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December 2008 Archives

December 1, 2008

Life before dawn

Nothing like getting an early start at work after a long holiday weekend ...

I dropped Andrew at the airport at 5 for his 6 a.m. Delta flight to D.C. via N.Y. Air travel's never as simple as it should be.

Pretty quiet over at the airport that early. Easy in, easy out. Access to PTI is convenient, even if the flight schedules aren't so much.

Speaking of convenient, the McDonald's at Guilford College operates its drive-through 24 hours and opens its dining room at 5. The only other customer when I dropped by for a biscuit and coffee was a man from out of town asking directions to Reidsville. Don't know how he ended up at Guilford College, but I figure he still had plenty of time to find his way.

Last stop before work was the post office on Murrow Blvd., where the lobby is always open and automated services help you take care of most of your mailing needs.

Oh, yeah, the N&R is pretty close to a 24/7 operation, too. For lots of my fellow employees, very late-night and early morning hours are routine, and there are no long holiday weekends. I've got to appreciate what they do.

What's so great about cold weather?

Coldest November in 32 years, the Charlotte Observer reports.

Fifth-coldest since records began in 1878 ...

More than 6 degrees below normal.

Is that good news? After all, policymakers say our climate is too warm.

Severe cold is dangerous, and drives up heating costs. Consumption of home-heating oil and natural gas increases. If our goal is to reverse a harmful warming trend (to whatever extent that's possible), what allowances should we make for the effects of winter cold?

Of course, one month doesn't indicate a long-term pattern. Fall weather doesn't even forecast what the coming winter has in store. Looks like the first 10 days of December are expected to be seasonably cool in Greensboro, not super cold. It's possible we'll experience another mild winter.

Which, after some of our recent frosty mornings, doesn't really sound so terrible.

Cocos leadership: Can leftfielder and rightfielder meet in center?

Guilford County commissioners elected Democrat Skip Alston chairman and Republican Steve Arnold vice chairman today.

Or, as Alston put it, one guy way out in left field and another way out in right. So they'll meet in center.

Maybe. Sometimes players -- particularly veteran players like Alston and Arnold -- are too set in their ways to shift positions.

Yet, this time, the two worked out a deal to arrive at today's leadership conclusion. Arnold, a fiscal conservative, wants budget reform next year, including a department-by-department examination of potential spending reductions. Alston says he supports that approach, even using an old Howard Coble term in stating that commissioners will take a sharp pencil to next year's budget.

We'll see.

In political terms, although Dems have a 7-4 majority on the board, Alston needed Republican support to win the chairmanship. He got it by backing Arnold for vice chairman.

Democrat Kay Cashion also was nominated for the top spot but lost in the initial vote.

Then Alston was chosen by a 7-4 margin, with Democrats Cashion, Paul Gibson and John Parks and Republican Billy Yow opposing. After the vote, Parks switched, giving Alston a final official tally of 8-3.

Republicans Arnold, Linda Shaw and Mike Winstead joined Democrats Bruce Davis, Kirk Perkins, Carolyn Coleman and Alston himself for Alston.

Arnold was the only commissioner nominated for vice chairman and was elected 9-2. Perkins and Gibson opposed.

It should be an interesting year, but it won't be a successful one unless there's some activity out in center field.

December 2, 2008

Terrible ruling reversed in Guilford County gun case

A Guilford County judge was wrong to order firearms returned to the defendant in a domestic violence case, the N.C. Court of Appeals unanimously ruled today.

The opinion, written by Judge Donna Stroud and joined by Judges Linda McGee and Doug McCullough, couldn't be more clear:

"On appeal, the Sheriff argues that the trial court erred by (1) finding that the Sheriff improperly seized defendant's firearms, (2) failing to conduct an inquiry as required by N.C. Gen. Stat. § 50B-3.1(f) before ordering return of the firearms, and (3) ordering the return of the firearms to a person who was prohibited by the law from possessing them. We agree."

The appeals court reversed a terrible ruling by Guilford County District Court Judge Linda Falls.

Fortunately, Falls' judgment was never implemented. Guilford County's Sheriff's Office attorney Matt Mason used a fairly obscure state law to place the firearms into the custody of the clerk of court pending appeal.

The guns never were returned. Their owner, defendent Herbert F. Gainey, died earlier this year.

The court record says his wife, Thelma Gainey, complained he physically and emotionally abused her during their 48 years of marriage, and had threatened her with a gun. On Dec. 4, 2006, she sought a domestic violence protective order against him. The DVPO was issued by Guilford County District Court Judge Lawrence McSwain and served by Sheriff's Deputy B.K. Henderson, who took seven firearms from Gainey.

In April 2007, Gainey filed a motion for return of his weapons. The motion was heard by Judge Falls on Aug. 29, and in a written order two days later she granted his motion, directing the Sheriff's Office to return his guns.

How in the world could she do that? Sheriff's counsel offered evidence that Gainey had been committed to a mental institution in 2004 and thus was prohibited by federal law from possessing firearms.

"The trial court's order contains only one substantive finding," the appeals court noted:

"The Ex Parte Domestic Violence Order of Protection signed by the Honorable Lawrence C. McSwain and entered on 12-4-06 did not order defendant to surrender to the Sheriff firearms or other items pursuant to Paragraph 13, page5 at said Order. Defendant's property was seized without an order of the court and such seizure was improper."

So, because Judge McSwain did not specifically order Gainey to surrender his firearms to the sheriff, Falls reasoned, the sheriff was not authorized to take them.

Except, as the court said, Gainey wasn't supposed to have them in the first place.

Furthermore, Falls didn't even conduct a proper inquiry, the appeals court ruled.

"There was highly persuasive evidence in the record that defendant had been committed to a mental institution in 2004, which under federal law would have precluded defendant from receiving a firearm. See 18 U.S.C. § 922(g)(4) (2006). Furthermore, there was no evidence in the record to indicate that the seizure of defendant's firearms by the Guilford County Sheriff's Department was illegal. Because the trial court did not make the findings required by the statute, and because the findings that it did make were not raised in the motion and were not supported by any relevant evidence, we reverse and remand in order for the trial court to conduct a proper inquiry as required by N.C. Gen. Stat. § 50B-3.1."

I spoke briefly with Judge Falls this morning, but she did not have time then to comment and promised to call back. I'll update.

But the real story here is the good work by the Sheriff's Office and its attorney, Matt Mason, to make sure -- despite Falls' order -- that the firearms never were returned to Herbert Gainey.

Footnote: Judge Falls was defeated in last May's primary in her bid for re-election and will leave the bench at the end of the year.

However, DA Doug Henderson has hired her to work as an assistant district attorney after she leaves the bench.

Update, 5:45 p.m. Tuesday: Judge Falls called back a few minutes ago. She had read the Court of Appeals ruling, remembered the case but had not reviewed the files and said she could not comment in detail.

She did say she tried to the best of her ability to apply the law properly in the case, which she called a case of first impression, meaning there was no guiding precedent.

She said it's the job of the Court of Appeals to offer "instruction" about the law, and that she appreciates its work. Sometimes, trial court judges are reversed by the appellate courts, she said.

Preview: We'll have an editorial about this case in our print and online editions Wednesday.

Addemdum: The Court of Appeals also weighed in on the work of other Guilford County judges today. For summaries, please continue reading below:


Continue reading "Terrible ruling reversed in Guilford County gun case" »

The president has important work to do

Taking nothing away from the volunteers honored, but ...

... who's our real president right now?

Bush?

Or Obama?

Faster and faster

My mind has been racing all day over this story:

How fast can humans run?

We know that Jamaican Usain Bolt set blistering world records of 9.69 seconds for 100 meters and 19.30 for 200 at the Olympics in Beijing this summer.

Stanford researcher Mark Denny now predicts how much faster it's possible for someone to run.

Of course, we already know that 9.69 is far from the limit for 100 meters.

How? For one thing, Bolt eased up at the end of his race.

More to the point, he already has run faster.

Take his 200 time of 19.30 and divide by 2. He covered each 100 meters in an average time of 9.65 seconds. If you clocked him at peak speed somewhere in the middle of the race, he probably rocketed a hundred in 9.5 or better.

Denny states the obvious when he says there is a limit to how fast a man can run. After all, not even light can get from here to there in no time. Bolt's nickname may be Lightning, naturally, but he's not really that fast.

What Denny adds is that he hasn't figured out what it is exactly that limits how fast a man can run.

He probably never will ... which is why I think it's nonsense to pick a specific time for 100 meters and declare that's it; there, and no faster.

Faster is always possible.

I was never any sprinter, but I can think of plenty of variables that can line up in favor of a faster time.

A quicker reaction time at the start. A better lean at the finish.

A faster running surface. A little more wind at the back, but not quite enough to nullify a time as wind-aided. Racing at higher elevation to reduce air resistance. Shoes that grip better and give more bounce. More aerodynamic clothing.

Then, when one extremely talented, superbly trained and conditioned athlete runs absolutely as fast as he possibly can, along comes another who's just a fraction better.

Or, in Bolt's case, several fractions.

I admit I didn't think I'd see the 100 record pushed down to 9.69 so soon. It took eight years to drop it from 9.79 to 9.74, an improvement of .05. Bolt cut it by an equal amount in less than one year.

But if he can run 9.69, someone else will come along who can run 9.68.

