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OpinionSeptember 6, 1994

Hancock II and riverboat games of chance were both placed on the Nov. 8 ballot Thursday. But these issues won't be joined by a $310 million education tax, thanks to a ruling Friday by a Cole County circuit judge. It is a shame Judge James McHenry chose to circumvent taxpayers, who ought to have had the opportunity to decide the fate of one of the largest tax increases in the state's history...

Hancock II and riverboat games of chance were both placed on the Nov. 8 ballot Thursday. But these issues won't be joined by a $310 million education tax, thanks to a ruling Friday by a Cole County circuit judge.

It is a shame Judge James McHenry chose to circumvent taxpayers, who ought to have had the opportunity to decide the fate of one of the largest tax increases in the state's history.

The judge's ruling reflects a switch from the week before, when he issued a temporary order requiring the secretary of state to put the measure before voters or to make her case against the move.

Senate Bill 380 and the $310 tax increase to fund it have been a fiasco since the start. It was rushed through the Missouri General Assembly in the final days of the 1993 session in answer to a lawsuit filed by small schools unhappy with Missouri's foundation formula.

But Senate Bill 380 didn't improve the formula, and many of the schools who filed suit were more unhappy with the results.

The legislature should have taken its time to craft such a sweeping measure. The measure -- ramroded through the legislature with the full endorsement of Gov. Mel Carnahan -- also contradicted candidate Carnahan's promise to submit a smaller education tax to voters.

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Critics said the move to place the measure on the ballot was grandstanding by Republicans, because the tax measure was pushed by a Democratic-controlled legislature. This isn't just a matter of political parties. It is an issue of public trust.

Politics shouldn't be a game of promises easily made or promises easily broken. It further erodes the credibility of the legislative system. That is why a vote on this money could have helped to restore a sense of public faith. This on-again-off-again vote on the tax package resembles a shell game in which the taxpayer remains the loser.

No doubt school districts across the state are relieved by the news.

Many of these districts have already spent the money: hiring new teachers, implementing new programs and raising salaries. However, the fate of the $310 million wouldn't have affected local tax increases approved by many districts in the region -- increases mandated by Senate Bill 380.

But these same school districts must also realize that taxpayers will be watching Missouri's education money. They have paid a hefty bill for reformed education without any direct say-so. Taxpayers will expect results.

Ironically, the judge ruled just a day after critics of the school tax increase succeeded in placing Hancock II on the ballot. Frustrated taxpayers may see it as their only choice. The judge's ruling will no doubt add momentum to the Hancock II bandwagon.

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