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.e/ The Texas OBSERVER Have we 1' The Texas Observer Publishing Co.. 1979 Ronnie Dugger. Publisher

Vol. 71, No. 5 March 16, 1979 Incorporating the State Observer and the East Texas Demo- got a deal crat, which in turn incorporated the Austin Forum-Advocate.

EDITOR Jim Hightower MANAGING EDITOR Linda Rocawich ASSOCIATE EDITOR Eric Hartman EDITOR AT LARGE Ronnie Dugger for you! PRODUCTION MANAGERS: Susan Reid, Beth Epstein ASSISTANT EDITORS: Vicki Vaughan, Bob Sindermann Jr. STAFF ASSISTANTS: Margot Beutler, Viki Florence, Jeannette Gar- rett, Helen Jardine, Ann Kriss, Donna Ng, Anne Norman, Beverly Palmer,Martha Owen, Karen White, Harris Worcester CONTRIBUTORS: Thomas D. Bleich, Ave Bonar, Berke Breathed, Warren Burnett, Bob Clare, Jo Clifton, Bruce Cory, Keith Dannemiller, .Austin Jeff Danziger, Chandler Davidson, John Henry Faulk, David Guarino, So yoU bought yourself a little Chevy from the dealer, getting Roy Hamrie, Doug Harlan, Jack Hopper, Dan Hubig, Molly Ivins, Susan a pretty good price and a 12-month warranty. But a month later Lee, TiM Mahoney, Maury Maverick Jr., Dave McNeely, Kaye Northcott, Lois Rankin, Ray Reece, Laura Richardson, Ben Sargent, an engine defect causes the block to crack, turning the value of Lisa Spann, John Spragens Jr., Sheila R. Taylor, Stanley Walker, Eje your little jewel into that of scrap metal. You take it in for a new Wray, Ralph Yarborough engine under the warranty, but the dealer blows cigar smoke in 0 your ,face and tells you to get lost. In a huff, you go to your A journal of free voices lawyer and he gives you the bad news: "Texas used to have a We will serve no group or party but will hew hard to the truth as we solid consumer law that would have helped you, my son, but find it and the right as we see it: We are dedicated to the whole truth, to Sen. Bill Meier and the boys in the '79 Legislature took a meat human values above all interests, to the rights of humankind as the cleaver to it, and now auto warranties- are exempt from the foundation of democracy; we will take orders from none but our own consumer act." conscience, and never will we overlook or misrepresent the truth to serve the interests of the powerful or cater to the ignoble in the human spirit. The editor has exclusive control over the editorial policies and con- A salesman. at the garden center tells you not to bother with tents of the Observer. None of the other people who are associated with the enterprise shares this responsibility with him. Writers are responsi- spreading composted manure on your lawn, but persuades you ble for their own work, but not for anything they have not themselves instead to try a bag of his own chemical pellets, guaranteed to written, and in publishing them the editor does not necessarily imply make your grass lake notice. You pay the $5.95, dose your lawn that he agrees with them because this is a journal of free voices. with it. as instructed, and sure enough your grass notices. It BUSINESS STAFF: Joe Espinosa Jr. (circulation), dies. Back to the garden center, where the salesman bellows, Rhett Beard (advertising), Cliff Olofson "Caveat emptor, sucker:" Again, bad news from your lawyer: "In their wisdom, members of the 66th session removed the Published by Texas Observer Publishing Co., biweekly except for a three-week inter- consequential damages provision from the Consumer Protec- val between issues twice a year, in January and July; 25 issues per year. Second-class postage paid at Austin, Texas. Publication #541300. ISSN 0040-4519. tion Act, so while we could recover your actual loss of $5.95 for Single copy (current or back issue) 50C prepaid. One year, $14: two years, 525: three those pellets that didn't quite work out as promised, I'm afraid years, $36. Airmail, foreign, group, and bulk rates on request. it's just tough luck about your yard." Microfilmed by MCA, 21 Harristown Road, Glen Rock, N.J. 07452. POSTMASTER: Send form 3579 to The Texas Observer at address below.