The great Jesse Owens ran a record-smashing 10.2 in 1936. Maybe by the 200th anniversary, someone will beat that by a full second. Another century or two and the 9-second barrier will be history.

Once people thought it was physically impossible to run a mile in less than 4 minutes. Roger Bannister disproved that notion in 1954. Now the record is 3:43, and the 8-minute mark long since has been broken for 2 miles!

Sure, there are limits. But you can be sure of this: You won't see a measurable athletic performance that you can say for an absolute certainty can never possibly be bettered.

Records are made to be broken.

December 3, 2008

UNC guy’s blog mixes cool chemistry

My column today:

There’s this guy at Carolina.

He’s into chemistry but also plays in a band.

Digs the Heels — football, basketball and other sports.

Enjoys road trips.

And writes a blog that’s pretty much a must-read.

See, he’s not a typical college dude.

Name’s Holden, and he’s the chancellor. ...


Continue reading "UNC guy’s blog mixes cool chemistry" »

Brain freeze

I've always been a Michael Jordan fan, but he sure hasn't transferred his personal success to Hanesbrands or the Bobcats.

When you make $179,000 a year, it shouldn't be considered punitive to stay at that level rather than get a pay raise. As in: "We think you earned this great, big salary and we're offering the same amount for next year."

Greensboro might have the worst crime of any North Carolina city, but I don't know how Durham can be left out of the rankings.

Giving North Carolina an F for college affordability is only half the story. What students, or their parents, don't pay, taxpayers do. Affordability for them ought to be considered, too.

Plea to homeowners with lawn-watering systems that drench streets and sidewalks: Please shut them off on mornings like this. I'd rather not slip and fall on the layer of ice you're creating.

Not so fast on Hillary's new job

Uh oh. There's a buzz in Washington about a constitutional impediment to Hillary Clinton's appointment as SecState. It's found in Article I Sec. 6:

"No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time ..."

Which means, that because Condi Rice got a pay hike while Hillary was in the Senate, Hillary can't reap the benefits by moving into the SecState job.

Not for a minute do I think anything like the Constitution actually will block Hillary's official nomination and confirmation, but it will be interesting to see exactly how this problem is skirted.

Who wants to be secretary of state, anyway?

Speaking of Condi Rice, the Times of India thinks she's giving India the go-ahead on military strikes against terrorist targets in Pakistan.

I hope they aren't talking nukes.

Maybe Hillary doesn't want to take over.

December 4, 2008

Obama Christmas gifts

The Obama campaign is staying in touch and thoughtfully making holiday gift suggestions:

"This holiday season, celebrate the historic accomplishment of our movement for change. Treat yourself or a loved one to a limited edition Obama coffee mug.

"Make a donation of $15 or more right now and get an official Obama mug to mark an amazing year:

"Items purchased by December 15th are guaranteed to be delivered before December 25th.

"When you make your donation, you'll be supporting the Democratic National Committee. The resources they invested in the 50-state organizing strategy made this movement possible -- help us build for future victories together."

I'll pass, but you can order yours here.

Feeling better about the state's numbers racket

Pondering this quote in Mark's lottery story today:

"It does make me feel a little bit better knowing that the decision we made has helped the lottery from a player perspective and in turn helped our revenues," said Rep. Maggie Jeffus, a Greensboro Democrat and House budget writer.

I'm afraid Rep. Jeffus is entertaining contradictory thoughts.

The legislature, with her support, OK'd an increase in payouts for some lottery games. The idea was to entice more people to play and increase lottery revenues. The scheme worked.

The bottom line, as she noted, is that the change "helped our revenues." That means more money was transferred from individuals to the state. Which also means, from a "player perspective," that the change was a loser. The people risked more and, in total, lost more.

Should that really make Rep. Jeffus "feel a little bit better"?

Particularly when studies consistently show that the poor play more?

Mark also notes that the lottery commission wants to look into appealing to Hispanics, who apparently aren't contributing their fair share to lottery revenues.

Solution: Spanish-language advertising.

Problem: The lottery law says, "No advertising may intentionally target specific groups or economic classes."

So, the lottery people have to figure out how to intentionally target a specific group (Hispanics) without violating the law.

I hope, when they run their first Spanish-language ad, Hispanic advocacy groups will complain to the attorney general, and I hope he will nail the lottery commission the way he nailed gas price-gougers, who, ethically, are exactly on the same plane.

What I actually expect to happen is for the legislature to help out again and change the law so that the lottery commission can advertise any way it wants. Its ads already are designed to entice people to play, naturally, which believe it or not the law also prohibits.

This problem is a little thornier because it's obviously more exploitative to target Hispanics, but if doing so promises to bring in more money I have no doubt that compliant legislators will manage to feel better about it.

Rodney Rogers is in a tough fight

Rodney Rogers was a great basketball player at Wake Forest, and a good pro.

He's also had a very positive, productive life after basketball in his hometown of Durham.

Rogers was severely injured in an ATV accident recently and, at 37, may not walk again.

The N&O reports in detail today.

Prayers and best wishes to Rodney Rogers.

DWI case update

Updating the story of Michael Charles Parks, the allegedly drunken driver who ran a van off South Lindell Road and struck and seriously injured a 12-year-old boy.

The good news is that, after a stay at Brenner Children's Hospital, Drew Gardner is recovering at home. Here's his blog (written by mom, Megan).

Parks also seems to be home.

After the incident, which occurred Nov. 11, Parks was taken to the hospital for treatment of injuries. He was charged with DWI and driving while license revoked on that day but not taken into custody. Nor was an order for arrest, that had been issued back in July in connection with another case, served. Court records showed he had not completed required community service for a 2007 hit-and-run and failed to appear in court. Hence the order for arrest, which police didn't get around to serving for four months.

After Parks left the hospital, police weren't able to locate him for a while. They did seize and impound his 1995 Chevy van, however.

Except it wasn't actually his van. The owner was listed as Timothy Patrick Murphy of Farmington Drive in Greensboro.

This was obviously a bad turn of events for Murphy, and on Nov. 19 he swore out a warrant for Parks' arrest, charging him with taking and operating the van without the owner's permission. On this warrant, Murphy listed his address as 3803 Parkwood Drive, the same as Parks'.

On Nov. 25, as we reported, Parks turned himself in to police and was charged with aggravated felony serious injury by vehicle, in addition to the previous charges. He also was served with Murphy's warrant and with the July order for arrest.

Despite all that, magistrate J.W. Lung set a low cash bond of $1,500, which was posted by Michael L. Parks of Oak Island, N.C. As far as I can tell, Michael C. Parks has not spent a night in jail as a result of this incident, yet. That certainly will change if he is convicted of all charges, but no trial date has been set.

I've got a call in to Murphy to see if he's gotten his van back. He may be another innocent victim of Parks' recklessness, after Drew and his family, if he did not allow Parks to take it.

I hope Parks does not have access to, or the urge to drive, any other vehicle.

December 5, 2008

Irish tenors + Christmas favorites = holiday cheer (just add your own Guinness)

Take Three Irish Tenors singing Christmas favorites, and you've got a formula for a crowd-pleasing show.

That was the scene at the Carolina Theatre last night.

The lads threw in some Irish standards, like "Danny Boy," for good measure, added cheerful banter, and stayed around afterward to gab with fans. So it was a fine evening.

Still, their current "Christmas From Dublin" tour, which began Nov. 29 in New Jersey, has a bit of an impromptu look about it.

For one thing, the trio isn't quite the same as shown on the Web site. P.J. Hurley is replaced by Des Willoughby. No problem there. My wife, the music teacher, liked his voice best of the three.

To my ear, they all blended well -- though Kenneth Regan sounds more like a baritone.

Then, they brought out a "special guest," introduced as one of Ireland's finest sopranos. I never caught her name, which didn't appear on the program or the Web site. She's probably sixtysomething, short, plump and an entertaining performer with bright blue eyes, red hair and strong pipes.

The group carried six backup musicians led by director David Wray (not that David Wray) on piano, with others handling violin, woodwinds and horns, percussion, bass and keyboards. The keyboard player seemed superfluous.

I'm not sure, except for Wray, that the musicians were regulars with the trio. Ciaran Nagle joked that the band from Dublin never got farther than St. James Gate, where Guinness is brewed. I'm sure many an Irishman has stumbled there.

Nevertheless, the three stars are talented and convey the warmth and spirit of the season, in their own Irish fashion. If you can't spend Christmas in Dublin, Christmas from Dublin isn't a bad substitute.

All that was lacking was the Guinness, but they send plenty to America these days. For those interested, an ample supply was available at M'Coul's just across the street.

Christmas trees no longer acceptable at Carolina? Sheesh

Is it now official policy at Carolina that displays associated with Christmas are out?

"Associate provost Sarah Michalak decided against the trees. Michalak said she eliminated the displays after getting questions and complaints from employees and library users about the Christian display."

Complaints about Christmas trees? Good Lord.

I think if Nancy Pelosi can light a Christmas tree on the grounds of the U.S. Capitol without violating the First Amendment, it shouldn't be such a big problem to continue a tradition of placing Christmas trees in the libraries at Carolina.

Update: Chancellor Holden Thorp says there are plenty of Christmas trees on campus. That's the spirit!

Update: BobLee praises Thorp.

December 6, 2008

Now we want more cars on the road

I'm watching a heckuva basketball game between State and Davidson, and it seems that Dodge has bought a lot of the commercial time.

