archived: 4 - 10 Sep, 2005         Back                 Next

UPDATED:  September 6, 2005 

                                    SEN. DOUG BERGER
                                    INSIDE THE GENERAL ASSEMBLY 

Junkie:  We are starting a new feature today.  Sen. Doug Berger is joining TPJ with a weekly column focused on the last session of the North Carolina General Assembly. 

Sen. Berger is in a unique position to give rank and file Democrats a look into the legislative process.  If TPJ readers have questions for or topics that they would like Sen. Berger to cover, simply write TPJ using FEEDBACK. 

I am a Democrat who proudly wears that affiliation.  I firmly believe that Democrats should offer a clear choice when running against Republicans in campaigns for public office. 

_____________________________________________

                        REV. CORNELIUS F. BRANTLEY, JR.
                        Table Rock Charge United Methodist Church
                        Member of the Western North Carolina Conference Committee on Social Concerns

                        “Saddened” 

I am so very saddened that a progressive organization such as TPJ has supported the most regressive form of revenue raising possible. Has no one your staff every been to a lottery state in  an inner city area and seen the desperate people spending day in and day out their meager resources on lottery tickets while their children and grandchildren suffer the violence of poverty. 

There may be a 3 year boost in revenues but here's a sure bet for you: 4 or 5 years from now state politicians will say, "We have the lottery; we do not need to raise any more revenues through income tax for education. What we need is to spend more money promoting more lottery games."  

Please TPJ! ...how about a series of articles on progressive taxation ideas that Democrats could say yes to. And could you promise us that if we got such needed tax justice enacted you would say it is time to repeal the lottery? Or is this a case of the genie being out of the bottle never to return?  

Are there no other alternatives or have we given in to moral cynicism? Is it any wonder working class folks no longer see the Democratic Party as the party of moral principles. This is a sad day for the progressive forces in the land where the weak are supposed to grow strong and the strong grow great.

_______ 

Junkie:  Rev. Brantley’s views represent the reasoned position of many progressive Democrats. Rev. Brantley’s views, as those of other progressive Democrats who opposed the lottery, deserve respect and serious discussion. 

Ultimately, those opposed to the NC Education Lottery may be correct – it may not provide the overall additional funds that supporters, including TPJ, believe it will.  Experience will dictate the answer.   

Is the lottery immoral?  North Carolina law has for a number of years permitted games of chance; bingo and raffles, to raise money for charitable organizations, including churches.  Admittedly, the activity is not run by the State and the amounts that may be raised and paid are limited.  The morality of gambling is not dependent upon its amount; the morality is not determined by the purpose for which it is attached; the morality is not determined by whether it is conducted by the State or charitable organizations; the morality lies in the act itself.  Have progressive Democrats ever waged a determined effort to repeal these existing laws?  No! 

We already know what non-regressive taxes could be imposed to raise additional monies for a first class educational system; either the income tax or property taxes, just to name two.  Both political parties, as well as the citizens of North Carolina, simply lack the political will to raise these taxes.  Has history repeated itself?  Consider the early history of the lottery: 

Translations from ancient Chinese scrolls indicate that Keno was first introduced by Cheung Leung early in the Han Dynasty, about 195 BC. Then the ruler of a besieged city, Cheung was hard pressed to provision his defending army. After failed appeals to his people to make greater war contributions, Cheung created a game of chance, Keno, to persuade citizens to wager their money and property for a chance to win. – Citizen Link 

Some 2,200 years later, it sounds all too strangely familiar.  

If there is an immorality here, it is that North Carolina political leaders lack the will to raise the funds to more adequately support public education.  Progressive Democrats are working to change the political climate.  It may take years.  Are we prepared to give North Carolina children less in education until that climate changes?  If the answer is yes, we are condemning a generation of children to lesser educational opportunities. 

