Wednesday, March 22, 2006

SPORTS >> Cabot flies by Lady Lions with late rally

BY RAY BENTON
Leader sports editor

IN SHORT: The Lady Panthers softball team scored six runs in the fifth inning to take command of Friday evening’s AAAAA-East matchup at Searcy. Cabot won the game 11-3 to improve to 7-3 so far this season.

The Lady Panthers broke open a scoreless game in the fourth inning to run away from the Searcy Lions last Friday night in a AAAAA-East conference matchup. The Cabot ladies got on the board first with the help of a couple of Searcy errors to take a 2-0 lead in the top of the fourth inning.

After that, Cabot’s bats got hot as the Lady Panthers rolled to an 11-3 victory.

While Cabot got hot at the plate, the Lady Lions defense continued to struggle, committing five total errors and giving four unearned runs.

Cabot’s seven earned runs were still plenty for the win, thanks to a strong pitching performance by freshman standout Cherie Barfield. Barfield gave up just three hits and fanned 11 Searcy batters in going the distance to get the win on the mound. It was her second win in as many nights after holding Mount St. Mary’s scoreless on Thursday.

Holding a 2-0 lead after four innings, Cabot blew the game open with six runs in the fifth inning off seven base hits and two Searcy errors.
The game-breaker came in the form of a two-out, three-run home run by sophomore first baseman Rachel Glover that capped the inning and gave the Lady Panthers an 8-0 lead.

Searcy finally got on the board with one run on two hits and an error, but the Cabot lead was too large to overcome.

Searcy pitcher Emily Hersberger started strong, giving up just one base hit in the first three innings, but got rocked late in the game. Cabot finished with 11 base hits. Hersberger recorded five strikeouts and walked five Lady Panthers.

The games results leaves Cabot 7-3 overall and 3-1 in conference play. The loss was Searcy’s first in three games, as the Lady Lions fell to 3-3 overall.

Cabot will travel to Jacksonville to take on the first-place Lady Red Devils in a huge AAAAA-East matchup Thursday.

SPORTS >> Lady Devils remain perfect

BY RAY BENTON
Leader sports editor

IN SHORT: The Jacksonville softball team won four games and the Jacksonville tournament championship this weekend to improve to 7-0 overall so far this season.

The Jacksonville Lady Red Devils won four games over the weekend, including three in the annual Jacksonville fast-pitch tournament, and won the tournament championship.

On Friday, the Lady Devils played their second conference game of the year, and run-ruled Sylvan Hills 10-0 in five innings.
The following day, they swept through Quitman Star City and DeWitt to earn their tournament championship. Jacksonville pitcher Jessica Bock continues to be strong on the mound, and the Lady Devils bats are picking things up.

Bock’s no-hitter for the season is gone. Star City got four hits in a 7-1 loss in the semifinals, but she came back from that game to dominate DeWitt. In the tournament championship, she threw her sixth no-hitter of the season, and struck out 19 Lady Dragons.

“She was on a mission in that game,” Jacksonville coach Phil Bradley said. “That was the best I’ve ever seen her throw, and that’s saying a lot because she’s had some pretty good games. This one though brother, she was out of her mind.”

DeWitt’s pitching wasn’t bad either, and kept Jacksonville off balance through five innings, but for the second time in the tournament, Jacksonville ex-ploded in the sixth.

With the score tied 0-0, the Lady Devils scored four runs off four hits. That held through the final inning as Jacksonville prevailed 4-0.

Leadoff hitter Gabriel Hart started the rally with a single to left-center field. Bock moved her to second with a sacrifice bunt and Taylor Norsworthy singled to score Hart.

Whitney Conrade sacrificed Norsworthy to second, and back-to-back singles by Somer Grimes and Ellen Burr drove in the last two runs.

Burr went 2 for 3 at the plate, and is hitting nearly .700 from the six hole in the lineup.

“She’s the one with the really hot bat right now,” Bradley said. “When you’re getting that kind of production from your six hitter, things are going pretty good.”

The seven, eight and nine hitters are coming along well also.

“For the first time since I’ve been here we’re getting production from the bottom of the lineup,” Bradley said. “When the top isn’t hitting, the bottom is picking it up.”

Jacksonville got at least one hit each from the last three hitters in the win over DeWitt, including a two-RBI, line-drive triple that hit the fence on the fly by nine-hole hitter Megan Towner.

Monica Fletcher went 2 for 3 from the seven spot.

Earlier in the day, Jackson-ville and Star City were tied 0-0 when the Lady Devils blew up for seven runs in the sixth inning.
In game one of the tournament, the Lady Red Devils run-ruled Quitman 10-0.

On Friday, Jacksonville didn’t take as long to get started, scoring eight runs in the first three innings to take command of the game early.

The Lady Devils pounded out 13 hits in the game, but left some runners stranded as well.

They pushed one run across the plate in the fourth, then added the game-ender in the fifth with a line drive to center field by Towner that scored Fletcher.

Burr got three hits and three RBIs in the game while Conrade also drove in three runs on two hits. The weekend’s activities leave the Lady Red Devils 7-0 on the season and 2-0 in conference play.

Their scheduled match with LR McClellan on Monday was cancelled and will not be rescheduled.
They are scheduled to play conference rival Cabot at home on Thursday.

The Lady Panthers beat Searcy 11-1 Friday to improve to 7-3 overall and 3-1 in the AAAAA-East.

NEIGHBORS >> Cabot rugby

BY MELISSA TUCKER
Leader staff writer

IN SHORT: High-schoolers start rugby team in Cabot with Pirate mascot

The next bad pass means five pushups,” yells Kris McKinney, the assistant rugby coach for Cabot’s new rugby team.
“I say we do 10,” one player replies.

