By AL MANNING

Jim Edgar and Ty Fahner: two Thompson stalwarts

Secretary of State Jim Edgar and Attorney General Tyrone Fahner, two Thompson appointees, have been dubbed members of the governor's "Gang of Four. " In 1982, they will seek election on their own merits. Who are these men and what have they done for Illinois?

THE TWO men appointed to state office by Gov. James R. Thompson resemble the governor in both appearance and style. Secretary of State Jim Edgar and Attorney General Tyrone Fahner are both young, handsome and articulate, and they are duplicating Thompson's record of integrity and efficiency in their respective offices. They are so closely associated with the governor, however, that the relationship may turn into a political liability when they seek election to a full term of office in 1982. Democrats have labeled Thompson, Edgar, Fahner and Republican House Speaker George Ryan as the "Gang of Four," and political dependence on the governor has emerged as the initial charge against the two appointees.

To be fair, however, the focus should perhaps be less on the political and personal relationships between Edgar, Fahner and Thompson, and more on the actual performances of the new secretary of state and attorney general. The question of who they know should take a back seat to the more important questions of what they know and whether they are good for Illinois government.

Of the pair, Edgar has the more extensive background in state government. He started at the Capitol as a student intern in 1968, and rose through the ranks of the General Assembly and staff until Thompson rewarded him with the secretary of state's office. He is the type of politician who appeals to the Moral Majority — a cleancut, 34-year-old churchgoer who doesn't smoke, drink or curse. He has a devoted wife, Brenda, and two children. At the very least he projects a different image from the previous holders of the office — Alan Dixon, Michael Hewlett, John Lewis, Paul Powell — all political veterans who could wheel and deal with the best of them.

Edgar was raised in Charleston, a town of 20,000 in east central Illinois not noted for its political involvement. But young Jim Edgar knew by the sixth grade he wanted to be a politician. After graduating from Eastern Illinois University, where he served as student body president, he had the choice of attending law school or accepting a legislative internship sponsored by the University of Illinois, Illinois Legislative Council and the Ford Foundation. Without hesitation, he decided in favor of the legislature, and the late W. Russell Arrington, president pro tem of the state Senate, became his political mentor.

After five years as a staff assistant in the General Assembly, Edgar decided to seek office on his own. It proved to be an unpopular and humiliating decision. In his 1974 race for the Republican nomination for state representative, Edgar was pitted against two other strong candidates — one an incumbent and the other favored by the Coles County Republican Central Committee. Edgar lost decisively.

The dejected candidate accepted a position in Denver, Colorado with the National Conference of State Legislatures, but his political fortunes soon changed. He was in Illinois when an opening occurred in the House of Representatives, and he quickly rounded up the support needed to win the election in 1976. As a young legislator, he was rarely in the forefront on major issues, but he did receive attention on two educational matters. In one case he cosponsored legislation to allow school districts to switch to a local income tax to finance education, and in the other he suggested restructuring of the state university governing boards. Although the legislature did not approve either bill, his attention to important issues such as these established his credentials as a serious-minded lawmaker.

Thompson was impressed with Edgar's ability and finally prevailed upon him in March of 1979 to resign his seat and to join his staff as director of legislative relations. In the recruiting sessions, the two discussed Edgar's ambition

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to someday hold state office. The scenario which led to Edgar's appointment began the day Adlai Stevenson III announced he would not seek reelection to the U.S. Senate. When Secretary of State Alan Dixon said he would be a candidate for the office, there was immediate speculation about whom Thompson might appoint to complete Dixon's half-finished term. Two 1980 election results complicated the governor's decision on a replacement. Most of the speculation in GOP circles had focused on Rep. Ryan as the most likely appointee. But the Republicans unexpectedly gained control of the House — giving Ryan the opportunity to become speaker — and a constitutional amendment was approved reducing the size of the House. The latter promised to cause any speaker immense political problems because of the reapportionment quagmire which was sure to develop. The official line from the governor was that he offered the

'we're not going to tolerate dishonesty in the Secretary of State's office . . . [but] I won't say all illegal activity is removed'

secretary of state's office to Ryan, but that Ryan declined because he wanted to be speaker. Most political observers think Thompson dissuaded Ryan from taking the office so he could give it to his first choice, Jim Edgar.

'Unquestioned' integrity

"His service in the General Assembly and in working with the legislators as one of my staff have given him a wide view of state service and state problems which will serve the people of Illinois well," the governor said in announcing Edgar's appointment on November 25, 1980. "Jim Edgar's integrity is unquestioned. Throughout his public career, his actions and his work have been in the best tradition of public service. I believe he is ideally suited to handle the pressures and responsibilities he will be assuming as secretary of state."

