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Lettergate: Tulsa Mayor Terry Youngs Forgery Scandal

7/21/2021

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  When a high official gets involved in wrongdoing, it’s usually the cover up that gets him in big trouble.

 The Democrats were ‘circling the wagons’ when Finis Smith was convicted. They knew it could lead to election losses. When several Democrats wrote to the judge in the Finis Smith trial, they begged for leniency for Smith. That revelation jeopardized several Democrat elected officials.
  Well, evidently some operatives thought it would be good strategy to make the Republicans look like their prosecutions were politically motivated. So another Republican federal prosecutor was targeted for a Democrat dirty trick. A letter was forged with the signature of Federal Prosecutor, Layn Phillips. The Federal investigation traced the source of the letter to a typewriter in Democrat mayor Terry Young’s office. Everyone denied involvement and nothing was ever proven.


 Tulsa World said;
One of the biggest stories of 1986 was the so-called “Lettergate” scandal, which toppled Mayor Young’s administration. After various public officials, including Young, wrote letters urging leniency for the Smiths, two subsequent letters with then-U.S. Attorney Layn Phillips’ named forged on them surfaced. The forgeries suggested Phillips would release names of Democratic officials who had written leniency letters in an effort to damage them politically.
  The forgeries were linked to a typewriter and letter found in Young’s office. Young and his staff denied any involvement, and a federal grand jury and special prosecutor left the case unresolved. But the incident no doubt led to the defeat of Young by political newcomer Tom Quinn in a March primary. 

Water & Sewer Commissioner, Patty Eaten, then filed for mayor as an Independent and the left was officially split. 17 other independants also ran.  Political novice Dick Crawford was elected mayor in the general election, beating out 19 other candidates.
The Daily Oklahoman said:
TULSA Republican Dick Crawford won Tulsa’s mayoral election Tuesday night, defeating independent candidate Patty Eaton and 18 other challengers.
With 180 of 188 precincts reporting, Crawford had 44,434 votes to Eaton’s 32,986, in unofficial results. Crawford will take the mayor’s oath May 6, replacing incumbent Terry Young.
Democratic nominee Tom Quinn received 10,589 votes. The 17 other candidates running for mayor polled about 4.5 percent of the vote.
Eaton conceded defeat as she addressed supporters at the Westin Hotel here. She said she had known from the start it was “risky business” to abandon her race for re-election as water and sewer commissioner to run for mayor.
“We had a lot of things going for us, but then we also had a lot of things going against us,” Eaton said.

