Model City — Chapter 19

FIRST CONVERSION

For Satan finds some mischief still
For idle hands to do.

Isaac Watts, Against Idleness and Mischief

Devil’s gonna get you
Devil’s gonna get you
Oh, the devil’s gonna get you
Man just as sure as you’re born.

Porter Grainger

.

When I reached high school, I discovered that I had less and less leisure time to get into much trouble.

Except, of course, for the World’s Largest Pipe Wrench and the fire hydrants in the new housing development.

“The Wrench,” as it came to be called, couldn’t possibly have been nine feet long, or it wouldn’t have fit in the trunk of a car.  It only looked that long.  And it can’t have weighed as much as I remember, or it would have taken two of us to carry it.  As it was, it only took a minimum of two of us to enjoy it.

James or Frankie or Bill would ask Warren or me (after all, “the wrench” was ours) on a Thursday or Friday afternoon, “Are you guys gonna use ‘the wrench’ this weekend?  Can we borrow it?”

*

Yet another square-mile section of Midwest City was being developed for tract houses.  Probably according to The Master Plan.

Underground utilities always go in first in a new development; then roads are graded; then building pads are graded and stakes with colored flags planted at the corner of each surveyed lot.

But this development was not your small-potatoes operation by a home-boy contractor who scraped together enough money to buy an acre or two and put in ten or twenty houses.  This development was almost an entire section, a square mile, the best part of six hundred and forty acres.  At least 2,000 homes, allowing for streets, another school site and space along the four section lines for strip malls and other commercial development.  All of the twisty streets for which Midwest City was famous were graded before a single concrete pad was poured or a single frame went up.

And within a few hundred feet of each other along those graded dirt roads were scores of fire hydrants, already connected to the municipal water supply.

All of them just waiting to do what fire hydrants were designed to do.

*

I stole the pipe wrench from a construction site and tossed it into Warren’s trunk.  It may have taken us a week or two to realize that its entertainment value was worth its own weight, but then good fortune is not always accompanied by knowledge of good fortune.

The new housing development was deserted when the contractors and workmen went home every afternoon, and was a great place to drive with your girlfriend after a movie for what was then known as “parking and petting.”  Well… “parking and/or petting,” since you could park without petting but it was difficult to pet without parking.  These are quaint concepts today, when fifteen-year-old girls are only too anxious to make their boyfriends’ dreams come true.  But in mid-America in mid-century, they were serious concerns for adults.

One church even published a series of pamphlets about the evils of “petting,” coyly never spelling out what the vile deed consisted of, but leaving no doubt that it led to pregnancy and social ostracism, with Ingrid Bergman as a prime example.  As if any of us knew anything about the Bergman-Rosselini scandal, which had occurred when we were about three years old.

But boys will be boys, girls will be girls and hormones will out.  Sooner or later, nearly all of the girls found themselves with their bras unhooked and wondering just how firmly to fend off the hand now fumbling at the button on their pants.

We still operated on the baseball analogy in those days: kissing was first base, petting above the waist was second base, petting below the waist was third base and “going all the way” was a home run.  Useful euphemisms in a more innocent age, they have since gone the way of “23 skidoo” and “cut a rug.”  I actually had to explain them to my stepdaughter.  God, do I feel old sometimes.

Today, according to Kristi, virginal girls don’t mark their progress in such slow and defined steps.  If you’ve been “going with” a guy for a couple of months, and you’re at least fourteen or fifteen, you don’t waste time on second and third bases.  You just stroll casually from first base to home plate.

*

I’m not a prude, nor am I a sexual hypocrite.  I bought Kristi her first condoms when she was fourteen, and she has repaid me by being sexually responsible, by not being promiscuous and by being open and honest with me.

Today’s kids have much healthier sexual attitudes than we did, but I can’t help feeling that they’re missing a hell of a lot of the fun, without “parking.”  Adolescent sex is supposed to be a little furtive, a little dirty, a little like the world’s longest foreplay, with each successive step savored for its delicious naughtiness.  The girl goes home to bed with an exaggerated swoon, reliving again and again the feel of her love’s hands on her body.  The boy goes home to bed and masturbates.

Once when Marianne and I were reminiscing about our teen years, Kristi could hardly believe we were serious.  “You mean you did it in a car?” she asked, aghast.

*

The embryonic subdivision could also be used for killing off the last few beers of the evening when you’ve failed again to score, or for sleeping it off in the car before driving back home the next morning to change clothes and go to work (each of you, of course, having spent the night at the other’s house…).

(Unless, of course, you were me, who came and went as I wanted and who was only moments away from realizing that I needed to get into the child-rearing business and start rearing myself.)

“Sleeping it off” was probably how Warren and I discovered what a city planning commission would have termed the “Highest and Best Use” for the World’s Largest Pipe Wrench.  The wrench was still in Warren’s trunk one night when we pulled into a hidden cul-de-sac of the new Meadowood subdivision, not quite too drunk to go home, but intending to remedy that fact right there.

Instead, while polishing off our dessert of cherry brandy, our attention kept coming back to the fire hydrant.  And then to the heretofore worthless piece of stolen equipment in Warren’s trunk.  And then back to the fire hydrant.

You don’t open the cap on a fire hydrant with just any old tool found in your average garage workshop, or, for that matter, in your average neighborhood hardware store.  Firemen have a hydrant wrench.  Lacking that, two guys can open a hydrant with a giant pipe wrench.

In all fairness, it did take us a couple of attempts to iron out the bugs.  When we first got the large cap unscrewed, we were puzzled because there was no water.  One of us eventually noticed that maybe you had to turn the faucet on?  You know, that thingee on the top?

Loosening that “thingee on the top” eventually freed a four-inch-diameter gush of water capable of gouging a trench two feet deep and at least twenty feet long across the dirt roadway.  It would have been as much fun as the cherry bomb in the Skytrain bathroom years before, except for the fact that we couldn’t hang around to see the reaction.

Of course we were careful.  Warren and I were much too smart for the adults in town, and were never caught at anything.  We weren’t dummies.  We didn’t open hydrants on any regular or predictable basis and we only told about and/or loaned the “The Wrench” to our dozen or so closest personal friends.

And it continued to be great fun for several months, until the night Frankie Kincaid dropped his wallet at the scene.

Policemen (and I’m sure they didn’t include Grady) know how to con teenagers, so Frankie ratted.  Luckily, neither Warren nor I had been along that evening, so we escaped any punishment.  But we lost the “The Wrench,” and if Frankie were alive today, I would tell him he owes me two hundred bucks for voluntarily surrendering my wrench.

*

And except for the master key to the school.  I honestly don’t remember how I scored this treasure, but it opened every lock in the entire building.  I used it for purposes both good and bad, including opening the door to home room when the teacher was late, and later passed it on to Rick as a legacy.  Rick, unfortunately, was too honest to use it for its intended purpose – mischief.  Despite my request that he pass it on to a deserving sophomore or junior upon his graduation, it probably rests today in a junk drawer at Rick’s house or in a landfill somewhere just outside of Midwest City.

My friend, Dwain, and I used it at 2 a.m. one night so he could change his English grades in one classroom while I wrote “FUCK HARMS” in felt-tip pen on the movie screen in Mr. Harms’ chemistry lab.

*

And except for Friday nights, which were still reserved for cruising and drinking beer with Warren and sometimes banging the bimbo across town while her mother was passed out in bed.

And except for being the keeper of the communal alcohol supply because I had a lockable cabinet in my bedroom.

Well, reformation was a slow process for several years, and not visible at all to Mildred, who focused solely on the family dynamics to the exclusion of my grades, my activities and the fact that I hadn’t been arrested in some time.

**

I worked after school to earn money to repay my mother for the loan she had made to me to buy the hupmobile (actually a 1954 Studebaker, but so nicknamed by one of the cooks at the cafeteria where I worked), to pay for gasoline, insurance and repairs, to pay for beer and hamburgers on Friday nights and hamburgers and movies on Saturday nights with a date.

One of my first jobs was at a discount department store called GEX (Government Employees’ Exchange), part of a chain whose gimmick was that you had to be a member, and in order to become a member, you had to be a government employee, or be related to a government employee, or know someone whose house cleaner also cleaned the house of a government employee.

“Government employees are not like the rest of the working force,” Mr. Cico would explain at the interminable employee rallies.  “Their salaries aren’t competitive with the marketplace, and it literally takes an Act of Congress for them to get a raise.  That’s what we’re about.  We were established to give an even break to our civil servants.”

It was bullshit, and the employees knew it.  But still.  A job was a job.

Like today’s discount warehouses, you had to show your membership card to gain entrance.  And employees were required to show their badges.

*

I had taken up smoking at about age seventeen because Warren smoked.  Having an addictive personality, it took me forty years to finally quit, while I suspect that Warren probably quit on a whim in his thirties.

I was technically not allowed to smoke in Mildred’s house, although Bob smoked both cigars and pipes.  But I did occasionally smoke in my bedroom (what the HELL right did they have to tell ME what to do?  I was the one rearing Steve by this point, and my boy was getting good grades, earning his own money at the rate of $1.25 an hour and beginning to plan his future.)

