicated appellate process and review discriminatory, in a way that doesn't result nor is there any guarantee that that particular that we have. With regard to whether or in poor people or the killers of white people defendant who is guilty of that particular not someone in fact would be paroled or going to their deaths and other people offense will not be back out walking the would not be paroled, Dave, I have no escaping their deaths. . . . There's another streets in a much shorter period of time than objection to the state of Texas passing a life- side to this also, though, in that there is they're originally sentenced to. . . . without-parole statute. As long as that a strange kind of twinship of victimhood This is not a law enforcement issue of passing of the statute is in addition to the in the families of Death Row inmates and what law enforcement wants. This is an death penalty. As long as juries in the state in the families of the people they murdered. issue of what the public wants. It is an issue of Texas still have the right to decide. What And if you talk to the families of Death Gara would like to have is the death penalty Row inmates you find out other things that replaced by life-without-parole. .. . are horrible. .. . "I don't feel that LaMarche: If I understood Cappy correctly . . . the idea that somehow there Mr. Eads, do you see people on Observer: someone's upbringing might be a miscarriage of justice or an Death Row as victims as well? innocent person might be executed doesn't particularly trouble him in terms of the way Well, whether or not they are victims should be a legal Eads: the death penalty operates today. But the of their own upbringing, their own environment, perhaps they may be but I excuse for the fact is, that a couple of professors late last year came out with a major study, an don't feel that someone's background, I don't feel that someone's upbringing, I don't offense of capital exhaustive study of miscarriages of justice feel that someone's environment should be in this country since the turn of the century and they uncovered hundreds of cases in provided to them as a legal excuse for murder." which people were either executed who committing the offense of capital murder. . . . You have two defendants in of moral feeling, one that I think has long were later found not to be guilty of the Utah that commit the offense of murder passed the point of argument . . . of whether crimes or who were on Death Row awaiting upon three victims — prior to the offense or not the death penalty is supported. I'm execution. . . . of murder they're all forced to drink Drano, concerned that those people who are in favor of the death penalty feel in some way that KLBJ: Cappy, let me jump in and maybe one is raped, the other has a ballpoint pen on the heels of what Gara just said: if you kicked in his ear prior to death. I can't they should be made to feel guilty for feeling that way. Unlike a hive of bees or a hill were to learn that somebody that you accept, whatever the background is, those prosecuted and was sent to Death Row and particular defendants in that particular type of ants, we as individuals are outraged when someone murders our neighbor or rapes our was executed and it later turned out that of case, as an excuse for their conduct. I this person was, in fact, innocent, it would cannot take someone's upbringing as an friends or slaughters our loved ones. And it is that moral outrage, it is that sense that not diminish in your eyes the need for capital excuse, such as Jerry "Animal" McFadden, punishment — it would not change your who had four previous rape convictions, we have the right to feel the moral indignation that makes us healthy as a opinion as to the relative fairness or four previous terms in the Texas Department unfairness of such a method of punishment? of Corrections, is released early on parole, society. It is something that we should not and brutally rapes and murders an 18-year- be ashamed of, we should not be fearful Eads: No sir. old girl and shoots to death her 19- and 20- of, but it demonstrates that we're willing year-old companions. I cannot accept as an to place upon human life the highest of LaMarche: Well it's nice that we have excuse for that conduct, his upbringing, his value, and that is if you take human life prosecutors in this state who are so sure family environment, or his life's experience. you will, in fact, forfeit your life, if the of themselves. I prefer Thomas Jefferson's facts and circumstances warrant the death approach: he would oppose the death penalty LaMarche: All we're talking about here is penalty in that case. until he had the infallibility of human judgement demonstrated to him. The fact not whether people ought to pay for their QUESTIONS OF INNOCENCE acts and whether there ought to be responsi- is, we are dealing, as I've tried to point Observer: Mr. Eads, I'm intrigued by the bility. I agree that no matter what kind of out a number of times, with a lottery an upbringing somebody had, that cannot points you made about the workings of the system. . . . be a way to permit them to escape criminal system, and earlier you made a point about the workings of the penal Eads: Well I'm more concerned with those responsibility or to escape punishment. Our system; in answer to a question about why who have in fact been convicted and who only point of difference here is whether this not just keep the worst of the criminals in [have been] released from such sentences society ought to be able to deliberately put the prison system, you said, well, there's as life sentences, who in fact do kill, who people to death for their crimes, and we no guarantee that they'll stay there; these in fact do rob and maim. I'm sure that there disagree on that. But we don't disagree that folks could be out on the streets in five or are facts and circumstances, Gara, of those they ought to be _subjected to very severe ten years. Now, it seems to me that people who are incarcerated in the Texas Depart- punishment. on your side of the argument are quite ment of Corrections who have been con- willing to concede the problem of the victed of capital murder who have not Mr. Eads, it seems to me that Observer: workings of the prison and legal system in murdered again. The point is, are we to .. . one of the arguments that you're making that respect. Why then, don't you also excuse the act that they committed or are for the death penalty is having to do with we to substitute their conduct now for the people that have committed animalistic acts. concede the problems as it has to do with the death penalty? Do you worry that the conduct which they had not only been found Why not just keep these people in prison? death penalty system can go wrong and an legally but morally guilty of in our courts That doesn't necessarily follow that there innocent person can be executed? of law? is a need for society to execute. Why not put them away and make sure they don't Eads: No, that's not of concern to me — Observer: Mr. Eads, you said you're more do it ever again? not in the legitimate sense of an attorney concerned with the people that have commit-

