By Thomas Harding

9.45 am, Wellness Center, Romney.

We were all waiting for the Governor of West Virginia. There were maybe 20 of us – fitness center staff in blue polo shirts, executives in neatly pressed grey suits, a state senator in bright skirt and jacket – waiting in the concrete and steel lobby of the newly built wellness center in Romney. We were all standing, except six-term mayor William Hicks who sat in the corner, cane in hand, muttering that it was about time the governor showed up, and how he wanted the day to be soon over.

Then he arrived. The governor: olive green summer suit, yellow and green striped tie, slicked-back salt-and-pepper hair of a 1950s movie star. He stepped spryly out of a state trooper’s green Explorer, and with press officer and assistant in tow, walked through the glass sliding doors and greeted the small crowd of notables. This was the first event of the day and he was upbeat, energetic, and attentive. 

At the end of a short speech praising the multi-million dollar building, which had opened a year earlier, the governor took a piece of paper from his jacket pocket – and just as he would at every public event and campaign stop throughout the day – he read a not-entirely-pertinent quotation. Five minutes later, right on schedule, the assistant whispered something quietly in the governor’s ear. It was time to move on to the next venue.

This was stop number one. Fourteen hours, ten events and a hundred miles later, Gov. Joseph Manchin III would finish up the day at a campaign gala in Martinsburg. It was going to be a long day. 

Joe Manchin III was born on August 24, 1947 and grew up in Farmington, WVa, population of 300, situated thirty miles southwest of Morgantown. He went to public schools and played basketball and football. He won a football scholarship to WVU, but his career was cut short by a knee injury.

While he was away at college, tragedy struck: the family grocery store in Farmington burned down. Manchin returned home to help rebuild the store. To this day he refers to this event as a turning point in his life, a lesson that you can pull yourself out of adversity through combined community effort.

At WVU Manchin met his wife Gayle Conelly. They married in August 1967, and they now have three children: Heather, Joseph IV, and Brooke. They are known by their six grandchildren as “Nana” and “Dadoo”.

Manchin’s grandfather, Joe Manchin I, or “Papa” as Manchin called him, was an Italian immigrant and coalminer. In 1927 Papa Manchin was fired from his job at the Farmington mine, because he was caught organizing for the union. He tried various jobs, including circus performer, where he was known as “Nicodemus the Strong Man,” and beer garden owner — a place where poker was played in the backyard. Joe Manchin III told me, with a glint of mischievous pride in his eye, that Papa may also have sold liquor out of the back of his garage during prohibition. Papa eventually settled down and set up the grocery store. Later Joe Junior set up a furniture and carpet store next door. Both would serve terms as mayor of Farmington.

After college, Manchin worked in his grandfather’s grocery store and his father’s furniture and carpet stores in Farmington. This was where Joe III learned to be a tradesman and how to do business in small West Virginia town.

On November 20, 1968, another tragedy hit the family: a massive explosion rocked the Farmington coal mine. Manchin remembers waiting at the company store to hear the news, being frustrated at how long it took to get information. When word finally came, the news was bad: His uncle and cousin had died, along with many of his classmates. The cause of the explosion was never determined. This event became another touchstone for Manchin. During the Sago Mine disaster years later, Manchin committed to swift communication to mine families. For first time Gov. Manchin became recognized on the national stage.

In the 1970s Manchin worked in the energy sector running Enersystems, a coal brokerage in Fairmont. This fact has been airbrushed out of his official biography. You will not find it on the official bio on the Governor’s website, or that of the Democratic Party or the National Governor’s Association. Enersystems is now run by the governor’s son, Joe Manchin IV.

In 1982 Joe Manchin III was elected to the House of Delegates. Four years later he was elected to the state senate. While in the senate, Manchin’s cousin, State Treasurer A. James Manchin resigned after being threatened with impeachment for defrauding the government. Manchin remembers this period as “a very difficult time,” but he says his cousin was ultimately vindicated when he was reelected to the legislature a few years later.

In 1996 Manchin sought the Democratic nomination for governor, but lost to Charlotte Pritt. She had the support of organized labor, and successfully painted Manchin as the pro-business candidate. Pritt lost the general election to Cecil Underwood. After winning the secretary of state post in 2000, Manchin won the governorship in 2004. This time he had the support of both the unions and the business community. In his inaugural address he said:

“Well, I can tell you this much, business as usual just won’t cut it anymore. We must pursue a new and different course. The days of giving in to those who would take advantage of our state and our system of government are over. The people of this state deserve better. You deserve better.”

Four years later, on January 9, 2008, in his annual State of the State speech, Manchin touted the achievements of his administration: the lowest unemployment rates in the state’s history; a smaller government budget; a budget surplus; $300 million to upgrading water and sewer projects; and an increase in broadband access from 57 percent to 80 percent in 2008 during his term.

The governor’s supporters think he has done a great job. One such supporter is Scott Rotruck who is Vice President for Chesapeake Energy, Chair of West Virginia’s Tourism Commission – appointed by the governor – and a contributor to Manchin’s campaign.

Rotruck says Manchin’s greatest achievement was the privatization of workers compensation in his first year as governor. “It took many people to achieve, but it wouldn’t have happened without Manchin,” he said. “The governor did it by bringing everybody to the table and making a compelling argument that the state would be better off if it took this course. It showed the world that we could affect meaningful change.”  

But there many things that the governor and his supporters do not brag about.

West Virginia is the only state in the county where the death rate exceeds the birth rates. According to the 2009 West Virginia Executive Budget, a report produced annual by governor’s office, this was due to the:

“High median age, risky job mix, and low health status of many of it residents. Second, the state attracts overall about as many residents as it loses from other states (low net migration). This is related to the states relatively slow economic growth.”

Not a very happy scorecard by any measure.

But things get worse. The state has the third lowest growth rate in the country, increasing by 0.1 percent from 2006 to 2007. This is the third year of deceleration in growth in successive years, all since Manchin took office.

On education, West Virginia is one of the bottom ten states in the 2007 rankings for maths, reading, writing and science according to the US Department of Education. West Virginia has the third highest obesity rate in the nation, at 28% of the population, and ranks second in terms of diabetes, with 9.8% of the population with the disease.

On energy, while the governor has declared we must work to reduce greenhouse gas emissions, he is an ardent supporter of coal powered plants, one of the biggest contributors of climate changing gasses and a huge contributor to the state coffers.

As the governor says, there is much more to do.

10.40 am, Romney Senior Center, Romney.

Event number two for the governor in Romney went swimmingly. The small white meals-on-wheels truck was accepted with open arms by the volunteers at the Romney Senior Center, a one level brick building downtown. Now drivers would be able to deliver 2,000 hot meals each week to the elderly, who would be grateful for the warm grub, company, and attention. This was the first of 17 similar trucks distributed by the governor statewide from a $600,000 fund. Romney was a proud pioneer, and thankful for the governor’s largesse.