IF the lottery does provide much needed additional funding for public schools, it may help raise inter-city children and those from the lowest socio-economic strata of our society out of the affliction of poverty.  It is literally a gamble; but the odds are higher that the lottery may generate additional funds for education than the political leaders of this state raising the taxes necessary to properly fund North Carolina education. 

TPJ would join with Rev. Brantley that when the day comes when North Carolinians do find their political will the lottery will no longer be necessary.                         

                        THE LOTTERY – ONE MORE TIME 

The Raleigh News & Observer, editorially opposed to the NC Educational Lottery, has authored a blistering editorial (emphasis added) of the State Senate’s Democratic Party leadership in enacting the lottery.   

Marc Basnight, the president pro tem of the state Senate, blanketed his office in a shroud of shame yesterday afternoon as he helped write the final chapter in a 20-year drama by pushing a state lottery through to passage. Basnight ought to wear that shroud now to cover his head. Those who collaborated in this dark plot ought to get under there with him.

That the lottery is a bad bet for North Carolina is unfortunate enough. That the Senate's leader would maneuver to have it passed after a narrow but clear majority against it had emerged in his chamber is simply disgraceful.

It was as if Basnight held a couple of aces up his sleeve. The aces were two senators -- one reportedly absent on his honeymoon, the other ill -- who had said they couldn't be present for the Senate session that Basnight called yesterday. Harry Brown of Jacksonville was the honeymooner; John Garwood of North Wilkesboro was hospitalized last week with a staph infection in his leg, and said he had a doctor's written excuse. Both had been among the Senate's 21 unanimous Republicans who, for good reasons, had been against the lottery.

Five courageous Democrats had resisted pressure from their party leaders and stood against a lottery as well after it narrowly passed the House. The Senate count was therefore 26-24 against.

But when Basnight found out that Brown and Garwood weren't going to show up yesterday, he knew Lt. Gov. Beverly Perdue would break the resulting 24-24 tie in the lottery's favor. Frankly, that's an unfortunate step for someone who wants to be governor -- and who knows all the negatives in a lottery.

Basnight didn't have to call a lottery vote, of course. He did it because the numbers finally were right for him to get his way. It could be said that's just politics -- that what matters is which side can produce the votes it needs at crunch time. But given the fateful nature of this decision -- reversing North Carolina's long and honorable stand against state-sponsored gambling -- taking advantage of two announced opponents' absence to ram the lottery through was a clear abuse of power.  

The problem with the News & Observer’s editorial is that its demonstrative rhetoric simply does not comport with the facts.  Last week, TPJ made the case that the both Republicans who were not present orchestrated “a walk” to permit passage of the lottery. 

TPJ is not the only informed source reporting what actually happened.  NC Spin, which is a recognized major media television production, also confirms that Republicans, including the Republican leadership, orchestrated “a walk” by two of its members to permit passage of the lottery.  

NC Spin published an email detailing the facts (emphasis added): 

As everyone prepares for the Labor Day holiday the buzz around Raleigh focuses on the Lottery vote held Tuesday by the Senate. We've had our ear to the ground and can give you the down and dirty on what happened and why.

Even as most of the media was publicizing the fact that the lottery was dead last week, it became obvious that opposition was softening. Was it the radio campaign by NCAE that did the trick? It certainly didn't hurt, but that probably wasn't the tipping point. No, the phone calls and persuasion of the Governor and President Pro Tem Marc Basnight, sweetening the pot, were likely the turning point.

One of the more curious aspects of this affair is the blame being heaped on Senate President Pro Tem Marc Basnight for being so unethical as to "sneak" this measure through at a time when two Republican opponents were going to be absent. That's hogwash.

Longtime readers of this newsletter know we are not big Basnight fans, but he isn't the bad guy here. In fact, there is some discussion that he even bent over backwards to make sure everyone was aware of what was afoot…contacting them on Friday to let them know the Senate would convene Tuesday. We heard the Republican leadership wanted to wait until Sunday to contact members. Basnight said no.

