BRIEFLY Edited by Donald Sevener STANDOFF IN ILLINOIS Prosecutors say militia-style groups are creating their own 'courts' to challenge state authority While there haven't been any armed standoffs with the FBI, prosecutors in Illinois say they are finding more and more activity by Freemen-style groups who claim their own court systems and refuse to recognize state laws. State's Attorney William R. Haine of Madison County has filed misdemeanor criminal charges against more than 50 people he says violated little-known laws against simulating legal process, impersonating a notary public or impersonating a judicial official. Most of them have filed papers invoking "common-law courts" to challenge speeding tickets or to attach liens against others' property. Some of those charged already have pleaded guilty, and Haine has obtained a court order purging all such documents from the recorder of deeds' office and the circuit clerk's files. Haine has invited other prosecutors to call him for a package of information he has put together on how his office in Edwardsville is handling the cases. He already has sent it to Attorney General Jim Ryan and others. Haine can be reached at 618-692-6280. Assistant State's Attorney Michele L. Berkel has been handling the cases and says she has found connections between some of the people and the Freemen who held off the FBI in Montana for 81 days. In Effingham County, State's Attorney Kevin Parker says reams of papers have been filed by people fighting speeding tickets by claiming they are residents of the Republic of Illinois, and that the "foreign country" of the state of Illinois has no jurisdiction over them. Haine says he has heard of similar problems in other counties, including Jersey, Schuyler, Pike and Adams. Haine advises prosecutors to adopt his hard line — criminal charges against people who file what he calls "bogus" pleadings in circuit courts. He says he also has instructed the recorder of deeds and the circuit clerk in Madison County to refuse liens or other documents not issued by state courts. Haine says the common-law groups file liens to intimidate and harass public officials or people they have some personal dispute with. One man filed liens for $3 million each against a bank, its president and its attorney after the bank had foreclosed on the man's farm loan. The liens claimed the bank officials had improperly damaged the man and that the common-law court had issued judgments against the officials. Haine said the liens against the officials' property could have wrecked their credit ratings or impeded the sale of their property. Haine says his office is investigating Dennis Logan of St. Peters, Mo., who has held seminars around Illinois and Missouri to teach others how to apply common-law principles. Haine has charged Logan with misdemeanors; Logan has denied any wrongdoing. State's Attorney Robert Jones of Schuyler County, who has talked to Haine's office, says Logan has been teaching residents there, too. Jones says some people have tried to challenge speeding tickets by asking for a change of venue to their common-law courts, but judges have ruled against them. Jones says one man filed liens for $10 million against him, a judge and the sheriff, but they were thrown out and he has instructed officials not to accept any more. Charles Bosworth Jr.
8 ¦ September 1996 Illinois Issues In Case You Missed It 'A FOLIE A DEUX' Candidates and the voters New [national] problems have arisen, as always, but now the candidates, instead of pondering them and asking what needs to be done to solve them, are likely to read polling data to discover what the people would like to see done. Yet most people probably have not thought deeply about the problems, and their answers are likely to reflect casual wishes instead of serious proposals. When the wishes are granted, they bring unwanted consequences. — Jonathan Schell, The Atlantic Monthly As conventional wisdom would have it, a powerful political and media elite has been leading the public around by the nose for so long that voters have begun to turn away in disgust. Not so fast, writes Jonathan Schell in the August issue of The Atlantic Monthly. Our public life is more complicated than that. And besides, there's more than enough blame to go around. True, citizens have grown increasingly disaffected with politics. But in fact, Schell argues, the political apparatus is geared to reflect the most minute shift in voters' desires. "The candidates," he writes, "have long since learned that the path to power is far smoother if one gives the people what they already believe they want than if one undertakes the arduous business of persuading them to want something else." So what's the problem? Schell, who is covering the presidential campaign for Newsday, believes anger at the political professionals — including candidates, their aides and the media — may simply mask voters' ignorance. But that ignorance, he posits, is rooted in a fundamental cultural change. The old connecting