After a brief cutting of blue ribbon and more photos, the drivers were sent off with a “Now go and deliver your meals, you lazy lot”.

The elderly ladies, who had dressed up for the governor’s visit, went indoors coffee. As they watched Manchin walk boyishly into the kitchen and grab something to eat — as though he was taking something from his grandmother’s refrigerator — they giggled coyly to each other. 

After a short break it was time for event number three

Noon, Hampshire County Judicial Center, Romney

Over 300 people came out in the hot noon sun for the ribbon cutting — this time a red ribbon. Most crowded onto the sidewalk, trying to stay in the shadows of the newly built courthouse. Most were from Romney, but also present were state delegates, two sitting members of the West Virginia Supreme Court, a candidate for the Supreme Court, as well as a candidate for U.S. House of Representatives.

One local resident in red suspenders and blue train driver hat, joked, “Next time I’m here it will probably be in hand-cuffs.”

A prayer was said, the pledge of allegiance was uttered, the national anthem was sung. Then the governor was introduced to great applause. 

Manchin is clearly cherished in Romney. To the crowd’s pleasure he spoke of his love for Hampshire County, how he had visited as a boy and fished on the banks of the South Branch of the Potomac, how he and his high school teammates looked forward to an away-game in Romney as a chance to get away from Farmington, how he loved the beauty of the trees and the valleys so much that he had asked his helicopter pilot to fly low on the way in that very morning. 

At the end of his speech Manchin pulled out the creased paper from his jacket and read another quotation.

1.30 pm, Taggart Hall, Romney

One and a half hours later the governor was at another, more intimate event, this time across the street at a beautifully restored 18th century building. In a small low-ceilinged room toward the back of the building, Manchin surprised 86 year-year-old Mary Susan Williams by giving her the 35th Star, West Virginia’s highest honor. After a few words – this time without a quotation from his cheat sheet – Manchin sat down. With Williams’ family gathered around in their Sunday best, she told stories of 1963, when Joe had stayed with her while visiting Romney for a football game.

“I remembered that he was Catholic, but I had made a ham for dinner,” she said smiling, her hand patting the Manchin’s knee. “It was a Friday night, so I asked him if he would like to eat fish. Joe says, ‘I’ll eat it … if you make it.’ He was sooo polite. He didn’t like to eat fish you see!” Everyone laughed.

Manchin looked at her with delight. He said, “That’s true,” and went on to tell the group that after the football game, which his team lost, his teammates and residents did the snake-dance through the streets of Romney. Manchin was clearly having fun, charming all those around.

I asked the governor’s assistant if it was always like this, with the governor jumping from one event to the next through an over-packed schedule that ground on from dawn to dusk. “Yes,” she said. “He works 14, 15, 16 hours a day. He likes it. That is why he does it. It would be too tiring to do it all if he didn’t enjoy it.”

Manchin later explained how he pulls it off. “People give me energy. I have to get out of the office. It’s the only way to see what is really going on. You meet people face to face. You ask them questions. This is where the rubber hits the road.”

2.00 pm, Unscheduled meeting with protestors, Romney

During his speech outside the judicial center in Romney, Manchin was interrupted twice by hecklers shouting questions about the PATH high-powered transmission line that is planned to crisscross the state from St. Albans in the southwest to Jefferson County in northeast. Both times Manchin stopped and told the protesters he would speak to the “concerned citizen” after his speech, and after the tour of the building.

The governor did meet with the protestors as he had promised, one hour later in a private session with only his press secretary and state trooper nearby. One of the protesters was Ralph Wojtowicz, a financial consultant who recently moved from Northern Virginia with his wife and baby twins to a new $600,000 home in Yellowspring, W.Va. Wojtowicz said he was impressed that the governor met with him, but he was not satisfied with Manchin’s answers. The governor had said the best he could offer was to raise taxes on Alleghany Power, and call for lower electricity prices for consumers. Manchin said he could do nothing to stop the actual transmission lines being built.

I asked Manchin about the PATH proposal. He said that he had looked into the project a year ago, when, he said, he had been told the lines would prevent rolling blackouts on the East Coast. He said he had not been “in the loop” since then. He appeared skeptical of the project, saying that if it was not good for West Virginia he would not support it.

A letter Manchin wrote October 3, 2006 contradicts his claim. Manchin supported the project in a letter to the U.S. Secretary of Energy, writing that he “supported” the PATH project and “encouraged” the secretary to proceed with it as planned.

Wojtowicz is not the only person unhappy with Manchin’s role in the transmission line. Delegate Stan Shaver, Democrat, whose 46 district would be bisected by the transmission lines, had this to say in an email to a resident about Manchin: 

This is typical of how Manchin operates.  He negotiated with the power companies (behind closed doors) to offer consessions [sic] to landowners after all the public hearings were over, but the PSC had not made a ruleing [sic]. The PSC is worthless in WV. How can 99% of the people at these public hearing be opposed to something and the PSC pass it anyway.

Shaver told The Observer how frustrated he was with the process. “I know that the governor is supportive of taxation, but that will not help the landowner. The money will just go into the state’s general fund.” Instead, Shaver said, just as oil and gas companies pay royalties to landowners, he wanted to see the power companies pay royalties to landowners for the amount of electricity that runs through their land. He admitted, however, this was unlikely to happen. So far Manchin has not publicly supported such a proposal.

2.30 pm, Interview with The Observer, Romney

The governor was late. The meeting with the protestors had thrown him off schedule. He apologized as he came into the room, saying that he had been on the phone to Tim Kaine, the governor of Virginia. The same Tim Kaine who Manchin had publically supported as Barrack Obama’s vice-presidential running mate, before Joe Biden was chosen for the ticket.

I asked the governor about Barrack Obama and the primary campaign. Manchin accepted that Obama had been trounced by Clinton in West Virginia, but he didn’t think this was anything to do with the color of skin. “I don’t accept or believe race played a part in it any more in the country,” he said.  When I reminded him of the poll that showed that one in five voters in West Virginia affirmed that race was a factor in their decision-making, Manchin added “Maybe west Virginias were more honest about it.”

Manchin told me that he doesn’t agree with Obama on all the issues, in particular he differs with Obama on social issues: Manchin opposes gun control, abortion and same sex marriage. The governor waived off these differences saying that they are politically irrelevant. Without irony, he argued that social policy did not change significantly under President Bush – who appointed two right-leaning justices to the US Supreme Court and who then proceeded with countless socially conservative decisions – and that it therefore does not matter if you elect a President whose social values you don’t agree with.

