AIR POLLUTION CONTROL ACT OF 1971
In 1970 Congress passed the Clean Air Act Provisions of which required each state to enact “adequate” air quality legislation. As a candidate for the Alabama House of Representatives, I campaigned on the issue of the preservation of our natural resources. My first session as a freshman legislator in Montgomery was in 1971. It was fortunate I met John Daniel, an engineer formally working for the EPA. It was a confluence of events, circumstances, and people. A front page photo in the Birmingham News expressed it better than many words. Folks were walking the streets wearing medical masks, as if they were in a snow storm –or perhaps a pandemic. They were, in fact, plowing through a storm of particulate matter emanating from the steel mills in and around Jefferson County. To a lesser extent, the paper mills in Mobile were releasing toxic matter in both the air and water in Mobile County. It was a situation that demanded immediate attention. Subsequently, a number of Air Pollution Control Bills were introduced by legislators from across the state. Representative Bill King of Huntsville, State Senator (and now Senior U.S. Senator) Richard Shelby, and the Chairman of the House Health Committee Bert Bank of Tuscaloosa were just three of the legislators which had a sense of urgency as to the necessity of legislative action during that 1971 session. The bill I sponsored had one advantage over the others introduced, John Daniel. The former EPA engineer was well educated on the technical requirements of the Clean Air Act passed by Congress. My contention was to let us act on this public health issue rather than the federal government. My priorities in government were first public health, second public education and third our free market economy. Some said my bill was anti-business because it necessitated additional expense for those businesses that had to invest in new technology as designated in the legislation. My position was just this: without a healthy and educated (skilled) workforce, then why would we expect a healthy, skilled free market economy that would include as many of our citizens as humanly possible.
We met with all the chief sponsors of the numerous Air Pollution Bills introduced in the House. In the spirit of compromise, unity and common objective, we all agreed to include the better language from each bill introduced and incorporate it into the bill I introduced (which had the better technical language provided by John Daniel) and we called it “The Unified Air Pollution Control Bill of 1971”. Upon passage of the bill in the House, all the sponsors of Air Pollution Control Bills received a standing ovation by the whole of the Alabama House of Representatives, mostly for the noted work, compromise, unity of purpose and concern for the health of Alabama citizens. It was a good day to be a public servant. However, the conventional wisdom around the Capitol was it would never pass the Senate and become an Alabama law.
In that 1971 Session of the legislature, Mobile was represented by some legislators that deserve enormous respect. Sage Lyons was Speaker of the House, Pierre Pelham (Author of the USA Medical School legislation) was President Pro Tem of the Senate (following his father in that position). The Mobile Delegation of House and Senate members included Delegation Chairman Monty Collins, Sonny Callahan (went on to State Senate and influential House Appropriations Chairman in the United States House of Representatives), Jim Woods (later a Mobile Circuit Judge), and State Senators Red Noonan and Robert Edington.
When the Unified Air Pollution Control Bill passed the House, I crossed to the floor of the Senate which happened to be in session. Pierre Pelham was the most powerful and influential member of the Senate –not just because of his position as Pro Tem, but the force of his intellect, his personality, and the rational and delivery of his speeches. Perhaps more importantly in regards to the Unified Air Pollution Control Bill that had just passed the House –he was my good friend. He graduated from Harvard and University of Alabama School of Law. My degree was from Auburn University and a year at the University of South Alabama. He never quit reminding me of that reality. However, on the day the Unified Bill passed the House I approached him with a certain degree of confidence and apprehension. It was with good reason in that he was preoccupied with the Senate business in process. As I walked toward him he said out of the corner of his mouth “What do you want?” –he was not good at “suffering fools”. But on this day I thought I detected just a hint of surprise and incredulity in his facial expression when I said, “The Air Bill just passed the House. Can you help over here (in the Senate)?” He said nothing in response; however, he walked over to the Chairman of the Rules Committee, Jimmy Clark of Barbour County and briefly whispered in his ear. The Rules Committee –not the least; the Chairman –decides which bills get placed on the calendar to move forward toward a vote. The Chairman of Rules makes up a new voting calendar each day the House or the Senate is in session. A bill can be placed high up on the calendar or very low; where it is unlikely to come up for a vote before (in this case) the Senate adjourns. The Rules Chairman can tell a Senator he will place his bill 2nd or 3rd on the calendar, but place a bill number one on the calendar that so contested or controversial that Senators debate or even filibuster to such an extent that the 2nd bill never comes up for a vote –and the next day the Chairman of Rules writes another calendar. The process of getting your bill on the calendar for a vote of the entire Senate can become a matter of protracted frustration –an exercise of futility so to speak. This process is designed to slow –or even kill contested legislation. The steel mills and paper mills were worthy opponents in regards to the Unified Air Pollution Control Bill that passed from the House to the Senate that summer of 1971. For me and other legislators public health was of the greater concern.
After Senator Pelham spoke to Rules Chairman Clarke, he walked back to me and said, “Get back over to the House Chambers where you belong.” I smiled at his brief performance –his skill as an actor –playing the part of the “Harvard educated Senior Senator” having to be “interrupted” by an “Auburn educated Freshman House Member” of very low status. But I knew he believed –as did I –that the Air Bill was the right thing to do –in regards to the issue of Public Health.
Several days later the House was out of session, but I was going through papers at my desk and Milo Dakin, a reporter for the Daily Newspaper Montgomery Advertiser –and a very close friend –and advisor of sorts –walked to my desk and as I looked up he said, “Congratulations.” I said, “For what?” He came back with what was truly surprising, “Your Air Pollution Control Bill just pass the Senate –and is on its way to the Governor to be signed into law –the code for the State of Alabama. Trying hard not to look like a child on Christmas morning –I replied, “Didn’t you say it would never pass the Senate?” Milo was a big man with an infectious laugh –his entire body would vibrate when he laughed, but never more so that when I made that comment.
Not long after Milo broke the good news, he called and asked –or rather demanded that I come immediately to Governor Wallace’s office. During the 1970 Election for Governor both major candidates –former Governor George Wallace and former Lt. Governor Albert Brewer who was elevated to Governor upon the death of Governor Lurleen Wallace –asked each of the Legislative Candidates for their endorsement. As it happened –I endorsed Governor Albert Brewer which in turn made me somewhat unwelcomed with Governor Wallace. (My reasons for this discussion all outlined in the section on the 1970 Campaign for Governor in Alabama) What little communications I had with Governor Wallace were conducted through Speaker Sage Lyons, Senator Pro Tem Pierre Pelham –and Milo Dakin who also was very close to Governor Wallace.
Milo’s call to come post haste to the Governor’s office was without explanation –but complete with a sense of urgency. When I arrived I was rushed into the Governor’s office only to see Governor Wallace, a photographer –and Milo who in effect was acting as a Director of a Production that existed only in his mind –and his mouth. He told me to stand next to the Governor behind his desk –as the Chief Executive was about to sign into law the Unified Air Pollution Control Bill as an enactment of the legislature. As Milo directed (even Governor Wallace did what Milo said –without comment).