Wednesday, August 24, 2005

EDITORIAL >> No justice for Tucker

There is a school of thought that Jim Guy Tucker, our immediate former governor, deserves at least some of the opprobrium and suffering meted out to him by the sensational Whitewater prosecutor, Kenneth Starr, and politically charged federal courts, no matter how weak the case Starr drew against him. After all, as a private businessman and in a past political life, he had consorted with Judge David Hale, who he should have known was a highbinder and a rogue. It was a business deal with Hale that got Tucker convicted of the vague crime that forced him from office.

We do not have much quarrel with that idea. And Tucker, indeed, suffered grievously even if he served no jail time. He lost the highest office in the state, a bright political career and almost his life to a rare liver disease.

But even the most politically actuated among us should be repelled by the miscarriage done Tucker by the special prosecutor with the active connivance of elements of the federal judiciary. Last week, a three-judge panel of the 8th U. S. Circuit Court of Appeals at St. Louis said Tucker could not now change his guilty plea to a charge of bankruptcy fraud after discovering that the government had tricked him into the plea seven years ago by withholding the information that the law he was supposed to have violated did not exist. The judges said that whatever the strength of the charge against him, if he pled guilty he had to stay guilty. That was that.

Tucker’s case is perhaps the most Byzantine to be brought through the federal courts in Arkansas. Let us recapitulate for those whose Whitewater memories are overloaded.

The office of independent counsel, outside the Justice Department, was created to investigate President Bill Clinton’s connections with James McDougal and a couple of his Arkansas business interests, Whitewater Development Corp. and Madison Guaranty Savings and Loan, back in the 1970s and ’80s. Until Kenneth Starr, the special prosecutor, latched onto Clinton’s dalliance with a White House intern in 1998, none of the many investigations hatched out of the Whitewater inquiry turned up any misdeed by Clinton or anyone in his administration in Washington or Little Rock. We omit Webster Hubbell, a Justice Department official who was turned in by his law firm for cheating the partners, including Hillary Clinton, out of hundreds of thousands of dollars in the ’80s and early ’90s. But McDougal put the prosecutor onto Tucker, who although he was a bitter adversary of Clinton was a prominent and sitting Democratic official. That was good enough. Tucker would become the only significant pelt that Starr’s 10-year investigation could claim.

Eventually, Tucker, McDougal and McDougal’s wife were convicted of fraud in their dealings with Hale, who ran a crooked small-business lending company that accommodated prominent Republicans and some Democrats with fraudulent loans.

But Tucker’s enemies tipped the independent counsel on something else that had nothing remotely to do with Clinton – Tucker’s acquisition of a Texas cable television company in 1988 and a bankruptcy filing. Tucker, his Little Rock lawyer who devised the deal and a businessman were indicted for creating a sham bankruptcy to cheat the government out of $3.7 million in corporate income taxes.

U.S. District Judge Henry Woods threw the case out because Starr did not have the power to investigate and bring charges in anything that was not at least somehow connected with McDougal, Whitewater or Madison, which is what the independent counsel’s mandate said. But Starr sent the 8th Circuit Court of Appeals a few newspaper articles attacking Woods and suggesting he had ties to Hillary Clinton, whom he had once appointed a special master in a school case. The 8th Circuit panel, chaired by a judge who got his job by the intercession of Sen. Jesse Helms of North Carolina, reinstated the charges against Tucker and removed Woods from the case owing to the newspaper clippings, which was unprecedented in American jurisprudence.
Tucker resigned from office in 1996 when he was convicted of the fraud in the Hale case and then had a liver transplant. As Tucker’s trial on the bankruptcy matter approached, Starr’s office refused to divulge its case against him, including the specific statute he was supposed to have violated. The judge, Stephen M. Reasoner, agreed with Starr that since he was charged under a conspiracy law the government did not have to tell Tucker which law he was supposed to have violated until the trial.

On the eve of the trial, Starr’s deputy offered Tucker a deal he could not refuse. If he would plead guilty to something, whatever he chose, Starr would see that he served no jail time and could be free to pursue his business interests, even go abroad. Also, Starr would not seek a new trial if the courts overturned his conviction in the other case. Sick, fearing a prison term and unprepared to fight a case neither he nor his lawyers understood, Tucker told the judge that he was guilty of not telling the bankruptcy judge in 1988 all the terms of the CATV sale contract, although he had supplied all of it to the IRS, which ought to be the same thing.

It was in a presentencing report later that Starr divulged the statute Tucker had violated. The law had been repealed two years before the transaction. Tucker sought to overturn the sentence, alleging fraud and deception by Starr. When Starr’s office finally disbanded and its work turned over to George Bush’s Justice Department, Reasoner held a hearing to determine how much restitution he actually owed the government for the bankruptcy filing. The IRS said at most it would be less than $65,000 under the statute that existed in 1988 and now, and the tax lawyer in Bush’s Justice Department said Tucker well could be entitled to a refund on his personal income taxes rather than a penalty.

Tucker’s panel at the 8th Circuit knew all that when it ruled last week in a brief order that brushed aside all of Tucker’s arguments in a few sentences. The judges erroneously said the U.S. attorney’s office, which never had a thing to do with the case, brought the case against Tucker. Strange coincidence. If it were the U.S. attorney, the case would never have been filed because government rules re-quire IRS approval and participation to file criminal tax cases.

For 40 years, U. S. courts have been bound by the Brady precedent, which says the government must give a man a new trial if it withholds any information from him that might affect his guilt or innocence or his penalty. All the 8th Circuit chair, Judge James B. Loken, said about that was, it doesn’t apply.
The ruling will cost Tucker no fine, no prison time and no loss of future earnings, which have long since been decided, but when justice is meted out politically and not evenhandedly, we are all a little poorer for it.

OBITS

RACHEL JONES

Rachel E. Jones, 80, of Lonoke, went to be with the Lord on Aug. 22.
She was a Baptist and was retired from the state of Arkansas as a case worker for social services.
She is survived by one brother, the Rev. Kelly Jones of Beebe; a niece, Lynda Sue Reeves and husband Tommy of North Little Rock; two nephews, Ray and Roy Jones; two great-nephews, John and Brad Reeves and a host of cousins and friends.
Visitation begins at 10 a.m. Thursday at Westbrook Funeral Home, Beebe, with family receiving friends from 6 to 8 p.m.
Graveside service will be 10 a.m. Friday at New Hope Cemetery, Carlisle.

RUSSELL DORSEY

Russell Jack Dorsey, 73, of Jacksonville, passed away Aug. 22 in Little Rock. He was born on May 4, 1932, in White Hall, Va., to the late Elmer R. and Nettie E. Braithwaite Dorsey. He served in the United States Air Force and retired after 21 years of service. He was also preceded in death by his first wife, Cynthia Scott Dorsey and a brother, Tub Dorsey.
Survivors include his wife, Judy Dorsey of Jacksonville; two sons, Russell, Jr. and Douglas Dorsey, both of Cabot; three daughters, Faith Bryant of Mt. Home, Frances Fair Dorsey of Harrison and Felicia Dorsey of Memphis; five brothers, John, Jim, Blue and Jody Dorsey; two sisters, Jean Perkins and Judy Boyd; six grandchildren, and one great-grandchild.
Funeral services will be 11 a.m. Friday at Moore's Jacksonville Funeral Home Chapel. Visitation will be 6 to 8 p.m. Thursday at the funeral home.
Funeral arrangements are under direction of Moore’s Jack-sonville Funeral Home.