Big set-to one evening about the smoking:  Mildred lecturing, Bob walking through the house dramatically spritzing room deodorizer.  I grabbed another spray can and played “dueling deodorants.”  “Mine is unscented,” I challenged with a smirk, before slamming out the front door to go spend the night at Warren’s house.

Thirty minutes later, I was back, feeling incredibly stupid, not exactly knowing how to deal with the situation, but willing to take my lumps like a proper adult.

“Uh…this is a little bit embarrassing, but, uh…I forgot my employee badge.”

**

Not long before, I had discovered the high school’s speech and drama classes, and learned that my smart mouth could be used to win praise instead of to reinforce my outward image.  And I discovered that I was a ham at heart.  My occasional outbursts had always tended to be a bit histrionic.

Midwest City High School was appropriately noted first for its football team and second for its basketball squad.  But a distant third was the speech team, which always qualified several students for the state speech tournament each year at the University of Oklahoma.

So, what with speech activities, working part-time and girls (who were so much more fun after you got wheels of your own), I found myself with very little time left over for mischief.  If I changed course, it really was at first a matter of time management and only later a conscious choice.

I don’t at all think of speech class as a Monument to My Reformation, but rather as a footprint. Faulkner wrote that a monument only says, “at least I got this far.”  A footprint says “here is where I rested for a while before I started off again.”

*

Loving to read was my salvation, and Damon Runyon was the fuse that sparked my reformation.

Runyon was a New York sports writer in the 1920s and ‘30s who became famous for his comic short stories about Broadway night life and lowlifes.  The musical “Guys and Dolls” was made from bits and pieces of his stories.  I discovered an old copy of a Runyon anthology in Mrs. Dishman’s library and fell in love.

One sophomore day, a junior student came into English class to present his “humorous interpretation” event, an abridgement of Runyon’s “Rusty Minds the Baby.”

I would love to do that, I thought, and the next week switched one of my elective classes for Speech.  I wasn’t really very good at it, but I did try my hand at humorous interpretation, dramatic interpretation, writing speeches (Original Oratory), delivering other people’s speeches (Interpretive Oratory), debate and acting.  During the next three years I became a card-carrying member of both the National Forensic League and the National Thespian Society.  (Not that I could resist the humor of it.  I felt like the young George Bailey in “It’s a Wonderful Life” telling pre-teen Mary that “I’ve been nominated for membership in the National Geographic Society!”)

Contrary as always, when the class produced the musical, “Li’l Abner,” I asked for the part of Evil-Eye Fleegle.

*

Debate taught me to think. The subject my first year was “Reciprocal free trade with non-Communist nations,” a big item on the Kennedy agenda.  Each year’s subject was chosen by some national organization or other, and was the same for high schools across the country.  The second year, we debated the pros and cons of extending the Social Security system to include medical care for the elderly, a concept which later became Medicare.

This was a whole new world.  This was no longer getting in trouble at school for the sin of being bored or at home for the sin of…what?  Being a child?  Not being an adult?   For being in the way or inconvenient or for not being warm and cuddly enough?  I didn’t have to hit Sharon any more to get attention?  I didn’t have to live down to expectations?

It was maybe just the slightest bit more interesting than “I know this old boy with a blah-de-blah engine and a hoo-de-doo carb and he’d let me have it for about a buck ninety-five,” or “there was this big-ol’ buck about a hunnerd yards away, and I drawed down on him with the thirty-ought-six and dropped him with one shot.”  Or Mildred’s philosophical musings about whether Mitch Miller or Lawrence Welk was the better musician.

This was almost like accomplishing something.  It channeled my skepticism into an attempt to convince, rather than my usual half-conscious attempt to alienate, feeling that I had lost before I ever spoke.

I had a chance to win, for a change.  Not that I did win all that often, my cockiness frequently leading to sloppy research and my sloppy research to getting my butt kicked.

But I didn’t need to learn that if I got my butt kicked it was my own fault.  I had always known that.  But at least now I was evenly matched.

Most importantly, it gave me a fresh mask to wear.

Sometimes almost tongue-tied in one-on-one conversation (it would be years yet before I could look another person directly in the eyes), I could give a presentation to a group and talk, perform, “act” natural.  Just so long as I had a role to play.

Suddenly, for debate research, I was reading Time and Newsweek and studying charts in the Statistical Abstract of the United States.  I discovered not only that I should, but that I really wanted to go to college.  I discovered that I liked having good grades, but even more than that, I wanted an education.

Damn.  Better not let the folks find out about this.

But I needn’t have worried.  They weren’t interested, assuming that my new fixation was probably as unsavory as all of my other activities and letting me know, when I lost an after-school job for taking too much time off for speech activities, that maybe I should re-evaluate my priorities.  How was I going to get ahead in life, how was I going to go to college, if I couldn’t even keep a job?

*

When I was a junior, Mildred asked me to ask my senior friends if it were possible to go to college for $100 a semester, which was all she felt she could afford, what with making double monthly house payments, saving heftily for retirement, and all.  My friends laughed at me.

Tuition at the University of Oklahoma was an incredibly low $7.00 per semester-hour.  A full-time student (i.e., a male wanting to postpone being drafted) carried at least twelve hours per semester.  Serious students took sixteen to eighteen hours per semester, meaning tuition alone was around a hundred bucks, give or take.  The cheapest dormitories were $90.00 a month, and then there were the books.

Mildred had been working on me to apply to the Air Force Academy.  After all, I had always wanted to fly.  And the tuition would be free.  I did apply, and didn’t make it.  So she decided I should become a barber.

“Barber school is only nine months, and then you would have a trade and could put yourself through college,” she suggested.  “You know, your grandfather was a barber, and your Uncle Lawrence is a barber.”

“But Mil, I don’t want to be a barber.  Don’t you understand that the ambition of half of the girls in my class is to go to cosmetology school so they can spend the rest of their lives doing beehive hairdos?  I want an education.”

Wrong argument.  From the time of her divorce in her 40’s to her abandonment of most personal hygiene in her 80’s, Mil had only washed her hair once a week.  She went to the hairdresser every Saturday for a shampoo, a cut, a style and half a can of industrial-strength hairspray, and slept on a silk pillowcase to prevent her hair from being mussed in between beauty parlor appointments.  And besides, was I implying there was something wrong with beehive hairdos?

“You want a journalism degree,” she snorted.  “How do you expect to make a living?”

“I’ll make a living.  And besides,” I added, foolishly thinking that I could trump her, “if I don’t go to college straight out of high school, I’ll be drafted.”

“Well maybe the Army would pay for your college then.”  Queen of trumps.

“I am not going to barber school.  That’s it!  End of discussion!  You have the money!”  King of trumps.

Well,” she finished icily.  “You know what my monthly obligations are.  You know I can’t spend Bob’s money for your education.  I just don’t know how you’re going to do it.”

Ace of trumps.

Next Up:  The Man Who Owned Oklahoma City

CHAPTER 19

For Satan finds some mischief still
For idle hands to do.

Isaac Watts, Against Idleness and Mischief

Devil’s gonna get you
Devil’s gonna get you
Oh, the devil’s gonna get you
Man just as sure as you’re born.

