WHNT just called Beth Kellum the winner in the Court of Criminal Appeals runoff (50,968 vs McLemore’s 42,098, with 94% reporting, 55% to 45%). She faces Democrat Jefferson County Circuit Judge Clyde Jones in the General Election.

Wayne Parker looks to have won the AL-05 House of Representatives candidacy (16,028 vs Guthrie’s 4,330, with 97% reporting, 79% to 21%). He faces Democrat State Senator Parker Griffith in November. Almost 14,000 of the more than 20,000 votes cast were from Madison County.

Twinkle Cavanaugh looks to have won the PSC President candidacy (60,493 vs Chancey’s 40,101, with 94% reporting, 60% to 40%). She faces Democrat former Lieutenant Governor Lucy Baxley in November.

Cory Brown looks to have won the Madison County Tax Collector candidacy (6,370 vs Stafford’s 5,269, with 98% reporting, 55% to 45%). He faces Democrat incumbent Lynda Hall in November.  If he wins, he will work to abolish the office (actually combine with the Tax Assessor’s office to form a ‘Revenue Commissioner’ office).

The Madison County unoffical results are here.

The polls were slow today. I put out signs for Cory Brown last night at my polling place, then schmoozed a little at lunch and after work.  It was interesting to see which of the neighbors were GOP supporters (the only ballots today at my polling place were GOP); saw most of my Neighborhood Watch, plus a few guys named ‘Coach’.

From CNN:

Sen. John Warner, R-Virginia, asked Energy Secretary Samuel Bodman to look into what speed limit would provide optimum gasoline efficiency given current technology. He said he wants to know if the administration might support efforts in Congress to require a lower speed limit.

Congress in 1974 set a national 55 mph speed limit because of energy shortages caused by the Arab oil embargo. The speed limit was repealed in 1995 when crude oil dipped to $17 a barrel and gasoline cost $1.10 a gallon.

Things like this just get my blood pressure up.  The federal government shouldn’t even have the authority to implement a national speed limit.

I just started driving about the time the previous one was repealed.  I’m sure someone could tell me how they justified imposing the limit on the states, but I would guess that it was done by threatening to withhold federal funds from states that didn’t comply.

The Madison County Commission is developing the Budget for the fiscal year starting October 1, 2008 through September 30, 2009.

Madison County Commission Budget Hearings are set for June 24 and 25, the mornings of both days. — Madison County Courthouse, 7th floor, Commission Boardroom.

Here’s the most recent budget posted (FY2007) at the Madison County website.

Gas, jail are big items in county budget

Commission Chairman Mike Gillespie (D) said it’s too early to know how much tax money will be available to spend in the fiscal year… The county’s General Fund budget should grow from the current $37.3 million…

The county collected $168.5 million in property taxes in 2007, up $20.2 million from the year before. Property taxes, which provide about half of the county’s operating budget, have been growing steadily since Alabama switched to yearly property reappraisals in 2003. The average annual increase has been $14.6 million.

But not all of that money goes to the County Commission. The state, local schools and the Huntsville, Madison, New Hope, Gurley, Triana and Owens Cross Roads city councils also get a cut.

Commissioner Bob Harrison (D) makes some good suggestions (note that the City of Huntsville has weekly garbage pickup):

Commissioner Bob Harrison, D-Huntsville, said the county may have to switch to weekly garbage pickup to save fuel. Now, neighborhoods in Madison and some parts of the unincorporated county get twice-weekly service… He said he also wants to talk to Alabama A&M University about making biodiesel fuel for county garbage trucks.

 UPDATE:

Agencies seek budget boosts:

…The board has until Sept. 30 to adopt a budget for fiscal 2008-09… Almost every county department and agency - about 40 in all - is asking commissioners for a budget bump…

…Mental Health Center of Madison County… has requested $75,000 from the county, which (MHC Director) Davis said would provide 20 to 25 people with therapy for a year. (Madison County Commissioner Faye) Dyer (R) said the agency is a good deal for taxpayers, because it keeps mentally ill people from ending up in jail and hospital psychiatric wards on the public’s dime. 

When the well’s dry, we know the worth of water.

