On the way back to Fayetteville, I stopped in Harrison, where the trial was held, to discuss it with Miss Ruth Wilson, a public accountant who did tax work for lots of hill people. I told Miss Ruth that I understood she had helped Holder’s lawyer, my friend F. H. Martin, with the jury selection. She said she had. I asked her half jokingly if she had packed it with Democrats. I’ll never forget her reply: “No, Bill, I didn’t. Actually, there were a fair number of Republicans on that jury. You know, those young men who came down from Washington to prosecute the sheriff were smart fellows, and they looked real good in their expensive suits. But they just didn’t know our folks. It’s the strangest thing. Nine of those twelve jurors had been audited by the Internal Revenue Service in the last two years.” I was glad Ruth Wilson and her boys were on my side. After she worked over those Washington lawyers, the Justice Department began to ask prospective jurors in tax cases about their own experiences with the IRS. With about two weeks to go, the congressman finally got his campaign in gear. He had seen a poll that said if he didn’t, my momentum might carry me to a narrow victory. His people pulled out all the stops. His business friends and the Republicans went to work. Someone began calling all the papers asking for the nonexistent photo of me demonstrating against President Nixon at the 1969 Arkansas-Texas game, giving birth to the infamous “tree story” I mentioned earlier. In Hot Springs, the chamber of commerce had a big dinner to thank him for all he’d done. Several hundred people showed up, and it received extensive coverage in the local paper. Across the district, Republicans scared businesspeople by charging that I had so much support from unions, I would be a puppet for organized labor in Congress. In Fort Smith, six thousand postcards we sent to political supporters identified in our phone canvass were never delivered. Apparently my labor support didn’t extend to the postal workers there. The cards were found a few days after the election in the trash outside the main post office. The state branch of the American Medical Association came out strongly for Hammerschmidt, hitting me for my efforts to get doctors in the Springdale area to treat poor people on Medicaid. Hammerschmidt even got federal revenue-sharing funds to pave the streets of Gilbert, a small town in Searcy County, a few days before the election. He carried it 38–34, but it was the only township in the county he won. I got an inkling of just how effective his work had been the weekend before the election when I went to a closing rally at the Hot Springs Convention Center. We didn’t have as many people there as had attended his dinner a few days before. Our people had worked their hearts out, but they were tired. Still, on election day, I thought we might win. As we gathered in my headquarters to watch the returns, we were nervous but hopeful. We led in the vote count until nearly midnight, because the largest and most Republican county, Sebastian, reported late. I carried twelve of the fifteen counties with fewer than eight thousand total votes, including every voting box along the Buffalo River in Newton and Searcy counties. But I lost five of the six biggest counties, suffering narrow defeats of fewer than five hundred votes each in Garland County, where I grew up, and Washington County, where I lived, losing Crawford County by eleven hundred votes and getting killed in Benton and Sebastian counties, where my combined losses were twice the total margin of victory. We each won one county by about two to one. He won Sebastian County, the biggest, and I won Perry County, the smallest. It seems ironic now, when rural Americans vote overwhelmingly Republican in national elections, that I began my political career with a profoundly rural base, born of intense personal contact and responsiveness to both their resentments and their real problems. I was on their side, and they knew it. The final total vote was 89,324 to 83,030, about 52 to 48 percent.
The Democrats had a good night nationally, picking up forty-nine House seats and four seats in the Senate, but we just couldn’t overcome Hammerschmidt’s enormous popularity and his last-minute push. When the campaign began, his approval rating was 85 percent. I had whittled it down to 69 percent, while mine had gone from zero to 66 percent, very good but not good enough. Everybody said I made a good showing and had a bright future. That was nice to hear, but I’d wanted to win. I was proud of our campaign and I felt that somehow I had let the steam go out of it in the last few days, and in so doing let down all the people who worked so hard for me and the changes we wanted to make. Maybe if I’d had the money and the sense to run effective television ads on the congressman’s voting record, it would have made a difference. Probably not. Nevertheless, in 1974, I saw firsthand, in thousands of encounters, that middle-class voters would support government activism to solve their problems, and those of the poor, but only if the effort was made with due care for their tax dollars, and if efforts to increase opportunity were coupled with an insistence on responsibility.
After I spent a few days traveling and calling around to thank people, I went into a funk. I spent most of the next six weeks at Hillary’s house, a nice place near campus. Mostly I just lay on the floor, nursing my regrets and trying to figure out how I was going to pay off my campaign debt of over $40,000. My new salary of $16,450 was more than enough to live on and pay off my law school debts, but nowhere near enough to cover the debt from the campaign. Sometime in December, there was a big band dance at the university, which Hillary coaxed me into taking her to. After we danced a few hours, I began to feel better. Still, it would be a good while before I realized the congressman had done me a favor by beating me. If I had won and gone to Washington, I’m sure I never would have been elected President. And I would have missed the eighteen great Arkansas years that lay ahead.
NINETEEN
In January 1975, I went back to my teaching, the only full year I did it uninterrupted by politics. In the spring term, I taught Antitrust and held a seminar in White-Collar Crime; in summer school, Admiralty and Federal Jurisdiction; in the fall, White-Collar Crime again and Constitutional Law. In Constitutional Law, I spent two full weeks on Roe v. Wade, the Supreme Court decision that gave women a constitutional privacy right to an abortion in the first two trimesters of pregnancy, the approximate amount of time it takes a fetus to become “viable”—that is, able to live outside the mother’s womb. After viability, the Court ruled, the state could protect a child’s interest in being born against the mother’s decision not to have it, unless her life or health would be threatened by continued pregnancy or childbirth. Some of my students who saw Constitutional Law as just another course in which they had to memorize the rule of law in each case couldn’t understand why I spent so much time on Roe. It was easy to remember the three-trimester rule and the reasoning behind it.