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March 14, 2005 -- Vol. 5 Issue 11 Written by Jack R. Simpson (unless otherwise noted), owner of J.R. Simpson & Associates, Inc. and contributing editor to "The Waterways Journal." 
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 In This Newsletter:
Quote of the Week
“If men are to be precluded from offering their sentiments on a matter which may involve the most serious and alarming consequences that can invite the consideration of mankind, reason is of no use to us; the freedom of speech may be taken away, and dumb and silent we may be led, like sheep to the slaughter.” - George Washington A Personal Note From Jack
 The above quote appears in the new book “Men In Black” by Mark R. Levin, a constitutional lawyer. It accompanies a chapter titled: Silencing Political Debate.
As I read through Levin’s book, I am almost moved to action-but what action? His theme dwells on “How the Supreme Court is destroying America” by usurping powers constitutionally given to the Executive and Judicial branches. Even if Congress is not acting swiftly - dragging its feet, so to speak - to correct wrongs, the Supreme Court has no constitutional authority to assume those powers. This has been long in coming, but like other developments these days the “take-over” has been almost exponential in degree. As one example, the Constitution says, “Congress shall make no law…abridging the freedom of speech.” Today there are lengthy court decisions rendered for the purpose of cutting off debate in matters that George Washington would have described as “involving the most serious and alarming consequences that can invite the consideration of mankind.” Consideration by mankind apparently is no longer allowed. When I say it has been a long time coming, perhaps I am referring to my own conclusions on the matter. I have over the years received mail from what some may describe as “super patriots” who might have been “hatched” from the John Birch Society. While I could not help but agree that some of their conclusions were pretty much on target, I have always stayed clear of adopting what I considered to be radical methods of obtaining goals. Our back woods are filled with “patriots”, armed to the teeth with highly technical military weapons. My own choice of weapon, as you can guess, is the pen, not the sword. Just ask yourselves, “How available is my government to me? How easy is it for the average Joe, who has a family to raise and job to protect, to influence lawmakers, even those from his own state and his own district? If you really give it some thought, you will find that it is not easy for the average person to influence congressional delegates, especially with thousands of highly paid lobbyists constantly bending their ears. I have never taken to writing letters to legislators, though that might have been acceptable and even profitable during my years as editor of “The Waterways Journal.” My opinion is that they would have paid little attention to me. However, I generally say exactly what I mean in editorials, which often berate congressional actions and have done so for nearly 30 years. Some of this material has even ended up in the “Congressional Record.” That plus a buck might get me a cup of coffee. Occasionally I have sent letters to newspaper editors, but have come to believe that it is a lost cause. While I have read letters that seemed to be even critical of the publications, I find that some newspapers have limitations placed on the number of times one can get letters printed. This seems to be a perfectly sensible practice until you realize that at the offset of a very important public debate, your opinion is automatically rejected because a letter you wrote appeared 48 days earlier. My recent letter, rejected by the “St. Louis Post-Dispatch”, for that very reason involved a decision by a Missouri commission involving the rights of the handicapped. The commission had ruled that the operator of a trail ride must make the service available to people who are totally blind. I believed myself qualified to write on the matter because my father worked with horses much of his life, and he passed much information on to me. Additionally, I have had some experience with horses, particularly involving the danger to riders when animals are spooked. It was my contention that even riders with good vision are often caught off guard by the antics of spooked horses, and that the situation could be much worse for a non-seeing riders who had no opportunity to anticipate events that might spook their mounts. It occurred to me that in matters of such importance, my thoughts might be worth access to the letters column. I tried to suggest that the commission call upon half a dozen horse handlers to evaluate the quality of their decision. While I might have missed them, I saw no letters referring to the commission’s ruling beyond those that caused me to write in the first place. Some had defended the right of the blind to have access to horses even when there were no guides or helpers to assist them on a trail ride. So I do not take letters to be an entirely satisfactory way to enter the