Porter Grainger

When I reached high school, I discovered that I had less and less leisure time to get into much trouble.
Except, of course, for the World’s Largest Pipe Wrench and the fire hydrants in the new housing development.
“The Wrench,” as it came to be called, couldn’t possibly have been nine feet long, or it wouldn’t have fit in the trunk of a car.  It only looked that long.  And it can’t have weighed as much as I remember, or it would have taken two of us to carry it.  As it was, it only took a minimum of two of us to enjoy it.
James or Frankie or Bill would ask Warren or me (after all, “the wrench” was ours) on a Thursday or Friday afternoon, “Are you guys gonna use ‘the wrench’ this weekend?  Can we borrow it?”
*
Yet another square-mile section of Midwest City was being developed for tract houses.  Probably according to The Master Plan.
Underground utilities always go in first in a new development; then roads are graded; then building pads are graded and stakes with colored flags planted at the corner of each surveyed lot.
But this development was not your small-potatoes operation by a home-boy contractor who scraped together enough money to buy an acre or two and put in ten or twenty houses.  This development was almost an entire section, a square mile, the best part of six hundred and forty acres.  At least 2,000 homes, allowing for streets, another school site and space along the four section lines for strip malls and other commercial development.  All of the twisty streets for which Midwest City was famous were graded before a single concrete pad was poured or a single frame went up.
And within a few hundred feet of each other along those graded dirt roads were scores of fire hydrants, already connected to the municipal water supply.
All of them just waiting to do what fire hydrants were designed to do.
*
I stole the pipe wrench from a construction site and tossed it into Warren’s trunk.  It may have taken us a week or two to realize that its entertainment value was worth its own weight, but then good fortune is not always accompanied by knowledge of good fortune.
The new housing development was deserted when the contractors and workmen went home every afternoon, and was a great place to drive with your girlfriend after a movie for what was then known as “parking and petting.”  Well… “parking and/or petting,” since you could park without petting but it was difficult to pet without parking.  These are quaint concepts today, when fifteen-year-old girls are only too anxious to make their boyfriends’ dreams come true.  But in mid-America in mid-century, they were serious concerns for adults.
One church even published a series of pamphlets about the evils of “petting,” coyly never spelling out what the vile deed consisted of, but leaving no doubt that it led to pregnancy and social ostracism, with Ingrid Bergman as a prime example.  As if any of us knew anything about the Bergman-Rosselini scandal, which had occurred when we were about three years old.
But boys will be boys, girls will be girls and hormones will out.  Sooner or later, nearly all of the girls found themselves with their bras unhooked and wondering just how firmly to fend off the hand now fumbling at the button on their pants.
We still operated on the baseball analogy in those days: kissing was first base, petting above the waist was second base, petting below the waist was third base and “going all the way” was a home run.  Useful euphemisms in a more innocent age, they have since gone the way of “23 skidoo” and “cut a rug.”  I actually had to explain them to my stepdaughter.  God, do I feel old sometimes.
Today, according to Kristi, virginal girls don’t mark their progress in such slow and defined steps.  If you’ve been “going with” a guy for a couple of months, and you’re at least fourteen or fifteen, you don’t waste time on second and third bases.  You just stroll casually from first base to home plate.
*
I’m not a prude, nor am I a sexual hypocrite.  I bought Kristi her first condoms when she was fourteen, and she has repaid me by being sexually responsible, by not being promiscuous and by being open and honest with me.
Today’s kids have much healthier sexual attitudes than we did, but I can’t help feeling that they’re missing a hell of a lot of the fun, without “parking.”  Adolescent sex is supposed to be a little furtive, a little dirty, a little like the world’s longest foreplay, with each successive step savored for its delicious naughtiness.  The girl goes home to bed with an exaggerated swoon, reliving again and again the feel of her love’s hands on her body.  The boy goes home to bed and masturbates.
Once when Marianne and I were reminiscing about our teen years, Kristi could hardly believe we were serious.  “You mean you did it in a car?” she asked, aghast.
*
The embryonic subdivision could also be used for killing off the last few beers of the evening when you’ve failed again to score, or for sleeping it off in the car before driving back home the next morning to change clothes and go to work (each of you, of course, having spent the night at the other’s house…).
(Unless, of course, you were me, who came and went as I wanted and who was only moments away from realizing that I needed to get into the child-rearing business and start rearing myself.)
“Sleeping it off” was probably how Warren and I discovered what a city planning commission would have termed the “Highest and Best Use” for the World’s Largest Pipe Wrench.  The wrench was still in Warren’s trunk one night when we pulled into a hidden cul-de-sac of the new Meadowood subdivision, not quite too drunk to go home, but intending to remedy that fact right there.
Instead, while polishing off our dessert of cherry brandy, our attention kept coming back to the fire hydrant.  And then to the heretofore worthless piece of stolen equipment in Warren’s trunk.  And then back to the fire hydrant.
You don’t open the cap on a fire hydrant with just any old tool found in your average garage workshop, or, for that matter, in your average neighborhood hardware store.  Firemen have a hydrant wrench.  Lacking that, two guys can open a hydrant with a giant pipe wrench.
In all fairness, it did take us a couple of attempts to iron out the bugs.  When we first got the large cap unscrewed, we were puzzled because there was no water.  One of us eventually noticed that maybe you had to turn the faucet on?  You know, that thingee on the top?
Loosening that “thingee on the top” eventually freed a four-inch-diameter gush of water capable of gouging a trench two feet deep and at least twenty feet long across the dirt roadway.  It would have been as much fun as the cherry bomb in the Skytrain bathroom years before, except for the fact that we couldn’t hang around to see the reaction.
Of course we were careful.  Warren and I were much too smart for the adults in town, and were never caught at anything.  We weren’t dummies.  We didn’t open hydrants on any regular or predictable basis and we only told about and/or loaned the “The Wrench” to our dozen or so closest personal friends.
And it continued to be great fun for several months, until the night Frankie Kincaid dropped his wallet at the scene.
Policemen (and I’m sure they didn’t include Grady) know how to con teenagers, so Frankie ratted.  Luckily, neither Warren nor I had been along that evening, so we escaped any punishment.  But we lost the “The Wrench,” and if Frankie were alive today, I would tell him he owes me two hundred bucks for voluntarily surrendering my wrench.
*
And except for the master key to the school.  I honestly don’t remember how I scored this treasure, but it opened every lock in the entire building.  I used it for purposes both good and bad, including opening the door to home room when the teacher was late, and later passed it on to Rick as a legacy.  Rick, unfortunately, was too honest to use it for its intended purpose – mischief.  Despite my request that he pass it on to a deserving sophomore or junior upon his graduation, it probably rests today in a junk drawer at Rick’s house or in a landfill somewhere just outside of Midwest City.
My friend, Dwain, and I used it at 2 a.m. one night so he could change his English grades in one classroom while I wrote “FUCK HARMS” in felt-tip pen on the movie screen in Mr. Harms’ chemistry lab.
*
And except for Friday nights, which were still reserved for cruising and drinking beer with Warren and sometimes banging the bimbo across town while her mother was passed out in bed.
And except for being the keeper of the communal alcohol supply because I had a lockable cabinet in my bedroom.
Well, reformation was a slow process for several years, and not visible at all to Mildred, who focused solely on the family dynamics to the exclusion of my grades, my activities and the fact that I hadn’t been arrested in some time.
**
I worked after school to earn money to repay my mother for the loan she had made to me to buy the hupmobile (actually a 1954 Studebaker, but so nicknamed by one of the cooks at the cafeteria where I worked), to pay for gasoline, insurance and repairs, to pay for beer and hamburgers on Friday nights and hamburgers and movies on Saturday nights with a date.
One of my first jobs was at a discount department store called GEX (Government Employees’ Exchange), part of a chain whose gimmick was that you had to be a member, and in order to become a member, you had to be a government employee, or be related to a government employee, or know someone whose house cleaner also cleaned the house of a government employee.
“Government employees are not like the rest of the working force,” Mr. Cico would explain at the interminable employee rallies.  “Their salaries aren’t competitive with the marketplace, and it literally takes an Act of Congress for them to get a raise.  That’s what we’re about.  We were established to give an even break to our civil servants.”
It was bullshit, and the employees knew it.  But still.  A job was a job.
Like today’s discount warehouses, you had to show your membership card to gain entrance.  And employees were required to show their badges.
*
I had taken up smoking at about age seventeen because Warren smoked.  Having an addictive personality, it took me forty years to finally quit, while I suspect that Warren probably quit on a whim in his thirties.
I was technically not allowed to smoke in Mildred’s house, although Bob smoked both cigars and pipes.  But I did occasionally smoke in my bedroom (what the HELL right did they have to tell ME what to do?  I was the one rearing Steve by this point, and my boy was getting good grades, earning his own money at the rate of $1.25 an hour and beginning to plan his future.)
Big set-to one evening about the smoking:  Mildred lecturing, Bob walking through the house dramatically spritzing room deodorizer.  I grabbed another spray can and played “dueling deodorants.”  “Mine is unscented,” I challenged with a smirk, before slamming out the front door to go spend the night at Warren’s house.
Thirty minutes later, I was back, feeling incredibly stupid, not exactly knowing how to deal with the situation, but willing to take my lumps like a proper adult.
“Uh…this is a little bit embarrassing, but, uh…I forgot my employee badge.”
**
Not long before, I had discovered the high school’s speech and drama classes, and learned that my smart mouth could be used to win praise instead of to reinforce my outward image.  And I discovered that I was a ham at heart.  My occasional outbursts had always tended to be a bit histrionic.
Midwest City High School was appropriately noted first for its football team and second for its basketball squad.  But a distant third was the speech team, which always qualified several students for the state speech tournament each year at the University of Oklahoma.
So, what with speech activities, working part-time and girls (who were so much more fun after you got wheels of your own), I found myself with very little time left over for mischief.  If I changed course, it really was at first a matter of time management and only later a conscious choice.
I don’t at all think of speech class as a Monument to My Reformation, but rather as a footprint. Faulkner wrote that a monument only says, “at least I got this far.”  A footprint says “here is where I rested for a while before I started off again.”
*
Loving to read was my salvation, and Damon Runyon was the fuse that sparked my reformation.
Runyon was a New York sports writer in the 1920s and ‘30s who became famous for his comic short stories about Broadway night life and lowlifes.  The musical “Guys and Dolls” was made from bits and pieces of his stories.  I discovered an old copy of a Runyon anthology in Mrs. Dishman’s library and fell in love.
One sophomore day, a junior student came into English class to present his “humorous interpretation” event, an abridgement of Runyon’s “Rusty Minds the Baby.”
I would love to do that, I thought, and the next week switched one of my elective classes for Speech.  I wasn’t really very good at it, but I did try my hand at humorous interpretation, dramatic interpretation, writing speeches (Original Oratory), delivering other people’s speeches (Interpretive Oratory), debate and acting.  During the next three years I became a card-carrying member of both the National Forensic League and the National Thespian Society.  (Not that I could resist the humor of it.  I felt like the young George Bailey in “It’s a Wonderful Life” telling pre-teen Mary that “I’ve been nominated for membership in the National Geographic Society!”)
Contrary as always, when the class produced the musical, “Li’l Abner,” I asked for the part of Evil-Eye Fleegle.
*
Debate taught me to think. The subject my first year was “Reciprocal free trade with non-Communist nations,” a big item on the Kennedy agenda.  Each year’s subject was chosen by some national organization or other, and was the same for high schools across the country.  The second year, we debated the pros and cons of extending the Social Security system to include medical care for the elderly, a concept which later became Medicare.
This was a whole new world.  This was no longer getting in trouble at school for the sin of being bored or at home for the sin of…what?  Being a child?  Not being an adult?   For being in the way or inconvenient or for not being warm and cuddly enough?  I didn’t have to hit Sharon any more to get attention?  I didn’t have to live down to expectations?
It was maybe just the slightest bit more interesting than “I know this old boy with a blah-de-blah engine and a hoo-de-doo carb and he’d let me have it for about a buck ninety-five,” or “there was this big-ol’ buck about a hunnerd yards away, and I drawed down on him with the thirty-ought-six and dropped him with one shot.”  Or Mildred’s philosophical musings about whether Mitch Miller or Lawrence Welk was the better musician.
This was almost like accomplishing something.  It channeled my skepticism into an attempt to convince, rather than my usual half-conscious attempt to alienate, feeling that I had lost before I ever spoke.
I had a chance to win, for a change.  Not that I did win all that often, my cockiness frequently leading to sloppy research and my sloppy research to getting my butt kicked.
But I didn’t need to learn that if I got my butt kicked it was my own fault.  I had always known that.  But at least now I was evenly matched.
Most importantly, it gave me a fresh mask to wear.
Sometimes almost tongue-tied in one-on-one conversation (it would be years yet before I could look another person directly in the eyes), I could give a presentation to a group and talk, perform, “act” natural.  Just so long as I had a role to play.
Suddenly, for debate research, I was reading Time and Newsweek and studying charts in the Statistical Abstract of the United States.  I discovered not only that I should, but that I really wanted to go to college.  I discovered that I liked having good grades, but even more than that, I wanted an education.
Damn.  Better not let the folks find out about this.
But I needn’t have worried.  They weren’t interested, assuming that my new fixation was probably as unsavory as all of my other activities and letting me know, when I lost an after-school job for taking too much time off for speech activities, that maybe I should re-evaluate my priorities.  How was I going to get ahead in life, how was I going to go to college, if I couldn’t even keep a job?
*
When I was a junior, Mildred asked me to ask my senior friends if it were possible to go to college for $100 a semester, which was all she felt she could afford, what with making double monthly house payments, saving heftily for retirement, and all.  My friends laughed at me.
Tuition at the University of Oklahoma was an incredibly low $7.00 per semester-hour.  A full-time student (i.e., a male wanting to postpone being drafted) carried at least twelve hours per semester.  Serious students took sixteen to eighteen hours per semester, meaning tuition alone was around a hundred bucks, give or take.  The cheapest dormitories were $90.00 a month, and then there were the books.
Mildred had been working on me to apply to the Air Force Academy.  After all, I had always wanted to fly.  And the tuition would be free.  I did apply, and didn’t make it.  So she decided I should become a barber.
“Barber school is only nine months, and then you would have a trade and could put yourself through college,” she suggested.  “You know, your grandfather was a barber, and your Uncle Lawrence is a barber.”
“But Mil, I don’t want to be a barber.  Don’t you understand that the ambition of half of the girls in my class is to go to cosmetology school so they can spend the rest of their lives doing beehive hairdos?  I want an education.”
Wrong argument.  From the time of her divorce in her 40’s to her abandonment of most personal hygiene in her 80’s, Mil had only washed her hair once a week.  She went to the hairdresser every Saturday for a shampoo, a cut, a style and half a can of industrial-strength hairspray, and slept on a silk pillowcase to prevent her hair from being mussed in between beauty parlor appointments.  And besides, was I implying there was something wrong with beehive hairdos?
“You want a journalism degree,” she snorted.  “How do you expect to make a living?”
“I’ll make a living.  And besides,” I added, foolishly thinking that I could trump her, “if I don’t go to college straight out of high school, I’ll be drafted.”
“Well maybe the Army would pay for your college then.”  Queen of trumps.
“I am not going to barber school.  That’s it!  End of discussion!  You have the money!”  King of trumps.
“Well,” she finished icily.  “You know what my monthly obligations are.  You know I can’t spend Bob’s money for your education.  I just don’t know how you’re going to do it.”
Ace of trumps.

