Latest / Ask the Lawyer / 04/03/2025 Ask the Lawyer with Harvey Peyton

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04/03/2025 Ask the Lawyer with Harvey Peyton · Ask the Lawyer

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0:32
Speaker 2: Harvey l Oh, there we go. Yeah, there we are
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Speaker 2: new the we we got kind of cut off there
0:36
Speaker 2: because we had the U the uh Yeah, we were
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Speaker 2: a little bit and we had the ees come on
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Speaker 2: and I didn't know that we were right in the
0:42
Speaker 2: middle of the show because we couldn't tell what was
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Speaker 2: going on there. So anyway, thanks for tuning in this morning.
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Speaker 2: As you can tell from that voice, that is Harvey
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Speaker 2: Payton from the Peyton Law Firm. Three zero four three
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Speaker 2: four two eight one three one. If you want to
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Speaker 2: put the power of patent on your side this morning,
0:53
Speaker 2: three zero four three four two eight one three one.
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Speaker 2: I hope you've navigated through the uh the weather this
0:58
Speaker 2: morning safely and that you and yours are safely out
1:00
Speaker 2: there or safe out there, because it's kind of a
1:02
Speaker 2: hectic morning out.
1:03
Speaker 3: There, you know, and it was sort of a weird
1:06
Speaker 3: uh weather pattern we had a lot of wind in
1:09
Speaker 3: Tay's Valley last year. I noticed when I left the
1:12
Speaker 3: house this morning there was a big pine tree down
1:15
Speaker 3: farther into the road on the Highland Drive. Once these
1:19
Speaker 3: pine trees get a certain side, they're really vulnerable to
1:21
Speaker 3: high windsaw they snap off. They're not as stout as
1:24
Speaker 3: an oak. And it was raining and foggy. It got
1:27
Speaker 3: on the Interstate well though it wasn't too bad from
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Speaker 3: the exit thirty nine out up to all about cross
1:34
Speaker 3: lanes and then just fog, heavy rain, and all of
1:37
Speaker 3: a sudden, get on the Dunbar Interstate bridge. Hey, it's clear.
1:43
Speaker 3: We really just drove through it. And then traffic slowed,
1:47
Speaker 3: as it always does around Montrose, and here we are.
1:50
Speaker 3: This rain catches up with you as you slow down.
1:53
Speaker 3: You know, I'm going from west to east, So the
1:56
Speaker 3: traffic slows, the rain, the storm maintains its pace. It
1:59
Speaker 3: catches back up with you. So driving through, get off
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Speaker 3: of Virginia Street, and by the time I get to
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Speaker 3: the schools here at Charleston Catholic, the weather's nice skinning
2:09
Speaker 3: at least it's warm, right right, I really appreciate the
2:13
Speaker 3: warm we've got. Oh, Molly, our little beagle who's really
2:19
Speaker 3: our source was here at the station. Molly was a
2:22
Speaker 3: she's fifteen years old now. She was a found dog
2:24
Speaker 3: and the Vicky Jackson who used to work here, oh yeah,
2:27
Speaker 3: had picked her up and nursed her back to health.
2:29
Speaker 3: And then Rick Cochrane adopted her. People yeah yeah, well
2:35
Speaker 3: Rick at MS and he he took Molly out. Well,
2:38
Speaker 3: she's a hound, and so he took her for a
2:39
Speaker 3: walk and the first time she saw a cat, she
2:42
Speaker 3: took off and pulled Rick down, and so he couldn't
2:44
Speaker 3: handle it. So we got her back in twenty eleven. Well,
2:49
Speaker 3: probably from a life of having been fed table scraps,
2:54
Speaker 3: which we can't do anymore. She has recurrent pancretitis. So
2:59
Speaker 3: it's up and down two or three times a night.
3:03
Speaker 3: It has to go out, you know. And this morning
3:05
Speaker 3: I was out in the rain with her and my
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Speaker 3: wife then was taking her out as I was leaving
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Speaker 3: again and said, you know, honey, at least it's warm.
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Speaker 3: The last about of packar titis she had was in
3:16
Speaker 3: februarys way, you would get up two o'clock in the morning,
3:20
Speaker 3: put on your long John's jeans, T shirt, sweatshirt, heated vest,
3:28
Speaker 3: heavy coat, to boggan, get around your neck, your keen
3:34
Speaker 3: hiking boots. It takes like seven minutes to get dressed
3:37
Speaker 3: to walk outside for the for like ten minutes ordeal
3:44
Speaker 3: that the dogs were But you know she once you
3:47
Speaker 3: have I mean, when you buy a dog, you make
3:49
Speaker 3: a commitment. It's sort of like becoming a citizen. You
3:51
Speaker 3: make a commitment to give up some of your individual
3:55
Speaker 3: liberties and freedom emotion to take care of either a
3:59
Speaker 3: dog or in this case, republic, which we're having various success.
4:03
Speaker 3: It's not much. There hasn't been much news really from
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Speaker 3: the legislature. From a legal standpoint, We've had someone from
4:11
Speaker 3: the Supreme Court. I think Tom mentioned it on the air.
4:15
Speaker 3: We're moving rapidly towards universal availability of court records online.