Editorial and Business Offices You go to the department store for that $150 special on the 600 West 7th Street, Austin, Texas 78701 sewing machine advertised in the morning paper, but the lady (512) 477-0746 says, "No, we're suddenly out of those, but we've got one here that you'll like better for only $200." It's a bait-and-switch scam, pure and simple, but the store won't make good on the 2 MARCH 16, 1979 will pick that act clean—Sen. Bill Meier is carrying their pack- The Health Jolting Chair age in the Senate, and Rep. Danny Hill and eight others are COPY R10 toting it in the House. Thr most imp.ortant 3.4 calth 7/Utc1Ya11ism tiro; produccd Ofot.c.)eftof `i+Gol'iriire foz rite Sabge-afoz.>e. What's at stake? Texas has pioneered in the area of consumer protection, lead- It affords a PERFECT ing the country toward a better way of resolving buyer-seller means of giving EFFICIENT exercise to the ESSEN- conflicts. While many states were establishing cumbersome TIALLY IMPORTANT agencies to act as third parties for consumers, the 63rd Legisla- NUTRITIVE ORGANS OF ture approved a bill giving power not to a bureaucracy but to THE BODY in the most DIRECT, CONVENIENT, consumers themselves. COMFORTABLE, and IN- The act recognizes that an individual consumer is hardly a EXPENSIVE manner. match for an auto dealership or a Sears store, so it adjusts the jSnilnIlit for nii •grs :me for balance of power in the marketplace somewhat by expanding most plpisitnI tonbilions. the causes of action under which consumers can take their INDISPENSABLE TO THE HEALTH AND HAPPINESS grievances directly to court and by increasing the amounts they OF MILLIONS OF HUMAN can win there. The real beauty of the law is that it doesn't BEINGS WHO MAY BE LIV- depend on public regulators, but instead builds into the private ING SEDENTARY LIVES through choice or necessity. sector a self-regulating mechanism that gives consumers incen- prrscrucs geztitlx, tive to defend themselves against business abuses, while also tares piscase, unit giving businesses incentive to do the right thing in the first prolauls place. An ingenious, rational, To back up this private-remedy approach, the '73 act allows scientific, mechanical means of overcoming those impediments the Texas attorney general to seek civil penalties against to the taking of proper exercise, chronic violators of the consumer law and against those firms erected by the artificial methods engaged in widespread, massive abuses. Again, no bureaucratic of modern society. red tape is required—the AG maintains a small staff, including Igor trcfnin rInssp Jai 20 attorneys, to handle consumer complaints that come into any inunlitts n ucrilnble of seven field offices located around the state. TI"Castirt-Trout. A CONSERVATOR of There's no question that the law works. It's impossible to NERVOUS ENERGY. measure the number of actions, including out-of-court settle- No dwelling-house is com- ments, that private citizens have brought, but attorneys familiar pletely furnished without The Health Jolting Chair. with this line of practice say that the treble-damage consumer suit is becoming more frequent every year as Texans learn that Circa 1880 advertisement such a remedy is available to them. One statistical measure of the act's impact is the record of the AG's consumer office—in the six years since the law was put on the books, the attorney ad, so you figure you'll teach them about messing with consum- general has received 71,850 consumer complaints, filed 363 ers. Under the state Consumer Protection Act you can recover cases, and won all but three of those, bringing $3 million worth three times your loss–in this case, it would be three times the of restitution to consumers. The AG's office has won another $50 difference between the two machines. "Well, not exactly," $5.3 million for aggrieved consumers through negotiated set- your lawyer explains. "Legislators in 1979 removed the treble- tlements with the offending businesses. - damage provision for such itty-bitty rip-offs as $50 price differ- ences on the grounds that this sum doesn't really add up to a But caseloads don't begin to tell the story, for the major effect 'gross disparity' between the image and the reality." As your of this tough law is the number of suits it has prevented, rather lawyer edges you toward the door, you try another tack with than those it has generated. Texas shifted with the passage of the '73 law from being a state of him, suggesting that you could join with other deceived cus- caveat emptor to one of caveat vendor, tomers in a class action suit to push the store to the wall on this and this basic change has attracted the attention not matter. "The Legislature decided it would be best to eliminate only of the unscrupulous operators, but also of those normally class action suits from the consumer act," the lawyer says in his honest business people who might occasionally fudge a fact or most soothing tone, closing the door firmly behind you. two to make a sale. Indeed, even the scrupulously honest, who make up the vast majority of Texas' entrepreneurs, now check * their Ps and Qs twice on a transaction to make sure there is no inadvertent foul-up in their dealings with customers. For exam- These adventures of a consumer-in-Wonderland have not yet ple, Texas Realtor magazine published in its January issue sev- come to pass, but they will if a host of business lobbyists have eral comments from its members on their responses to the Con- their way with the state's landmark Consumer Protection Act, sumer Protection Act: passed in 1973. The lobbyists have a ream of amendments that • A Round Rock realtor: "We're cautious with listings. We THE TEXAS OBSERVER 3 do not want to advertise or make statements that aren't verified. Times reporter, "but by and large this [act] is a kind of shotgun For instance, if the seller says the heating system is new, we approach. They're trying to kill an ant with a shotgun." An want to see something in writing on that unit." Odessa realtor says, "I don't oppose any program that seeks to • A Lubbock realtor: "A salesperson must 'know whereof he protect the consumer against deceptive trade practices, but speaks' and should have a specific reason for each statement. Is such legislation was unnecessary because through our state and the statement honest and accurate and will it be a step toward national associations we have made the term "realtor" securing the listing or closing the sale? Unless a statement synonymous with integrity, competency and fairness." meets these qualifications, it shouldn't be expressed." So these Honest Joes have come up with a deal for Texas • A College Station realtor: "Not only are lawsuits avoided, consumers—we'll be allowed to have a consumer protection but time and emotions are spared when conditions are spelled act, but it won't do anything for us. Their package of amend- out in a written and signed agreement." ments, SB 357 in the Senate and HB 744 in the House, is one of • A Houston realtor: "When we list a home and the seller the crudest, most arrogant power plays since the lobby used to tells us, for example, 'the dishwasher is new,' we ask, 'how carry satchels of money directly onto the floor during a key new?' An eight-month-old dishwasher may seem new to the vote. What they are offering is nothing less than the gutting of homeowner, but in reality it is a used appliance. When agents the 1973 act, leaving Texas consumers with less protection than demonstrate their cognizance. we find that buyers won't perjure if there were no law at all. It gets a bit technical, but there's no themselves in a future suit by saying, 'She said it was new.' " better way to understand what the lobbyists have in mind than All of which goes to say that the law is doing what it was to review some of the major sections that they want to amend: intended to do, and that is precisely what has it in such trouble For openers, they propose to scratch "breach of express this session with some of the state's biggest business lobbies: • or implied warranty" from the language of the act, a sim- for their taste, the law works too well. ple six-word deletion that only eliminates the number one con- sumer cause of action, not only in Texas but nationwide. About What's being proposed? 75 percent of all actions under the current law arise from refus- Business interests can't find enough good things to say about als by auto dealers, homebuilders and other to comply with the the general idea of consumer protection, but then they can't find terms of their warranties. If this amendment passes, they won't anything good to say about the current act. "There should be have to—their "warranties" will be worthless paper to consum- consumer legislation," an El Paso builder assured an El Paso ers.