I May Be Small, But It’s Still My Office

I’m a little guy and a pacifist.  To the best of my memory, I’ve only been in two fistfights in my life.  I don’t believe in force or violence…except that, sometimes I wish I were considerably larger so I could assert myself a bit more strongly.

In this case, however, I wouldn’t have cared how big the fellow was.  I’d have done it anyway.  I just probably wouldn’t have been quite so successful.

Fellow calls up to make an appointment with me because he says his sister wants to make a will.  My secretary made an appointment for the sister, but she showed up with her brother and his wife in tow.  The brother insisted – over my objections, but with the consent of his sister – on coming into my office with the client.

During the interview, it turned out that my client was widowed with three children, none of whom met the approval of the brother.

“Ma’am, may I assume that you want your estate to go equally to your three children?” I asked.

“No, she doesn’t,” the brother answered for her.  “She wants it to go to me.  And if I’m dead, to my kids.”

“Is that true, ma’am?”  She nodded.

“I told you that.  Now write it up,” the brother said.

“Sir, I really have to have the answers from Mrs. _____, and not from you.”

“I know what she wants.  Just ask her.”

For about ten minutes, as I tried to explore the reasons for leaving her own children out of her will, the client said almost nothing.  Brother answered every question I asked.  Sister sat there meekly agreeing with him, but it was obvious that she was afraid of him.

Finally I had enough.  “Mr. ____, I’m going to have to ask you to go wait outside while I talk to your sister alone.”

“She said it was OK for me to be here.  Ask her again if you don’t believe me.”

“Sir, I want to talk…I intend to talk to your sister in private.  Now please have a seat outside.”

“You can’t make me leave!” he yelled.  “I have a right to be here!  She’s my sister!”

“Sir, I’m not going to tell you again.  Now go out to the waiting room and wait!”

Luckily for me, the fellow was slightly smaller even than I am and probably about as old as I am now, which is to say old.  When he refused to leave, I came around from behind my desk, placed a hand under his armpit and another on his elbow, lifted him out of the chair and guided him out of the office.  But as I was closing the door behind him, he started pushing the door the other way, bulling his way back in, screaming all the while.

Pacifist that I am, I’ve always wanted to do this: I grabbed a handful of his jacket and shirt collar from the back and hustled him out of the office like tossing a drunk out of a saloon.  Then I locked the door.  He stood there screaming and pounding on the door for a while before he finally realized that he wasn’t coming back in.

When the noise subsided, I gently pried out of the woman that she loved her kids and didn’t want to leave them out of her will, but that she couldn’t stand up to her brother.  Their parents had been first-generation Portuguese and they were brought up in the old school in which the eldest male is the patriarch of the entire extended family.

I got the information I needed and told the client I would write the will the way she wanted it and that her brother had no right to read her will or ask her what was in it.

When I opened the door to my office, brother was instantly in my face demanding to know what we talked about.

“I’m sorry, sir, but that is a private matter between your sister and me.  You’ll be able to find out what’s in her will after she dies.”

They left, I wrote the will and my secretary left a message on the client’s answering machine to say it was ready to be reviewed and signed.

Not surprisingly, the client never returned the call and never returned to my office.

The Defrocked Judge – II

Taking Care of Enemies

I should have listened to Lyn, Bill Spruance’s long-time secretary and probably the only real friend he had in the world.  For some reason, she genuinely liked him – but she also saw right through him.

“If he makes you a promise of any kind, get it in writing,” she advised.  “Try not to go to lunch with him on Friday, or any day, if you can help it.  And don’t get on his wrong side.”

He wasn’t a good enough attorney to make life miserable for anybody except those who worked for him, but when he took the bench he took with him a long list of grievances – and promptly began accumulating more – and used his power to settle scores old and new.

*

One such grievance stemmed from a run-in several years before with another attorney.  The two had been on opposite sides of a case, there was a pissing match in open court and Spruance was held in contempt.  After taking the bench, he let it be known that the other attorney would be well advised never to set foot in his courtroom.