So, one ad shows thrillseekers joyriding over sand dunes and through rivers in Jeeps. Another features the massive-yet-luxurious Ram pickup.

Now, we've just seen the Big Three honchos telling Congress why they need billions in government loans.

Yeah, I get it that Americans aren't buying enough Jeeps and Rams anymore.

I don't get the push by liberal Democrats to pump up Chrysler, GM and Ford so they can sell more SUVs and trucks to American consumers.

I thought this was the bunch that had decided we had too many motor vehicles, especially big gas-guzzlers, on our roads already. Not to mention off-roads.

What about the traffic congestion, the pressure on overtaxed highways and bridges, the environmental degradation, global warming? Don't they want to get more people into mass transportation?

Yeah, yeah, yeah. The Big Three are going to make more hybrids, improve fuel-efficiency, step up research on electric, hydrogen fuel cell, whatever.

But, come on. If they're going to make it in the short run, they've got to move the products Americans want to buy for the prices they'll pay.

With the return of cheap gas, Jeeps and Rams might be rolling again. Probably not for long, but we don't like to look down the road too far.

Anyway, the Dems' eagerness to bail out the U.S. automakers and the UAW tells me other issues are shoved to the side of the road. We don't want fewer vehicles on the highway, we want more -- even more hogs -- just as long as they're made by Detroit and union labor.

Hey, selling cars is fine by me.

But, if the bailout succeeds, I hope we won't start hearing the politicians who supported it griping about too many vehicles on the road. Sorry, environmentalists. Even liberals in Washington say jobs, the right jobs, matter more.

December 8, 2008

About those gas prices ...

Who gets political credit for the extraordinary drop in gasoline prices?

No one ought to, of course. Politicians don't control the global oil market.

But back during the recent campaigns, when gas prices soared to record highs, there was no doubt who was catching the blame: incumbent Republicans.

In her run against GOP Sen. Elizabeth Dole, for example, Democrat Kay Hagan made gas prices a big issue. Remember her many visits to gas stations where she shared the pain with unhappy consumers?

Here's a press release her campain put out on July 10. It noted: "A gallon of gas is currently $4.11 per gallon nationwide. When Elizabeth Dole took office in 2003, the average price of gas was $1.52 per gallon."

Well, today the average price of gas is $1.71, according to AAA. And it's still heading down.

By the time Hagan replaces Dole in the Senate four weeks from now, the average price might be right around where it was when Dole took office six years ago. I haven't heard anyone thanking her for bringing them back down the way she was linked to their rise.

Any bets on where the price will go during Hagan's six-year term? Yeah, I'd say nowhere but up. So, in 2014 some challenger is likely to pin it on her when motorists are paying $5, $6 or even more for a gallon of gas.

Maybe that won't be such a huge concern by then if the country makes a lot of progress in developing alternative fuel sources. But there's no way we'll have completely kicked our oil addiction by then, so prices probably will carry some political implications.

There were good reasons why Hagan should have been elected to replace Dole in the Senate. Dole didn't live up to voters' expectations during her one and only term. But it wasn't her fault that gas prices spiked in the summer of 2008. U.S. senators don't have anything to do with the price of oil, as I'm sure Sen. Hagan will argue in 2014.

The president should smoke if he wants

If Barack Obama feels the urge to puff on a cigarette in the White House, he ought to go ahead and light up.

The president-elect said yesterday he'll abide by the executive mansion's smoke-free policy.

Why should he? Beginning Jan. 20, the White House will be his residence for at least the next four years.

Don't Americans still have the right to smoke in their own homes?

This isn't a matter of law. The Clintons set the no-smoke policy in 1993. Obama can change it.

I'm not a smoker, but plenty of people are -- including our next president, at least occasionally. Maybe he finds it relieves stress.

If so, let him at it. He's going to have some tough days in the White House, and if a cigarette helps him get through them, no one should stop him.

He's the boss, for cryin' out loud.

Down the hatch

Happy Holidays from InBev, St. Louis.

December 9, 2008

Let Mohammed and pals plead guilty

If alleged 9/11 mastermind Khalid Sheikh Mohammed and other al-Qaida operatives plead guilty to their crimes, the country can be spared long and possibly messy trials.

Unfortunately, pleading guilty apparently creates other legal complications in a capital case.

The Miami Herald says one issue is "whether the 2006 act of Congress that created the war court allows accused terrorists charged in a capital case to submit guilty pleas, without a jury of at least 12 U.S. military officers present to hear them and the evidence."

Can you execute a defendant who doesn't defend himself in court?

Well, the 9/11 victims, except those of United Flight 93, didn't have a chance to defend themselves.

Mohammed, a 1986 N.C. A&T engineering grad, should get no sympathy if he is sentenced to death. But spending the rest of his life in the darkest, loneliest corner of a federal prison would be appropriate punishment, too. He doesn't deserve martyrdom.


The death penalty, with all its complications, would keep the case alive too long. Let Mohammed and his pals plead guilty, and then drop them into a dungeon somewhere.

Case closed.

Land of Lincoln? Not anymore

This level of corruption is just amazing.

The FBI arrests Illinois Gov.Rod Blagojevich, alleging he put Barack Obama's vacant Senate seat up for sale and tried to make a deal to have the Chicago Trib's editorial board fired in exchange for state help in selling Wrigley Field, owned by the Tribune Co.

Should be lots more good stuff coming out about this.

... including this: Blago thought about appointing himself to the Senate seat, U.S. attorney says.

December 10, 2008

Departing governor remains a mystery

My column today:

North Carolina’s Man of Mystery was at it again last week ...

Continue reading "Departing governor remains a mystery" »

Governors' powers must be monitored

I wonder what the Kennedys are offering for Hillary Clinton's Senate seat in New York.

Just kidding. That sort of thing doesn't happen ... outside Illinois. Does it?

The Blago blowup in the Land of Lincoln shows how much power some governors have -- and how easy it can be exploited.

In New York, the man with the authority to appoint the next senator wasn't even elected to the office of governor. He's former Lt. Gov. David Paterson, who took office in March after Gov. Eliot Spitzer was snared in a sex scandal and resigned.

In Illinois, meanwhile, there's strong interest in seeing that Gov. Rod Blagojevich does NOT appoint Barack Obama's successor in the U.S. Senate. The state legislature will meet next week to consider calling a special election or some other process to name a senator.

However, questions remain about authority. It seems that, even under indictment, the governor is still empowered to make the appointment. Can the legislature even call a special election? It might be wiser to impeach the governor and get him out of the way.

This incident ought to raise awareness in every state. None may be as corrupt as Illinois, but all allow their governors considerable powers that ought to be monitored.

The North Carolina constitution gives the governor the power to appoint the heads of certain executive agencies. (Council of State members are elected directly by the people.) These appointments should not go to the highest bidder, i.e., big campaign contributors.

The governor, by statute, is empowered to fill vacancies that occur in Council of State offices, jjudicial offices, district attorney positions, state legislative offices and U.S. Senate seats.

There should be transparency in that process. Who are the candidates being considered? What are their qualifications?

When these offices are filled by election, the voters have many months to examine the candidates. When the governor makes appointments to fill vacancies, the public usually knows little or nothing until the appointment is made. Secrecy makes it easier for corrupt deals to occur.

It's a good thing the FBI was watching Blagojevich. It will be interesting to see what else this investigation turns up.

The FBI can't keep an eye on every governor.

Smithfield workers voting, by secret ballot

Employees at Smithfield Packing Co. in Bladen County are voting today on whether to affiliate with the United Food and Commercial Workers International Union ...

... by secret ballot.

Isn't that the best way to arrive at a fair determination?

So why would anyone support a measure that would circumvent secret-ballot elections?


Hope springs eternal

As a last-minute Christmas shopper, I really appreciate the timely reminders I receive from the perpetual Obama campaign. In today's email:

"Show your support for our ongoing movement with an Obama four-year calendar -- or share one as a holiday gift.

"Make a donation of $35 and get a limited edition, full-color calendar featuring photos of President-elect Obama and his family from the campaign trail."

Four-year? I thought this campaign was all about hope.

Why can't I get an eight-year Obama calendar?

December 11, 2008

Blago could be dangerous to others

Chicago being what it is, I wonder if anyone in the political machines out there has thought about the implications if a terrible accident were to befall Rod Blagojevich.

That would turn the senator-selection process over to the lieutenant governor immediately, eliminating the need for impeachment or a costly special election.

More importantly, Blago wouldn't be talking.

U.S. Attorney Patrick Fitzgerald's investigation should be far from complete. He had to rush his indictments, making sure the governor was indicted before making the Senate appointment that lies at the heart of this scandal. Imagine the mess it would have created if all this came out after a new senator was seated.

It seems like Fitzgerald's case is built largely on taped phone conversations. What does he know about conspiracies advanced in private meetings? Surely there were some private meetings. The governor, who obviously likes to make deals that serve his own interests, might be willing to tell prosecutors about them. That could be dangerous for anyone who had inappropriate conversations with the governor about the Senate seat.

It's interresting that Congressman Jesse Jackson Jr. quickly denied offering to pay for the Senate nomination. He's not a target of the investigation, he insisted.

Of course he's not. Blagojevich was the target. But investigations of this sort often move from one figure to another as the net widens. Who knows what kind of information could come out, or could be said during a trial? Even if it's not enough to warrant further criminal charges, it could ruin political careers.