When Edgar took the oath of office on January 5, 1981, he said, "A promise I make to each and every citizen of Illinois today is this: To do everything I can to ensure . . . that service in this office will be efficient, effective and fair. That is the standard by which I expect to be judged and the standard by which I will judge those who work for this office. As important as ethics are, they cannot alone bring about effective and efficient government. From the smallest local office to the largest statewide agency, public officials must also instill in those they employ a strong and continuing sense of committment to public service."

Edgar appointed his aide, Joan Schilf, as the assistant secretary of state, and he brought four others with him from his staff in the governor's office. He named Wayne Andersen as deputy secretary of state in Chicago, and appointed Ed Gilbreth, a former newspaper columnist, and Lou Kasper, chairman of the Chicago GOP organization, to key political positions.

The secretary of state immediately learned of some of the problems he had inherited. "On my second day in office I became aware of a major scandal in my Chicago office," Edgar said on public television's Illinois Press. "Several dozen people were involved in kickbacks involving driver's licenses. We moved as quickly as we could. We had to have evidence. By taking quick action, we've sent a message that we're not going to tolerate dishonesty any longer in the secretary of state's office, and we will move as quickly, as forcefully as we can when we uncover that. I won't say that all illegal activities are removed. I don't think those things change overnight. But I do think we're on the right road to clearing up those things."

Edgar also inherited an office full of Democratic activists from previous administrations, including 20 county chairmen. One of those, Earl Smock of Hoopeston, the chairman of the Vermilion County Democratic Central Committee, was accused of doing political work on state time, and was dismissed.

"My philosophy is very clear and simple," Edgar said on Illinois Press. "I think everyone should have the opportunity to be involved in any matter they feel. They should not campaign on office time, nor should they be forced to contribute or do other activity they don't want to. But we should not put up any bars in front of anyone who wants to be involved in the political process. The problem in this country is that we don't have enough people involved in the political process. We have the two-party system which has a lot of problems. I think it would be a mistake to start telling people they can't be involved. But I made it clear nobody should be pressured to be involved."

Given that statement, it was ironic that when Calvin Sutker of Skokie announced for the Democratic nomination for secretary of state, he alleged that Edgar was pressuring employees to contribute to his campaign. But those charges have caused scant political damage.

Edgar moved quickly to establish a positive image in the office when he chose as an issue increased emphasis on traffic safety, a matter of long-standing

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importance to him. When Jim was seven years old, his father was killed in a head-on crash on Route 54 near Park Forest. The driver of the other vehicle, a semi-trailer truck, previously had lost his license. So when the secretary of state talks about traffic safety, he does so with a greater sensitivity to the need for caution than most people have.

"I have placed more emphasis on traffic safety," he said, "because it is

What happens if Bill Scott wins his appeal? FORMER Atty. Gen. William J. Scott was still waiting August 10 for the 7th U.S. Circuit Court of Appeals to rule on his appeal of his March 19, 1980 conviction in the U.S. District Court of Chicago on one count of understating his income tax. Scott's appeal was heard by a three-judge panel February 20, and many expect the ruling to be handed down before Labor Day, when the appeals court begins its new session. The 1970 Constitution provides that "a person convicted of a felony . . . shall be ineligible to hold an office created by this Constitution." Thus upon his conviction, Scott was disqualified as attorney general, and on July 29, 1980, he resigned his office while awaiting his August 4, 1980 sentencing by the U.S. District Court to a year and a day in federal prison. But the Constitution also provides that the attorney general, as an elected officer, will be reinstated when he "qualifies." Reversal of the district court conviction would not make Scott's reinstatement immediate, however. If the appeals court rules to reverse and remand the district court's decision, the case could go to trial again at the discretion of the U.S. prosecutor. If the prosecutor decides not to re-try the case, the charges against Scott would be dismissed. Another possibility is that the appeals court reverse the decision of the district court and issue an order of acquittal. But there is generally a time lag between the appeals court ruling and the filing of its order with the district court. No rules specify when the order should be filled, and it commonly takes three or four months. Thus an announcement of Scott's acquittal would signal his reinstatement but would not necessarily mean immediate resumption of office. Scott could also lose his appeal. In any case, Scott can be reinstated — if he "qualifies" — up until January 1983, which is the end of the term to which he was elected attorney general in 1978. Margaret S. Knoepfle

important to have someone at the state level who champions traffic safety. It is not always the glamorous headline, as some other things are, but it is important to all people."