They seem dedicated. After running a couple of drills, the players stop to get water and automatically form up a circle to start passing the ball again before the break is over.

The practice they’re at is not a regular one for the team of high school-aged students. They are at Interstate Park in Little Rock and will run a few practice drills with the men from the Little Rock Rugby Football Club.

The association with the men’s club and the birth of the Cabot Pirates team, dates back to last summer when Kyle Msall, of Cabot, played a few games with the men’s club and became interested in starting one in his hometown. Now Msall is Cabot’s team captain.

Head coach for the Pirates, Pat Beaird, said he tried to get a team going at Hendrix College in Searcy but didn’t have any luck rounding up players.

A year and a half later, he found himself coaching the Cabot team, which has recruited 24 players since November.
“This is good, they’re learning how to think,” said McKinney as he and Beaird watch the students learn to scrum down and run drills with the men’s team.

The practice has turned into a hodgepodge of advice given out by the men’s club coach and veteran players as well as the two Cabot coaches. Everyone is talking at the same time. The young novices just nod and try to take it all in.

In their first game of the season, the team beat Cordova High School in a match played in Jonesboro with a score of 27-0.
The team will play next in the under-19 division of the Ozark Tournament held in Tulsa, Oka., on the weekend of April 8 and April 9.

Three of Cabot’s players, Msall, Jason Aist and Bryan Bopp were chosen for the Ozark Rugby Union’s under-19 select side, an “all-star” team of players. As members of the select side team, they invited to play a game in to St. Louis next weekend.
“When you play for a select side, you’re considered one of the better players of all the teams in your union and you’re asked to represent those teams,” said Beaird.

He said the three don’t even realize what an honor it is to be chosen for the select side.

“They haven’t been playing long enough to know you can play for years and not be asked to play on this level. The fact they’re on a brand new team and are brand new players and got picked is huge.”

The Pirates practice on Tuesday evenings and Sunday afternoons. The next home game will be against the Bentonville Blues on April 15.

Beaird said, the team is not affiliated with the high school and will welcome any players under 19 years of age, male or female.

TOP STORY >> Payday lenders aren't leaving yet

BY JOHN HOFHEIMER
Leader staff writer

IN SHORT: The state’s largest payday lender has parted ways with its out-of-state bank, but the lender gets licenses to keep doors open in Jacksonville and in other areas around the state.

The celebration was short-lived for consumer advocates who thought the state’s largest high-interest payday lender would close all 30 of its Arkansas stores this summer, including the one at 2021 First Street in Jacksonville.

Advance America Check Cashers had partnered with a South Dakota bank, importing banking laws from that state instead of more restrictive Arkansas laws. Recently the Federal Deposit Insurance Corporation ordered banks to stop working with payday lenders making extreme high interest loans.

The Advance America stores will remain open, said a company spokesman, but will no longer be affiliated with South Dakota-based First Fidelity Bank.

The Arkansas Board of Collection Agencies, which regulates check cashers and payday lenders, issued 30 licenses March 8 for Advance America’s stores.

“Our intention is to continue operating (and) offering services,” said Jaime Fulmer, director of investor relations for the company. “We have no plans to shut down the centers. As for how we intend to operate, we don’t have an an-nouncement.”
Pressed, Fulmer would not say whether or not Advance America, which has about 2,500 stores in 36 states, would continue making payday loans in Arkansas.

Advance America grossed $500,000 per month in Arkansas last year—that’s $6 million—so many expect the company to continue making payday loans under Arkansas law, which is slightly more restrictive than the South Dakota law it has been operating under.

Advance America had an-nounced in its 2005 Securities and Exchange Commission filing that it would quit making payday loans in June and stop servicing those loans at the end of September.

The SEC filing was necessary because Advance America is traded on the New York Stock Exchange under the symbol AEA.
The SEC filing reflected First Fidelity’s announcement that it would stop working with payday lenders, as instructed by the Federal Deposit Insurance Corporation.

Operating under the umbrella of the South Dakota bank, Advance America made payday loans of as much as $900 with interest—lenders call it a fee—of 20 percent, typically for two weeks.

Operating under Arkansas law, a consumer could borrow only $350, leaving the lender a $400 check for the two weeks. That’s 10 percent interest for the two weeks, plus a $10 fee, according to Peggy Matson, director of the Arkansas Board of Collection Agencies.

“We’ll continue on, fighting the abuse that we see in charging people 500 to 800 percent interest,” said Hank Klein, speaking for the consumer coalition Arkansans Against Abusive Payday Lending.

“I’d like to think they’ve seen the handwriting on the wall,” said Klein, “but my belief is they will figure out another scheme. “Would you give up $6 million a year?”

“We understand that up in Michigan, (Advance America) just became check cashers until the loan law got changed.”

But Klein warned that under Arkansas licensure, Advance America would be under the scrutiny of Todd Turner, an attorney who has won several decisions against such lenders.

Klein’s group has been critical of what they say is Matson’s failure to rein in the high-interest lenders.

Matson’s office audits each payday store about twice a year and is hiring another auditor to make quarterly examinations of those lenders.

TOP STORY >> Payday lenders aren't leaving yet

BY JOHN HOFHEIMER
Leader staff writer

IN SHORT: The state’s largest payday lender has parted ways with its out-of-state bank, but the lender gets licenses to keep doors open in Jacksonville and in other areas around the state.

The celebration was short-lived for consumer advocates who thought the state’s largest high-interest payday lender would close all 30 of its Arkansas stores this summer, including the one at 2021 First Street in Jacksonville.

Advance America Check Cashers had partnered with a South Dakota bank, importing banking laws from that state instead of more restrictive Arkansas laws. Recently the Federal Deposit Insurance Corporation ordered banks to stop working with payday lenders making extreme high interest loans.