I'm not saying anyone should make Blagojevich disappear. But I'll bet there are some Chicago pols who wish he would.

Give the dogs a break

I say throw this jerk in jail but let the dogs off with community service.

December 12, 2008

Saving elephants

The subject of captive elephants is controversial, with today's news story adding fuel to the fire.

Here's my 2006 column on the topic, focusing on the N.C. Zoo.

I love elephants and applaud efforts, in zoos and in the wild, to preserve and strengthen populations.

Juarez violence should be intolerable to the U.S.

Yesterday's NPR report about the surge of killings in Juarez, Mexico, was stunning. Fifteen hundred murders in the border city this year -- five times as many as in 2007.

The drug gangs -- flush with cash from the U.S. market and heavily armed with weapons acquired north of the border -- are terrorizing the city.

And not only Mexicans are victimized. Americans who cross over from El Paso, Texas, are liable to end up dead, too.

The El Paso Times has a special section on Juarez violence.

Frankly, it's amazing to me that this situation hasn't drawn more national attention. The Juarez drug cartels may pose as much of a security threat to the United States as did the regime of Saddam Hussein in Iraq before the 2003 U.S. invasion. And, at that time, I don't think Saddam was murdering Iraqis at the rate of 1,500 per year.

I hope Washington will step up pressure on the government of Mexico to clean up Juarez. The mayhem on our border simply isn't tolerable. Nor is the flow of drugs across that border. Someone needs to put a stop to it. If not the Mexicans themselves, then maybe a division of U.S. Marines.

Sorry to see McNeill "retire"

I am sorry that David McNeill abruptly "retired" from his job as Guilford County manager.

His decision was orchestrated by six commissioners -- Skip Alston, Steve Arnold, Kirk Perkins, Bruce Davis, Carolyn Coleman and Linda Shaw.

What McNeill was doing wrong after 2 1/2 years as acting manager and manager hasn't been revealed.

McNeill was open and accessible, and he attended lots of events around the county. He seemed to get along well with other leaders. County agencies seemed to function well under his direction.

McNeill was working on strategic planning, and he tried to direct attention to the need for different revenue sources. Local governments can't keep raising property taxes to meet the public's demand for services.

McNeill also was friendly, easygoing and quiet in his personal manner. Maybe commissioners want a more dynamic leader.

Or maybe someone younger and more energetic, who might lead the county over the next five to 10 years. But McNeill's not even 60 and has plenty of potentially productive years ahead of him.

It really seems like commissioners are playing power games here. The new ruling coalition on the board can bring in someone of its choosing to carry out whatever objectives it sets.

Brenda Jones Fox is strictly an interim.

OK, I get it that the manager serves at the pleasure of the board.

The problem at this moment, however, is the split on the board. Only six out of 11 commissioners thought McNeill needed to go.

When it comes to hiring a successor, I have a hard time believing those six will agree.

Alston and Arnold ... are you kidding me? Is that pair really going to get along for a whole year?

See Ford's modern, super-efficient assembly plant ... in Brazil

With all the talk about the future of the Big Three U.S. automakers, I found this Detroit News video report very interesting.

http://info.detnews.com:80/video/index.cfm?id=1189

It takes viewers to a super-efficient Ford assembly plant in Brazil -- exactly the kind of facility the company should operate in this country.

What doesn't it? The punch line comes at the end.

Here's a print report.

True crime story, by the N.C. Supreme Court

The state Supreme Court today unanimously upholds the death sentence given to Eddie Lamar Taylor for a Harnett County shopkeeper's murder in 2003.

Justice Mark Martin wrote the lengthy opinion, which opens up with an account that reads like the Gunfight at the OK Corral.

Taylor and Tyrone Crawley barged into Mitch's Grocery in Bunnlevel with guns drawn, but the owners, Mitch and Dawn Faciane, didn't submit to robbery meekly. A wild shootout ensued, with some 30 shots fired and the eventual outcome of both Mitch Faciane and Crawley being fatally shot.

I recommend Martin's summary of events. It's a gripping read.

The later legalese is not as exciting, although the court clearly dismisses defendant's contentions that ballistics evidence should have been suppressed, the process of jury selection was racially biased, the jury wasn't properly instructed about a possible verdict of second-degree murder, "pecuniary gain" should not have been considered an aggravating factor, and the death penalty was disproportionate to the crime.

Capital punishment itself is slowly dying a natural death in North Carolina as juries typically prefer sentences of life without parole. But our Supreme Court continues to apply the law as it's written.

Addendum: In a case from Wayne County, however, the Supremes direct the trial court to look again at a death-penalty verdict on procedural grounds.

The defendant, Eric Glenn Lane, defended himself at trial but contended on appeal that the trial judge should have prevented him from doing so.

The Supreme Court basically directs the trial court to review the case and determine whether Lane was or was not competent enough to represent himself. That sounds like a fair precaution before executing someone.

Court smacks a DA's office

Theodore Jerry Williams wasn't very well liked in the DA's office serving Stanly and Union counties.

For his part, Williams didn't much like the DA's office. He even sued 'em.

Sometime later, Williams got himself arrested again -- and worse. He had one of those jailhouse "accidents" and ended up looking pretty rough.

So somebody in the DA's office tried to have some fun with it.

They put up a poster showing Williams looking just fine with a caption "Before he sued the DA's office," next to a poster showing the beat-up Williams with a caption, you guessed it, "After he sued the DA's office."

Big laugh.

Trouble was, Williams' lawyer saw them. No doubt thinking this might show some prejudicial attitude against his client, the lawyer tried to obtain those posters when Williams' trial came up. But they disappeared.

Williams filed a motion to dismiss the assault charges against him on the grounds of prosecutorial misconduct.

Did he have a case?

Hell, yes he did, the N.C. Supreme Court said today. Well, not exactly in those words.

Try these instead:

"We conclude that the State flagrantly violated defendant's constitutional rights and irreparably prejudiced the preparation of his defense."

The posters themselves didn't violate Williams' rights, although they were unprofessional, the court said.

The issue was denying him evidence that could have been useful to his case.

Williams could have used the posters to back up his contention that prosecutors were out to get him in retaliation for his lawsuit. He was a marked man (literally, according to descriptions of how he looked after his "accident.")

This unanimous ruling, written by Justice Edward Thomas Brady, warns prosecutors to act professionally and without prejudice.

And put the funny posters in a back room.

December 13, 2008

Oh, for a chorus of Rocky Top

We attended a niece's graduation at the University of Tennessee today -- congrats, Belle; hope you find a JOB!

It was fun to visit a basketball palace where almost all the banners honor the WOMEN'S team. The Lady Vols, under coach Pat Summitt, are simply the class act of the sport. UT is counting down to Summitt's 1,000th win -- an amazing milestone, unmatched in men's basketball.

But, back to the graduation. I always enjoy a good graduation, and this one was efficient and dignified. In addition to the aforementioned brilliant and beautiful Belle McFarland of Tryon, N.C., other graduates of note, whose names I discovered in the program, were Andrew Nelson Walker Heberling, Magen Elisabeth Murray and Katherine Ann Bruce, all of Greensboro. (Forgive me if I missed any other locals.)

Afterward, our family group enjoyed a celebratory lunch at The Tomato Head in Knoxville's downtown Market Square, where ice skating numbered among the many attractions. Yes, it was a chilly day in the Tennessee hills.

But I have to report a disappointment.Despite a music program provided by several distinguished faculty members of the UT music department, at no time before, during or even after the commence exercises did they break into what I keenly anticipated -- a rousing rendition of "Rocky Top."

I thought it was the Alma Mater, for heaven's sake!

December 15, 2008

If the shoe hits, wear it

Before I saw the video, I assumed Iraqi journalist Muntadar al-Zeidi had poor aim, missing President Bush from pretty close range.

Didn't he practice?

But, of course, because Bush's visit to Baghdad wasn't announced ahead of time, there wasn't a chance for Iraqi journalists to limber up their arms for an opportunity to fling shoes at the president.

Whether they keep sharp by tossing footwear at their local politicians, I couldn't say. But that probably would be an expensive form of free expression, unless the politicians are expected to return the shoes. That seems unlikely, though. It ought to be understood that you don't throw your shoe at someone unless you're willing to part with it permanently. And if you throw one, you might as well add the second. What good is keeping half a pair? But with the cost of shoes, you've got to pick your shots carefully.

Maybe thrifty journalists only toss their oldest, cheapest and ugliest shoes. Of course, that could tip their foot, so to speak.

Security guard: Why are you wearing cheap shoes, you dog?
Journalist: What cheap shoes? This is my best pair.
Security guard: You lie! You're not throwing shoes on my watch. Come with me!

At any rate, it's clear from the video that al-Zeidi's first toss was right on target -- but Bush ducked, showing very fast reflexes.

Both men deserve a lot of credit. Al-Zeidi showed a quick release and commendable accuracy. He also put some mustard on the throw. But Bush saw it coming and dodged the projectile in the blink of an eye. Clearly, it's going to take an extraordinary shoe-flinger to smack this president. Who knew he had such a talent?

News reports now indicate al-Zeidi is being "interrogated." That sounds ominous, and unlikely. I mean, what kind of questions would interrogators ask? "Where'd you get the shoe, you dog?" "I walked in with it." "You lie!" More likely, the "interrogation" will leave him unfit for further assaults with footwear for quite some time.