12 • JUNE 17, 1988 ted the crime. Do you think there's any opposed to the death penalty . . . in any fair justice that I'm afraid many people think chance to find [common] ground where you circumstance you can conceive. . . . we are now administering. can be as concerned with the criminals and also equally concerned with the possibility LaMarche: In the first place, yes it's true Eads: Gara, I don't think the first thing that that someone innocent may be on Death that Justice Brennan and Justice Marshall, we should have to ask in a murder case, Row? like the ACLU, oppose the death penalty as a state's attorney . . . is, well in that in all ways, but I keep hearing Cappy Eads case where those defendants murdered three Eads: Dave, I don't think it's that we are cite someone's ultimate opposition to the people, prior to their deaths made them unconcerned with someone who may in fact death penalty as [if] somehow that discredits drink liquid Drano, prior to their death raped be innocent [but] is found guilty. It's not them from making any other kind of one, and prior to their death kicked a a lack of concern, it is that the reality of argument about why the death penalty is ballpoint pen through the ear canal of that situation is so incredibly minute, is so deficient on other grounds. It so happens another — were those defendants black or incredibly foreign, that to factor that in as that Justices Blackmun and Stevens do not were they white? I don't think that's a a realistic reason for being opposed to the decision that I should make, I don't think death penalty is non-existent. We're not that's a question I should ask, and I think insensitive to that, we're not unaware of "Race plays a that's beyond the facts of the case. . . . I that. Our system is not unaware or can only speak to you of at least the gut insensitive to that, which is why we have level that you cannot feel and that is this: such incredible lengthy appeals of anywhere pernicious role from having been there, from having had from one to ten years in death penalty cases. to make that decision of whether or not to Now you can't say that the system is in the system of seek the death penalty, that those are not insensitive to it and the system does not try capital punishment issues that you can be preoccupied to in every way prevent that from with. . . . If the defendant in that particular happening. in this society." case is black or he is white, so be it. RACIAL DISPARITY LaMarche: The salient statistic is not the color of the person put to death, although LaMarche: Well let's factor something else take the position that the death penalty is in: let's factor in the fact that black people unconstitutional and yet they were part of it is true that on Death Row in the nation in this society have a much higher rate of the same minority in the McCleskey case. and in Texas, blacks are very much being homicide victims than white people. Where McCleskey leaves us is a set of facts overrepresented compared to their general I think some 60 percent of homicide victims that was very clearly stated to the Supreme numbers in the population. The more in this country are black; homicide is the Court that showed that race plays a troubling figure, as I've been trying to leading cause of death in this country for pernicious role in the system of capital stress, is the race of the victim. Once again, young black men aged 18 to 34. And yet punishment in this country. . . . you take on the one hand the fact that in it happens to be the case that it is unusual a hundred executions in this country since in the extreme for someone who kills a black Observer: Mr. LaMarche, given that it's 1977 when we resumed executions, only a person, particularly for a white person who true that what you're saying that some handful, a couple of people, have been put kills a black person, to end up on Death people who may deserve the death penalty to death for murdering a black person, and Row anywhere in the country. . . . I don't don't get it and that there is a disparity yet black people are 60 percent of the mean at all to imply that any conscious between blacks and whites, is that actually homicide victims in this country. That gulf decision of prosecutors or juries, any in itself . . . an argument against the death has got to be very disturbing to people. penalty? consciously racist act, accounts for this. But Observer: I guess what I'm asking, Gara, it is a very disturbing disparity, it ought is, isn't that essentially an argument to make LaMarche: Let me just take a personal to be disturbing to everybody. Of course the death penalty less discriminatory? we have racism in our society; it's riddled moment and say this: I've always been on in the criminal justice system, but I don't a very gut level against the death penalty. LaMarche: It's an argument that says, look, think anybody ought to pay with their life I can't explain it any more than I can explain we know that the death penalty . . . in the - because of that racism. why somebody feels on a gut level the death society which we now live in, which is an penalty is justified. And I don't attempt on imperfect society . . . can we afford to Audience member: I have a question for Mr. that basic gut level to argue with somebody. continue to put people to death, knowing Eads. And that is, given Justice Brennan's I can respect the fact that somebody says, the way that system operates? And I say dissent in the McCleskey case in which he my moral system . . . leads me to believe no. I don't think it can be made to operate cites statistics that Mr. LaMarche just that somebody who kills ought to pay with fairly. . . . My message, I suppose, to raised, that argues pretty well that the death their life. I think that's inarguable. Nobody's people out there is: you don't have to agree penalty is selectively applied to a minority, ever changed my mind and I've never with me in my gut feeling that it's wrong does that not make it a civil rights issue changed anybody else's mind on that issue. for the state to take someone's life, but you as well as a civil liberties issue and is that And I used to think the moral issue was have an obligation to pay some more not a strong argument for reform or paramount. I must say that my experience attention to how that system actually works. abolition of the death penalty? in Texas has changed my way of thinking. And after you look at it, ask yourself I still have that same gut feeling, but I now whether you still think it operates fairly and Eads: Justice Brennan . . . and Justice think of the moral issue as almost irrelevant whether we wouldn't be better served by Thurgood Marshall . . . are against the to the discussion. I've seen enough about substituting something else for the death death penalty, period. Absolutely and how the death penalty works in practice, penalty and getting past that issue and on unequivocally in any situation under any about who ends up on Death Row, about to address some of the fundamental circumstance for any reason. They are how the cases proceed, how the factor of problems in our society. totally and absolutely opposed to the death race plays a role. . . . I don't any longer penalty. Of the nine justices on the United have the luxury, knowing what I do about KLBJ: Cappy, I wish I could ask for your States Supreme Court, those two men, the way the system operates, you know, of comment but we're running up against CBS regardless of public opinion, regardless of thinking that somehow it could ever operate and we're going to have to say goodnight. the law of the land, are totally and absolutely in a way that could administer the kind of THE TEXAS OBSERVER • 13 Nuclear Nevada Panhandle's Bad Dream Becomes Nevada's Reality

