Sunday, March 28, 2010

The rich get richer: Is there a solution to the inequitable distribution of wealth?





This paper was presented to the Club by Roger B. Linscott in 1989. Roger was, for many years, the associate editor of The Berkshire Eagle, Pittsfield's daily newspaper. He won the Pulitzer Prize for his editorial writing in 1973, and died in 2008 at the age of 88, having been a member of the Club since 1950. We are indebted to Roger's daughter, Wendy Lamme, for a treasure trove of Roger's Club papers which we will be publishing during the next several years. In this paper delivered 20 years ago, he tackled the issue of the skewed distribution of wealth in America, which has only gotten more skewed in the two decades since he wrote it.



A widely-admired New Yorker cartoon of my younger years — done, I believe, by Peter Arno in the 1940s — depicted a rather elderly and obviously successful cleric seated at his desk in front of a huge vaulted window in the office of a Fifth Avenue cathedral. Fingertips together and eyes cast heavenward, he is addressing an eager-looking novice on the other side of the desk; and what he is saying to him is: "Young man, as one who would seek preferment in our calling, I would admonish you to avoid whenever possible two subjects: politics, and religion."





I was given approximately the same advice, albeit under the considerably less pious auspices of my sponsor, the sainted Billy Annin,* when I joined the Monday Evening Club 40 years ago. While it was not writ in stone, he said, or even officially in the bylaws, there was a tacit understanding that readers should circumambulate the subjects of politics and religion, lest sensitivities be wounded and fires started which might not be easily quenched. I trust that tonight's paper won't be felt to trespass on that on that taboo. It deals with a subject of unavoidably close concern to all of us: money — and more specifically, the appalling inequity with which money is distributed in our society.



Obviously this has political overtones, but not of a particularly partisan nature. Very rich people, for self-evident reasons, tend to be political and economic conservatives, but there have always been plenty of exceptions, especially among those of primarily inherited wealth. On this score it might be noted that the three richest American presidents in this century — the two Roosevelts and John F. Kennedy — were all professed reformers who made no bones about their contempt for economic royalists. TR told Congress that "our prime objective should be to put a constantly increasing burden on the inheritance of these swollen fortunes, which it is certainly no benefit to this country to tolerate." FDR was of course denounced as a traitor to his class for what he liked to characterize as his relentless war on entrenched greed. And JFK was fond of quoting an eminent authority, his own ruthlessly acquisitive father, to the effect that "all businessmen are sons of bitches." In any event, it is getting harder and harder to type-cast the very rich in a political sense. Most of the vast new fortunes being made today are accumulated by essentially apolitical entrepreneurs who are pragmatists rather than ideologues. They will go wherever the money is and will deal with whomever they need to get it.



And (to return to the main theme of this paper) they are getting it in astonishing quantities. After nearly half a century of slow but steady reductions of extremes of inequality of income in this country, the pendulum about a decade ago began swinging the other way. Since the late 1970s the rich have been getting richer and the poor, in real dollars, poorer. And now the great American middle class is beginning to get squeezed from both directions.



This growing gap between the very rich and the rest of American society has not been generally acknowledged by the public, or acknowledged by the politicians, many of whom are part of the problem, but the facts and figures are indisputable. A recent Congressional Budget Office study found that for the 40 percent of Americans at the bottom of the economic scale, average after-tax income is lower today than it was in 1977. Real after-tax earning for typical middle-class families held just about even during the same period. But the average real after-tax income of the richest one percent of the population jumped by a staggering 74 percent.



The disparities are particularly arresting when one uses the much more meaningful yardstick of net worth, which is to say the difference between an individual's total assets and total liabilities. An exhaustive analysis by the Congressional Joint Economic Committee two years ago established that while the wealthiest 10 percent of Americans owned approximately 63 percent of our nation's economic pie in 1964, their holding had increased to just under 70 percent 20 years later. The same study found that the concentration of wealth in the top one percent had reached 34 percent — significantly (and ominously, in the opinion of economist John Kenneth Galbraith) the highest concentration since 1929, the year of the great crash.



All indications are that in the several years since the figures in the Joint Economic Committee's study were collected, the disparities in incomes and net worth have been accelerating. For seven years now, Forbes Magazine has been turning a crew of researchers loose to compile a list of the 400 richest Americans. In 1982, one only had to have a net worth of $93 million to make the Forbes 400. By 1988, the minimum needed had jumped to $240 million.



Other statistics from other sources are equally mind-boggling. A study made by the economics department at Georgia State estimated in 1987 that there were approximately one million millionaires in the U.S., and that their ranks were being expanded at the rate of about 10,000 new millionaires a year. The Income Statistics Bulletin of the Internal Revenue Service has estimated that the number of U.S. millionaires approximately doubled between 1976 and 1982 and may have more than doubled in the years since. In 1987, the responsible publication Financial World reported that the five top moneymakers on Wall Street (individuals, that is) the previous year had averaged $88 million apiece in earnings — and yet only one of them was rich enough to rate a place on the rarefied Forbes 400. That one was Michael Milken, the celebrated junk bond king who, though a mere vice-president at Drexel Burnham Lambert was worth an estimated $600 million at age 40. (Incidentally, Mr. Milken's relative youth is unusual but far from unprecedented among the super-rich. Prominent on Fortune's current list of billionaires is 32-year-old William Gates III of Seattle, whose 40 percent holding in Microsoft computer systems is valued at $1.4 billion.)



Probably one reason there has been relatively little public concern about the concentration of so much of the national wealth in so few hands is that most people have great difficulty in comprehending individual fortunes of such magnitude. The figures may be somewhat more comprehensible when described in comparative terms. For example, the net assets of the 400 richest people listed in Forbes  add up to a figure considerably greater than the horrendous federal deficit that we seem to incapable of bringing under control. The total assets of the Forbes 400 also are greater than all the savings that all Americans have in commercial banks — and, if Social Security is taken out of the equation, greater than all of the annual federal expenditures currently directed to assisting directly or indirectly the tens of millions of Americans classed at underprivileged.



The concern here, it should be emphasized again, is not with the unequal distribution of wealth as such. This has always been a fact of life under the free enterprise system and, within reasonable limits, has generally been considered a reasonable price to pay for the enormous benefits that the free enterprise system can convey both in terms of enhancing political freedom and stimulating economic growth. The concern, rather, is with the fact that in recent years the historic movement away from excessive inequalities — a trend that has been an essential element of social harmony in this country — has been reversed, with great potential risk of both economic and social damage to the national interest if the reversal continues.



The factors that have contributed to this turnabout — to this great explosion of individual wealth — are numerous, ranging from skyrocketing value of such finite resources as land and minerals at a time of escalating population, to the huge opportunities that large-scale deficit spending offers to the creditor class.



