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EarthWINS Daily 5.7
October 10, 2000

Date: Tue, 10 Oct 2000 18:41:07 -0500
From: Alice McCombs <tarawins@ezwebtech.com>

Contents

1. Water-bottling Battle Updates
  a. Announcing Save America's Water
  b. FLORIDA: Area springs attract more bottlers
2. URGENT ACTION Needed in US Senate for Burma
3. Website: Higher Education Resource Network
4. Democracy for Sale: press release and report

*********************************************

1. Water-bottling Battle Updates

a. Announcing Save America's Water at www.saveamericaswater.com

For Immediate Release
For Wide Distribution

October 10, 2000

For more information contact Alice McCombs 715-524-5998

(Shawano, WI) Communities across America struggling to protect their water
supplies from being depleted by bottling firms like Perrier have a new website
to help them. Save America's Water at www.saveamericaswater.com is a national
website dedictated to helping people in the United States prevent damage to
their communities' water supplies by multinational water bottling companies. 

The website is the creation of members of grassroots organizations from
Wisconsin and Florida who have been struggling with Perrier's subsidiary
bottling companies. Hiroshi Kanno, Secretary-Treasurer of Concerned Citizens of
Newport and Board member of Waterkeepers of Wisconsin states, "This website is
dedicated to all who are concerned about the use and abuse of our most precious
natural resource, water.  I am personally very pleased with its format and easy
accessibility. I look forward to the input from community organizations and
concerned people across the country and the globe to this website. I'm proud
that our organization is one of the originators of this important website."

"Foreign multinational bottling companies just see America's water as a
commodity for sale to make profits for their shareholders," states Alice
McCombs, the webmaster who designed the site. McCombs is President of
EarthWINS, an online organization that provides free website services for
groups fighting the proposed Crandon mine and other environmental issues.
McCombs states, "Wisconsinites don't like corporations trying to mine our water
or any other resource. Save America's Water will help people here and across
the U. S stand up to corporations trying to take our country's water.

Information about water-bottling companies is available on the site, as well as
links to news coverage. States which have communities impacted by
water-bottling projects have their own sections. At this time the states of
Florida, Maine, Maryland, Michigan, Pennsylvania, Texas and Wisconsin are
represented on the website with more to come.

Terri Wolfe, President of Save Our Springs in Florida states, "These guys are
stealing our natural resource from an area that has a
chronic water shortage. That's a national disgrace." Pictures on the Florida
section show depletion and damage to Crystal Springs near Terri's home from a
local bottling operation. Wolfe states, "The government should be able to
allocate water to various municipalities for the common public good and even to
businesses in the public's interest, but to sell it to a private bottling
company to package and sell to foreign destinations, while central Florida
rations water, is difficult to accept."

Visitors to the site can participate in two forums, one for people interested
in discussing problems with water-bottling companies and another for discussing
other threats to U.S. water. McCombs states, "Threats to America's water are
not limited to those posed by bottling operations. Other activities such as
mining, oil exploration and the production of toxic chemcals all cause
depletion and contamination of our country's water supplies. I'm hoping the
forums at Save America's Water can help people find solutions to these serious
problems."

Carl Zimmermann, writer and early organizers of Waterkeepers of Wisconsin
states, "Water defines the character of Wisconsin. It flows through generations
of our society, nourishing and sustaining our lives. We can use the website to
help pass far-sighted legislation that will provide strong and long-lasting
legal conduits for the underground aquifers that carry the essence of Wisconsin
to all who live here."

MaryJane Schmudlach, one of the founders of Friends of the Mecan, states "Save
America's Water website is a wonderful opportunity for citizens from all over
the country to share with others their struggles in protecting waters in their
little corner of the world. Resources are becoming scarce. Aquifers are
becoming overstressed. Large corporations are pushing their way into rural
areas looking for the resources that remain. It's time to take action. Our
youth and the generations yet to come are counting on us."

"The email address for the website is WeCan@SaveAmericasWater.com," states
McCombs. "When people unite together for a common goal they can do wonderful
things. We can save our country's water for our children and grandchildren."