Obama was running at least five points behind in the polls in WVa. To win, Manchin said, Obama needed to visit West Virginia more frequently. “The average person, they know me, I’ve been here, I am comfortable with them, they are comfortable with me, when I walk down the street they shake me by the hand. The same is true of Bill Clinton. To win, Obama must be the same. He hasn’t spent the time here.” The Governor told me that he had spoken directly to Barrack Obama encouraging him to come more often to West Virginia. So far the request had not been satisfied.

The assistant in the black nylon dress stepped in, it was time to wrap up my conversation with the governor, “They have been waiting for quite some time”, she said. The governor stood up and walked to his next event.

3.00 pm, Opening the County Heritage Days Festival, Taggart Hall, Romney

There were maybe twenty people standing inside the band-stand next to Taggart Hall. Many were the same people who I’d seen at the other events. It was at ninety-five degrees with high humidity. People waived their hats to stay cool. The assistant and the governor’s security man retreated to the shadow of a nearby oak tree.

The governor congratulated the gathered citizens on the work they were doing, announced the opening of the festival, and once more, took out his sheet of paper with quotations and shared an axiomatic gem with the crowd.

What the governor didn’t talk about was the heat he was getting back in Charleston for stepping into the hottest legal case currently before the state’s Supreme Court. In July 2007 a jury in Harrison County, W.Va., awarded $382 million to thousands of residents of Spelter in a civil case against DuPont. The verdict found that DuPont had significantly damaged the health of Spelter residents by dumping zinc, cadmium, arsenic, and lead from mining operations there. They had been complaining since the early 1920s, and finally their complaints had been heard.

DuPont petitioned the West Virginia Supreme Court to hear its appeal on the case. Unlike many other states which have an intermediate court, there is no automatic right to appeal in civil cases to a higher court. As with the U.S. Supreme Court, a defendant must petition the court to review their case. The court has discretion about which cases it hears.

The same day DuPont filed its appeal, Governor Manchin filed an amicus brief encouraging the Supreme Court to take the case. This was the first time in West Virginia history that a governor interceded in a case to which the state was not a party.

Reacting to criticism against him for stepping into this case, Manchin has said he is not taking sides in the case. He has claimed he wants to ensure that cases involving punitive damages receive a full airing from the Supreme Court, and that he was not weighing in on behalf of DuPont.

But when I spoke with him, Manchin admitted that he became involved with the case because he was concerned that if DuPont lost then it would deter other businesses from investing in the state. “I am worried about people exiting faster than they are talking about leaving. I have whole industries [leaving]. They don’t know what their liabilities are and what they are subjected to. They don’t know if they will get due process. I want to make citizens protected, but the bottom line is same just as I want citizen to have due process I want it to be fair for everybody.”

Attorney General Darrell McGraw has not filed an amicus brief on this case. In an interview with The Observer, McGraw said that like the governor, he had been intensely pressured to file an amicus brief by friends, politicians, and businesses. He said that he resisted because he had seen for himself the situation in Spelter. McGraw described the governor’s intervention in the case as “highly unusual.”  He added that the governor’s admission that he filed the amicus brief in order to promote the business environment was “more accurate” than his assertion that he acted in order to preserve due process.

The case has drawn attention from outside the state. Reporters for the New York Times revealed that Manchin’s secretary had been a community outreach officer for DuPont in Spelter. Manchin’s lawyer had also worked for DuPont. Manchin has said his intervention in the case had nothing to do with either staff member.

Manchin’s critics say the DuPont case is another example of the governor’s cozy relationship with big business at the expense of ordinary people. His supporters, like Scott Rotruck of Chesapeake Energy, say that the governor made the right move because these types of cases with high punitive damages are “perceived as deterrents to business”.

4.00 pm, Marios Restaurant, Romney

Finally, the governor gets to eat. Marios is a small haven of Italian linguini and antipasto, tucked into a little park opposite the new judicial center in Romney. It is easy to imagine that the tastes and the smells were a coming home for the head of West Virginias First Italian Family.  But as with all families, there are times when they bring joy and times when they bring heart-ache.

In 2007 Manchin’s governor’s daughter, Heather Bresch, was awarded an M.B.A. from West Virginia University, despite having completed only 22 of the required 48 credits. In April 2008, following investigative reporting by the Pittsburgh Gazette, W.V.U. rescinded Bresch’s degree.

In a press statement issued May 19, 2008, Manchin said, “It has been extremely difficult for me to watch this controversy unfold.” He added, “At no time would she have asked anyone to either ‘guess’ as to her records or to fabricate grades on those records. As a result, Gayle and I are both angry, in particular, at the fabrication of grades that took place, because it unfairly damages our daughter’s reputation as much as it does the University’s. It was absolutely wrong and, in my mind, completely unacceptable.”

By summer 2008 the provost, dean, and, eventually, the President of W.V.U., Mike Garrison, had all resigned in direct response to this affair. Some wondered Manchin had influenced the decision of W.V.U. or its subsequent investigation.

Bresch is chief operating officer of Mylan Industries, whose C.E.O. is a close friend of Manchin, and who has contributed large amounts of money to Manchin’s campaigns and W.V.U. In various public statements Manchin has said that he did not influence the university’s administration in any way.

By September 2008 the scandal had grown. A Special Investigations Committee of the Legislature was asked to investigate whether W.V.U. or its staff had committed criminal wrongdoing. The proceedings of this committee are private, and will likely take many months to complete. Its report will not be released until after the November elections, in which Manchin is running for reelection.

Jonathan Miller, a Republican Berkeley County delegate to the state house, told The Observer that he was glad that the committee was created, but was concerned about its secrecy. “It is still behind closed doors,” he said. “This investigation should be carried out along with the Judicial Committee, which would be open, allowing people to follow what was happening.”

Delegate Miller also criticized Manchin’s candor in this affair. “I know that the governor has been adamant that he was not involved,” said Miller. “But he needs to provide an alibi. He has yet to give all the information on this matter. If I were in the governor’s shoes, I would try and remove all doubt. I would release all email and phone records during the time period of the Bresch scandal. I would remove any doubt that I had any connection or contact with the administration of W.V.U. or President Mike Garrison. This has yet to happen.”

7.00 pm, Jefferson-Jackson Dinner, Martinsburg

The Jefferson-Jackson dinner in Martinsburg is wrapping up. The governor looks tired. Once more he raises his eyes towards the flag as someone sings the national anthem. Once more he places his hand over his heart as the pledged his allegiance is recited. But he looks far less committed to the proceedings than at the start of the day, less certain, more eager to be done with the pomp and ceremony.