4:22
Speaker 3: The Court has something again of what the PACER system
4:26
Speaker 3: is in the Federal Court, so that if you register
4:29
Speaker 3: into the system, you don't necessarily have to be a
4:32
Speaker 3: litigant to do that. I think there may be a
4:34
Speaker 3: small charge for non litigants. Be great for the news services.
4:38
Speaker 3: You'll be able to go into any file that's not
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Speaker 3: sealed or confidential and not just look at a dock
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Speaker 3: at telling you know this is what was fileing motion
4:47
Speaker 3: for emotion. For this, you'll actually be able to go
4:49
Speaker 3: in substantively and look at and read what is filed,
4:54
Speaker 3: what's the part of the case fault. Which is a
4:56
Speaker 3: really great thing for the public. You know you can
4:59
Speaker 3: you can send clients a lot of copies. We generally
5:02
Speaker 3: copy our clients with them about everything we file or
5:05
Speaker 3: receive other than the im media. The run of the
5:10
Speaker 3: mill is a notice. This is a certificate of service
5:13
Speaker 3: on something that was done. Uh. Some of them will
5:18
Speaker 3: call say, look, you don't need to send me that.
5:20
Speaker 3: I mean, I don't understand what it is. Do you
5:22
Speaker 3: just call me and tell me if there's something I
5:24
Speaker 3: need to know? And of course it's it's a little
5:26
Speaker 3: more expensive. Everyone doesn't have email, so we do a
5:31
Speaker 3: lot of hard copy mailing. And now you know those
5:36
Speaker 3: people who were we would email things, do they say, hey,
5:39
Speaker 3: look we wonder about your case. Go online. It's like
5:41
Speaker 3: having a medical portal, right, because if I had some
5:45
Speaker 3: lab work done last Monday, I get a notice on
5:48
Speaker 3: my phone that the labs are better read and I
5:50
Speaker 3: go on put in my little keyword. But there it is.
5:55
Speaker 3: Now I don't necessarily know what those numbers mean. But
5:57
Speaker 3: I know what H and L means, means high and
5:59
Speaker 3: low right, and so then you can go to the
6:01
Speaker 3: internet and see, well, why is this. Oh, I've been
6:05
Speaker 3: a bad boy in slow time and in the Western legislature.
6:13
Speaker 3: I have to say this April Fool's Day. I mean,
6:16
Speaker 3: things are so bad and now I don't know what
6:17
Speaker 3: you can say for April Fools. But I was driving
6:20
Speaker 3: down the road listening to I think it was the
6:25
Speaker 3: now that you guys have gone all to like local
6:29
Speaker 3: interests programming. It's hard to distinguish between Dave Allen and
6:33
Speaker 3: then there's Dave Wilson and TJ. I don't know TJ's
6:36
Speaker 3: last name, but Meadows. And then there's Dave and Amanda,
6:40
Speaker 3: and then you roll into My Dave, Dave Weekly, Dave Weekly.
6:44
Speaker 2: It's all Daves. Although our shows the one talks about
6:46
Speaker 2: hot dogs so you don't.
6:47
Speaker 3: Talk about politicis on one of those. And I think
6:51
Speaker 3: Dave Allen because he's he was interviewing Greg Thomas, Greg
6:55
Speaker 3: the Citizens Against Lawsuit Abuse guy. I remember Greg when
6:59
Speaker 3: he came blue and he year I think it was
7:00
Speaker 3: in North Carolina working for Lisa Smith for a Senate
7:04
Speaker 3: seat down in Putnam County. And to say he and
7:07
Speaker 3: I wouldn't see how I would be an understatement. Mother.
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Speaker 3: I'm agreeing with this, April or first, and I am
7:12
Speaker 3: agreeing oldheartedly because Thomas is He's seen what's happened in
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Speaker 3: the legislature. People are doing things just because, well I can,
7:22
Speaker 3: I can make my neighbor mad by doing something, or
7:25
Speaker 3: I can express my pent up fear that somebody is
7:29
Speaker 3: getting something that I'm not getting by enacting some cuckoo
7:33
Speaker 3: bird statute. When as he correctly noted, and the Republicans
7:38
Speaker 3: did a good job of this, they recruited candidates, they
7:41
Speaker 3: saw a legislature full of self interested conservatives. That's I mean.
7:49
Speaker 3: People blame problems for West Virginia on a liberal rule
7:52
Speaker 3: for the last eighty years before the Republican takeover. That's
7:55
Speaker 3: Y's bunk. There's never been a liberal you know. You
7:59
Speaker 3: look back at people like Governor comp Uh. I mean
8:03
Speaker 3: we we actually refused to put out a tour guide
8:07
Speaker 3: published by the federal government. They're in the great depression
8:12
Speaker 3: of a tour guide on about West Virginia because it
8:14
Speaker 3: mentioned labor strife and the coal companies didn't want it,
8:18
Speaker 3: so our governor wouldn't wouldn't approve it. I mean, that's
8:21
Speaker 3: just it's just constant. And now we've got self interested
8:25
Speaker 3: conservatives on the on the other side who've lost touch
8:30
Speaker 3: with what they're supposed to do, which is helped people
8:32
Speaker 3: and solve problems, and he can't deal with I mean,
8:35
Speaker 3: I guess he said he had a couple of legal
8:37
Speaker 3: bills up there this time, one of which was I
8:39
Speaker 3: don't think he and I would disagree a lot about
8:41
Speaker 3: that's some something about medical monitoring. I'm just I'm an
8:47
Speaker 3: outlier among the trial lawyer community because I'm just not
8:51
Speaker 3: convinced that medical monitoring as it's administered in West Virginia
8:55
Speaker 3: is anything other than a way for lawyers to gather
8:57
Speaker 3: up a bunch of nom old plaintiffs and put together
9:02
Speaker 3: a group and extract a big pile of dollars from
9:05
Speaker 3: some corporate any for corporate entity for future testing, which
9:10
Speaker 3: is never done, but pocket a pretty guy some sizeable fee.