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-----------------------------------------------------------------

b. FLORIDA: Area springs attract more bottlers

The Gainesville Sun
Monday, October 9, 2000
By RON MATUS

http://sunone.com/articles/2000-10-09d.shtml 

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****************************************

2. URGENT ACTION Needed in US Senate for Burma

Date sent:              Mon, 09 Oct 2000 13:47:00 -0400
From:                   Simon Billenness <sbillenness@trilliuminvest.com>

URGENT ACTION NEEDED IN US SENATE

========================================
October 9, 2000

1) New U.S. Senate Bill to Bar Imports From Burma
2) Sample Phone Script
3) **Copy of Bill**
========================================

1) New U.S. Senate Bill to Bar Imports From Burma

We have the biggest opportunity to strengthen U.S. sanctions Burma since 
Congress enacted sanctions on Burma in 1996. But we urgently need your 
repeated support over the next few days.

In the last few weeks Burma activists have successfully defended Burma 
sanctions in the House International Relations Committee, targeted child 
labor in Burma, and rallied hundreds of activists to defend the 
Massachusetts Burma law.  Let's add this to our list of major efforts!

Imports from Burma have skyrocketed over the last year--mostly in the form 
of garments such as sweatshirts, shoes, backpacks, etc.  Unfortunately, 
almost all of the garment factories are substantially owned by the Burmese 
military junta, which means it is making a massive profit from the 
trade.  Of course, they turn around and pump the money into the military, 
which then abuses the people of Burma.  If you want to know more, check out 
the National Labor Committee's in-depth report at http://www.nlcnet.org

Senator Tom Harkin (D-IA) is currently looking for co-sponsors for a U.S. 
Senate bill to bar these imports.  He has written to several Senators 
looking for their support, and it would be hugely helpful if you can 
contact your Senators and ask them to co-sponsor the bill.

We literally only have a few days to put this together since the Congress 
is about to end, so please do call right away.  We need interested Senators 
to contact Harkin's office to find out how to co-sponsor.

So far, Mitch McConnell (R-KY), Tom Harkin (D-IA), and Paul Wellstone 
(D-MN) are all on board.

**********************************************
Don't know your U.S. Representative or U.S. Senators? Check: 
<http://thomas.loc.gov/> for your Member's names and contact information.
***********************************************

2) Sample Phone Script

* Call your Senators' office and ask for the foreign affairs staff 
member.  Make sure you get their name.

* Inform them that you live in their state and want the Senator to 
co-sponsor Tom Harkin's bill banning the import of apparel from 
Burma.  Tell them that Mitch McConnell (R-KY), Tom Harkin (D-IA), and Paul 
Wellstone (D-Minnesota) are all co-sponsors already.

* Tell them that:
a) apparel imports from Burma only subsidize the military regime in power, 
the same government that has recently rearrested Aung San Suu Kyi, 1991 
Nobel Peace Prize winner,
b) Burma is on the verge of being expelled from the International Labor 
Organization for its use of forced labor and it uses more "modern slave 
labor" than anyone in the world,
c)The people of Burma have asked that international companies not support 
the Burmese regime until their country is a democracy again.

* Tell them that if they need more information they can contact Bill Goold 
in Sen. Tom Harkin's office at 202-224-3254.

***Tell them that you would like to be informed of the Senator's 
decision***, and leave your phone number.  You may have to call a few times 
to find out the Senator's decision.

* Thank them

* Email Simon Billenness of the New England Burma Roundtable at 
<sbillenness@trilliuminvest.com> to say what happened and copy the email to 
Jeremy Woodrum at the Free Burma Coalition at <jeremy@freeburmacoalition.org>

**********************************************
**DRAFT DRAFT**

106TH CONGRESS
2D SESSION              S.----------------
 

                IN THE SENATE OF THE UNITED STATES

Mr. HARKIN introduced the following bill; which was read twice and referred 
to the Committee

A BILL

To prohibit the importation of any textile or apparel article that is 
produced, manufactured, or grown in Burma.

Be it enacted by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. SANCTIONS AGAINST BURMA.

(a) IN GENERAL. - Notwithstanding any other provision of law, no textile or 
apparel article that is

(1) described in chapter 50, 51,52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 
or 63 of the Harmonized Tariff Schedule of the United Stated, and
(2) is produced, manufactured, or grown in Burma,

may be imported into the United States.

b) EFFECTIVE DATE. - The provisions of this section shall apply to any 
article entered, or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of enactment of this Act.