- Ben Franklin, Poor Richard’s Almanac

From A History of Water Rights at Common Law, by Joshua Getzler, which is now on my Xmas List (only $50 at Amazon):

Water resources were central to England’s precocious economic development in the thirteenth and sixteenth centuries, and then again in the industrial, transport, and urban revolutions of the late eighteenth and early nineteenth centuries. Each of these periods saw a great deal of legal conflict over water rights, often between domestic, agricultural, and manufacturing interests competing for access to flowing water. From 1750 the common-law courts developed a large but unstable body of legal doctrine, specifying strong property rights in flowing water attached to riparian possession, and also limited rights to surface and underground waters.

The new water doctrines were built from older concepts of common goods and the natural rights of ownership, deriving from Roman and Civilian law, together with the English sources of Bracton and Blackstone. Water law is one of the most Romanesque parts of English law, demonstrating the extent to which Common and Civilian law have commingled.

Alabama water rights are determined under Riparian Rights for surface waters.  The United Kingdom and most U.S. States East of the Mississippi River follow Riparian Rights (derived from English Common Law); most Western States use the Prior Appropriation doctrine.  Basically, water is owned by the Government (Federal and State), so proper stewardship of this public resource is a function of Government.

Riparian water rights occur as a result of landownership. A landowner who owns land that physically touches a river, stream, pond, or lake has an equal right to the use of water from that source. This water right, however, is only a usufructuary right and not a property right in the water. The water may be used as it passes through the property of the land owner, but it cannot be unreasonably detained or diverted, and it must be returned to the stream from which it was obtained. The use of riparian water rights is generally regulated by “reasonable use.”  

The prior appropriation doctrine (also known as the Colorado Doctrine from Wyoming v. Colorado), or “first in time - first in right”, developed in the western United States in response to the scarcity of water in the region.

Legislative committee takes first step toward water policy

The Permanent Joint Legislative Committee on Water Policy and Management met at Auburn University in its first meeting since being formed this spring. The committee is made up of seven members each from the House and Senate.

Its members at the meeting chose State Sen. Kim Benefield, D-Woodland, chairman and Rep. Greg Canfield, R-Vestavia Hills vice chairman. The pair sponsored the legislation that created the committee… the group is to recommend a water management plan that expands the availability of water to meet Alabama’s current and future needs, develop conservation programs, and identify areas where more research is needed.

Workshop sessions are being led by officials from Auburn’s Water Resources Center, the Alabama Cooperative Extension Service, the Geological Survey of Alabama, the Alabama Office of Water Resources, and the Alabama Department of Environmental Management.

Investing in state’s waterways, by State Senator Kim Benefield (D - Woodland) and State Representative Greg Canfield (R - Birmingham):

Ten percent of the nation’s rivers pass through Alabama… the U.S. Geological Survey continues to report that most of Alabama is seeing below-average stream flows. Ground-water levels in Huntsville are far below normal, and in Montgomery ground-water levels have reached a new record low…

Created by the passage of SJR28 — bipartisan legislation we were pleased to sponsor — the committee met at Auburn University to begin the process of studying Alabama’s water resources and assessing our future water needs…

Our recognition of the many critical roles water plays in Alabama spurred us to sponsor SJR28, and now we are committed — as chair and vice-chair of the Permanent Joint Legislative Committee on Water Policy and Management — to developing a consensus-based water-management plan that takes into account the needs of every Alabamian and serves our citizens well in the future.

The Huntsville Times article Sales tax hike unlikely in cities provides the following opinions and quotes from public officials (thanks to The Times for getting them on record):

Huntsville Mayor Loretta Spencer has not considered asking the council to approve one.

(Madison) Mayor Sandy Kirkindall said with 57 percent of Madison residents voting against the recently proposed half-cent sales tax, it was clear to him that Madison residents don’t want it.

“I’m not in favor of raising taxes on the people, certainly not with everything going out of sight like gasoline and food prices,” said (Huntsville) Councilwoman Sandra Moon.

(Huntsville) Councilman Bill Kling said the nearly 2-to-1 defeat of the sales tax, coupled with the city’s special tax districts that have provided more than $75 million in recent years for new and renovated city schools, also makes him not inclined to support a sales tax hike.

(Huntsville) Council President Glenn Watson wants to know specifically how city schools would spend the money before committing to a position on a higher city sales tax… he’s more in favor of helping schools with a TIF (tax increment financing) plan than with additional sales taxes.

(Huntsville) Councilman Mark Russell seemed receptive to a sales tax hike for schools, but only if the money is shared for other city needs such as roads and improvements to the Von Braun Center… “I’d like to see the school system make some changes, which they seem to be in the process of doing with consolidating schools and maximizing their resources”.