9:14
Speaker 3: And I don't agree with it, and I wouldn't care
9:17
Speaker 3: much what the legislature did with it. But I'm thinking here,
9:19
Speaker 3: I agree with this. This is like through a looking
9:21
Speaker 3: glass darkly. Then I picked up the paper, and you know,
9:26
Speaker 3: we had a Speaker of the House who started this
9:29
Speaker 3: whole thing, Gingrich talking about tariffs, and it's literally, I'm thinking,
9:37
Speaker 3: here's the person of responsibility. And his quote was, this
9:40
Speaker 3: is a great day speaking about yesterday and tariffs, which,
9:46
Speaker 3: by the way, we're imposing and laterally by the executive
9:48
Speaker 3: branch on the basis we're in a national emergency. Have
9:51
Speaker 3: you seen that national emergency? Congress didn't do it. Congress
9:55
Speaker 3: didn't have the guts to do it or to repeal it.
9:59
Speaker 3: We're gonna go high manufacturing and good prices and high
10:04
Speaker 3: paying jobs. There weren't no high paying jobs in manufacturing
10:08
Speaker 3: prior to World War One, and anybody would know. They
10:11
Speaker 3: say he either doesn't know, which I think is unlikely
10:14
Speaker 3: because he was a history professor at Georgia State University,
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Speaker 3: where he's just lying.
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Speaker 2: I mean, and he writes all those books too, myself,
10:21
Speaker 2: those alternate fiction books.
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Speaker 3: You know. Once, by my account, between eighteen seventy seven,
10:30
Speaker 3: when Rutherford Hayes was named president, a compromise with the
10:35
Speaker 3: Southern Democrats to pull all federal troops out of the South,
10:40
Speaker 3: an abandoned reconstruction. We have dispatched federal troops between that
10:45
Speaker 3: time and World War One not less than seven times,
10:47
Speaker 3: and they shot and killed American citizens in riots over
10:50
Speaker 3: labor where protective manufacturers weren't making enough money when the
10:55
Speaker 3: market turned down, they cut wages, they put people out
10:58
Speaker 3: in the street love whether it was Loveland, Colorado, or Homestead, Pennsylvania,
11:03
Speaker 3: or in Chicago at the Pullman strike. So that's just
11:06
Speaker 3: not true. I mean, people forgive we us forget history.
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Speaker 3: Tariffs and exciss taxes were the biggest revenue producers in
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Speaker 3: the United States from or the inception of the Republic
11:17
Speaker 3: until we pass the constitutional amendment authorizing the income tax
11:24
Speaker 3: after World War Two. And there was a reason for that,
11:28
Speaker 3: since the tariffs to have tariffs are high enough to
11:32
Speaker 3: generate a sufficient income. I mean, it's a tax on
11:35
Speaker 3: people who use products falls regressively on those who make
11:39
Speaker 3: less money. It makes those who run controlled protected businesses
11:44
Speaker 3: phenomenally wealthy and they're willing to able to sustain the
11:50
Speaker 3: pain because they can hire the people as servants. It's
11:55
Speaker 3: just nuts. And we had an we had an income
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Speaker 3: tax briefly after the Civil War. The Supreme Court declared
12:03
Speaker 3: that unconstitutional. In I think eighteen eighty seven, and then
12:07
Speaker 3: we passed a constitutional amendment to implement an income tax
12:11
Speaker 3: in the early nineteen hundreds. Because it's a big complicated country.
12:15
Speaker 3: You know, when William McKinley was president, William McKinley had
12:18
Speaker 3: a lot to do with tariffs. But when he was
12:20
Speaker 3: in Congress, I mean the McKinley tariffs were instituted in
12:23
Speaker 3: eighteen ninety He was not President of the United States.
12:26
Speaker 3: He was a congressman from Ohio. He lost his re
12:29
Speaker 3: election bid, ended up being elected governor of Ohio, and
12:32
Speaker 3: then was elected president in eighteen ninety six. And when
12:37
Speaker 3: I became interested in McKinley a couple of reasons. The
12:42
Speaker 3: Battle of Vntidum was fought on my birthday, September seventeenth,
12:45
Speaker 3: but it was in eighteen sixty two, so I wanted
12:49
Speaker 3: to go over on my birthday. Well there it was
12:51
Speaker 3: pre covid just to be on the battlefield on that day,
12:55
Speaker 3: and you know, sort of sense it like I went
12:57
Speaker 3: to Gettysburg July first, second, and third, because you want
13:01
Speaker 3: to see what the light was like as near as
13:04
Speaker 3: you can, and at any comparison that the current administration
13:12
Speaker 3: makes between the current chief executive and William McKinley. It's
13:16
Speaker 3: just bogus. I mean William McKinley. There's a monument to
13:21
Speaker 3: them on the Antietam battlefield. He served voluntarily under fire
13:28
Speaker 3: from the beginning to almost the end of the Civil War.