Norbert Kossak: getting down to business

took up electronics as a hobby, but since 1961 he has parlayed it By Vicki Vaughan into a profitable trade, and he'll not hesitate to tell you that he's Austin proud of his work. On February 26, a long line of paid business lobbyists came His customers are proud of it too, and that is the most impor- before a House committee to tell the members that all sorts of tant thing to him. If anybody ought to be worried about the evil would befall Texas' businesses, especially small firms, un- strong language of Texas' consumer protection laws, it should less the state's Deceptive Trade Practices Act is radically al- be Kossak, for most of his repair work is on products under tered. Much to their chagrin, however, Austin electronics re- warranty. Indeed, Kossak's independent operation is the only pairman Norbert Kossak slipped in among them to give the lie warranty station in Central Texas handling repairs for the to the image of crippled businesses that they had been carefully Robert Bosch Company, an international manufacturer of elec- conjuring up for the committee—Kossak, a small business tronic gear especially noted for its Blaupunkt automobile ra- operator with 15 years' experience, said he flourished under the dios, which are installed in most German and Scandinavian current law and saw no reason at all to tamper with it. "It's only cars. So, when an unhappy Mercedes owner finds his or her

• the crook who has to worry about deceptive trade," Kossak ) told the lawmakers, and added, "You can send a policeman to stand on my doorstep to watch me and I don't care, because I want to do what is right." Kossak, who learned his trade in Germany and Switzerland, says he's seen strong consumer laws work to everyone's benefit in other countries, and while he does think "all that attorney language" in the Texas statute ought to be replaced with everyday English, he says it is a law that he can—and does— live with, triple-damage threat -and all. Kossak is owner, operator and resident raconteur of the German Musik Shop in northeast Austin, where, with the slightest encouragement, the voluble Sudetenland-born techni- cian will hold forth on any subject from furniture design (he was apprenticed in Germany and worked in Switzerland as an inter- ior decorator and upholsterer) to politics and business. (He gets a break from English once a week as the Sunday afternoon host of a German music show for KNBT-FM in New Braunfels.) Kossak sits surrounded by electronics manuals, vintage radios, and newer German brands, all of which he knows inside out. He

4 MARCH 16, 1979 • They would limit the amount an abused consumer might If this isn't already clear to you, it could mean that if you buy recover against them in a suit to "actual damages plus a $2 motor additive advertised to improve the performance of court costs and attorneys' fees," striking out the language under your car, but it causes overheating that blows your engine dur- which consumers can collect triple damages for a business's ing rush hour one day, causing a wreck that injures you, leading unlawful activity, no matter whether it is intentional or malici- to hospitalization for such a period that it costs you your job, ous (only if the business commits an unlawful act, engages in you can only sue for the $2 value of the additive. "grossly" unfair practices. or can be shown to have intended an • They propose to limit actionable causes under this act to a "unconscionable" act could consumers recover more than their magic 21 offenses of their own choosing, thus eliminating actual damages). the current act's broad prohibition against "false, misleading, or The only reason the current act is self-regulating, requiring no deceptive acts or practices." This ploy allows them to define bureaucracy to implement, is that consumers have the treble- what is an unfair practice—as the U.S. Supreme Court said damage incentive—a profit motive, if you will, to go to the back in 1934, "There is no limit to human inventiveness in this extraordinary trouble of hiring a lawyer and pursuing an abuse field. Even if all known unfair practices were specifically de- into the courts. The treble-damage provision is the only reason fined and prohibited, it would be at once necessary to begin businesses currently are especially sensitive to consumer over again." rights. As the Texas Supreme Court ruled in its 1977 decision upholding this provision, "It was reasonable for the Legislature • If. there were any doubt about the maliciousness of their to provide mandatory treble damages for the individual con- intent, it is laid to rest by their proposal to repeal the act's sumer in order to provide that individual with not only a method prohibition against "distant forum abuse." At issue here is an to discourage deceptive practices, but also with the incentive to escape clause for national and statewide chains and mail-order do so." Triple damages are the heart of this law—take them out, houses that practice deception—when a consumer realizes the and it's dead. The lobby knows this. product he or she bought by contract is defective and stops payment, the firm files suit in its own county of residence, many • They would add a provision limiting the sum a consumer a mile from where the consumer lives. To fight that suit, a can recover in a suit to "actual" damages, which, in their consumer has to travel to that county and incur unwarranted own proposed language, "does not include any incidental or expenses, which few do, leading to a default judgment in favor consequential damages, any payment for mental or physical of the deceptive company. A 1977 amendment to the '73 act pain or anguish, or any recovery for personal injury or death." outlawed this devious practice, compelling the company to file suit in the county where the sale was made, but the companies are proposing an amendment this session to strike the '77 pro- hibition and allow them to use distant forums again. ai Another clever maneuver is their addition of this clause: $1,200 AM-FM fully electronic gizmo is on the blink, Kossak "but the violation of any other law does not give rise to an gets the call. Sometimes it's easy, he says, since "many dealers action or remedy under this subchapter." What this does is to do not give good work in the beginning. Fifty to 60 percent are exempt abuses by landlords, debt collectors, door-to-door solic- pure bad installation jobs—the radio is simply not grounded or itors, and mobile home sellers from prosecution under the Con- there is a reverse polarity of speakers, or maybe pinched wires. sumer Protection Act. There are separate laws regulating the Young kids usually install the radios and they don't always do a practices of these businesses, but in an