(Madison) Councilwoman Cynthia McCollum said she believes that for a sales tax increase to work it would have to be a regional effort.  “I think what has perhaps been lacking is that all of us, the County Commission, Huntsville and Madison all need to sit down together and hammer out a solution to this problem and if that solution means a collective sales tax for the entire region then I would support it”.

(Madison) Council President Steve Haraway said based on how Madison residents voted on the issue in the June 3 election that he would not support a city sales tax increase.

(Madison) Councilman Jerry Jennings said he has serious reservations about the consequences of a unilateral sales tax increase…  He said if Huntsville agreed to it, he’d have no problem following suit.

(Madison) Councilman Tim Cowles said he’d rather see a citywide ad valorem increase. “I just don’t think a sales tax increase is a good idea,” Cowles said. “And the reason why is because we can float bonds against ad valorem taxes and if it’s going to be used for infrastructure, really the way to do it is through bonds.” Cowles said regardless, he’d want it to go before the residents for a vote.

(Madison) Councilman Tommy Overcash said he believes after the results of the recent election that “I would really have to look at all the information before making a decision.”  “It hasn’t been asked for yet and I know they’re regrouping and looking at their options and who knows, it could be a countywide push for an ad valorem tax increase…”

(Madison) Councilman Larry Vannoy said he wants to understand more about the financial straits the system is facing before he gets into a sales tax conversation. “I’d like to see what other solutions might be out there and have a public debate on the issue,” Vannoy said. “If the public is going to support it, I think they need to be more informed and be assured that it will fix the problem.”

(Madison) Councilman Bob Wagner said he would only support it if a vote of the people showed they wanted it.  “In the recent election it was overwhelmingly shot down by residents of Madison”.

Madison School Board President Sue Helms said she expects the board will approach city leaders about a city sales tax increase after the Aug. 26 elections. Regardless of what happens, she said the portables that will be needed at Bob Jones High School will be put out front, not hidden behind the school.

Keep in mind that Municipal Elections are coming soon… August 26.

UPDATE:

 The Madison County Record in Commission fends off talk of tax increase gets the Madison County Commission on the record (thank you to the Record):

Commissioner Roger Jones, District 1, said he wanted to put an end to the rumors the commission may pass the tax even though the voters had said no… “The voters voted and they voted overwhelmingly in support of not putting this tax on, almost two to one, and I respect that vote”.

Commissioner Faye Dyer, District 2, agreed she would not vote for a sales tax increase unless the voters of Madison County approved it as well. “The people have spoken”.

Commissioner Bob Harrison, District 6, said he would entertain the idea of a sales tax but he would have to see how it would benefit the people of his district. “The caveat that my district has given to me is that there should be a no vote unless there is something in it for them”.

Commissioner Mo Brooks, District 5, wanted to see if there was any way to lock down the tax so it would not come before the commission again during the next four years…  “If there had been a way for us to do that it would have been important for us to do that so the school boards will know that they need to address their problems with their mayor and their city council’s”.

Beth Kellum faces Lucie McLemore in the GOP Primary Run-off for Judge of the Court of Criminal Appeals, Place 1. Kellum got 34% of the vote in the Primary, McLemore got 24%, Peggy Givhan lost with 22%, and Teresa Petelos lost with 21%. The winner faces Democrat Clyde Jones in the General Election.

The Alabama Court of Criminal Appeals is “composed of five judges, one of whom is elected by the members of the court to serve as presiding judge. The Court of Criminal Appeals hears all appeals of felony and misdemeanor cases, including violations of city ordinances and all post-conviction writs in criminal cases”.

Beth Kellum:

…served as an Assistant Attorney General; staff attorney for the Court of Criminal Appeals; private law practitioner for seven years, and as a  senior staff attorney for the Alabama Supreme Court.

Lucie McLemore:

…private law practice in Montgomery with her father… District Court of Montgomery County, winning primary and general elections in 2000.

 UPDATE:

Just had the pleasure of hearing both candidates present 5 minute speeches.  Both candidates gave great speeches; both noted their Conservative approach; either of them would make a fine Appeals Court judge.

Beth Kellum noted her work as Staff Attorney for the Court of Criminal Appeals and her work with the Republican Party.  She spoke of her legal opinion-writing experience and knowledge of the Court and Court Administration. 

Her handout headline: “Fair, Experienced, Conservative”.