links have been lost — the precinct workers and the union organizers who bound voters one-on-one to a shared political life. Now, depoliticization is as easy as flipping a channel. As a result, the public is neither involved nor well-informed. And what passes for political discourse is little more than a closed loop: a public whose ill-formed opinions are continuously reflected back at them by politicians who "have discovered that the royal road to high station is self-abasement." This leaves voters confused and ambivalent — and hungering for candidates with integrity. While Schell may fault the public for not being engaged, he also argues that voters can't be expected — nor is it their responsibility — to shape the ideas that will solve national and world problems. Rather, it is the responsibility of the political elite to shape the ideas that will draw the public into the national debate. He argues that a whole new framework for political life is needed. Such a framework, which he calls "supply-side" politics, would require more focus on vital ideas and less attention to focus groups. "Above all, it requires that individuals, political parties and public institutions develop the fortitude to hold fast to new convictions, even in the face of initial unpopularity and rejection." Peggy Boyer Long Was that an elk? What, you kidding? In Illinois? You haven't seen elk in these here parts for, oh, the last hundred years or so. But you might sometime soon. The state Department of Natural Resources is asking about 2,000 households in Illinois this fall how they feel about seeing wild elk again in the state's forests. The survey is a first step to a possible reintroduction of the half-ton herbivores into areas where they've not been seen for more than a century. The agency received a $6,000 grant from the Rocky Mountain Elk Foundation for the scientific portion of the project, which includes satellite mapping of the terrain, most likely the Shawnee National Forest in southern Illinois. "Several states either are doing it or have done it, and I think there's a growing interest in restoration. For example, whenever we have had river otter reintroroductions, hundreds of people turn out to share the experience," says Carol Knowles, spokeswoman for the department. In fact, Kentucky released 29 Canadian elk in an enclosed prairie at Land Between the Lakes Recreation Area last winter. A road through the area allows people to view the elk. Biologists estimate that more than 20,000 people have visited the site. But IDNR ecologists remind decision-makers that there are several potential problems to consider in placing large animals where they haven't been for decades: their effect on established plants and animals, the possibility they may roam onto farms and eat crops and vegetable gardens, and their potential for creating road hazards. Beverley Scobell
Photograph by Michael R. Jeffords Illinois Issues September 1996 ¦ 9 UPDATE Amtrak trains continue to roll, but future of passenger service is still up in the air Amtrak passenger trains will keep running through central Illinois, despite huge cost overruns projected by the rail service. However, state officials say the future of the trains could be jeopardized by the quasi-private corporation's rejection of a state plan to slash costs by raising fares and reducing service. Amtrak officials say the cost-cutting measures and extra money provided by the state aren't enough. In January, the rail service estimated that three state-subsidized trains would operate with a $15 million deficit next year. That figure has since jumped to $18 million. "Apparently they have a tough time figuring out their costs," a visibly irked Gov. Jim Edgar said recently. All of the trains were scheduled to stop running until Edgar and lawmakers agreed this spring to raise fares by 10 percent a year, reduce service to six days a week and require local governments to help defray station maintenance costs. The state also is providing $6.5 million in subsidies during the year that began July 1. (See Illinois Issues, February 1996, page 13.) State officials eliminated the Loop train between Chicago and Springfield, but most of the cost-cutting plan has been scrapped because Amtrak refused to comply. Trains still running are the Illini between Chicago and Carbondale, the Illinois Zephyr between Chicago and Quincy and the Statehouse between Chicago and St. Louis. The Hiawatha train between Chicago and Milwaukee will keep running through September. "Until we can find other solutions, we have no choice but to accept Amtrak's terms if rail passenger service in Illinois is going to continue," says state Transportation Secretary Kirk Brown. One option under consideration is seeking contracts with private rail operators to run the trains. Critics say reducing train service will end up slashing ridership because the trains aren't reliable and don't run on schedules convenient for business travelers. John Due, professor emeritus of economics at the