Unfortunately, the other attorney eventually found himself in Spruance’s court while representing a criminal defendant.  The attorney made a motion to disqualify the judge under a code section authorizing such disqualifications if the judge is prejudiced against a party or his attorney “so that the party or attorney cannot or believes that he or she cannot have a fair and impartial trial or hearing…”

These motions are routinely granted without argument.  Indeed, the law specifically prohibits a challenged judge from holding a hearing on the motion.  If the judge objects to the challenge, the matter must be sent to another judge for a hearing.  Yet Spruance put the defense attorney through the ringer, grilling him in open court about the facts behind his motion for disqualification and claiming to remember neither the trial in which he had been held in contempt nor his threats against the defense attorney.

Finally, he granted the motion, but only after ordering the defense attorney to pay the fees of all the witnesses who had been subpoenaed to appear at trial that day – an order with no legal grounds whatsoever.

The Supreme Court found that he acted “out of revenge and in bad faith.”

*

But the worst one was when he ordered a Deputy District Attorney – who was  in court asking for a search warrant – to sit in the jury box and refused to let him leave the courtroom.  Spruance was angry because the DDA had filed an appeal from his judgment in a different case and began questioning him belligerently about an affidavit filed in that case, which was not before him at the time.  Eventually, the DA declined to answer any more questions and the following exchange occurred:

Mr. Behrendt: May I ask what purpose these questions are being asked me at this time?

The Court: I don’t believe, Mr. Behrendt, that it is your position as an officer to ask the court any questions. The court is asking you and the court, I believe, is entitled to a little courtesy.

Mr. Behrendt: I have always been courteous to this court, Your Honor, and –

The Court: Now, the –

Mr. Behrendt: — and I have a right to reserve any answer to –

The Court: Well, now, Mr. Behrendt, I’ll tell you what. You have a seat in the jury box.

Mr. Behrendt: Am I being held, Your Honor, in custody at this time?

The Court: If you wish it this way.

Mr. Behrendt: Is the court holding me in contempt or holding me in custody at this time?

The Court: The court is telling you to sit down.

Mr. Behrendt: Your Honor, at this time I intend to leave the courtroom unless I am being placed under arrest for contempt.

The Court: Mr. Behrendt, don’t leave the courtroom. I’m telling you to sit down. Now, that is a court order, if you wish.

Mr. Behrendt: Is the court placing me in custody at this time, Your Honor?

The Court: It depends on what you do, Mr. Behrendt. The court is telling you to sit down, Mr. Behrendt, I don’t want to do anything rash. Now, you sit down.

Mr. Behrendt: May I ask the court what authority it is holding me in this court?

The Court: Mr. Behrendt, that is a court order, to sit down until such time –

Mr. Behrendt: May the court define my status at this time, why I am being held inside this courtroom?

The Court: Mr. Behrendt, I have had enough of you, now, you sit down.

Mr. Behrendt: Your Honor, at this time –

Mr. Court: Mr. Behrendt, this is the last time. Now, sit down.

Mr. Behrendt: Excuse me, Your Honor, I intend to leave the court. If I am no longer required –

The Court: You are required here.

Mr. Behrendt: May I ask the reason the court is requiring me to stay in this courtroom?

The Court: [To the bailiff] Do you want to escort him to a seat, please?

Mr. Behrendt: Am I being placed in custody at this time?

The Court: Would you escort him to a seat, please? You may have a seat in the jury box.”

Not surprisingly, the Supreme Court held that the judge was completely out of line in bringing up the earlier matter – not to mention holding the Deputy DA in custody on a whim.

Much as a 12-year-old child views things, however, nothing was ever Spruance’s fault and he later sought to explain away his actions by claiming there was a “technical difficulty” in the search warrant that the DA was seeking.  The Supreme Court saw through this one, also: “Petitioner’s attempt to put a gloss of good faith over the entire incident…failed to conceal the fact that his conduct was clearly motivated by feelings of animosity toward [the Deputy DA.]”

*

And then there was the time he gave a defendant the finger for showing up late for traffic court.

And there was also the time when a defendant was testifying at trial and Spruance gave him a raspberry, or Bronx cheer, to indicate that he didn’t believe his testimony.  It seems the good judge was angry at the deputy public defender representing the defendant because he had refused a plea bargain suggested by the judge.

…and also the time Spruance got a traffic ticket and persuaded a reluctant Judge Robert Fairwell to dismiss it.  That was bad enough in itself, but he then altered the court record to make it look as if the ticket was dismissed because he had gone to traffic school.

In his appeal from the order removing him from the bench, he blamed all of these matters on being overworked, on the “loose practices” prevailing in the judicial district and on his inexperience, and asserted that while he may have made mistakes, “nobody complained.”  But the Supreme Court having none of it.

“[T]he evidence is clear and convincing that when attorneys did object, petitioner retaliated,” the court wrote, following up with a few choice phrases about the extent of its displeasure with Spruance and the “clear evidence of [his] petty tyranny and favoritism.”

“Taken as a whole the record indicates that petitioner engaged in a pervasive course of conduct of overreaching his judicial authority by deciding cases for reasons other than the merits, by improperly influencing another judge, and by using the judicial process to gain special favors for friends and political supporters….[P]etitioner has under color of judicial office repeatedly committed petty, vindictive, vulgar and otherwise unjudicial acts….Clearly, petitioner abused his judicial authority and acted out of revenge and hostility….[P]etitioner’s contemptuous “raspberry” was a deliberate and malicious attempt to prejudice the defendant’s case, motivated by petitioner’s anger toward the deputy public defender… [T]here can be no mitigation for maliciously motivated unjudicial conduct….”

The Steply Ugfather – Part 3

Two Letters

When my step-daughter was in college, she was in an auto accident (not her fault) which totaled her little tin can of a used car.  She hadn’t had very good luck with used cars so far and, when she was trying to decide what to do about new wheels, I suggested what I thought was a perfectly good solution.

“You’re going to get a few thousand dollars when you turn 21 from the settlement on your accident,” I offered.  “What about if we take the insurance payoff from this car, use it as a down payment on a new car and your dad and I each make half the monthly payments until you’re 21?   Then you can take over the payments.”

She thought it was a good idea until she brought the subject up to her dad.  “He says he doesn’t trust you guys to make your half of the payments,” she related.

Well.  Hello?  I was paying for the bulk of her college education.  Her dad agreed to buy her books – but even then wouldn’t give her money in advance.  She had to turn in her receipts from the campus bookstore and ask for reimbursement from him.  Being perpetually short of money (partly from trying to keep up with her rich roommates), she would buy anything she could at the bookstore and tell him the receipt was all for books and school supplies.

*

To be fair, he had more than a couple of reasons not to be happy with his ex-wife and her new husband.

For instance, the kid and her friends took a cruise to Santa Barbara one weekend and she got a traffic ticket on the way home.  We just shrugged our shoulders and said, “Oh, well.  I guess you’d better figure out a way to pay the fine, hadn’t you?”

But then the Notice to Appear arrived in the mail and we discovered she had been going 93 miles per hour in a 65 mph zone – in a car that was probably barely safe at 65.  So we took the car keys away for a while.

“But I’m too old to be grounded!” she wailed.  “Honey, you’re not grounded.  You just don’t have a car for a while.  Don’t you remember that contract we all signed?  You agreed to this ahead of time.”  “Well, I might as well be grounded,” she screamed and ran off to the comfort of Daddy Dearest’s arms.

DD put on his deepest and most caring voice and explained that this was but another reason why the most perfect daughter in the world should have been living with him all those years, instead of with “those strange people.”

Mom was livid when she found out that, once again, the man who had no responsibility for raising a child (and who had refused every overture to share such responsibilities) was undermining those who did. So she notified him that if he found it acceptable to drive 93 miles per hour in a motorized tin can, then he could provide her auto insurance.  We would take her off our policy in 30 days.

*

The (Hayward, California) Daily Review used to have a columnist named Tom Goff, who was almost the only saving grace of that suburban newspaper.  Goff ran a series of columns called “The Deadbeat Forum,” about the state’s new (1992) child support laws and their effects on children and parents.

The new law, Goff wrote, “seeks to restore some sanity to a system blighted by shamefully low support levels and non-compliant fathers. Before the law, California ranked among the nation’s lowest states for child-support levels. It now ranks in the top 10.

“There is no arguing with the need for this law. Even the fairest payments sometimes cannot cover the care and education of children.

“But there’s another side of the coin,” he wrote:  the story of middle-class, non-deadbeat dads who are “bitter over what they see as an unintentional boon to ex-spouses who don’t, they say, need bigger award checks to support their children.” 1

And that’s where the kid’s DD came in.  After reading Goff’s series, he contacted the columnist to explain the law’s impact on those non-custodial fathers who were not deadbeats.

