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News (Media Awareness Project) - US AZ: Duo Allege Magazine Withheld Fair Shares
Title:US AZ: Duo Allege Magazine Withheld Fair Shares
Published On:2003-05-10
Source:Houston Chronicle (TX)
Fetched On:2008-08-25 16:44:56
DUO ALLEGE MAGAZINE WITHHELD FAIR SHARES

PHOENIX (AP) -- The founder of the magazine High Times expressed the ideals
of a generation when he called money "irrelevant" in 1976.

"Making money is not enough for us. Money and political 'power' ... strike
us as irrelevant," Thomas King Forcade wrote in a column in the magazine,
which is devoted to the cultivation and enjoyment of marijuana.

But nearly three decades after High Times' founding, money has become very
significant in a feud unfolding in an Arizona court between a former editor
and an ex-columnist on one side and members of Forcade's family on the other.

At the center of the fight is a trust fund set up by Forcade in 1974, the
year High Times was founded, to control the magazine and its related
businesses. The fund's only assets were shares in High Times.

The shares were to be distributed to loyal employees who had served for
more than 10 years on Jan. 1, 2000, effectively transferring ownership of
the publication from the nonprofit trust to longtime employees.

Those shares were distributed, but former editor and publisher Andy Kowl
and columnist Ed Rosenthal say they were unfairly cut out of the deal.

They blame members of Forcade's family, including his cousin John Goodson,
the Phoenix lawyer who oversaw the trust.

It is unclear how much the magazine and its related businesses are worth.
Rosenthal suggests it may be tens of millions; Goodson says it's not worth
as much as Rosenthal thinks but won't give specifics.

Rosenthal and Kowl have not said how big a piece of the business they
believe they are entitled to. Rosenthal and Kowl contend Goodson made sure
Forcade's relatives benefited from the trust, while Rosenthal and Kowl were
left out.

Goodson said, however, that Forcade empowered him to determine who should
become part-owners of the magazine under the terms set by Forcade. Those
people who received shares, including relatives, were loyal workers, he said.

And Rosenthal and Kowl do not qualify because Kowl was once fired by
Forcade and Rosenthal wrote his "Ask Ed" columns on marijuana growing and
other stories as a freelance writer, Goodson said.

Rosenthal, who is awaiting sentencing on federal marijuana charges in
Northern California, had his name on the masthead and contributed stories
to High Times for 17 years. He said he has earned the right to be a trust
beneficiary.

Kowl, who was editor and publisher after Forcade committed suicide in 1978,
said he was forced out by Goodson just as he would have qualified as a
beneficiary.

The men have asked a probate judge to decide. Both sides submitted written
arguments to the judge, who could set a hearing before ruling.

The glossy magazine features often self-mocking articles on the growing,
culture and politics of pot. It is unusual among renegade publications for
its staying power, with a paid circulation listed in court papers as
220,000. Its editorial headquarters are in New York.

"It has a large circulation and it's, in its area, a pretty well-respected
publication," said professor John Burks, journalism department chairman at
San Francisco State University and a former managing editor of Rolling Stone.

"He was very much a leader of the counterculture, opposing the evils of
government and the unfairness of classifying marijuana and hemp as illegal
substances," Goodson said.

Forcade "was a pretty crazy fellow. He was a daring one. He was very
dedicated to a different society than we have now. He was a very political
animal," Rosenthal said.

He said High Times "was fed by ideology, and that's what it's all about."

But he added: "That's not to say people don't want to be rewarded for what
they do."
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