Years later, the Tulsa World wrote a decent summary…

The letter that changed an election

Somewhere in this city some sentimental fool has kept a T-shirt, now 16 years old, with “I Ran for Mayor of Tulsa” printed on the front.
If you can find it in the bowels of your closet you hold a souvenir from perhaps the wackiest city election season in Tulsa history.
The general election of 1986 – an event held, quite aptly, on April Fools’ Day – was a testament to gonzo political pundit Hunter S. Thompson’s axiom: “When the going gets tough, the weird turn pro.”
Generally it is wise to let bygone elections be bygones and if ever there was a political season that deserved eighty-sixing in the memory it probably is the political season of ‘86. But with the 2002 city primary and general elections approaching, it’s worth revisiting a moment in city history when voters were especially tuned into city elections.
It took the Tulsa County Election Board 88 hours to print a two-sided ballot for the general election that featured 20 candidates for mayor and 27 more candidates for five other city offices.
This year we will have a smaller pool of candidates upon whose messages we can focus. Sixteen years ago voters had trouble understanding messages because too many candidates were shouting them. Candidates of almost every age and from every walk of life had descended on the ballot like a swarm of locusts.
That year re-election for first-term Mayor Terry Young, a Democrat, had appeared to be a cakewalk. Then came “Lettergate,” a bizarre scandal-ette that erupted a month before the primary. A mysterious letter, later proved to be forged, was given to the Tulsa Tribune by a Young political consultant.
The letter implied that then-U.S. Attorney Layn R. Phillips had played politics several weeks earlier when he released names of prominent Democrats who’d written letters to a federal judge urging leniency for ex-state Sen. Finis Smith and his wife, Doris. The Smiths had been convicted on several federal charges and were awaiting sentencing.
When the story broke, Phillips asked the FBI to investigate. The letter, carrying Phillips’ forged signature, was traced to a typewriter in Young’s offices. Young said he knew nothing about the origin of the letter. A federal grand jury investigated.
While no charges were ever filed, the leniency letter and the letterhead scandal cost Young the election. He lost the Democratic primary by 1,479 votes to political unknown Tom Quinn, owner of a sign company, who acknowledged that the primary was the first time he had ever voted in a city election. The Republican nomination went to another political novice, Dick Crawford.
At the time, the City Charter allowed Independent candidates to file up to 10 days before the general election. Eighteen Independents seized the opportunity to run for mayor and 18 Independents jumped into other city races.
Shortly before the election, then-Election Board Secretary Harmon Moore paused in his hand-wringing to observe: “We will conduct the election April 1. At this point I don’t know how, but it will go on one way or the other.”
Moore didn’t sound at all convincing. He earlier had lamented that he did not know whether to expect 25,000 voters because of apathy and disgust over the political circus, or 150,000 voters because of high interest. (Voter turnout hit a record for a city election at 97,901).
On Election Day, voters were presented with a bewildering array of 47 candidates on the ballot. Included were two Kings, two Quinns, six high school seniors, “a Tom, a Dick but no Harry,” (as noted in a Washington Post story about the fluky election) and a retiree calling himself the Candyman, who gave out sweets to anyone nice to him.
A candidate nicknamed “Night Train,” also campaigned but never got to fulfill his promise of “restoring good, moral Christian ethics to City Hall.”
Some candidates were serious contenders; others, obviously, were jokes waiting to be elected. A few entered races because Democratic and Republican nominees for office were perceived to be political flukes who were ill-prepared to run a large city with complex problems. The front-runner among the mayoral Independents was three-time Water and Sewer Commissioner Patty Eaton, a Democrat.
After the primary, Eaton abandoned her bid for a fourth term to that post, and threw her hat into the mayor’s race. She lost the hat and the election by 12,265 votes to Crawford. Quinn ran a distant third. The six high school students received several thousand votes in a turnout that was so large many voters had to cast their ballots while standing on sidewalks outside the polls.
On Election Day, a clown in big shoes waddled the streets of downtown Tulsa wearing a placard that touted a candidate. Overhead, a plane swooped through the skies trailing another candidate’s message. A car equipped with a public address system blared still more recommendations. A local radio personality attracted the attention of the New York Times by urging voters to elect him as a write-in candidate. And T-shirts were hawked, emblazoned with the message: “I Ran for Mayor.”

Read the full story at the Tulsa World: http://www.tulsaworld.com/archives/how-bad-it-was/article_39df5cec-db61-5fff-b210-19f79aa13463.html 
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Senate Pro Temp Finis Smith & His Wife Go to Prison For Tax Fraud

7/20/2021

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 Senate President, Finis Smith, of West Tulsa, was caught with an unreported foreign bank account which he’s not reported on his taxes. He and his wife both were sentenced to prison. They owned a Tag Agency. He was disbarred from his law practice.