Lucie McLemore said she was a Conservative like Ronald Reagan, Mo Brooks, and Faye Dyer.  She received applause when she noted that as a District Judge, she actually made criminals pay their fines and restitution (collected $1.5 million).  She also noted her work with the Republican Party. 

Her handout headline: “Experienced, Fair, Conservative”.

Twinkle Andress Cavanuagh and Matt Chancey are candidates in the GOP Primary Run-off for President of the Alabama Public Service Commission.  Cavanaugh received 47% of the GOP vote; Chancey received 29%; Jack Hornady lost with 24%.  The winner of the run-off faces Democrat Lucy Baxley in the General Election.

The PSC mission is “to ensure a regulatory balance between regulated companies and consumers in order to provide consumers with safe, adequate and reliable services at rates that are equitable and economical”. 

The PSC evolved from the Railroad Commission and regulates: “railroads… express companies, sleeping car companies, railroad depot or terminal stations, telephone and telegraph companies, plus transportation companies operating as common carriers over water, toll bridges, toll ferries, and toll roads… utilities providing electricity, gas, water, and steam, companies operating streets or inter-urban railways… approving the sale or lease of utility property or franchises… utility rates… motor transportation companies… Air carriers… natural gas transmission and distribution systems… radio common carriers… railroad tracks and equipment”.

The PSC regulates Energy (Electricity, Natural Gas, and Water) Companies like Alabama Power, Mobile Gas Service, and Hiwanee Water; Telecommunications Companies like Bellsouth; Gas Pipelines like Enbridge Pipelines; and thousands of Motor Carriers (Trucking, Towing, Buses, Limos, Cabs).

Twinkle Andress Cavanaugh:

Elected Chairman Alabama Republican Party, served as Senior Advisor to Governor Bob Riley, served as State Director of Citizens for a Sound Economy.

Matt Chancey:

The Chancey Five-Point Plan to Improve the Public Service Commission

1.  Nuclear Power Expansion

2.  Clean Coal and Other Fossil Fuels

3.  Hydro-electric Expansion

4.  Supporting Economic Development

5.  PSC Performance Review

 UPDATE:

Just had the pleasure of hearing five minute speeches by both candidates.

Twinkle Cavanaugh noted her experience with Citizens for a Sound Economy and as a Senior Advisor to Governor Riley, working with the Alabama Development Office, EMA, and Homeland Security.  She tied her experience to issues facing the PSC, for example noting that one of the key factors in the Thyssen-Kruppe decision to locate the steel plant in Mobile was lower utility rates. She also noted her work as the Chair of the Alabama Republican Party.

Matt Chancey said he wanted to “Mo Brooksify” the PSC.  He noted that the PSC should educate consumers about nuclear power, and he supports the TVA Bellefonte Nuclear Plant.  He said that the PSC should examine their policies as part of a Performance Review of the agency. He also noted his work with the Republican Party (Vice-Chair Dale County Executive Committee).

In yet another great column George Will picks apart the current carbon “cap-and-trade” bill set to be debated in the U.S. Senate.

With cap-and-trade, government would create a right for itself — an extraordinarily lucrative right to ration Americans’ exercise of their traditional rights.

…

Cap-and-trade — government auctioning permits for businesses to continue to do business Cap-and-trade — government auctioning permits for businesses to continue to do business.

…

Lieberman says that if a foreign company selling a product in America “enjoys a price advantage over an American competitor” because the American firm has had to comply with the cap-and-trade regime, “we will impose a fee” on the foreign company “to equalize the price.” Protectionism-masquerading-as-environmentalism will thicken the unsavory entanglement of commercial life and political life.

McCain, who supports Lieberman’s unprecedented expansion of government’s regulatory reach, is the scourge of all lobbyists (other than those employed by his campaign). But cap-and-trade would be a bonanza for K Street, the lobbyists’ habitat, because it would vastly deepen and broaden the upside benefits and downside risks that the government’s choices mean for businesses.

It’s warming to know that Republicans nominated a fine conservative like McCain, a man willing to stand up and fight to reduce the size and scope of government.  Never mind, I just pinched myself.

I’ve heard that phrase a lot, and I remember working in the Defense industry and noticing a big difference between funding under Presidents Reagan and Clinton.

But is it true? Turns out, mostly yes, in terms of funding National Defense.