But much of the explanation is basically political: specifically, the changing nature of our national party system. These changes tend to magnify the political influence of big money while diminishing the influence of the more populist elements that have historically demanded legislative and regulatory restraints on excessive concentration of wealth. Instead of the old-style ward and precinct organizations aimed at getting out the working-class vote, we now have technology-based campaigns run essentially by the new fund-raising, polling and TV-oriented consulting elite. Organized labor, long the strongest driving force for populist policies, has lost virtually all of its muscle as the shift from manufacturing to service jobs has sent union membership plummeting. One crucial result is that while voter turnouts among those in the top third economically have held steady since the 1950s, turnouts among those with less-than-the-median incomes have fallen sharply and steadily. Considering all of these factors, it is hardly surprising that the "L" word was considered a bogeyman in the recent presidential campaign and that regulatory policies in Washington have been run for some time now by men who share the view of Edwin Meese III that "the progressive income tax is immoral." Such an ambiance is not conducive to restraints on a system that creates and sustains increasingly grotesque accumulations of family wealth.



One of the problems with such an ambiance is that vast wealth, in the absence of adequate restraints, tends to expand itself in a sort of chain reaction process without any particular relationship to the wisdom or foolishness of its possessors. On this point I would cite no less an authority than Edgar Bronfman, the whiskey baron and loyal son of Williams College who, according to Fortune, was worth $3 billion at last count. "To turn $100 into $110," said Mr. Bronfman recently, "is work. To turn $100 million into $110 million is inevitable." In other words, if you are exceedingly rich, doing nothing will guarantee your becoming even richer. If you want to diminish your fortune, you really have to work hard at it.



The Dupont family of Delaware is a striking example of how big money — in this case, inherited money protected by competent estate managers — just keeps on growing, no matter how much the heirs may try to screw it up. Although they are one of America's very richest families, with net assets of well over $10 billion, no Dupont of recent generations has been an entrepreneurial success and none in the current generation is even a big factor in the family business. Yet there are 35 Duponts on the Forbes list of the 400 richest Americans. Interestingly, one of the few members of the clan who even tried to become a big entrepreneur on his own was Lammot du Pont Copeland Jr. (known as "Motsey") who flopped so dismally in 1970 that he was obliged to file the biggest personal bankruptcy action in U.S. history, listing liabilities of $59 million. But all's well that ends well. By 1985 the timely arrival of some new inheritances had restored his fortunes and put him back on the Forbes 400 list with a net worth of $150 million.



Another example of the tendency of big money to proliferate without much human intervention was cited by Vance Packard, the popular sociologist, in his recently published study of American affluence entitled The Ultra Rich. In the course of doing the research for his book, Mr. Packard interviewed 30 ultra-rich individuals whose net worth averaged $330 million. That was in 1985. By the time he had completed his research in mid-1987, the average net worth of the same individuals had risen to $425 million.



Mr. Packard's interviews also underscored an interesting fact which, while it has been noted by many others, helps explain why the increasing concentration of great wealth into relatively few hands has not aroused much public notice, let alone concern. With a few flamboyant exceptions, most of those who have it don't flaunt it, if only because they don't want to advertise themselves any more than they have to to thieves, blackmailers, IRS investigators, charitable fund-raisers and the like. This is in fascinating contrast to the ultra-rich of 75 to 100 years ago whose main gratification, as Veblen pointed out in his Theory of the Leisure Class, seemed to be to parade their wealth in the form of conspicuous consumption. Most of today's rich wouldn't want to burden themselves with anything like the turn-of-the-century manor houses of Lenox or Newport, even if they could find the household help to staff them. They tend to rent rather than own, and to hire service agencies rather than employees of their own. Of the 30 ultra-rich interviewed by Packard, one-third had no live-in help whatever. Only one-fourth could be classed as big spenders. Most lived on considerably less than $1 million a year, and some on less than $200,000.



Interestingly, Mr. Packard found that more than one-half of his 30 super-rich subjects had to be rated low in terms of social responsibility, with a record of contributions to charity that appeared to be at best minimal when measured against their assets. This is consistent with a recent study conducted by the Council on Foundations in conjunction with the Yale Program on Non-Profit Organizations. That study concluded that the greatest holders of wealth tend to give only a tiny percentage of it while still alive. There are, of course, some splendidly deep pockets, like those of An Wang, founder of Wang Laboratories, who has become this state's leading patron of the arts, or David Packard, co-founder of Hewlett-Packard in California, who is in the process of systematically turning over nearly $2 billion of his assets to good causes. They are, unfortunately, the exceptions. Few of today's ultra-rich would subscribe to the principles of the great steel tycoon, Andrew Carnegie, who declared that "a man who dies rich, dies disgraced." (As it turned out, Mr. Carnegie didn't quite achieve his goal of dying poor — but he gave it a real college try. For nearly 20 years after selling U.S. Steel he devoted himself to getting rid of the enormous proceeds, principally by the commendable device of building several thousand public libraries in small towns throughout the nation. At his death — which occurred in 1919 at Shadowbrook Cottage, scarcely a mile from where we now sit — only about $10 million of his $350 million fortune remained.)



The question I raised at the start of this paper remains to be answered. Can fortunes in the $100 million to $10 billion range be justified today — especially when the great bulk of the wealth is merely passed on to heirs who typically have done nothing to earn it and are unlikely to devote a significant portion of it to worthwhile social purposes? And more particularly, can we afford a continuation of the present trend, in which the already enormous inequities are becoming more so as a smaller proportion of the population acquires a larger share of the total wealth?



The answer, I submit, is no. Any kind of wealth that is used to generate legal economic activity has some value to the general economy, and any society that is to thrive needs a surplus of wealth after its citizens meet necessary living costs, for investment in economic growth. But a sensible balance is needed. As Lester Thurow, the MIT economist, has pointed out: "If the wolves ate all the caribou, the wolves would also vanish." There is no real justification for letting people acquire vastly more than they can possibly spend, and there is almost an element of indecency in having so much of the national wealth tied up in so few hands when the nation has an abundance of urgent social problems along with a staggering national debt. Both the growing irrelevance of large fortunes and the many negative consequences for society in permitting them to proliferate, raise important questions. Clearly, in my opinion, there is need for a national policy that put the concentration and perpetuation of vast accumulations of private wealth under closer public control.



The Federal tax system in its present form is not a particularly satisfactory way of doing this, mainly because taxes are based almost entirely on annual income — wages, fees, dividends and profits from the sale of assets. While the ordinary citizen's income amounts, typically, to at least 95 percent of his wealth, the billionaire's income may be less than one percent. If he has good estate planners, his income may indeed be just enough to pay his bills. He may take no salary, or only a nominal one. He may place his wealth in land or in stocks with negligible yields — the kind of investments that simply grow and grow with no federal tax reckoning until sale or death, by which time competent estate lawyers will have dispersed most of the taxable assets through trusts and other strategies.