NINA WILKERSON

Nina Lucille Wilkerson, 86, of Pine Bluff died Aug. 19 in Pine Bluff.
She was born May 9, 1919 in England to Thomas Emery and Emma Burkett Roach.
She was a member of Watson Chapel Baptist Church and was employed for over 20 years as a time keeper with Rebsamen Motors, now Franklin Electric before her retirement.
Wilkerson is survived by two daughters, Rita Ann James of Pine Bluff and Billie Ruth Hill of Martinsburg, W.V. She is also survived by three sisters, Ruth Castleberry of Lonsdale, Jean Denton of Little Rock and Carolyn Duley of Rockville, Md., as well as 10 grandchildren and nine great-grandchilren.
She was preceded in death by her parents and her husband, William Henry Wilkerson; one daughter, Carol Borrengrasser, and two brothers, Daris Roach and Hubert Roach.
Funeral services were held Monday at Watson Chapel Baptist Church in Pine Bluff officiated by M.L. Faler and John Hagan. Interment followed in Rest Hills Cemetery in Sherwood.
Memorial contributions may be to the building fund at Watson Chapel Baptist Church 5514 Pinnacle Lane, Pine Bluff, Ark. 71603.

NEIGHBORS >> Beebe jeweler wins design award

By SARA GREENE
Leader staff writer

A bracelet and two pendants made by jeweler Lyn Edwards of Edwards’ Jewelry Bench in Beebe won three awards at the Arkansas Jewelers Association annual convention in Little Rock. The design competition is the Creative Achievement Recog-nizing Arkansas Talent (CARAT) awards.

The awards are given in four categories. Three prizes are given by independent judges based upon overall design, marketability, practicality/wearability and craftsmanship.

The fourth honor, the Convention Choice Award, is determined by a vote of those attending the convention.
The sterling silver bracelet Edwards made that won in the $1,000 and under category, along with the diamond pendant that won in the $1,000 to $3,000 category, were designed by Lori Blagg, president of the Arkansas Jewelers Association. She is the manager at Faye’s Diamond Mine in Clinton.

The white-and-yellow gold pendant Edwards made that won the $3,000 and above category as well as the Convention Choice award was designed by Faye Rodgers, owner of Faye’s Diamond Mine in Clinton. The pendant will now compete in the national Jewelers Association Design Competition in New York.
“We design the jewelry on paper and he puts the life into them,” Blagg said.
“We were flattered he put extra effort into making them winning pieces.”

It was Edwards’ first time making jewelry for the convention’s design competition.
“I felt a little bit like David and Goliath going into the competition,” Edwards said. Growing up as a Navy brat, he became interested in gemology from his mother, an earth sciences teacher. He first started making jewelry in 1973 for a high school art class.

“We melted down brass keys, and I made a heart-shaped ring for my mother,” he said.
After high school, Edwards started working at Parrish’s Jew-elry in Searcy. He moved to a jewelry store in Fayetteville and started buying the equipment to make jewelry at home.

“It was a cottage industry for me. I’d make jewelry just for recreation and then sell it at craft fairs at War Eagle Park and county fairs,” he said. Edward opened Edwards’ Jewelry Bench in North Little Rock and in 1996, moved the business to Beebe where business has been mixed.

“I’m in a luxury business and since 9/11 the economy has tightened,” he said.
Edwards, and his wife Trina, strive to be full service jewelers including repairing watches, and cleaning and repairing jewelry.

“If you can’t find it, we’ll make it,” he said.
The fashion of jewelry fluctuates between realism and abstract.
“Right now, there’s lots of attention to the sides and trellis settings under the stone,” Ed-wards explained.

“If you remember the 80s, there was a lot of nugget rings and realistic flower designs. Now the fashion is shape and color.”

Reluctant to drop names or prices, the largest jewelry item Edwards has worked on was a 15 and a half carat solitaire diamond engagement ring.

“In this business, I see princes and paupers and treat them all the same.”

SPORTS >> Sylvan Hills coaches are please with Blue-White

By JASON KING
Leader sports writer

The Sylvan Hills Bears held their annual blue-white scrimmage game on Saturday night at the Sherwood Sports Complex. Parents and hometown fans came out to get the first glimpse of the 2005 squad. Everyone who follows the team has been interested to see if this year’s team can match the Bears of the previous year, in a season that saw Sylvan Hills win their first seven consecutive games of the year in 2004. Sylvan Hills head coach Ron Sebastian was pleased overall with the performance in the intra-squad practice.
“It showed that we have made some improvements,” Sebastian said. “I think they did as good as could be expected this early in the going.”

Even though it was against the same colors, it was still a chance for Sylvan Hills to break the summer routine of morning and afternoon practices wearing pads and shorts. The Bears went with the intra-squad practice game in lieu of a scrimmage against another school. It was still the first opportunity of the year to fully suit up and make full contact in game-like conditions.

“They got to play under the lights for the first time, Sebastian said. “That’s important to them. It also gave us a chance to see what we may need to work on before the real season starts.”

Although Sebastian liked a lot of what he saw on Saturday, he was also quick to point out that there needed to be several improvements made before game one on September 2nd against Newport.

“Saturday showed we still have a lot of work to do in the next two weeks,” Sebastian said. “That’s another reason this was important for us, it gives us a good guide for us to go by to get ready. There are several things we are going to have to work on before I believe we will be fully ready.”

The scrimmage revealed weaknesses that cannot be seen as easily in a more contained daily practice. The full-field set gives the coaches a bigger picture of what their team looks like in game-like situations.
“We made quite a few mistakes both offensively and defensively,” Sebastian said. “We will look at the tapes, and see where all we can improve. Like I said, there were improvements and some simple mental mistakes, but overall I thought they did fairly good. I was pleased with how things went.”

The Bears will try to match last year’s regular season success beginning on September 2nd, as they host Newport on the opening night of the new season.

SPORTS >> Cabot finds areas that must improve

By JASON KING
Leader sports writer

“We’ve got a lot of work to do, guys.”

Those were the first words by Cabot coach Mike Malham to his team after its first competitive play of the year.

Cabot traveled to Lake Hamilton Monday night to face off against the Wolves in their annual scrimmage game. It was the first chance for Mal-ham and the Panther coaching staff to see how much progress had been made during three weeks of summer two-a-days.

Malham seemed overall disappointed in Monday’s effort, although he did see signs of improvement and some good offensive plays, especially in the late-going.“We didn’t move the ball bad at first,” Malham said. “It’s just the same old thing. We had two seniors jump offsides three times, that’s inexcusable. They are better than that.”

The scrimmage was set up with each team taking 15 plays on offense before switching sides of the ball.
Lake Hamilton came out assaulting through the air, scoring three touchdowns on Cabot in the first hour of play.

Cabot’s offense was sloppy, with a series of encroachment penalties that prevented them from converting some first downs.