13:32
Speaker 3: He was a in the Quartermaster Corps. He had a
13:35
Speaker 3: horse shot from underneath him. He responded to heavy fighting
13:40
Speaker 3: at the bridge there at Antietam to keep troops in
13:44
Speaker 3: hot coffee and food. Even though he was told don't
13:46
Speaker 3: do that. He defied orders and went through. Then he
13:50
Speaker 3: declined to get this. Think about this in relation to
13:53
Speaker 3: our current chief executive. William McKinley declined the Congressional Medal
13:59
Speaker 3: of Honor because he did not think he had done
14:02
Speaker 3: enough to earn it. Now. Through his entire life after
14:05
Speaker 3: the war, he liked to be called major. Even when
14:07
Speaker 3: he was in the White House. He preferred major to
14:10
Speaker 3: mister President and told people that he married his high
14:17
Speaker 3: school sweetheart, but hometown sweetheart Ida. She became disabled with
14:23
Speaker 3: a seizure disorder while he was in Congress, while he
14:26
Speaker 3: was the governor, and while he was in the White House,
14:30
Speaker 3: but he refused to exclude her. He practiced inclusion with
14:36
Speaker 3: his disabled wife because he took her to every state
14:39
Speaker 3: dinner and state event in the White House. He kept
14:41
Speaker 3: a large white handkerchief in his inside coat pocket, and
14:44
Speaker 3: if Ida had an ephasic period or seizure, he would
14:49
Speaker 3: hold her in his arms and cover her face with
14:51
Speaker 3: the handkerchief because darkness helped her condition. Now you compare
14:55
Speaker 3: that to what we've got now, right. He didn't like war.
15:03
Speaker 3: Theodore Roosevelt called him a coward. Where Roosevelt was in
15:07
Speaker 3: New York at the time, he had never served a
15:09
Speaker 3: day and referred to McKinley is a coward, who responded,
15:16
Speaker 3: you know, I have seen bodies stacked in a roadway
15:19
Speaker 3: at Antietam over my head. I don't need to know
15:23
Speaker 3: what war is about. I know what works about. I
15:24
Speaker 3: want to stay out now. He was pushed into the
15:26
Speaker 3: Spanish American War really because there was a void. The
15:29
Speaker 3: Spanish Empire was going to collapse and the Germans or
15:33
Speaker 3: the Brits were going to take over the Philippines or
15:36
Speaker 3: the Caribbean islands. So we pretty much were pushed into it.
15:40
Speaker 3: But I just read this, I think it's incredible. Does
15:42
Speaker 3: nobody even I mean, you don't have to look very
15:44
Speaker 3: far you can. There's a book by a woman named
15:47
Speaker 3: Margaret Leech who was written back in the seventies. It's
15:51
Speaker 3: a comprehensive biography of William McKinley. It's about six hundred pages.
15:55
Speaker 3: You can get this interesting. It's everything about his life.
15:59
Speaker 3: It's simply to imagine how we have come to this
16:03
Speaker 3: this point. I don't understand it. Do you understand it?
16:07
Speaker 2: The thing that gets me and what you're kind of
16:09
Speaker 2: alluding to there, and you're so much more well read
16:12
Speaker 2: and with so much more experience. I'm fifty, pretty well read.
16:16
Speaker 2: I've owned bookstores and I've read thousands of books, a
16:19
Speaker 2: lot of them nonfiction and history and stuff. The thing
16:22
Speaker 2: but even beyond like history past when I was born,
16:26
Speaker 2: so like the early seventies or whatever, stuff that I experienced.
16:30
Speaker 2: It is wild to me that people are changing the
16:33
Speaker 2: history that I lived. Yeah, you know that to me, Like,
16:37
Speaker 2: and it just goes to show stuff that you're remembering.
16:40
Speaker 2: You're a little older than I am, so the stuff
16:42
Speaker 2: that you're remembering and you're seeing the same thing. People
16:44
Speaker 2: without that cross reference of having experienced it will just
16:48
Speaker 2: take whatever narrative that they prefer, and they won't be like,
16:51
Speaker 2: wait a minute, I live through that. That did not
16:53
Speaker 2: happen that way way, And there's so much stuff that
16:56
Speaker 2: is being w retcond that I live through.
17:00
Speaker 3: To tell people that we can impose three trillion dollars
17:05
Speaker 3: in tariffs in taxes on imports that's going to be
17:09
Speaker 3: paid primarily by the American consumer, keeping in mind that
17:13
Speaker 3: those who make less money spend a far greater percentage
17:16
Speaker 3: of their earnings than those people who live as billionaires.
17:20
Speaker 3: It's regressive. And that that's going to take the place
17:23
Speaker 3: of the income tax, and we'll be able to cut
17:24
Speaker 3: government services and spending to a level that existed before
17:30
Speaker 3: the First World War is just I mean, it defies
17:34
Speaker 3: and I grew. I was born in nineteen forty nine.
17:37
Speaker 3: Harry Truman was the President of the United States. He
17:41
Speaker 3: left office and in nineteen fifty six, for the first
17:46
Speaker 3: time since eighteen seventy seven, a US president dispatched federal
17:54
Speaker 3: troops to enforce the civil rights laws in the South.