This problem has suggested to Vance Packard and many economists the desirability of instituting a direct tax on wealth — specifically, a progressive annual tax on that portion of a citizen's net worth that exceeds a very high base — say $25 million, at present levels. It is not a radical idea: At last count, 17 nations, mostly in Western Europe, were already doing it. Its obvious selling points in this country would be as a means of simultaneously producing tens of billions in new revenue and stimulating the rich to invest idle money, while making a real start toward reversing the current trend toward concentration of wealth in fewer hands.



The logical companion policy in any effort to keep the gap between the very rich and the rest of us from continuing to widen would be to institute much tougher limitations on the transfer of wealth in estates at death, or by gift during the donor's lifetime. Vance Packard's proposal — which seems to me rather too lenient — is that no one should be allowed to transfer by will, trust or outright gift (except, of course, too a spouse) more than $25 million in 1989 dollars. Until that ceiling (beyond which there could be no further transfers) were reached, current tax rates on transfers would prevail. Contrary to the contention of many economic conservatives, this wouldn't require the dismantling of family enterprises. There are many way to keep a controlling interest in a family business — most simply by issuing two kinds of stock, one with voting rights and one without, and keeping the voting stock within the family.



As Mr. Packard points out, imposing such an absolute ceiling on the amount of assets that could be transferred to heirs would produce a sustained explosion of benevolence, to the great benefit of numerous worthy causes and society in general. Creation of foundations has been out of vogue with the super-rich since Congress tightened them up two decades ago by requiring that at least five percent of their funds must be distributed to charitable causes each year. A ceiling on transfers to heirs would revive foundations overnight. Wealth holders confronted with the alternative of enriching Uncle Sam would certainly correct the situation in which significant philanthropy doesn't begin until death, and even then on an average scale that is not notably generous.



My own sentiments are pretty close to Mr. Packard's on this point, but I have no illusions about the extreme difficulty of getting his modest proposals written into law, at least until the rich get a lot richer and the rest of us a lot poorer. A favorite theme of mine for many years has been that while I don't begrudge a man's right to make as much money as a he legally can, I do think it grossly unfair that the beneficiaries of his acquisitiveness should be heirs who probably couldn't have made it on their own and who, in any event, have already been given a substantial head start in life educationally and otherwise. I myself would be happy to see an inheritance tax of 100 percent, but what has always amused me is that when I espouse this argument, the people who object to it most vociferously are often the ones who have the least prospect of receiving any significant inheritance and the least prospect of having any significant bequests to leave to others. Like the weekly buyers of lottery tickets, they do not take kindly to killjoys who threaten their secret dream that someday, somehow, lightning will strike.



There is another factor at work here, too: a sneaking admiration for great wealth that has been characteristic of the lower economic orders since time immemorial. I remember that in my salad days, when I spent more time than I should have at the Pillars, Bill Monahan's colorful but now defunct** roadhouse in West Lebanon [N.Y.], a framed sign behind the bar asked, "If you're so smart, why aren't you rich?" It is, of course, an outrageous question, suggesting as it does that the highest pursuit of human intellect is the acquisition of money. But it reflects a belief that is probably held devoutly by most working stiffs as by the rich themselves. It helps explain why, except in times of deep economic distress, populism is not really very popular.



*William S. Annin, a Club member and Berkshire Eagle columnist

**The original roadhouse was defunct in 1989, but a successor establishment continues in the same location today.




Photo of Roger Linscott from The Boston Globe.

Monopoly photo by Giovanni Orlando, used under Creative Commons License.
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Wednesday, March 24, 2010

Those activist judges: On the expansion of marriage rights

Presented to the Club by Charles F. Sawyer on Monday evening, March 22, 2010



As was noted by Bill Moyers in his February PBS program, the Bill Moyers Journal, the quest for marriage equality has created some unlikely allies in attorneys Theodore Olsen, a conservative, and David Boies, a liberal. The two became nationally famous as the opposing counsel in Bush v. Gore, the Supreme Court case that halted the Florida recount and resolved the 2000 election in favor of George W. Bush. Now the two lawyers, who have successfully argued many cases before the Supreme Court, are lead co-counsel in Perry v. Schwarzenegger, a case that was recently argued in the United States District Court for the Northern District of California. That case is a challenge to Proposition 8, California’s ballot initiative that amended the State Constitution so as to put an end to same sex marriage. A decision will likely be issued this spring by the presiding judge, Vaughn Walker.



Bill Moyers interviewed the two lawyers on February 26. Here are some of the things they each had to say:

Conservatives, just like liberals, rely on the Supreme Court to protect the rule of law, to protect our liberties, to look at the law and decide whether or not it fits within the Constitution. And I think the point that’s really important here, when you’re thinking about judicial activism, is that this is not a new right. Nobody is saying, ‘Go find in the Constitution the right to get married.’ Everybody, unanimous Supreme Court, says there’s a right to get married, a fundamental right to get married. The question is whether you can discriminate against certain people based upon their sexual orientation. And the issue of prohibiting discrimination has never in my view been looked at as a test of judicial activism. That’s not liberal, that’s not conservative. That’s not Republican or Democrat. That’s simply an American Constitutional right.

The whole point of a Constitution is to say there are certain things a majority cannot do, whether it’s 52 per cent or 62 per cent or 72 percent or 82 per cent of the people.
The Supreme Court has said that the right to get married is a fundamental individual right. And our opponents say. ‘Well, the state has an interest in procreation and that’s why we allow people to get married. That marriage is for the benefit of the state. Freedom of relationship is for the benefit of the state.’ We don’t believe that in this country. We believe that we created a government (to which we gave certain authority). The government doesn’t give us liberty, we give the government power to a certain degree to restrict our liberty, but subject to the Bill of Rights.
There are certain rights that are so fundamental that the Constitution guarantees them to every citizen regardless of what a temporary majority may or may not vote for…. And what the Supreme Court has said is that even a democratic-elected legislature in Wisconsin cannot decide by majority rule that marriage scofflaws, people who don’ t pay their child support, who abuse their children, abuse their wives, cannot get married again. They said marriage is so fundamental that you can’t take it away, even for people who have abused an initial marriage. Missouri, the legislature, democratic-elected legislature voted majority rule, overwhelmingly, that imprisoned felons could not get married. Supreme Court says, ‘No, even though they can’t live together, they can’t be together, marriage is such a fundamental human right that you can’t take that away.’
I think it is noteworthy that unless you knew the individual rhetorical styles of the liberal Boies and the conservative Olsen, you could not distinguish their comments, from a philosophical or political point of view.



I will come back to the Perry case, but let’s first take a look at the present state of same-sex marriage in our country and how we got there .