And he didn't even have the satisfaction of connecting with his "kiss."

Bush, meanwhile, picks up a pair of size 10s. I wonder if they fit.

What to do about this dumb, ugly prank

There's no Klan klavern at High Point Central that I've heard of, so this incident probably represents nothing more than a dumb, ugly prank.

Not exactly a nice message for Christmas.

Before more is learned about the perpetrators' intent, however, I'd caution against labeling this act as a hate crime. Central is a very diverse school where most kids get along fine. There are troublemakers anywhere, but it's not fair to make generalizations based on the actions of a few.

The students responsible ought to be suspended, but further disciplinary action requires careful evaluation. I suppose criminal charges are possible, but that seems like a stretch.

What I really hope happens is that, more than the schools or the courts, the parents of these kids deal with them in a way they'll never forget.

All the Blago you can stand

Looking for the most and latest on the Illinois political scandal?

Check out the Chicago Sun-Times' all-Blago Web page.

Bel Canto

Greensboro's Bel Canto Company traveled over to High Point this evening to share its "Home for the Holidays" concert. First Presbyterian Church was filled with an appreciative audience.

The quality of this annual program is just outstanding. It traditionally closes with "Silent Night," as beautiful a rendition as you'll hear.

December 16, 2008

Chances are, Brinks killer isn't a first-time offender

Here's my not-so-bold prediction:

When a suspect is arrested in yesterday's robbery/murder of a Brinks Security employee at Friendly Center, we'll learn he's on probation or served light punishment for previous offenses.

That's become all too common in North Carolina.

How the soccer ball bounces

Back in April 2003, Teresa Lynn Allred and her husband attended a women's professional soccer game at the State Capital Soccer Park in Cary.

Well, actually, they never got to see the game.

During warmups, an errant ball sailed over the goal and bonked Mrs. Allred in the head, causing serious injuries.

More than three years later, the Allreds filed a complaint in court, alleging negligence by the Capital Area Soccer League and a host of other responsible parties. They sought compensation for Mrs. Allred's injuries and Mr. Allred's "loss of consortium."

The defendants filed a motion to dismiss, raising the defenses of contributory negligence and assumption of risk. In February 2007, Superior Court Judge Paul Ridgeway agreed and dismissed the complaint.

Today, the N.C. Court of Appeals reversed Ridgeway's ruling and instructed the lower court to take another look.

Court of Appeals Judge Sanford Steelman found this a unique case. There have been many instances when spectators at baseball games have been struck by flying objects and tried to collect damages. Invariably they have been unsuccessful because, well, dodging baseballs (or trying to catch one at your own peril) is part of the experience when you go to a baseball game.

But this is the first case in North Carolina involving a spectator injured by a ball at a soccer match.

What's the difference? We're talking about exactly the same principle, aren't we? If fans are expected to duck baseballs, they should be expected to duck soccer balls. In fact, soccer balls aren't even as hard as baseballs, nor can they be propelled with the velocity of a batted baseball.

True. But baseball park owners or managers must take some reasonable steps to protect fans. Usually this is a screen behind the homeplate area. Otherwise, balls fouled backward could hit someone so fast, there'd be no time to duck.

The screen doesn't have to cover every seat in the park; not anywhere close to all. But if it's there, skittish fans can sit behind it if they want. If they don't, well, that's their fault. So goes the legal theory, anyway.

At the soccer park, the Allreds were sitting behind the goal. There was no net or screen, even though this is an area of the field where balls are often kicked at top speed. Furthermore, during pregame warmups, lots of players kick balls toward the goal at one time. It's difficult for fans to keep an eye on all of them, and sure enough, one nailed Mrs. Allred.

So, is the Court of Appeals saying that soccer parks have to have screens behind the goals to protect spectators? No.

It did say the trial court, before dismissing the Allreds' claim, should have examined the question of what, if any, safety measures the park owners and other responsible parties should have implemented.

The matter was kicked back down to the Superior Court for what should be a hearing that will interest everyone who stages or watches soccer games.

Protecting the public

Gov. Easley notices there are too many people on probation committing violent crimes.

"Easley's comments come after not responding for nearly two months to interview requests from The News & Observer about the state's probation system," the Raleigh paper reports.

It published a series of articles last week documenting immense shortcomings in the system.

If the governor just had eight more years in office, who knows, he might get around to working on the problem.

Yes, emissions tests for newer cars are unnecessary

I strongly support the recommendation, reported by Mark, to eliminate emissions tests for newer vehicles.

New vehicles fail these tests so infrequently that it's a waste of time and money to require them.

But what does North Carolina do? It exempts old cars.

Interesting proposal for dropping safety inspections, too. I haven't formed an opinion on that yet.

Continue reading "Yes, emissions tests for newer cars are unnecessary" »

December 17, 2008

Abused women need to find a voice

My column today:

Michelle escaped from an abuser only to feel pushed around in a High Point battered women’s shelter.

It made her stronger, she says several months later.

“I’m thankful for the experience. I’m thankful for the mistreatment because it gave me a reality check, because the real world is the real world. ... The one thing I would not do is surrender, let my children see their mother surrender again.”

Continue reading "Abused women need to find a voice" »

A brisk round of golf ... do they warm up the beer?

So, what do you do this time of year in Longville, Minn., where it was 35 below zero yesterday?

Play ice golf, of course.

Addendum: I noticed at the ice golf link, they provide a beer cart during the winter golf tournament. Dang. Do they have to keep the beer in a warmer?

More reaction to a horrendous crime

A couple of statements in today's follow-up story to the Brinks murder-robbery bother me.

First, police continue to say they don't know how much money was stolen, if any. I heard Chief Tim Bellamy say the same thing on the radio yesterday.

Come on. Are they trying to say there's no accounting of how much money a store turns over to the Brinks Security people? Of course there is. Police know exactly how much money is missing.

Many years ago, when I was working at the High Point Enterprise, a friend who worked at a bank chided me about our coverage of bank robberies. We always reported an "undetermined" amount of cash was stolen, which is what police always said. It wasn't true. The amount taken was precisely determined. It was just that police and the bank wouldn't say how much. From then on, we reported that an "undisclosed" amount was stolen.

Second, police said they expect robberies to continue increasing until the economy improves.

It's conventional wisdom that crime goes up when the economy worsens. But is that really true?

NPR broadcast a good report a few weeks ago challenging the notion. Did you know that crime was worse during the prosperity of the 1920s than during the depression of the '30s? I didn't.

Here's a toughtful piece on the subject by Eli Lehrer of the Heritage Foundation. Whether you agree or not, you ought to recognize that the connection between crime and economic conditions doesn't lend itself to simple generalizations.

More to the immediate point, however, there's no way to explain Monday's horrendous crime as a function of an economic downturn.

You don't have someone transformed by a pink slip from a productive, law-abiding citizen to a cold-blooded killer. A man who's desperate to put food on the table for his family might steal a few dollars given the opportunity, but he's not going to carry out a premediated murder.

There had to be much more than a recession to produce someone as vicious as this. And an economic recovery won't put a stop to crimes like this. This sort of criminal doesn't want a $10 an hour job. He wants big scores, big enough to kill for.

The real crime danger posed by the economic downturn is that state and local governments will cut back on resources for the law-enforcement and criminal-justice systems. Despite declining tax revenues, we need an effective police force and enough prison space for the worst criminals. That will still be true even after the economy improves.

Politics in the blood

Barack Obama's election leads to a spurt of vacancies in the U.S. Senate, all to be filled by appointment of the governor of the vacating senator's state.

Let's check on how it's going so far.

For Obama's seat in Illinois ... well, you know about that. Gov. Rod Blagojevich got caught allegedly trying to sell it to the highest bidder. Jesse Jackson Jr. might have been the leading candidate.

For VP-elect Joe Biden's seat in Delaware ... Gov. Ruth Ann Minner names former Biden aide Ted Kaufman, who says he won't run for a full term in 2010. The appointment is seen as a move to fill the seat with a caretaker until Biden's son, Beau, returns from military service in Iraq and claims the Biden mantle.

For SecState-designate Hillary Clinton's seat in New York ... Gov. David Paterson is under pressure to appoint Caroline Kennedy to the seat once held by her Uncle Bobby.

And for Interior Sec-designate Ken Salazar's seat in Colorado ... his brother, Congressman John Salazar, is a possibility, although the Denver Post lists others as more likely.

Interesting, though, that there's a family angle at least possibly in play in each state.

Which just points out what we already know. In some families, politics is in the blood.

December 18, 2008

Will there or won't there be a deputy county manager?

The county leadership situation is confusing to me right now.

In today's story about deputy manager Ben Brown's resignation, Commissioners Chairman Skip Alston says, "I just told him that we would be abolishing the position ..."

In yesterday's story, "Alston said he believes that interim county manager Brenda Jones Fox is likely to name human resources director Sharisse Fuller as the interim deputy county manager ..."

So, is the position being eliminated or not? I guess we'll have to wait and see ... but it seems to me that's a decision for the full board of commissioners to make, not just the chairman.

Strategies against crime

Tony Pietrantozzi knows more about being robbed than I do. His jewelry store on Battleground Avenue was held up by armed robbers the other day. So his opinion counts.

But it still aggravates me to read his quote in our crime story today:

"I think it's just the economy. People are just needing money really bad and willing to take big risks."

We've been having this discussion here the last couple of days. Those who agree with Pietrantozzi make valid points.

