Remora

From DeQuincey's Miscellaneous Essays, just posted in the Gutenberg Library -- although they still don't have the inimitable essay on The Fine Art of Murder:

Yet in the lowest deep there still yawns a lower deep; and in the vast
halls of man's frailty, there are separate and more gloomy chambers of
a frailty more exquisite and consummate. We account it frailty that
threescore years and ten make the upshot of man's pleasurable
existence, and that, far before that time is reached, his beauty and
his power have fallen among weeds and forgetfulness. But there is a
frailty, by comparison with which this ordinary flux of the human race
seems to have a vast duration. Cases there are, and those not rare, in
which a single week, a day, an hour sweeps away all vestiges and
landmarks of a memorable felicity; in which the ruin travels faster
than the flying showers upon the mountain-side, faster 'than a musician
scatters sounds;' in which 'it was' and 'it is not' are words of the
self-same tongue, in the self-same minute; in which the sun that at
noon beheld all sound and prosperous, long before its setting hour
looks out upon a total wreck, and sometimes upon the total abolition of
any fugitive memorial that there ever had been a vessel to be wrecked,
or a wreck to be obliterated. --

After we posted about industrial accidents, yesterday, we turned to the NYT, and lo and behold: there is an excellent article (part of a three part series) about the vicious record of shop floor mutilation, semi-blackmail, pollution and other malfeasances accrued by a privately held, Birmingham, Alabama based pipe corporation, McWane Inc. See, LI is as in tune to the Zeitgeist as a blind piano tuner is in tune with the note C.

The NYT is publishing this expose in conjunction with a Frontline investigation. We are of two minds about the project. On the one hand, this is exactly what we should be reading on the NYT business page. There is, as any amateur Marx-man could tell you, something depressingly expected about the fact that every big newspaper in America has a business page, and no big newspaper in America has a labor page. To point this out subjects one to the reproach of being one of those nuts who promote class warfare -- this is how Bush, predictably, warded off the complaint that his tax cuts inordinately benefit the rich yesterday. In the meantime, class warfare, like racism and sexism and all the other dreadful isms, goes marching silently on. Which gets us to our other hand -- our other hand is that there is something suspicious and smug in the media every once in a while, with eyes on some journalistic prize, birthing the stray muckraking article -- we suspect this is a salve for their conscience. Once upon a time, of course, such articles were common place.

Enough bitching. LI urges readers to go back to yesterday's article about the McWane company. Today, the second, or is it third, part of the series details the politics of regulatory enforcement -- a politics that works against punishing a big industry for its crimes, and even works against monitoring it when the company repeatedly violates elementary canons of safety.

"Nine workers have been killed in McWane plants since 1995. OSHA investigators concluded that three of those deaths resulted directly from McWane's deliberate violations of federal safety standards, records show. Safety lapses at least contributed to five other deaths, investigators found.

"Yet those deaths rarely received more than cursory attention from state and local law enforcement authorities. The police often did little more than photograph the body and call the coroner. Local district attorneys, if they were informed, generally deferred to OSHA."

As for the comedy of justice, the Laurel and Hardy show that opens when some wretch is hurt, or killed, in one of McWane's plants, the article is pretty rich. We especially liked the nailing of one Mr. Vacco, the Republican attorney general in NY State. Confronted with incontrovertible evidence that a McWane owned factory engaged in the unlawful disposal of hazardous waste, leading to the death of an employee, Mr. Vacco hesitated while the McWane company put the screws to him. He responded to the Times inquiry by claiming that the prosecutors under him were doing the hesitating. But the NYT found a mass of suspicious connections between Vacco and McWane, and a memo suggesting that the McWane's might close the plant if Vacco prosecuted. At first, Vacco used the stonewall line of defense:

"In a recent interview, Mr. Vacco acknowledged contacts between Mr. O'Mara (a McWane operative) and his office but denied having been improperly influenced. He said he had taken a personal interest in the case "to make sure that we did everything by the book." Any lack of action, he added, was not because of political interference but because of "foot dragging" by indecisive career prosecutors. "What happened here is that my assistants couldn't make a decision," he said."

Well, that began to sound a little silly as the NYT dug further. So Vacco revised himself:

"Today, he acknowledges that he could have obtained an indictment for criminally negligent homicide. But he says he was not persuaded by what he called a "tenuous" prosecution theory. "Would there have been a conviction? I don't know," he said. "It would have been a titanic battle."

As for McWane's economic threats, he said, "I don't think that a prosecutor should put his or her head in the sand when making these judgments."

Putting your head in the sand? Just as in the past, when an accident happens and the causes can be traced back to a big company -- whether it is Union Carbide, or Monsanto, or whoever -- the prosecutor's head always comes eagerly out of the sand, and looks around for exculpatory evidence. And usually finds it.