The second-part of the scrimmage saw a full-scale improvement for the Pan-thers, both offensively and defensively.

John Flynn helped turn the momentum defensively with a perfect read on a Lake Hamilton pass-play. Flynn took the pick from midfield all the way back to the Lake Hamil-ton 11 yard line. Lake Hamilton would only score one more full-field touchdown play in the last half of the scrimmage.

The offense stepped things up as well in the second stage, with several outstanding runs from Alec Tripp and quarterback Corey Wade. Tripp broke one for a long-yard-age TD, and had several first-downs.
Fullback Richard Williams pounded the ball up the middle for the Panthers, making several key short-yardage gains.

The Cabot offense looked impressive against a sizeable Lake Hamilton defense in the late stages of the scrimmage.
John Stone also took one all the way from mid-field for the Panther’s offense. Cabot stuck to its familiar ground assault throughout most of the scrimmage, with a small handful of passing attempts in the first part of the night that were unsuccessful.

“The second time out we really looked a lot better, we looked more machine-like,” Malham said.
“The offense looked better; it actually looked quite a bit better on both sides of the ball.”

Malham thinks the scrimmage against the Lake Hamilton team will be very beneficial to his team, as the Wolves hit the Pan-thers with several different formations in both directions.

“They do a lot of different looks,” Malham said. “Both offensively and defensively, which is good; it lets our kids see that they are not going to throw just the things you prepared for at you.”

TOP STORY >> Manager looks forward to contest

By JOAN MCCOY
Leader staff writer

Two days into her new job as manager of Cabot Mayor Stubby Stumbaugh’s campaign for Con-gress in Arkansas’ First District against Rep. Marion Berry, Andrea Allen says her candidate has a good chance of winning the race she has always wanted to be a part of – in the district she calls home.

Allen, who hails from Walnut Ridge in the First District, said Tuesday that she sees leaving Asa Hutchinson’s campaign for governor to run Stumbaugh’s campaign as a step up in her career in politics.
“This is the race I’ve always been interested in,” Allen said. “Asa is a good man and he will make a good governor, but the First District has always been special to me. Also, I see this as a good step forward. It’s a matter of being able to move into a leadership position.”

Allen, 32, served as a regional representative for U.S. Sen. Tim Hutch-inson in his Jonesboro office from 1997-1999 before being promoted to state director.  In 2003, she became Stumbaugh’s operations director.
Earlier this year, she resigned her city job to go to work in Asa Hutchin-son’s campaign for governor as policy director. She started talking to the mayor about a month ago about running his campaign.

Allen said she spent her first official day on the job hooking up her computer and setting up a bank account for the campaign, which is headquartered for now in a small office on Second Street in Cabot. But even though she isn’t quite settled in, the campaign is already underway, she said.

She and Stumbaugh spent Monday evening with campaign co-chairs Rodney Harris of Pocahontas in Randolph County and Christi Wharton of Mountain Home in Baxter County, working on a campaign plan.
They will need a finance committee to raise money, a steering committee to work on strategy and county coordinators, she said.
“I think he could win with a half million dollars,” Allen said when asked about the cost of running a campaign.

This weekend, the mayor will be campaigning in Stone County, she said. Currently, they are working on a schedule that will allow him to meet all of his obligations to the city and still give him time to campaign.
“There’s a lot of interest in the First District about Stubby running for Congress,” she said. “He’s a motivator, he’s a good leader, and he has a lot of good ideas.”

Stumbaugh said Tuesday that he has no doubt he will be able to balance running the city with campaigning for Congress and still do justice to both.
“I’m not married, and I have no children, so I devote most of my extra time to the city,” he said. “Now, I’ll be spending some of that time campaigning.”

Stumbaugh likely will campaign some during the week, but mostly during evenings and on weekends, he said.
The First District covers 26 counties and includes the Delta area, the hilly area around Mountain Home and Heber Springs and everything in between. Its residents include the poorest of the state’s poor as well as some of its wealthiest.

A challenge, perhaps, but the mayor says he’s equally comfortable wearing overalls in a ditch or a tuxedo at a cocktail party. And he says he believes all anyone wants is for their representative to put them first.
And that is what Allen said in a prepared statement about her new job that her candidate will do.
“Mayor Stumbaugh is a leader who always puts people before politics. 

“The First District needs a representative who is able and willing to work with the president, and Democrat and Republican members of Congress, on important issues such as healthcare, the Farm Bill, and keeping our children safe from illegal drugs,” she said.

TOP STORY >> City plans to get tougher on dogs rather than ban

By RICK KRON
Leader staff writer

Even though a petition with 170 signatures to ban pit bulls was presented to Jacksonville’s dog ordinance committee Monday night, the group decided not to ban any specific breed of dog just yet.

Instead, the group of city officials, dog lovers and citizens focused on what residents need to do if they decide to keep a vicious dog in the city.

“We want to make it cost-prohibitive for many of these people and at the same time ensure the public’s safety,” said the committee chairman, Alderman Gary Fletcher.

Using an ordinance from the Metropolitan Washington Council of Govern-ments as a model, the group decided that once a dog is deemed vicious, the owner must keep the dog in a chain-link pen or run that provides the dog with at least 50-square-feet of living space.

The fenced-in area must be topped so the dog cannot jump or climb over and no one can climb in.
The run must also have a concrete floor to prevent the dog from digging out, and the owner must provide adequate shelter, water and food.

Any dog that bites or attacks twice runs the risk of being euthanized.
“We ask the judge now on second offenses for an order to euthanize the dog and he is pretty good about granting the order,” said Public Works Director Jim Oakley.

The committee further decided that any enclosure for a vicious animal must be locked with a padlock and have signs posted.

When the dog is being walked in public it must be muzzled, on a proper leash and be walked by a responsible adult.

The committee also looked at increasing fines and even adding jail time to residents who continually breed or maintain vicious dogs.

Fletcher was worried that some of the suggested penalties might be infringing on the dog owners’ right, but Alderman Emma Knight said that the type of people the ordinance is going after “need their rights violated just a little bit.”

“We’ve got to address the people,” she said, “or they’ll just go down to Republican Road and get another dog.”
The Washington ordinance puts troubled dogs into two categories: dangerous and potentially dangerous.
A dangerous dog is any dog that causes serious injury to a person or domestic animal or has been designated as potentially dangerous and engages in behavior that poses a threat to public safety.

A potentially dangerous dog is one that poses a threat to public safety by causing an injury to a person or domestic animal that is less severe than a serious injury, or without provocation, chases or menaces a person or domestic animal in an aggressive manner, or is found running loose and is impounded by the animal control officials three or more times during a year.
A woman whose Pomeranian was recently attacked by two pit bulls initiated the petition drive and presented it to the committee.

“We certainly understand and feel for her,” Fletcher said, but statistics show that pit bulls are only involved in 21 percent of fatal attacks.”

Fletcher told the committee that members made a lot of good progress on developing a comprehensive ordinance and that the city attorney would review some of the suggested penalties such as jail times of up to 90 days for people whose dogs constantly get into trouble.

Monday night’s meeting was the second one for the committee which was formed at the request of the city council after aldermen received a number of complaints about not just pit bulls, but about vicious dog attacks and bites.