  The Tulsa World said;
1985
Former Oklahoma Senate  president pro-tem Finis Smith, along with his wife Doris,  were convicted by a federal court jury here on felony counts  of mail and tax fraud, conspiracy and failure to disclose foreign bank accounts. Finis and Doris Smith, each got six years, and were sent to a federal prison in Texas.
The Daily Oklahoman put it this way..
A federal jury Thursday afternoon found former state Sen. Finis Smith and his wife, former Tulsa County automobile tag agent Doris Smith, guilty of 18 counts each of mail fraud, tax fraud, tax evasion and conspiracy.
The jury deliberated slightly less than eight hours, announcing at 12:35 p.m. that it had reached a verdict. The Smiths gazed stoically ahead as Presiding U.S. District Judge H. Dale Cook’s clerk read the verdict on each count. As the verdict was announced, defense attorney Carl Hughes lowered his head to his arms on the table in front of him.
The jury found the Smiths guilty of conspiring to put three family members and a longtime friend in charge of four Tulsa County tag agencies after Doris Smith resigned in 1977 as county tag agent. The Smiths siphoned $68,000 from the four agencies in 1978 through office equipment lease-purchases with the four agents. The jury found that the Smiths illegally waited until filing their 1981 tax returns to report the income.
The jury found that the Smiths sent $50,000 of the lease-purchase proceeds to a bank in Tampico, Mexico, where they opened a series of savings and investment accounts. The couple conspired to hide the accounts’ existence from the federal government, the jury ruled, and willfully failed to disclose their ownership of the accounts on their 1978 through 1982 tax returns. The Smiths claimed that the money belonged to a Mexican friend, even though the accounts were in their names.
The Smiths were found guilty of buying two obsolete check-proofing machines for $100, then donating them to the Tulsa County Area Vocational-Technical School and fraudulently claiming the machines were worth $34,000 on their 1979 tax returns.
The jury also found the Smiths guilty of mailing letters to the county assessor’s office, falsely claiming that Doris Smith’s Dorokee Co. had no taxable assets.
A Tulsa park had been named after Finis Smith.
It was promptly renamed The Challenger Seven park (after
the astronauts killed in a shuttle disaster around that time).
The Smiths served less than 1 year of their 6 year federal sentence.
 Finis Smith and his wife, former Tulsa tag agent Doris Smith, were released as scheduled Monday from the Federal Correctional Institute in Fort Worth, prison officials said.  The Smiths were convicted in November 1985 of mail fraud, tax evasion and failure to report a foreign bank account. They were sentenced to six years in prison.
Last March, U.S. District Judge H. Dale Cook granted the Smiths an indeterminate sentence. The U.S. Parole Commission announced in October that the Smiths would be paroled March 30.  Tulsa U.S. Attorney Layn Phillips agreed not to oppose the granting of an indeterminate sentence if the couple would promise not to appeal the conviction.
Federal court records show the Smiths paid more than $90,000 in fines and court costs in March 1986.
 In 1992, Finis Smith applied to be reinstated to the bar.
The couple could have faced up to 73 years in prison and $2.7 million in fines. After Smith’s conviction, the state Supreme Court suspended Smith from practicing law for five years, effective March 1986.
His attorney, state Sen. Gene Stipe, D-McAlester, filed the petition for reinstatement. Smith, 65, told the court he now lives in a trailer in Tulsa. He and his wife’s income has gone from $200,000 to nothing, he said. 
“My abode was and is a travel trailer presently located

in Tulsa,” 
Smith said in the affidavit attached to the petition. The statement said he has been a legal resident of Tulsa County for six years, although he has traveled to Texas, Arizona and Washington.
Finis Smith died in 2005. Doris died in 2013. 
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Republican Federal Prosecutors Send Scores of Democrat County Commissioners To Prison

7/19/2021

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Bill Price prosecuted most of the County Commissioners. But Future Republican Governor, Frank Keating along with his law partner, Gary Richardson, led a diligent effort to clean up the massive kickback scandal in the bidding process for county road & capital improvement contracting bids.   When Republican President, Ronald Reagan started appointing conservative federal prosecutors and judges, The Democrats who ran Oklahoma began to sweat. Eventually, the IRS notified the Justice Department about fake billing invoices to county commissioners. Bill Price was one such federal prosecutor. After he sent scores of county commissioners to jail, he ran for governor. Sadly he lost, due to more corruption in David Walter’s campaign funding.

   Harry Holloway, of the Oklahoma Historical Society said;

 In 1980 a huge scandal erupted stemming from the conviction of some 220 county commissioners and suppliers. Their convictions rose from involvement in a scheme of kickbacks paid on orders for county road-building supplies such as timber and gravel. The scandal reached all across the state in roughly sixty counties large and small, urban and rural. It had been going on for as long as anyone could remember. Again, federal officials rooted out the corruption.