17:58
Speaker 3: They don't think he'd do it. The people in our
18:00
Speaker 3: Arkansas I didn't think Eisenhower were doing. Eisenhower was an
18:02
Speaker 3: old line white officer, black enlisted man army guy. He
18:06
Speaker 3: did completely integrate the armed forces, which Truman didn't do.
18:09
Speaker 3: Truman started it, but he held back. Truman, you know,
18:12
Speaker 3: he needed to be re elected and he needed to
18:14
Speaker 3: hold on to the Democrats in the South. Eisenhower just
18:18
Speaker 3: that's it. It's integrated. And they the people in Arkansas, though,
18:23
Speaker 3: well he's not gonna you know, Worville Faubus was the
18:27
Speaker 3: governor down there, radical segregationists, and they would not segregate
18:32
Speaker 3: Central High School in Little Rock until they heard the
18:36
Speaker 3: steel taps on those boots of the airborne troopers that
18:40
Speaker 3: Eisenhower sent down from Fort and Fort Campbell. Oh wow,
18:45
Speaker 3: he really means this. He really means that the United
18:48
Speaker 3: States is going to do what it's promised its citizens
18:51
Speaker 3: to do. And yeah, remember the day that Jack Kennedy
18:56
Speaker 3: was killed. Remember Lyndon Johnson's consent when he said he
19:01
Speaker 3: wasn't going to run again. I remember the life that
19:03
Speaker 3: he died. I saw Nixon wave when he resigned. I
19:07
Speaker 3: saw Gerald Ford, Sam'm a Ford, not a Lincoln, all
19:13
Speaker 3: of which took place in this post World War two
19:15
Speaker 3: packs Americana that we impose based on free trade, foreign aid,
19:20
Speaker 3: soft power in addition to hard power, and the people
19:24
Speaker 3: we just have. We've got so much material wealth available
19:29
Speaker 3: to so many people, not real wealth, but color, TVs,
19:37
Speaker 3: computer games, things that are really immaterial to the quality
19:41
Speaker 3: of life. We just forget. I think, Oh, we have
19:44
Speaker 3: a phone call.
19:44
Speaker 2: We have a phone call. Let's go and get our
19:45
Speaker 2: caller on the air now. Then we'll take our break.
19:47
Speaker 2: We'll go and get our caller on now, color go ahead,
19:48
Speaker 2: you're on the air. What's your first same?
19:49
Speaker 4: Hey this solicitations, gentlemen. I have a historical question for Harvey.
19:58
Speaker 4: It's not a legal question, but as you know, Harvey,
20:04
Speaker 4: Andrew s Rowan McKinley coocked to be the take the
20:08
Speaker 4: message to Garcia. Yeah, ANDREWS Rowan is from Monroe County,
20:12
Speaker 4: Gatmills in Monroe County, and I read a lot about that,
20:15
Speaker 4: as you obviously have. I heard your narrative today. I
20:19
Speaker 4: never did understand though, And if you have some historical
20:23
Speaker 4: so I'd like to know, how is it he came
20:25
Speaker 4: to pick Rowan to take that message to Garcia. He
20:29
Speaker 4: was only a colonel at that time, and I didn't
20:33
Speaker 4: know what the antecedents on that way, if any.
20:36
Speaker 3: Well, at the time he picked I think he had
20:38
Speaker 3: known Rowan worked with him. You know, being a colonel
20:41
Speaker 3: in the peastime army was a pretty high rank. Yeah.
20:43
Speaker 3: We've got a bigger General Army Corps now than we've
20:46
Speaker 3: ever had in the history of the of the of
20:48
Speaker 3: the Republic, even more general officers than we had during
20:52
Speaker 3: the Second World War. I think it was My understanding
20:56
Speaker 3: is that it was an acquaintance with somebody he trusted.
21:01
Speaker 4: I just never knew that. We always had that historical account.
21:04
Speaker 3: Yeah, well, remember we had the Andrew row At Home
21:06
Speaker 3: down there for a long time. The it was a
21:10
Speaker 3: home for children, was that the andrews Rowing Home.
21:13
Speaker 4: Might have been it was a recovery home or solicity
21:17
Speaker 4: you know, solicity solicitation type home for people with disadvantage.
21:22
Speaker 4: You there's something along with that nature. But yeah, because
21:25
Speaker 4: I had my great grandfather was in that home for
21:28
Speaker 4: a while, and I also thought at time it had
21:30
Speaker 4: a military aspect to it.
21:32
Speaker 3: So it's well have been a veterans home. It may
21:34
Speaker 3: well have. I'm not sure about that, man.
21:37
Speaker 4: I was always wondering about that process how through and
21:40
Speaker 4: got to be selected. I hope everybody was available at
21:43
Speaker 4: that time. So I appreciate your historical perspective. That's very interesting.
21:47
Speaker 3: Thank you very much, Thank you, Judge.
21:50
Speaker 2: At least a full line open for you if you'd
21:51
Speaker 2: like to get in. Threes are a four three for
21:52
Speaker 2: two eight one three one. Threes are a fourth three
21:54
Speaker 2: four two eight one three And Harley, it's going to
21:55
Speaker 2: take a break. We come back and finish up the show. Well,
21:57
Speaker 2: take a break right now. We'll come back right after this.