Since July 1, 16 bites have been reported to animal shelter officials. Eleven of those involved dogs, pit bulls to a Lhasa apso, four bites were from cats and one from an iguana.
The committee will meet again Monday, Sept. 19, at city hall.

TOP STORY >> General to BRAC: Closings essential

By JOHN HOFHEIMER
Leader staff writer

Jacksonville-area officials and local airmen can’t be blamed if they keep a close eye on C-SPAN2 between now and Saturday, as the Base Realignment and Closure (BRAC) commission decides—on television—the probable fates of Little Rock Air Force Base and other military bases across the country.

The commission votes on the closing or scaling down of 62 major military bases and hundreds of smaller bases this week. The votes will come in hearings scheduled for Wednesday through Saturday, which will be aired live on C-SPAN2. Little Rock stands to gain as many as 60 C-130s and 3,898 new jobs if the commission endorses Pentagon recommendations on base realignment.

After two months of hearings conducted around the country, where officials lobbied to keep their bases open or maintain or increase their missions, the Pentagon last weekend had its final arguments detailing its recommendations and associated savings in cost and efficiency.

During the weekend testimony of the Pentagon, Air Force Chief of Staff Gen. John P. Jumper said that while many of the decisions related to base closures are “gut-wrenching,” the changes are needed to allow the Air Force to continue to transform to meet the war-fighting demands of the 21st century.

“The decision to close many of these bases is very personal to me,” he said. “Many of us will feel the impact of decisions.
“I lived at many of these bases as a kid while my dad was coming up through the ranks. The Air Force has experienced BRAC rounds in the past, with the most recent occurring in 1995 after the Air Force shrunk by 200,000 Airmen.

“The recommendations today are proactive. This round doesn’t only accommodate planned reductions. Instead, it allows us to reset our force, anticipate challenges and establish organizations we need for the future.”
While leaders of Little Rock Air Force Base’s community council lobbied hard over the past couple of years and said all along they were “cautiously optimistic,” Jackson-ville Mayor Tommy Swaim, brothers Mike and Larry Wilson and others said they were delighted when the base not only survived the cut list, but was instead recommended for the additional missions.

The local developers say they will build homes and apartments to allow the base to double its personnel and Metroplan and the state Highway and Transportation Department have given higher priority to road and intersection projects that would help minimize additional congestion that could be caused by the proposed influx of new airmen and civilian workers.

The commission must make its recommendations to President Bush by Sept. 8, and the president has two weeks to approve or reject those recommendations in their entirety, Con. Vic Snyder’s staff said Tuesday.
If the president approves the recommendations, they go to congress, where, unless the entire recommendation is rejected, it becomes law after 45 days, they said.

The general also said the BRAC recommendations were made with a single, total force — active, Guard and Reserve — in mind and not just as a combination of individual components or representatives.

“The Air National Guard and the Air Force Reserve are integral parts of the Air Force,” General Jumper said.
“Maintaining an optimal mix of manpower and missions among components is key to their continued relevance and critical to their contribution to the finest Air Force in the world.”

TOP STORY >> Cabot, Beebe districts grow

By SARA GREENE
Leader Staff Writer

Official school enrollment totals aren’t due until next week, but an unofficial count has the Cabot School District keeping pace with projected enrollment figures. So far, the district has 8,232 students. Last year, enrollment was just over 8,000.

“I expect we’ll get a few more students after Labor Day,” said Frank Holman, Cabot School District superintendent.

“I wouldn’t be surprised if our official enrollment number hits the 8,300 mark this year.”
Last year the district saw 290 new students on the first day of classes.

Holman said over the past three years, the district has grown by an average 250 students per year.
The Beebe School District is also seeing a jump in the student population. Unofficial enrollment at Beebe stands at 2,915, an increase of 133 students over last year.

“We’re excited,” said Scott Embry, principal at Beebe High School. “We’re seeing good steady growth and hopefully we’re gaining at a pace that keeps up with our building program.”

First-day enrollment at Pulaski County Special School District was 15,945, down roughly 2,000 from last year, but much of that was attributed to school starting on a Friday, according to a school spokesman.
Of those, 8,129 were elementary school students, 7,816 were secondary school students.

Updated enrollment figures from Pulaski County Special School District and the Lonoke School District were unavailable. Last year, Lonoke had an enrollment of 1,818.

Friday, August 19, 2005

EDITORIAL>> See you in court

The split between state Rep. Will Bond and former Rep. Mike Wilson, both Democrats from Jacksonville, isn’t exactly like one of those big breakups you read about when lawyers leave their law firms and take their big clients with them.

But the two Jacksonville attorneys have definitely gone their separate ways over General Improvement Funds appropriated earlier this year in the Legislature, which lawmakers say benefit communities but which Wilson calls pork.

The two lawyers didn’t take any clients and millions of their fees with them when they split up, but their friendship has gone out the door after Wilson filed a lawsuit to stop state funding for several of Bond’s pet projects, including $190,000 for a new Jacksonville library.

Wilson, a key player in the Legislature before term limits, says the funding violates Amendment 14 banning state-funded local legislation. In his suit, Wilson cites 11 projects funded through the General Improvement Fund, including six projects in Jacksonville funded by Rep. Bond.

Bond recently moved out of law offices he rented from Wilson in a one-story building next to First Arkansas Bank and Trust at Jacksonville Plaza, an arrangement Bond ended when Wilson filed his suit.

Bond, who is running for speaker of the House and will likely run for governor one day, said he moved to avoid the perception that he agreed with Wilson’s lawsuit or had anything to do with the suit.

“I needed to distance myself,” Bond said diplomatically. “I’m disappointed at the timing of the lawsuit and that it was filed.”

“It’s bad business from a sensible and practical viewpoint,” counters Wilson, referring to GIF. “It’s bad to give money away with no accountability.”

“The biggest problem now is simply giving away money with no purpose even required, no limitation on how the money is to be used,” Wilson added.
“I think we have a very serious (difference) of opinion,” Bond continued.

“What he’s accomplished right now is, he’s kept Jacksonville, particularly the library, from getting funding that Senator (John Paul) Capps and I (procured) to make sure we have a good library.

Although only Jacksonville funds are being held up because of Wilson’s suit, other improvement funds could disappear if Little Rock Circuit Judge Willard Proctor, who is holding a hearing on the matter on Friday, rules against GIFs, including $300,000 that Sen. Bobby Glover, D-Carlisle, Lenville Evans, D-Lonoke, and Susan Schulte, R-Cabot, earmarked for the decrepit, overcrowded Lonoke County Jail.

“I’m disappointed he filed suit to begin with,” Glover said of Wilson.

“I can defend my projects. I’m not going to fall out with Mike personally, but (the projects) mean a lot to my constituents.”

Glover said the General Improvement Fund is “about the only place we see tax dollars coming home.”

Sen. Capps, D-Searcy, said for once in his life, he didn’t need to comment much. “It’s still in the courts,” Capps told us.

Of the projects he helped fund, including those in Jacksonville, he said, “I think they are morally upright projects—money for a good cause. This is not a question of the legitimacy of the projects themselves.”

We think there is merit in Wilson’s premise, but agree with Bond that the timing of the suit creates problems.