Funny to me, though, that in better economic times the criminals also were "needing money really bad and willing to take big risks." Only then it was for money to buy crack cocaine or other drugs.

Heck, if they desperately need money for legitimate reasons -- like feeding their families -- let's start a new social program. You can come forward, declare that you're on the verge of robbing and murdering a Brinks Security guard, and apply for a grant. No risk. Just promise you won't commit a crime in return for a modest income. Everyone will be better off.

In case that plan doesn't fly, though, the police have some advice:

"We just have to be vigilant, be aware of our surroundings and not be complacent," Lt. Brian James said.

Words that some in our community might interpret as a recommendation to carry a gun for self-defense.

Democrats want more in 2010

I suspect the Obama campaign has passed my email address to the Democratic Senatorial Campaign Committee, but apparently not my name.

I received the following message today from the DSCC addressed, "Dear NULL":

"Thank you so much for all your hard work and generous support. Everything you did was absolutely essential to electing Barack Obama and putting Kay Hagan into the United States Senate to help bring change.

"After all you've done, we don't want you to lose touch with the arm of our party solely responsible for electing even more Democratic senators: the Democratic Senatorial Campaign Committee (DSCC).

"We at the DSCC are proud of our sustained record of success, and we know that dedicated supporters like you are a huge part of everything we have accomplished. Together, we took back the Senate in 2006. This year, we won at least 7 more seats, giving President-elect Obama 58 votes for change in the Senate.

"Our continuing work over the next few months will be vitally important. Careful and strategic preparation now will be crucial to victory in 2010. The map is very favorable to our side again this cycle, and we need as many Democrats in the Senate as possible to help the President-elect clean up the mess George Bush and the Republicans made in Washington.

"It will be a long process. We cannot let up now.

"You were an essential part of all our historic success this year. Because of all your hard work and generous support, we're putting our country back on track. The tasks ahead will not be easy, but knowing we have you in our corner gives us all great confidence that we will succeed.

"The American people are counting on us."

It ends with a request for a contribution.

This must be a mistake. The DSCC is giving me much too much credit in thanking me for hard work and generous support. Maybe it has me mixed up with this person named NULL.

Is that a first name? Full name Null N. Void? Who knows? It's not me.

Besides, it's too early to think about the 2010 election, when no doubt Democrats will try to sell voters on the idea that the survival of the nation depends on the eradication of Richard Burr and other remaining Republicans from the Senate.

It may be a harder sell by 2010. Americans might think there are enough Democrats in the Senate, not to mention the House and the administration, and that keeping a few Republicans won't hurt.

President Obama doesn't mind having a couple of Republicans in his Cabinet, so why can't Democrats tolerate a few in the Senate? You can begin to look a little too greedy, especially if you keep asking for more and more money on top of the hundreds of millions you already raised this year.

That's my opinion, anyway. I can't speak for NULL.

December 19, 2008

Alston and Arnold are offering no reason to trust their judgment

After forcing the resignation of a third top county official in a week without offering a detailed explanation, Commissioners Chairman Skip Alston says, "I would trust that the public would understand and appreciate that we have been elected to represent the community."

As a member of that public, I don't understand and appreciate any such thing.

The two leading engineers of this unexplained blood-letting, Alston and Steve Arnold, each was elected by a relatively small section of the community -- and with token opposition or none at all. Each commissioner's district contains, on average, 11 percent of the county's population, and neither Alston's nor Arnold's district is politically representative of the county as a whole.

I live in Arnold's district, and I have no reason to understand or appreciate that he is representing my interests in forcing out the county manager, deputy manager and atttorney.

I heard no complaints about the performances of these officials, and I don't know why it was necessary to get rid of them (with severence agreements) and to begin what could be a costly process to replace them.

It's also notable that the two commissioners who were elected by all the voters of Guilford County, Paul Gibson and John Parks, are NOT part of the six-member majority making these changes.

Gibson and Parks are the only commissioners who can be held accountable to all the people of Guilford County, which in my book gives more reason to trust their judgment than Alston's and Arnold's.

Obama's right to stick with Warren

President-elect Obama should hold his ground on Rick Warren, the evangelical pastor he invited to deliver the invocation at the inauguration.

Gay-rights groups are outraged because Warren opposes same-sex marriage.

Come on. So does Obama. Or at least he's defined marriage as "the union between a man and a woman."

Maybe that statement is seen as mere political expediency in GLBT circles and forgiven. Warren, a leading Prop 8 crusader in California, is viewed as a real homophobe.

In a letter to Obama, the Human Rights Campaign declared, "by inviting Rick Warren to your inauguration, you have tarnished the view that gay, lesbian, bisexual and transgender Americans have a place at your table."

Equality California is sending an online petition to Obama "demanding" he revoke the invitation to Warren.

So far, Obama isn't buckling.

"We're not going to agree on every single issue, but what we have to do is be able to create an atmosphere where we can disagree without being disagreeable, and then focus on those things that we hold in common," he said at a news conference in Chicago yesterday.

That's very presidential-sounding.

Now, normally the last thing a new president wants to do is create controversies over the inauguration program. Obama could have anticipated this dust-up and made a safer choice for the invocation.

At this point, however, changing course would be disastrous for his credibility. He's doing the right thing by sticking with Warren -- and the detractors should stop their protests. They've expressed themselves and been heard. Further demonstrations will just cause more trouble for Obama and sour what ought to be a great day for America.


December 20, 2008

Jan. 20, every four years: A Great American Day

Should Jan. 20 every fourth year be a federal holiday?

It already is if, according to the Office of Personnel Management, you are an "employee who works in the District of Columbia, Montgomery or Prince George's Counties in Maryland, Arlington or Fairfax Counties in Virginia, or the cities of Alexandria or Falls Church in Virginia, and who is regularly scheduled to perform nonovertime work on Inauguration Day."

That's understandable, especially given the likely crush of millions of visitors to the nation's capital for the 2009 Inauguration. Federal employees wouldn't be able to get to work.

Forget about driving into the District. The Metro will be slammed. Even pedestrian gridlock is likely.

So just add a day to the already-long weekend -- Saturday the 17th, Sunday the 18th and Monday the 19th (MLK Day).

But what about everyone else?

Personally, I'd love to be able to stay home and watch the inauguration activities on TV. This is history in the making -- and not only because of the historic nature of this presidential inauguration, although that's obviously significant.

One of the greatest achievements of this nation -- and George Washington is due all the credit and glory -- is its faithfulness to the peaceful transition of power from one executive to the next. It first happened in 1797, when Washington yielded (gladly) to John Adams, again four years later when Adams (not so happily) handed off to Thomas Jefferson, and ever since. This is a model of orderly, lawful succession, and the practice of it is worth celebrating every time it happens.

The Barack Obama inauguration also is special because of the intense enthusiasm generated by his campaign, especially among young, first-time and black voters. It would be marvelous for everyone who voted for Obama with so much joy and hope to have a chance to see him take the oath of office and deliver his inaugural address.

And all other Americans, too, for that matter. We all share the same national heritage, remember, and we all should get a little excited when every new president takes office and lays out the principles on which he plans to build his presidency.

Some of the greatest statements of American leadership have been uttered at these times, after all.

Recall Lincoln's Second Inaugural Address: "With malice toward none; with charity for all; with firmness in the right, as God gives us to see the right, let us strive on to finish the work we are in; to bind up the nation's wounds; to care for him who shall have borne the battle, and for his widow, and his orphan--to do all which may achieve and cherish a just and lasting peace among ourselves, and with all nations."

Franklin Roosevelt's First: "This great Nation will endure as it has endured, will revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself — nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance."

Kennedy's: "Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty."

And: "And so, my fellow Americans: ask not what your country can do for you -- ask what you can do for your country.

"My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man."

I'd hate to miss another moment like that ... and I suspect we might get one.

So, what about a nationwide federal holiday on Jan. 20 every fourth year?

The proposed holiday clearly passes the test of importance and revelance, matching up well in my view with our greatest American holiday, Independence Day. That commemorates the occasion of breaking bonds of allegiance to a despotic king; Inauguration Day represents the form of leadership we devised to replace a hereditary monarchy.

There is the problem of MLK Day. Having two federal holidays so close together doesn't make sense. I would propose eliminating MLK every fourth year, except when Jan. 20 falls on Saturday or Sunday, when it will NOT require a holiday. We won't shift Inauguration Day to the closest Monday just to provide an extra day off from work.

My other concern is that we'd give kids the day off from school and they would not use their time to watch and learn anything from the inauguration. So maybe it's better to keep them in school, if they have a chance to watch there. Still, on balance, I'd trust families to use the day wisely, as an opportunity to share in the experience of American democracy.

As on any holiday, many people still would have to work. Fortunately, they have opportunities not available during the time of Lincoln, Roosevelt and even Kennedy. They can record broadcasts of the inaugural events and watch later.

No one should miss it!

December 22, 2008

Brain freeze 2

Once again, it's necessary to remind homeowners with powerful lawn-watering systems to please turn them off when temperatures are expected to plunge to ARCTIC LEVELS!

Fortunately, I'm not surprised anymore by the thoughtlessness of a particular homeowner along my morning running route, but someone else might not be expecting to encounter icy patches covering the sidewalk and extending several feet into the street.

Hey, folks, thaw out your little gray cells. Water at 20 degrees can be hazardous.