21:59
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Speaker 2: A little bit during uh during the break. But you
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Speaker 2: can talk about anything you'd like to UH with Harvey.
23:57
Speaker 2: We like to keep it within the scope of law
23:58
Speaker 2: or the topics that we're covering.
23:59
Speaker 4: This.
24:00
Speaker 2: You give Harvey a call threes or a four three, four, two,
24:02
Speaker 2: eight one to three one.
24:03
Speaker 3: Well, I mentioned not much going on in the legislature.
24:06
Speaker 3: There is something in the Supreme Court. Once again, I
24:08
Speaker 3: was reminded this week how disadvantaged the citizens of Kanaal
24:15
Speaker 3: County are by the fact that the County Commission refuses
24:19
Speaker 3: to work with the County Clerk to put property records online.
24:23
Speaker 3: Here the contract was quite plain to me. I got
24:29
Speaker 3: a call from a family who had an issue with
24:32
Speaker 3: an estate with a document and first and died in
24:37
Speaker 3: Kanawha County. And at the same time I was trying
24:43
Speaker 3: to work with another cent of ayors who were involved
24:46
Speaker 3: in an a state possible dispute in Putnam County and
24:50
Speaker 3: one in Lincoln County. So of those three, who would
24:54
Speaker 3: you think would be entitled would receive the best public
24:56
Speaker 3: service from from their court?
24:59
Speaker 2: Had you think the largest, most populated county one you.
25:02
Speaker 3: Might think that, or you may think Putnham County, or
25:04
Speaker 3: of course clearly prosperous. Lincoln County has all their records
25:09
Speaker 3: online and you know they use the same indexing software
25:15
Speaker 3: that is used in the Canaw County Courthouse. If you
25:18
Speaker 3: physically walk in the courthouse and go to a computer
25:20
Speaker 3: terminal and look at it, that's the only way you
25:22
Speaker 3: can see it.
25:23
Speaker 2: So it's incredible.
25:24
Speaker 3: Well, I could sit in my office, take a call,
25:28
Speaker 3: take an email, which we do a lot my job.
25:31
Speaker 3: My job now sort of is like officer of the
25:33
Speaker 3: deck or officer of the day. You know you're the
25:35
Speaker 3: od guy you on deck yet, but you know if
25:37
Speaker 3: you get calls, random calls. Tom's really got a full
25:41
Speaker 3: plate of injury work with which he does an excellent job.
25:46
Speaker 3: And so sort of, I mean I do some, but uh,
25:51
Speaker 3: I'm sitting there talking to these folks and thinking I
25:53
Speaker 3: can tell mister and missus Putnam County what they need,
25:57
Speaker 3: what I think they need to know, and I can
25:58
Speaker 3: certainly address the issues with these folks from Lincoln County
26:02
Speaker 3: because I'm reading the documents right here by these very
26:05
Speaker 3: nice people from Canawa County. It's like, can you go
26:09
Speaker 3: get a copy of that and bring it to me
26:11
Speaker 3: in my office, or I can go to the courthouse
26:13
Speaker 3: and look at it. If I will have to charge
26:15
Speaker 3: you to do that, now that's just not right. And
26:18
Speaker 3: now I saw commissioner of Selango, so I like that.
26:22
Speaker 3: I mean, he's a nice guy. His wife's from Nitro,
26:26
Speaker 3: I said, I good judge power couple, and like after
26:33
Speaker 3: the first time I asked, it was well, we don't
26:35
Speaker 3: know what it would cost to get all this digitized. Well,
26:37
Speaker 3: I said, well, but it already is digitized. Walk down
26:40
Speaker 3: the hall and take a rite at the end of
26:42
Speaker 3: the hall and you're in a room where they're computer terminals.
26:45
Speaker 3: Where there it is. So the next time I saw
26:48
Speaker 3: and asked, well, I don't know why Vera won't do that.
26:53
Speaker 3: So now it is our aging county clerk's fault. Well,
26:57
Speaker 3: how if I was a governing body of a cant
27:00
Speaker 3: county and while they are all equal elected officials, they
27:04
Speaker 3: get their budget through me, and I wanted to know
27:07
Speaker 3: why a department head wouldn't do something that was highly
27:11
Speaker 3: beneficial to the people that I represented. What would I do? Hmm?
27:17
Speaker 3: I would ask, like, send a directive over to the
27:22
Speaker 3: county clerk's hall and say, would you please come over
27:24
Speaker 3: and tell us what we need? Why you can't put
27:26
Speaker 3: these online. Then you wouldn't have to confront a county
27:29
Speaker 3: commissioner who could say, well, I don't know why she
27:30
Speaker 3: won't do that, and have people who are disadvantaged. That's
27:34
Speaker 3: a minor inconvenience. It's not cancer, it's not heart disease.
27:37
Speaker 3: But it's this kind of things that get into the
27:39
Speaker 3: cogs in the days of AI and rapid information availability.
27:45
Speaker 3: Anyone who's in Huyalk County, if you see all of the
27:47
Speaker 3: county commissioners, ask them, why can't I go online and
27:49
Speaker 3: read my dad's will?
27:50
Speaker 2: And a little context of that. Ingham County, Michigan, when
27:53
Speaker 2: I lived in Michigan in two thousand and one, was
27:56
Speaker 2: maybe the fourth or fifth county in the state to
27:58
Speaker 2: put all of their property records online. And everybody was
28:01
Speaker 2: up in arms of watt was taking them so long?