In 1993, the Hawaii Supreme Court ruled that laws denying same-sex couples the right to marry violated state constitutional equal protection rights unless the state could show a “compelling reason” for such discrimination. In 1996 a trial court ruled that the state had no such compelling reason and the case headed back to the Supreme Court. However, in 1998, before a final ruling was issued, voters adopted a Constitutional amendment giving the Legislature the power to reserve marriage to opposite-sex couples, effectively ending the lawsuit.



On November 18, 2003 the Massachusetts Supreme Judicial Court held, in the case of Goodridge v. Department of Mental Health, that “barring an individual from the protections, benefits and obligations of civil marriage solely because that person would marry a person of the same sex violates the Massachusetts Constitution.”



“Marriage is a vital social institution,” wrote Chief Justice Margaret H. Marshall for the majority of the Justices. “The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial and social benefits. In turn, it imposes weighty legal, financial and social obligations.” The question before the Court was “whether, consistent with the Massachusetts Constitution,” the Commonwealth could deny those protections, benefits and obligations to two individuals of the same sex who wish to marry.



In ruling that the Commonwealth could not do so, the Court observed that the Massachusetts Constitution “affirms the dignity and equality of all individuals,” and “forbids the creation of second class citizens.” This conclusion is reached, the Court said, giving “full deference to the arguments made by the Commonwealth.” The Commonwealth, the court ruled, “has failed to identify any constitutionally adequate reason for denying civil marriage to same sex couples.”



The Court affirmed that it owes “great deference to the Legislature to decide social and policy issues.” Where, as here, the constitutionality of a law is challenged, it is the “traditional and settled role” of courts to decide the constitutional question. The “marriage ban” the court held, “works a deep and scarring hardship” on same-sex families for “no rational reason.” It prevents children of same-sex couples “from enjoying the immeasurable advantages that flow from the assurance of a stable family structure in which children will be reared, educated and socialized.” “It cannot be rational under our laws,” the court held, “to penalize children by depriving them of State benefits because of their parents’ sexual orientation.



The court rejected the Commonwealth’s claim that the primary purpose of marriage was procreation. Rather, the history of the marriage laws in the Commonwealth demonstrates that “it is the exclusive and permanent commitment of the marriage partners to one another, not the begetting of children, that is the sine qua non of marriage.”



The court remarked that its decision “does not disturb the fundamental value of marriage in our society. That same sex couples are willing to embrace marriage’s solemn obligations of exclusivity, mutual support and commitment to one another is a testament to the enduring place of marriage in our laws and in the human spirit.”



The opinion redefines the common law definition of civil to mean, “the voluntary union of two persons as spouses, to the exclusion of all others.” Noting that “civil marriage has long been termed ‘a civil right,’’’ the court concluded that “the right to marry means little if it does not include the right to marry the person of one’s choice, subject to appropriate government restrictions in the interests of public health, safety and welfare.”



I would make note here that our own [Berkshire native] Justice Francis X. Spina, one of three dissenting justices in this 5 to 3 decision, stated that the issue is not the unequal treatment of individuals or whether individual’s rights have been impermissibly burdened, but the power of the Legislature to effectuate social change without interference from the courts. He emphasized that “the power to regulate marriage lies with the Legislature, not with the judiciary.”



Pursuant to this decision, the state of Massachusetts began issuing marriage licenses to same sex couples on May17, 2004. In the following six-month period, approximately 6,100 couples were married. Subsequently, about 1,000 have been performed each year.



In 2000, Vermont approved landmark legislation to recognize civil unions between same-sex couples, granting them virtually all the benefits, protections and responsibilities that married couples have under Vermont law. The Vermont legislation was the result of the state Supreme Court ruling in Baker v. Vermont that same-sex couples are entitled, under the state constitution’s “Common Benefits Clause,” to the same benefits and protections as married opposite-sex couples. The court ruled that the Vermont Legislature must decide how to provide these benefits and protections, either by legalizing marriage for same-sex couples or by establishing an alternative system. The Vermont Legislature chose to preserve marriage as the legally recognized union of one man and one woman but at the same time created a parallel system of civil unions for same sex couples that went beyond existing “domestic partnership” and “reciprocal beneficiaries” laws that exist in California and Hawaii and other jurisdictions in the country today.



In April, 2005, Connecticut became the first state to legalize civil unions without prompting from the courts.



In October, 2006, the New Jersey Supreme Court ordered the legislature to redefine marriage to include same-sex couples or to establish a separate legal structure, such as civil unions, to give same-sex couples the same rights as heterosexual couples. In late 2006, the legislature passed a statute allowing civil unions beginning in February, 2007.



New Hampshire passed legislation authorizing civil unions, which took effect on January 1, 2008.



In May, 2008, the California Supreme Court ruled that same-sex couples should have the right to marry. The ruling took effect in mid June and same-sex marriages were performed there for a short period of time before the ballot initiative, known as Proposition 8, was passed in November, again banning same-sex marriage. It is the constitutionality of Proposition 8 that is being contested in the Perry case.



In October, 2008, the Connecticut Supreme Court ruled that a ban against same-sex marriage was in violation of the equal protection clause in the state constitution. Connecticut became the second state to allow same-sex marriage.



In April, 2009, the Iowa Supreme Court ruled that the state’s ban against same-sex marriage was unconstitutional. The ruling was a unanimous one, 9-0, and was based on equal protection and fairness grounds. Supporters pointed out that, as with the electoral caucuses, “as Iowa goes, so goes the nation.”



In May, 2009 Vermont became the first state where the legislature, without judicial mandate, passed legislation to allow same-sex marriage. Maine and New Hampshire quickly followed, bringing the number of states to allow same-sex marriage to six. However, same-sex marriage was never performed in Maine because a ballot measure passed in November, 2009, repealing the law.



In December, 2009 the District of Columbia Council passed a same-sex marriage law. As with most such actions in the District, this was subject to a Congressional review period of 90 days. In what could be seen as a measure of its current temperament, the Congress declined to act, thereby allowing it to become law, just three weeks ago, on March 3.



In 1996, Congress enacted the Defense of Marriage Act, which bars federal recognition of same sex marriages and allows states to do the same. Since 1996, many states have enacted legislation prohibiting same-sex marriages or the recognition of same-sex marriages performed in another jurisdiction. States have traditionally recognized marriages solemnized in other states, even those that are contrary to the marriage laws of that particular state. Under the full faith and credit clause of the U.S. Constitution, states are generally required to recognize and honor the laws of other states, unless those laws are contrary to the strong public policy of that state. The constitutionality of the Defense of Marriage Act, as it applies to same-sex couples legally married in Massachusetts, is the subject of a pending lawsuit in the U.S. District Court for the District of Massachusetts, Gill v. the Office of Personnel Management, to which I will refer later.



