RUST COMMENTARY: HEAVY LITIGATION, LARGE AWARDS PROMOTE DISTRUST OF SOME IN THE LEGAL SYSTEM

Continued litigation and large awards bring distrust among people. In a country that once prided itself on a man's word and the Ten Commandments, it's become too true to too many to have to "get it in writing."

However, in a recent editorial, The Wall Street Journal noted that "Plaintiff Lawyers Lose Big":

"Both the Democrat and Republicans had something to cheer after the election. But not trial lawyers. The balloting was an almost unmitigated disaster for them, which of course means it was good for the rest of the country. (Although they did well in Missouri ... especially with their support for Gov. Mel Carnahan and Secretary of State Bekki Cook.)

"Start in Alabama, the most litigious jurisdiction in the world. Trial lawyers strongly supported the U.S. Senate campaign of Roger Bedford, a Democrat who had long carried water for them in the state legislature. Indeed, one study showed that Mr. Bedford got more lawyer money than any candidate in the country, except of course for Bill Clinton. But it was all for naught. Republican Jefferson Sessions, an avowed proponent of legal reform, cruised to victory. This is an especially big setback for lawyers because Mr. Sessions will take the seat now held by Howell Heflin, a big, big obstacle to legal reform in the Senate.

"Alabama voters also tossed out Kenneth Ingram, a state Supreme Court justice who has consistently voted to uphold the outrageous punitive damage awards that fuel Alabama's litigation explosion. He will be replaced by Harold See, a Republican law professor who ran on a promise to restore balance to the state's high court. The court now has three Republican members (up from none just two years ago), and three more pro-plaintiff justices face the voters in 1998. In Texas, another litigation hotbed, Republicans already controlled the state Supreme Court, and their hold was confirmed in last week's election.

"The other state that saw major setbacks for the tort tycoons was California. The big news is by now well known - Proposition 211, designed to make California a haven of securities "strike suits," was rejected by a whopping 74 percent of voters. This represents quite a blow to King of Strike Suits Bill Lerach, whose firm poured some $4 million into the campaign. Silicon Valley firms finally flexed their political muscle to defeat this dangerous initiative.

"That anti-lawyer message was confirmed by the balloting on two other California initiatives. Proposition 207, another Lerach brainstorm, would have precluded the state Legislature from ever regulating contingency fees, which we've long argued is the destructive incentive that drives much of the tort racket. It was overwhelmingly defeated too."

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"If thou art a man, admire those who attempt great things, even though they fail." -- Seneca.

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Speaking of lawyers, bad news for BILL CLINTON from Little Rock. Whitewater figure James B. McDougal was supposed to be sentenced to prison two weeks ago. But at the request of Whitewater Counsel KENNETH STARR, the sentencing was postponed for 90 days. The reason: McDougal is allegedly providing so many leads for Starr that he needs more time to check them out.

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Congratulations to SCHNUCKS on their 20th anniversary rededication. They played a big role in the success of our first newspaper, the BULLETIN-JOURNAL, when they selected us to carry the bulk of advertising for what was for both of us a very competitive market. The KROGER SUPERSTORE opened at the same time, and we helped Schnucks' success (and vice versa) when we were competing against the Southeast Missourian.

Our thanks to Schnucks and BILL HAMETT (the first store manager) and DENNIS MARCHI (current store manager) for their continued support of the community.

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Kudos to DR. CHARLES KORNS upon his retirement from the Department of Agriculture at SEMO UNIVERSITY after 26 years.

Not only are their 30 majors, basically because of his influence, but many of the commercial horticulture and landscape experts in this area were former students of his.

Over 260 friends turned out to pay tribute to their former or present teacher and colleague.

Korns has touched more people than he knows with his quiet Christian demeanor and leadership.

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Cape Girardeau ... the City of Murals ... has added another quite impressive mural in the lobby of Southeast Missouri Hospital.

Funded by the late JOHN WISEMAN, community volunteer, and painted on campus by St. Louis artist John Hunn, the mural was dedicated Sunday.

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LaCROIX UNITED METHODIST CHURCH announced the results of its second fund-raising drive in just three years. It is the fastest growing Methodist church in the Eastern Missouri District, necessitating the membership to add on to its new building completed just 18 months ago.

A goal of $750,000 was set for the new addition, planned primarily for the rapidly growing children and youth departments. A "miracle goal" of $1,100,000 was set to make the entire building program debt free. The total pledged as announced Sunday was $1,206,000.

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My family and I and all of our associates here at he newspaper and printing division wish you a HAPPY THANKSGIVING.

And while reflecting on values, GARY BAUER of the Family Research Council made the following observations in a recent Washington Update:

"In some bizarre role reversal, the party most associated with the permissiveness of the last 30 years constantly talked about values ... (while) the party that counts on the votes of millions of Americans worried about our virtue deficit instead seems obsessed with our wallets.

"For way too long now, both political parties have been guided by political consultants, pollsters and focus-group gurus who substitute media manipulation for a governing philosophy. We need to look no further for the growing cynicism of the American people." This situation should be repaired "by jettisoning the whole political clique of Washington manipulators. You don't need them to tell you what you believe.

"The media are demonstrably harsh on Newt Gingrich, no matter how many of his wounds are self-inflicted. Case in point. Most major media reported recently on his unanimous re-election as speaker of the House, and those reports emphasized his retreat from a stance of 'confrontation' to 'implementation.' While Gingrich's speech to his fellow Republicans had a lot to say about a spirit of cooperation with the White House, it also included these words most of the media overlooked:

"We have an obligation to reassert ... that this nation comes from God, that it is in fact only successful when it is submissive to God's will. I'm not suggesting here in any way a state religion. [But] this country will never again be healthy if we don't have the courage to confront the spiritual and cultural and moral deficit that is an even greater threat to our future than the economic deficit.

"Powerful words that speak a powerful truth."

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"Also I heard the voice of the Lord, saying, whom shall I send, and who will go for us? Then said I, Here am I; send me." - Isaiah 6:8.

~Gary Rust is president of Rust Communications, which owns the Southeast Missourian and other newspapers.