28:03
Speaker 2: Oh yeah, this was twenty three years ago. Let's go ahead.
28:06
Speaker 2: We have another phone call. Let's get call her in
28:08
Speaker 2: a caller. You're on the air. What's your first name?
28:11
Speaker 8: Hey, this is Bill from Dundar.
28:13
Speaker 2: Hey there Bill, what's your question for Harvey?
28:15
Speaker 8: Hey Harvey, thanks for taking my call. And I'd encourage
28:18
Speaker 8: anybody to go see Harvey. He's a great lawyer. But
28:22
Speaker 8: I have a question about your earlier topic on tariff
28:25
Speaker 8: and would you explain Harvey. Back in the Reagan administration,
28:30
Speaker 8: the Secretary of the Treasury, Donald T. Reagan, encouraged all
28:36
Speaker 8: the Fortune five hundred companies in America to locate and
28:40
Speaker 8: move their manufacturing facilities to China. I don't know if
28:43
Speaker 8: you've seen that clip or if you remember it at
28:46
Speaker 8: the time, but we have all these companies that moved
28:49
Speaker 8: their entire manufacturing base and America's based to China and
28:54
Speaker 8: to Asia, and that's why we have the problem that
28:58
Speaker 8: we have now. Did you explain a little bit about that. Well,
29:02
Speaker 8: Reagan administration really worris out.
29:04
Speaker 3: Well, you know, when when Ronald Reagan came into office, uh,
29:09
Speaker 3: with his with with Don Reagan and others, we were
29:13
Speaker 3: to appear to stagflation. We had inflation and a stack
29:16
Speaker 3: stagnant growth. It had continued from forward through Carter, and
29:21
Speaker 3: they perceived that the solution to inflation was to ship
29:24
Speaker 3: it overseas. I mean, if we are if inflation is
29:30
Speaker 3: apparent in consumer products and in TVs and in portable
29:34
Speaker 3: radios and in some food products, well if American manufacturers
29:39
Speaker 3: can find a place to make those products more cheaply
29:42
Speaker 3: and offer them to americ consumers at a lower price.
29:45
Speaker 3: That will dim the sting of inflation. And it did it? Did?
29:49
Speaker 3: I mean, you can you can go to Walmart and
29:52
Speaker 3: buy an eighty five inch collar television for six hundred dollars.
29:56
Speaker 3: Now you can't send your kid to college because we've
30:00
Speaker 3: stopped spending any money there, and it'll sap your dry
30:05
Speaker 3: or they're gonna end up with. But we do have
30:07
Speaker 3: cheap televisions. How do you reverse it? You certainly don't
30:12
Speaker 3: reverse that overnight. You don't do it by number one,
30:14
Speaker 3: increasing unemployment by a couple hundred thousand in highly paid,
30:19
Speaker 3: fairly skilled jobs in the federal government that are now vacant.
30:24
Speaker 3: But indeed, I mean, that's one of the effects. And
30:29
Speaker 3: maybe that idea from Reagan wasn't all that bad. The
30:32
Speaker 3: answer what we need is an answer that's in twenty
30:35
Speaker 3: twenty five, not one that's in nineteen fourteen or nineteen eighty.
30:43
Speaker 3: We need one that recognizes that this is a really complex,
30:48
Speaker 3: highly integrated world economy. You cannot build any item. I mean,
30:53
Speaker 3: I drive toyotas, I've driven Toyotas since the late nineties
30:57
Speaker 3: because they have a manufacturing facility in Putnam County. That's
31:01
Speaker 3: been a huge positive influence. But while the engine and
31:05
Speaker 3: transmission in my Toyota sedan is made in Buffalo, the
31:14
Speaker 3: electronics are made in either Taiwan or Japan. The steel
31:20
Speaker 3: that goes into the stamping parts probably comes from Canada.
31:25
Speaker 3: Some of the assembly of the interior, the seats, maybe
31:29
Speaker 3: the airbag modules may be come from Korea. The seats
31:33
Speaker 3: and the interior come from Mexico. There's simply no way
31:37
Speaker 3: in a modern world economy to achieve I believe the
31:42
Speaker 3: purpose that the underlying purpose of this from the standpoint
31:46
Speaker 3: of this administration, they want to completely eliminate the income
31:49
Speaker 3: tax because progressive income tax is hated by billionaires, and
31:56
Speaker 3: shift the tax burden to people who consume tax consumption
32:00
Speaker 3: and well all bess like sales tax. You know, the
32:04
Speaker 3: sales tax. It's essentially it's what it is. It's a
32:06
Speaker 3: value added or a sales tax, or a tax on imports.