debate. One exception I will admit is that if you are a specialist in some field, there is ample chance that the newspaper, once having decided to print a letter, will allow the writer to violate the “length” rule, which with the “Post” happens to be 250 words. Most of the time, but not always, that should be enough if the writer is not a specialist. It is frequently not long enough for writers well-versed on subjects intended to help enlighten the readership of the paper. I have always kept mine short. All this relates back to the growing restrictions on debate. I want to recommend to all B&B readers that they visit a library or purchase to read “Men In Black” by Mark R. Levin. This book is thoroughly documented, enabling the reader who really wants to do research to find important writings related to Levin’s subjects and conclusions. This should not be a decision based on political bias. The subject, for Levin, is to preserve the Constitution. We are seeing constitutional rights being torn from us day in and day out. The right of free speech is under attack. We need to know what is going on in this area.- Jack Conservation Easements I have not, to my satisfaction, satisfied my earlier questions related to conservation easements and how these contractual agreements might impact river industries. Until I do, I will not write further on the subject. I am still awaiting replies from several people whom I believe can broaden my understanding of the subject. For Those Inclined To Pray
Join our Prayer Circle so that you can tap into the prayerful support of the circle members. Membership and prayer requests are open to everyone. The activity of the Prayer Circle is confined totally outside of our weekly newsletter. With the exception of this segment, all contact is made, ultimately, through jacksimpson@littleriverbooks.com. To learn about the prayer circle click here. On The Waterfront
Legal Battle Over Elizabeth M Incident Heats Up While the Coast Guard may be reluctant to reveal thoughts related to the sinking of the Elizabeth and loss of four crewmen (the matter is still under investigation) lawyers representing various clients have no such reluctance. We all know from past experience than even crewmen are advised by their employers never to discuss accidents because those accidents may at some time involve lawsuits. News representatives who contact companies involved in such incidents find themselves, just as often as not, up against a brick wall because of the company lawyer’s advice. On Sunday, March 14, ThePittsburghChannel.com reported that Dennis O’Bryan, an attorney for surviving crewman Jacob Wilds, has produced pictures showing a 2-by-2-foot hole cut into the deck of the Elizabeth M. It is at the stern right above the electronics for the steering gear. He told Channel 4 Action News that the hole “would have allowed water to flood down on top of the steering mechanism, which” he says, “accounts for the captain’s testimony that when he tried to escape from the situation, the boat wouldn’t move and he didn’t know why.” (The implication, we think, is that the hole might have been cut in the deck to investigate the loss of power the Elizabeth M experienced several weeks before its sinking.) The pictures were taken for O’Bryan by a private surveyor. O’Bryan is handling Wild’s legal action against Campbell Transportation Co., owner of the Elizabeth M. The surveyor is not the same as the one(s) working for the Coast Guard. Readers will recall that we reported earlier how the Elizabeth M had experienced a power failure, an incident that, to our knowledge, has never been explained and is still under investigation by the Coast Guard. O’Bryan refers to that power failure, saying the failure is fully documented. He is seeking a full report on that incident and wants to learn if the hole in the deck is mentioned. Campbell’s attorney rejects O’Bryan’s theory about the hole and said he will have make that assertion in litigation. The Coast Guard reportedly has not responded to O’Bryan’s request to have the hearing on the January 9 sinking reopened. As usual, we will just have to stay tuned! Autopsy Makes It Official: Crewman Drowned The “Pittsburgh Post Gazette” has reported than an autopsy performed on Rick Conklin, 40, whose body was removed from the engine room of the sunken towboat Elizabeth M on March 6, determined that he had drowned. Conklin, of Crucible, Pa., was one of four men who perished when the vessel sank after passing through Montgomery Lock on the Ohio River on January 9. Six barges also sank. The sunken vessel was owned and operated by Campbell Transportation Co. of Charleroi, Pa. It was taken from the scene and towed to C&C Maintenance Co., Beaver Falls. (For extensive details on this accident, check the B&B archives.) Survivor of Elizabeth M Sinking Charged With Assault The “Pittsburgh Tribune-Review” reported on March 7 that Jacob Wilds, 26, survivor of the sinking of the January 9 sinking of the Mv. Elizabeth M below Montgomery Dam on the Ohio River, was arrested March 6 and charged with assault. The charge stipulates that he assaulted two women and a child at his apartment in Holiday Acres. The