Over half of the states have passed legislation defining marriage as between a man and a woman in their state constitutions. Arizona is the only state where a constitutional amendment on the ballot in a general election has failed. Typically, such amendments have passed with overwhelming majorities. There have been several proposals before Congress to amend the federal constitution, defining marriage as between a man and a woman and ensuring that states would not be required to recognize same sex marriages from other jurisdictions. Opponents of such an amendment cite federalism concerns in addition to support for same sex marriages. A constitutional amendment requires two thirds of the House and Senate and three quarters of the state legislatures for enactment.



The January 18 issue of the New Yorker published an article by Margaret Talbot entitled “A Risky Proposal,” which raised the question of whether it is too soon to petition the Supreme Court on gay marriage. Addressing that question, Ted Olsen said, “The Supreme Court has said over and over again that marriage is a fundamental right, and although our opponents say, ‘Well, that’s always been a man and a woman,’ when the Court has talked about it they’ve said it’s an associational right, it’s a privacy right, it’s a liberty right, and it’s an expression of your identity, which is all wrapped up in the Constitution.” The justices of the Supreme Court, Olsen said, “are individuals who will consider this seriously, and give it good attention.” Bill Moyers, raising the same issue, asked David Boies, “I’m leading up to a point that seems crucial to me in the whole history of the Supreme Court, which is at what time does it take on public opinion? I mean, for example, roughly 40 states have laws banning gay marriage. In other words you would be disenfranchising the voters of, not just California, and not just the Congress, if you go this route. And isn’t it risky to ask the Court to invalidate that much public opinion before the public is ready for it?” Boies responded, making reference to the 1967 case of Loving v. Virginia, the landmark civil rights case in which the Court, by a 9-0 vote, declared Virginia’s anti-miscegenation statute, the Racial Integrity Act of 1924, unconstitutional. He said, “When the Supreme Court held that it was unconstitutional to prevent interracial marriages, 64 percent or more of the population of the United States, about two thirds of the population…, believed interracial marriages were wrong. That’s a much higher percentage than opposes gay and lesbian marriage in this country today.”



When the Perry case was brought, there were many leading gay rights organizations that did not support the initiative, thinking it was premature. They saw a loss in the Supreme Court as setting back the movement for marriage equality. They felt that the odds for success were not good because the Supreme Court, in their view, does not typically get too far ahead either public opinion or the law in the majority of the states. The legal precedent that these groups were concerned about wasn’t Loving v. Virginia but, rather, Bowers v. Hardwick, the 1986 decision that upheld Georgia’s antiquated law against sodomy. It was 17 years before the Court was willing to revisit the issue, in Lawrence v. Texas, though by then only 13 states had anti-sodomy statutes. This time, the Court overturned the laws by a 6-3 decision, but with a dissent from Justice Antonin Scalia, who declared that the Court had aligned itself with the “homosexual agenda,” and that the opinion of the majority would clearly lead to an assertion by same sex couples that they have the right to marry. A reading of that dissent, in its substance and tone, would strongly suggest that Justice Scalia is not a vote to count on if or when the Perry case reaches the Court. Seventeen years was a long time to wait and the activists’ sense was that a loss now would make it harder to go to court later. “It will take us a lot longer to get a favorable decision if the Court has to overrule itself.”



When the Supreme Court decides whether a law violates the Equal Protection clause, it engages in one of three levels of scrutiny: rational basis, intermediate or strict. If the Court uses strict scrutiny, the law in question will be struck down unless it can be shown to have been “narrowly tailored to further a compelling interest” of the state. This was the standard applied in the Loving case. Strict scrutiny applies only when a law either interferes with a fundamental right or deals with a so-called “suspect classification” — religion, race, ethnicity or national origin. Olsen and Boies will try to convince the Court that sexual orientation is a suspect classification, and that lesbians and gays have been subject to a history of discrimination, are defined by an immutable characteristic that “bears no relation to their ability to perform or contribute to society,” and are “politically powerless.” In this connection, the plaintiffs called as an expert witness professor George Chauncey of Yale University, to give his opinion as an expert in the history of the United States as it relates to gender, homosexuality, sexuality and civil rights in the United States, with a particular focus on the history of discrimination experienced by gays and lesbians.



Vaughn Walker, the presiding judge, who was appointed to the bench by George H. W. Bush in 1989, could have relied on legal filings, primarily affidavits, to make his decision but instead chose to admit oral testimony on everything from the history of marriage to the history of anti-gay discrimination, from the fitness of gays and lesbians as parents to the definition of homosexuality. As David Boies said, “We brought in experts from all over the world, the leading experts in psychology and sociology and history and political science and anthropology.” “I think that anybody that saw the case that we put in….that we built a record… that you cannot look at and come away believing that Proposition 8 is constitutional."



In “A Risky Proposal” Margaret Talbot relates that David Boies is of the opinion that he could still argue, successfully, that Proposition 8 fails the much more commonly applied “rational basis” scrutiny. Under that test, a law is considered valid as long as it is logically related to a plausible state interest. But, Boies says, “There is overwhelming evidence of damage to gay and lesbian couples who cannot marry — and to their children — and no evidence that permitting gays to marry damages heterosexual couples. Olsen and Boies will aim to show that the motivation for Proposition 8 could only have been animus, a rationale that the Court does not look kindly on. In the 1996 case, Romer v. Evans, for instance, the Court ruled that a Colorado amendment that excluded gays and lesbians from anti-discrimination laws was motivated by anti-gay feeling, and was therefore unconstitutional.



The legal team for the defense in the Perry case is led by Charles Cooper, a Washington lawyer who succeeded Olsen as Assistant Attorney General under President Reagan, and by the Alliance Defense Fund, “ a sort of Christian conservative counterpart of the ACLU.” Cooper argued that the State of California has rational interest in upholding “procreative marriage.” At the heart of the case “are two competing conceptions of the institution of marriage, and of its central purpose,” said Cooper. We say the central and the defining purpose of marriage is to channel naturally procreative sexual activity between men and women into stable, enduring unions for the sake of begetting, nurturing and raising the next generation. Plaintiffs say that the central and constitutionally mandated purpose of marriage is simply to provide formal government recognition to loving, committed relationships.”



Bill Moyers asked Ted Olsen what Cooper’s most effective argument had been and Olsen responded that, with all due respect, he did not feel any argument had been effective. “But what really happened,” Olsen said, “which was a very eye opening event, during the course of a pre-trial proceeding…the Judge in our case asked my opponent, ‘What harm to the institution of heterosexual marriage would occur if gays and lesbians were allowed to marry?’ This went back and forth and back and forth. The judge kept wanting an answer. ‘What damage would be done to the institution of marriage if we allowed this to happen?’ And my opponent said, finally, he had to answer it truthfully. He paused and he said, ‘I don’t know. I don’t know.’ That to me sums up the other side.”