Wilson has a long and honorable record of service to the state and support of Jacksonville, his home town.

Bond is just embarking on what promises to be an equally distinguished career of thoughtful action and educational advocacy.

Let’s hope these two hometown boys can heal their wounds. Their future cooperation would benefit their town greatly.

Thursday, August 18, 2005

OBITS

EDWARD WITTENBERG

Edward Leonard Wittenberg, 66, of Cabot, passed away Aug. 15. He was born Dec. 9, 1938, in Little Rock to the late Edward and Roberta Wittenberg.
He was a dual member of the Presbyterian and Methodist churches.

Survivors include his wife, Frances Holt Wittenberg of the home; a son, Shane Leonard Wittenberg of Little Rock; one stepdaughter, Sandy Ward of North Little Rock; two stepsons, Kent Gregory Holt of Little Rock and Paul James Holt of Cabot; and one sister, Patricia Brantley-Wittenberg of Little Rock; two grandchildren and four step grandchildren.

Graveside services will be held 11 a.m. Thursday at Walnut Grove Cemetery in Ferndale. In lieu of flowers memorials may be made to Presbyterian Church of Beebe or Cabot United Methodist Church. Arrangements by Thomas Funeral Service.

RONALD MILLER

Ronald W. Miller, 56, died Aug. 11.
He was a devout Christian, deacon and life-long member of Steele Bridge Baptist Church. He was an 18-year employee of J.B. Hunt Transport and was a veteran of United States Marine Corps where he served his country during Vietnam. He leaves behind his wife of 36 years, Rita; two sons, Raymond and his wife Jennie of England and Dewayne and his wife Stacey of Lonoke; a brother, Jerry and his wife Marilyn of Carlisle; a sister, Shelby and her husband Daryl Clements of Furlow; three grandchildren, and a host of nieces and nephews.

Funeral services will be 2 p.m. Sunday at Lonoke Baptist Church with burial in Lonoke Cemetery, arrangements by Boyd Funeral Home, Lonoke. Memorials may be made to Steele Bridge Church, Lonoke or Hospice Home Care, 2200 South Bowman Road, Little Rock.

ROBERT DORLAQUE

Robert James Dorlaque, 72, of Cabot, passed away Aug. 12. Born Oct. 19, 1932 in St. Louis, Mo., to the late Fred and Mary Dorlaque.
Also preceding him in death is his first wife, Janice Dorlaque; his second wife, Marilyn Dorlaque, and two brothers, Ed and Red Dorlaque.

Survivors include three daughters, Lana and her husband William McClain of Sherwood, Sandy and her husband Scott Todd of Florence, Oregon, and Barbara and her husband Brian Anderson of Orem, Utah; a son, Robert Allen and his wife Paula Dorlaque of Cabot; a sister, Mary Murphy of St. Charles, Mo.; four brothers, Glen, Virgil and Ollie Dorlaque, all of St. Louis, and Al Dorlaque of Deming, N.M.; seven grandchildren, and one great-grandchild.
A Mass of Christian burial was held Tuesday at St. Peter’s Catholic Church in St. Charles, Mo., with internment to follow at Calvary Cemetery in St. Louis.
Local arrangements by Thomas Funeral Service of Cabot. Missouri arrangements by Paul Funeral Home of St. Charles, Missouri.

H. F. HARVEY

H. F. Harvey, 84, of Beebe died Aug. 13.
He was a retired employee of the Jacuzzi Co. H. F. served in the Merchant Marines during World War II.
He was a member of Beebe First Baptist Church and was preceded in death by his wife, Bernice Harvey, and his daughter, Denise Keeling. He is survived by two sons, William Harvey of Batesville, Miss., and Steve and his wife Shirley Harvey of Jonesboro; a daughter, Lisa Holmes of Jackson-ville; seven grandchildren; 13 grandchildren; a sister, Alcidean Millington of Memphis, and a half-sister, Eunice McCall of Plano, Texas.
Funeral services were Tuesday at Westbrook Funeral Home, with burial in Beebe Cemetery.
Arrangements by Westbrook Funeral Home of Beebe.

ALVIN HALLMARK

Alvin Hallmark, 84, of Beebe died Aug. 12.
He was an Army veteran of World War II and a member of Beebe First Baptist Church. He is survived by his wife, Adelene Hallmark; three sons, Larry and wife Lynelle Hallmark, Ronny Hallmark and Ricky and wife Lana Hallmark, all of Beebe; four grandsons, Brent, Scott, Cory and Evan; one granddaughter, Rosemary; one great-granddaughter, Addy; one brother, Melvin Hallmark of North Little Rock; one sister, Zelda Schraer of Alvin, Texas; and many nieces, nephews and friends.

Funeral services were Monday, at Beebe First Baptist Church, with burial in Meadowbrook Memorial Gardens.
Arrangements by Westbrook Funeral Home, Beebe.

HARRY NORWOOD

Harry Allen Norwood, 70, of Jacksonville, passed away Aug. 13 in North Little Rock.
He was born July 16, 1935, in Craton, Neb., to the late Frank and Clara Erinburg Norwood He retired from the Air Force after 20 years of service.

He also retired from Hiwasse Manufacturing. He was a reserve police officer with the Jacksonville Police Department. Harry was a member of the American Legion and the VFW. He was also preceded in death by a sister, Elvina Pickles and a brother, Berna Norwood.

He is survived by his wife, Margaret; sons, Frank Norwood of Florida, Gary Norwood of Lonoke; step-sons, Ricky and Darrell Butler both of Corning, and Mike Norwood of Virginia; stepdaughter, Linda Wilcut of Corning; a brother, Dale Norwood of Bend, Oregon; two grandsons and four stepgrandchildren.

Funeral services were Monday at Moore’s Jacksonville Funeral Home Chapel followed by interment in Arkansas Memorial Gardens in North Little Rock.
Arrangements by Moore’s Jacksonville Funeral Home.

NEIGHBORS >> Austin has a clinic once again

By JOAN MCCOY
Leader staff writer

A ribbon-cutting ceremony was held in Austin Monday for the re-opening of the health clinic there.
The clinic, formerly owned by Central Arkansas Hospital, closed earlier this year but reopened this month as Northside Healthcare Center.

It is now owned by Jack Weir and his business partner Doug McVey. The staff includes Dr. Marty Hearyman, medical director, and Chuck Cardona, a physician’s assistant. Weir, 40, grew up in the Cabot area. Hearyman also has a clinic in Bald Knob. Cardona worked for many years in Dr. Bo Shurley’s office in Cabot.

Weir said the clinic will accept Medicare and Medicaid as well as most all major insurances.
After the Austin Medical Clinic closed in the spring, patients’ charts were moved to McAfee Medical Clinic in Beebe, but Weir says the move was not because the clinic had no patients. In fact, it had about 60 patients a day and saw 50 to 60 new patients a month, Weir said.

Many of those patients were elderly, he said, so the hope is that the new clinic will be more convenient for them.