effort to have uniform clean job." remedies in the consumer area, each of these laws applies the What warranty work boils down to, Kossak says, is that he consumer statute's enforcement provisions. Now, if this lan- "gets every customer what bitches. I have to serve everybody, guage is added, neither individual consumers nor the attorney whether I sold the radio or not." This is the sort of thing that the general will be able to use consumer-act remedies against even business lobby says is particularly dangerous under the Decep- notorious violators of, say, the Mobile Home Standards Act. tive Trade Practices Act, so they want warranty work removed from the law, but Kossak disagrees: "I'm not in business to lose There's plenty more up their sleeves, each trick the equal of money—neither is anybody else, you know—but pleasing the these enumerated amendments—for example, their proposals to customer, that's what I do." Kossak proudly says he gives a eliminate class action suits by consumers under the act, and to 90-day warranty on rebuilt equipment (he points to a 15-year- limit the time in which a consumer can sue to two years after the old relic of a radio he just told a woman he'd guarantee), and if deception. But the general drift is clear: this is a mean-spirited pressed by what he calls a "skeptical customer" he'll extend package, aimed at the majority of Texans for the benefit of a that to a six months' warranty. He says that warranties just tiny minority of businesses that do not want to deal fairly with aren't that big a deal—"I maybe took one radio back in ten or 15 consumers. years for faulty repairs." When expensive repairs are neces- Who is behind this? sary, his credo is that "the customer is willing to pay the price if he gets the value. They may bitch a little bit, but you convince If there were any sort of public referendum on the lobby's them you can make quality out of it." package, it would be thrashed. But it is the Legislature, not the people, that they are working with, and it is proving a more He worries, however, that some segments of the American malleable body. Texas consumers won't want this package of business world have a different attitude. "They say, 'how can amendments, but they may well be forced to swallow it, for the we make a profit?' " while Kossak thinks that profit will take business lobby is pushing it with a vengeance, already having care of itself if the customer gets a quality product and a fair zipped it through the Senate economic development committee shake from business in the first place. He believes that small by a 7 to 0 vote. businesses in particular sink or swim on the quality of their performance, and that no amount of tinkering with the defini- If the entire corporate lobby in Austin had wanted to hold a tion and applicability of ."deceptive" is going to help a bad convention, they could have gaveled themselves to order at the business. February 26 and March 5 legislative hearings on the Consumer Protection Act, for there clearly was a quorum of their ilk pres- Quite the contrary, he argues that there is no good business ent. Leading this particular charge are the Texas Automobile climate without strong consumer protection. In his crowded Dealers Association and the Texas Association of Realtors, fol- living room, Kossak keeps a copy of HB 744 handy, and plop- lowed closely by the Texas Association of Builders, Texas As- ping into his favorite chair he picks it up and scrutinizes it sociation of Business, Texas Retail Federation, Texas Society carefully. "They want to take all this out," he says, pointing to of Association Executives, and lobbyists for a covey of individ- the language to be excised from the current act. "It seems to me ual companies led by Sears, Foley's and Sanger-Harris. then you would not have a law anymore. - CI (Continued on page 16) THE TEXAS OBSERVER 5

, ...... -■•-,...16.,-. , ‘,.... ,man, New deal for tenants If it ain't broke, don't fix it

bargained only for the right to exclusive possession of the prop- By Sarah Scott and Eric Hartman erty they rented, not for habitable living quarters. Based on doctrines that grew out of feudal arrangements between Houston medieval lords and the peasants who worked their land, the law Texans who rent the places they live in need to know a couple did not oblige the landlord to make repairs or even to supply of important facts: (1) the law, which has long been weighted basic amenities like water, electricity, plumbing or heating. heavily in favor of landlords, is now on the side of tenants, Whatever went wrong with a dwelling, it was the tenants' duty thanks to a 1978 ruling by the Texas Supreme Court; but (2) to fix it, and if they couldn't fix it, they could move. Even if even as some legislators are pushing for statutes that would tenants secured from the landlord a written promise to make reinforce and clarify this court-made reform, other efforts repairs, there was no practical way to enforce it, because the underway in the current Legislature threaten to give landlords prescribed remedy—to leave the premises and sue for breach of the upper hand again before renters get a chance to benefit contract—was typically more expensive and more troublesome much from their new legal status. than it was worth. The Supreme Court's Kamarath v. Bennett decision last Worst of all was the rule that tenants had to keep paying full April simply established as a matter of common law that, when rent for the premises as long as they kept possession, no matter . Texas landlords agree to rent a residence to someone, they how much the landlord let the property deteriorate. The heat make an implied promise that the place will be fit for human could fail, a wall could fall down, but withholding rent to compel habitation. This may not sound like a radical principle, but a bill repairs was strictly forbidden, and tenants who tried it could be to create just such a warranty of habitability was easily blocked evicted and their belongings could be impounded. in the 1977 Legislature, and the Kamarath ruling in fact marked All the Supreme Court did in Kamarath—a case in which a sharp departure from centuries-old doctrines governing the there was undisputed testimony describing "ancient plumbing relations between landlords and tenants. that burst, faulty electrical wiring, structural defects causing the Texas law before last April treated tenants as though they had bricks of the building to fall," among other defects—was make