University of Illinois at Urbana-Champaign, says better service would boost the number of riders and increase funding to support the trains. He recommends the state reduce fares for tickets that can be used more than once and create incentives for frequent riders. "The use of rail provides a net gain with regard to pollution, energy use and lower accident rates," Due writes in the summer issue of the Illinois Business Review. While the state's Amtrak subsidy has remained steady in recent years, Illinois must pay more to keep the trains running because the federal government is scaling back its support for the passenger rail service. Keeping Amtrak became a top political concern for Republican legislative leaders, even though their GOP counterparts in Congress are slashing the rail service's budget. The state trains run through the districts of several Republican lawmakers targeted by Democrats this fall. Michael Hawthorne UPDATE SPECIAL DELIVERY Moms and babies win protection in new law banning 'drive-through' births Despite initial opposition from insurance and business lobbyists, Illinois now has a law banning what critics called dangerously quick hospital discharges of new mothers. In an attempt to reduce costs, insurers were insisting on ever-shorter hospital stays. The practice, which became known by the negative shorthand "drive-through delivery," is supposed to stop when the new law goes into effect September 15. (See Illinois Issues, May 1996, page 27.) The law establishes a minimum hospital stay of 48 hours for a routine, vaginal delivery, beginning when the baby is born; time in the hospital before the actual delivery is not counted. The minimum stay is 96 hours following a Caesarean section. The minimums may be shortened with physician approval if a mechanism is in place for checking the new-born's health within the first 48 hours. The insurer would presumably cover such examinations, though this is not specifically required. For most Illinoisans, the new law is a statement of public policy, but carries no legal weight. The state law covers only traditional insurance. It does not govern the majority of Illinois residents whose care comes through employer self-insurance plans because federal law pre-empts state regulation of such plans. The political saliency of the issue was shown by the overwhelming votes — 114-2 in the House and 56-0 in the Senate — and was illustrated by the Republican leadership's decision to place one of the party's most vulnerable freshman targets, state Rep. Mike Bost of Murphysboro, as a major co-sponsor. Female Republican legislators took the lead in ensuring the measure would not get buried. The final version was sponsored by state Rep. Kathleen Wojcik, a Schaumburg Republican. Gov. Jim Edgar was not active on the issue, but he held a full-dress news conference for the signing — and he held it in the Chicago media market, which has experienced much more managed care cost-cutting than the rest of the state. Edgar also signed separate legislation that requires insurance providers or managed health care plans, such as health maintenance organizations, to allow women direct access to an obstetrician or gynecologist. Under the new law, women will not first have to get approval or a referral from a primary, or gatekeeper, physician to see an obstetrician or gynecologist. Anthony Man 10 ¦ September 1996 Illinois Issues UPDATE THIS LITTLE PIGGY The continuing debate over raising hogs reflects a shift in the market State officials will spend the next several months fine-tuning Illinois' new law regulating large livestock operations. Gov. Jim Edgar signed the measure last spring, but it could be another year before lawmakers and agency officials agree on a set of rules for implementation. The law was designed to set some environmental and management standards for corporate facilities that raise thousands of animals. While the regulations are aimed at all large commercial livestock operations, the impetus for legislative action was the controversy over so-called "hog factories" that have begun moving into Illinois and other states. Critics argue such facilities threaten the state's air and water quality. Lawmakers held four hearings last summer to give the public another chance to air their concerns. A total of between 500 and 600 people showed up at the sessions in Springfield, Carrollton, Joliet and DeKalb, according to a legislative aide to Rep. Richard Myers of Colchester. Myers sponsored the law, along with Sen. Laura Kent Donahue of Quincy. The public also will get a chance to make comments during the formal rule-making process, according to John Cross of the state's Pollution Control Board. He says the PCB expects to hold those hearings next spring. Meanwhile, officials at the agriculture department are coordinating an interagency committee that includes representatives from the Illinois Environmental Protection Agency, and the departments of Public Health and Natural Resources. That committee will draft the