Few doubt that Manchin will be re-elected as governor for four more years. Governor Manchin has over 2 million dollars in his election coffers while his opponent, Russ Weeks, has less than $15,000.  Even Russ Weeks’ campaign advisor Gary Abernathy admits that Weeks faces ‘a big challenge’.

Manchin will be 65 at the end his second term. Currently he is chair of the Democratic Governors Association and the Southern Governors’ Association; he’s also president-elect of the Council of State Governments. But approaching 70 years of age after his term, will he take the leap into national politics?

Over the years many journalists have Manchin how he would respond if octogenarian Senator Robert C. Byrd were to die while Manchin was governor — it would be Manchin’s responsibility to name a successor. When I asked him, Manchin gave his stock answer that he would chose the best candidate to replace the Senator. However, he added something new. For the first time, when asked if he would he consider appointing himself, the Manchin said, “No. I would not appoint myself. I do not believe in that.”

Right now Manchin’s focus is on his reelection campaign. In Martinsburg, for one final time on this long day, finally, the governor stands and addresses the crowd in his now-crumpled suit. He repeats many of the lines I have heard all day: “While West Virginians may not rank highest in terms of educational qualifications, they are top of the list when it comes to a Ph.D. in life,” and, “Vote for me for what I will do in the next four years, not what I have done in the past four years,” and, “I’m more proud of you than you are of yourselves.”

At the end of the speech, he takes the now creased paper from his jacket, and reads one last quotation. The crowd applauds politely. They too are eager to wrap the day up. They too have had a full day’s work, and are already thinking about the next.

Joe Manchin III sits down. He drops his head a bit, looking weary. Tomorrow will see another ribbon-cutting at a judicial center, this time in Berkeley Springs, and the opening of a new hotel at the racetrack in Charles Town. 

It has been a long day for the governor of the great state of West Virginia. Tomorrow is likely to be another.

By David Lillard

Each July in Jefferson County, the curtain rises on a growing variety of arts, entertainment, and cultural offerings. From the Contemporary American Theater Festival’s five-play repertory to Shepherd University’s quiet historical walks featuring characters in historic dress, from the 10th annual Goose Route Dance Festival to the Over the Mountain summer art show, there’s a lot to see and hear. Plus, there’s a new art gallery in Charles Town, one celebrating its three-year anniversary in Shepherdstown, and a new art school in Shepherdstown. The month ends with an arts and humanities weekend in Shepherdstown called Uniquely Shepherdstown.

CATF 20th Season

The Contemporary American Theater Festival rolls into its 20th season with five plays in rep at three venues. Almost as remarkable as the idea of 20 seasons for CATF is the sense that the festival has remained true to its founding ideals of challenging audiences, being a playwright’s theater, and daring to do the unexpected with faith in the audience to come along.

Enter The Eelwax Jesus 3-D Pop Music Show. For every theatergoer who has wondered aloud, when’s producing director Ed Harendeen going to start doing musicals, Eelwax Jesus was probably not what you had in mind. But unless your taste for music theater storytelling is stuck somewhere in the Austrian Alps—heck, even if it is—this should be a lot of fun. One informal “focus group” likens the tunes to Cuckoo’s Nest meets Monte Python with a soundtrack inspired by Leonard Cohen with Nick Cave & the Bad Seeds. But even that description is too limiting—and it doesn’t account for the kitch.

It takes place in a “socially isolated group home where residents are fed a daily dose of the charismatic Mr. Shine,” say the CATF liner notes. It’s a CATF world premiere featuring longtime CATF favorite Lee Sellars, who also composed the music. He teamed with Max Baxter, who wrote the book and music. Sellars devotees won’t be surprised by the offbeat humor, but picture this: he’s been playing Officer Krupke in the second year run of Arthur Laurents’ of West Side Story on Broadway.

Eelwax plays at the Frank Center main stage, a venue that was built for music.

The other plays in the five-play season:

Breadcrumbs, by Jennifer Haley. In this CATF world premiere, Alida is a reclusive writer of fiction slowly losing her memories. Reluctantly, she has come to depend on a young caregiver to complete her final book,  an autobiography. The two women wrestle over the nature of language, loneliness, and the essential self.

Inana, by Michele Lowe. On the eve of the U.S. invasion of Baghdad, one man, an Iraqi museum curator, plots to save the statue of Inana, goddess of war, from destruction by the invaders. Fleeing to London with his young bride, he makes a life-altering deal to ensure the statue’s preservation.


Lidless, by Frances Ya-Chu Cowhig. Fifteen years after being released from Guantanamo Bay, Bashir walks into the shop of Alice, his former U.S. interrogator. He’s tracked Alice down and wants her to know the emotional and spiritual pain she inflicted upon him. With her past brought to light, how does she explain her actions to her teenage daughter? Can Alice protect her from the truth?

White People, by J.T. Rogers. What does it mean to be a white American? What does it mean for any American to live in a country that is not the one you were promised? This is a controversial and darkly funny play about the lives of three ordinary Americans placed under the spotlight.

For ticket information, see catf.org

Speaking of Milestones, Goose Route

Ask Kitty Clark, director of the Goose Route Art Collaborative, what’s got her most excited about the 10th anniversary Goose Route Dance Festival, and you’ll get the subdued smile of a now seasoned producer. “We’re still here,” she says. “Ten years ago, I couldn’t see beyond getting the first season up.” During that first festival weekend dancers, choreographers, and audience members had a question she hadn’t yet pondered: Have you set the date for next year’s festival?

“It wasn’t until the fourth or fifth year that I allowed myself to think that this truly was an annual festival.” If it took Clark that long to figure it out, her audience and the performers were way ahead of her. Although the festival has matured over the decade, it’s winning formula emerged early on: Welcome the best choreographers and small dance companies to Shepherdstown, and make them truly part of a shared community experience involving audiences of all ages in workshops, discussions, and performance.

“Originally, we arranged for host families to house the dancers out of financial necessity. But the dancers and the families love it,” said Clark. “It’s part of the Goose Route experience. Our dancers go to the farmers market or restaurants, and people who saw them dance the night before want to say hello and chat.”

Offering dance companies memorable experiences like this has helped attract some of the most notable names in modern dance, which in turn has raised the profile of the Goose Route fest even higher in the dance community. Still, despite the success, a big challenge remains. It’s the “I don’t understand dance” crowd. Clark hears it all the time, and her response is always the same: “Don’t try to understand it. Just enjoy it. The dancers are beautiful, their movement is beautiful, and it’s fun to watch.”

Based on the packed houses for nearly every festival performance each year, clearly a lot of people have caught on to modern dance.