6 MARCH 16, 1979 the law conform at last to reality. The court recognized that rent to tenants' habitability suits would be set up by measures residential tenants are in the market for a service, not a property (sponsored by Sen. Bill Moore of Bryan and Rep. Dan Kubiak interest; that the service they are buying is the provision of a of Rockdale) that make a broad-gauge definition of "frivolous" safe, sanitary dwelling with all its essential facilities in working lawsuits the basis for imposing potentially onerous liability on order; and that landlords, who know this is what renters are consumer plaintiffs. after, should be obliged to fulfill their side of the implied bar- gain. Other voices "The major complaints tenants have deal with repairs," says In the midst of the noisy offensives launched by the business George Stone of the Texas Tenants Rights Organization, and lobby, pro-tenant legislators are trying to get a hearing for the Kamarath ruling gave them unprecedented grounds for measures of their own to buttress and even extend the protec- damage suits against landlords who won't remedy basic defects tion tenants won in court last year. The most ambitious of these in their rental property. The victory for tenants' rights took on has been filed by Houston Rep. Ron Waters, who led the un- even greater significance when it was realized that the implied successful fight for habitability legislation last session. Waters' warranty of habitability could be enforced through the Decep- House Bill 215 sets out a generous catalog of habitability re- tive Trade Practices Act—specifically, through a section of it quirements (including an innovative and praiseworthy prescrip- that authorizes consumers and tenants to sue for any breach of tion that all dwellings be insulated to assure energy conserva- warranty and collect triple damages and attorneys' fees. tion) and gives tenants broad remedies for breach of warranty. Though this dovetailing of the Kamarath warranty and the The Waters bill, together with a companion measure recently DTPA has yet to be tested, both tenants' lawyers and represen- introduced in the Senate by Gene Jones of Houston, would tatives of the Texas Apartment Association, the state's princi- expressly condition the tenant's duty to pay rent on the land- pal landlord group, say that it is likely to hold up in the courts. lord's compliance with the warranty of habitability. Tenants The Kamarath decision also leaves open the possibility that a would be authorized not only to cite the landlord's non- landlord's efforts to evict a non-paying tenant could be thwarted compliance as a defense in eviction suits, but also to deduct if there is a dispute over essential repairs. Although the landlord from their rent the reasonable cost of repairs they end up having could still call the tenant to account in an eviction proceeding to make at their own expense. The bill would also render waiver for:his failure to pay rent, some legal scholars have suggested clauses like the TAA's unenforceable, and would bar landlords that the disrepair of a dwelling could be an adequate defense. from retaliating (with threats of eviction, service cuts, rent in- creases, and the like) against tenants who try to enforce their right to a habitable dwelling. Thus, the Waters proposal would The landlords regroup give tenants and landlords a clear idea of what they may and Most tenants are probably unaware of their improved legal may not do, and would foreclose possible unfavorable court position, but the Texas Apartment Association and other land- rulings on the waiver and landlord retaliation issues. lord groups have been quick to grasp the import of the shift in Another veteran of the fight for tenants' rights legislation in the law, and it is not to their liking. Lyle Johansen, executive 1977, Rep. Sam Hudson of Dallas, has revived a set of bills he director of the TAA, says that his organization doesn't oppose introduced last session that would do many of the same things the warranty of habitability in principle, but he deplores what he Waters has proposed, but Hudson's HB 80 would give tenants Kamarath decision: "Can you perceives as the vagueness of the one additional protection—it provides that landlords must define what makes a place unfit or unsanitary? The court notify tenants who have departed from rented premises of any couldn't. If you could come up with an exact definition, you plan to remove belongings they may have left behind. probably could make a lot of money." The TAA is trying to undo the damage to the landlord's position in two ways: by The only other noteworthy landlord-tenant bill is also the inserting a waiver-of-warranty clause in the standard lease it handiwork of one of the reformers of '77, but this bill, Houston draws up for use by Texas landlords, and by lobbying for statu- Rep. Henry Allee's HB 14, is a curious entry that tenants' rights tory limitations on the warranty's scope. groups have already disavowed. Allee's bill does impose on landlords the duty to repair, but it hinges renters' right to sue As soon as Kamarath was handed down, the TAA amended over unlivable conditions on compliance with a laundry list of its standard lease form to incorporate an extra clause requiring "tenant's duties," and its enforcement section combines a re- that tenants expressly surrender their right to sue for breach of strictive construction of common law remedies with toothless the warranty of habitability. The Supreme Court refrained from innovations. deciding in Kamarath itself whether such a waiver would be valid, but one reason the court cited for creating the warranty in Even Allee has backed off from this bill, which he evidently the first place was the usual disparity in bargaining power be- intended as a compromise between the anticipated preferences tween landlords and tenants, and nowhere is that disparity more of tenants and landlords, but which had the effect of antagoniz- blatant than in form leases offered to renters on a take-it-or- ing partisans of both groups because it prejudged the outcome leave-it basis. Thus, the TAA waiver clause looks vulnerable on of their negotiations and left no maneuvering room. The latest the ground that it is unconscionable—that is, so utterly unfair to word from the Capitol is that HB 14 is dead, and Allee has tenants and subversive of public policy that the courts won't released the bill's co-sponsor, Rep. El Franco Lee of Houston, enforce it. from his commitment to support it. If a landlord-tenant compromise bill does eventually emerge, The TAA stands a better chance of neutralizing the its terms will probably be drawn from the Waters proposal and Kamarath ruling in the Legislature. As this article went to the TAA-supported bill that Representative McLeod is ex- press, no measure specifically designed to accomplish the pected to introduce. There is clearly little likelihood that the TAA's purpose had yet been introduced, but an informed ob- Waters bill could pass without damaging modification; some of server reported that Rep. Doug McLeod