BY GARY RASP

ATE LAST YEAR, under the dead- on Congress," he said. payments would jump to $20 million line pressure of a budget stalemate Washington State spokesman Jerry annually. and the impending Christmas holi- L Gilliland said risks to the region's water In return, Nevada would have to relin- days, House and Senate members of a table should have discouraged DOE from Congressional conference committee quish many of the rights granted to states considering the Hanford site in the first under the original Nuclear Waste Policy worked overtime to radically alter the place. Like Devin, Gilliland said the recent nation's nuclear waste management policy. Act, including judicial review of DOE policy changes were politically motivated, decisions and the authority to oppose the Finally, after more than three days of and as such, are subject to the potential for intense debate that had produced countless project on virtually any grounds. To many further changes. "They got Nevada over observers, these incentives amount to unacceptable compromises, conferees Nevada's protest," he said, "and we're agreed to a package of changes they referred nothing short of a bribe. concerned that it could happen to us as "At this point, we're not even contem- to simply as the 1:30 p.m. December 17 well." House Counter Proposal. plating entering into a Benefits Agreement, Russell Jim, manager of Nuclear Waste because we would have to give away our A few days later, on December 22, Programs for the Yakima Indian Nation in President Reagan signed into law what rights for oversight," said Steve Frishman, southern Washington, agreed. "There's no Technical-Policy Coordinator for Nevada's would go down on the books as the Nuclear telling what the whim of Congress might Waste Policy Amendments Act of 1987. Nuclear Waste Project Office. "Under that be" if Nevada's Yucca Mountain site is agreement, we'd end up trading $10 million Among other things, that action elimi- disqualified, he said. nated nine square miles of Deaf Smith a year for our safety concerns — and you No one knows what will happen if the can't make that kind of a trade." County farmland in the Texas Panhandle Nevada site is found unsuitable for a from a list of three prospective sites for the Frishman's boss, Bob Loux, said many repository or even if deep geologic disposal Nevadans believe that Uncle Sam is picking nation's first high-level nuclear waste dump. will continue to be viewed as the best way A site in eastern Washington, near the on them because of the state's relative lack to deal with nuclear waste. One thing is of political clout — in contrast to states such Columbia River, was also stricken from the certain: the problem will not go away. list. as Texas that have the likes of House Utilities, including some in Texas, con- Speaker Jim Wright and Senator Lloyd The amended legislation directs the U.S. tribute to the problem by producing more Department of Energy, the federal agency Bentsen to look after their interests. and more waste. Just after Texas was passed "Nevadans already feel that it's all-out responsible for managing the waste disposal over for waste storage responsibilities, the program, to instead focus its attention on war," Loux said. "To many residents, this state's first nuclear power plant — the South has nothing to do with nuclear waste, this a site in southern Nevada — at least for Texas Nuclear Project in Bay City — went now. If for any reason the Nevada site, is the State of Nevada versus the federal on line. As the nation's high-level nuclear government." known as Yucca Mountain, is disqualified, waste continues to accumulate, critics Whether the tuff, or compacted volcanic the new law requires DOE to return to contend that Congress has only come up Congress for further "instructions." No- ash, at the Yucca Mountain site in Southern with a political solution to a continuing Nevada is suitable for the safe disposal of where in the Act is the department prohib- environmental dilemma. ited from resuming work in Texas or nuclear waste is a question that will continue Washington. to be argued over the next several years. N THE TEXAS PANHANDLE, farm- Questions surrounding the way in which the As a result, officials and activists in those ers and ranchers who make their living two states remain cautious. site was selected may be around as long I off the fertile soil above the Ogallala as the waste. "It's great that Deaf Smith County is off aquifer are still adjusting to the idea that the hook," said Delbert Devin, former This much is clear, however: Congress the issue may have finally gone away. had to do president of the Nuclear Waste Task Force, something to restore public "Everybody's still kind of in a daze," confidence in the beleaguered DOE pro- a consortium of agricultural organizations said Deaf Smith County resident Georgia in the Panhandle. "But I would have been gram. Years of legal challenges from states Auckerman, former vice president of People and Indian tribes, continued pressure from much more relieved if I felt like they'd Opposed to Wasted Energy Repositories arrived at a solution." local communities, and what appeared to (POWER), in Hereford. "Many people had be an unending escalation of costs had taken Congress's recent action, Devin added, thought that it just wouldn't do any good was "pure politics," a view shared by many their toll. to do anything — but I think they [DOE] Now, many long-time critics of the who have followed DOE's program from would be out drilling holes right now if we the beginning. "I think politics were driving program are saying that rather than resolv- hadn't taken the bull by the horns." ing the problem Congress has further eroded the program all along, and it just became To help sweeten the pot for Nevada; more prevalent with the pressure of time what confidence existed in the program by Congress included a package of "financial unraveling the delicate compromise of the incentives" to help offset any negative original Act and by arbitrarily singling out impacts associated with the program. By Nevada. Gary Rasp, formerly a reporter in the Hearst signing a Benefits Agreement proposed by The 1982 Act required DOE to perform Newspapers' Capitol Bureau in Austin and Congress in the amended legislation, Ne- a comparative evaluation of three potentially later a consultant for the Texas Nuclear vada would receive $10 million a year until suitable sites after extensive geologic, Waste Programs office, is now living in the repository was built. Then, beginning California. hydrologic, and geochemical tests were with the first shipment of waste, the conducted at each location. Simultaneous 14 • JUNE 17, 1988 characterization of the three sites, including "The fact that [Congress] chose one of necessarily supported Johnston and the drilling of deep exploratory shafts at the three sites that had previously been McClure," said Hancock, who witnessed each one, was expected to cost about $3 recommended as being suitable indicated much of the debate, "but supporters of the billion. they still had confidence in the program," commission/moratorium approach were put Although the original Act called for the he said. in the position politically where it became construction of two repositories — one in But Danny Smith, deputy director of the impossible to oppose" the Senate plan. an Eastern state and one in the West — the Texas Nuclear Waste Programs Office in department had all but eliminated its search Austin, said the decision to single out the HE REAL ISSUE, at least for now, for an Eastern dump site by June 1986. That Yucca Mountain site in Nevada was simply is whether or not the Nevada site decision did not particularly enamor the "another case of political expediency." T is technically suitable for the perma- DOE to representatives of Western states nent disposal of high-level nuclear waste. still in the running. Officials in that state are busy developing By last summer, support for an 18-month strategies they hope will send DOE packing. moratorium on all site selection work had "I think there are more indications that rapidly gained ground in the House; it suggest it's not suitable than there are became obvious to many in Congress, indications that suggest it is," said Loux especially those with an eye on the 1988 of the Nevada Nuclear Waste Project office. elections, that action needed to be taken, To support his view, Loux points to a and quickly. paper recently published by a DOE scientist "I think they were worried about it working in the department's Nevada office. because the program seemed to be going In his report, dated November 1987, nowhere but was still consuming money," Jerry S. Szymanski suggests that DOE said Frishman, who until August directed YUCCA hydrology models for the Yucca Mountain the Texas Nuclear Waste Programs office, MOUNTAIN site may be seriously flawed and that SITE a branch of the Governor's office. "I don't I tectonic and volcanic activity at the site think Congress itself would have been could possibly lead to a flooding of the worried if we had not made them worried." LAS VEGAS repository. The decision to investigate the Nevada • Szymanski included in his paper alterna- site at the exclusion of studies in Texas and tive hydrology models which Loux and Washington "makes no good technical Frishman believe will render a more sense," Frishman said. Financially, he accurate assessment of the Yucca Mountain asserted, it is an "extremely risky" move "I think the scientific basis of the program site. Szymanski also recommended that to single out one site for the repository. was compromised when Congress decided DOE conduct a series of tests to confirm "I think it was clear that Congress knew which of the three sites ought to be which model of the groundwater system is public confidence in the program was investigated" rather than basing the decision accurate before full-scale studies of the site gone," said Don Hancock, director of the on technical data, Smith said. begin. Nuclear Waste Safety Project for the At one point during the last Congressional If his theory is correct, Szymanski Southwest Research and Information Center session, it appeared proponents of the concludes, "Serious consideration should be in Albuquerque, New Mexico. "The ques- moratorium concept, including Rep. Morris given to abandoning the Yucca Mountain tion became, 'How do we fix it?' " Udall of Arizona, one of the principal site and declaring it unsuitable" for the Even DOE officials acknowledge the authors of the original Act, would have their permanent disposal of high-level nuclear program was in need of some sort of way. With the growing support of officials waste. redirection. "It appeared to me that a focus in Texas, Washington, and Nevada, as well "We're trying to get [DOE] to rethink for the activities was necessary," said Carl as several Indian tribes, Udall sponsored their site characterization approach and Gertz, project manager for the DOE's legislation in the House calling for an come to some early conclusions about Nevada Office. "Congress was not happy immediate halt to all work at the three sites whether it's worth spending billions of with the way things were going and they while an independent commission reviewed dollars on this site," said Frishman. wanted to get it back on track — and they DOE's work to date. If nothing else, it is clear that the merits took action to get it back on track." Under Udall's plan, the review commis- of the Yucca Mountain site will continue sion also would have developed recommen- to be debated for the next several years, UT FOR MANY who have followed dations to Congress on how to best manage at least. But no one is sure what will happen the department's program since the the nation's nuclear waste, including possi- next if the site is proven unsuitable. B beginning, nothing could be further ble alternatives to deep geologic disposal. And, despite missing virtually every from the truth. In the other chamber, Senators J. Bennett deadline it has faced, DOE officials are "They did it because it was easy," said Johnston of Louisiana and James McClure optimistic that they will meet the Act's 1995 Sam White, a lobbyist in Washington, D.C., of Idaho favored a radically different deadline for licensing a repository and will who monitored the issue in Congress for approach that would scrap plans for a second begin construction of the facility by 1998. the Nuclear Waste Task Force. repository altogether, halt work at two of Under that schedule, the repository would "It may make sense economically to the three sites under consideration, and begin receiving waste by the year 2003. characterize one site at a time," White said, investigate one site at a time. In the process, "Dream on," Loux said of the "but it doesn't make a lot of sense Johnston reminded his colleagues, Congress department's chances of meeting the sched- technically, scientifically, or any other could save the government several billion ule. "That's not going to happen in the way." dollars. stretch of anybody's imagination." The DOE, however, maintains that any After several months of heated debate, And, Loux added, this just may be DOE's of the three sites would likely have met including a series of key Congressional last chance. "I think this is the last time Nuclear Regulatory Commission standards hearings at which DOE project managers down the road for geologic disposal," he for licensing a repository. Problems with from the Nevada, Washington, and Texas said. "If this one fails, I think the whole the program were not of a technical nature sites testified, supporters of the Senate concept will be thrown out." but rather the result of what had become approach finally won out. The DOE's Carl Gertz admitted that he a "political/institutional" issue, Gertz said. "It wasn't so much that everybody has no idea what lawmakers would do if THE TEXAS OBSERVER • 15 the Nevada site is disqualified. "I don't billion in the Yucca Mountain site it will programs," Loux said. "They've supported know if Congress would continue to pursue be difficult to stop the program — even if the above-and-below-ground weapons test- geologic disposal or look at other solu- technical flaws exist. ing program, even at the expense of life tions," he said. "In my opinion it would For many Nevada residents, it comes and livelihood; they've even had one of the be wide open." down to one simple question. nation's three low-level waste sites for 30 Nevada officials also are concerned that "Historically, Nevadans have always years. Now they're saying, 'When is enough once the department invests more than $1 been willing to support national defense enough?' " ❑

