Bill Allain
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William A. Allain (February 14, 1928 – December 2, 2013) was an American politician and lawyer who held office as the 59th
governor of Mississippi The governor of Mississippi is the head of government of Mississippi and the commander-in-chief of the U.S. state, state's Mississippi National Guard, military forces. The governor has a duty to enforce state laws, and the power to either appro ...
as a
Democrat Democrat, Democrats, or Democratic may refer to: Politics *A proponent of democracy, or democratic government; a form of government involving rule by the people. *A member of a Democratic Party: **Democratic Party (Cyprus) (DCY) **Democratic Part ...
from 1984 to 1988. Born in Adams County, Mississippi, he attended the
University of Notre Dame The University of Notre Dame du Lac (known simply as Notre Dame; ; ND) is a Private university, private Catholic research university in Notre Dame, Indiana, United States. Founded in 1842 by members of the Congregation of Holy Cross, a Cathol ...
and received a law degree from the
University of Mississippi School of Law The University of Mississippi School of Law, also known as Ole Miss Law, is an ABA-accredited law school located on the campus of the University of Mississippi in Oxford, Mississippi, United States. Established in 1854, the School of Law offers t ...
in 1948. He served in the
U.S. Army The United States Army (USA) is the primary land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of the United Stat ...
during the Korean War and practiced law in Natchez until he was appointed Assistant Attorney General of Mississippi in 1962. In 1979 he was elected
Attorney General of Mississippi The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials a ...
. In that capacity he fought utility rate increases and sued to have members of the
Mississippi State Legislature The Mississippi Legislature is the state legislature of the U.S. state of Mississippi. The bicameral Legislature is composed of the lower Mississippi House of Representatives, with 122 members, and the upper Mississippi State Senate, with 52 me ...
removed from executive boards in state government. Allain ran for gubernatorial office in 1983. During the general election allegations emerged that Allain had engaged in sexual activity with transvestites. The veracity of the allegations were disputed and Allain won the election, but his credibility with the public was damaged and made it difficult for him to secure public support for his ideas as governor. Taking office in January 1984, he blocked tax increases and unsuccessfully pushed for a constitutional convention. Leaving office in January 1988, he opened a law practice in
Jackson Jackson may refer to: Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Queensland, a locality in the Maranoa Region * Jackson South, Queensland, a locality in the Maranoa Region * Jackson oil field in Durham, ...
. He died there after becoming stricken with pneumonia in 2013.


Early life

William Allain was born in
Washington Washington most commonly refers to: * George Washington (1732–1799), the first president of the United States * Washington (state), a state in the Pacific Northwest of the United States * Washington, D.C., the capital of the United States ** A ...
in Adams County, Mississippi, United States on February 14, 1928. He was educated in county public schools and graduated from Natchez High School. He studied
pre-law In the United States and Canada, pre-law (or prelaw) refers to any course of study taken by an undergraduate in preparation for study at a law school. The American Bar Association (ABA) requires law schools to admit only students with an accredi ...
at
University of Notre Dame The University of Notre Dame du Lac (known simply as Notre Dame; ; ND) is a Private university, private Catholic research university in Notre Dame, Indiana, United States. Founded in 1842 by members of the Congregation of Holy Cross, a Cathol ...
and enrolled at the
University of Mississippi School of Law The University of Mississippi School of Law, also known as Ole Miss Law, is an ABA-accredited law school located on the campus of the University of Mississippi in Oxford, Mississippi, United States. Established in 1854, the School of Law offers t ...
in 1948, graduating with a law degree in May 1950. Allain opened a law office in Natchez later that year, though upon the outbreak of the
Korean War The Korean War (25 June 1950 – 27 July 1953) was an armed conflict on the Korean Peninsula fought between North Korea (Democratic People's Republic of Korea; DPRK) and South Korea (Republic of Korea; ROK) and their allies. North Korea was s ...
he enlisted in the
United States Army The United States Army (USA) is the primary Land warfare, land service branch of the United States Department of Defense. It is designated as the Army of the United States in the United States Constitution.Article II, section 2, clause 1 of th ...
infantry. Honorably discharged in 1953, he returned to legal practice. He was a member of the
American Legion The American Legion, commonly known as the Legion, is an Voluntary association, organization of United States, U.S. war veterans headquartered in Indianapolis, Indiana. It comprises U.S. state, state, Territories of the United States, U.S. terr ...
and
Veterans of Foreign Wars The Veterans of Foreign Wars (VFW), formally the Veterans of Foreign Wars of the United States, is an Voluntary association, organization of United States Armed Forces, United States war veterans who fought in wars, Military campaign, campaig ...
. He married Dorus Johnson in 1964 and divorced her in 1970. He continued to practice law until he was appointed Assistant Attorney General of Mississippi in 1962. In that capacity he represented the state government in state courts, federal district and appellate courts, and the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
. He helped to represent the state to the federal government during the integration of the
University of Mississippi The University of Mississippi (Epithet, byname Ole Miss) is a Public university, public research university in University, near Oxford, Mississippi, United States, with a University of Mississippi Medical Center, medical center in Jackson, Miss ...
and in the ''Conner v. Johnson''
reapportionment Apportionment is the process by which seats in a legislative body are distributed among administrative divisions, such as states or parties, entitled to representation. This page presents the general principles and issues related to apportionment ...
cases. Leaving the post in 1975, he practiced law in
Jackson Jackson may refer to: Places Australia * Jackson, Queensland, a town in the Maranoa Region * Jackson North, Queensland, a locality in the Maranoa Region * Jackson South, Queensland, a locality in the Maranoa Region * Jackson oil field in Durham, ...
until 1979.