The Tulsa World said;

1981  Undoubtedly the year’s biggest story also was a big one nationally: The far-reaching county commissioner scandal, essentially a kickback scheme among suppliers and commissioners, began to unfold. It was described as the largest case of public corruption in the nation. All but a handful of the state’s 77 counties were involved. Commissioners resigned in 69 counties; 13 counties lost all their commissioners in the wake of the scandal, unearthed by federal investigators.  Over the next year, 240 commissioners, former commissioners and material suppliers would be implicated before the scandal drew to a close.
  Old-time politics in the Southern tradition reared its head in Oklahoma big time when dozens of “good ol’ boy” county commissioners were convicted of taking kickbacks. The scandal played out in the early 1980s, serving as a textbook example for political scientists of what power and money can do to common folks elected to public office where they have access to taxpayers’ money. “The funny thing is that the corruption was generally accepted,” Gaddie said. It was common practice that commissioners received a 10 percent kickback from key vendors, but when the ante was upped to 15 percent or more, it was discovered. 
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Speaker Dan Draper Convicted Of Election Fraud In 1983

7/18/2021

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  The Oklahoma Speaker, Dan Draper, was convicted in 1983 for election tampering. He was trying to help his father win a seat in the Oklahoma legislature.

  The Tulsa World reported;
1983
  Then-House Speaker Dan Draper’s troubles began in 1983.  He and House Majority Floor Leader Joe Fitzgibbon initially  were convicted of mail fraud and conspiracy charges for  allegedly fixing absentee ballots to help Draper’s father  in an unsuccessful race for a House seat. Draper and Fitzgibbon  later won new trials (in 1985), but a federal judge dismissed  the charges at the behest of U.S. Attorney Roger Hilfiger.  Muskogee Democrat Jim Barker became the new speaker thanks  to Draper’s troubles.

Draper was further convicted in 1984. the Tulsa World said;
  Dan Draper ended up in more trouble. He was arrested in February when a police officer found him slumped over the wheel of his car. He pleaded no contest to actual physical control while intoxicated, a charge later amended to a lesser offense after a year of probation. 
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John Rogers & Son Leave High Offices In Disgrace

7/17/2021

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  John Rogers was elected examiner and inspector in 1958 and won re-election four times until his defeat by Tom Daxon in 1978, the year the job was changed to that of auditor and inspector.

  He had narrowly been re-elected four years earlier after a legislative committee and a federal grand jury received evidence that his employees had received raises based on their campaign contributions for Gov. David Hall during Hall’s successful 1970 campaign.

  Rogers and his son, then-Secretary of State John Rogers Jr., were called before the grand jury investigating Gov. Hall just weeks before the 1974 election. Both refused to answer questions and invoked their Fifth Amendment right against self-incrimination.

  The allegations produced no charges against Rogers or his son.

  Nonetheless, they set off a chain of events which ultimately led to Hall’s conviction on bribery and extortion charges and the resignation of John Rogers Jr. under threat of impeachment.

  In 1977, the Office of Revenue Sharing of the U.S. Department of Treasury accused the elder Rogers of not following proper auditing procedures.

  It was also alleged about that time that he again had had employees donate one-third of their salaries under a formula to his re-election bid. Such allegations had been raised every few years against Rogers Sr. since 1960.

  His brother, Will Rogers, no relation to the humorist, served 10 years in Congress.

  In 1975 Rogers jr. resigned before the start of a Senate trial after the House voted to impeach him. Rogers was accused of numerous wrongs including closing his office on the last day that a referendum petition could be delivered to his office.
Rogers Sr. died in ‘82; Rogers Jr. died in ‘08.
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Governor Hall Goes to Prison

7/16/2021

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David Hall passed away this Spring. He has been living quietly since he left public life on his way to prison.
After the terrible governorships of the late 20s & early 30’s, it wasn’t  until the 1960s that major scandals again surfaced, and then they did so with a vengeance. Three justices of the Oklahoma Supreme Court were removed from office by impeachment or resignation arising from IRS investigations of reports that justices were taking kickbacks for favorable decisions. A powerful former speaker of the Oklahoma House of Representatives, who had been a dominant figure in state government, was convicted and sent to jail as a result of IRS investigations arising from charges that he failed to report income received in return for political favors. Then in 1975 a former governor, David Hall, was convicted, shortly after leaving office, of misusing his powers of office by trying to direct a state retirement fund to help a friend with a loan. Again, federal officials were the chief agents in cleaning up the corruption.
Harry Holloway, of the Oklahoma Historical Society.
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The Impeachment & Prosecution of 3 Supreme Court Justices

7/15/2021

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  Fifty years ago, Oklahomans were humiliated by revelations that three state Supreme Court justices had accepted bribes. Former Justices N.S. Corn, Earl Welch and N.B. Johnson served jail time for their criminal actions.