Bob is by no means a deadbeat. In the eight years since his divorce, he’s never missed a payment and has kept his end of the joint custody agreement. 2

But immediately after the new law went into effect, Bob’s ex-wife, since re-married and the majority custodian of their 12-year-old daughter, filed for a 70 percent payment increase 3 — even though, Bob says, her standard of living is about the same as his. 4

“It’s a well-intentioned law,” Bob acknowledges. “But at no time did I think this was going to be an attack on the middle-income folk….” 5

“We were planning a family, but the immediate bottom line is that we’re just going to have to put that on hold if they get the increase.” 6

________________________

Notes:

1 Don’t need?  Don’t need? In other words, if the kid isn’t going hungry and has a roof over his head, that’s all he needs? And Daddy Dearest, no matter what his standard of living, shouldn’t have to shell out anything more than half of the kid’s basic needs?  The law doesn’t see it that way and neither do I.

2 This much is true.

3 Not at all true, although it makes a good story.  Either parent can file a motion to ask the judge to take another look at child support, but neither can suggest any specific amount that they believe to be correct.

4 Her standard of living was largely based on my income. As I later wrote to Goff, I had no problem with supporting Daddy Dearest’s child in a better manner than her mother could if she were single.  I just didn’t want to be expected to do so.  (DD’s attorney told the court that if 1 were any kind of man I would wholly support the child and quit picking on her poor father.)

5 Oh, so asking a father to help support his child is an “attack?”

6 My friend Don was furious when he read this part of DD’s statement.  “He wants to have another child when he’s not willing to support the one he already has?” he asked indignantly.

_______________________

Good job of crying in your beer, Daddy Dearest.  But never one to pass up a challenge, I wrote my own letter to Goff, most of which he printed.  Excerpts follow:

Dear Mr. Goff:

I’m told you like a good controversy, so I would like to offer a personal and factual response to your column of August 11, 1992, regarding child support.

I am the step-father of “Bob D.’s” 12-year-old daughter.  Mr. D. is pulling your leg a bit with respect to the facts of his case, which emphasizes a larger problem of child support:  Even fathers who pay their support on time tend to resent paying anything at all.

What Mr. D. didn’t tell you is that…until recently, he was paying only $245 per month in child support.  That is less than 7 percent of his income…to help support a pre-teen daughter.

Meanwhile, Mr. D.’s ex-wife was injured in an automobile accident last year and has not been able to work since September. Yet she did not ask for any increase in child support for more than eight months….It was only after losing her job in mid-May (and thus having to pay more than $800 per month for family medical insurance out of her $1,400 disability award) that she went back to her attorney….

Her new award was $413 per month—only 11 percent of Mr. D’s income…and much less than the 18 percent of income that AFDC says is the minimum necessary for a family to spend to support one child.

Yet Mr. D. is livid.  He has subpoenaed his ex-wife’s employment records, medical records, bank accounts and tax returns for the next court hearing.  He has scheduled her deposition with his attorney….[H]is attorney’s fees, alone, could pay for two or three years of the increased support award.

I pity the poor Mr. D.’s of the world.  I hear their complaints all the time:  “Sure, I believe in helping to support my kids, but what about me?  I can’t take that vacation; I can’t buy that new boat; I can’t have another family if I have to pay child support.  Let her mother support her.”

Sorry, but the law doesn’t work that way.  The kids come first. And you can’t raise a 12-year-old today in a middle-class environment on even two times $245 per month.  Mr. D’s child costs nearly $700 per month in documentable expenses, which do not include food, lodging and medical care (she has serious medical problems).

It was not just single mothers on welfare who suffered under the old support schedule.  It was all mothers.  Mom gets to worry about where to find the money to buy the band or soccer or cheerleading uniform the child needs.  Dad gets to buy a new house and spend his weekends with the kids impressing them with what a hell of a nice guy he is.  Why, he even sends TWO HUNDRED WHOLE DOLLARS to Mom every month to help support them.  (You can just picture a child’s eyes at this statement.)

There’s something wrong with this picture.  And it is small comfort that a father pays his pittance of child support on time each month.

Children are not cheap.  If all the Mr. D.’s actually had to raise their own children, they would long for the days when all they had to do was send a check for two or three hundred dollars once a month.  How does it become the mother’s fault that children cost money?  Why is it wrong for the legislature to say that fathers ought to pay their fair share?

Who is supporting Mr. D.’s daughter?  I am.  Even with the higher support award, I will still be paying more to raise her than her father will.  Who will pay to send her to college?  I will.  He’s made that perfectly clear.  He has even complained because the new support order asks him to pay a portion of her medical care.

I don’t begrudge her a penny of it.  I don’t whine to her mother to quit picking my pocket to help support “her” child.  I don’t moan that I can’t take a vacation or have a baby of my own because I’m supporting someone else’s child.  I wish I could afford to do more.  Still, it would be nice if Mr. D. didn’t expect it of me.

The child is half his.  It would be nice if he voluntarily paid even half the cost of raising her.

Very truly yours,

Steven C. Dimick

Model City – Chapter 18

Guthrie

Politics and poker, politics and poker,
Playing for a pot that’s mediocre

Sheldon Harnick

.

June, 2005

Brick is so strange to me now, having lived more than half my life in earthquake country.  Northern California has some brick buildings – mostly old warehouses – but for the most part, they’ve either been retrofitted with giant steel trusses or have been abandoned as too expensive to save.

Oklahoma is a sea of bricks.  I didn’t remember this.  But it makes sense.  There has never been much in the way of usable timber in Central and Western Oklahoma:  some pine forests here and there, but mostly blackjack and scrub-oak, suitable only for stove wood.

But clay, now, clay the state has in abundance.  You can make bricks from the clay in your own back yard, if you only had a kiln.

Practically the entire University of Oklahoma campus is built of brick, in a curious style dubbed “Cherokee Gothic” by architect Frank Lloyd Wright.  Almost all of the state’s houses are brick.  The older houses are red or russet, the newer developments tend to be gray.  But brick still.  Except for the commercial buildings.

Following fashion, most of the newer commercial buildings are stainless steel, marble, glass, sandstone – anything but brick.

But there are no such modern oddities in Guthrie.

*

In Guthrie – probably because there are no new commercial buildings – everything is brick and nearly everything evokes the past.

Except for the streets, which I distinctly remember as being either brick or cobblestone; but as I drive randomly around town, I can’t find a single street not paved with asphalt.

Guthrie was the first capital of Oklahoma.  Its downtown brick buildings, dating mostly from the 1890s, once boasted a thriving community of banks, hotels, businesses and mercantile stores. But like all tourist destinations, Guthrie’s nicely preserved downtown today houses mostly antique shops and boutiques.

But if I squint my eyes, I can travel back in time a hundred years or more.  No wonder Guthrie has become something of an on-location Mecca for shooting films set anywhere between 1890 and 1940.

**

Oklahoma’s government began here.  And state government has always been as untamed as the state’s cowboy-and-Indian past, nearly always for sale, whether for cash or votes, nearly always beholden to special interests, be they oil companies, the Ku Klux Klan, cotton farmers or the Baptist Church, and always swinging wildly between corruption and reform.

Senator and former governor Robert S. Kerr, one of the most powerful men in the U.S. Senate in the 1950’s, and a strong force for bringing federal money to the state, once said, “I’m against any deal [my state] ain’t in on,” and also bragged that “any man elected to Congress who doesn’t become a millionaire must be a damned fool.”

And no governor was more colorful and controversial than “Alfalfa Bill” Murray, who personally drove the lead bulldozer when the National Guard blocked a toll bridge over the Red River.  But Kerr and Murray were, in the end, merely ordinary players in the theater of Oklahoma politics.

*

The first act began with the first governor and set the scene for all successive administrations.

The Oklahoma Enabling Act of 1906, joining the Oklahoma and Indian Territories in preparation for statehood, had specified that the state capital would be at Guthrie until 1913.  But the state’s first governor, Charles N. Haskell, a Democrat, disliked Guthrie and its local politics (a “Republican nest,” he reportedly called it), and definitely disliked the local newspaper which cut the Democrats no slack.

A strong proponent of the initiative and referendum systems, Haskell managed to have the Legislature place a referendum proposition on the 1910 ballot asking voters to choose among three cities as a permanent location for the state capital.  There was no strong opposition in advance of the vote, as the proposition was silent on exactly when the relocation would take effect.

But when Oklahoma City won the vote handily, Haskell saw no reason to wait.  The sheriff of Logan County, anticipating a coup, posted guards around the state offices to prevent the removal of state documents from Guthrie, but Haskell countered by ordering the National Guard to arrest him.  The governor then directed his secretary to bring the state seal from Guthrie to Oklahoma City, reportedly in a basket of laundry.

“Basket of laundry” sounds more than a little embellished to me, but it does make a good story.  Other accounts merely recite that Haskell “stole” the state seal and removed it thirty miles south to Oklahoma City in the middle of the night.

Regardless of how the seal came to Oklahoma City, Haskell proclaimed, two days after the referendum, that Oklahoma City was now the state capital and the Huckins Hotel, a downtown institution until Urban Renewal, was now the capitol building.  Guthrie protested.  Tulsa protested.  A year later, the U.S. Supreme Court upheld the move.