victims, according to the “Tribune Review”, included his one-year-old daughter; the child’s mother, Cindy Piett, also of the Holiday Acres address; and Cindy Piett’s mother, Lani Piett. All three were treated at a local hospital. Wilds was charged with three counts each of simple assault and harassment and one count each of endangering the welfare of a child, reckless endangerment of another person and criminal mischief. He was arraigned in Westmoreland County Night Court. Somewhat Unexpected When Dan Owen, our boat expert, spotted on his computer that the Elizabeth M was reported downbound in Mon River Pool 4 at 23:26 EST on March 11, it was a bit perplexing. He couldn’t help but wonder if the boat had a quick repair job…or what? Anyone have an answer? Missouri River Water Battle Heats Up - Again! In an article written for the “St. Louis Post-Dispatch”, Montana Gov. Brian Schweitzer says that while other Missouri River basin states agreed to hold back water to counteract drought, Missouri officials refused and as a result have lost a risky bet. Schweitzer said Missouri officials, adamant from the beginning in their support of navigation down river, were betting on navigation to keep water flowing downstream [to Missouri]. “So instead of having built up a “savings account” of water in upstream reservoirs to support drinking water and power production through the dry years, Missouri officials effectively have spent [their] savings account by draining the reservoirs for largely nonexistent barge traffic.” He explained that if Missouri had cooperated with the seven other basin states since 1999, they could have built up an additional five years of water supply. As it is, officials are now discussing the need for cities to spend millions to extend their water intakes, for private marina operators to extend their docks, for the U.S. Army Corps of Engineers to extend boat ramps on the reservoirs, and for power plants to either reduce production or extend their intakes in order to obtain water for cooling. The drought is now in its seventh year. There is no snow in the mountains to help fill the reservoirs. Schweitzer wrote that experts think it is likely the Missouri reservoirs will fall below 31 million acre-feet by March 15, 2006. If that occurs, there will be no water for barge transportation. Coast Guard Hands Congress $919 Million Wish List The “Navy Times” reports that the U.S. Coast Guard has handed Congress a $919 million wish list of programs and hardware not funded under the fiscal 2006 budget request of the Bush Administration. The “unfunded-priorities” list includes $637 million more for the agency’s Deepwater recapitalization program, $11.6 million to replacing sliding doors, landing gear and tail rotor blades on the HH-65 Dolphin helicopters, $4 million to increase the aviation maritime patrol hours, $59 million to fix dilapidated shore stations, and $4 million to move Group Cape Hatteras, N.C., elsewhere. Rep. Harold Rogers (R-Ky.), chairman of the House Homeland Security Appropriations Subcommittee threatened the Coast Guard again last Thursday, telling one official that his committee will not approve any increases in the agency’s fiscal 2006 budget if the Coast Guard misses a second deadline for a report on its beleaguered Deepwater program. FBI, Coast Guard Investigate Barge Bomb Hoax Reports out of Armorel, Ark., indicate that law enforcement officials were called to a marine terminal at Barfield Landing on the Mississippi River near Armorel Sunday to investigate what turned out to be a bomb hoax. The object thought to be a bomb was strapped to the side of one of the barges at the landing. The barge was moved to the center of the river, where it was later found to be a box containing wires leading to a battery. The bomb squad determined the device to be a hoax. The FBI, Coast Guard and Sheriff’s Department are now investigating. Exotic Species Are Getting Attention Again The Associated Press has reported out of Traverse City, Mich., that two Michigan legislative leaders want Great Lakes states to regulate the oceangoing ship ballast widely suspected of ferrying exotic species to the region. They prefer that to leaving the job to what they describe as a “slow-moving federal government.” (Did you know that because of the commerce clause, courts can rule against any state legislation designed to regulate ballast water?) Body May Be That Of Missing Tugboat Captain A boat crewman discovered a body in the Mississippi near Luling, La., Sunday. A spokesman from the Sheriff’s Office speculated that it might be the body of the missing Capt. Chester Cheramie, 40, master of a tug that sank near Luling in January. Cheramie's tug sank about four miles south of the Hales Boggs Bridge. Identification of the body won’t be known until dental records are checked. Crossing The Bar
 We have been asked to pass along some information related to the death of William A. “Bill” Evans, retired “Waterways Journal” Gulf Coast manager who died March 5. I know that some who read this letter have known him personally, and some have come to know him through his WJ writings or advertising contacts for the past 25 years.