of Galveston would be its backers are convinced, though, that they have the votes to placing the landlords' bill in the hopper no later than March 9. It kill any bill that would make things worse for tenants. But, can be safely presumed that this bill will focus on narrowing the while the official position of groups like the Texas Tenant definition of "habitability." Rights Association is to press for legislation, some tenants' While the TAA tackles the warranty of habitability directly, advocates, soberly contemplating the intensity of the business the business lobby as a whole will be pressing its all-out attack lobby's attack on consumer laws, will concede off the record on the Deceptive Trade Practices Act—an effort which, besides that their best bet this session may be to tight for the post- eliminating mandatory triple damages for misrepresentations by Kamarath status quo. ❑ businesses, would also delete the section of the DTPA that permits deceptive trade practice suits based on the breach of an Sarah Scott is a recent graduate of Bates College of Law of implied warranty (see article on page 2). Another indirect deter- the University of Houston. THE TEXAS OBSERVER 7 advocate. It has assumed the lead in telling the federal con- tractors evaluating the salt domes for DOE to find another place to dump the nuclear wastes. Whether the county will succeed in driving them out remains to be seen—indeed, it has lost the first legal set-to. But the war is just beginning. Its origins go back about two years, when the University of Texas' Bureau of Economic Geology contracted to study a 28- Looking for a nuclear dump county area in the Panhandle for suitable disposal sites. Shortly thereafter, in June 1977, DOE and bureau officials came to Amarillo at the invitation of local State Rep. Bob Simpson to tell the public their plans. Among the things they announced was that they would drill test holes to retrieve core samples to determine the nature of the subsurface strata. Ruckus in But none of this concerned the Randall County commission- ers until last July, when the bureau actually began to drill at one of its rural test hole sites, just a dozen miles southeast of Amarillo. The commissioners didn't go to the 1977 meeting and Randall County had never connected the bureau's Randall County activities with a DOE search for a nuclear storage site. They didn't know why the drilling rig was there until the local news media dis- closed its purpose. The drilling permits were, it seems, operat- By Carroll Wilson ing under normal procedures for oil and gas exploration— something that didn't alarm Randall countians. They had not, Canyon however, considered the idea of maybe sharing their land with a A small band of Randall County environmentalists is tiptoe- nuclear dump. In a matter of days, area farmers were angry and ing around a local battleground where the first skirmishes have scared. • been fought over whether geologic formations deep below their One of them was Ed Harrell, whose family has owned ranch- feet will be the depository for millions of gallons of high-level land in the county since it was first settled at the turn of the radioactive wastes. That anti-nuclear forces have to tiptoe in century. Harrell, a soft-spoken farmer of devout faith and few - this Panhandle county is nothing new, but this time their caution words, was soon offering to lead a group of citizens to protest the is inspired by fear of losing many willing but unexpected allies drilling rig. Another was Dr. Zell SoRelle, a well-respected who preceded them in the attempt to keep the extremely toxic long-time professor of speech at West Texas State University in nuclear garbage off their turf. And that is a flabbergasting state Canyon not previously known as a public agitator. Still another of affairs in this corner of Texas where nuclear weapons have was Marcia Reed, who lives with her husband and two teenage been assembled quietly for 30 years (Obs., Sept. 23, 1977), the children across the road from the rig, and told a Dallas Times Concorde is welcomed with open arms, and a lost military Ares- Herald reporter, "We have sort of reached a point where if I , ence is still widely mourned. had a keg of dynamite, and I thought I could get away with it, I'd . The U.S. Department of Energy needs a place to store per- just blast that thing away." manently the radioactive byproducts of commercial reactors By early August, the rural landowners had gathered about 300 and nuclear weapons production, byproducts that will be signatures on a petition to the county commissioners to stop the dangerously toxic for a quarter of a million years. And drilling. But the officials were already fuming. One—Dee Grif- the ancient salt domes of the Palo Duro Basin here are a prime fin, a South Amarillo insurance agent—had even been consult- candidate for the job (Obs., June 9, 1978). ing on this with Environmental Protection Agency staffers be- But the Randall County Commissioners Court which governs fore the petitions arrived. Two meetings were soon held to air this sprawling area that includes the city of Canyon and the concerns, which as far as the commissioners court was con- southern half of Amarillo—one of the state's most cerned, officially boiled down to these two: conservative—has actually taken on the colors of a people's • Location of a nuclear waste dump near Amarillo would Dr. E. G. Wermund of the Bureau of Economic Geology repel industry and stymie growth. • Location of a nuclear waste dump near Amarillo might be a health hazard and might eventually lead to contamination of the

-1-( area's vitally important underground water—the precious little of it that's left, that is. ° Similar worries were expressed by other local officials, but these were not their only concerns. One of the most prominent of the others was often mentioned in private: their traditional suspicion of the federal government. As one commissioner con- fided, "I resent them coming in here without so much as a kiss-my-tail or anything." But whatever the reasons, the com- missioners knew they wanted no radioactive garbage dumped in Randall County. Enter Rick Wilcox, then an assistant district attorney and an outspoken critic of nuclear energy. He advised them to ask the state district court for an injunction to stop the core drilling. He warned them that in environmental cases—particularly if they get into the federal courts—the plaintiffs often lose standing and hence their cases because they have failed to fight proposals and projects to the limit at each step of their development. Fight them now, Wilcox counseled, and they will know that you in- tend to fight them every step of the way. Fight them now and you stand a better chance of keeping the protests alive in the courts.