POLITICAL INTELLIGENCE

V WORD FROM Pablo's Beer Garden, Dukakis rally — which was part of a national tial race. Bustamante's Spanish-language on North Piedras in El Paso, is that Rep. opportunity tour for late-comers to sign on campaign should benefit Michael Dukakis, Paul Moreno is considering running for El with Dukakis before the Democratic who has broad support in the Hispanic Paso mayor. Moreno, a Democrat and a National Convention next month. Richards community. familiar figure at the back-of-the-chamber praised Dukakis for leadership in podium in the House, is regarded by some Massachusetts, where women occupy more V DIPUTADO ALBERTO as an uncompromising liberal and by others than 50 percent of government positions Bustamante, D-San Antonio, no es en as something of a left-wing obstructionist. and, on the average, earn salaries equal to ningun sentido apoyando el movimiento de His recently reopened beer garden, their male colleagues. Richards also Inglds Primero. Bustamante estA grabando according to the El Paso Herald-Post, will suggested that women voters are going to una serie de anuncios urgiendo que los serve as a campaign headquarters if Moreno respond positively to Dukakis's taking the Hispanos se presenten para votar. Los decides to run for Mayor. Moreno has said lead on the child care issue and providing videos se van a aparecer en Univisidn, la that he will defer to former city council child care for state employees. Also red teledifusora con 435 canales en los member Alicia Chacon, should she decide endorsing Dukakis were Lt. Gov. Bill Hobby E.E.U.U. Bustamante se mantuvo feel a su to run. and Land Commissioner Garry Mauro. compafiero de la Camara de Diputados, Richard Gephardt, hasta que dste se retird V AN EL PASO legislative race that OVETA CULP HOBBY has de la competencia presidencial. La espariol is testing party loyalty has Republican Pat crossed party lines in the race for Chief de Bustamante se resultarA en una ventaja Haggerty, a four-term outgoing member of Justice of the Texas Supreme Court. The al candidato Miguel Dukakis quien disfruta city council, facing Ron McCluskey, a Lt. Governor's mother, who served in the de un apoyo fuerte en el barrio Hispano. Democrat who in 1982 endorsed Haggerty, cabinet of Dwight Eisenhower, has contrib- then a Republican opponent of now uted $3,000 to Republican Chief Justice V AN EL PASO police officer might Democratic Congressman Ron Coleman. Tom Phillips. Phillips, a Bill Clements have found his second language something Haggerty, the Republican, is drawing appointee to the Court, is challenged in the of an advantage when he helped move some considerable financial support from general election by Associate Justice Ted $3 million in weapons to Central America Democrats still rankled over McCluskey's Z. Robertson. The Lt. Governor's daughter, under the pretext that they were to be 1982 endorsement of a Republican for Laura Hobby Beckworth, joined her grand- shipped to Peru. According to the El Paso Congress. Even Lloyd McConnell, the mother with a more modest $50 contribu- Herald-Post, the name of Stephen B. Dyess, former Chair of the El Paso Democratic tion. Phillips's law practice was in Houston a veteran El Paso police officer, recently Party, has signed on with Haggerty, (where the Hobby family has long been a turned up in a memo reported stolen from according to a story in the El Paso Herald- prominent Democratic force) before he the contras' Washington office in 1987. Post. Gary Schaffer, the political reporter joined the Court. According to the Herald-Post, Dyess, a for the El Paso Times says that Haggerty licensed arms dealer, claims to have made is considered the favorite in the race to poi PART OF THE FALLOUT from no money on the sale of 5,000 M-16 rifles, replace Rep. Arves Jones. The 71st district the Bentsen-Boulter U.S. Senate campaign 15 Red-eye missiles — at $17,791 each — is in a conservative stronghold near Fort is big money. Bentsen, according to several and 20,000 South Korean hand grenades. Bliss in northeast El Paso. sources, is underwriting, among other The contra manifests suggest that Dyess things, a statewide telephone voter identifi- was a middleman for contra leader Bosco V GUNS AND TEXTBOOKS.That's cation project. The smallest of the banks, Matamoros and Sanfo-Bay International how House Speaker Gib Lewis might define a 30-phone operation, is working in Austin. Corp. of Burlingame, Calif. Dyess said he the policy agenda of the new Democratic Larger phone banks are at work every had nothing to do with the weapons deal Presidential administration. Lewis, an early weeknight in Houston, Dallas-Fort Worth, but that he had been approached by Sanfo- Gore supporter, returned from a road race and San Antonio. Bentsen will of course Bay President Harry Riskas who described in South America in time to publicly benefit from the project. As will Dukakis a similar deal that never developed. The embrace Massachusetts Gov. Michael and down-ballot Democrats. deal, described to him as a sale to Peru, Dukakis at an Austin political rally in May. "fizzled out," Dyess said. El Paso Police When Michael Dukakis is President of the V CONGRESSMAN ALBERT Bus- Chief John Scagno said that he was aware United States, Lewis predicted, we "will tamante, D-San Antonio, is not exactly that Dyess was moonlighting as an arms again be first in defense, and education." throwing in with the English First move- dealer and that this violated no department Earlier in the week, Lewis described a ment. Bustamante is taping Spanish lan- policy. Dyess said he plans to retire from crowd of Molotov cocktail-throwing student guage public service announcements urging the police force in five years to open a gun protestors in Lima, Peru as similar to Hispanics to turn out and vote. The video shop in El Paso where he has worked as students at Texas-OU week in Dallas. spots will be aired on Univision, the a police officer for 15 years. Spanish-language network with 435 stations V STATE TREASURER Ann in the U.S. Bustamante remained faithful V GEORGE BUSH, JR., the son of Richards took the feminist line and delivered to his House colleague Richard Gephardt a public figure whose name is often linked the only exciting speech at the Austin until Gephardt withdrew from the Presiden- with international arms and drug merchants, 16 • JUNE 17, 1988 is the subject of some speculation. The Dept.: the Fort Worth Star-Telegram ran a Perhaps the signs point toward an Lubbock Avalanche Journal has the younger daily "Summit Horoscope" while the "Astrologers for Dukakis" movement. Bush cashing in his oil stocks and leaving Reagans were in Moscow. The newspaper the Panhandle. Bush, Jr., according to assigned a reporter to consult with astrologer /,•0 A GEM of a quote in Peter Republican political consultant Karl Rove Marione Hensley for insight into the summit Applebome's New York Times profile of has sold his Midland oil business and will proceedings. Hensley warned early in the community organizer Ernesto Cortes, Jr. soon be moving to Dallas where he might week that "Neptune has been afflicting the . . . In the middle of a favorable account begin his pre-candidacy for the U.S. chart," but when the moon changed of Cortes's influence on Texas politics as gubernatorial race in 1990. It is not entirely the President was able to perform better head of this state's Industrial Areas Founda- clear whether Bush, Jr., will run for toward the end. The astrologer foresaw that tion groups, comes an out-of-the-blue governor of Texas or Maine. Political by the time Reagan left Moscow he would calumny from (who else?) Othal Brand, the prognosticators are watching carefully to see be perceived by the Soviet people as "a very right-wing grower and mayor of McAllen. if the Bush Juniors purchase a home or nice, kindly fellow." Says Brand of the IAF community groups, establish residence by occasional rental of But the star-gazer didn't look upon the "There's not much question their basic a hotel suite, as have the Vice President President's doings very kindly. She feared philosophy is basically a communistic and the Second Lady in Houston. the President was on the verge of giving philosophy." He added, "It's basically a too much to the Soviets. "The long-term group that claims credit for everything and //I RAILROAD Commissioner Jim Nu- result of this charade is that if future does nothing." gent, who will face Republican challenger Presidents are as asleep at the wheel as The May 31 Times profile generally Ed Emmett in November, did not meet with Reagan, we are in mortal danger," she said. portrayed Cortes as a shrewd political OPEC leaders in Vienna as did his appointed She darkly forecasted that George Bush will organizer whose groups are pulling Texas Republican commission colleague Kent be the next President and would continue toward progressivism. San Antonio Mayor Hance. But Nugent, too, is going foreign moving toward economic cooperation with Henry Cisneros was quoted as saying that on agency business. Nugent announced the Soviet Union. "It's unfortunate that the IAF group Citizens Organized for Public plans to travel to Alberta, Canada, in June Dukakis won't be elected," she was quoted Service has "fundamentally altered the to meet with oil and gas officials there. as saying. "If he got in there, this would moral tone and the political and physical Unlike Hance, who thrust himself onto the stop." face of San Antonio." ❑ front pages of state dailies by meeting with OPEC ministers, Nugent will remain in the Western Hemisphere. V JOHN SHARP, the only Railroad HOUSTON'S Commissioner not up for election this year, has been meeting with national energy FABULOUS experts working on a Michael Dukakis energy policy in Boston. A Dukakis victory in November could mean an appointment for Sharp, who played a key role in the Dukakis Super Tuesday victory in Texas. 71416111 But should Sharp move to the Federal MOTOR INN Department of Energy, Republicans in the state will reap another, well, windfall, as 6700 SOUTH MAIN the Gov. will appoint Sharp's replacement Dick &bogie V.P. on the Commission. (This is not to be construed as a pitch to vote for George Bush, aMZ" Sr.) With Sharp — who Ann Richards DISCOUNT . ASTICWRLD/WATERSAORLD TICKETS describes as the only young Texas politician AVAILABLE AT FRONT DESK with Presidential potential — out of the way, . ExcELLANT BUFFET AT REPSONABLE could we see a Railroad Commission of $3995DBL. Nugent, Hance, and Bush, Jr.? PRICES Sharp has also been meeting with Massa- KIDS FREE ▪ BEAUTIFUL POOL AND GARDEN 2 & chusetts Congressman Joseph Kennedy to UNDER. AREA discuss the possibility of selling more Texas . CABANA RDOMS AND SUITES natural gas in the Northeast. . FREE PARKING TCLU LAWYER Jim Harrington . RISING TIDES CLUB says he will be filing suit this summer . MAJOR CREDIT CARDS ACCEPTED against the owners of the South Texas Nuclear Project, who prefer to call their nuke "the South Texas Project." Harrington says the Texas Civil Liberties Union has IS 713-522-2811 used the South Texas Project name for their program of legal work since the early 1970s. He claims that they have registered the name HOUSTON, TEXAS with the Secretary of State's office and that the nuclear plant owners have not. No one Across From Texas Medical Center has yet dragged Andy Granatelli into the great STP debate. 5 Minutes to Astrodome, Astroworld and Watenvorld Rice Stadium — Zoo — God Course — Fat Stock Show —The Summit V INNOVATIONS in Journalism