Political career


Attorney General

In 1979 Allain sought election to the office of
Attorney General of Mississippi The attorney general of Mississippi is a statewide elected office in the U.S. state of Mississippi. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials a ...
. A Democrat, he faced Republican
Charles W. Pickering Charles Willis Pickering Sr. (born May 29, 1937) is an American attorney, politician, and jurist who served as a United States district judge of the United States District Court for the Southern District of Mississippi and, briefly, of the Unite ...
in the general election. Opinion polls showed Pickering with a lead throughout most of the campaign. Two days before the election date, Pickering's campaign organization ran a series of radio ads in black-majority communities which accused Allain of opposing civil rights for blacks throughout his career and being a former member of a Citizens' Council. Allain's campaign publicized the ads further and denounced them as "gutter tactics", with the hopes of assuaging blacks' possible concerns while also garnering support from conservative whites. The following day both candidates scheduled press conferences in each major city in the state with a television media market. Allain's campaign scheduled him just before Pickering's appearances. In Jackson, Allain was slated to appear at the same hotel room as his opponent. His campaign team arranged for the room to be professionally lit, and Allain denounced Pickering for having "lied to the people of the state of Mississippi. He says one thing to the black community and another to the whites." Allain's team then removed their lights, leaving Pickering to deliver his press conference in a comparatively dim setting while overwhelmed with questions about his ads from reporters. Allain was elected
state attorney general The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, sta ...
on November 6, with Pickering attributing his defeat to the fallout from his ads. Allain earned a reputation as a consumer advocate. He fought utility rate increases and stopped the storage of nuclear waste in Mississippi. State labor president Claude Ramsay sought to broker an agreement between Democratic Party presidential candidate Walter F. Mondale and Allain when the latter sought a veto over the federal storage of nuclear waste in Mississippi as a condition for his political support of Mondale. In December 1981 Allain advised 36 members of the
Mississippi State Legislature The Mississippi Legislature is the state legislature of the U.S. state of Mississippi. The bicameral Legislature is composed of the lower Mississippi House of Representatives, with 122 members, and the upper Mississippi State Senate, with 52 me ...
that they should be removed from executive boards in state government, arguing that their participation on these bodies violated the
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
language in the
Mississippi Constitution The Constitution of Mississippi is the primary organizing law for the U.S. state of Mississippi delineating the duties, powers, structures, and functions of the state government. Mississippi's original constitution was adopted at a constituti ...
. After the legislature ignored the issue during its 1982 session, he warned them that he would pursue legal action against them. When final negotiations between the two parties failed, the legislators sued Allain on April 7, 1982 to secure a legal judgement in their favor. He filed his own lawsuit several hours later. The case was initially heard in the Hinds County Circuit Court in November, and the following February the circuit court judge ruled in Allain's favor. The legislators concerned appealed the case to the
Supreme Court of Mississippi The Supreme Court of Mississippi is the Supreme court, highest court in the state of Mississippi. It was established in 1818 per the terms of the first constitution of the state and was known as the High Court of Errors and Appeals from 1832 to 1 ...
, which unanimously affirmed the previous decision in ''Alexander v. State of Mississippi by and Through Allain'' and ordered the legislators to vacate their executive positions.