The festival opens July 16 and runs through July 25 with eight performances, two kids’ shows, six classes for adults and teens, three classes for children, and four post-performance discussions. Nearly all the events take place at the War Memorial Building, 102 East German Street, Shepherdstown. The full schedule and tickets are available at www.gooseroute.org

Over the Mountain Studio Tour Summer Show

Craftspeople and artists of Jefferson County’s Over the Mountain Studio Tour, which takes place in November, will preview their works at a special summer show during “Uniquely Shepherdstown,” the weekend of July 30, 31, and August 1.

Five different venues in town will present the art and craft of 20 artists. You can experience the diversity of Jefferson County’s craft and culture by artists who have been working cooperatively for over 20 years. The work these artists produce reflects the special quality of life that Jefferson County offers.

At the Bavarian Inn overlooking the Potomac River, heritage furniture maker Thomas McGarry, Birnum Wood Joinery, will be joined by Rebecca Jones, fiber, collage, and wood artist. Potter Joy Bridy’s special wood fired pots will complement the work of blacksmith Eric Johnson of Southwood Farm Forge.

At the CraftsWorks In Town studio, corner of Duke and Washington streets, Isabelle Truchon, creator of modern-day Byzantine arts, will be joined by Sheila Brannan, stained glass artist, and Linda Wright, with decorative painting on furniture, and Nancy Streeter, wood carver.

Greg Didden Associates at 107 West German street will host folk artists Pat Langerhans, who will be joined by quilter Elaine Mosel and photographer Teressa Blickenstaff-Kitts.

At Dickenson & Wait, Tara Bell presents “Dream Circle Art,” colored pencils drawings, collage, and prints.

The historic Entler Hotel rounds out the summer tour with fine silver artist and jeweler Carrie Singer, painter and printmaker Doug Kinnett, Anne Bowers’ Heirloom Baskets, Fran Brolle’s hot glass and silver jewelry, and Ren and Pam Parziale of Sycamore Pottery, with stoneware, salt, and redware.

The weekend show offers a glimpse into the incredible diversity of art from Jefferson County. Hours are 2pm to 7pm Friday, noon till 7pm Saturday, and Sunday 10am to 3pm. Check out www.studiotourwv.org for details.

Charles Town’s New Gallery

As Paul Pritchard’s involvement grew with the Arts & Humanities Alliance of Jefferson County (AHA!), it became clear to him and his wife Susan Ford Pritchard that local artisans needed a permanent space in Charles Town to showcase and sell their work. After a meeting with local artists in late 2009, the concept of using space in the Pritchard’s historic building in downtown Charles Town reached a fevered pitch.

The result of this inspiration? The recently opened Washington Street Gallery & Gift, an arts oasis showcasing the juried work of 40 local painters, jewelers, potters, sculptors, photographers, and other artists. The gallery held its grand opening during the last weekend of June.

Ford Pritchard sees the purpose of the gallery as two-fold: “to bring art to the community and bring the community to art. We both feel so fortunate to be living in an area that brims with all forms of art.”

And this is a truly democratic space. Whether people are buying or just window-shopping, whether they take a class—the gallery offers yoga instruction and art lessons—or get a piece of art framed, there is something that will appeal to nearly every price point.

“Without exception,” says Ford Pritchard, “people say this is just what Charles Town needs: a place dedicated to local artists and artisans and a place where people can purchase a quality, one-of-a-kind gift.”

Washington Street Gallery & Gift, 235 W. Washington St., Charles Town; 304-724-2090; WStreetGallery.com.

Birthday at Bridge

The Bridge Gallery is beginning its third year in business, and owner Kathryn Burns is looking forward to bringing in new and exciting artists and offering expanded framing services to the community.

The birthday year begins with an exhibit of new work by three exciting young artists. Local painter and Schuler School of Fine Art graduate Michael Davis will show new still life and portrait work as well as a series of life drawings. Jacob Stilley, a graduate of the Maryland Institute in Baltimore and heading to the New York Studio School to work on an MFA, is presenting a series of intimate interior spaces painted from life. Also on exhibit will be new sculpture by Frederick artist Gavin Gardner with a debut presentation of “Summer Bath,” a classically modeled full-size figure. Gardner lives outside Frederick, Md., and is working on private commissions in bronze. The summer exhibit opens Saturday July 10 with a reception from 5:30 to 7:30pm. The exhibit runs through August 1. Special pre-CATF show refreshments will be available on weekends.

The Bridge Gallery features local and regional art and offers full framing, design, and art consulting services. 8566 Shepherdstown Pike (Route 230), Shepherdstown WV 25443. For information, (304) 876-2300 or www.bridgegalleryandframing.com.

Doug Vaira contributed to the reporting on this piece.

The Observer’s Thomas Harding was awarded the 2010 Outstanding Journalist Award from the West Virginia Association for Justice on June 3, 2010 at the WVAJ 52nd Annual Convention and Seminar in Charleston, W.Va. Beth White, WVAJ executive director and Timothy C. Bailey, WVAJ past president, presented the award in recognition of The Observer’s efforts to shed light on the democratic process, in particular, the Freedom Of Information aAt request for petition names gathered for the November 2009 zoning referendum in Jefferson County.

In presenting the award White said, “The media play a critical role in exposing the abuses and corruption of government, corporate special interests and individuals–they are the watchdogs of our society.  The West Virginia Association for Justice honored Thomas Harding and the Shepherdstown Observer with this year’s media award in recognition of his commitment not only to  informing the public, but also ensuring that the First Amendment right  of freedom of the press to fully investigate and publish these stories  is upheld,” said Beth A. White, executive director of the West  Virginia Association for Justice.

On June 24, the U.S. Supreme Court issued an 8–1 decision in a First Amendment case that could impact the outcome of a case now before the West Virginia Supreme Court of Appeals. The high court ruled that disclosure of information on petitions for ballot referenda does not violate the First Amendment.

The Doe v. Reed case centers on the release of petition names gathered for the referendum on same-sex marriage in the state of Washington. According to Washington state law, petition names can be disclosed to the public as part of the open government process. Although there are differences in state law, the case bears similarities to Shepherdstown Observer v. Jennifer Maghan, a case brought by this publication that also focuses on the release of petitioners’ names.

The West Virginia case centers on The Observer’s Freedom of Information Act request for the list of petition names collected in support of a vote on the Jefferson County Zoning Referendum, which took place November 7, 2009. Jefferson County Clerk Jennifer Maghan refused to release the names, citing privacy concerns. Her decision was upheld by Circuit Court Judge David Sanders, who said that any document prepared by a private citizen group and given to a government body was not subject to FOIA.

In his supreme court opinion, Chief Justice John Roberts wrote: “Public disclosure thus helps ensure that the only signatures counted are those that should be, and that the only referenda placed on the ballot are those that garner enough valid signatures.” Roberts added, “Public disclosure also promotes transparency and accountability in the electoral process to an extent other measures cannot.”