Judicial Scandal

In 1965, scandal burst forth in an unusual setting, the Oklahoma Supreme Court.  Three judges were implicated in taking payoffs to decide cases before the court. These three judges were either convicted in court or impeached. IRS inquiries laid much of the groundwork.

One of the guilty judges, N.S. Corn, became contrite and publicly described his misbehavior. He admitted that over about 20 years of taking payoff, he could not recall one single year in which he had not taken a payoff. Professor Phillip M. Simpson of Cameron University has researched one spectacular payoff case in which “Corn swore that he had received $150,000 in $100 bills … in a downtown Oklahoma City meeting ….

The attorney who had established the pattern with Corn was O.A. Cargill, former Oklahoma City mayor and Corn’s friend for 50 years.” This corruption obviously reached into the highest levels and included citizens usually deemed quite respectable. 

Corn, Welch and Johnson had been elected, and re-elected, to their high positions by the people. The shame cast on our state by their misconduct was the fuel for a judicial reform movement led The Sneed Plan, calling for the appointment, not election, of our appellate judges, passed as a constitutional amendment in 1967. Missing from the Sneed Plan were district court judges who remain elected officials to this day. The Sneed Plan established the Judicial Nominating Commission, composed of 15 members. It has six lawyers, elected by the lawyers, six laypersons appointed by the governor, plus three more laypersons, one selected by the members of the commission, one selected by the House speaker and one selected by the president pro tem of the Senate. When a vacancy occurs on any court, the commission carefully screens all applicants and submits a list of three qualified people to the governor who must name one person from that list. All appointed appellate judges are on a retention ballot every four years. A bad apple can be removed. If a district court judgeship becomes vacant by death, resignation or removal, that vacancy is filled in the same manner by the commission. Why were district judges not included in the Sneed Plan? The answer is simple, political sausage. In 1967, rural Oklahoma was suspicious of a commission in Oklahoma City and the governor having a big say in who their local judges would be. That opposition was deemed substantial, so supporters of the Sneed Plan decided that half a loaf was better than none and, as a political expedient, they excluded the district judges from the plan submitted to the voters. The time has come to further amend the law to provide for the appointment of district judges in the same manner as appellate judges. The 1967 compromise has served its purpose. At least 12 members of the commission must live in what was formerly our six congressional districts so the rural vs. urban tension is reduced. The practice of law has changed and lawyers now routinely travel statewide to appear in court. Half of the presidents of the Oklahoma Bar Association have historically come from counties other than Oklahoma and Tulsa. It is a different world from 1967. Electing judges is simply a bad idea. In Tulsa County we recently elected five district judges. Incumbent judges had to take time from their important work to campaign and, yes, raise money. It is not surprising that some candidates raised and spent more than $100,000 campaigning. Most of these campaign funds come from lawyers who practice before those same judges. This is an unfortunate byproduct of electing judges. Unlike most political races, ethical restrictions limit what judicial candidates can do in a campaign, e.g., they cannot say “verdicts are too high (or too low)” or “I’m for the little guy.” When we have judicial elections, lawyers get many questions from good people who ask how they should vote. The average conscientious voter has no reliable means of making an informed decision on who will be a good judge. Judges go to work every day and handle the cases they are assigned. Most of their work is without fanfare or notoriety. Occasionally, a judge will draw a case that gets media attention but that is the exception, not the rule. Oklahoma is one of 32 states that still elects some or all judges. Retired U.S. Supreme Court Justice Sandra Day O’Connor recently said, “in too many states, judicial elections are becoming political prize fights where partisans and special interests seek to install judges who will answer to them instead of the law and the Constitution.” Or, as Alexis de Tocqueville predicted more than a century ago, the election of judges will “sooner or later, have disastrous results.” For these and other reasons, it is time to change our laws, get it right and provide for district judges to be appointed, and be subject to removal, in the same manner as appellate judges.

