Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index
| Printed Page 2660, Feb. 24 | Printed Page 2680, Feb. 24 |
Printed Page 2670 . . . . . Thursday, February 24, 1994
A. First of all, I guess the State Legislature are the ones that would mandate what we could regulate and whether that should be regulated. The cellular phones are making a local calls and they are not regulated as of now. If you regulate the calls --
Q. Well, right now, on SCANA, for example, forgetting the phone now and cable TV, do you understand that the Public Service Commission has authority to do whatever is necessary to make sure that costs aren't subsidized on the unregulated portion of SCANA's business?
A. Right.
Q. When you were there and if you were to go back, what would you do to do a good job of that?
A. Well, most -- well, we'll go back to the telephone. It's subsidized because once the breakup of AT&T, they counted -- depended on the long distance to subsidize the local service. All right, now they're down to lata that's giving service to a service area, which I guess Bell -- Southern Bell has about 20 competitors now that's in there competing in there across the boundaries in something that there wasn't supposed to, I'm sure. And they're competing with the long distance service in the lata which is a -- was a subsidy.

If you don't have the subsidies, the basic costs will be -- probably be higher.
Q. Mr. Chairman, we've reviewed Mr. Blackburn's SLED report and also his credit report. They're both negative in that there are no negative entries.

Mr. Blackburn, do you own any utility stock at this time?
A. Four years ago, I had -- let's see, I guess I own about 14. I sold all of my stock when I went on the first time.
Q. So you own some part of utility stock now?
A. About -- I didn't even know I had. About 15 shares of AT&T.
Q. So would you intend to sell your stock if you were elected?
A. Yes, sir.
Q. Does anyone else in your household own any utility stock?
A. No, sir.
Q. Your children, none of those work for utility companies or do any of them for work for law firms that represent utility companies?
A. No, sir.
Q. Your daughter who works in Washington who was a classmate of mine, her firm does not represent any utilities?
A. No. Actually she's worked with Senator Thurmond for seven years as a legislative director and took a year's sabbatical and they just got back to Washington.

Printed Page 2671 . . . . . Thursday, February 24, 1994
Q. Did you have any other employment now, Mr. Blackburn?
A. No.
Q. So this would be your sole occupation --
A. Sole.
Q. -- and the direction of your responsibilities would be towards this?
A. Yes, sir.
Q. Mr. Blackburn, have you reviewed your PDQ Summary?
A. Right.
Q. Were there any corrections on it?
A. One minor change.
Q. If you would give that to Ms. Hammond when we're through today.
A. All right, sir.
Q. That's all my questions, Mr. Chairman.
THE CHAIRMAN: Any members of the committee? Representative Wilkes.
EXAMINATION BY REPRESENTATIVE WILKES:
Q. Good morning, Mr. Blackburn.
A. Good morning, sir.
Q. I notice that you worked some 30 odd years at Southern Bell, what was you -- what were your duties there?
A. I was an engineer for the first 16 years and as a forecaster, economic forecaster, for the remaining 17 years.
Q. Did you retire from Southern Bell?
A. Yes, sir.
Q. Also I notice that you're a musician?
A. Through high school and college, that paid my way.
Q. Are you still active?
A. Not in music.
Q. Thank you.
A. Thank you.
THE CHAIRMAN: Any other members of the committee?
SENATOR COURTNEY: Mr. Chairman?
THE CHAIRMAN: Senator Courtney.
EXAMINATION BY SENATOR COURTNEY:
Q. Mr. Blackburn, do you receive a pension or anything from Southern Bell?
A. Yes, sir.
Q. And is that a monthly pension?
A. Monthly.
Q. Do you not serve on the Florence County Election Commission at this time?
Printed Page 2672 . . . . . Thursday, February 24, 1994
A. No, sir.
Q. That's all I have.
A. Thank you.
RE-EXAMINATION BY REPRESENTATIVE WILKES:
Q. One other question, what instrument do you play?
A. This was a string instrument and the saxophone, alto.
Q. Thank you. It used to be one of the qualifications, I think, to be on the commission was that you played some sort of a musical instrument.
A. Okay. I played the sax. I played the bass guitar. I'd call it that. I played the base guitar, I'll call it that.
MR. COUICK: Thank you, Mr. Blackburn.