Robbery suspect has had drug troubles

One of the suspects in the Battleground Avenue jewelery store robbery, Emanuel Devaughn Brewington, has a long history of drug troubles, including several infractions in prison, according to Department of Correction records.

We had discussions here last week about the relationship between economic downturns and crime, but drugs add a different dynamic to the mix.

Brewington might be off drugs, and maybe he had nothing to do with this robbery. That's for the courts to decide. But a glance at his record suggests that drugs have done a lot to mess up his life so far, probably more than a recession.

December 25, 2008

A walk in the clouds

A belated Merry Christmas to one and all. I hope you've had a great day.

What a beauty. I was cooking shrimp on the barbie on this bright, balmy Christmas afternoon.

We needed this weather yesterday, when my boys and I undertook our annual Christmas Eve Walk Up White Oak.

We intended an 11-mile trek up the Polk County peak, along the ridge, stopping at Sunset Rock for a packed lunch, then descending Skyuka Mountain Road below Tryon Peak.

This wasn't a wilderness hike. The road up White Oak, a mile outside the town of Columbus, has been paved for years to accommodate more and more homes.

(Here's some info on the threatened natural heritage of White Oak Mountain and Tryon Peak.)

But it's still a strenuous walk, an unrelenting three-mile climb. In clear weather, the road up the east side of the mountain affords sweeping views over Columbus, the Polk County countryside and into South Carolina. The east face also features spectacular Shunkawakan Falls, a silvery ribbon of water as seen from below, where it rushes into the Pacolet River. The recent cold snap had left an icy buildup on the ledges of the falls, making the point that the temperature was dropping as we gained elevation.

What had been a cool, overcast day when we began was turning decidedly chillier and wetter as we went along.

By the time we reached the top of the ridge, the world had changed. A heavy dew had turned into a cold rain, whipped against our clothing by a suddenly nasty wind. And we'd walked into the belly of some mean winter clouds. Visibility was next to nothing. We discovered we were wet from the inside, having sweated with the exertion of the walk up, and getting wet from the outside because of the wind-driven rain. The combination was a formula for some serious chill potential.

Faced with these conditions, we had to make a decision: Continue the planned walk for seven more miles ... or admit defeat.

Have cell, can phone home. Brother-in-law Ray Hudson (who passed up the walk this year) came to pick us up in his truck.

Hey, I said this was not a wilderness experience.

But a mountain is still a mountain.

And we did walk up White Oak.

December 26, 2008

Government can't do it all, liberals

The recent Nicholas Kristof column, in which he scolds fellow liberals for lagging behind conservatives in personal generosity, warns of an unintended consequence of changing economic strategies in Washington.

Even some doctrinaire conservatives, like George W. Bush, suddenly believe government has to intervene in a big way to reverse the economic slide.

The danger I see is that more individual Americans, too, will adopt a let-government-do-it mentality.

The liberal-conservative rift when it comes to charitable giving is a matter of political philosophy. Liberals are more inclined to think government should help people in need, while conservatives are more apt to see it as a private responsibility. In blunt terms, liberals are generous with taxpayers' money, conservatives with their own.

Of course there are many exceptions to the generalization. And liberals who are religious tend to be as personally generous as religious conservatives.

The trouble from a philanthropic standpoint now, however, is that the nation is trending more liberal. Government will become more activist, particularly in response to the economic decline. Furthermore, even people who have been generous with their own money in the past may be more strapped these days.

These circumstances could spell bad news for charities of all kinds. As Americans increasingly look to government to deal with mounting problems, and worry about their own finances, will they bury their sense of obligation to those less fortunate under an attitude that the government will step up?

I hope not, because the government isn't going to step up and fill shortfalls in funding for all the nonprofits that provide invaluable human services in our communities. They need private contributions now more than ever.

Kristof is right to challenge liberals to do better. And, since there seem to be more liberals around these days, they can do a lot of good if they put more of their own money where they say their hearts are.

FedEx told-you-so is unwarranted

When I saw Dick's story about FedEx, I wondered when I'd get the first told-you-so call.

I didn't have to wait long.

"How much money have we put into that project?" the caller asked in a challenging tone.

I'll be honest. Off the top of my head, I can't say. Just for the new runway, rerouting Bryan Boulevard, a new entrance to the airport, it's been a bundle.

"And we've got nothing to show for it."

We've got a new runway. If we didn't have it, we'd never get a FedEx hub.

"A lot of people were against this."

Yeah, because they were afraid noisy cargo jets would ruin their sleep. Now it will be a few more months before that happens.

But seriously, it's like Keith Debbage said in Dick's story. We're in a recession. Business is down. FedEx is affected like everyone else.

No one anticipated that a decade ago, when FedEx chose PTI as the site for its Mid-Atlantic air-cargo hub.

And if somehow we did know there'd be a nasty recession in 2008-09? Would we have said no thanks to FedEx?

Of course not. We'd say come on and help us pull through this downturn. When it's over, let's rebound together.

If FedEx folds, we're in big trouble. We've banked on the air-cargo hub to help drive our economy.

But if FedEx folds, it's even worse than that. FedEx will fold if its customers crash. And that means lots and lots of other businesses.

I'd rather think FedEx is doing what it needs to do to stay as healthy as possible and open a first-rate new facility here when the time is right.

Will it shape up as everything promised or hoped for? Optimism is hard to come by these days. But writing it off as a bust because of recent setbacks is unwarranted.

We'll just have to wait longer for this project to pay off.

December 27, 2008

Frost/Nixon/Reston

James Reston Jr. recounts for Smithsonian magazine his role in prepping David Frost for the famous Richard Nixon interviews.

I took a creative writing class taught by Reston at Carolina in the mid-70s. He was friendly, down-to-earth and had a wry sense of humor. He invited the class to his home in Hillsborough for a Christmas party featuring plenty of mulled wine.

Reston last year published "The Conviction of Richard Nixon: The Untold Story of the Frost-Nixon Interviews."

I've read several of Reston's other books, all fascinating, but not that. I'll have to add it to my get-to-sometime list.

Arguably, he's always been best known as his famous father's son, but that's due for a change.

Gov. Nice

If you haven't listened yet to Mark's interview with Gov. Mike Easley, I encourage you to plug in.

You can find audio segments at his blog.

Let me especially recommend this one, the governor's comments on the media.

At this point, I have to confess to not doing my job as a journalist, as defined by Easley.

"My job is to be nice to other people," the governor said. "Their job (journalists') is to be nice to me."

You can see the genesis of problems right there.

Easley goes on to provide an example of the media not doing its job -- The News & Observer's "hatchet job" on Correction Secretary Theodis Beck over the many failures of the state's probation system.

Easley says it's unfair to make a big deal over the fact that there are 61 killings per year by probationers because that's an improvement from 81 per year before he was in office.

OK, first, you can't necessarily believe Easley's numbers. The N&O reported there have been 580 such killings in the last eight years. That's more than 72 per year.

On further research, I see the average of 61 is for only three years, 2005-07.)

Second, the governor said 61 was "horrible," so what the heck is he bragging about? It's a "hatchet job" for a newspaper to report these numbers? The public shouldn't be told?

Well, then, "some young lady gets brutally murdered," in the governor's words.

"Some young lady" had a name, governor. It was Eve Carson.

The alleged murderers were on probation for other crimes and should have been locked up at the time of Eve Carson's murder for violating the terms of their probation.

Sorry for not being nice about this, governor, but that is a legitimate news story. It's a matter of public interest when violent criminals who ought to be locked up are allowed to run loose endangering innocent people.

So, what's the governor's answer to the problem? We've got to "get some of these executions going again."

Yeah, that's it. Execute them.

Just one problem: Probationers are NOT convicted murderers. People who are convicted of capital crimes and sentenced to death are NOT put on probation.

It's just an inconvenient legal necessity to hold the death penalty until AFTER one is convicted of a capital crime and sentenced to die.

But nice try, governor.

December 30, 2008

Cheap gas, as long as it lasts

Every time we visit my wife's hometown of Columbus in Polk County, we drive down I-26 about five miles, over the state line to Landrum, S.C., to fill up with gas.

Last week, we paid $1.449 per gallon in Landrum compared to $1.529, the lowest price available in Columbus. The difference is the tax: South Carolina's gas tax is 13 cents/gallon less than North Carolina's. So, actually we were kind of ripped off only saving eight cents. Usually we do better.

The point is, Thomas Friedman's call for a much higher federal gas tax isn't likely to win much popular support. If a typical motorist, like myself, will drive 10 miles out of his way to pay a little less gas tax, who thinks Americans will go for a bump up of a dollar or two per gallon on the federal levy? And make no mistake: That's how much it would take to achieve the goals Friedman outlines.

Yes, we've got to reduce our dependence on foreign oil -- although, frankly, I don't mind that our No. 1 source is Canada.

Yes, we have to start using less oil altogether -- someday.

But, sorry, I just don't agree with Friedman that paying $1.44/gallon for gas right now is such a terrible thing. On the contrary, it's a blessing. The money we save at the pump can be spent for other necessities.

I'm no gas hog. I drive a little car that gets up to 37 mpg on the highway. I rode the PART bus to work today. I don't think I waste more gas at $1.44 than I did at $3.99. But I'm a lot happier paying $1.44.

No doubt that politicians, bureaucrats and alternative-energy advocates like Friedman can think of lots of fine things to do with the extra revenue if the government were to add a whopping $2/gallon to the gas tax.