-----------------------------------------------------------

Simon Billenness
*for the New England Burma Roundtable*
Trillium Asset Management
711 Atlantic Avenue, Boston, MA 02111
(617) 423-6655, x225
(800) 548-5684
(617) 482-6179 - fax
sbillenness@trilliuminvest.com
http://www.trilliuminvest.com/
==================================================
"I see my life...as part of a procession, a dynamic process, doing all that 
we can do to move toward more good and justice; a process that is not 
isolated from what has happened before or what will come after.  And I do 
whatever I have to do along the path, whether it's sowing seeds or reaping 
the harvest or tending the plants half grown."

Aung San Suu Kyi, Burma's democratic leader under house arrest, in "On the 
Issues," Fall '98
==================================================

------- End of forwarded message -------
--
"Never use the term 'free trade,' even
 when disagreeing with it. There is NOTHING free about it."
              --Ralph Nader in Flint, Michigan 

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************************************************************

3. Website: Higher Education Resource Network

Date: Mon, 09 Oct 2000 17:15:46 -0600
From: Jerome Chavez <jerchav@unm.edu>

Great higher education resource
http://www.higher-ed.org

===========================================================================
"The aim of education must be the training of independently
   acting and thinking individuals who, however, see in the
   service to the community their highest life achievement."

   "The school should always have as its aim that the young person 
   leave it as a harmonious personality, not as a specialist."

   "Otherwise he - with his specialized knowledge - more closely 
   resembles a well-trained dog than a harmoniously developed 
   person."
                                        - Albert Einstein
                                          (1879-1955)

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************************************************

4. Democracy for Sale: press release and report

From: AFSCOLE@aol.com
Date: Mon, 9 Oct 2000 13:23:10 EDT

Ohio Committee on Corporations, Law and Democracy
513 West Exchange Street, Akron, Ohio 44302
Phone: 330.253.7151 FAX: 330.996.4664

For more information:  Greg Coleridge 330-253-7151
Mike Ferner 419-729-7273

FOR IMMEDIATE RELEASE  October 9, 2000

Democracy for Sale
New report describes how Ohioans kept corporations out of politics; 
how and when they re-entered

    “Of all 50 states, Ohio is the strategic prize in the 2000 elections. 
Consequently millions of political campaign dollars are flooding our state, 
much of them coming from corporations,” said Greg Coleridge, Co-Coordinator 
of the Ohio Committee on Corporations, Law and Democracy, a project of the 
Northeast Ohio American Friends Service Committee “Now is a good time to 
remember that Ohio corporations were once banned from making any sort of 
political campaign contributions.”

    Coleridge added that, “Our new report, Democracy for Sale, tells how 
Ohioans kicked corporations out of politics for 50 years and how they 
weaseled their way back in.”

    "The key to banning corporate participation in Ohio elections was the 
widely-held opinion that corporations had no rights, but only privileges that 
citizens agreed to give them through their elected legislators, and monitored 
closely by the courts. People knew that corporations' great economic power 
equaled great political power, and they knew they had to constantly be on 
guard." Coleridge continued.

    Among the ways Ohioans kept corporations out of their politics were:

•   To "prevent the corruption of elections and political parties by 
corporations," the legislature passed an Act  [99, Ohio Laws, 23] in 1908 
stipulating that no corporation in Ohio "directly or indirectly pay, use or 
offer... any of its money or property for, or in aid, of any political party, 
committee or organization... or for... any candidate...” Penalties for “any 
officer, stockholder, attorney, or agent of any corporations which 
violates...this act... and any person who solicits or knowingly receives any 
money or property in violation of this act” will receive up to a year in 
prison and/or a fine of $1,000, equivalent to nearly $18,000 today. 

 •  In 1911 the legislature required every corporation filing a report to the 
state to submit an affidavit swearing it did not engage in direct or indirect 
political activity during the preceding year.

•   The legislature weakened Ohio’s tough campaign contributions law in the 
1950’s by allowing corporate contributions for the first time in non-partisan 
elections such as ballot issues.