Returning to the pending Massachusetts case, Gill v. the Office of Personnel Management, in which the plaintiffs are challenging the federal Defense of Marriage Act, there are many legal scholars who feel it stands a better chance of success than Perry, although the two cases involve different issues and would have different legal ramifications. Gill challenges a section of the Act which prevents same sex couples from receiving the many benefits accorded to married couples at the federal level- from joint tax filing to health insurance for the families of federal employees- even though in the state of Massachusetts those couples are legally married. Gill insists not on the federal constitutionality of same sex marriage but on the unconstitutionality of denying federal benefits to a class of citizens whose marriages are recognized by the state.



Margaret Talbot notes that as seemingly modest as the Gill case is, it could help create a favorable climate for more ambitious challenges, including the Perry case. She quotes Thomas Keck, a political science professor at Syracuse University, who is an expert on the Supreme Court, “I don’t think any of us can predict how it’s all going to turn out. But Gill is a very well designed case, a well targeted challenge that has a good chance of winning and that broader challenges could be built on. If it wins, in a practical sense, we would have federally recognized same-sex marriage. At that point, it would be much harder to defend the federal government’s refusal to recognize same-sex marriage in other parts of the country.” Gill could also go to the Supreme Court, and if it makes it there first, and succeeds, it could help Olsen and Boies.



In his interview with Bill Moyers, Ted Olsen pointed out that, “When the Supreme Court had made the decision in Loving v. Virginia in 1967, striking down the laws of 17 states that prohibited interracial marriage, now it’s only what? Forty years later? Forty years later we think it’s inconceivable that Virginia or some other state could prohibit interracial marriage. It’s inconceivable."



In their felony trial in Virginia, the Lovings were sentenced to one year in prison, with the sentence suspended for 25 years on condition that the couple leave the state of Virginia. The trial judge in the case, Leon Bazile, echoing Johann Friedrich Blumenbach’s 18th century interpretation of race, proclaimed that: “Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix.”



On June 12, 2007, Mildred Loving issued a rare public statement, prepared for delivery on the 40th anniversary of the Loving v. Virginia Supreme Court decision. The concluding paragraphs of her statement read as follows:

Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don’t think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the wrong kind of person for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people’s religious beliefs over others. Especially if it denies people’s civil rights. I am still not a political person, but I am proud that Richard’s and my name is on a court case that can help reinforce the love, the commitment, the fairness and the family that so many people, black or white, young or old, gay or straight seek in life. I support the freedom to marry for all. That’s what Loving, and loving, are all about.


Photo by Bilericoproject, used under Creative Commons License.
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Sunday, March 21, 2010

Doing Sixty: Reflections on automotive proliferation and speed

Presented to the Club by Richard Nunley on Monday Evening, January 12, 1998.



Driving down the Maine Turnpike from Portland one Sunday last summer, we found ourselves in three solid lanes of traffic all traveling at high speed. Even in the right-hand lane we had to go 70 simply to avoid having the car behind (or the camper or the heavy-laden trailer truck from New Brunswick) climb our rear bumper. Cars in the left-hand lane must have been traveling well in excess of 80, much faster in my opinion than the ordinary eye and hand can react within one car’s length to any sudden change.



To many drivers, such a situation has probably become routine. To someone like me who mainly putt-putts short distances at slow speeds around the Berkshires, it raised the question whether evolution has prepared us for the prolonged intensity of mental stress, physical immobility, and hormonal readiness-for-anything that high-speed, traffic-dense interstate driving demands. Is such tension conceivably a contributing factor of our epidemic rates of personality disorder, family instability, heart disease, maybe even cancer?



It made me think back to the first time I ever did 60 — the first time I ever went “a mile a minute.”



Reconstructive memory says it must have been in the summer of 1938, when I was either a late 6 or early 7-year old.



Junior Bancroft, the son of a family friend, had been given a cream and green “V-8” roadster for a graduation present, whether from school or college I don't remember if I ever knew, and all that summer in white flannels and polo shirt and slick Vitalis hair he tooled about dashingly from beach to tennis count to yacht club in his peppy little car.



One day he magnanimously asked us little kids to go for a ride. I remember my hesitation; I wasn't sure I wanted to go a mile a minute, and through my mind passed all the stern expressions of disapproval I had overheard grownups exchange about wild young fellows, as well as the guys’ own brags about being chased by the police for speeding — the police!



But before I could think how to articulate my anxious reluctance, I found myself lifted by his tanned geniality into the rumble seat and told to hang on.



Of we went, past Grandma's house, past Mr. Josselyn’s store, past the creamery, past the coal sheds by the railroad depot, past Stackhouse Pond, faster and faster past sumac thickets and village elms and cornfields and stone walls that flew by in a giddying blur to the straight new State Road where he could “open her up.”



The car roared, wind blinded and deafened me and took my breath away, and the Howard Johnson's (new then) was merely the orange flash of a split second as we tore by.



Somewhere on the straight stretch through the woods he “opened her up and hit 60!” and I was never so relieved as when he slowed down, turned around, and took us back to ice cream cones at HJ’s. I was limp in the leather rumble, and trembled as I licked my butter pecan.



Apart from that spectacular spin, rides in cars were few and far between in my childhood.



Not until I was an adult did I acquire that second-nature easiness with a car that marks most 20th century Americans comparable to the classic cowboy's familiarity with his horse, and never have I acquired the deep intimacy with engines that keeps both man and machine contentedly purring.



The main reason was that I was given to being carsick within a mile of setting out on a journey. The driver of the car, usually an aunt or uncle, was not always painstaking about disguising his or her irritation at being obliged to pull over on short notice and watch time evaporate while somebody else’s wretched child gushed and dribbled his breakfast or lunch over the roadside grass and leaves. Timid soul that I was, I so much dreaded their disapproval that on any subsequent outings I did not always give sufficient warning and my churning stomach would spew its unlovely contents over the plush of the back seat before the car could be stopped. The upshot was that I passed months at a time without getting into a car or going anywhere I couldn't walk to, a decidedly un-automotive childhood.



Perhaps it was partly genetic. In later years, her much older brothers and sisters all merrily laughed whenever the story was told of my mother’s attempts to get a license. On her third try she got so flustered coming down the long slope of Egypt Hill toward a closed set of level-crossing bars that she totally forgot how to stop. The day was saved only by the quick reactions of the agile DMV inspector who was able to stamp on the brake pedal and pull up the emergency mere feet from the crossing as the 9:40 accommodation neared. She never tried again.



Probably the Depression had something to do with my immobile childhood, too. In after years my father was fond of observing that he lost his job, he lost his savings, he lost his house — and then I was born. Three years later my mother died. My brother and I were taken in by an aunt and her husband and my father went to board with my grandmother, both households more attuned to the carless McKinley administration than to the automotive era of FDR. All in all, it was not a time for much joyriding.