rules and forward them to the PCB. Agriculture spokesman Patrick Hogan says his agency expects to submit the draft by November. Lawmakers will then get the final say through their own committee on rules and regulations. Virtually everyone expects the entire process to be followed closely. Though the debate over the impact on air and water quality has grabbed headlines, at its heart this issue is about the survival of the small-scale family farm, reporter Edward Field told Illinois Issues while he was preparing a report on the controversy for the magazine (see Illinois Issues, April 1996, page 16). "We shouldn't overlook that there's an economic battle going on here," he said. Illinois can't take the industry for granted, Field wrote. The state is the fourth largest producer of hogs — after Iowa, North Carolina and Minnesota — and receipts from hog sales are just over $1 billion each year. Yet our swine herd has been shrinking while other states have continued to gobble up market share. The shift stems from new technologies for raising hogs and structural changes in production. The hog industry has been moving toward larger production facilities run by co-ops or corporations for economy of scale. This has displaced thousands of smaller producers across the country and in Illinois. "In 1985," Field wrote, "there were 19,500 farms that raised hogs in the state. In 1994, there were 11,000." Peggy Boyer Long
Photograph by Judy Spencer Illinois Issues September 1996 ¦ 11 BRIEFLY Action by lawmakers, governor, courts leaves score tied on lax caps The government giveth, and the government taketh away. Just when the legislature passed and the governor signed legislation giving downstate communities the opportunity to cap property taxes, an appeals court says taxpayers can challenge the constitutionality of such caps in the suburbs. State lawmakers approved tax caps for five suburban counties in 1991, limiting increases in property taxes by local governments to 5 percent or the rate of inflation, whichever is less. Opponents of the tax limits filed a lawsuit claiming the restrictions were unconstitutional because they placed collar counties under a different taxation system than the rest of the state. A Cook County circuit judge threw the suit out, saying the plaintiffs would benefit from the law through lower taxes. But the Illinois Appellate Court overturned the decision, allowing tax cap opponents to seek a temporary injunction against the use of caps while pursuing a challenge to their constitutionality. Dan Curry, a spokesman for Illinois Attorney General Jim Ryan, says the state will appeal the ruling to the Illinois Supreme Court. Meanwhile, Gov. Jim Edgar approved legislation allowing county boards to ask voters by referendum if they want tax caps. Opponents say the new law will have no effect on the validity of their lawsuit, since the state did not impose caps on downstate counties as they did on the suburbs. Jennifer Halperin STILL AT RISK Performance standards for students win backing as next gizmo to fix schools It is year 13 since the Nation at Risk report of the Reagan Administration jolted public complacence over the quality of public schools and touched off what has by now become a new American industry: school reform. Apparently much remains undone. Appearing at a news conference recently with Gov. Jim Edgar, Ameritech CEO Dick Notebaert said his company must sift through 25 job applicants to find one who "meets a minimum educational standard." Even then, he added, "we spend hundreds of thousands of dollars on training in our corporation," finishing, presumably, the job the public schools failed to complete. Notebaert was a prop in the press conference Edgar called to throw his weight behind the latest school reform proposal in Illinois: academic standards. Illinois first joined the school reform movement in 1985 with a package of reform measures proposed by former Gov. James R. Thompson. Those reforms placed a new emphasis on "student outcomes" — that is, what students should be expected to know as an outcome of their schooling — which at the time was sort of a revolutionary concept. The academic standards now, almost a dozen years later, are an attempt to make those broad learning goals more specific. But they are only preliminary at this stage. The Illinois Academic Standards Project Team — 200 business, education and civic leaders and parents — wrote the proposed standards with the help of the Illinois State Board of Education; a similar group will have until June 1, 1997, to finalize the effort. The standards will apply in math, language arts, science, social science, physical development and health, and fine arts. State tests measuring student progress then will be revised to reflect the new standards. The endeavor can't reach the classroom too soon — at least according to one recent state study. The Illinois Board of Higher Education (BHE) recently found that more Illinois high school students are taking courses designed to better