1983 gubernatorial campaign

In 1983 Allain ran for the office of governor, facing five other candidates in the Democratic primary, including businessman Mike Sturdivant and former lieutenant governor Evelyn Gandy. While Gandy was the most well-known of the three, Allain benefitted from press coverage throughout the year for his efforts to have convicted murderer
Jimmy Lee Gray Jimmy Lee Gray (September 25, 1948 – September 2, 1983) was an American criminal convicted for the kidnapping, sexual assault and murder of three-year-old Deressa Jean Scales in 1976. At the time of this murder, he was free on parole after ser ...
executed. He placed second in the Democratic primary and defeated Gandy in the primary runoff and faced Republican candidate
Leon Bramlett Leon Crow Bramlett Jr. (September 17, 1923 – October 19, 2015) was an American farmer, football player, and politician. Born in Clarksdale, Mississippi, he briefly played football at the University of Mississippi and the University of Alabama bef ...
in the general election. Allain ran a populist-style campaign, emphasizing his work as attorney to general to prevent utility rate increases. Early polls indicated that he had a large lead over Bramlett. During the campaign Bramlett attacked Allain for being a "bachelor" and emphasized that he was "blessed" with a wife and children and thus more qualified to manage education and healthcare issues. Allain accused Bramlett making "smears and innuendo" and of rumor–mongering, and emphasized that he had once had three step-children through his previous marriage. Meanwhile, three Republican oil company executives, having heard rumors that Allain regularly solicited sex from black transvestites, decided to enlist attorney Bill Spell and a private detective agency to investigate the veracity of the claims. They obtained a copy of Allain's divorce decree, which reportedly included grievances from his former wife that he would "absent himself at night over long periods of time and failed to perform his husbandly duties." The attorney and detectives interviewed three black transvestites who testified that they had sex with Allain and repairmen from his former apartment complex who said they had seen gay pornography in his unit. The oil executives informed Bramlett of their findings, but he refused to support their efforts. State Democratic leaders were tipped off about the investigation and decided that they would rebuff any allegations and support Allain. After failed attempts to get the media to report the story, Spell held a press conference on October 25 to publicly reveal the allegations, noting that the claims were supported by the three transvestites—who had undergone polygraph examinations—and by police officers who had reported witnessing Allain attempt to solicit transvestite prostitutes in the Farish Street District of Jackson. The allegations were printed on the front page of ''
The Clarion-Ledger ''The Clarion Ledger'' is an American daily newspaper in Jackson, Mississippi. It is the second-oldest company in the state of Mississippi, and is one of the few newspapers in the nation that continues to circulate statewide. It is an operating ...
'' the following morning. Allain denounced the allegations as "malicious lies", denied knowing the three transvestites, and said, "I'm no sexual deviate and Leon Bramlett knows it." He also said he would sue his accusers for defamation. The oil executives and their detectives moved the transvestites around various motels to control their appearances. Bramlett distanced himself from them and maintained that he had no involvement in the investigation. Other Democratic statewide candidates rallied to Allain's defense, while most media outlets rebuffed attempts by Spell to purchase advertisements to further publicize his findings. Feeling that he was losing momentum, Spell began demanding that Allain take a polygraph test. The candidate agreed to do so, but the two men disputed the arrangement of the examination. Shortly thereafter, Bramlett's campaign declared that if Allain passed three such tests the Republican would drop out of the race, while a group of businessmen demanded that both candidates take polygraph tests. Allain eventually took a polygraph test which supported his denials and his lawyer obtained an affidavit from one of the transvestite's parents, denouncing their son's credibility. By the close of the campaign, the contest had devolved into questions of the credibility of Allain and Spell, and Bramlett was largely forgotten by the public. In the general election on November 8, Allain won with 55 percent of the vote, while Bramlett only garnered 39 percent. In January 1984 the transvestites reneged their stories, saying they had been paid for their testimonies, and Allain's attorney said new polygraph test results showed they had lied in October. Considering the affair over, Allain never followed up on his threat of a lawsuit. Nevertheless, the allegations damaged Allain's credibility with the public and made it difficult for him to secure public support for his ideas as governor.