Interestingly, though, members of the family who did have cars managed to keep them despite the Depression. Uncle Bob and Aunt Julia and Aunt Annie all had Model A Fords, Aunt Ethel had a Packard (operable only in summer; every Columbus Day she had it put up on blocks and went to live in Boston until the 19th of April); Uncle Dick always had a Pierce Arrow. I can't remember what make my father's car was, salvaged as it must have been from the wreckage of his hopes and plans, although I remember it was a coupe with a windshield that opened outward at the bottom and had little ball-fringed pull-down shades on the round windows just to the rear of the driver’s and passenger’s doors.



I learn from Tom Lewis’s recent book, Divided Highways, that these men and women of the 30s were not unusual, for car ownership remained fairly constant even through the direst years of the Depression. By the 30s cars had ceased to be pleasurable playthings and for the majority of households, especially in country parts, had become basic necessities like electricity and telephones.



In 1929, 26.5 million cars were registered in this country, up from 108,000 in 1906, and from 9.2 million in 1920. By 1939, 31 million cars were registered, the population of the country then standing somewhere around 140 million.



In 1939, a 21-acre parking lot, the biggest ever at the time, was opened at the New York World's Fair (the emblem of this fair, whose theme was “Building the World of Tomorrow,” being the famed Trylon and Perisphere). The parking lot accommodated 43,000 cars at once, many of them, no doubt, “streamlined” in the up-to-date tear-drop shapes made the standard of fashion by designer Norman Bel Geddes. The next year the Pennsylvania Turnpike was opened, and the following year war production ended the output of civilian cars for the duration.



Teenagers today probably couldn't readily conceive of how unusual Junior Bancroft was in having a car of his own in 1938. The general rule was one car per household, if that. Youth, like the aunt and uncle who brought me up, had to depend on rides from others, and being allowed to take the family car for the evening was a rare and grave exception to normality.



As I recall, at college in the late 40s and early 50s, only second-semester seniors were allowed to have cars on campus, and then only if they were not receiving financial aid. Not even veterans could legally have cars (although these battle-tested Marines and Flying Fortress navigators and parachutists and tail gunners managed, I’m sure, to find ways and means to park their V-8s and Henry J's quietly downtown or out among the married-housing prefabs).



I remember the Hudson Terraplane my father let me borrow to take back to Winter Carnival my senior year. It was a two-seater, but huge, much bigger than the little Festiva I drive today. It rose above fenders of Wagnerian dimensions. I don't know how he came by it — it was not like him to keep spare cars on hand. I don't know what year it was — I think pre-war, but what I do remember is that it was an automatic.* The gear shift was a small nickel box on the steering column with little tabs you pressed down for first, second, third, reverse, or overdrive. Running, it hummed a merry high-pitched whine, as if it were pleased to be out on the road. I've never seen (or heard of) another like it, and although it was “mine” for only a weekend, I remember it still.



I remember driving it across a sparkling New Hampshire early the morning after a January blizzard, up through Jaffrey, Antrim, Washington, Goshen and on to Cornish, Lebanon, and Hanover, almost the only car on the road, up hill and down dale, through woods and snow-blanketed villages and past family farms that were still viable, though within a decade most of them would go under, victims of a changed economy and the advent of a different way of life brought on by the car itself and the change-accelerating toll turnpikes and interstate highway system that came in its wake.



In 1939, there were, as we have said, 31 million cars on the road. In 1953, the year of my ride across New Hampshire in the Terraplane, there were about 38 million. In 1993, the most recent year for which I have found statistics, there were 146.3 million, up 42 million in the 13 years since 1980. If we add in trucks and buses, in 1994 there were 201.8 million vehicles on the road.** In 1993 passenger cars rolled up 1,624,000,000 miles of travel.



Our perception that there are ever more cars on the road is indeed borne out by statistics, and it’s not likely that too many of them on the open road keep it down to 60 — within living memory thought of as the ultimate in speediness.



Do you remember the first time you went “a mile a minute” — or has that miracle always seemed normal and natural to you, the speed God intended as the very minimum on the interstate?



*The Terraplane was produced by the Hudson Motor Car Company from 1932 to 1939. 



**By 2007, total number of vehicles on the road had risen to 254.4 million.
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Sunday, March 14, 2010

A Centennial Celebration (of Sherlock Holmes in 1987)

Presented to the Club by David T. Noyes in 1987



Allow me to transport you back in time 100 years to the year 1887. Grover Cleveland is President. The U.S. Congress establishes the Interstate Commerce Commission and first leases Pearl Harbor as a naval station. The Marine Biological Laboratory is founded at Wood’s Hole and Frank Sprague builds the first successful electric trolley line. Joseph Pulitzer is earning his reputation as editor of the New York World. The winning horse in the Kentucky Derby brings his owner $4,200, and betting at the track becomes legal in New York State. The fastest time for the one-mile run stands at 4:21.4. The Monday Evening Club is closing in on the end of its second decade.



On the world scene, Van Gogh and Toulouse-Lautrec are in their prime. Verdi opens his opera Otello in Milan. St Petersburg enjoys the premiers of Rimsky-Korsakov and Tchaikovsky. Queen Victoria celebrates her Golden Jubilee.



It is also the year that a tall, trim athletic 26-year-old doctor gave the world its first consulting detective, Sherlock Holmes. Like many others, I first came to admire this character as a 12-year-old adolescent. On the occasion of the 100th anniversary of his creation, I would like to share with you tonight some of my thoughts about Sherlock Holmes and his creator, Sir Arthur Conan Doyle.



Conan Doyle began his practice in 1882 in the Southsea section of Portsmouth. For this beginning professional they were lean years. During his first year he earned £150, the second £250, and the third year stabilized at about £300 per year. A tax declaration form was returned to him by the inspector of taxes with the notation “most unsatisfactory” and Conan Doyle is said to have sent it back with the comment “I certainly agree.” In 1885, he passed the requisite exams and the University of Edinburgh made him a Doctor of Medicine. During those early years he wrote stories to supplement his income, achieving some success with the popular magazines of his day. His first real break came with an unsigned story published in the Cornhill Magazine. The Cornhill had been edited by Thackeray and carried contributions of Robert Louis Stevenson.



A Tangled Skein, the original title of the first Sherlock Holmes adventure, was written during three weeks of March 1886. In subsequent drafts it became A Study in Scarlet. The physician narrator was initially called Ormond Sacker. He was modeled after a thin, dark-complexioned friend of Conan Doyle’s — Dr. James Watson. Eventually the author retained the surname, changing the first name to John. Conan Doyle appears to have had difficulty deciding upon just the right name for his detective. His first notes use Sherringford Hope, recalling the Hope whaling ship on which Conan Conan Doyle served seven months as physician. Subsequently Hope became Holmes, after Oliver Wendell Holmes, who in 1886 made a much publicized trip to England. The first name later became Sherlock reflecting Conan Doyle’s Irish heritage. The inspiration for the character came from Dr. John Bell, a famous University of Edinburgh physician under whom Conan Doyle had studied. In an age where observation was crucial to the study of medicine, Dr. Bell excelled. To the amazement of his puzzled students, Bell would announce that a patient was a left-handed cobbler or a linoleum worker from Leith. Then he would explain his conclusions based upon the color of the clay on the patient’s boots, the dermatitis on the fingers or the worn areas of a pair of trousers.