The Advance America stores will remain open, said a company spokesman, but will no longer be affiliated with South Dakota-based First Fidelity Bank.

The Arkansas Board of Collection Agencies, which regulates check cashers and payday lenders, issued 30 licenses March 8 for Advance America’s stores.

“Our intention is to continue operating (and) offering services,” said Jaime Fulmer, director of investor relations for the company. “We have no plans to shut down the centers. As for how we intend to operate, we don’t have an an-nouncement.”
Pressed, Fulmer would not say whether or not Advance America, which has about 2,500 stores in 36 states, would continue making payday loans in Arkansas.

Advance America grossed $500,000 per month in Arkansas last year—that’s $6 million—so many expect the company to continue making payday loans under Arkansas law, which is slightly more restrictive than the South Dakota law it has been operating under.

Advance America had an-nounced in its 2005 Securities and Exchange Commission filing that it would quit making payday loans in June and stop servicing those loans at the end of September.

The SEC filing was necessary because Advance America is traded on the New York Stock Exchange under the symbol AEA.
The SEC filing reflected First Fidelity’s announcement that it would stop working with payday lenders, as instructed by the Federal Deposit Insurance Corporation.

Operating under the umbrella of the South Dakota bank, Advance America made payday loans of as much as $900 with interest—lenders call it a fee—of 20 percent, typically for two weeks.

Operating under Arkansas law, a consumer could borrow only $350, leaving the lender a $400 check for the two weeks. That’s 10 percent interest for the two weeks, plus a $10 fee, according to Peggy Matson, director of the Arkansas Board of Collection Agencies.

“We’ll continue on, fighting the abuse that we see in charging people 500 to 800 percent interest,” said Hank Klein, speaking for the consumer coalition Arkansans Against Abusive Payday Lending.

“I’d like to think they’ve seen the handwriting on the wall,” said Klein, “but my belief is they will figure out another scheme. “Would you give up $6 million a year?”

“We understand that up in Michigan, (Advance America) just became check cashers until the loan law got changed.”

But Klein warned that under Arkansas licensure, Advance America would be under the scrutiny of Todd Turner, an attorney who has won several decisions against such lenders.

Klein’s group has been critical of what they say is Matson’s failure to rein in the high-interest lenders.

Matson’s office audits each payday store about twice a year and is hiring another auditor to make quarterly examinations of those lenders.

TOP STORY >> Tempers flare as charges are flung

BY SARA GREENE
Leader staff writer

IN SHORT: First day of filing gets off to hot start with an even more heated exchange between independent county judge candidate Dennis Gillam and White County Judge Bob Parish.

A firestorm of words erupted in the lobby of the White County Courthouse during the first day of election filing Tuesday as Judge Bob Parish confronted independent candidate for judge Dennis Gillam over rumors Parish was behind the recent consolidation of polling sites around the county from 64 to 32.

“I have never had anything to do with the way people in White County vote,” Parish told Gillam. “We have the Election Commission and that’s their job.”

“Don’t you point your finger at me, Bob, just put your damn hands in your pockets,” Gillam told Parish.

Justices of the peace Layne “Boss” Vaughn and George “Bud” Osborn, both on hand to file for their seats on the quorum court, separated the two men. Both Gillam and Parish left the courthouse and Gillam returned later to file.

He didn’t plan on it, but Brennan Stevens, an independent running for constable of Gray Township, was the first candidate to file for any White County public office when filing opened at noon.

The Republican and Democratic primary election will be held Tuesday, May 23 when voters who declare a party affiliation will choose which candidate will represent them on the ballot in the Nov. 7 general election. Independent candidates are guaranteed to be on the ballot, according to Tanya Burleson. The filing period for independent candidates begins at noon Thursday, July 20 and ends at noon on Thursday, Aug. 9.

As a constable, Stevens would have the authority to arrest, serve warrants and pursue suspected felons in the Searcy city limits. Earlier this year, the White County Quorum Court consolidated the number of townships and thereby reduced the number of constables, from 43 to 13.

The townships are now Union, Cypert, Cadron, Gray, Dogwood, Big Creek, Gum Springs, Liberty and Harrison.
“Now that I’ve filed, I got to get out and do the door-to-door part,” Stevens said.

White County Sheriff Pat Garrett filed for re-election Tuesday as well. Garrett is running for re-election as a Republican after switching political parties last year. He’s expected to have three opponents, Democrats Corey Simmons and Allen Robinson and Ricky Shourd, a Republican.

“I’m going to continue patrols in the rural part of the county to keep our communities crime and drug free,” Garrett said.
Other White County filings in-cluded Kyle Stokes-R and Dennis Gillam-I for county judge; Debra Lang-D for tax assessor, Sue Liles-D for tax collector; Tanya Burleson-R for county clerk; Jimmy House-D for justice of the peace, District 5; Layne “Boss” Vaughn-D and Bob Barnum-D for justice of the peace District 8; Jimmy Dale Smith-I for justice of the peace District 9; Bobby Quattlebaum-R for justice of the peace, District 10; George “Bud” Osborn for District 12; Roger Gray-D for constable of Harrison Township; Rick Veach-D for mayor of Jud-sonia; Julian McFadden-D and Max McDonald-D for mayor of Kensett; Mary Ann Arnett for alderman of Ward 1, Position 2 in Searcy; Carl Nutter-R for alderman Ward 1, Position 1 in Searcy and Dale Brewer-R for mayor of Searcy.

TOP STORY >> Swaim could run again

BY RICK KRON
Leader staff writer

IN SHORT: Aldermen wish the Jacksonville mayor, who said in 2002 he wouldn’t run again, would make up his mind.

