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OpinionOctober 27, 1996

For three and a half years, Missouri Democrats, from Gov. Mel Carnahan down through every member of the General Assembly, have trumpeted the line that "the judge made us do it." "It" is the $310 million tax increase in the Outstanding Schools Act of 1993, rammed through by Carnahan and Democratic leaders. ...

For three and a half years, Missouri Democrats, from Gov. Mel Carnahan down through every member of the General Assembly, have trumpeted the line that "the judge made us do it." "It" is the $310 million tax increase in the Outstanding Schools Act of 1993, rammed through by Carnahan and Democratic leaders. "The judge" is Cole County Circuit Judge Byron Kinder, who heard the case brought by dozens of local school districts alleging that the formula by which state aid is distributed to local districts is so flawed as to be unconstitutional. In January 1993 Kinder so ruled, striking down the formula and ordering lawmakers to write a new one.

Judge Kinder's ruling came in the form of a much-criticized "order" ridiculed by the Missouri Supreme Court two years later. In Kinder's "order," he gave the General Assembly until August to write a new funding formula. Majority Democrats seized on Kinder's flimsy "order" as their indispensable pretext for raising taxes without a vote of the people -- a vote candidate Carnahan had promised short months earlier.

There is only one problem: Contrary to Democratic assertions that are nearly four years old, Kinder never ordered the Legislature to raise taxes. Nowhere in his 35-page "order" does it say this. Asked last week by the Associated Press whether his ruling commanded a tax increase, Kinder shouted, "NO!" Belatedly, The big lie is exposed that is the basis of the huge Carnahan tax increase. No wonder he has richly earned the monicker "Tax Man Carnahan."

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Pointing to his 35-page ruling, with eight attachments, Kinder asked a reporter, "Did you see in there anything about a number? Of course I didn't say anything about a number, because that's not my function."

Nor is it true, as Democrats including Carnahan have spent four years alleging, that Judge Kinder, who must face voters for re-election, would have "taken over" Missouri schools if lawmakers hadn't acted.

Missouri voters should hold accountable the governor together with every lawmaker who hung his hat on this lie.

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