•   The Cuyahoga County Court of Appeals ruled in 1958 that corporate 
contributions to ballot issues is equal to contributing to candidates, and 
thus illegal.  The judges argued in part that, “Corporations do not vote. 
They exist for the purpose of furthering the particular business in which 
they are engaged.” The Court further reasoned that Corrupt Practices Acts 
were previously enacted “because certain corporations in making contributions 
for campaign purposes had become objectionable and subversive to good 
government and the public welfare.”

•   The next year, the Ohio Supreme Court struck down the Cuyahoga County 
ruling, permitting corporations to contribute for the first time to  ballot 
measures. 

•   A 1977 act weakened the outright prohibition against corporate funds 
being used for candidates, by permitting corporate money to administer 
payroll deductions for employee support of candidates, political parties or 
issues. 

•   The US Supreme Court struck a major blow against Ohio and all other 
states’ efforts to keep corporations out of politics in 1978 when its First 
National Bank of Boston decision granted  corporations the same First 
Amendment rights of free speech as citizens, and, thus, cannot be prohibited 
from contributing to state referenda.

•   Corporate Political Action Committees (PACs) were legally established in 
Ohio in 1987 “to establish, administer, and solicit contributions from... 
[their] stockholders, officers, directors and trustees that are not 
corporations or employees.” This concentrated political contributions and 
clearly liked them to specific corporations. It was a major end run around 
legislation prohibiting corporate contributions to candidates or political 
parties.

    “The ‘legal rights’ of corporations have gained to buy candidates and 
ballot issue elections is the single biggest threat to democracy. As the 
money spent on elections piles up, corporations’ influence and power 
increases and democracy suffers. A dwindling number of voters are expected to 
believe the myth that election campaigns can be funded by corporations and 
somehow government will serve the public interest. This is impossible. The 
road toward political democracy in our state and nation is to once again kick 
corporations out of politics by outlawing all forms of direct and indirect 
corporate contributions and holding publically funded elections.” said 
Coleridge.

##  0 ##

    Democracy for Sale is available from the Ohio Committee on Corporations, 
Law and Democracy by calling 330-253-7151 or writing 513 W. Exchange St., 
Akron, OH, 44302.

##  0  ##

    The Ohio Committee on Corporations, Law and Democracy is a group of 
activists and concerned citizens from across Ohio concerned with the growing 
power of corporations to govern and harms this poses to democracy in our 
state and nation. The Committee educates Ohioans about the past history and 
current dimensions of these problems. Its purposes are to encourage 
democratic participation and reassert control over the corporate form. The 
Committee published in 1998 Citizens over Corporations: A Brief History of 
Democracy in Ohio and Challenges to Freedom in the Future, a 52 page summary 
of the evolution of the relationship between citizens and  corporations in 
Ohio. 

##  30  ##

Democracy for Sale
How Ohioans Kept Corporations out of Politics; 
How and When They Re-entered

An article in a recent issue of Business Week magazine commented that 
"corporations should get out of politics!"

Following, as it did, the magazine's lead story on corporate abuses, the "get 
out of politics" statement could well have been a bit of editorial hyperbole 
that could change with the wind.  But here in Ohio for many years such was 
actually the case.  Corporations were indeed, kicked out of politics -- at 
least kicked out of any sort of political campaign contributing. Citizens, 
through their legislators, wrote into law that their government was not for 
sale.

Could we make that happen again?  Read on and see the actual language with 
which Ohioans kept corporations out of politics.  Sovereign citizens can kick 
them out again!
_____________

It is politically accepted by those in power and the mainstream media that 
corporations have "rights" to participate in the political process via 
Political Action Committee (PAC) campaign contributions. We are told this is 
to counter the incredible financial might of organized labor (ignoring the 
fact that corporate PACs outspent labor PACs in the 1996 election cycle by 
anywhere from 7:1 to 11:1, depending on how one adds up the numbers).

Corporations did not always have the right to contribute (or invest) in the 
political process in Ohio. When our state was founded, corporations had no 
rights, only privileges, bestowed by the citizenry through their elected 
state legislators -- and backed up by the courts.

Conditions changed through the 19th century. Corrupted and corporate-friendly 
state officials and judges began granting corporations authorities never 
intended by our forebears. The Civil War enriched munitions manufacturers and 
other corporations which desired to translate this new economic power into 
political power. Supreme Court decisions (including the Santa Clara decision) 
granted corporations "personhood" rights. 