Jacksonville’s 2006 political races rest on the shoulders of Mayor Tommy Swaim.

When elected for his fifth term in 2004, Swaim said it would be his last, but he is now reconsidering, and a number of aldermen are waiting on the mayor to make a decision.

Swaim has not publicly decided yet. “My wife and I have discussed it, and I’ve discussed it with friends, but have made no decision at this time,” the mayor said Tuesday.

He said four years ago this term would be his last, but back in 2002, he didn’t know that there would be so much unfinished business, such as the new library, the police and fire training center and the joint education center near the air base.

Even though independent candidates for Jacksonville offices don’t have to file until May, Alderman Kenny Elliott says he plans to run again, but he doesn’t know if it’ll be for his council seat again or the mayor’s office. “I’m waiting for the mayor to decide.” Elliott said, planning not to run against the incumbent if he goes for a sixth term.

Alderman Gary Fletcher may also run for mayor if Swaim steps aside. If he runs for mayor it’ll be his third try. “The first time I was 28 and too young, the second time I was controversial,” Fletcher said. Now at 50, he feels neither one of those are a factor. Sounding like a candidate, Fletcher said that revitalizing downtown and getting its own school district are the top two issues facing the city.

Currently, the entire council, plus the mayor, city clerk and city attorney positions are up for reelection.

If Swaim decides to go for another round, Fletcher more than likely will announce for the city council again. “It’ll give me 32 years of service,” he said.

Alderman Bob Stroud, who said he doesn’t plan to sign up forever, does plan another run for another term on the council, adding, “I hope the mayor stays. We really need his continued leadership for the next couple of years,” Stroud said.
Alderman Marshall Smith said he wasn’t sure yet, but most likely would run for another term on the city council.

Alderman Linda Rinker, who has enjoyed her first full term as an alderman, plans to run again. “And I’ll be promoting education every chance I get,” said the former principal.

The other woman on the council, Alderman Avis Twitty, also plans to run for reelection.

Aldermen Reedie Ray and Terry Sansing also look forward to another term on the council.

Alderman Bill Howard also plans to run for the city council again, but his top concern was for Alderman Robert Lewis, who has been in the hospital the past three weeks with his ongoing battle against cancer. “We need to keep him in our prayers and hope he gets well enough to run again, if he wishes.”

For all the council candidates, this year marks the beginning of four-year staggered terms for aldermen.

All Position 1 seats in the city’s five wards will be four-year terms. Position 2 seats will be two-year terms, but in 2008 will revert to four-year terms, meaning only half the council will be up for reelection at a time.

TOP STORY >> Political races underway

BY JOAN MCCOY
Leader staff writer

IN SHORT: Mayor Stumbaugh learns he has no opponent for Congress in the Republican primary.

Cabot Mayor Stubby Stumbaugh, who filed for Congress in the First District Tuesday against Marion Berry, the Democratic incumbent, will not have to run in the primary since the other Republican has dropped out of the race.

Patrick D’Andrea, also of Cabot, who announced five months ago that he would run against Stumbaugh, said on the first day of filing that he had changed his mind.

“It takes away too much time from my family and I should have expected that,” D’Andrea said Tuesday afternoon. “The tradeoff doesn’t appear to be worth it.”

D’Andrea’s wife gave birth to their daughter in January and he said he didn’t want to spend too much time away from her.
“Twenty-six counties is a lot of ground to cover and I am not prepared to make that sort of sacrifice,” he said.
Berry filed for re-election on Tuesday.

D’Andrea announced for Congress before friends and media representatives, but his announcement that he would not run was a quiet one. He said his first call was to Stumbaugh and his second was to Clint Reed, executive director of the state Republican Party.

He intended to call local papers, he said, but at 2 p.m., when The Leader spoke to him, he had not.

Stumbaugh said D’Andrea also told him that he didn’t want to sacrifice time with his family for a political race.

“He’s got a brand new baby,” Stumbaugh said. “I told him that if that was his reason for not running, then I commend him.”
Stumbaugh said D’Andrea offered to support him in his race but not campaign for him.

Quoting the adage that all politicians know — there are only two ways to run, scared or unopposed — Stumbaugh said he was pleased that he appears to be the only Republican in the race and hoped no one else files before the two-week filing period ends.

He said he is excited about the race. “I want people to know that when they vote for me, they’re voting for someone who will look out for them and not play partisan politics,” he said.

“But I will represent the views and values of the Republican Party,” he added.

FROM THE PUBLISHER >>How did we go from 10 percent to 3,000 percent on loans?

BY GARRICK FELDMAN
Leader publisher

A populist state like Arkansas, which once had the lowest usury rate in the nation — 10 percent was the interest limit until 1982 — now allows payday lenders to charge outrageous interest rates — often several hundred percent interest.

“How do you go from there to over 800 percent?” asked Cliff Hoofman, a former legislator from North Little Rock, referring to predatory check cashers who’ve been known to charge more than 3,000 percent interest.

He was addressing lawmakers at last week’s Joint House and Senate Judiciary Committee meeting, which heard testimony about abuses in the payday lenders industry and ways to regulate the businesses.

That won’t be easy: Check cashers keep bending the rules and ignoring interest limits that are in the state Constitution. Even when the Federal Deposit Insurance Corp. tells banks they cannot loan money to check cashers, they find other sources for operating capital.
Arkansans were once protected from predatory lenders, who were fined if they charged more than 10 percent interest. Contracts were voided and lenders had to repay twice the interest they charged.

Laws were in place to protect consumers, but not anymore: Amendment 60, passed in 1982, raised interest rates, but even so, Arkansas prided itself in protecting consumers from unscrupulous lenders. There is a 17 percent limit on interest rates, but almost everyone, not just the payday lenders, is flouting the law.