THE TEXAS OBSERVER • 17 (Advertisement)

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lines of inquiry excited the popular imagination as much as the hope of fraud. Instead of speculating on the sexual confusion, the media concentrated on the bookkeepihg. How much money Love or Money was the Reverend Bakker gathering from the credulity of his flock? Where did the money go? What would become of the financial BY LEWIS H. LAPHAM enterprise? A similar hierarchy of interest determined the emphasis placed A society's attitude toward its popular scandals offers an on the stories about the Marines, the New York judge, and Fawn instructive measure of the society's order of value and obsession. Hall. The primary concern centered on the cost-benefit analysis, Judging by the response to the sensations of early spring, it appears not on the humor and sorrow implicit in the sexual predicaments. that Americans rate the sexual passions well below the excitements The rabble of Venus had swarmed through the decorous barricades of money. The events in question presented everybody with enough of church and state, but instead of dwelling on the vagaries of chances to draw moral lessons. At the American Embassy in human desire, the good burghers of the American media wondered Moscow it was discovered that at least two Marine guards had about the effect on property values. The Marines might have been seduced by Soviet agents; the Reverend Jim Bakker, a rendered the embassy useless; if so, the building would have to prominent television evangelist, resigned his ministry after be torn down and replaced at a cost of $180 million. Penthouse confessing to his fall from grace in a Florida hotel room; a New offered Fawn Hall $500,000 to pose for a sequence of nude York judge was accused of prostituting the public trust to his lust photographs. for his former clerk; and Fawn Hall, Lieutenant Colonel Oliver We prefer to think of the sexual instinct as a commodity. If the North's secretary, informed a grand jury of her romantic assignment libido can be pressed into the service of commerce (as a kind to the Nicaraguan junta in exile. All the stories allowed for ribald of ointment or lip gloss sure to improve the sale of cosmetics, variations on the themes of eros. office equipment, Caribbean cruises, second mortgages, airline In other countries, most notably England and France, the media tickets, tennis balls, and newspaper scandals), all well and good, and their many audiences would have cherished both the official and so much the better. The walls and mirrors of the American and the unofficial reports of sexual intrigue. Who was seen with media look like the interior decoration of a French house of whom, and when, and in what states of undress? What was the assignation during the Belle Epoque. The moves, the music videos, color of the woman's chemise? From whom did the gentleman the newsstands, and the drugstores glitter with invitations to what borrow the use of the country house, and what did he say to the seems like an interminable orgy. bartender or the chauffeur? Where was the gentleman's wife that The invitation is misleading. Within the context of the Puritan evening, and did she also know the duke of Kent? ethic, the images ask to be understood not as representations Within recent memory at least four British cabinet ministers have of reality but as symbols and allegories. Any customer so foolish left the government accused of sexual perversions as eccentric as to mistake their commercial intent has failed to read properly as those described by the Marquis de Sade. In France, nothing the instructions on the label. One is supposed to look, not touch; so delights the public as the news of an archbishop dying in a to abandon oneself to one's desires not in a cocktail lounge but brothel or the rumor of the president's wife leaving for Marseilles in a department store or automobile showroom. in the company of Algerian gangsters. On closer inspection, the soap operas such as Dynasty and

But in the . United States the prurient interest attaches itself to Dallas prove to be sermons dressed up in designer clothes. Despite the voluptuousness of money. The gossip columnists delight in opulent sets and the superficial aura of decadence, any character the talk of business deals, of contracts won and lost, of the prices so literal-minded as to engage in unlicensed sexual practice is paid for the limousines and the champagne. The magazines glisten summarily punished. The scriptwriters don't even bother to work with the displays of opulence, and the papers print more advice out the pathologies of emotional chaos. The mistake is too stupid, about the bond market than advice to the lovelorn. The lists of like throwing a rock through the window of Tiffany's or picking best-selling books attest to the public fixation on the glory of money a fight with an elephant. The scriptwriters devote their most — who has it, how to groom and cherish it, what to wear in its imaginative talents to the comings and goings of oil companies presence, why it is so beautiful, and where it likes to go in the and kilos of cocaine — i.e., to the dramatic lives of the money. summer. American playwrights cannot write bedroom farce, and the polite Not even the rumor of incest commands so sudden and writers of the nation's literary fiction lack the gift for erotic lyricism respectful a silence as the mention of money in sufficient size. so readily apparent in the novels of Jorge Amado and Milan Anybody wishing to recruit an audience, whether of insurance Kundera. Even when rendering explicit sexual scenes, the brokers or university professors allegedly Marxist, has merely to American writer with any pretension to sensibility feels obliged - speak of his or her recent encounter with a sum in excess of to bring up the question of guilt. $500,000. Maybe he has just had lunch with somebody who made Sex in the United States is no laughing matter. If left to their a fortune in real estate. Perhaps he ran across an author who own subversive devices, sexual passions interfere with profits. Even just sold the movie rights for $2.5 million. Possibly he has word worse, as the newspaper constantly remind everybody, they can of an expensive divorce or of a merger said to involve companies lead the incontinent and the unwary into the labyrinth of disease with assets of $8 billion. For a brief and luminous moment the and death. money achieves the stature of celebrity; it is as if the number If the news from the sexual frontiers continues to presage were Robert Redford, standing in a circle of klieg light. The disaster, I can well imagine the Justice Department issuing yet audience listens with dumbstruck awe for as long as the messenger another book of rules and guidelines. Maybe the larger corporations can clothe the apparition in the percentages of a specific deal. will offer courses of lectures for those executives still careless An American politician can keep as many mistresses as he can enough to trade a marketing strategy for a woman's smile. I like afford, but unless he stumbles onto the set of an X-rated movie, to think of investment managers seated in prim and orderly rows, he can continue to make long and loudly applauded speeches like the girls in a proper Victorian boarding school, making notes about the need for a new awakening of a new American morality. about cold baths and the dangers to be met with in the lobbies Let the same gentleman be discovered stealing even a modest of metropolitan hotels. The best corporations might furnish their sum from the Department of Parks, and within 24 hours the media most precious executives with governesses. Against the opposite dress up his pecuniary indecency in the gaudy costumes of scandal. wall of a dimly lit restaurant (in Paris, say, or Berlin) I see the In a commercial society, the sin of avarice takes precedence over governess sitting next to her nice American gentleman under a the sin of lust. portrait of the Empress Eugenie. The governess orders the soup, Take as an instance the troubles visited upon the Reverend glares at the hat-check girl, slaps the face of the waitress who Bakker. His defeat at the hands of Satan raised questions belonging looks too French. ❑ to the realm of the erotic — a young girl maybe drugged, a minister of the Lord conceivably well-versed in the arts of seduction, a Copyright 1987 by Harper's Magazine. All rights reserved. Reprinted church functionary possibly employed as a pander. None of these from the June 1987 issue by special permission.