Stopping drunk drivers

"The drunk driver law I think is the most important thing we can do this session of the General Assembly. We have approximately 2,000 people killed on Illinois roads. Over half are killed because somebody was driving under the influence of alcohol. 95,000 people are injured because of alcohol-related incidents. So it's a serious problem. It's something long overdue as far as the General Assembly addressing the problem."

The bill abolishes the 90-minute waiting period before suspected drunks take a breathalyzer test and removes the second test. It also doubles the penalty for drivers who refuse to take the breath test, automatically suspending their licenses for six months, and allows prosecutors to use the driver's refusal to take the test as evidence in court. The legislature passed the bill and the governor pledged to sign it.

Since Edgar had worked for Thompson, the early political theorizing was that the secretary of state would have difficulty establishing a separate identity. But he has been rather successful at defusing the issue of political independence.

"Nobody expected the governor to name an enemy or a Democrat to the post," he said. "Campaign rhetoric, that's all it amounts to. Very seldom do we even see each other. The other night was one of the few chances we've even had to talk. The offices are seldom in conflict. Dixon and Thompson seldom disagreed; they are good friends. There is a lot more made of this, about me being tied to the governor, than there really is."

By contrast, Atty. Gen. Tyrone Fanner has suffered politically by his inability to develop an independent image. His ties to government and politics have been almost exclusively through Thompson, and he has had little contact with regular organization Republicans over the years.

Fahner's principal experience with Illinois government was gained as a prosecutor in the U.S. Attorney's Office headed by Thompson. He joined the original Thompson administration in 1977 as director of the Department of Law Enforcement, but he had returned to the private practice of law by the time Thompson tapped him to be attorney general in the summer of 1980. The 38-year-old lawyer is a member of Thompson's inner clique, a trusted group comfortable in the Loop's top law firms and the near north side's fashionable spas.

Bernard Carey, former Cook County state's attorney, lashed at Fahner in April and said he might challenge him in the Republican primary. "He can never be more than a 'yes' man," Carey said. "If the framers of the state constitution would have wanted the attorney general appointed by the governor, they would not have made it an elective office. I want to make it clear that the governor did act properly in making the constitutional appointment, but Farhner is now in an untenable position. He owes his allegiance to the governor. He can't say to the governor he's legally wrong. In the state Senate battle which went to the Supreme Court, I would have told the governor the law was not on his side and to work something out."

Democrats Dan Pierce, a state representative from Highland Park, and Martin Oberman, a member of the Chicago City Council, used the same theme when they announced their candidacies for the office. "The present attorney general, appointed by the governor, has little independence of thought and action," Pierce said. "He's not the people's attorney, but the governor's attorney only."

Fahner's difficulties

Fahner acknowledged he was having some political difficulties during a June interview with the Chicago Tribune. "Smart money says I'm going to get a primary challenge next year," he said. "I'm looking forward to next year. I expect a challenge and, frankly, I wouldn't want an easy race." He added: "I was a little naive about dealing with county chairmen and Republican committeemen. I thought I was doing all right, but I wasn't. I didn't know that every time you went through a town or county, someone was hoping you would call. Now, I do."

The interview, though, gave his critics further ammunition. A candid

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Fahner said, "I've always run interference for Jim Thompson." And hardly helped his cause by claiming as a Republican credential the fact that he used to sweep the driveway of George Romney, the former GOP governor of Michigan.

Fahner is a native of Detroit and a graduate of the University of Michigan in 1965. In 1968 he received his law degree from Wayne State University, and was teaching there when he first talked to Thompson. He had applied to Northwestern University where Thompson was teaching in the master of laws program, but by the time Fahner arrived in Illinois Thompson had moved over to the U.S. attorney's office. Fahner received his L.L.M. from Northwestern in 1971, then followed Thompson's footsteps to the prosecutor's office.

During that time he served as chief of the official corruption section and chief of consumer fraud and civil rights. His most celebrated case was the conviction of a powerful Chicago alderman, Thomas Keane.

When Thompson left the federal government to campaign for governor, Fahner went into private practice and became a partner in the firm of Freeman, Rothe, Freeman and Salzman. The new governor recruited him early in 1977, though, and Fahner joined the administration as director of law enforcement. In that capacity, one of his major duties was to investigate allegations of impropriety related to the so-called Thompson Proposition. As part of his reelection campaign, the governor hastily organized a petition drive for an advisory referendum, and over-eager Republican partisans forged hundreds of signatures on petitions. Although a dozen people were convicted in connection with the scheme, Thompson's reputation remained intact. Fahner returned to private practice, this time as a partner in the firm of Mayer, Brown and Platt.