No wonder check cashers are protesting that everyone’s picking on them. In a way, they have a point: Credit card companies charge whatever they want and banks charge $30 overdraft fees, which are really short-term loans.

Mob juice loans are 25 percent or higher, but at least no one’s pretending they’re legal.

But payday lenders are the worst: They charge the most and exploit the most vulnerable: The working poor.

How did these check cashers sneak into Arkansas, which, as I say, had the strictest rules against gouging consumers?
Well, if you attended last week’s Joint House and Senate Judiciary Committee hearing at the Capitol, you would have learned that they sneaked in here under false pre-tenses — which figures, since they lie about everything.

The check cashers came here in 1999 and wrote the law on payday lenders, which the Legislature duly passed after the usual suspects were paid off in the form of campaign contributions.

Officially, these operators said they wanted to provide a public service to poor working people by cashing their paychecks.
“It proved to be a little more than that,” Hoofman told legislators and reminded the committee that Arkansas has “gone from being one of the most protective to totally unprotected” when it comes to shielding borrowers from predatory lending.

The former lawmaker gave the committee a little history lesson, admitting his own complicity in helping to pass Amendment 60, which raised the state’s usury limit but set no penalties on lenders who violated the new ceiling. “We failed to do what the people asked us to do,” Hoofman said.

But, in any case, he said the check cashers are violating the state’s 17-percent interest limit, and “the Legislature ought to set a penalty.”

Sen. Tracy Steele, D-North Little Rock, told the committee that check cashers have moved into Arkansas because of a lack of regulation, although he, along with consumer groups, believes that the state’s interest ceiling is being violated. He said laws must be passed to “stop these bad actors in their tracks.”

The problem with the payday loans, apart from the interest rates they charge, is that they’re not installment loans. They must be repaid in full within two weeks. If they’re not repaid, they’re rolled over and interest rates skyrocket.

If borrowers are charged more than 3,000 percent interest, they must pay back thousands of dollars on a small loan.

As Hank Klein, a former credit union executive, said last week, if you compare those rates with an automobile loan, a car buyer would have to pay back $9,000 every payday, or $1.2 million on an SUV.

If that’s how banks operated, only millionaires would drive cars.


Postscript: When my earlier column on check cashers appeared last weekend on our Web site www.arkansasleader.com, Google, to our horror, placed several payday-lender ads above the column.

That’s like putting anti-semitic ads on Web sites honoring Holocaust victims.

Google is not a very nice company — it runs ads for dubious businesses, profits hugely from pornography and makes lucrative deals with dictators. So payday lending fits right in with their philosophy.

Needless to say, we have canceled our agreement with Google to place national advertising on our Web site.
Next: Why payday lenders are hard to put out of business.

SATURDAY EDITORIAL >> Adequate school funds

Sometime before he summons the legislature into special session Gov. Huckabee should read the Arkansas Supreme Court decision that required it. A refresher civics lesson would help, too. While Huckabee will have little influence on the school legislation that emerges from the session, the extra knowledge might save the governor, or the rest of us, more embarrassment.

Huckabee continues to demand that lawmakers insert in whatever school laws they enact a blistering reprimand of the Supreme Court for holding that the 2005 school-funding laws violated the state Constitution. He wants to insert sentences telling the Supreme Court that he and the legislature have determined that their work is constitutional and that the Supreme Court should shut up and butt out.

From the day when Huckabee heard about the decision (he was out of state) until this week, his remarks demonstrate little understanding of what the Supreme Court said. He thinks the court said that it knew more about what an “adequate” education was than Huckabee and the legislature did and that the two branches must embrace its view and its budget.

One more time, class, this is what the justices said: Every time that the legislature budgets for the next two years, it is required both by the Constitution and the law that it passed in 2004 to determine what is needed to provide an adequate education for all children and then it should budget those sums.

The legislature and the governor, by their own admission, did not do that in 2005. They had determined in 2004 what was adequate and funded it — and the Supreme Court acknowledged it. But the school budget this year, unlike the budget for every other government program, did not give the schools a dime more either to cover inflationary cost increases like fuel, a pay increase or any money to cover the new financial burdens that its laws placed on the schools. Those failures provided unrebutted evidence that the school budget this year did not meet the constitutional requirement that the state must budget for an adequate school program.

Legislative leaders intend to raise the public school budget by $135 million or so over the biennium if Huckabee will call the session, and that will put the schools on the same footing with the rest of government. And the state will be on constitutional footing again as well. Huckabee seems to endorse that spending, which makes his criticism of the Supreme Court the more bizarre. The governor thinks that he and the legislature, not the courts, get to say what the Constitution means and when laws are constitutional. Ninth graders are taught the respective roles of the three branches of government.

Sen. Jim Luker of Wynne said the legislature should not include the nonsense proposed by the governor in any bill. The grandstanding would have no legal force, Luker said. And it would have no other effect except to make the lawmakers look stupid. Most of them have had enough of that. Court bashing is in vogue today in Republican politics. Last year, Republican House Leader Tom DeLay wanted to impeach judges for not intervening to keep the brain-dead Terri Schiavo on life support for many more years.

At least Huckabee is not advocating that someone poison the justices as Republican pundit Ann Coulter suggested at Little Rock last month that someone do to Justice John Paul Stevens of the U. S. Supreme Court, or have them slain some other way, as a Republican blog was suggesting for the two women U.S. Supreme Court justices who wrote that it was all right for the court to consider international law in its deliberations. Thank goodness our governor has a heart even if his judgment is lacking.

Ernie Dumas writes editorials for The Leader.

WEDNESDAY EDITORIAL >> Rewriting history

Guilt by association is a slimy tactic whether it is undertaken in the judicial or political system. Its employers should not be allowed to get away with it.