But that would be my money, and I can think of good ways to spend it, too.

Besides, the government might spend it on boondoggles or projects that will stick us all with higher energy costs. We could pay on both ends instead of enjoying some savings now.

Yes, we should prepare for the world after oil. That requires government and private investment.

But as far as my budget is concerned, I'm fine with cheap gas again for as long as it lasts.

State won't tolerate competition from moonshiners

I wouldn't guess there are many moonshiners at work in the Triad anymore.

This gentleman, if indeed that's his craft, may be one of the last.

Kind of sad.

There's been much public anxiety about drinking down through the ages. No doubt, it's an evil habit ... except in moderation.

You could spend all day reading all of North Carolina's laws dealing with alcoholic beverages.

But here's an interesting provision. It allows folks to make wine and malt beverages for the private use of themselves, their families and guests.

So why not liquor?

The news story says Mr. Cox was caught with approximately two gallons of white lightning.

If that's true, I guess he broke the law.

If it was beer or wine, and he wasn't planning to sell it, he'd have been OK.

That seems unfair.

Mr. Cox might have been preparing some home-made refreshment for a New Year's Eve gathering at his home.

Big crime.

Well, that's the state of North Carolina for you. It owns the liquor business here. You want a drink, you pay the state.

Addendum: An N&O story Wednesday details the process of opening a legal distillery in North Carolina.

Play the inauguration lottery

Today's email from the Obama fundraising machine:

"Between now and January 8th, 10 supporters and their guests will be selected to join the Inaugural activities.

"If you make a donation -- in any amount -- to make the Inauguration a success, you and a guest could be flown to Washington, D.C., put up in a hotel, and be there as Barack is sworn in as the 44th President.

"Make a donation of $5 or more right now. You and a guest could receive your ticket to history."

Hey, if a lottery works for the inauguration, could it pay for the next federal bailout?

Blago outfoxes foes on Senate appointment

The Illinois Senate seat scandal story got a whole lot more interesting today.

And you didn't think that was possible, did you?

Against all warnings, embattled Gov. Rod Blagojevich made an appointment to Barack Obama's seat.

And a very clever appointment it was, too -- former Illinois Attorney General Roland Burris.

This is clever is three ways.

First, Burris isn't entangled in Blago's alleged previous efforts to sell the seat to the highest bidder (well, maybe not).

Second, at 71 Burris apparently is meant to be a caretaker. He'd serve the remaining two years of Obama's term, then someone else will win a full term in the 2010 election. All the major contenders start on an even keel and none has reason to complain about the choice.

And third, Burris is black -- which makes it more difficult for Senate Democrats to carry out their promise that they wouldn't seat anyone appointed by Blagojevich.

We'll see.

Already, a black Chicago congressman (not Jesse Jackson Jr.) is playing the race card.

"There are no African Americans in the U.S. Senate," Rep. Bobby Rush said. "And I don't think any U.S. senator who's sitting in the Senate right now wants to go on record to deny one African American from being seated in the U.S. Senate.

"I would ask you to not hang or lynch the appointee as you try to castigate the appointer and separate the appointee from the appointer."

Mercy. Hang or lynch?

Such is the language of racial politics in Chicago. Rush, founder of the Illinois Black Panther Party in 1968, has made a career of it -- because it works.

Of course, he's up against Obama himself, who backs up Senate Democrats on their vow not to seat a Blago appointee.

But Rush has been up against Obama before -- and defeated him in a 2000 congressional primary.

I'll bet Rush prevails again this time.

Senate Democrats have a problem. The way I see it, they're stuck with Burris or no one for the next two years.

In Illinois, the governor has the power to make this appointment -- even if he's under indictment.

Now, the Illinois legislature, after long, drawn-out proceedings, might impeach the governor and remove him from office. The lieutenant governor would take his place.

But the new governor can't make an appointment that's already been made.

The act of removing the old governor does not reverse his previous actions.

Nor can the legislature call a special election to elect someone to an office that's already been filled by appointment.

I think what Blago has done can't be undone.

The threat of not seating a Blago appointee was simply an effort to deter him from acting.

Ultimately, it will prove to be an empty threat.

I don't know what Blago gets out of this appointment, but I believe he's succeeded in outmaneuvering everybody else.

Roland Burris will be the next U.S. senator from Illinois.


December 31, 2008

Scrooge embraces the new liberality

A week after Christmas, the solicitors for worthy causes called again at the offices of Scrooge and Marley.

“Good day to you, Mr. Scrooge.”

“Happy New Year, Mr. Scrooge.”

“Gentlemen, come in. Welcome,” Scrooge exclaimed in a warm voice. “I am very glad to see you.”

“Mr. Scrooge, we have been delighted to learn of your, um, altered outlook on life these past few days.”

“Altered outlook indeed, gentlemen. I’m a changed man. A new creation. And so much the better for it.”

“As we can see, Mr. Scrooge. You are a joy to behold.”

“Thank you,” a beaming Scrooge said. “I’m only sorry to have wasted so many years in bitterness and greed, and that Jacob never had the chance I’ve been given.”

“Yes, but surely Mr. Marley would be pleased by your transformation, Mr. Scrooge.”

“Indeed he is,” Scrooge affirmed. “He visited again just last night to check up on me. Don’t mind him popping in now and then, really, but I wish he’d leave his chains behind. Frightful clanging in the middle of the night.

“But what can I do for you gentlemen?”

“Ah, yes,” the first gentleman answered. “As to our purpose for returning to your door ...”

The second gentleman continued: “You see, Mr. Scrooge, even in the short time since we last prevailed upon your generosity, conditions in our city have grown much worse.”

“Yes,” the first gentleman resumed. “We’ve seen bank failures, factory shutdowns, rising unemployment. People are cold and hungry. We have a crisis!”

“I read the newspapers,” Scrooge responded. “I see the suffering. And, I am very happy to proclaim, help is on the way!”

“Bless you, Mr. Scrooge. Then we can count on you for help?”

“Most assuredly, gentlemen!”

“Wonderful, Mr. Scrooge, wonderful. For how much, sir?”

“Why, for whatever amount the government will muster, gentlemen.”

“The government, Mr. Scrooge? I don’t understand.”

“Surely you understand what the government is,” Scrooge said.

“Yes, of course. But the government does not ...”

Scrooge interrupted.

“I note your bewilderment, gentlemen. Perhaps you still cling to the opinion I once held myself, that the government plays a limited role in affecting the welfare of the population — operating workhouses for the poor, prisons for debtors and other evildoers, and all the rest of us should fend for ourselves.

“If anyone with sufficient wealth and a soft heart were inclined to make a donation to his less fortunate neighbors,” Scrooge added, “well, he was entitled to part with his money as he saw fit. I never felt the urge myself, but that was my attitude, gentlemen.”

“Yes, we were quite aware of it, Mr. Scrooge. And now?”

“Now, gentlemen, I have had a change of heart. The new public liberality has swept over me. The government is the answer to all our wants and needs. It will prop up the banks, underwrite home mortgages, bail out ailing industries, extend unemployment benefits, put more people to work building roads and bridges, and stimulate the economy in every possible way. I fully embrace these policies, and I could not be more proud of myself.”

“But, Mr. Scrooge,” the first gentleman protested, “that is not sufficient.”

“Not sufficient?”

“Indeed not, Mr. Scrooge,” the second gentleman said. “Private charities are needed more than ever, to provide shelter, and meals, and child care, and counseling, and so many other human services.”

Scrooge looked astonished.

“Gentlemen, what you say is incredible. I am quite sure the spirits said all our problems would be solved if we could just put in place the right government and give it unlimited power and money. And now we have done so. Never before would I have endorsed such a state of affairs, but now I’m positively giddy about it.”

“Mr. Scrooge,” the first gentleman scolded, “I’m afraid you’re very much mistaken to place such faith in any government and especially to assume it will carry out on your behalf all your personal responsibilities to your fellow man.”

“We all must do our part, Mr. Scrooge,” the second gentleman said.

Scrooge recoiled. A scowl crossed his wrinkled face.

“I suppose next you’ll suggest I should pay more taxes. Well, I have two words for you gentlemen:

“Bah! Humbug!”

Thanks for reading. You're welcome to give me a call at 373-7039, send me an email at dgclark@news-record.com or post a comment here.

Mystery of Mike explained

The N&O's Under the Dome blog gets an expert to help figure out how long it might have taken Gov. Mike Easley to make the "elaborate black walnut secretary and a tiger maple dining table" he gave his wife for Christmas.

Answer: four to five weeks for a professional working full time, more than six months for an amateur.

Dome seems to have solved the mystery of Easley's long absences from public view. He was holed up in his wood shop somewhere in the governor's mansion.

It explains a lot:

"Governor, we've got a budget crisis. Your cabinet wants to meet with you."

"Tell them to go away. I'm not making a cabinet this year."

"Governor, the mental health system is breaking down."

"I can't deal with that now. But I suggest they get their patients into woodworking. I find it therapeutic myself."

"Governor, the economic development people in Greensboro would like you to call the CEO of a company they're recruiting and make a pitch."

"Sorry, I'm making a table."

"Governor, we've got criminals on probation going around committing more and more crimes. What should we do about it?"

"Well, if you get some of these executions going again, I'll be happy to slap together some pine box coffins down here."

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