First, here is a link to the guest book. It will remain active on the Internet through April 5. Not only does it provide an opportunity to sign the guest book, but it includes a photo album, where you can put in any picture(s) you may want to post with a brief description. Among the charities to which memorial contributions may be sent was the Seamen’s Church Institute (SCI). Ed Rahe at “The Waterways Journal” has passed along a message from Ann Mills of the Seamen’s Church Institute in Paducah, Ky. After thanks and condolences, she wrote: You can send the checks to 111 Kentucky Ave., Paducah, KY 42003 or to New York at 241 Water Street, New York, NY 10038. If donations are to SCI overall, simply note on the memo line that it’s a contribution in memory of Bill Evans. If contributions are specifically to Ministry on the River, please note on the memo line that it’s a contribution in memory of Bill Evans for MOR. She suggested that contributions that are MOR specific be sent to the Paducah address so she can send an acknowledgment from Paducah as well as the official one contributors will get from New York for tax purposes. Our Readers Write
Mystery Boat  Here is an image of a boat on fire that somebody on the tugboats group sent to me to try and identify. The date was December 7, 1999, on Jourdan Road, New Orleans, on the Industrial Canal.
I have checked everything I have here and cannot match a boat name to that date, or any fire for that matter. The web site was the New Orleans Fire Department and I asked their photographer if he happened to remember the boat name and he said no. It is a dandy photo, and I would just love to find out what boat it is, but there is no identification visible, except for the number of the old Waxler Towing barge. This number is no longer valid on the nmfs site so it is probably an old single skin tank barge converted into a quasi deck barge. I don't expect you folks to recognize the boat, except for Jeff maybe, but it looks like it could be any one of 100 boats. Maybe Jack can post it on B&B and get some results. Dan Owen boatphotos@mindspring.com (Editor’s note: Jack did!) Another Site To Visit I thought your readers might be interested in the online collection of River photos at MN Historical Society. Go to photo and art data base and search. River photos from 1850s on up. http://www.mnhs.org/index.htm Greg Genz Boat Photo Center
This week, one of our Photo Center boats is a mystery boat, photographed during a 1999 fire. See the “Our Readers Write” section.  In addition to the mystery boat, we have: six boats from John Miller: the Torco Houston, Susie Hazard, Nicholas Duncan, Jeffboat (1), Jeffboat (2), and the Badger. From Craig Nowack we have: the Susan Ponthier, Jacob Michael Eckstein, Ed Renshaw, Herman Pott, George King, Robin B. Ingram, Wyaconda, and Cap’t Newt.
The Book Beat
 We are happy to report that response to our February 28th review of “Rivers of Kentucky” by David and Lalie Dick was gratifying. We had to order more books. You don’t want to miss this one. It’s a keeper.
Here's a link to what we wrote and an excerpt. We are unhappy to report that David has been declared legally blind by his doctors. He suffers from macular degeneration. This makes it necessary to delay work on the couples forthcoming book dealing with the late Betty Blake, former president of the Delta Queen Steamboat Co. David still faces cataract surgery on one eye. We wish this husband and wife team well and pray that they will eventually be able to get back to work on the new book. VHS Tapes of Upper Miss and the Elizabeth Ann   Sales have also gone well for the VHS tapes by Kathy Flippo of the Upper Mississippi River and the Elizabeth Ann. We have just a couple of these left, so if you are interested, get to us by telephone at 314/921-4419. The cost is $15 plus $5 S&H. It also includes a free copy of “Grab A Bush”, about the Missouri River (normally $6.50) and a free copy of “At The Water’s Edge”, a presentation about the 1999 Tall Stacks event at Cincinnati, normally $5. This deal is offered only in the newsletter and must be ordered via Visa or MasterCard. The two freebies can be ordered on the web site, of course, but at the regular price plus S&H.
Read a detailed description of Kathy Flippo's "Between Locks 14 & 2 on the UMR Aboard The M/v Elizabeth Ann." Next week we will try to bring you an exciting book review of yet a different item. Tow Talkin'
March 14, 2005
By Kathy Flippo I don't care what the thermometer says, spring arrived as of March 8th. ARTCO's Mv. Cooperative Vanguard came up to Clinton after supper and departed 10:45 p.m. southbound with nine loads. Yes, I remember that ARTCO's Mv. Harvest Run came up mid-January, but that was a one shot deal. I check the Internet nightly to see what boats are where and noticed that the Coop Vanguard had locked up #14 at 15:00 that afternoon. I knew just where she was headed as ARTCO's fleeting service had a loaded tow made up in their Murray Island Fleet. Sure enough, I was right as usual. (I'm a woman, therefore always right!) Jumped in my 'burban and zipped over the U.S. 30 high bridge at 10:45 p.m. and saw her just leaving the fleet. The bridge used to have a tollhouse… If you wish to continue reading this column, click here. See you on the Web, Jack Little River Books jacksimpson@littleriverbooks.com Don't forget to visit our website!  |
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