But the Republican Party and Gov. Huckabee got away with a nasty little gambit last week when they suggested that Attorney General Mike Beebe was a crony of former state Sen. Nick Wilson, with whom he served in the Senate for a couple of decades. Their implication was that a Beebe administration would smile on corruption.

Wilson, you will remember, pled guilty in federal district court six years ago to a conspiracy to skim money from state programs that he had a hand in creating.

Huckabee said that electing Asa Hutchinson as governor instead of Democrat Beebe would prevent a return to that kind of government. The Republican Party joined the attack, suggesting that Beebe and Wilson were cronies in the Senate. Beebe denied it, and Sunday the Arkansas Democrat Gazette, the party’s house organ, devoted a long editorial to rebutting Beebe’s denial that he was a crony of Wilson. It cited as its evidence a previous Democrat Gazette editorial.

The trouble is that both editorials, presumably written by the same uninformed editorialist, were flat wrong, as every state senator who served the past two decades and every legislative employee, reporter and lobbyist who hung around the Senate knows. Their enmity was legendary. A faction led by Beebe sharply curtailed Wilson’s power in the Senate and the two men held each other in thinly concealed contempt. Wilson derisively referred to Beebe and his sidekick, Sen. Morril Harriman of Van Buren, as “the golfers.”

Since Hutchinson and Huckabee have become so intimate, what if Beebe and his party were to suggest that if Hutchinson got elected he could be counted on to try to turn convicted rapists like Wayne Dumond loose so that they could murder? You can see how this thing could get out of hand.

WEDNESDAY EDITORIAL >> Whitewater, RIP

Whitewater, which started one day in 1992 in a downtown Little Rock office and expanded into the costliest and looniest investigation in American history, ended Monday morning in the most appropriate way. The U. S. Supreme Court refused to hear an appeal from Jim Guy Tucker, who was tricked by prosecutors into pleading guilty to cheating on taxes that he did not owe.

Yes, you read that correctly. After Whitewater Prosecutor Kenneth S. Starr and his cohorts finally packed their bags and left the remnants of Whitewater to the career men in government, the Justice Department and the Internal Revenue Service (and the federal courts, too) agreed with Tucker that the tax law under which he had been prosecuted had been repealed nearly two years before the cable-television bankruptcy transactions in 1988 that ensnared him. Rather than skipping out on $3.8 million in taxes, which is what Starr told the grand jury that indicted Tucker, he owes at most $62,714.94 and may be entitled to a refund.

For 40 years, U.S. courts have followed a precedent that 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. A panel of the 8th U.S. Circuit Court of Appeals at St. Louis simply said the precedent did not apply in Tucker’s case. It did not really explain why. As Tucker’s trial approached in 1998, Starr had refused to divulge to him the particulars of the case against him, including the specific law that he was accused of violating. Recuperating from a liver transplant and worrying about serving prison time if he lost, the former governor accepted a bargain from Starr to plead guilty to a reduced charge and not go to prison. Much later he would learn that they were using the outdated law, and then he wanted to withdraw his guilty plea and go to trial.

No one expected the Supreme Court to hear his appeal. It accepts fewer than 2 percent of the cases that reach it, and manifest injustice in an individual case is not usually a reason to accept an appeal. Settling the issue must have wider consequences. What are the chances a case like Tucker’s will ever arise again?

The legal non sequitur in Tucker’s case is the most fitting monument to Whitewater. It began in 1992 when Jim McDougal sat down in the Little Rock office of Sheffield Nelson, a political foe of Bill Clinton and Tucker, and told him about his unhappiness with his former friends over their failed business transactions together and their refusal to help him. (Clinton would not give him a state job.) Nelson told a New York Times reporter with whom he had done business. The reporter wrote about the transactions, including McDougal’s land venture in 1979 with Bill and Hillary Clinton on a remote mountainside in Marion County called Whitewater Estates.

When Vince Foster, a White House lawyer who had the old Whitewater records, committed suicide in 1993, Republicans in Congress got interested in the Whitewater deal. The interest quickened when Clinton’s Small Business Administration turned in a small-time Little Rock crook and Republican bankroller named David Hale for defrauding the agency of loan funds and Hale claimed that some of his dirty work was done for Clinton.

Hale’s accusation proved bogus, but the Whitewater investigation was off and running. Eventually, the government through the independent counsel’s office and the FBI would spend $70 million on the prosecution of 17 people for small-time business dealings in Arkansas, mostly with Hale and McDougal. But only one had even a remote connection to the Clintons. That was the conviction of Webb Hubbell for defrauding his business partners at the Rose Law Firm. One of his victims happened to be Hillary Clinton, a partner in the firm and, like her husband, at one time a friend.

Tucker always maintained that if the Republicans had not gone after Clinton he would never have been accused of any wrongdoing.

“It’s probably true,” the deputy prosecutor who handled Tucker’s case acknowledged Monday.

That was Whitewater and it is finally, mercifully dead. R.I.P.

Ernie Dumas writes editorials for The Leader.

OBITUARIES >> 03-22-06

ELFREDA BAKER

Elfreda Baker, 74, of Cabot, died March 19 at Rebsamen Medical Center in Jacksonville.

She was born Nov. 18, 1931 in Lenexa, Kan., to Norman and Bessie May Leonard Reeves. She was a member of Mount Carmel Baptist Church. She enjoyed bowling and was a licensed practical nurse for 48 years who specialized in elder care.
Her parents and one brother, Leo-nard Reeves, preceded her in death.

She is survived by her husband, Bil-ly Baker of the home, one son Curtis Baker of Ward; one daughter, Tamela Robinson-Williams and her husband James of Cabot.