8 MARCH 16, 1979 In mid-August, as the drilling continued. Wilcox filed for a bureau's favor—albeit on a narrow issue. But though they lost restraining order on their behalf—which he got, for a week— in court, the commissioners were winning in the public forum: and then for an injunction. In his petition, he alleged that the they had demonstrated to the feds and their constituents that drilling operations "constituted a public nuisance" and should they would fight any plans to locate radioactive garbage dumps be halted because: in their county. • They were going on without a legally required permit from Whether they'll need to fight again is an open question. Dr. E. the Water Resources Department. G. Wermund, who heads up the bureau's Palo Duro Basin • Their conduct under the Railroad Commission's jurisdiction study, said in mid-January the preliminary studies of the 4,000- was a fraud since their purpose was not oil and gas exploration foot core taken from the test well indicate the basin is a suitable or production. site for nuclear waste disposal. But he will not say that means • They raised the possibility that the county would be used to the basin in general or Randall County in particular will be store radioactive wastes, "which possibility is and will be a recommended as a storage site. What he prefers to stress is that deterrent to the economic development of the county." his study will be a complete and scientific investigation, and insists he has no preconceived conclusions. • They were an unjustifiable threat to the underground water. Wermund believes the dispute, last fall over the drilling was And then Wilcox raised his favorite argument: that the primarily a problem of public relations, a matter of poor com- Bureau of Economic Geology and the Energy Department munication. The county commissioners believe, though, that "have conspired, under the pretext of oil and gas exploration, to they got the message—and acted appropriately. They may avoid public debate, public notice and hearing, and legislative never win a single courtroom skirmish, since the federal agen- review of said risks prior to investing public funds in said drill- cy's authority can probably override any state or local attempt ing, and in so doing have deprived plaintiff [the county] and its to veto a project. But a continuing political ruckus could be just citizens of due process of law." the ticket to send the Energy Department and its spent fuel rods The petition sounded good, but when Wilcox got into the packing. courtroom of Judge George Dowien, a native of rural Randall ❑ County, the case was quickly decided in DOE's and the Carroll Wilson writes for the Canyon News. Will Texas say no'?

Blake's legislative assistant, Charles Wright, says the bill is By Susan Reid high priority for his boss. The issue is a highly political one and Austin he believes "other senators are very sensitive to it." Wright Gov. Bill Clements may be willing to make "some kind of points out that, although disposal site testing is going on in only reasonable accommodation" to disposal of nuclear garbage in one county in Blake's district, opposition is widespread among Texas—at least, on February 27, he told the National Gov- his constituents. His evidence comes from a questionnaire re- ernors Conference he was—but if State Sen. Roy Blake gets his cently mailed out to all six of his counties: "about 80 percent of way, Clements won't have the authority to be so accommodat- the respondents were violently opposed to any nuclear storage ing. The Nacogdoches senator has introduced legislation— at all," Senate Bill 664—that would give the Legislature the say-so on With passage of this bill Texas would join some 33 other construction of any long-term nuclear storage facility in the states with laws governing the disposal of radioactive garbage; state. several have banned it outright and many more are considering Senator Blake decided to sponsor this legislation when the such bans. But in the face of the states' rush to man the bar- Bureau of Economic Geology began testing last year at two ricades, DOE calmly claims existing federal atomic energy law salt domes in his East Texas district to see if the domes could be pre-empts state regulation except when Congress expressly al- used to store nuclear waste. Rep. Bob Simpson, whose West lows it, and the department is probably right. Texas district includes Randall County, has introduced an iden- -But Wright says that, since the U.S. Nuclear Regulatory tical bill in the House, and Rep. Bill Keese of Somerville, who Commission will be the licensor of any nuclear waste deposi- has a different version treating the same subject, says he is tory and since its staff is now emphasizing "active state in ready to back the Blake bill. volvement from step one [of the planning process]," there's a What SB 664 would do is set up a mechanism for binding state big role for legislation like SB 664. Even with the "realization action to approve or reject proposals for any facility designed to that the federal government can pre-empt us," he stresses, it's retain high-level radioactive wastes for 20 years or longer. (It important for the state "to try to establish some procedures" to would exempt temporary waste holding pools at nuclear power deal officially with proposed disposal sites. plants.) Blake's bill designates the Texas Natural Resources What of Governor Clements? His announcement to his fellow Council as the state's watchdog. Before testing to select a site, it governors that Texas might see its way clear to "accommo- would require the federal Energy Department or any other pub- date" a nuclear trash heap seems to : have taken everyone— lic or private group thinking of building a nuclear dump to notify including his staff—by surprise. Jim Kaster, his legislative the council and provide information on tests to be used, results liaison, told the Observer he has not been following the nuclear of tests conducted in other states, and the criteria for site selec- waste bills, but "my understanding was that the governor has no tion. The council would evaluate test results and recommend quarrel with the Legislature setting up conditions." He knows action to a special committee of three senators and three House of no Clements plan to veto such legislation—in fact, he said, members appointed by the governor. The committee, in turn, "Until now, the issue hasn't come up. - would recommend legislative action, and before any facility Meanwhile, the legislative solution to the nuclear waste di- could be constructed the Legislature would have to adopt a lemma that seems to offer the most in terms of simple justice concurrent resolution authorizing it. If any of these conditions comes from Houston Rep. Ron Waters, and admittedly has little aren't met, SB 664 would authorize the attorney general to seek chance of passage. The Waters bill would require a utility that an injunction to halt construction and to sue for civil penalties builds a nuclear power plant to store the wastes at its corporate `of $500,000 for each infraction. headquarters or at the customer municipality's city hall. 4111•11M11•1111MOI■