Oklahoma Supreme Court, a 1965 scandal of bribery and betrayal, of fixed decisions, impeachment and prison terms. On another level, it is a story of legal reform fueled by impressive moral courage and tenacity, the story of Harlan Grimes, the lawyer who was disbarred on May 8, 1960, for publicly accusing a Supreme Court justice of taking bribes The Daily Oklahoman said;

 On Dec. 9, 1964, 80-year-old former Supreme Court Justice N.S. Corn, who was serving an 18-month sentence at the federal prison in Springfield, Mo., for income tax evasion, gave his 84-page sworn statement to the government. In it, he detailed his involvement in bribery, implicating Justice Earl Welch, Justice N.B. Johnson and others. Ten days later, Corn was freed early.

That statement found its way to federal judge Stephen Chandler, who shared it with William Berry, a new justice. Berry got G.T. Blankenship, a new Republican representative, to present it to the state legislature.

Denying his guilt and refusing to leave quietly, Oklahoma Supreme Court Justice Napoleon Bonaparte Johnson was impeached by the Oklahoma Senate .

The evidence presented against Johnson was Corn’s uncorroborated testimony and a $7,902 discrepancy between Johnson’s income and his bank account in 1960 and 1961. Other evidence presented was that, shortly after allegedly receiving a bribe, Johnson had opened a safety deposit box to which his wife did not have access, and that, having previously paid his household bills with cashier’s checks, he stopped doing so after March 1962. The Senate also heard that on April 12, 1962, attorney Harlan Grimes had written Johnson accusing him of taking a bribe.

What are the conditions that led to this corruption? The authors suggest that it was both the populist method of electing justices with its campaigns and political contributions, and the influence of the legislature derived from their control of judicial salaries.

There was also a system of rules which caused Harlan Grimes to be disbarred for publishing the truth about justices and bribery. Inadequate campaign financing laws, the lack of a retirement plan for justices and meager salaries exacerbated a natural human tendency to dishonesty and greed.

  In the wake of all the publicized corruption, the impeachment, the convictions for perjury and tax evasion, the anti-populist forces that had failed to have their way in the drafting of the original Oklahoma constitution did have their way on July 11, 1965. No longer would the people be able to elect their appellate judges from the field of all qualified lawyers. Interposed would be a judicial nominating commission and the governor. The people would be allowed to vote on retention of justices.

The complete story still has not been told and perhaps it never will be. One thing is certain, however. Harlan Grimes stands for the best in the profession of law. He didn’t let the threat of losing his license to practice law stop him from telling the truth.

On a case-by-case basis, some Supreme Court decisions which were proved to have been bought were subsequently set aside. Those cases were reopened .

  After the terrible governorships of the late 20s & early 30’s, it wasn’t  until the 1960s that major scandals again surfaced, and then they did so with a vengeance. Three justices of the Oklahoma Supreme Court were removed from office by impeachment or resignation arising from IRS investigations of reports that justices were taking kickbacks for favorable decisions. A powerful former speaker of the Oklahoma House of Representatives, who had been a dominant figure in state government, was convicted and sent to jail as a result of IRS investigations arising from charges that he failed to report income received in return for political favors. Then in 1975 a former governor, David Hall, was convicted, shortly after leaving office, of misusing his powers of office by trying to direct a state retirement fund to help a friend with a loan. Again, federal officials were the chief agents in cleaning up the corruption.
Harry Holloway, of the Oklahoma Historical Society
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Speaker McCarty and His 1960s Bribery Machine

7/14/2021

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Speaker JD McCarty
  A 1950s major scandal centered on the former Speaker of the Oklahoma House of Representatives, J.D. McCarty. The speaker is normally a powerful figure, and McCarty was more so than usual because he happened to serve during the term of the state’s first Republican governor, Henry Bellman, elected in 1962. McCarty, a skilled politician, emerged as a highly visible and dominant figure, leading Democrats against the Republican governor.
  Unfortunately for McCarty, he lost his reelection bid from his district in 1966, and the IRS descended upon him with tax evasion charges. His critics unkindly claimed that he failed to report his many bribes. In any event, he was convicted and sent to jail. Thus, in a few short years, leading state judges and the powerful former speaker had proven to be corrupt. 
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Liquor And Corruption

7/13/2021

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  Unless you’re a 3rd generation Oklahoman, you probably don’t know that prohibition didn’t end in the mid 30s, in Oklahoma.

  The demise of Prohibition deserves more than passing mention. Oklahoma was one of the last states to allow strong drink. By the time of repeal in 1959, open saloons serving whatever customers wanted flourished in urban centers, and bootleggers provided fast arid efficient home service for those in dire need.