18 • JUNE 17, 1988 BOOKS & THE CULTURE Chronicle of a Death Foretold

BY LOUIS DUBOSE

SCHOOLLAND grandfather's prediction of his own death: generation of Texas Mexicans who had By Max Martinez managed to hold and remain on the land Houston: Arte Publico Press, 1988 "You really want to know what I was that was so much a part of their individual 250 pages; $8.50 thinking about, don't you?" Grandpa lifted and collective histories. Horsemen here his face to look at me. In the bright light don't pass by. They pass on — and they AX MARTINEZ'S autobiographi- of an overhanging bulb I could still detect a little sadness, but there was something do so slowly. Probably too slow for many cal novel Schoolland pertains to readers who, by the mid-latitudes of the several genres. It is a coming-of- else in the face. A slight, wistful smile cut M the edge from the sadness. novel, will ready to get on with it. age novel. documenting one year of an boy's progress toward manhood. It is a regional UT PERHAPS, in fairness to the novel, so firmly rooted in the red-brown soil author, it can be observed that he of Gonzalez County that the careful reader is Horsemen here B is writing about a particular stage left wondering why, after all the wells had in life when time was measured differently. run dry, the protagonist's family doesn't don't pass Most can remember a time, usually in drive north on Highway 80, toward adolescence, when a summer afternoon Belmont, to bathe in the tepid Guadalupe. by They pass seemed like a small eternity. Some loss of It is a sociological novel in the tradition of innocence, or more likely some moment of Steinbeck, carefully considering the circum- on . . . reckoning with one's own mortality, of stances of a Mexican-American family in course, ends all of that. In Schoolland, the Texas of the 1950s. It is, also in the tradition adolescent narrator experiences both as he of Steinbeck, a novel of social protest that "Dying. I was thinking of dying. As old comes to terms with his own awakening places an honest family of farmers across as I am, it's best to know I can die anytime sexuality, learns in a moment of accidental the fence from a handful of unsympathetic now. I can be talking to you one minute voyeurism that his sister has fully come to — but at least indigenous — bankers with and I could be dead the next. Just like that," terms with hers, then confronts the larger designs on the family land. It is a loss-of- he said and snapped his fingers. "That's question of mortality as he prepares for his what it means to be old. . . ." grandfather's death. innocence story in which a young man You'd figure, living as long as I have, prepares for the death of his grandfather. I'd've seen a lot of people die. Well, I And most of what occurs here, occurs Now, if all of this sounds like "The haven't. They say you only need to see within the barbed wire fences that separate Waltons" a la mexicana, well, that's just one person die in front of you and that's a family from the rest of the world. Where the way it shakes out. Martinez hasn't enough. Your grandmother died right in McMurtry, in similar but leaner earlier written a great novel, but he does tell an front of me. You'd figure I'd be ready for works, suggested that the small town was interesting story that might have more my own dying by now. a stultifying place, Martinez sees it as sociological than literary value. And this is threatening. Out there, beyond the limits of not to suggest that Schoolland is pedantic Later, the vigorous old man predicts his the family farm, are bankers, hustlers, and or scholarly, but rather that it is not literature own death, telling the boy that he is certain crooked lawmen, like the Cuero sheriff who of the upper-case-L variety. And, that it so that he will not live to see the next new would use his good office to recover a pistol carefully documents the quotidian life of one year. Many contemporary authors, angling that the grandfather had rightly won in a Chicano family in Texas that sociologists, for irony, black humor, or even the comic crap game. And beyond Nixon, Smiley, historians, and all the rest, ought to pay pathos of an unfulfilled prophecy of one's Gonzalez and Wrightsboro is San Antonio, careful attention. own death, might have left the old man where the dangers of the small town grow The novel, and an unnamed young standing. But this is a traditional novel, geometrically. It is from San Antonio, the protagonist's year, begin with an old man's straightforward and linear; the reader, even big city of the novel, that the narrator's sister presentiment of his own death and his telling early in the narrative, has a premonition or returns, louder and more aggressive, a his vision to the boy, his youngest grandson. two of her own. One is that the family different woman in different clothing, and I do the reader no disservice by here Patriarch will leave the story feet first. makeup. It is in San Antonio that this same revealing that the old man's prophecy is And more die here than an old man who but different woman loses her Schoolland fulfilled. These incidents of prophecy and has witnessed the world move from saddle husband to drink and its concomitant moral fulfillment describe the linear limits of horses to the ubiquitous pickup truck — the laxity. And it is to San Antonio that an older Martinez's story. sale of the family horses to keep the bankers and disgraced brother repairs with his bride The boy's first-person narrative begins from the door represents the end of that era. who is seven or eight months pregnant. with the arrival of 1957 — or is it the What is dying here, of course, is the rural "Here be Dragons," the medieval cartog- departure of 1956? — and the maternal Texas-Mexicano way of life. And a last rapher marked on the map to designate those

THE TEXAS OBSERVER • 19 lesser known places where the traveler's life Saroyan to Hemingway because, while Martinez's Schoolland, comes a portrait of might be in peril because of some unknown. Hemingway's adventures began with the Mexicano life in this state that won't be So it was with the world beyond Schoolland, bang of a gun, Saroyan's began with the found in too many places, save perhaps particularly San Antonio. This, of course, bang of a screen door. And that's the way David Montejano's award-winning Anglos before Henry Cisneros was elected mayor. it is with Schoolland — though the narrative and Mexicans in Texas. Arte Publico, If the world beyond the family farm of begins with an old man's ritualistic firing founded by Nikolas Kanellos in Gary, Max Martinez's story is intimidating, it is of a gun on New Years eve. Indiana, in 1979, and now settled in at the the family kitchen that is the safe haven and And that's also the way it is with most University of Houston campus, is publishing the center of Schoolland's compressed of what is published by Arte Publico. Out an ambitious 20 fiction titles a year — some geography. There, a prudent and durable of Rolando Hinojosa's Klail City collection, good and some not so good. We can only mother holds a family together through one Lionel Garcia's Leaving Home, and wish them well. ❑ daughter's divorce, one son's impossible marriage, another's abandoning school, yet another's declaration that his 15-year-old girlfriend is pregnant, and a dozen other lesser domestic calamities. There is some- thing unique about a working-class Mexican Boys of a kitchen, where families eat in shifts and women, often on their feet, somehow dominate all that is about to occur, often with something as seemingly insignificant Distant Summer as the slight upward movement of the head: BY RICHARD RYAN