(Off the record)
THE CHAIRMAN: Any other questions? Thank you so much, Mr. Blackburn.
A. I appreciate it.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Mr. M. Lee Blackburn
Home Address: Business Address:
1919 E. Sandhurst Drive Retired

Florence, S.C. 29505

2. He was born in Augusta, Georgia on April 3, 1930.
Social Security Number: ***-**-****

3. S.C. Driver's License Number: *******
S.C. Voter Registration Number: 0 382 848

4. He was married to Barbara Crosby Blackburn on June 30, 1956. He has three children: Cynthia Blackburn Sensibaugh, graduate of U.S.C. Law School, (attorney in Washington, D.C.); McKiney Lee, Jr., received his MA and PHD degrees in economics from Harvard, (assistant Professor, U.S.C.); Deborah Diane, Francis Marion graduate, (paralegal in the S.C. Secretary of State's office).

5. Military Service: US Navy, aboard the U.S.S. McClelland DE 750 from 1950 to 1952, Korean War, Rank: YM3, honorably discharged in 1954.

6. He graduated from the Citadel in 1956 with a B.S. in Commerce.

Printed Page 2673 . . . . . Thursday, February 24, 1994
7. He was appointed in 1990 to serve on the Public Service Commission until a vacant seat was filled in 1991. Appointed commissioner to the South Carolina Commission on Aging from 1978 to 1982; delegate, White House Conference on Aging in 1980; South Carolina Statewide Health Coordinating Council from 1978 to 1981; South Carolina Agency Head, Salary Commission from 1987 to present; South Carolina Notary Public from 1970 to present; Florence County Election Commission from 1989 to 1991.

9. He worked in a supervisory position from 1956 to 1989 at Southern Bell Telephone Company; from 1946 to 1950 he worked at Fred Sabback Stars of Tomorrow Studio; and directed Lee Blackburn's orchestra from 1946 to 1956.

19. From 1989 to 1991 he served part time on the Florence County Election Commission.

22. In seeking this office he has spent these amounts:
$158.10 for letters of intent to legislators;
$139.50 for follow-up letters to legislators;
$70.75 for Christmas cards to legislators;
total = $368.35

27. Civic, charitable, etc. organizations:First Baptist Church; VFW Post 3181; Amity Lodge 340; Association of Citadel Men; has held leadership roles in the Jaycees; Chamber of Commerce; Lions Club; VFW; Boy Scouts; Telephone Pioneers of America; PTA (president).

Achievements and Honors include: S.C. Jaycees Awards; Chamber of Commerce top producer award; S.C. VFW Community Service awards; Boy Scouts Adult Leadership awards; Lions Club man of the year award; Who's Who in American Politics from 1976 to present; Personalities of the South from 1976 to 1984; Personalities of America 1979-1980.

29. Five letters of reference:
(a) Rev. Jimmie E. Harley
Pastor, First Baptist Church

Florence, S.C.

(803) 662-9451

Printed Page 2674 . . . . . Thursday, February 24, 1994
(b) Mr. Ed Young

Past President of the Florence Chamber of Commerce

Florence, S.C.

(803) 662-2900

(c) Dr. Morris H. Anderson

Veterinarian

Florence, S.C.

(803) 662-7074

(d) Mr. W. Leo Ruff, Jr.

SCN Bank Officer

P.O. Box 10053

Florence, S.C. 29501

(803) 664-4000

(e) Dr. C. Edward Floyd

Surgeon

511 S. Irby Street

Florence, S.C. 29501

(803) 669-1220

30. Sixth District

MR. COUICK: Mr. Chairman, our next candidate is Mr. James Leon Cannon. Mr. Cannon, if you would raise your right hand please.
JAMES LEON CANNON, having been duly sworn, testified as follows:
MR. CANNON - EXAMINATION BY MR. COUICK:
Q. Mr. Cannon, I'm looking at your driver's license. It indicates that you live at 1103 Oak Street, Conway, South Carolina, 29526. And I believe your driver's license indicates the same address. Is that your correct address?
A. Yes, sir.
Q. And is that in Horry County, I believe?
A. Yes, sir.
Q. Mr. Chairman, we've reviewed Mr. Cannon's SLED report and also his credit record. Both are negative in that there are no negative entries on them. They're clear.

Mr. Cannon, do you own any utility stock?
A. No, sir.
Q. Does anyone in your household own any utility stock?
A. Not to my knowledge.
Q. If they did, what would be your stance on that? Would they need to sell that if you were to be elected?