Fahner kept his fingers in government as a member of the Illinois Racing Board, but he clearly enjoyed the financial rewards of a $100,000-a-year lawyer in private practice. He and his wife, Anne, and their three small children were settled comfortably in suburban Evanston when Attorney General William Scott was convicted of filing a false income tax return. The constitution required Thompson to appoint a new attorney general.

When Thompson announced Fahner's selection on July 29, 1980, the governor said he had searched for someone with unquestioned integrity and legal ability; someone with ability and "guts"; someone who would forsake an easier life for politics and public life; and someone he and the 11 million people of Illinois could trust. "The one order I gave him as director of law enforcement," Thompson said at the swearing-in, "was to keep government clean. Sometimes he stepped on toes. But he kept the faith with me and with the people of the state. After all the twisting and turning in my own mind and winnowing down of the candidates, after it all came down to a decision, I'm convinced I've selected the best person."

Fahner said: "I've been very lucky in both my professional and personal life. I've been blessed with a rare opportunity. I hope I do well. My only regret is that the opportunity comes at the expense and tragedy of another human being. Bill Scott has been a fine and distinguished attorney general." Fahner, aware that Scott could be returned to office if his conviction is reversed by the appellate court, has not significantly changed the policies of the office established by Scott.

Circle of top aides

Although he retained Scott's staff, Fahner slowly formed his own inner circle of top aides. For his deputy in Springfield, the attorney general chose William Ghesquire, the respected counsel for the Illinois Department of Transportation. He recruited a Los Angeles lawyer, Dan Harris, as a key advisor in Chicago. W. Paul Zemitzsch, a reporter for the St. Louis Globe-Democrat, was hired for public relations and planning chores, and Brad Holden of

Fahner followed Scott in revising the open meetings law and in closing down Wilsonville. On his own, he intervened on behalf of consumers to fight utility rate hikes

Container Corporation signed on as the chief legislative liaison.

One of his first major acts as attorney general was to release a legal opinion requested of his predecessor which involved the state's Open Meetings Act. Fahner said the law did not require elected officials to notify the public when they hold a closed meeting. Although the opinion was not favorable to reporters, Fahner quickly sought the favor of the press by speaking in favor of legislation to correct what he considered legal defaults in the law. The attorney general proposed that officials must: vote to hold a closed meeting while they are in session in an open meeting; notify the public of the closed meeting; and keep minutes of closed meetings. In addition, he attempted to close a loophole by defining what constitutes a meeting. "I don't think there is anything more important to any one of us than open government," he told the Illinois News Broadcasters Association. "But we shouldn't, in our zeal, cripple the actions of government." The attorney general, working with press organizations in the state, successfully lobbied the General Assembly for a stronger law and the governor signed it.

Fahner also continued Scott's environmental work. Traveling to Wilsonville, the site of a landfill the state was attempting to close, he said: "I don't intend to back off one iota on the position the attorney general's office has taken. I will use every legal and proper remedy in my power to win the battle." The state Supreme Court eventually did rule in favor of Fahner's office. Perhaps the most significant policy decision made by the attorney general is his strategy to play an active role on

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behalf of consumers against the big utility companies. In Illinois, the responsibility of regulating the utilities is assigned to the Illinois Commerce Commission, a five-member board appointed by the governor. But Fanner filed petitions to intervene against Commonwealth Edison and other major utilities when large rate increases were granted. In addition, he has sought to move the Illinois Offices of Consumer Services, a federally funded operation under the jurisdiction of the governor, to his office. He requested a $318,000 appropriation from the legislature to finance this new role for the attorney, and he finally settled for $200,000.

The appointees & Thompson

But not all of Fahner's efforts with the legislature have been successful. Like his predecessor, Fahner stumped for a statewide grand jury bill, a piece of legislation designed to increase the state's power in combating consumer fraud, hazardous waste dumping and narcotics sales. Democrats in the House of Representatives balked, and Fahner's bill was defeated. He compounded the defeat by then requesting the help of Gov. Thompson in lobbying for the bill a second time. That didn't help get the legislation passed — and it reinforced the image that Fahner is too closely aligned with the governor.

As a practical political matter, the election chances of Fahner and Edgar will depend substantially on the popularity of the governor. If Thompson remains anywhere near as popular in his third quest for office as he was in his first two, Fahner and Edgar stand to benefit. If disaster strikes Thompson, the attorney general and secretary will be affected, too.

Their friendship with the governor, though, will be only one of the determinants in the next election. Thompson may be proud of his two appointees and satisfied in their handling of the important offices, but the voters ultimately will decide whether they are doing a good enough job to be retained in state office.

Al Manning is a political columnist for The State Journal-Register, Springfield.

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