By the end of the 19th century, corporations were at a crest of power -- 
politically, economically, culturally. So was public awareness of the abuses 
of the "Robber Barons" and the giant corporations that formed monopolies and 
trusts across the land. 

Public reaction against such abuses took many forms. Public pressure forced 
Ohio and other states to pass tough laws outlawing monopolies and also 
prompted passage of the Sherman (named after US Senator John Sherman from 
Ohio) Anti-Trust Act of 1890. Populists in the south and west organized to 
fundamentally challenge the nature of corporations to control economies and 
communities. 

Still other public reaction was in response to the political power of 
corporations expressed through direct political contributions to candidates. 
Ohioan Marc Hanna who ran the Presidential campaign of Canton-native William 
McKinley in the 1896 election introduced the practice of regularly assessing 
corporations for campaign contributions to the Republican Party, with each 
company paying according to its "stake in the general prosperity." "There are 
two things important in politics," Hanna once said, "the first is money and I 
can't remember what the second one is."

What follows is a brief timeline of corporate campaign contributions in the 
state. It is something to remember as corporations weigh in financially every 
year at every level of government, and, thereby, make impossible any hope for 
an all-inclusive democracy .

It may be time once again to develop  a well-conceived strategy to outlaw all 
forms of corporate political contributions.

Corporate Campaign Contributions Timeline

1896  Ohio General Assembly passes law placing  limits on the amount of money 
candidates could “pay out, give, contribute or spend” on their campaigns with 
the intent to “prevent corrupt practices at elections.”  For a population of 
5,000 voters or less, the limit on candidates was $100; for each 100 voters 
over 5,000 and under 25,000, an additional $1.50; or each 100 voters over 
25,000 and under 50,000, an additional $1.00; and nothing more above 50,000 
[92, Ohio Laws, 1896]

1907 Teddy Roosevelt administration pushes through legislation outlawing 
direct corporate contributions on federal level. 

1908  The General Assembly enacts legislation “to prevent the corruption of 
elections and political parties by corporations” by barring any corporation 
from directly or indirectly giving money or property to any political 
organization, party or candidate.

Section 1, That no corporation doing business in this state shall directly or 
indirectly pay, use or offer, consent or agree to pay or use, any of its 
money or property for, or in aid, of any political party, committee or 
organization, or for, or in aid of, any candidate for political office or for 
nomination for any such office, or in any manner use any of its money or 
property for any political purpose whatever, or for the reimbursement or 
indemnification of any person or persons for moneys or property so used. 

Section 3. Every corporation which violates section 1 of this act shall be 
punished by a fine of not more than five thousand nor less than five hundred 
dollars... Any officer, stockholder, attorney, or agent of any corporations 
which violates section 1 of this act who participates in, aids, or advises 
any such violation, and any person who solicits or knowingly receives any 
money or property in violation of this act shall be punished by imprisonment 
for not more than one year of a fine of not more than one thousand dollars, 
or both at the discretion of the court.  [99, Ohio Laws, 23]

1911  The General Assembly in an act defining the powers and duties of a 
state tax commission requires that every corporation or public utility which 
makes any report, statement or return to the state submit an affidavit 
stating that it did engage in any political activity, either directly or 
indirectly,  during the preceding year. [102, Ohio Laws, 224]

1929 Election laws of the State of Ohio are revised. Provisions related to 
prohibition of campaign contributions is changed materially in one respect. 
The prohibition of corporations “for any political purpose whatever” was 
amended to read “for any other partisan political purpose.” [113, Ohio Laws, 
307]

Other prohibitions and fines were expanded upon. Fines of between $500 and 
$5,000 were set for corporations dipping into company coffers to support 
political parties, organizations, or candidates.  Individual corporate 
officials found guilty of using company funds for this purpose could be 
imprisoned for up to a year and/or fined $1,000.  Anyone caught using money 
or other items of value to buy votes could be fined between $25 and $500. 
Business caught trying to influence employees in any way at the workplace -- 
either through posters, handbills or threats about job security -- could be 
fined between $500 and $1,000. 