*

In the second act, notorious train robber Al Jennings ran for governor in 1914, and placed a respectable third in the Democratic primary.  The Oklahoma legislature impeached and removed from office two governors (the state’s fifth and sixth) back-to-back in the 1920’s and a previous attempt to impeach the fourth governor lost by a single vote.

The fifth governor, John C. Walton, was a master of patronage, who even pressured the state’s two universities to place his friends on their payroll.  Patronage was more or less a perquisite of office, however, and although it was the ostensible reason for his removal, the real reason was his war against the Klan.

In the early 1920’s, Klan membership in Oklahoma was estimated at upwards of 100,000 (or almost five percent of the total population) and its activities were growing more vicious and more open by the month.  Walton, a Klan favorite when he campaigned for governor, first placed two counties, and then the entire state, under martial law, and suspended habeas corpus, the latter in direct contravention of the state constitution.  When he called a special session of the legislature to draft laws to curb the Klan, it refused to act, but met in another special session a week later to draft articles of impeachment.

Walton served barely over ten months as governor.

*

Henry S. Johnson, the sixth governor, campaigned throughout the state for progressive Democratic (and Catholic) presidential candidate Al Smith in 1928.  Republican Herbert Hoover won the election, carrying on his coattails a substantial number of Oklahoma Republicans, including state legislators, congressmen and justices of the state Supreme Court.

The Oklahoma Democrats blamed Johnson for the debacle and, less than a month after Hoover was sworn in, joined with Republicans to remove him from office.

The third act has been mostly a reprise of the first two: corruption and reform; buying and selling; corruption and reform, broken only by the occasional boringly honest administration.

**

If there is a single restaurant in downtown Guthrie, a sleepy farming community since 1910, and later an Oklahoma City bedroom community, I couldn’t find it.

But I did stumble across the Drugstore Museum. Located in an ornate brick building built in 1890 – just a year after the Run – it has been restored to celebrate not only a time long gone, but Guthrie’s first pharmacist, Foress B. Lillie.  Lillie made the run, settled in Guthrie and received the second pharmacy license issued in the state, a license which hangs on the wall of the museum.

Straddling a careful line between a faithful reproduction of a statehood-era drugstore and a museum, the place has its original wood floors, an old-time soda fountain and authentic display cases, counters and shelves, all crammed floor-to-ceiling with bottles, tins, scales, mortars, notions and nostrums.

“We’re all volunteers, here,” the septuagenarian docent interrupted my study of hundreds of bottles of quack medicines and now-banned substances.  “We’re grateful for your donations.  Have you been to Guthrie before?”

“Yes…” but I had to stop and think.  “But the last time was probably…1966?  Wow, almost forty years ago.”

“From around here?”

“Originally, but I’ve lived in California for thirty years.  My father’s family was from Guthrie and the Guthrie area.”

“Well, I’ve lived here all my life.  Could be I knew some of them.  What was their name?”

“Um, the family name was Dimick, Roy and Daisy.  They farmed near here off and on.  Then they divorced and Daisy married Dick Collins, who was a car salesman at the Chevrolet dealership in town.  I don’t remember the name, but I’m pretty sure there was only one.”

“Austin Chevrolet,” the docent prompted.

Austin Chevrolet. That’s right!”

“Oh, yeah.  It was a big deal in town for a long time.  Then, when the old man died, the boys tried to carry it on for a while, but you know how those things go.  It’s not here any more.  But I think I remember the name Collins.”

“My Grandma Daisy had several cafes in town over the years,” I said.  “She’d get bored sitting at home.  Or maybe they ran short of money – I don’t know.  So she’d buy a café here or there and operate it for a couple of years.  Then she’d get tired of that and sell it.  I know there was one downtown somewhere at a hotel, but I don’t remember where.”

“And what did you say your family name was?”

“Dimick.  You wouldn’t know my dad, because he left early.  But my granddad was a barber who sold moonshine out of the back door of his shop.  My aunt says the shop was across the street from the post office.”

“Well, hey, the post office is right over there.  And I know there used to be a barbershop across the street, right by the alley.  You can’t see it from here, but if you walk right around the corner, there, in front of the post office, you can’t miss it.

“And I can’t swear to it, but I think the name ‘Dimick’ is familiar, too.”

Across the street west of the post office, adjacent to an alley.  That’s just what Aunt Verna said.  I walked around the corner and found it, right beside the alley where Roy chased the kids out to play if they were being too loud, and where his customers would lurk for purposes other than a haircut.  Today only an empty store front in a larger building, it had no stories to tell me.

But Verna had already given me the story.  Now I had a picture to go with it.

Up Next:  Less of a Little Shit

The Defrocked Judge – I

Taking Care of Friends

Some judges are born incompetent; some achieve incompetence and some have incompetence thrust upon them.

Despite my quibble that California tends mostly to have Republican governors who tend mostly to appoint their judges from among the ranks of local District Attorney’s offices, Alameda County has historically had a highly qualified judiciary.  In fact, although I haven’t done a scientific study, I believe that Alameda County has sent more judges to the California Supreme Court than any other county in the state.

There was, of course, Judge B, with the mounted moose head on the wall just behind him, who never understood why his courtroom was empty day after day because attorneys refused to appear before him.  And there was Judge C, whose divorce appeal I handled and who led me to comment that “you evidently don’t have to know anything about the law to be a judge.”  And Judge E, who tended to sleep during trials.

And then there was Judge William D. Spruance, who was in a class all his own.

Spruance was the senior partner in a three-attorney San Leandro firm when he decided to stand for election as a judge in 1970.  Elected, he took office in January, 1971, and served for four years before being removed from the bench.  But the last two of those four years he spent fighting charges against him for what the California Supreme Court later termed his “inexcusable and reprehensible conduct.”

(For some reason [I have my suspicions as to why], judges in California tend to retire in mid-term, allowing the governor to appoint their replacement, who then runs as an incumbent when the six-year term expires.  It is rare for a judicial seat to be up for grabs in a general election.  But it does happen.)

Eyebrows were raised before he was even elected.  Spruance was running against another long-time Alameda County attorney and came up with the campaign slogan “Retain Bill Spruance for Judge.”  When challenged as to why he used the word “retain,” which tended to suggest that he was running as an incumbent, he was all innocence.  “Clients ‘retain’ an attorney,” he would explain.  “That’s all I meant.”

Of course I didn’t know any of this when I went to work for him the summer after my first year of law school.  But foolishly, even learning of his background and reading the California Supreme Court’s characterization of him as “petty and vindictive,” I stayed on for four years after law school before finally bailing in disgust.

*

Spruance had a lot of friends and a lot of enemies, although both of those categories were figments of his own imagination.  He really had no friends: he had sycophants, drinking buddies, hangers-on and those who found him valuable for their own purposes.  And he had no real enemies: those who didn’t like him tended not to waste any time worrying about him and those whom he termed “enemies” were mostly those whom he didn’t like.

But once on the bench, he set out to reward his friends and punish his enemies.

Two of his “friends” were attorneys Julio Juarez and Robert Winkler.  I later knew both of them.  Bob Winkler was a fine, intelligent attorney and how he let himself get caught up with Spruance I never really understood.  Julio Juarez was a nice guy but a public menace as an attorney, and who was disbarred much too late in his career.

But Spruance took care of them, appointing them over and over again to represent criminal defendants at public expense, without regard to the niceties of the law.

A criminal defendant has a Constitutional right to an attorney and when he can’t afford an attorney of his own the Public Defender is appointed to represent him.  But for various reasons which aren’t important here, the Public Defender sometimes cannot represent a particular defendant.  In these cases, private attorneys are appointed by the court from a list of approved attorneys provided by the county.  And the private attorneys are paid for by the county.  Judges are supposed to assign private attorneys in some sort of order so that none of them receives any more appointments than any of the others on the panel.

When he was a practicing attorney, Spruance was used to buying friendship by standing for round after round of drinks, picking up the dinner tab and providing free legal services over the objections of his business partners.  He saw his judgeship as just another, bigger, fiefdom.  He gave Winkler and Juarez 44% of his appointments – usually without even checking to see if the defendant was eligible for a court-appointed attorney.

The California Supreme Court, on an appeal from a recommendation of the Commission on Judicial Performance that he be removed from the bench, commented that “We can only conclude that petitioner’s appointments of Messrs. Juarez and Winkler were motivated by his desire to reward his friends and election campaign supporters.”

*

In another case, the nephew of a friend and political supporter was arrested and charged with engaging in a speed contest.  Without the knowledge of the District Attorney or the judge properly assigned to the case, Spruance had the matter transferred to his department.  He then reduced the speed contest charge to illegal parking on condition that the boy perform 40 hours of community service at the San Leandro Boys Club, a favorite charity of his and one on whose board of directors he had previously served.

The Supreme Court concluded that his actions “were motivated by nothing having to do with the merits of the case, but rather by his friendship with [the defendant’s uncle.]”