EYOND THE KITCHEN, a PRIMITIVE BASEBALL would be unrecognizable today. Hurlers father/husband confronts bankers, By Harvey Frommer pitched underhanded to batters who could a "wetback" with designs on his B New York: Atheneum, 1988 call out verbal instructions as to where they daughter and his land, and a drought that 143 pages, $17.95 wanted the ball placed. Walks counted as the prescient grandfather predicts — along base hits in batting averages, a statistical with his own death — just before he N HARVEY FROMMER'S new book, legerdemain which, in 1894, sent National discharges his pistol four times to celebrate Primitive Baseball, this prolific and Leaguer Harry Stovey's average from .286 the advent of 1957. Like last week's news, genial sports historian goes digging for to .402. Antiquarians may point out that in the narrator's father sells first his horses, I some roots and runs into plenty of mud along that same season Tip O'Neill batted a then his cattle, then begins the mental the way. He opens in 1842 in an empty lot stratospheric .492, which minus walks falls subdivision of the farm that he had inherited not far from Wall Street and closes in the to a scarcely-less-celestial .442. Well, yes, and intended to pass along to his children. final years of the 19th century, when a band but your mother could bat .300 in a game That Martinez manages to pull all of this of cutthroat owners had subdued their where fielders went after line drives off without writing a soap opera says players and monopolized their market with barehanded, and the players who did wear something about his talent. The novel is, a skill that would have done Jay Gould and gloves were ridiculed by their more stolid of course, not without its flaws. The tedious Pierpont Morgan proud. Frommer tracks colleagues. (In denouncing "those pace is difficult and at times, the effect of baseball from its curious infancy to its abominations known as mitts," Boston's certain patterns of repetition, particularly raucous adolescence .— and gives us a vivid, Harry Shafer urged that "those who cannot involving possessive pronouns, is not unlike if spotty, sketch of this remarkable chapter play without should get out of the game and that of dripping faucet — or perhaps a Phillip in the history of leisure. give way to those who can.") Glass composition. Consider the following: Frommer's account will not please In the same year as Stovey and O'Neill's everyone. If you are wont to side with the dubious feats, the fans in Baltimore became . . . My father had done all he could to oldsters in the ongoing debate of ancients so restive that barbed wire was strung smooth over the dispute. It would have to around the field, and umpires were sent be up to don Antonio to decide when it vs. moderns, then this book is not your mug of suds. Having always believed that the home with armed escorts. (This menacing should end. My father encouraged the rest ambiance, argued Chicago owner Albert of the family, except for Paulie, to continue upward trudge of human history applied to the friendship. My father didn't have much games as well as governments, I am Spalding, was in keeping with the egalitarian to say about don Antonio. There are people therefore also willing to believe that if God spirit of the game: "Fans who despise who care for animals in the same way dropped Ty Cobb, spikes first, into, say, umpires are simply showing their others might care for human beings. They a Mets-Astros contest, the legendary hitter democratic right to protest against tyranny." tend to be, according to my father, people would find himself batting in the high .200s. Frommer does not speculate why a man so who are not quite right to begin with. An Bolstered by a reading of Primitive hostile to the rights of players was so animal is a goddamned animal, that's all Baseball, I am willing to go further, and devoted to the rights of fans.) Such there is to it. My father speculated .. . state that if Adrian "Cap" Anson — a four- spectatorial zeal would surely bring tears time National League batting champion who to the eyes of Peter Ueberroth, who would I'm not quite sure what the author is after hit .421 in 1887 — were sent to the plate no doubt like to give every fan a urine test here, perhaps a sort of transliterated child's to face the glowering likes of Dwight before allowing him into a major league ball Spanish, but the result seems discouraging. Gooden, he would be lucky to scratch out park, but still this behavior pales beside the Yet despite its flaws, the novel does work. an average of .100. enthusiasm of previous fans: a decade earlier And it works because of the author's often As Frommer describes it, 19th century in California, six-shooters would go off in plodding development of character, his baseball was a shabby, segregated, the bleachers, a sure distraction to fielders careful rendering of place, his convincing vaudeville act. What passed for pitching camped out under pop flies. dialogue, and a plot that is not spectacular That "primitive baseball" was an atavistic but believable. rite I gladly affirm; what I'm still wondering When William Saroyan died, one com- Richard Ryan is a writer living in about is how this form of working-class mentator said that he always preferred Washington, D. C. mayhem sprang from the loins of the

20 • JUNE 17, 1988 Victorian bourgeoisie. An off-shoot of swept away by the fetid water of commerce. platter of greasy, crunchy anecdotes, salted cricket, baseball was originally played by In the final decade of the century, baseball with nuances and deep-fried in the hot fat men in straw boaters and pantaloons in front began to settle into a form we would today of American myth. of appreciative crowds of tea-drinking acknowledge. The owners were shrewd And, indeed, the morsels are tasty. Here ladies. Fromrner bumps Abner Doubleday enough to pay their superstars the salaries is the great John Ward, a Columbia Law from the head of the line and credits the necessary to keep them happy, and with School graduate and three-time stolen base game's invention to Alexander Jay enlightened regulations and stable playing champion, a Manhattan socialite who nearly Cartwright, who, in 1842, began organizing schedules in effect, the ball players held the Players League together by the games in vacant lots in Manhattan's themselves were able to devote their force of his personality. Here is Candy financial district. Within a few years, energies to perfecting this kinetic artform. Cummings, who invented the curveball Cartwright had transformed his team, the The lesson of Frommer's book seems to be tossing clamshells on the beaches of Knickerbockers, into a restricted club with that as a discipline improves technically it Brooklyn. Here Moses Fleetwood Walker, 40 members paying $15 a year in dues. becomes more tame socially. This is an the first black man (pace Jackie Robinson) Baseball might have remained a proto- interesting thesis, and Frommer might have to play big-league baseball, driven from the yuppie phenom and survived only as a feisty given us a longer book with some real game by protests from fans and players. And variation of croquet had not the Civil War analysis of the social evolution baseball here are the marvelous, forgotten teams — and the country's westward expansion underwent in the last century. As it is, this the Toledo Mudhens, the Cleveland Spiders, dispersed it across the states and throughout brief work lacks the depth I would have and the Brooklyn Eckfords. There is, in the the social classes. In the 1860s the sport preferred— it has neither the sweep nor the names of these forgotten teams, a certain was played by union soldiers in confederate impact of Frommer's elegiac New York City nostalgic clatter. If primitive baseball didn't prison camps and by pioneers out on the Baseball: 1947-57 published several years make beautiful music at least it woke up wagon trail. By the time the American ago. Instead, the author has served us a the house. El centennial arrived, baseball had become a thoroughly proletarian affair. ATURALLY, as theory dictates, CALENDAR there was a cabal of capitalists N standing ready to exploit the new market. In February of 1876, Chicago KEEP UP White Sox's owner William Hulbert locked OBSERVANCES ON SANCTUARY NEWS a group of eastern businessmen in a New June 18, 1954 • Guatemalan government For $5 you can keep up on sanctuary York hotel room and badgered, wheedled, overthrown in CIA-supported coup. movement news nationally — subscribe and cajoled the National League into June 19, 1953 • Ethel and Julius to National Sanctuary Newsletter by existence. Hulbert's team dominated the Rosenberg executed. sending $5 to Terri English, 8419 decade behind the pitching of Albert June 22, 1970 • President Nixon signs Highway 973, Austin, 78719. Spalding — later a sporting-goods tycoon law giving 18-year-olds the vote. — and Hulbert used his financial ascendancy June 25, 1938 • Congress grants some NORTH TEXAS GREENS to impose a sometimes benevolent tyranny workers protection in Fair Labor Stan- The Dallas-based Upper Trinity Greens on the game. Hulbert eliminated the dards Act. have changed their name to the North gambling and corruption that had previously June 26, 1947 • Department of Defense Texas Greens. They are still seeking like- been widespread at big-city ball parks, and created. minded souls who share their he worked to formalize regulations and June 27, 1869 • Emma Goldman born. commitment to ecological wisdom, enliven the game. The better part of his June 27, 1905 • IWW (Wobblies) personal and social responsibility, energy, however, was devoted to the founded. grassroots democracy, nonviolence, complete and total subjugation of his June 28, 1969 • Stonewall Rebellion in decentralization, community-based players, a passion which his fellow magnates New York City marks start of modern economics, etc. They meet weekly on as owners preferred to be called — gay-rights movement. Sunday afternoons from 3 to 5 p.m. Call 'quickly embraced. June 30, 1982 • Equal Rights Amend- (214) 821-1968 for more information. The players, however, did not bear the ment lapses without ratification. yoke of capital willingly; in the era of the HELP FOR OLDER Haymarket riot and the populist revolts, the JOB HUNTERS Irishmen and Germans who populated the FOR VICTIMS OF AIDS The Austin Women's Center offers a majors were not about to be peacefully IN AUSTIN special program to assist men and women domesticated. In 1885 the magnates slapped AIDS Services of Austin (ASA) collects 55 years or older in the search for a job. a $2,000 a year salary limit on their food, dry goods, cleaning supplies, and For more information, contact Marcela employees — a mistake that nearly cost the other useful items for people with AIDS. Laird at the Center, 1700 South Lamar, moneybags their empire. Athletes responded To donate items or cash call ASA at (512) Suite 203, Austin, 78704, (512) 447- by forming the Brotherhood of Professional 458-3505. 9666. Base Ball Players, the first American sports union, then in 1890 by launching their own league. The Player's League had more TEXAS OBSERVER RADIO DEBATE SERIES attendance, higher revenues, and better play than the National League but lacked the resources to hold ranks against the green "Dead Armadillos: Is there life for the ammunition in their opponents' arsenal. After a season of disastrous financial losses, Democratic Party in the middle of the road?" the National League poobahs offered sufficient bribes to pry the best players away Monday, May 20, 7:30 p.m. from their comrades, and the Players At Scholtz Garden in Austin League folded, another noble experiment