Also surviving her are two sisters, Rosalie Wetherill of Overland Park, Kan., and Guinda Reeves of Phoenix, Ariz., as well as two grandchildren, Kayla and Kimberly Robinson and one foster grandchild, Christian Morris in addition to a host of nieces, nephews and other family.

The funeral services will be 11 a.m. Wednesday in the Chapel of Cabot Funeral Home with burial to follow in Mount Carmel Cemetery.

In lieu of flowers, the family requests memorials be made to the American Heart Association; 7272 Greenville Ave., Dallas, Texas 75231. Arrangements are under the direction of Cabot Funeral Home.


EDITH SONGER

Edith Ann Songer, 69, of Beebe went to be with the Lord on March 20. She is survived by two children, Clayton T. Songer and Shannon Magill, both of Beebe, and one nephew, James Armstrong and wife Crystal of Kensett.

She was preceded in death by her parents, one sister and two daughters.

Visitation begins at noon Wednesday at Westbrook Funeral Home, Beebe, with graveside service to follow at 2 p.m. at Weir Cemetery.


ERVIN SPEARS

Ervin E. Spears, 83, went to be with the Lord on March 17. He was born Oct. 6, 1922, in Stigler, Okla. He was a member of Steel Bridge Baptist Church in Lonoke. He was a Mason for 50 years and was an Army veteran, serving in the Second Wolrd War.

He was preceded in death by parents, Frank and Nora Spears, three brothers and three sisters. Survivors include his wife of 62 years, Lexie Sprears; two sisters, Lucille Breshears of Hot Springs and Hazel Donahue of Stockton, Calif.; two daughters, Linda Moore and husband Vernon of North Little Rock and Martha Dunigan and husband Ronald of Lexa; two sons, Ervin Spears Jr., and wife Tracy of Little Rock and Samuel Spears and wife Joyce of Loogootee, Ind.; 10 grandchildren; seven great grandchildren and a host of relatives and friends.

Funeral services were held Tuesday at Boyd Funeral Home, Lonoke, officiated by Bro. Joe Kraft and Bro. Ben Leonard with interment in Lonoke Cemetery.


HAROLD CARLISLE

Harold Carlisle, 79, of Jacksonville died March 17 at Rebsamen Medical Center. He was born Sept. 16, 1926, in Tull (Grant County) to Luther and Mae Burrow Carlisle.

He was a jolly man always with a smile on his face. He was the owner and operator of Carlisle Department Store until he retired.

He belonged to First United Methodist Church of Jacksonville where he served as Sunday School superintendent, on the building committee and on the board of trustees.

Carlisle was a member of the Methodist Men and the men’s Sun-day school class which is taught by Walt Jones and was a 46 year member of the Jacksonville Lions Club.

Carlisle was preceded in death by his parents, one brother, Ed-ward Carlisle and three sisters; Cecil Kirk, Willie Mae Scarbrough and Dulcie Smith.

Survivors include his wife of 56 years, Mary F. Coppock Carlisle of Jacksonville; one son, Phillip Carlisle and his wife Karen of Jacksonville and one precious granddaughter, Taylor Carlisle of Jacksonville, who was the joy of his life. A loving family of nieces and nephews also survive him.

Funeral services were held Monday at First United Methodist Church of Jacksonville with Pastor Don Hall and the Rev. Carol Goddard officiating. Burial was held in Ebenezer Cemetery in Tull.

Pallbearers were Danny Scarbrough, Bruce Carlisle, Bob Carlisle, Roy Wayne Coppock, James Coppock and Mark Coppock.
Honorary pallbearers were the men’s Sunday School class and the Jacksonville Lions Club.

The family wishes to thank the doctors and staff at Rebsamen Medical Center for all their care and compassion.
In lieu of flowers, memorials may be made to First Methodist Church of Jacksonville or the Ebenezer Cemetery in Tull.
Arrangements are under the direction of Moore’s Jacksonville Funeral Home.


LESTER PALMER

Lester Thomas Palmer, 67, died March 17. He was a member of Brownsville Baptist Church; retired from GTE in 1990 and was recently an associate at Lonoke County Co-op.

Survivors include his wife, Gloria Jean Palmer; four children, Joe Palmer, Jim and wife Lori Palmer and Jeremy and wife Joyce Palmer, all of Illinois and Janet and husband Wayne Brown of Texas; eight grandchildren; two great-grandchildren; sisters, Pat and husband Bill Duncan, Dora Jean and husband Louie Donath and Ina Smith of Illinois; one brother, George and wife Delia Palmer of Florida; stepchildren Chris Jones of Yellville and Jen-nifer Shepherd of Jacksonville.

Services were held Monday at Boyd Funeral Home, Lonoke with interment in Brownsville Cemetery.

Memorials may be made to Carle Hospice, 206A W. Anthony Dr., Champaign, Ill. 61822.


VICKY IRVING

Vicky Irving, 68, of El Paso was born June 26, 1937, to the late Canada Lofton and Edith Opal Height Patrom, and she died March 15.

She is survived by one son, Albert Irving of Wooster; two brothers, Charles Patrom of El Paso and Chip Patrom of Conway; five sisters, Velma Colter of Malvern, Opal Holt of Missouri, Sharon Waddle of Mayflower, Rebecca Payne of Conway and Faye Kilbourgh of Georgia.

Family will receive friends from 6 to 8 p.m. Thursday at Westbrook Funeral Home, Beebe. Funeral will be 10 a.m. Friday at Westbrook Funeral Home with burial in Grissard Cemetery.


THOMAS LONG

Thomas Joseph Long, 48, of Leesville, La., died March 12 in Leesville.  

He was born June 6, 1957, in Riverside, Calif., to Charles Thomas and Joan Boytim Long. He served 20 years in the Army until retiring in 1996.