I looked at US Defense Spending (Historical Tables, Budget of the U.S. Government, Table 4.1) from 1977 to the present. The data is presented by Federal Fiscal Year, so I associated the President and Congress with the appropriate fiscal year.  For example, President Bush and the First Session of the 110th Congress (Speaker Pelosi and the 2006 Democrats) started the budget process in February 2007 for FY2008 (Oct 1 2007 through Sept 30 2008) . The Fiscal Year 2009 budget (for the fiscal year that begins Oct 1 2008) is currently being discussed in the Second Session of the 110th Congress.

Let’s start with President Carter and the Democratic 95th and 96th Congresses. What I found is that after years of post-Vietnam Democratic cuts, President Carter and the Congress actually increased Defense Spending significantly (7.5%, 11%, 15%, 17.5%). In My (revised) Opinion, Carter is blamed somewhat unfairly for the ‘hollow military’, while prior Democratic Congresses deserve the blame (along with President Ford to some extent). Note that years of cuts had taken their toll on the military.

President Reagan swept in with a GOP Senate and Democratic House for six years: defense spending increased 17%, 13%, 8%, 11%, 8%, and 3%.  Reagan’s last two years and the Democratic 100th Congress saw a 3% and 5% increase. Reagan demanded that General Secretary Gorbachev “tear down this (Berlin) Wall” in 1987; the Wall fell in 1989.

President George H.W. Bush and the Democratic 101st Congress cut defense spending by 2% and 10% (the ‘Peace Dividend’).  Germany was unified in 1990; Soviet Communism collapsed in 1990. Bush and the Democratic 102nd Congress increased defense spending by 9% after the First Gulf War, then cut defense by 3% in his last budget.

President Clinton and the Democratic 103rd Congress cut defense by 4% and 3%, then the 1994 GOP 104th Congress cut defense by 2% then increased defense by 2%. Clinton’s second term and the GOP 105th Congress cut defense by 1% then increased defense by 2%.  The GOP 106th Congress and Clinton increased defense by 8% and 3%.

President George W. Bush got an increase of 14% in his first defense budget, with a GOP House and Democratic Senate (107th Congress). After the 9/11 attacks, Bush and the 107th Congress increased defense by another 17%.  Bush and the GOP 108th Congress increased defense by 12% and 9%, then Bush and the GOP 109th Congress increased defense by 5% and 10%.

I am concerned that a Democratic Congress, with a possible Democratic President, will gut the military just like it was gutted after Vietnam…

For a different view of this topic, the Heritage Foundation analyzed defense spending as a percentage of GDP, and shows that defense spending (at 4% of GDP) is below the 45-year average of 5.5% and well below Vietnam and Cold War levels.

Part 1

Many times for over a year I’ve decried the foolish headlong government plunge into ethanol. Basically anytime the government anoints a winner in the marketplace the government will be proven wrong for any number of reasons. One of the many predictable outcomes of increased governmental support for ethanol, higher food prices, has become a reality.

The Washington Post had a good column recently aptly titled “Ethanol’s Failed Promise” that outlined the many flaws with biofuels. I was particularly amused by the line, “Food-to-fuel mandates were created for the right reasons.” Ohhhh, the liberal’s lament. It’s always about good intentions with them, not sound, well reasoned policy. Any degree of government interference is justifiable if your heart is pure.

Seriously, who thought it was a good idea to use precious arable land for fuel production instead of food production while there are still people starving in the world?

Part 2

On a related topic, I recently wrote that John McCain’s proposal to eliminate the federal fuel tax for the summer revealed his lack of adherence to the global warming creed. Eliminating the tax would encourage more consumption of fuel, which is exactly the opposite of what a devout global warmitarian would want. Now the Wall Street Journal has come to the same conclusion. They state that proposals such as McCain’s make “a hash out of the climate-change policies that the candidate purports to favor.”

If such politicians were honestly concerned with the survival of our species their recourse would be simple and easy to make: artificially force up fuel prices. Tax it. Regulate it. Bludgeon it to death. Instead what we get are politicians who seem to be eager to just gain more power and control since their contradictory cocktail of policies belie their tenuous belief in the man-made global warming faith.

Update: More on McCain’s hypocrisy from Newsweek:

[A]ttorney and former GM exec Frank Dunne finds the climate-change hawk’s call for a gas-tax holiday “intellectually dishonest.”

[Tom Kloza, energy analyst with the Oil Price Information Service] goes a bit further, calling a gas-tax holiday “caca.” “It represents pandering. You’re not leveling with the American public,” says Kloza.