1958  In the case John T. Corrigan v. The Cleveland-Cliffs Iron Company, [152 
N.E. 2d 1, 1958] Court of Appeals in Cuyahoga County rules that corporate 
campaign contributions to ballot issue campaign is parallel to making direct 
contributions to a candidate and, thus, illegal.  In this case, the defendant 
was found guilty for donating $500 to “The Citizens Committee for City & 
County Issues.”

Majority opinion: The respondent, being a corporation organized for profit, 
under the laws of Ohio, and doing business in this state, is prohibited from 
using its money or property for “Political  Purposes” as here defined, and to 
do so, as admitted by the pleadings and stipulations, is in violation of law. 
Such acts are outside the powers of its corporate franchise.

Concurring opinion: Corporations do not vote. They exist for the purpose of fu
rthering the particular business in which they are engaged. Corrupt Practices 
Acts were enacted with respect to them because practices indulged in by 
certain corporations in making contributions for campaign purposes had become 
objectionable and subversive to good government and the public welfare. Even 
if such contributions were made from proper motives, they might afterwards be 
made the basis for demands which might not be for the public interest to 
grant. 

1959 Ohio Supreme Court overturns lower court decision in 
 John T. Corrigan v. The Cleveland Cliffs Iron Company [169, OS, 42] and 
rules that “a corporation may lawfully contribute to a committee organized 
and conducted merely the purposes of advocating the adoption of a 
constitutional amendment and the passage of bond issues and tax levies.” The 
Court’s decision interpreted the 1929 change in the state election law 
prohibiting corporate contributions for “any other partisan political 
purpose” to mean merely a prohibition of contributions to political 
candidates. 

1974 Ohio Law passed preventing any state agency or department from awarding 
a no-bid contract to a corporation or business trust owned by a person who 
has made a political contribution  in excess of $1000 to a candidate  for a 
public office having ultimate responsibility for the award of that contract. 
[135 Ohio Laws, 12] This bill also established specific spending limits for 
state and local candidates, which were struck from state law two years later 
[136, Ohio Laws, 3815] following the US Supreme Court decision of Buckley v 
Valeo.

1977 State law passed amending prohibition of corporations from contributing 
either directly or indirectly to political candidates “by exempting from the 
requirements the use of these funds to administer statutorily authorized 
payroll deductions for employee support of candidates, political parties, or 
issues.” [137, Ohio Laws, 2928]

1978  US Supreme Court in First National Bank of Boston upheld the right on 
first amendment grounds of a corporation to make political expenditures from 
general corporate funds in connection with a state referendum. [435, US 765] 
This ruling set a precedent that corporations had the same rights of free 
speech as citizens under the First Amendment.

1987 State law establishes political action committees (PACs) by 
corporations. The law permits “any corporation engaged in business in this 
state...[to] establish, administer, and solicit contributions from... its 
stockholders, officers, directors, trustees that are not corporations and 
employees.” It also permits “corporations engaged in business in this state 
[to] use its funds or property for or in aid of or opposition to a proposed 
or certified ballot issue. [142, Ohio Law, 3442] Ohio continues to be in 
minority of states that do not allow direct corporate contributions to some 
extent, although  the creation of corporate PACs creates a huge end run 
around direct corporate contribution prohibition.

1989  State law passed to, “allow any person, including a corporation engaged 
in business in this state other than public utilities, to make gifts to major 
political parties to defray costs incurred for the construction, renovation, 
or purchase of office facilities..” [143 Ohio Laws, 272]

1989  No corporation had  ever been to this point prosecuted for violating
state laws prohibiting corporate campaign contributions. [Akron Beacon 
Journal, 2/2/89] 

The ‘legal rights’ of corporations have gained to buy candidates and ballot 
issue elections is the single biggest threat to democracy. As the money spent 
on elections piles up, corporations’ influence and power increases and 
democracy suffers. A dwindling number of voters are expected to believe the 
myth that election campaigns can be funded by corporations and somehow 
government will serve the public interest. This is impossible. The road 
toward political democracy in our state and nation is to once again kick 
corporations out of politics by outlawing all forms of direct and indirect 
corporate contributions and holding publically funded elections.

Ohio Committee on Corporations, Law and Democracy, c/o Northeast Ohio 
American Friends Service Committee, 513 W. Exchange St., Akron, OH 44302 
Phone: 330-253-7151 Email: AFSCole@aol.com

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