Printed Page 2675 . . . . . Thursday, February 24, 1994
A. Most possible.
Q. I believe you're retired from the South Carolina National Guard; is that correct?
A. Yes, sir.
Q. And you were -- served with the Guard for, is it, 41 years; is it correct?
A. Yes, sir.
Q. 1947 to 1988. When you retired, what was your position with the Guard?
A. I was the Army National Guard recruiting for the last six years.
Q. What causes you to run for the Public Service Commission, Mr. Cannon?
A. You noticed on my resume, I've always wanted to serve people and --
Q. Why the Public Service Commission to serve people?
A. Well --
Q. Looking at your history --
A. -- with my -- excuse me.
Q. Go right ahead.
A. In your everyday dealings, you're dealing with what your looking at. There's utilities, transportation, gas and that's fascinating and this 21st century is going to be something. Somebody needs to be on this board that's interested in not just being on the board, but this 21st century coming in.

I think that my mind and all would be open to this new -- because I keep telling my own children that something has got to be done. And whatever is going to come, it's going to come in front of this board. And I think with due process that I could give the right decisions.
Q. Yes, sir. What one or two major issues do you think are coming up before the Public Service Commission that you would like to be involved in, specific issues you believe are coming up?
A. I hope it's not, but we've got a railroad down there at Myrtle Beach that is trying to get involved in it and I don't know whether it will come in front of the Public Service Commission or not. We have one that's been closed and I don't know exactly what the Public Service Commission whether the Public Service Commission will have anything to do with it. But that interested me.

And weights on our bridges, it's -- something is happening in our state to our highways because of the weight and I just hope it's distance -- distributed equally and I don't know whether we've got the right people or enough people out there checking to -- on our bridges. It scares me.

Printed Page 2676 . . . . . Thursday, February 24, 1994
Q. And weight has been -- weight checks have been something of particular concern to your chairman of this committee. Which of those responsibilities reside with the Public Service Commission and which of those responsibilities reside with the patrol?
A. I think both of them. In the long run, it will come under the Highway --
Q. Of Governor's --
A. The Governor's staff has just selected different groups. I don't know which one this would come under, but I think before it's over with that the thing that you asked me would come under one heading before it's over with.
Q. Mr. Cannon, you served as a magistrate, is that correct, at one time?
A. Yes, sir.
Q. And that was back in the sixties and seventies?
A. Yes, sir.
Q. You were appointed by the Horry County delegation, senatorial delegation; is that correct?
A. I run -- that was one of the few counties that we had to run.
Q. Okay.
A. And if you noticed in the -- I believe I left in '81. And I had a little incident there that you --
Q. Yes, sir. I'm looking at a newspaper article from the Loris Sentinel from 1971, where it notes that you were, I believe, removed by Governor West?
A. No, sir. I had a misconduct hearing in front Governor West.
Q. Right. Please describe for the committee about the hearing, what you were charged with and what the disposition was.
A. In 1969, I run for office. I run for office because I -- like I said, before I just want to serve the public. In 19 -- I got elected in 1971. If you are familiar with a Magistrate's Court in which we didn't have any at the time when I got elected, I thought I would bring a little prestige to the court system.

We used to meet on Coca-Cola crates in back rooms in grocery stores. With the Honorable James P. Stevens, we established a courtroom and with a robe and you were addressed as your honor instead of Leon or Cannon or -- we brought some prestige. That wasn't what the Highway Department was used to in my county.

They were used to coming in and doing their thing. And when I mean their thing, it's unusual for me as an individual to see an officer coming into the court and sitting on your secretary's desk. And it was just -- I had to bring some kind of prestige, I thought, to the people who elected

Printed Page 2677 . . . . . Thursday, February 24, 1994
me for -- as the magistrate's office and asked them to remove their belongings off the secretary...

I even had to do put a partition door -- a revolving door to keep them out of the office. And from that day on anything I did was against the Highway Patrol. They
-- if you give some individuals a weapon and a gun, they go completely insane. I have been in it all my life. And we've got some good officers. We've got to have them.