Justice Antonin Scalia argued that concerns that petitioners would be harassed if their names are released do not outweigh the democratic benefit of the public scrutiny of these same names. “There are laws against threats and intimidation; and harsh criticism, short of unlawful action, is a price our people have traditionally been willing to pay for self governance. Requiring people to stand up in public for their political acts fosters civic courage, without which democracy is doomed. For my part, I do not look forward to a society which, thanks to the Supreme Court, campaigns anonymously and even exercises the direct democracy of initiative and referendum hidden from public scrutiny and protected from the accountability of criticism. This does not resemble the Home of the Brave.”

Said Charles Town attorney Stephen Skinner who, along with West Virginia University Law Professor Patrick McGinley, brought the suit: “The U.S. Supreme Court decision completely refutes the Jefferson County Clerk’s attempt to sandbag West Virginia’s Freedom of Information Act.”

The West Virginia Supreme Court has set oral arguments for Shepherdstown Observer v. Jennifer Maghan for Sepember 8. A final decision may be given before the end of the year.

For background information on the case see wvObserver.com.

Jennifer Maghan, County Clerk, and Ronda Lehman, the petition organizer, declined to comment on this story.

Washington, D.C. – Senator Jay Rockefeller and his wife, Sharon, today joined West Virginians and people across the country in remembering the life and legacy of Senator Robert C. Byrd.

“It has been my greatest privilege to serve with Robert C. Byrd in the United States Senate. I looked up to him, I fought next to him, and I am deeply saddened that he is gone,” Senator Rockefeller said. “He leaves a void that simply can never be filled. But I am lifted by the knowledge of his deep and abiding faith in God, I have joy in the thought of him reunited with his dear Erma, and I am proud knowing that his moving life story and legacy of service and love for West Virginia will live on.

“Senator Byrd came from humble beginnings in the southern coalfields, was raised by hard-working West Virginians, and triumphantly rose to the heights of power in America. But he never forgot where he came from nor who he represented, and he never abused that power for his own gain.

“My lasting thoughts and innermost prayers are with his family, his staff, the people of West Virginia, and all those who loved him.”

*** 

West Virginia Secretary of State Natalie E. Tennant released the following statement regarding the passing of Senator Robert C. Byrd, who died early today at the age of 92:

            “I would like to extend my sincere condolences to the family of Senator Robert C. Byrd’s family.

“It is difficult to put into words Senator Byrd’s contributions to the State of West Virginia and to the United States. It saddens me to think of a West Virginia without Robert Byrd. But that is what we face today.

            “We as West Virginians owe him a great deal. He represented us with dignity and class. The fact that he is the longest serving Senator in the history of our great nation shows that the people of this state loved him and respected him, and always appreciated what he was able to accomplish in Washington. He always kept the concerns of West Virginians close to his heart. Without his leadership and the way he fought for us, it is hard to imagine where we would be as a state.

            “But it is not just West Virginians who have lost a great leader. The people of The United States of America have lost a man who served as both Senate Majority Leader and Minority Leader, and also as President Pro Tempore of the Senate. He served as Senator longer than President Obama has been alive. He sat on powerful committees. He made extremely difficult decisions every day.

            “We will never replace Senator Byrd. He truly was a great West Virginian, and the people of our state have lost a trusted and powerful friend in Washington.”

***

Gov. Joe Manchin today released the following statement after learning about the passing of U.S. Sen. Robert C. Byrd:

“Gayle and I are deeply saddened by the passing of our dear friend and great senior Sen. Robert C. Byrd.

“Like all West Virginians, the news broke our hearts. Sen. Byrd was a fearless fighter for the constitution, his beloved state and its great people.

“He made a significant mark as a member of Congress in both our state’s and nation’s history. His accomplishments and contributions will define history for eternity.

“Our hearts and prayers go out to his daughters, friends and loved ones, his committed staff and to the people of West Virginia; we have suffered a terrible loss.”

***

Chief Justice statement on Senator Byrd s death

For immediate release Monday, June 28, 2010

CHARLESTON, W.Va.    Senator Byrd was the very embodiment of West Virginia s independent spirit in our nation s Capitol.  His dedication to his state, our nation, and the Constitution was exceeded only by his love for his wife, Erma.

His loss will be profoundly felt throughout West Virginia, as it is by me. I will miss him,  Chief Justice Robin Jean Davis said today. 

 ***

Charleston, W.Va.    A man of dignity and compassion, Senator Robert C. Byrd was beloved by his state. He cherished West Virginia.  Senator Byrd understood and appreciated the primary goodness of people from all walks of life and their contribution to the strength of this country.  Senator Byrd was not only a champion of the Constitution, but was also one of its most visible and capable guardians.  He understood that the Constitution continues to serve as the backbone of America.  As a member of the Judiciary, I deeply appreciated his stance in this matter.  Though Senator Byrd has now taken his rightful place in the history of this nation, his many contributions will continue on in the daily lives of the people whom he served.  My prayers are with his family.  We will miss our senator.

 - Brent D. Benjamin, Justice

Supreme Court of Appeals of West Virginia

***

Statement of State Senate President Earl Ray Tomblin on the passing of United States Senator Robert C. Byrd.

In the days and weeks to come many words will be written and spoken in tribute to United States Senator Robert C. Byrd. None, however, will rise to the greatness and great achievement this servant rendered to the people of our nation and especially for the citizens of West Virginia whom he loved so much. In Lincoln’s Gettysburg Address he stated that those who gave their lives for what they believed had already dedicated and consecrated the battlefield cemetery far above the words he spoke that day. In that same sense of duty, honor and country, Senator Byrd’s lifetime of public service speaks for itself. His record of accomplishment will continue to positively affect the lives of all Americans and stand as an example for future generations who will seek to serve.

As a man who experienced humble beginnings, and personal tragedies, he never gave up; never quit in his efforts to improve his beloved West Virginia. He was always ready to take advantage of opportunities not for himself, but for our State. His success has been unmatched.

We are all saddened by the loss of this great man. We will miss not only his presence and great ability, but we will miss his friendship and his outstretched hand, always willing to help those who could not help themselves. No man is indispensable, but he certainly is irreplaceable. May God bless the memory and ongoing accomplishments of this greatest of West Virginians.

In an interview with the Observer in 2008 Governor Joe Manchin made it clear that he would not appoint himself if Robert Byrd died during the senate term.

On June 28 2010, the longest serving senator in Congress, Robert Byrd, died in a Washington area hospital. While the state mourns his loss and remembers thankfully all that he brought to the mountain state, politicians are already positioning themselves on who will take this key seat held by a democrat for decades.

Here is the transcript of the conversation with The Observer:

Observer: God forbid something happens to Senator Byrd, I know you have been asked this before, what would you do in that situation?