He was employed six years with the postal service.

He was married to Chong Yun Long. He enjoyed woodworking and loved to fish. He was also a shadetree mechanic. Long was preceded in death by his father; three brothers, Russel Long, Jerry Long and Gary Long; nephew, Derek Balog.

He is survived by his wife; two children, Catherine Long of Leesville, Kevin Long of Houston, Texas; mother, Joan Long of Jack-sonville; granddaughter, Catarina Harley of Leesville; five brothers and sisters, Pat Long of Benton, Diane Laurent of Jacksonville, Linda Ferrell of San Antonio, Texas, Carol Long and Doug Long, both of Jacksonville; a host of nieces and nephews and Lucky, the cat.

Funeral services were held Friday at Moore’s Cabot Funeral Home Chapel. Burial followed at Mt. Carmel Cemetery in Cabot. The family suggests memorials be made to Shriner’s Hospital in Shreveport, La.

Funeral arrangements are under the direction of Moore’s Cabot Funeral Home.


WILLIAM MCALISTER

William “Leo” McAlister, 79, of Jacksonville, passed away March 21. Leo was born Nov. 30, 1926 in Searcy, a son of the late W.T. McAlister and Nellie Beaumont McAlister. Leo was retired from Franklin Electric.

He was preceded in death by his parents, W.T. McAlister and Nellie Beaumont McAlister; his sister, Jewel Stephens, and his daughter, Barbara McAlister.

He is survived by his wife of 10 years, Joyce Toney McAlister of Jacksonville; daughters, Shirley Bradford of Missouri and Lisa McAlister of Arkansas; stepchildren, Christine Broyles, Brenda Carter, Virgil J. Heard, all of Arkansas, and David L. Heard of Germany; four grandchildren; four sisters, Vera Hardin, Opal Moye, Imogene Wheat, Margaret Poe, and one brother, W.B. McAlister, all of Arkansas.

Visitation will be from 5 to 7 p.m. Wednesday at Griffin Leggett Rest Hills Funeral Home. Services will be at 1 p.m. Thursday at Griffin Leggett Rest Hills Chapel, 7724 Landers Road, North Little Rock, with Bro. Doug Smith officiating. Interment will be at Bayou Meto Cemetery.

The family requests that memorials be made to Marshall Road Baptist Church, 821 Marshall Road, Jacksonville, Ark. 72076.


WENDY SPENCER

Wendy Linn Davis Spencer of Cabot was born on May 25, 1975. Baptized July 29, 1985 in Strawberry River at Poughkeep-sie, N.Y., and went to meet Jesus and her baby Shae on March 20, 2006.

Wendy was preceded in death by her daughter Shae and her grandparents Radie and Irene King and special aunt Rhonda Glover.
She is survived by her husband Shane Spencer and son Tyler of the home; parents, James C. and Barbara Davis of Jacksonville; sisters and family, Gwen, Melvin, Cody, and Ali Styers of Jack-sonville; Leah, Michael Moyer, Abby and Zachary Davis of Cabot and twin brother and family Michael and Betty Davis, Maghan and Madison of Conway; grandparents, Gloria and Duaine Davis of Smithville; a special family, Jack and Judy Roberson; Ed, Kristy, Jessica, Samantha and Jill Terry; Ryan Faulk; Angela, Amber, Felicia and Molly Moore; Larry and Debby Spencer and many friends and co-workers.
Visitation will be held at Boyd Funeral Home, Lonoke from 6 to 8 p.m. Wednesday.

Funeral services will be held at New Hope Baptist Church on Hwy. 236 East at 10 a.m. Thurs-day officiated by her uncle Tim Davis. Burial will follow in New Hope Cemetery. Memorial may be made to the Arkansas School for the Deaf Foundation and Paragould Childrens Home.


CORA COFFELT

Cora Mae Grandgeorge Coffelt, 90, died March 21.

She was preceded in death by her husband, Andrew Coffelt. Survivors include her children, Rosa Mae Evans and husband Carroll of Stuttgart; Delores Robinson of Arlington, Texas, Homer Louis Coffelt of Carlisle and Elmer Henry Coffelt of Hazen; four grandchildren, Mike Robinson, Pam Maddox, Greg Robinson and Caroline Raines; and eight great-grandchildren.
Funeral services will be at 2 p.m. Thursday at First United Methodist Church, Carlisle with interment in Hamilton Cemetery, arrangements by Boyd Funeral Home, Lonoke.

Visitation, one hour prior to service at the church.


JANESSA PATTY

Jennessa Louise Patty, 31, of Gravel Ridge, died Tuesday, March 21.  

She was born March 27, 1974 in Hazelwood, Mo., to Michael W. and Nancy E. Edwards Apperson.

Jennessa was a pre-school teacher and a member of Bible Baptist Church.

Survivors include her husband Donald Patty; two daughters, Syerra Apperson and Donna Patty, both of Gravel Ridge; her parents, David and Nancy Cook of Romance; a sister, Virginia Apperson of Aus-tin; grandmother, Virginia Graul of Marble Hill, Mo., her grandfather, George Edwards of St. Louis, a stepbrother, David Cook, Jr. of Jacksonville, a stepsister, Amy Cave of Florida; a half-sister, Michelle Apperson of St. Louis; seven uncles, two aunts, two nieces, four nephews and best friend,
Nikki Dunn.

Visitation will be held from 6 to 8 p.m.Friday at Moore’s funeral home.

Funeral services will be held at 2 p.m. Saturday at Moore’s Funeral Home Chapel in Jack-sonville with Rev. David Cwenar officiating. Interment will follow at Chapel Hill Memorial Park.  Funeral arrangements are under direction of Moore’s Jacksonville Funeral Home.