  No more prohibition.

 A make believe liquor casket containing ‘Old Man Prohibition’ is hauled jubilantly through the streets with a police escort here, April 7th. The occasion was an election victory that ended 51 years of prohibition in the state.

 The widespread flouting of the law in itself became one of the strong arguments in favor of repeal.   By this time the state had voted on the liquor issue six times. Finally, on the seventh time, repeal carried the day and thereby reduced a significant source of corruption.Governor Edmondson won on Prohibition.

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The 1956 Senate Election Drama Which The Governor Lost

7/12/2021

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John Russell was a graduate of the Oklahoma Military Academy, in Claremore. He served in WW2. He then went to OU law school and served in the Oklahoma House during that time. At the young age of 26, he was named Speaker Pro Temp. He departed soon after, to serve in the Korean Conflict. In 1952 he was elected to the Oklahoma Senate. In 1956, he faced a primary challenge from Tom Payne Jr.
 John W. Russell Jr. won the Democratic nomination in the 1956 Democratic Runoff Primary Election after recount of absentee ballots. This was challenged in District Court by Tom Payne Jr., and the court ruled invalid all absentee ballots, thus giving the nomination to Payne.
 The State Supreme Court later ruled that the District Court had no jurisdiction in the election and declared Russell the winner. But the Election Board didn’t post either candidate on the November ballot.

 On November 23, 1956, Governor Raymond Gary declared the office vacant since neither candidate’s name appeared on the General Election ballot and ordered a Special Election on December 22, 1956. This was won by Payne over his Republican opponent after Russell refused to be a candidate, maintaining the election was illegal. He contested the Governor’s authority for such an election in the Supreme Court.
  Citing previous rulings, the Supreme Court said the Legislature was the sole judge of its membership and on January 15, 1957, the Senate voted unanimously to seat Payne.

  The Miami Daily News captured some of the drama on Dec. 16th, when they published this:
State Sen. John Russell,; angered because the State Election Board won’t call off a special election in his senatorial district, threatened Saturday  to punch the chairman in the nose. 
George D. Key, Oklahoma City,; the board chairman, declared it is untrue he told Russell that a favorable Supreme Court decision in the Russell-Payne election lawsuit would automatically give the senator another term in office. 
Russell, when told of key’s statement, took it to mean Key was calling him a “liar.” 
“I don’t want him calling me a liar, or I’m going over there and punch him in the nose,” Russell! said. 
The senator was in Sallisaw’ Saturday conferring with his attorney, Fred Green, on whether legal steps will be taken next week to halt the special election Dec. 22 in Wagoner and Okmulgee counties to fill a “vacancy” in the Senate post. 
Gov. Raymond Gary called the election because no nominee name appeared on the Nov. 6 general election ballot. Russell Friday finally won a lawsuit which, in effect, gave him the nomination over Rep. Tom Payne Jr., in the July 24 runoff primary’. He said the State Election Board had told him that if he won the lawsuit, he would win the senatorship. 
But Key, when contacted at Leedey, where he is visiting, replied: “Every word that Senator Russell said is wholly untrue. I never talked to Senator Russell in my life, and I never saw him until he made that ridiculous argument before the State Election Board.” Russell told the election board 
Speaker Larry Adair takes part in a Masonic
 Rite with John Russell in 2002

  One must be mindful that the Oklahoma Senate selects the Election Board Secretary, and Russell’s open accusations of the director probably was not well-taken by the senate leadership. 
Jim King, 32°, P.M. congratulating
 John Russell, 32°,
 Past Potentate of Bedouin Shrine,
50-Year Member, (Past District Attorney,
 State Lawmaker, and Colonel in U.S. Army
 1st Row: District Attorney Richard Gray, 32°;
 State Representative Jerry Hefner;
 Speaker Larry Adair, 32°;
 District Judge Bruce Sewell, 32°
  Gov. Gary used the experience to call for election process reform laws, so that absentee ballots are handled in a secure manner.
  John Russell went on to practice law in Wagoner County, serving as County Attorney, then State District Attorney, until 1983. He was a Mason, and died in Ponca City, in 2015.  
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