The novel was rejected by the Cornhill as being too long for publication in one issue and too short for serialization. It was rejected on two more occasions before, late in 1886, the editors of Ward, Lock and Co. agreed to publish it. They told Conan Doyle, however, that the market was flooded with cheap fiction and it would be a year before it could be printed. They offered £25 for the copyright. Conan Doyle countered with a demand for royalties, which the editors flatly refused. The author relented, feeling that at least his name would be brought before the public. Thus the first Sherlock Holmes novel appeared in paperback in Beeton’s Christmas Annual as a “shilling shocker.” There is no known review of the novel following its original publication.



Two years later, the American editor of Lippincott’s Magazine encouraged Conan Doyle to write another Holmes novel. The Sign of the Four appeared in 1890. It too was not widely circulated or appreciated. But this was the year the Strand Magazine came into existence — a periodical designed for popular journalism: photos on every page, adventure stories, portraits of celebrity homes, and interviews of the famous. In its first year its circulation amounted to 300,000 copies per month. A year later the Strand enticed Conan Doyle to write six Sherlock Holmes stories for £35 each. Very quickly his popularity rose. Although the tradition of detective fiction was not established, public enthusiasm for the genre abounded, partly because many of Holmes’ cases had references to contemporary scandals. The editors increased their offer to £50 per story for another six adventures. The following year after a severe case of influenza Conan Doyle decided to forgo medicine and write full time. He earned £1600, five times his best income as a physician.



Although Conan Doyle could quickly compose these stories, he was tiring of the character. The Strand begged for more material. Conan Doyle set what he thought was an absurd figure of £1000 for another ten stories. With a circulation that had expanded to half a million, the Stand readily agreed.



To Conan Doyle’s mind, the only way to rid himself of the detective was to finish him off. We learn from among 1,500 letters he wrote to his mother that it was only her love for the character that prevented Conan Doyle from acting sooner. In 1893, "The Final Problem" appeared. Twenty thousand subscriptions were canceled immediately. In London, men wore black armbands and women appeared in mourning. It would be ten years before Conan Doyle repented and agreed to write 13 additional adventures. He received $5,000 per story for the American rights alone, believed to be the highest price paid up that time.



But from where does Sherlock Holmes derive his long-standing appeal? Well, perhaps we don’t all enjoy him. George Bernard Shaw called Holmes a drug addict without a single amiable trait. Clearly Holmes has his vices — cigars, chewing tobacco, peppering his apartment wall with bullets, and a cocaine habit. He suffers from conflicting moods of exuberance and depression. He is vain, arrogant and impatient. He treats women with disdain as intellectual inferiors. Although he plays the violin, he is clearly not a Renaissance man. He remains purposely ignorant of astronomy and other subjects because they have no relevance to the art of detection. He is an agnostic, who sees life as a force of nature linking all events in an inevitable chain.



To his credit, however, he is a man of unswerving integrity. He is not impressed with rank or wealth. Our fascination with Holmes lies in his intellectual mastery of inductive reasoning. Time after time he determines brilliant inference from minute detail. His stated philosophy: “It is one of the elementary principles of practical reasoning that when the impossible has been eliminated, the residuum, however improbable, must contain the truth.”



Perhaps the appeal of this character lies in his clairvoyant grasp of events. He makes up his mind about cases assuming the role of both judge and jury. He will then frequently act as an accomplice to the crime in order to prove his solution. We should remember that Holmes’ debut came at a time when all London feared Jack the Ripper. Newspapers cried out for just the kind of inductive reasoning genius that Holmes, in fiction, embodied. The continued failure of the police to solve the murders increased the need for a Holmesian hero. He was the bold Victorian knight helping the terrified ladies or nervous young men in distress. Similarly, for us today, he embodies our urge to correct injustice.



The appeal of Sherlock Holmes reaches across the boundaries of time, class, age and nationality. In 1958, the Conan Doyle estate reported receiving royalties in 72 currencies and almost anyone recognizes the name. Even more noteworthy are the large number of imitations and parodies that have been written, some by such noted authors as Bret Harte, Mark Twain and O. Henry.



There have been some 120 movies, 18 plays, and several thousand radio and television broadcasts of Sherlock Holmes stories. The list of participants reads like the Who’s Who of theater: Charles Chaplin, Orson Wells, Sir John Gielgud, Nigel Williamson, Robert Duval, Roger Moore, Patrick Macnee, Peter O’Toole, and John Barrymore.



Basil Rathbone’s portrayal popularized the cliché, “Elementary, my dear Watson,” making these the most famous words Holmes never said. Interestingly, the stereotypical Inverness cape and deerstalker cap are anachronisms, since the cap was worn only in the country and the cape was expressly used for long distance traveling as protection from the railway soot. The first actor to play Sherlock, William Gillette, chose a curved Meerschaum pipe, primarily because he felt it was more flattering to his profile, and the symbol has been part of the image ever since.



Columnists, editors, advertisers and politicians will conjure up the image of Sherlock Holmes to illustrate their causes. Art Buchwald recently implored him to help solve Iranscam [the Iran-Contra Affair]. Consider John Anderson’s comments in 1974 [about 18-minute gap in the Watergate tapes]: “Not only was the tape doctored deliberately, but it probably occurred in the machine that Miss [Rose Mary] Woods used. Certainly a limited number of people in the White House would have access to that machine. Sherlock Holmes has solved a lot tougher cases than that.”



Finally, perhaps the lure of these tales lies in the enjoyment of harkening back to a leisurely Victorian era: fog bound streets, gas lamps, telegrams rather than telephone. It was an age where people genuinely believed themselves in control of their environment, where they were as yet untouched by the long-term consequences of technology, such as nuclear proliferation, ecology and shrinking natural resources. There was popular acceptance of scientific principles at a time when science was still in a stage that allowed a reasonable grasp of the whole. One could understand the working of the steam engine or take apart a pocket watch. Today a computer chip has no moving parts. We can’t take off the back of a computer to watch it work. We take these advances on faith.



So then, several factors have contributed to Sherlock Holmes reaching his 100th year with so much popularity. His personality, intellectual capabilities, ability to solve crimes that seem beyond solution, caricatures, or perhaps the Victorian period itself — each have their advocates. But maybe it’s just simply that these adventures are good entertainment. This sentiment is perhaps best expressed by Conan Doyle himself in his 1929 preface to the Complete Sherlock Holmes: “I trust that the younger public may find these romances of interest and that here and there, one of the older generation may recapture an ancient thrill.”



Illustration: Portrait of Sherlock Holmes by Sidney Paget, 1904
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