Just so you will know, one source told me that Basnight, Rand, Phil Berger, and Tom Apodaca all met together with Garwood prior to Tuesday's vote. This source says that all heard the deal that was made, what was offered and what was promised. Cannot confirm this rumor, but want to pass along what we heard.

We can say the Republican caucus knew they were going down in defeat in advance of Tuesday's vote.  Some inside-the-beltline tongues even say that they had planned a strategy for this all along. How could that be you are asking?

The lottery issue was divisive; some GOP factors even believed that opposition to it was a losing hand for Republicans come election time. When 70 percent of the public wants something, it is bad politics to be on the wrong side of the issue. There was no question that this lottery was going to be back on the table come May, when the short session convened. Led by Governor Easley, lottery proponents were not going to let this drop. The May 9th session is scheduled after the primaries, but some believe Republicans didn't want this issue alive or fresh in voters' minds come the fall general elections. It was best to put it to bed once and for all this year, hoping opponents will have short memories.

The debate had become so public it was going to be difficult for anyone to change his or her vote without major humiliation and possible political recrimination. Fate stepped in at this point.

Senator John Garwood is one who was wavering on the lottery. His illness was real. There is nothing fake about his being sick, but the timing couldn't have been better. He was at home, under doctor's orders, and heavily medicated. No doubt he was fatigued by the length of the session, the loud lobbying from both sides, and perhaps, just a little dulled by medication.

His illness became a perfectly legitimate excuse for him to "take a walk" on the lottery vote. Nobody could criticize a sick man for not coming back to vote. We are told that some of the most strident opposition actually traveled to visit with him over the weekend. He was offered and, we are told, initially agreed to accept "pairing" with Senator Larry Shaw, who was amenable to such an arrangement, even though Governor Easley was on the phones asking pro-lottery Senators not to pair.  In pairing, both the pro and anti votes would cancel out the vote of the other. But then Garwood changed his mind. We fully suspect he did so knowing this his vote would have ensured defeat. This 5 term Senator knows the rules, he has watched the political game being played, and he knew the score. He chose, for whatever reasons, not to pair his vote.

Senator Harry Brown is another story. All along he had indicated he was ambivalent about the lottery. Had they promised all the proceeds to school construction, this drama would have never occurred. The lottery would have passed weeks ago. Allotting just 40 percent of the proceeds didn't really satisfy. But he was lukewarm and made no bones of letting any and everyone know this.

He did get married earlier in the session. He had postponed his honeymoon due to the lengthy session…which is exactly the point. He could just as easily have waited to honeymoon in October as the last of August. Harry Brown is a smart man and a wiry politician. He knew the House was still in session, he knew the lottery issue wasn't completely dead (despite Basnight's harangue about going home for good) and he had to know there was a chance of other sessions and votes.

So was Brown being totally irresponsible in shirking his duty…a duty he voluntarily sought and accepted? Or was Brown conflicted to the point where he was willing to change his position so long as it didn't make him the scapegoat? Harry Brown isn't one to shirk any duty, so we have to assume he was turned.

Like Garwood, who can get mad at a man who finally gets a chance to go on his honeymoon? As the story unfolds there are many who are angry with Brown. This man runs several successful car dealerships, businesses that are very volatile. Are we to believe that the managers of those businesses don't have any way to contact their owner? Are we also to believe that he isn't even curious enough to inquire about his business while he is gone? Has he left the hemisphere where he can receive e-mail, voice-mail, or any form of communication?

Brown took a walk.  

NC Spin’s sources confirm what TPJ wrote last week: 

President Pro Tempore Marc Basnight informed the Republican leadership that the lottery would come to a vote.  Second, Senator John Garwood (Republican) could have defeated the lottery by simply pairing his “nay” vote with a Democrat “yea” vote, which the Democrats offered to accommodate.   

TPJ respects the position the News & Observer and those progressive Democrats opposed to the lottery.  But, the incessant demagoguery implying that the Democratic Party leadership was unethical or took unfair advantage of the Republicans is exactly what NC Spin describes: 

HOGWASH!