Manchin: I will find somebody to appoint, that can represent West Virginia.

Observer: Could it be yourself?

Manchin: No.

Observer: It could definitely not be yourself?

Manchin: I would not appoint myself, absolutely not, I would not appoint myself. I don’t believe in that.

Click here for audio file:  Gov Manchin on Senator’s Byrd’s seat

Blue Ridge Press by David Lillard

I just spent a few days in my favorite national park, Shenandoah. It was great to escape cell phones, wi-fi, and email. It was even better to escape the “anger” being flashed on TV screens and splashed across newspapers. Enjoying the majestic Blue Ridge Mountains from Skyline Drive, it became clear that we Americans have much more to be thankful for than angry about. And though it’s unpopular to say it in some quarters, we taxpayers have often invested wisely.

Approaching summer, at a time when every family is stretching a dollar, national public lands offer vacation values to fit every budget. Near my home are national parks like the Chesapeake & Ohio National Park, Potomac Heritage Trail, Harpers Ferry and Appalachian Trail. Within a half-day drive are parks and public lands to fill every weekend in summer.

Interested in history? In western Pennsylvania, the Johnstown Flood National Memorial (www.nps.gov/jofl) tells a gripping and tragic story—a story with good guys and bad guys, heroes and villains, told for people of all ages. While you’re in the area, check out Fort Necessity National Battlefield, where George Washington fought for the British army in the opening battle of the French and Indian War (nps.gov/fone). In Central Pennsylvania, you can spend a few hours or several days—even rainy ones—at Gettysburg National Battlefield (nps.gov/gett) and one of the finest visitor centers in the world. You gotta see the world-famous cyclorama of the battle.

How about something by the seashore? Delight the kids with the wild ponies at Assateague Island National Seashore (nps.gov/asis), or catch a glimpse of migrating peregrine falcons at Blackwater National Wildlife Refuge (fws.gov/blackwater). Further up the Delmarva Peninsula are Prime Hook (fws.gov/northeast/primehook) and Bombay Hook (fws.gov/northeast/bombayhook), where shorebirds feast on millions of those strange refugees from dinosaur days, the horseshoe crab.

Down in North Carolina, rent canoes and paddle around Cape Hatteras National Seashore (nps.gov/caha). For the cost of a movie, you can camp in one of four campgrounds, then watch the sun come up over the beach—then go right back to sleep.

If you’re visiting Washington, D.C. this summer—whether to celebrate the nation’s history or protest against it—you can find a list of all the national parks in the national capital area at nps.gov/ncro/parklist.htm.

A few of the crowd pleasers include the Old Post Office Tower, which soars to 315 feet, above the Nation’s Capital. At the 270-foot observation level, catch a view of the entire city (nps.gov/opot/index.htm). Another popular favorite is the Jefferson Memorial, monument to the American patron saint of taxpayer irony. Jefferson preached small government, then spent lavishly from the national treasury on his own pet projects. He died drowning in personal debt after borrowing heavily to finance construction of his home at Monticello—avoiding debtor’s prison only through the generosity of his creditors. Do we hold this against him? No. Nor should we. His monument celebrates his contributions while acknowledging his humanity—it’s an inspiring memorial to a great and complex American (nps.gov/thje).

Within a day’s drive of my home are Great Smoky Mountains National Park to the south and Acadia to the north. In Great Smoky (nps.gov/grsm), the fishing is superb, the hiking leads to breathtaking views, and kids enjoy horseback riding. Visit in June to witness the wondrous synchronized firefly phenomenon, where, in a display scientists don’t quite understand, millions of fireflies blink in a seemingly coordinated rhythm like something out of Close Encounters. In Maine’s Acadia, explore the park’s scenic 45-mile carriage road system on a bike or horse-drawn carriage tour, or hike through forests and up mountains on 125 miles of historic hiking trails.

This list is just the beginning, and I didn’t even mention the millions of acres of national forest available for hiking, fishing, camping, wondering and relaxing—many with no admission charge. Buy a national park annual pass for the price of appetizers-for-four at a chain restaurant, and you can visit all these national parks for free.

So wake up, stop complaining, and start packing. Get away from all the noise for a day or two, and gain some perspective on your country. Sure, your government overspends from time to time, but some things are worth what we pay for them. If you’re a member of the “anger movement,” remember that spend-happy politicians are responding to voters like you, and that some of what they throw money at are the things you demanded of them.

As for me, I’m willing to pay more for parks and open space, and I’m not willing to give them up.

If you really want to play “tea party,” do it with your kids at a national park. Bring their dolls along, spread a blanket, and enjoy the view. It’s yours.

Dana Jenkins, director of the South Jefferson Public Library in Summit Point, has a commute that most Panhandle residents would envy. It’s all of two blocks from her home to work. But it hasn’t always been that close.

The library celebrated its 25th anniversary in 2009, but for most of those years it was housed in a tiny building on the road to Charles Town. Property in the center of Summit Point was donated for the new building, which opened in 2004. It’s a bright, cheerful brick building in a welcoming park-like setting with lawns, trees, and benches that invite you to sit down with a book. And, there is plenty of convenient, free parking.

The library quickly grew to fill its new home, and Jenkins said, “Frankly, we could already use more space. But we can access other libraries, so we don’t have to get everything.”

The library has just one full-time employee—Jenkins, who has been with the library since 1992—and five part-time employees. Jenkins also serves as the children’s librarian. Ongoing programs for children include a pre-school story time twice a week and a summer reading program for preschool through middle school.

Patrons come from a wide radius because the public library card is good at all area public libraries. She explained, “If you see a book you want in the computer catalog but it is in another public library, we can put a hold on it and have it brought here.”

The largest holdings are in the Martinsburg Public Library. South Jefferson has a courier who runs four days a week to bring books from Martinsburg and other nearby libraries, and the book will be there the next day. It takes slightly longer if the book has to be mailed; there is no courier service to Grant and Hardy Counties.

Jenkins says that easy readers and adult fiction are the most popular items. She keeps the library up-to-date by checking Amazon to see new releases, as well as the American Library Association’s Booklist, which provides librarians with reviews of fiction and non-fiction books, audio and video. Her choices are also based on word-of-mouth. “Patrons tell me what books they want. People want to read what they’ve heard about in reviews and on TV shows. We usually go with the best sellers.”

One wall holds a small reference collection. “The reference librarian from Martinsburg came down and made recommendations,” Jenkins explained. “Reference books are very expensive. Most people go to the computer now for reference.”

Books on CD are very popular with commuters, but cassettes are being phased out. They also have DVDs and videos, “You can see your movies for free,” she said.