SPORTS >> Stoerner stops by Wildcat workout

By JASON KING
Leader sports writer

The North Little Rock Charging Wildcats had a special guest drop by a recent practice last week. Former Arkansas Razorback and Dallas Cowboy Clint Stoerner paid a visit to the field and watched the Wildcat practice. Head coach Bryan Hutson said Stoerner did not participate in the practice, but was on-hand mostly out of curiosity.
“Clint is friends with one of the player’s parents,” Hutson said. “One of the parents called him and told him we had practice going on, and he stopped by to check it out. He and I went in the office and talked for a while, and before he left, we all went out and threw the ball around for a little while.”

The Charging Wildcats’ practices have been up and down according to Hutson, as the coaching staff has decided some of the key positions for this year’s team.

“Some days it goes well and sometimes it’s kind of sluggish,” Hutson said. “We are still doing a lot of conditioning, trying to get all of the kids ready. We are going to have several guys going both ways, so we have spent a lot of time conditioning. We had a really good practice Friday, so we are definitely improving.”
Hutson did announce part of his offensive lineup for this season.

“Right now, we have Chea Peterman as starting quarterback for this year,” Hutson said. “He’s smart, he’s a great athlete and he’s had the dedication that you need to earn that job.”

Hutson also said that a couple of the seniors have already started getting offers from Division One colleges to play in 2006. Van Stuman, senior running back and defensive end, has received offers from Arkansas and Purdue. Senior offensive guard Jonathon Nixon has gotten letters from Arkansas and Purdue as well. Both Stuman and Nixon are three-year starters for the Charging Wildcats.

“They will both probably receive several more before it is all said and done,” Hutson said. “Those are the only two so far, but there will probably be some more before the season is over with. It all will depend on how each one does throughout the year.”

Another player that Hutson seemed to think was in the running for college offers is Richard Williams. Williams is also a three year starter for North Little Rock, and has been invaluable to the Charging Wildcats on the offensive line.

North Little Rock plans to be prepared for the upcoming season, as a part of the ultra-competitive 5A central conference. While conference rivals such as Little Rock Hall and Little Rock Catholic always pose a tremendous challenge, the Charging Wildcats have worked out over the summer as hard as any team in the area. That along with the seniors that are returning to fill in many of the vital positions should help North Little Rock into the season as they enter conference play.

SPORTS >> Panthers getting over injury bug

By RAY BENTON
Leader sports editor

The Cabot Panthers continue to suffer through more injuries. The latest casualty comes at the nose-guard position, continuing a saga of soap-opera drama that has plagued the Panthers this preseason.
Cabot has yet to practice at 100-percent full strength, and the Arkansas Activities Association benefit scrimmage game with Lake Hamilton looms this coming Monday.

The Panthers would like to avoid the same result as last year’s trip to Pearcy.
The Wolves dominated every aspect of the practice game.

What that game did was reveal several areas the Panthers needed to improve before the season opener, and it did just that, recovering to dominate Conway in the Diamond Bank Bowl.

This year is different. The Panther coaching staff already has a good working knowledge of strengths and weaknesses, with much of the weakness centered around inexperience.

Lack of depth due to injuries is the main cause of the inexperience on the offensive side of the ball.
If everyone left stays healthy, there will be three brand- new starters on the offensive line. Jason Aist started on defense last year, but has moved to the tight-end position and could play both ways.

Clayton Goshiens’ move to the backfield opened up a spot at left guard, and another of last year’s starters quit the team before two-a-days began.

Sean Trammel got back just in the nick of time at left guard. He’s been out with a back injury and Thomas Hurst has played well in his absence, but Hurst suffered a stinger in his neck and is out for two weeks.

“Trammel is who we penciled in there when we moved Goshien, so it’s good he’s back. That’s where he’s going to play for now, if he moves we have a sophomore that’s looking pretty good if we can’t get Hurst back.”
Other offensive linemen have suffered injuries and missed practice, but came back this week.

The offensive backfield will see a new face at fullback. After Goshien went down with his season-ending knee injury, Richard Williams, who played the position in the spring, stepped back in to the Dead T’s featured position.

On the defensive side, some sophomores that Cabot coach Mike Malham says have been looking good, are stepping up more and more.
Malham said last week that several sophomores have played well early on in the defensive backfield.
The Keddy kid (Shane) and Chris Blundel will probably play some at cornerback,” Malham said.
“Keddy is working with the second team and will probably be on the field, but Blundel is starting. Right now him and Josh Clem will be the starters back there.”

He also mentioned Jacob Hammonds and Trent Rigdon spelling the starters at the safety position.
Malham has been particularly concerned with the injury problems because of the odd time and place of the Panthers’ season opener against rival Conway.

We’re going to have to have 22 players ready for that game,” Malham said.
“You just can’t expect a kid to both ways at 4:30 in afternoon in August at War Memorial Stadium.
“It’s hot enough as it is and that artificial turf makes it even hotter. We’re going to have to find some people that are ready to go.”

Wednesday, August 17, 2005

EDITORIAL >> Highway spoils

President Bush signed the 2005 highway bill, the largest pork barrel in American history, and proclaimed it a great economic stimulus.
The Arkansas Highway Commission, which normally is eager for every highway dollar it can get, considered it a mixed blessing.

Taxpayers, if they understood it, would have an even unkinder description.
Nearly everyone loves road building. Few of us believe our highways are good enough, which is why gasoline tax increases always pass by big margins in the legislature and voters never punish lawmakers for voting for them.
As the president remarked, they do create jobs and stimulate the economy.

President Bush has pretended to be a hawk on deficit spending, but in practice only Franklin Roosevelt and Lyndon Johnson rival him as a spender.

The highway bill spends $684 billion over five years; last week, Bush ceremoniously signed a bill giving $14.5 billion in subsidies and tax favors to energy companies. It is all money that the government doesn’t have.
We suspect that most Americans are forgiving about the overall highway spending.

A little of the money will reach every precinct whether its needs are great or not. Our little section of the state will not be entirely bereft of largesse, thanks to Reps. Vic Snyder and Marion Berry.
Each of them nailed down a little less than $40 million in what are called “earmarks,” money designated by members of Congress for specific projects in their districts that may or may not be on the list of priorities of state transportation commissions.

A splendid new thoroughfare to the Wal-Mart distribution center or a replacement for the little Tilly Willy Bridge outside Fayetteville are not among the national transportation priorities and the state Highway Commission does not list either as among the urgent needs of the state, but Rep. John Boozman of Springdale got them in the bill as his share of the booty.

That is the system that should offend every American, yet does not bother members of Congress. It is the gold version of the General Improvement Fund enacted by the Arkansas General Assembly, which has been attacked in court, so far successfully, by Jacksonville’s Mike Wilson.

Every member of the legislature is allotted a sum of the taxpayers’ money and designates little projects around their districts that will curry favor with one or another group of constituents. It is nothing more than a campaign slush fund for lawmakers contributed unknowingly by taxpayers.
So are the “earmarked” billions in the federal highway act.

More powerful members of Congress get the big bucks for their little districts. What is left is divided under a system that plays favorites (Republicans ahead of Democrats, seniors ahead of freshmen) but gives at least a little money to everyone to keep them quiet. It works.

