This article originally provided by The Charleston Gazette

August 18, 2004

Massey CEO seeks donations for McGraw opponent

By Chris Wetterich
Staff writer

Massey Energy CEO Don Blankenship is urging his compatriots in business to shore up the campaign coffers of Brent Benjamin, the Charleston lawyer running to unseat Supreme Court Justice Warren McGraw.

Calling McGraw "the symbol of what ails our state," Blankenship asks contributors to ante up $1,000 for the Benjamin campaign. He concludes his letter, "Let's elect Brent Benjamin and deliver a message that we're mad and we're just not going to take it anymore!"

Blankenship said the court is responsible for the high cost of auto insurance, the flight of young people and businesses from West Virginia and "the lack of law enforcement." Lack of law enforcement is a new ailment not previously blamed on the court by business groups. Blankenship could not be reached to explain the comment.

"I know how tough it is to overcome the many obstacles businesses face in our state. Many businesses don't, and they go out of business. Many of my friendly coal business competitors have been among the victims," Blankenship writes.

"Occasionally, an opportunity comes along to totally eliminate one of those obstacles. Such is the case this November ... Warren McGraw is clearly an obstacle for all businesses except plaintiff attorneys."

McGraw has said he thinks much of the campaign against him is motivated by the coal-severance tax he championed as president of the state Senate. The tax is imposed on all coal in the state and most of the proceeds go back to the counties in which the coal was mined.

The court dealt Massey, the largest parent company of a coal operator in the state, a defeat in March when it reinstated efforts by Gov. Bob Wise's administration to crack down on Massey subsidiary Marfork Coal for repeated blackwater spills and other environmental violations. McGraw voted with the court's 4-1 majority.

Benjamin, a Republican who has never been elected to public office, faces an uphill struggle against McGraw, a Democrat and mainstay in state politics for almost four decades. No Republican has been elected to the court without first being appointed since 1924.

In the last campaign finance report filed in mid-June, Benjamin had $11,171 on hand and had raised $25,275 total.

Steven Cohen, a spokesman for Benjamin, said the campaign is trying to insulate Benjamin from its fund-raising efforts. State law does not allow Supreme Court candidates to solicit campaign funds.

"Brent Benjamin is earning broad-based support across the state for his commitment for West Virginia values," Cohen said.

McGraw had about $21,278 on hand in mid-June and had raised $620,339 for the year. The race is seen by many as a proxy war between business and labor for control of the five-member Supreme Court. The state Chamber of Commerce spent about $850,000 on commercials critical of the court in an unsuccessful effort to knock off McGraw in the Democratic primary

If Benjamin wins in November, business groups believe he will vote with the Democratic justices viewed as more business-friendly, Spike Maynard and Robin Davis.

To contact staff writer Chris Wetterich, use e-mail or call 348-3023.