Governor

Allain was sworn-in as Governor of Mississippi on January 10, 1984, becoming the first
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to hold the office. He created an administrative task force of state agency heads to reduce the use of illegal drugs, leading to the interdiction and seizure of almost a ton of cocaine. He backed Steve Patterson's successful bid to become chairman of the Mississippi Democratic Party in May 1984. In 1984 the legislature passed a reorganization act which removed its members from executive boards—pursuant to the ruling in ''Alexander v. Allain''—and created two new advisory budget commissions, one which consisted largely of legislators and another which was controlled by the governor. Allain took a passive approach towards crafting his first budget proposal, figuring—correctly—that the legislature would largely ignore it. Strongly opposed to tax increases, in 1985 he vetoed a hike which would back the raising of the salaries of public school teachers. This generated the first teacher strike in the state's history, and eventually the legislature overrode his veto. His staunch refusal to support tax hikes contributed to the cutting of funding for many state services during his tenure. After securing the removal of legislators from executive boards, Allain focused on reforming the State Highway Department, which was led by a three-member elected commission. He instead lobbied for the leadership of the department to be placed in a director to be appointed by the governor. Failing to secure this change, he vetoed the highway funding bill in 1986. Irritated by the department's lack of responsiveness regarding questions over how much of its appropriated funds were not yet committed to projects, he issued an executive order to seize control of the department and its books so that leftover money could be moved into the state's
general fund Fund accounting is an accounting system for recording resources whose use has been limited by the donor, grant authority, governing agency, or other individuals or organisations or by law.Leon E. Hay (1980). ''Accounting for Governmental and Nonp ...
. The attorney general ruled against the takeover of the department but permitted Allain to have its books audited. The audit revealed that the department had $23 million in uncommitted funds, and over the following two years the legislature re-appropriated most of the money to other areas. In the aftermath of the 1986 legislative session, highway officials and several businessmen lobbied Allain to call the legislature into special session to fund the highways before the end of the fiscal year. He scheduled a special session for May 28, but backed away from his reform plan when it garnered little public traction. Highway funding was secured, while towards the end of the session the lobby group and the highway commissioners drafted a plan to greatly expand the number of the state's four-lane highways, dubbed Advocating Highways for Economic Advancement and Development (AHEAD), financed by a five-cent increase on fuel-per-gallon taxes. Legislators introduced the bill at the open of their 1987 session, but Allain proposed his own program the following day, which included four-lane highway construction, a reorganization of the highway department, and scrapped the tax hike in favor of a bond issue. AHEAD supporters ignored Allain's proposal, and were able to pass their program. Allain vetoed the bill, saying "I am not willing to be a party to any program which means an undue tax increase, coupled with a continuance of present practices." The legislature subsequently overrode the governor's veto. In 1985 Allain appointed Reuben V. Anderson to the
Mississippi Supreme Court The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in 1818 per the terms of the first constitution of the state and was known as the High Court of Errors and Appeals from 1832 to 1869. The court ...
, the first black man to ever sit on it. He also appointed a 350-person Constitutional Study Commission, chaired by former governor James P. Coleman. It outlined a new state constitution which greatly strengthened the executive authority of the governor, and appealed to the legislature to schedule a constitutional convention. The legislature scheduled two amendments for referendum in 1986, but though Allain publicly endorsed a full convention in early 1987, the legislature never permitted one to be held. As the result of the referendum to amend the constitution in 1986, the Governor of Mississippi was permitted to seek election to a consecutive term. Allain did not indicate whether he intended to seek re-election, but let the June 5, 1987 filing deadline for candidates pass without taking any action. He later explained, "I got a little tired ..With age and everything else, I just decided I didn't want to go campaign." He left office in January 1988.


Later life

After leaving the governorship, Allain opened a law practice in Jackson. He generally kept to himself in later years, and in 2009 lost much of his eyesight to
glaucoma Glaucoma is a group of eye diseases that can lead to damage of the optic nerve. The optic nerve transmits visual information from the eye to the brain. Glaucoma may cause vision loss if left untreated. It has been called the "silent thief of ...
. In late November 2013 he was hospitalized for
pneumonia Pneumonia is an Inflammation, inflammatory condition of the lung primarily affecting the small air sacs known as Pulmonary alveolus, alveoli. Symptoms typically include some combination of Cough#Classification, productive or dry cough, ches ...
. He died in Jackson on December 2 and was buried in Natchez City Cemetery. Unlike most Mississippi governors, Allain did not have an official portrait painted of himself during his tenure, and one was not unveiled until 2018.


Notes


References


Works cited

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External links

* , - , - {{DEFAULTSORT:Allain, William 1928 births 2013 deaths United States Army soldiers United States Army personnel of the Korean War Catholics from Mississippi Democratic Party governors of Mississippi Mississippi attorneys general University of Mississippi alumni University of Notre Dame alumni People from Washington, Mississippi Deaths from pneumonia in Mississippi 20th-century American lawyers 20th-century Mississippi politicians