The president went to the district of House Speaker Dennis Hastert of DeKalb, Ill., to sign the bill. Part of Hastert’s pork was $207 million for a splendid parkway across the rural counties in his district. Hastert and two big Republican lawmakers from districts without big transportation needs got $2.3 billion in “earmarked” projects.
That is more than all the state of Arkansas will get for all its federal highway aid, both pet earmarked projects and regular matching aid, for the next five years. Not even Vic Snyder would say that was unfair.

The Arkansas Highway Commission was pleased that the state will get a nice increase in aid the new five years although the commissioners thought it would be far better if the earmarks were eliminated and all the money came directly to the state to meet its most urgent needs.
The distortions were no more obvious than in California where the Republican Ways and Means Committee chairman, Bill Thomas, got money for a marginal road project that amounted to more than $1,000 a resident, while Los Angeles with a daily traffic gridlock matched few places in the world, got less than $60 a person.

Almost from the beginning of the republic, public works have furnished political spoils, but the projects were always accorded some importance to the country, or to the state.

When a boulevard to Wal-Mart is a strategic national need or sidewalks in Bigelow are a vital state concern you know that pretense is no longer necessary.

The public interest will not get in the way of politics.

EDITORIAL >> Insuring uninsured

The elderly and then children were the people who could not afford insurance and were “underserved” by the health-care system. Medicare under Lyndon B. Johnson and Medicaid expansion under Bill Clinton largely but not altogether solved those problems. Now a different group, reasonably young working adults, is the population in distress.

In few places are they in greater distress than Arkansas. The Arkansas Center for Health Improvement gave lawmakers the unnerving figures this week. Thirty percent of Arkansans between 19 and 44 are not insured, and the percentage is up 7 percent from only four years ago. The share of people from 44 to 64 and children who are uninsured is somewhat smaller but still rising.

But surely these are just deadbeats or else vibrant and prosperous young people who just do not need insurance or think they do not need it? No, the Center for Health Improvement calculated, they are working people on the low end of the pay scale, and most of them work for small businesses, those with fewer than 50 workers.
Is this a crisis, and should the rest of us take any personal interest in it except for an earnest mention in our prayers? You decide.

At some point, when their condition gets very serious, most of the uninsured wind up getting some medical attention — usually in the emergency rooms — although they cannot pay for the care and it is written off. Private hospitals and clinics shift the cost to other patients and their health insurance. Every indigent’s care adds to your premiums.

The medical director of the University of Arkansas Medical Center said his hospital spent almost $40 million a year serving the uninsured, and that the figure is rising. Those are dollars you pay directly. The legislature appropriates your tax dollars every year to operate the hospital.

That is not all that you pay for the uninsured. Your share, from the sales, income, cigarette and alcohol taxes you pay, comes to tens of millions poured into Medicaid each year for the state’s part of medical care for children under Gov. Huckabee’s ArKids First program and medical services for qualifying adults. You might as well count the three-fourths share that Washington covers each year. Those are your taxes, too. Health insurance is considered a national problem, one too daunting for poor states to tackle. But in the absence of federal action, more and more states are innovating to get more of their residents insured. State governments have always been laboratories where formulas for national problems are developed.

Gov. Huckabee and his state health director vowed several years ago to find an Arkansas solution, but the governor is yet to deliver. It is no easy task. But his new state health officer came up with a plan with great promise last year: Have businesses with low-wage workers pay premiums into Medicaid to cover the state’s 25 percent share for the companies’ poor workers. The federal government would pay the usual match. Huckabee submitted the plan to the Bush administration, which has not signed a waiver to implement the plan and, we suspect, never will.

But here’s a promising development worth our legislature’s attention. An Idaho Republican introduced legislation last week that would require Idaho businesses that do not currently provide insurance for their low-income workers to either insure them or reimburse the state government for the cost of providing medical care for their employees and families under Medicaid. The Republican was upset when he saw figures about the state’s cost providing medical care for the employees of Wal-Mart and other big discount companies.

The Arkansas Department of Human Services this spring said that the state Medicaid program paid the hospital and doctor costs for about 10,000 employees of the state’s nine largest employers. Altogether, Medicaid annually covers medical expenses for about 350,000 workers and families in Arkansas who are not insured through the workplace and cannot themselves afford to buy more expensive individual coverage.

Perhaps some bold Republican will propose something similar for Arkansas. Maybe not. But members of the Legislative Council Monday seemed to want to study it, again. Gov. Huckabee ought to put his new state health officer, Dr. Joe Thompson, on the task. That would give us greater hope than another legislative study.

TOP STORY >> Complex is planned for elderly

By SARA GREENE
Leader Staff Writer

Rep. Vic Snyder was among the speakers at a groundbreaking yesterday for construction of a three-story, 44-unit apartment complex for low-income seniors adjacent to the Jacksonville Towers.
The apartment complex will be named Worley’s Place in honor of Kenneth L. Worley, president of the Elderly Housing Development and Operations Corporation.

The National Council of Senior Citizens established EHDOC in 1978. It manages 42 communities in 14 states across the country, including the nine-story, 100-unit Jacksonville Towers apartment complex.

The $2.57 million complex was applied for through the U. S. Department of Housing and Urban Development by the EHDOC, the United Auto Workers Retiree Association and the Jacksonville Elderly Activities Program.
“One of the real challenges for all seniors is housing,” Snyder said.

“It’s particularly true in a state like ours that has a lot of low-income seniors. This is very helpful for a community like Jacksonville to help its seniors,” he added.

Jacksonville Mayor Tommy Swaim, another speaker at the groundbreaking, said there was already a waiting list of about 20 seniors for the new apartment building.

“A lot of times, seniors need a place where they’ll have the companionship of other seniors,” Swaim said.
“Worley’s Place is a great opportunity for senior citizens to improve their quality of life.”

Other speakers at the groundbreaking included Kenneth L. Worley and Steve Protulis, executives with EHDOC; Nikeba Davis, director of the Jacksonville Senior Center, and Steve Coop, spokes-man from the U. S. Department of Housing and Urban Development.

FROM THE PUBLISHER >> Old lodge to welcome bird lovers

By GARRICK FELDMAN
Leader Publisher

Bill Thompson of Cabot can’t wait for fall, when thousands of bird lovers will descend on the Big Woods of east Arkansas in search of the elusive ivory-billed woodpecker.

Thompson, former chairman of Community Bank of Cabot, is one of the owners of a duck-hunting lodge near Brinkley, and he and his partners are turning it into a lodge for bird watchers.

The Mallard Point Lodge and Reserve can book 60 people at a time, starting in November, when the leaves will fall and the mosquitoes will bug off and visibility will improve. Thompson should have no trouble filling his place, what with ivory-billed woodpecker mania sweeping much of the nation — especially since a couple of skeptical ornithologists who questioned the bird’s existence say they’re no longer doubters.

Bird fanciers will flock down here from all over the world, hoping to spot the regal bird that was considered extinct until a few months ago.

The visitors will fill Thompson’s lodge and motels from Memphis to Little Rock.
Thompson says he’s ready for them.

“We have quite a few people booked in November,” he told us.
Those of us who live near the Cache River Refuge and Dagmar Wildlife Management area, where the bird has been spotted several times since February 2004, should have a better chance of spotting the bird in the fall.
For now, the heat and mosquitoes are keeping most bird watchers away from the wildlife refuge near Brinkley, but folks with the Arkansas Nature Conservancy who several months ago confirmed the existence of the woodpecker are back in the bottomland woods with the aim of producing more food for the ivory-bill.