32:12
Speaker 3: The integrated economy. We have to admit that the integration
32:14
Speaker 3: of the economy from Reagan did hollow out a large
32:18
Speaker 3: part of some Middle American manufacturing softened the blow somewhat
32:22
Speaker 3: by making products cheaper. How you may be more, maybe
32:27
Speaker 3: more poor or not as well fixed, but you can
32:30
Speaker 3: still afford the bright and shiny things that politicians like
32:34
Speaker 3: to point to. You can't educate your children, you can't
32:38
Speaker 3: afford medical care. Infrastructure may crumble, but hey, you know,
32:43
Speaker 3: we've got cheap televisions. That's remember. However, that from the
32:51
Speaker 3: standard of the car industry. Reagan imposed what we're called
32:55
Speaker 3: domestic content requirements, which are still in place, and that
32:58
Speaker 3: was a well thought out, well implemented policy to restore
33:07
Speaker 3: auto manufacturing to the United States. To keep US from
33:10
Speaker 3: being a purely foreign market for the Japanese, Koreans, Chinese, Germans, Italians,
33:17
Speaker 3: you have to have a certain domestic content in a
33:20
Speaker 3: vehicle to avoid extremely high pier if restrictions or limitations
33:26
Speaker 3: on imports at all. Toy editor Sell was probably the
33:30
Speaker 3: best small car economy car you could buy in the
33:33
Speaker 3: United States in the early nineteen nineties. Can't buy them
33:36
Speaker 3: now because they make them all in Japan and they
33:40
Speaker 3: simply can't afford to pay the due to import duties
33:43
Speaker 3: on a car made with no domestic content into the
33:46
Speaker 3: United States. So they have the Corolla instead. That's I
33:52
Speaker 3: think about it. I mean, I'm not a g I'm
33:54
Speaker 3: not even very that's smart. I wasn't like a National
33:56
Speaker 3: Honor Society student. I can read and I can reason,
34:00
Speaker 3: and both Tom and I have been excellent. There are
34:04
Speaker 3: careers in helping people and influencing juries and tribunals to
34:10
Speaker 3: help help our clients. So it's just beyond me why
34:15
Speaker 3: we can't just sort of separate but seem to be
34:18
Speaker 3: fairly basic principles. America is better off when we exercise
34:23
Speaker 3: soft power around the world. We're better off when the
34:26
Speaker 3: United States Agency for International Development helps earthquake victims or
34:33
Speaker 3: helps people suffering from AIDS in Africa. The Chinese are
34:36
Speaker 3: filling our void right now. They just stepped in soft
34:39
Speaker 3: power combined with an integrated financial system that uprates worldwide
34:44
Speaker 3: and conveniently, maybe with some adjustments. I mean, Biden left
34:49
Speaker 3: in place the tariffs which were long overdue on China.
34:54
Speaker 3: But this attitude that we're going to raise trillions of
34:57
Speaker 3: dollars and somehow pay off the national debt, reduce the deficit,
35:03
Speaker 3: and eliminate the income tax, I just think that's not
35:08
Speaker 3: to me. That's nineteenth century economics, laissez fair that we
35:11
Speaker 3: can never go back to. I mean, who was our
35:14
Speaker 3: competition in eighteen ninety five, Great Britain, Germany. I mean
35:19
Speaker 3: they were world superpowers and manufacturing. The Brits ruled the waves.
35:24
Speaker 3: We needed protection. We'd had protected industries through the entire
35:32
Speaker 3: history of the Republic. They also had high excess taxes
35:35
Speaker 3: on whiskey and tobacco and luxury products, on watches and
35:38
Speaker 3: things of that nature, and that ran the country. But
35:43
Speaker 3: there was a country of what about fifty million people
35:49
Speaker 3: without myriads of transcontinental railroads and cables and computers and AI.
35:58
Speaker 3: We just I just don't see how you can roll
36:02
Speaker 3: back the clock one hundred and thirty years and think
36:04
Speaker 3: things are going to be better, maybe better for somebody.
36:07
Speaker 3: I mean, we could go back and live like they
36:08
Speaker 3: lived in thirteenth century France, and if you were if
36:12
Speaker 3: you were the earl of the manor, then you lived
36:14
Speaker 3: pretty well. But I don't think the American people the
36:17
Speaker 3: reason we got that made the changes is because there
36:19
Speaker 3: was so much unrest. William McKinley was shot and killed
36:23
Speaker 3: by an anarchist. Louis jogosh An avowed anarchist an anarchy
36:31
Speaker 3: and black handism and things that nature were on the
36:34
Speaker 3: uprise in the United States because the income inequality was
36:38
Speaker 3: so great and so apparent, and we also had an
36:42
Speaker 3: unlimited work force. We don't have immigration laws. I mean,
36:45
Speaker 3: we had low wages from immigrants. Now that's a historical outlook,
36:53
Speaker 3: which you know, it really doesn't tell you anything about
36:55
Speaker 3: the law or what the Payton Law Firm does, except
36:57
Speaker 3: we think a lot at our office about how to
37:00
Speaker 3: solve problems. What's the root cause of this problem, how
37:04
Speaker 3: do we address it? How do we help our client
37:07
Speaker 3: either limit or eliminate their risk of loss or recover
37:13
Speaker 3: for a loss that they've suffered. Now you don't do
37:18
Speaker 3: that by telement that five seconds, thirty seconds. In thirty seconds,
37:22
Speaker 3: I'll tell you. We're at twenty eight to one First Avenue.
37:25
Speaker 3: It's about twenty minutes from downtown Charleston or Things Valley
37:29
Speaker 3: or Slaves of Saint Albans. Tom and I have over
37:32
Speaker 3: seventy combined years experience. Our staff is all locals to
37:36
Speaker 3: come to us. You see a lawyer, one of us
37:40
Speaker 3: for our staff, all of them have been there for years,
37:42
Speaker 3: some of them decades. Go online paint law firms, dot
37:46
Speaker 3: com