*

And then there was the case in which the defendant was another long-time friend and the defense attorney not only worked for Bob Winkler but was also dating Spruance’s daughter.  Spruance (and remember: he was a sitting judge) cornered the Deputy DA assigned to the case on several occasions and tried to persuade him to reduce the charge from drunk driving to reckless driving.  When the deputy held firm (good for him, but I’ll bet he didn’t fare too well in Spruance’s court after that), Spruance went to his superior.

The Supreme Court held that he “knew or should have known that he was using the prestige and authority of his judicial office to effect a disposition of a criminal case not before him in any judicial capacity and [here’s that phrase again] for reasons unconnected with the merits of the case.”

*

W.D. never forgot a slight by an enemy.  And if he could punish someone who displeased him while at the same time rewarding a friend, well, so much the better.

When the son of one long-time friend was charged with being under the influence of drugs in public and possession of marijuana, and was defended by another long-time friend, Julio Juarez, Spruance went to work.

Before the court trial (i.e., a trial in front of a judge only, without a jury), the judge suggested that the defendant plead guilty to the under-the-influence charge and that the possession charge be dismissed.  The DA rejected the proposed deal.  During the trial, Spruance brought it up again, was rebuffed again and commented sadly that the DA was forcing him to do something he didn’t want to do.

Evidently what he didn’t want to do, but did, was exclude most of the prosecution’s evidence and then find the defendant “not guilty” on both counts.  The DA appealed and the verdict was reversed.  The defendant then appealed to a higher court which reinstated the original verdict, commenting that a retrial would amount to double jeopardy for the defendant, despite a “gross miscarriage of justice” on the part of the trial court.

Spruance later stated that the defendant, while actually guilty, had been “saved by a technicality.”  The Supreme Court pooh-poohed this excuse, as follows:

Petitioner’s attempt to put a gloss of good faith on the whole incident, by declaring that the defendant “had been saved by a technicality,” was intended to conceal the fact that petitioner’s conduct was motivated by his relationship with the defendant’s father and with the defendant’s counsel, as well as petitioner’s desire to punish the deputy district attorney for his refusal to accept petitioner’s suggestion of a negotiated plea.

But that wasn’t the worst.

Next:  Taking Care of Enemies

The Steply Ugfather — Part 2

The kid loved playing soccer.  The only thing she liked better than socializing with her friends at school was the once-weekly afternoon practice and the game every Saturday.

Still, there were times when she asked to be able to do something else on Saturday mornings such as a visit to the shopping mall or an amusement park with a friend or to have a gaggle of giggly girls sleep over on Friday night.

“Nope.  Sorry kid,” her mother would say.  “You made a commitment.  People are counting on you.  When you make a commitment, you don’t back out just because a better offer comes along.”

So imagine Mom’s surprise when she showed up for a Saturday morning game – on one of Dad’s weekends – to find the kid not there.

Parents asked where she was.  Teammates asked where she was.  Coach and assistant coach asked where she was.  All Mom could do was mutter a lame excuse.  She left before half time when it became obvious that the kid was not just late, but wasn’t coming.

On Sunday evening, when the little one was delivered back home, Mom let her get settled in before commenting, “Hey.  Everybody missed you at the game yesterday,” at which the kid teared up immediately.

She had been primed.

“Dad says if you have a problem you should call him,” she sobbed, already knowing that she was going to be in trouble…in trouble…in trouble.

It turned out it was a “surprise” visit to an amusement park and it served its intended purpose.  It made the poor kid miserable.  And the cause of her misery was — naturally — her mother.

Addendum to Part 1

I can’t believe I forgot the best part of the story.

She had remained fairly close with his parents and his sister; as I said, sleeping on a hand-me-down waterbed and watching a hand-me-down television belonging to his sister. But a two weeks later, when bringing the daughter back from her bi-weekly weekend, he informed her that “My family thinks what you are doing to me is really terrible. They want me to tell you that they never want to see you or have anything to do with you again.”

(It would be some years later before she heard the flip side: he told his family that “She wants me to tell you that she hates all of you and never wants to see you or have anything to do with you again.”

(The story came out when the sister rang her doorbell one evening out of the blue and asked to come in to apologize “for believing all those lies.” It turned into a very interesting conversation.)

About a week after that, she received a note from his sister: “I want all my stuff back. My bed, my television and my chair. We’ll pick them up on Saturday.”

When Saturday came, she had everything ready. The waterbed had been drained and its frame carefully disassembled. The television was waiting on the front porch. The chair was on the front lawn. Understandably, she had taken time to puncture the waterbed in several places and was ready to pour Coca-Cola onto the circuit board of the television before her new boyfriend talked her out of it.

He had a new girlfriend also, to whom he would later be briefly married, and when, many years later, his daughter asked him about the furniture incident and others, he had a ready answer: “It was _________’s fault. She made me do all those things. You know I would never want to do anything to hurt you. You were already unhappy enough at home. Unhappy… unhappy… unhappy.”

And she bought into it every step of the way.

The Steply Ugfather — Part 1

She was a single mother trying to raise a young daughter on dead-end-job wages.  Although he never quite got his degree, he taught a class or two and had a skilled technician’s job at a community college.

She had to use her parents for after-school care and many an evening meal consisted of peanut butter and jelly sandwiches, which she turned into fun so her daughter wouldn’t know how close to the financial edge they were.  He vacationed regularly with his family in Hawaii.

He paid his modest child support regularly and on time.  She was the one who had to take off work for several days to be with her daughter at the Lucille Packard Children’s Hospital at Stanford University, where the girl was diagnosed with Type I diabetes.

He got the bed, the television and all of the living room furniture except a battered sofa.  Her bed, television and the only comfortable living room chair were on loan from his sister.

She knew that he received regular raises and that a new contract had just been negotiated with the community college district.  Since it had been more than a year since child support had been calculated, she sent him a formal Request for Production of Income and Expense Statement, which parents are allowed to send each other once a year so they will know if it is worth while to ask a court to re-evaluate child support.  He exploded.

When he brought the seven-year-old daughter back to her mother on Sunday evening, she was in tears.  “Dad says you’re just after his money because he has a girlfriend,” she sobbed.  “He says he pays you four hundred dollars a month to raise me.”

FOUR HUNDRED DOLLARS A MONTH!!  To a child who measured all money in terms of gummi bears at ten cents each, this was a fortune.  Of course Dad was a martyr and Mom a golddigger.

This was probably not the first time that Dad had deliberately hurt his child in order to make himself look like a hero.  It was merely the first time I was aware of it.

And it wouldn’t be the last time, by far.  Throughout her highschool and even into her college years, he constantly set her up, put her in the middle and deliberately made her unhappy just to prove how wonderful things would be if she only lived with him.

“I know how difficult things are and how unhappy you are at home,” he would remind her constantly, both verbally and in writing, and it became almost an hypnotic mantra: “unhappy… unhappy…unhappy…  But you know you always have me.  I’ll always be here for you.”

Like most fathers, the poor fool never did catch on to what it really costs to raise a child, never understood that the non-custodial parent (be it father or mother) generally gets the better part of the economic bargain, and never admitted to himself the damage he was doing to his own child.

But his plan worked for him and she bought into it every step of the way.

Model City – Chapter 16

Intro to Mil & Steve

Why was I born?
Why am I livin’?

Jerome Kern

.

Every litter has a pup nicknamed “Killer.”  Killer isn’t a bad dog, he’s just a bit of a bully.  He goes his own way, takes what he wants when he wants it, picks on his siblings and doesn’t cuddle well.

I have whelped and raised almost a dozen litters of puppies, including Dalmatians, golden retrievers, Labradors and mutts.  More than once I have spent 48 hours in labor playing doggie obstetrician.  One phenomenon always holds true: puppies leave the womb with their personalities fully formed.

By Day Two you can tell which pup will be the cuddliest, which will be the suck-up, which the complainer, which the loudest, and which one deserves the nickname, “Killer.”

Eight weeks later, when they’re adopted out, their personalities haven’t changed at all.  You can civilize and train them, and teach them to behave in an acceptable manner.  Within limits, you can change how they act, but you can’t change who they are.  “Killer” will always be a willful, loud tough guy.

So in the age-old debate about nature vs. nurture, I come down solidly on the side of nature as the primary shaping force of personality, with nurture running a few lengths behind.

I don’t like this observation.  It runs completely counter to my social and political philosophies.  But there it is.

My observations of human puppies have not changed my “personality-out-of-the-womb” theory. The fussy baby (absent any physical cause) becomes the fussy child and will, generally, become the fussy adult.  Subject, of course, to the nudging influence of nurture.

Sometimes, a large amount of puppy training, or a large amount of study, guidance, self-reflection and practice can so successfully apply a grease-paint gloss over the puppy/person’s true nature that it can actually seem to have developed a different personality.  In reality, it is but another mask.

Some religious sects believe that certain babies are destined, from the moment of birth, to go straight to hell, while others believe that we control our own destinies.  I can go either way: I believe we are born to be what we are, but we can be made better or worse by our nurturing and, in some instances, with a great deal of effort, can almost create our own lives.

Predestination?  That’s me.  Free will?  That’s me, too.

Up Next:  The Fun in Dysfunctional