Workers are killing trees with chemicals that will attract the longhorn beetle, whose larvae under the rotting bark are the woodpecker’s meal ticket.

When you visit the swamp forest, you see rotting bark ripped off the cypress and tupelos, a sure sign that the woodpecker’s been around.

Add to that several sightings and the recorded sound of the ivory-bill’s distinctive double rap, and the evidence keeps building that the bird is alive and well in the Big Woods.

It’s a good sign that even skeptical ornithologists recently withdrew their report questioning the ivory-bill’s existence.
At first they dismissed the blurry video taken at Bayou DeView, which is the only visual evidence that the bird is living there.

The scientists didn’t think much of the video, but when they heard the recording of the bird’s kent sound and double rap against a tree, they said maybe there’s something to this ivory-bill fever after all.

We can thank Gene Sparling of Hot Springs, who first spotted the bird more than 18 months ago while he was canoeing, as well as the Nature Conservancy, the Cornell Laboratory of Ornithology and dozens of volunteers who have worked to prove the bird’s existence and ensure its survival by improving its habitat.

If you’re interested in spending several days in the woods near Brinkley, give Thompson’s Mal-lard Point Lodge and Reserve a call before they’re completely booked for the season.
And say hello to the woodpecker while you’re there.

TOP STORY >> CAW to raise water rates for its customers

BY JOHN HOFHEIMER
LEADER STAFF WRITER

Although not directly related to the need for Central Arkansas Water to purchase about 1,300 acres of sensitive land from would-be developers on Lake Maumelle, water rates to some customers, including Jacksonville, will be raised.

Currently Jacksonville pays CAW 94 cents per thousand gallons, and neither Ken Anderson, head of the Jacksonville Water Department, nor Bruno Kirsh, chief operating officer of CAW, was prepared to speculate on the extent of the increase to Jacksonville or other wholesale customers.

The increase is not expected to affect Sherwood residents nor Cabot-area residents, who don’t currently get water from CAW, according to Kirsh.

Anderson said he would know more about the effect on Jacksonville customers after he meets with CAW officials Aug. 23.
The new rates, part of the 2001 merger agreement between Little Rock Municipal Water Works and the North Little Rock Water Department, are intended to equalize rates between in-city customers in both cities, according to Kirsh.
The new rates reflect the financial requirements for the next three years for maintenance, operations and capital investments, he said, with Lake Maumelle land purchase money counted as a capital cost.
Rates must be equalized be-tween Little Rock and North Little Rock by 2010.

Meanwhile, lawyers for Central Arkansas Water and Deltic Timber began negotiations Friday in an attempt to arrive at a sale price for the 700 acres Deltic wants to develop just uphill from Lake Maumelle.

CAW staff and community activists say the development threatens the safety of the lake, central Arkansas’ primary source of drinking water. The CAW commission last month retreated from its order to condemn the Deltic land, giving its lawyers and those from Deltic until Sept. 8 to agree on a price.

The resolution approved at the July meeting says that failing to reach an agreement, CAW would then initiate condemnation proceedings, but environmentalists and community activists have said they fear the commission is caving in to the rich and powerful developer.

Commissioner Jane Dickey works for the Rose Law Firm, which represents Deltic in matters not directly related to the Lake Maumelle land in question.

Thursday, the commission unanimously elected Dickey, its most controversial member, to represent it on the comprehensive watershed management policy advisory council. The policy council is charged with setting the overarching goal for the plan. It will work with TetraTech , Inc., the contractor formulating the comprehensive Lake Maumelle Watershed Management Plan. Dickey was nominated as the commission’s representative by Jay Hartman at the request of chairman Tom Rimmer, who reported that he had contacted her earlier and she had agreed to serve.
Dickey did not attend the meeting. Hartman said Dickey was one of several commissioners experienced in watershed studies and issues. “Jane sticks out as the one with the background,” he said.

“I don’t want to say it doesn’t concern me,” he said of Dickey’s relationship with Deltic, “but it’s something she can work through.”
In addition to Dickey representing CAW, people representing 19 other interests have been appointed. Those interests include ratepayers, the League of Women Voters, local chambers of commerce, quorum courts, environmental groups, Deltic Timber, the U.S. Forest Service, realtors and recreationalists.

The watershed management plan will cover not just the 1,300 acre zone 1 surrounding the water treatment intake valve, but the entire 88,000 acres—that’s 137 square miles of watershed, according to Kirsh. The study, being conducted by Tetra Tech, Inc.’s North Carolina office, which specializes in watershed planning, should be completed within 18 months, with much of the work completed by late next summer.

The Tetra Tech study is much broader than what to do about Deltic, said Jim Harvey, CAW’s chief executive officer. He said Dickey had a long history of water protection work dating back to 1992.
“I can’t think of anybody else (on the commission) with her background,” he said.

TOP STORY >> Clerk in Cabot settles lawsuit

BY JOAN MCCOY
LEADER STAFF WRITER

Cabot Clerk-Treasurer Marva Verkler has dropped her federal lawsuit against the city and Mayor Stubby Stumbaugh.
Verkler said this week that continuing the lawsuit and carrying hatred for the mayor for stripping her of most of her duties as treasurer was interfering with her relationship with God.

“Carrying that hatred and revenge in my heart was getting in my way,” Verkler said. “It took two and a half years of praying to get to this point.

“I can forgive anything they may have done to me,” she said. “And I’ve asked the mayor to forgive me for anything I might have done to hurt him. It was one of the hardest things I’ve ever done. But he said he would and asked me to forgive him.”

City Attorney Ken Williams, who was still waiting for a faxed copy of the motion to dismiss from Verkler’s attorney, Ed Adcock, said if the motion said what he expected it to say, “the case is over.”
“It takes a big person to make peace, and I respect Marva’s decision,” Williams said.

Depositions in the case were supposed to begin this week. The city council set aside $20,000 in the 2005 budget to defend the city against the federal lawsuit filed in 2003. The city was represented by Steven Jones with the Little Rock law firm Jack Lyon & Jones.

So far, the case has cost the city about half that amount.
Verkler claimed in her suit that she was discriminated against because she is a woman and because she supported former Mayor Joe Allman in the last mayoral race. She was asking for monetary damages and for the court to return the duties taken from her at the urging of Stumbaugh, including her bookkeeping and check writing duties.

Those duties and most of Verkler’s staff were reassigned to Dale Walker, who was hired as the city’s first finance director after Stumbaugh took office in 2003.

In April the city council turned down an offer to settle the case for $25,000. Contacted Tuesday afternoon, Stumbaugh confirmed that he had spoken to Verkler a week earlier and that he had indeed apologized for anything he said or did after she filed her lawsuit that might have offended her.

He said he told Verkler he would forgive her for filing the suit, but he maintains that the suit was unjustified.
“I had done nothing wrong,” he said. “If they had had a lawsuit, they would have continued with it.”
“I’m glad the lawsuit is gone,” the mayor said. “But I stand where I stand; neither I nor the city did anything wrong.
“I’m glad it’s over and things have been better for the last week,” he said.