And I've noticed in the proceedings in weeks and years afterwards, some of these same officers, and one of them in particular, has lost his job because he got involved in something he shouldn't have got involved in. And that particular thing, I was brought in front of the Governor. I noticed that the Grand Jury brought -- I was brought in front of the Grand Jury in Horry County and they wholeheartedly endorsed me and what I did.
Q. Mr. Cannon, the gravamen of the complaint as I understand it from the newspaper was that you were too lenient on folks and that you actually held up cases to allow them to prepare for trial, et cetera, drunk driving cases and you did not accede to the wishes of the Highway Patrol to push cases rapidly, is that the case?
A. It's unusual for you to find a judge that does not drink.
Q. Right.
A. I was one of the very few. And DUI is most important issue in this state with liquor -- MADD, M-A-D-D, the ladies and everybody else, and people getting killed. What I did I thought I did right.

There are no statutes in the books unless they've changed since I've been gone since '81. The fine says not less than a hundred dollars. It didn't say that you couldn't charge ten dollars. And the governor didn't understand that. But he gave me permission to continue and --
Q. He actually put you on probation for one year --
A. Yes, sir.
Q. -- I believe?
A. Yes, sir.
Q. Under the supervision of his office?
A. Yes, sir. And after the -- that's right. And after the supervision, I got the highest amount of votes that's ever been gotten in Horry County.
Q. And that was in 1972 when the probation --
A. Yes, sir.
Q. And how many more years after that did you serve?
A. '81.

Printed Page 2678 . . . . . Thursday, February 24, 1994
Q. And when you retired as a magistrate, you were the head magistrate, I believe?
A. Yes, sir. The first chief magistrate in the State of South Carolina was in Horry County and my district won, yes, sir.
Q. Mr. Cannon, you had an opportunity, I believe, to review your PDQ summary that we provided you this morning?
A. Yes, sir.
Q. Did you have any corrections you would like made to it?
A. Yes, sir.
Q. Please indicate those in writing and you can hand those up to Ms. Hammond at the conclusion of the hearing?
A. All right, sir.
Q. Do you have any objection once it's been corrected for it to be entered on the record of these proceedings?
A. No, sir.
Q. At the commission if you were to be elected, would you see yourself as a consumer advocate or would you be an advocate for the industry? What would be your position, Mr. Cannon?
A. Well, it's my understanding of the commission, you have so many different committees that's got more sense than the commission doctors that will bring back in front of committees and I would do everything in an open mind. I-- you've asked me a good question. And what they would bring back, I would have an open mind in front of the commission. I know that there are seven of us that's elected on this board, we'll make that decision. But I know also that we can be overruled by the courts.
Q. Right. Would it be a particular responsibility of yours to look out for the consumer?
A. No, sir.
Q. How about for the regulated industries?
A. For the individual.
Q. And that individual being the consumer?
A. Yes, sir.
Q. What type of cases generally come before the Public Service Commission, Mr. Cannon?
A. Please repeat that.
Q. What type of cases would generally come -- what kind of decisions would you be called on to make?
A. I'm sure -- let me say this, my wife works for -- my wife worked for General Telephone Company for 40 years. If they wanted a rate increase of fifty million dollars, I'm sure here they come with the necessary papers.
Printed Page 2679 . . . . . Thursday, February 24, 1994
A gas utility company, if they want a rate increase I'm sure they come here. Transportation on the new law that just passed January 1, the ban is gone and now we've got individual state CCIR or something like that. You don't -- you have to buy it -- you don't buy your coupons like you used to. One state does it and you got to have a base station.
Q. Your wife, does she receive a pension from the phone company?
A. Yes, sir.
Q. And did you tell me that she may own some stock in the phone company? You weren't sure?
A. She has stock in General Telephone. Let me say -- let me be sure of that, sir. She does not have stock with General Telephone. She was one of the quick outs. You know, retired. When I got sick she stayed with me and retired.
Q. I was going to say 40 years doesn't sound much like a quick out, though, does it?
A. Well, if you got quick retirement -- if you notice in my paperwork, everybody with big companies now.
Q. Mr. Chairman, that's all my questions.
THE CHAIRMAN: Any questions by any other members of the committee? Off the record.

(Off the record)

THE CHAIRMAN: Thank you so much, Judge.
A. Yes, sir.
THE CHAIRMAN: I appreciate your coming.
A. Thank you all.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. James Leon Cannon

Home Address: Business Address:

1103 Oak Street 1103 Oak Street

Conway, SC 29526 Conway, SC 29526

2. He was born in Conway, South Carolina on April 14, 1930.

Social Security Number: ***-**-****.

3. S.C. Driver's License Number: *********;

S.C. Voter's Registration Number: 0547700.

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