THE TEXAS OBSERVER • 21 AFTERWORD The Power and the Image BY TOM McCLELLAN

I know how power works, it overturn the partisan manure has worked on me, and if I pile in Washington, D.C., at didn't know how power least once every eight years worked, I would be dead. And to keep too many maggots it goes without saying, from hatching. perhaps, that I have simply Thanks to television and never been able to afford Richard Nixon's belated en- myself any illusions concern- thusiasm for makeup, we now ing the manipulation of that have a notion more pernicious power. My revenge, I decided than charisma: "image." For very early, would be to the sake of accuracy, the con- achieve a power which cept should be renamed "ap- outlasts kingdoms. pearance" in precise con- —James Baldwin tradistinction to "reality." How does the candidate look? HE POLITICAL PARTY sound? come across? How can of which I am a he, or she, be packaged and T member is running at marketed? Will the PACs buy full steam now, buoyed by it? Some of the consequences hopes that Ed Meese, like the are at least dubious. A B-grade pig he so much resembles, will actor — skilled in appearing begin to squeal sometime statesmanly, delivering the soon, that our national Eagle lines you love to hear with Scout, 011ie North, shall be jocularity to tears on cue — seen marching off to prison on has proved eminently elect- TV screens this fall, that the GAIL WOODS able, perhaps to the nation's Ides of April shall have brought every tax- term for it, is in our Indo-European blood. detriment.- payer to detest the President who insisted on So it behooves us to keep our concept One Democratic candidate this year has "tax reform" and signed it into law, that the of political realism as clean and well-honed been forced from the contest by his image- black fruit of our million-per-moment deficit as a Saxon's sword. I address the issue inary defects; another has departed, shall continue to ripen in the summer sun, because over the last 30 years I have seen apologizing for his bow tie. Yet another and that, at last, on November 8 we shall an increasing amount of nonsense parading spoke glibly of his "Southern Strategy," reap a fine harvest of votes. under that banner. which included properly "positioning We want the power, you see — just as himself on the political spectrum" — as one much as the other guys do. We want power No sooner had the analytic experts might decide how to mount a rainbow. The explained the success of Eisenhower by over the land and the wage slaves who candidate must be malleable into whatever Freudian principles — he was a perfect inhabit it; we want power over the means shape the public seems to want, for "father figure," you may recall — than the of production and the capital that funds it. electability — perceived electability, rather, election of the youngest President to date We intend to gain it by electing a King who created by a well-timed "benchmark poll" demanded a fresh concept. "Charisma" was is beholden to us — oh yes, peers and and maintained by convincing "tracking commons, too. decided upon; if the candidate seemed polls" — is the only issue that matters, the anointed by Deity with a magnetic ability That the King will be ceremonially ultimate measure of political worth. to attract votes. . . . The results have been This spring I attended a workshop for sacrificed to four years of media attention ludicrous or dangerous, depending on one's need not trouble us; our ritual of selecting Congressional campaign managers and viewpoint. Every election year brings forth a scapegoat to be royally dressed and returned only mildly nauseated. The nature at least one Democratic hopeful topped by butchered is less ancient than our rapacity. of the menu became clear early on: How the eternal flame of a JFK haircut, For millennia our ancestors have conquered, to Run the Con du jour, Candidate as Factor preferably windblown, and 1988 has seen subjected, exploited. Hitler mistook us for avec cynicisnze, Glazed Eyeballs on both parties bearing candidates who hoped a race and added to his folly a neurotic Television et cetera. One two-hour lecture to convince the voting public that their notion of purity, but he was right about could be summarized by a string of catch ability to inspire a congregation would who's boss: Celtic, Indic, Slavic, Germanic, phrases: "Pro-active campaigns move appear equivalent to that required to Persian, Roman — by our ruthlessness we numbers with cool media." The moving have established ownership, control — at maneuver a bill through House and Senate. numbers, some with dollar signs in front, the very least, influence — over every inch That Lyndon Johnson lacked the former come from "the targeted population." "The of earth. Political realism, to use the politest and was gifted with the latter, had less targeted population" consists of people who charisma than a coon dog, and was elected care enough about their citizenship to by a landslide has been largely ignored. So register to vote, or enough about the Tom McClellan is a writer and teacher living also is the possibility that the body politic candidate to contribute to his cause, and in Dallas. has decided, in its collective wisdom, to enough about their humanity, one hopes,

22 • JUNE 17, 1988

to resent being thought of as the pigeons Matthew Arnold identified two major indications are the voter's looking for a in a half-million-buck scam operation. tributaries to Western culture: one sense of humor among other virtues, right?" No doubt the amateur cynics and jargon- represented by the Parthenon-like structure The popular contrast between tough- coiners featured by this workshop thought I was viewing; the other, by a red brick minded realist and fuzzy-minded idealist themselves political realists, when in fact building a few blocks away, where the carries little weight if one considers history. they bore about the same relation to visitor might dip in blest water to purify Truths held to be self-evident find a priori Machiavelli as does a Girl Scout to an himself and ponder Thomas More as statued ideas their natural bedfellows. Those who experienced whore. To note that conscience Sir and Saint. His official prayer, framed have shaped the political present of our can be a hindrance — should one murder nearby, petitions the Almighty for a sense nation and of the culture in which it is an opponent or have him murdered: both of humor, among other virtues. imbedded have believed in values which options are weighted with consideration of Let the reader recall the political leader transcend the material culture and the whether guilt might trip one up later — that he most admires and most respects, whose ephemeral moment; though the best of them is realism. To pretend one has no biography or handshake has most moved have given to integrity a form, and to honor conscience, or can "factor" it out — that him . . . then imagine the same personage a name. Whoever ignores this is in no sense is folly. responding to a "pro-active" theorist's a realist. request to fit the mold implied by surveys Whoever attempts to incorporate it as a HEN WHITMAN tired of the of "the targeted population," to tell voters "campaign image factor" is a fool. learned astronomer, he found a what they think they want to hear, and to I would offer an old term for the political W night full of stars to ponder. define such behavior as leadership. theorists' consideration, old at least as Sore-footed and sore-headed in the chill of "Mr. Lincoln, our make-up person wants Aristotle: ethos. As a term of rhetoric it a D.C. noon, I left the halls of pros and a more Jeffersonian expression if you can refers to the character of the speaker, what came eventually to the marble columns of manage, thanks, and the sound studio lies behind the mask of "image." For the Supreme Court building: tons of reminds us that the high pitch of your voice instance, to come through eight years' evidence that someone once believed the law can be augmented for the ads, but you'll observation of presidential speech and act beautiful and enduring, the Athenian roots need to aim lower during debates and such with the unshakeable conviction that the man of democracy worthy of an architectural — chin down, breathe deep, 'kay? The latest is far less bright than charming is to perceive allusion. And the policeman on watch the polls show a five to seven percent increase ethos. One last instance: the American ethos night before said the builders had managed in polarization on the slavery thing, so allows us honest admiration of a successful to finish below estimate and return the maybe we need to shift focus, y'know — mountebank or flimflam man, even as we surplus funds. Back then, you know, when Indian threat or something? Almost forgot, look for the tree that will carry his weight honor had a few advocates. the psycho-sociometrics are in. Current at the end of a rope. ❑

Award Winner from Texas

Anglos and Mexicans in the Making of Texas, 1836-1986 By David Montejano

1988 Frederick Jackson Turner Award from the Organization of American Historians Texas Institute of Letters Friends of the Dallas Public Library Award for 1987 Texas Historical Commission T. R. Fehrenbach Award Best Ethnic, Minority, and Women's History Publication for 1987 A reconstructionist history of Mexican-Anglo relations in Texas. Montejano addresses major questions about ethnicity, social change, and the nature of society itself. This fascinating study will alter the way we view the history of the Lone Star state.

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24 • JUNE 17, 1988