prepare them for college, but it also concluded that many high school graduates still are ill-equipped either to compete in the work force or to continue their schooling. The BHE was itself a minor force in the school reform movement in 1985 with a proposal, later enacted into law, that set admissions requirements for state universities. The requirements established a core curriculum — minimum credits in math, English and science — expected of students entering college. A survey of public universities in Illinois this year revealed a slow but steady gain in the number of first-time freshmen who had completed the required high school courses. And it appears the stronger emphasis on core academic subjects has paid off, generally speaking, both in higher scores on college entrance tests and in college classrooms. Still, the study also noted that the core curriculum offered no guarantees. For example, surveys of freshmen in 1993 and 1994 found that students who completed the core curriculum were, overall, much more likely to have an A or B in English than those who didn't. But they were only slightly more likely to have satisfactory or above grades in math than counterparts who had not met the high school math requirement. The results led the BHE to conclude that the relationship between the core curriculum and achievement as a college freshman is "not perfect." The report further noted that "individual student motivation and amount of effort expended are also important determinants of student achievement." Donald Sevener 12 ¦ September 1996 Illinois Issues WEB SITE OF THE MONTH Looking to make learning fun? Head for the World Wide Web Television networks recently agreed to broadcast three hours of educational programming per week. While they're waiting for that educational breakthrough to reach their TV screens, youngsters might want to boot up the computer and take a spin on the World Wide Web. There are tons of educational resources available, starting with the education category of Yahoo at http://www.yahoo.com/Education/K__12/Resources/ that will enchant while they teach. Here are a couple of sites that are bound to become favorites for students (and their parents and teachers) because they are both edifying and fun. The Educational Launch Pad at http://serv2.fwi.com/~woliver/Educational_LAUNCH_PAD.html has a variety of interesting and enjoyable links, from a connection to the folks at Disney to links with fascinating museums (Smithsonian, Field Museum of Natural History) and helpful resources (online dictionary, thesaurus and the "Virtual World Map"). Kids Web, a WWW Digital Library for Schoolkids, at http://www.npac.syr.edu/textbook/kidsweb/ breaks down its site into about all the subjects you'd find in a course catalog, and then offers multiple links for all interests and age groups. The literature catagory, for instance, includes a comprehensive guide to children's literature for kids, parents and teachers; a collection of online children's classics; information on authors of children's books, such as Dr. Seuss, plus the characters and places of children's books, such as Winnie the Pooh and the land of Oz; a list of electronic magazines that provide stories by children; pointers to writing workshops for young writers; poetry collections; Shakespeare's complete works; and BookWeb, news and information about books, bookstores, authors and such. There is so much available at these and other sites, youngsters won't have much time left for all those hours of educational programming promised by TV networks. Donald Sevener POWERFUL TOURIST Daniels' visit to Chicago exhibit gives new life to downstate Lincoln Center The Chicago Historical Society's exhibit "The Last Best Hope of Earth: Abraham Lincoln and the Promise of America" may have become the last best hope for the construction of a new Lincoln Center in the former president's hometown. The Illinois Historic Preservation Agency has been contemplating a plan for a center that would house original documents, speeches, material pieces and manuscripts of Lincoln from the Illinois State Historical Library, but technical and financial problems have delayed the proposal. In 1991, U.S. Rep. Richard Durbin, a Springfield Democrat, proposed that Illinois donate land to the project, while the National Park Service would provide construction of the center. The chosen site was to be in Springfield near the Governor's Mansion. Although the plan won broad backing, Congress failed to appropriate funds to make the project a reality. But the idea got new life after Illinois House Speaker Lee Daniels visited the Chicago Historical Society's exhibition last spring. At Daniels' urging, the legislature appropriated $2.3 million for the planning and development of the Lincoln site, contingent on the Illinois Historic Preservation Agency's finding matching funds from private and corporate donors. Brian Lee Photograph courtesy of the Illinois State Historical Library
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