Jenkins displayed the latest in audio book technology, the Playaway. It is the size of an MP3 player and has a whole book on it, at about half the price of a book on CD. “Playaways haven’t taken off very well yet,” she said, “but most acceptance is with people under 25. Many older people prefer books on CD.”

For a small library, South Jefferson tries to provide a bit of everything for its patrons. Jenkins is proud of all the services her library offers. There are local newspapers (including Winchester) and popular periodicals. FAX, copying, and notary services are available. “People who live close by don’t have to go into town,” she said. “They can get a lot of their business done right here.”

There are eight public computers. They have a 30-minute limit if there are people waiting; otherwise there is no time limit. “The public computers get lots of use,” said Jenkins, “particularly on weekends and evenings. Some people only come in for the computers. I wonder if they know we have books,” she laughed.

There is a large, airy meeting room that may be used by nonprofits and organizations. It has its own entrance so that it can be used after library hours. The meeting room is also used to showcase the work of local artists, in exhibits that run for two-month periods. “We’re already booked for the rest of the year,” said Jenkins. “Now the artists come to us. We used to have to go out and invite them.”

Four times a year, musical programs are held. She explained that they are trying to make music and art a part of the library. Curt Mason, vice president of the Library Board, organizes art and music programs.

Considering the future of books, Jenkins said she understands the attraction of digital reading devices, especially for travelers. “They don’t have to carry a book around,” she said. “But here I see the readers, and when you talk to people, they say they like to have the book in their hands. I hope books will be around for a long time.”

South Jefferson Public Library, 49 Church Street in Summit Point, is open six days a week, closed on Fridays. It is open on Sundays from 1pm to 5pm.

Now in its fourth year, Leadership Jefferson is a ten-month training program that brings together local professionals, and through a series of one-day workshops and overnight stays, builds awareness of self and society.

The man behind Leadership Jefferson is long-time resident and local attorney Andrew Skinner. He says that he learned much of what he teaches through the Army, where he still provides leadership development classes.  Skinner says that his aim is to help build leadership capacity in the area.

This year’s course, which will come to an end in June, includes a manager from City National Bank, the owner of Eden Design, an administrator from the racetrack, another from American Public University, a fundraiser for local nonprofits, a student, and the head of the county planning department. Many of the participants say that the diversity of the people in the program, and the networking opportunities that this produces, is one of the most exciting element of Leadership Jefferson.

“This has been an excellent way to network,” said Ronald Geigel, accounts manager at Charles Town Races and Slots. “I met interesting folks, we bonded very fast, all-in-all it has been fantastic.”

David Miller, who helps run the program and who also is a veteran in leadership training, says that they are looking to provide more than networking opportunities. Leadership Jefferson is about helping participants “become more thoughtful about leadership,” he said. “We try and help them become more active in the community.”

Each year the program starts with a two-day retreat that includes a hugely popular and highly competitive scavenger hunt that takes the participants across the county chasing clues and amassing somewhat arbitrary, but seriously entertaining, bonus points. The participants attend a series of issue-based monthly “modules” that comprise one-day tours of the county. Each focuses on a specific issue. This year the issues ranged from poverty, to education, arts, and tourism. In the middle of the course there is also an overnight stay in Charleston, where the group meets legislators and gets a tour of government buildings.

“I loved the program,” said Heather Mills of the Jefferson County Chamber of Commerce. “It has given me the chance to meet people I wouldn’t normally come in contact with.”

Participants are split into teams of four or five and are asked to organize one of the modules. For example in April 2010, one team, who called themselves “competitive slackers,” organized an educational day with visits to Washington High School, Charles Town Country Day School, Wright Denny, Shepherd University, and the Job Corp campus. For many of the participants this was their first experience with many of these institutions.

“For those people who want to understand what is going on in Jefferson County and who want to meet the people who make the decisions that shape Jefferson County, Leadership Jefferson is a must,” said Skinner. “Leadership Jefferson is creating a corps of extremely well-informed folks who are very motivated to improve Jefferson County, whether by starting or expanding businesses, creating non-profits, running for political office, or by volunteering.  Plus, quite frankly, it is great fun to go through the program.”

Leadership Jefferson plans to organize another program in 2010/2011. To find out more information contact: www.jeffersoncountywvchamber.org/leadership or call the Chamber of Commerce at (304) 725-2055.

We all want to be safe. Whether it is protection from contaminated water, cars with faulty brakes, guns in schools, or explosive gas in coal mines, we look to government to provide us a safe environment in which to live and work. This expectation of safety extends from the workplace, to the goods we consume at home and to the places where we have fun. It may be unpopular to say in this era of anti-government, tea-party activism, but there continues to be a role for government in ensuring the framework of security within which we live.

West Virginia has some of the strictest rules in the country governing commercial whitewater rafting. Unlike many other states, all guests on a commercial trip must wear life jackets. Each raft must have a first aid kit and throw-rope. Guides must obtain a license and receive state-sanctioned training. Given that West Virginia is one of the country’s top two whitewater destinations, second only to Colorado, we should be grateful that state legislators have stepped in so aggressively to maintain safety standards.

Tourism in West Virginia is a significant industry in the state. According to a study commissioned by the West Virginia Division of Tourism, over $4.38 billion is generated each year in travel-generated spending, and in some areas of the state, tourism is one of the primary sources of earnings and employment. With over a quarter of a million visitors each year, whitewater tourism is at the center of this important industry. And just like coal mining, the state plays a key role in ensuring safety—for both guests and trip guides.

However, accidents do happen. According to the nonprofit group, American Whitewater, with 55 deaths, West Virginia had the third highest number of whitewater fatalities between 1975 and 2009. One of these occurred in Jefferson County in September 2004 when Roger Freeman took part in a corporate team-building commercial whitewater trip on the Shenandoah (see article in this issue). The river was at least 12 feet above normal conditions, and yet the outfitter took Freeman and his colleagues on a guided trip. The result was catastrophic.

The Jefferson County operator of Freeman’s fatal whitewater trip says the state should not set cut-off points for commercial whitewater operators, no matter how high the water is or how fast the river is flowing. But other whitewater outfitters say that the state’s Whitewater Commission should set water level limits on the most busy whitewater zones—The Cheat, New River, Tygert Valley, Gualey, and Shenandoah—above which commercial trips should not be operated. Indeed, the State of Tennessee limits commercial whitewater trips on the Ocoee River above certain flow rates.

In our opinion, this is exactly the role government should play. If experts believe that commercial trips are not safe when water levels rise above a certain level, then these level should be set down in law. If not, it is easy to imagine how commercial interests might outweigh the safety of the inexperienced passengers. Just as coal operators would prefer government to leave them alone, so it is with commercial whitewater operators. But if they want their businesses to grow and thrive, both industries must embrace the role of regulators in ensuring the safety of all those involved.