THE TEXAS OBSERVER 9 NR1SE N CERCE 0 SANT The UFW k A redux By Bob Fatherree San Juan It was more a festival than a convention, but the first United Farm Workers organizing convocation in Texas, held here on expect passage of a California-style agricultural labor relations February 25, accomplished its primary goals—to let the labor- act until "faces" change in the Legislature. ers, the growers, and, importantly, the state's news media know So this year, the UFW's legislative aims are more modest. that the UFW is now ready to devote a substantial portion of its They include bringing farmworkers under the protection of time and resources to an effort to organize Texas farmworkers. workers' compensation laws. from which they are presently If it seems as though you've heard that proclamation before, excluded, and obtaining coverage for them under unemploy- you probably have. The UFW has maintained at least a token ment insurance laws. The workers' compensation bill. intro- presence in Texas since a 1966-67 strike was broken in a violent duced in the Senate by Sen. Oscar Mauzy and sponsored by a confrontation with growers aided by Texas Rangers, and a score or more of House members, has received widespread sup- UFW organizing center in San Juan has kept alive the hope that port and actually has a chance of passing this year. The bill, the union would return in force to establish itself firmly in Tex- which would simply delete the exclusion of farm laborers from as. But the fact remains that after 13 years of UFW activity here, the current statute. has been endorsed by the Texas Association not a single grower has signed a union contract. of Business, the Texas Farmers Union, the Texas Trial Lawyers Association, and even some growers, according to UFW attor- This year, though, there's reason to expect a stepped-up ef- ney Jim Harrington, who is running the legislative campaign. fort and greater success for the UFW, simply because UFW Harrington said that about one-fourth of Texas growers already president Cesar Chavez attended the Texas organizing conven- voluntarily carry some form of workers' compensation, and that tion. (He was accompanied by UFW secretary-treasurer Gil extending that coverage to all farm laborers would actually pro- Padilla, a veteran of the 1966-67 strike, and by other members of tect the growers. Under existing law, Harrington said, "If a the union's national executive board.) Although his was a worker is killed on the job, the grower [without workers' com- largely symbolic presence at a largely symbolic convention, pensation] could possibly lose his farm." Chavez's one-day trip to Texas was the most dramatic gesture the union could make to show its commitment to Texas farm- However, the powerful Texas Farm Bureau has not yet taken workers. a position on the bill and its opposition could be a considerable obstacle to the proposed change in the law. The position of the Chavez came to Texas in a position of power, with an esti- Farm Bureau. Harrington said. "will be the thing to watch." mated 100,000 farm laborers in several states now working Hearings on the bill in both the House and Senate have been under union contracts. His national reputation guaranteed that tentatively set for March 12. the state's media would pay close attention to the Texas branch Unemployment compensation for farmworkers will be more of the UFW. Still, Chavez recognizes the limitations of his Texas organization. One UFW spokesman said that the 350 difficult to pass, Harrington said, because it would cost the grower more to provide and the state more to administer. Lynn delegates at the convention represented about 3,000 Texas Breeland, a third-year law student at the University of Texas farmworkers, and while that may suffice as a cadre around which to organize, it is not a large enough membership to sus- who is handling the day-to-day lobbying for the UFW-backed tain a successful strike. "It would be suicide to call a strike in bills, said that considerable opposition has developed to the unemployment compensation proposal. The Texas Farm Texas today," Chavez told a press conference at the conven- tion, "and everybody knows it." Bureau, other growers' organizations, and House Speaker Bill Clayton can be expected to block it. according to Harrington. One reason a strike in Texas would be difficult now is that, in But farmworkers may yet be brought under unemployment addition to the opposition from growers which the UFW has compensation through federal action. "It appears there is a very faced in other states, it must also contend with the rival Texas good chance that the whole area [unemployment compensation] Farm Workers Union, led by Tony Orendain, the UFW's will be pre-empted by federal action, - Harrington said, referring former chief organizer in Texas. (Orendain withdrew from the to a bill sponsored by U.S. Sen. Jacob Javits (R-New York). UFW in 1975 because of a disagreement over the pace of the "The federal government has been unhappy with the way some union's organizing effort in Texas.) Although Chavez said he states are administering unemployment, particularly with re- was open to reconciliation with Orendain, he would not say that gard to farmworkers." Orendain could assume his former position of authority with the union, allowing only that Orendain could join the UFW "like While the UFW puts its emphasis on legislation and basic any other farmworker." organizing, it will not ignore growers whose treatment of farm- workers it deems objectionable. "You'll probably see a series of In the absence of a full-fledged strike against Texas growers, actions going on that may not be strikes, but perhaps work the UFW will concentrate on cultivating support among the stoppages directed at particular growers, or boycotts of com- laborers, pursuing its legislative priorities, and taking action pany products," Harrington said. A successful, large-scale against particular growers or companies. strike in Texas, Chavez pointed out at the gathering in San "I feel it is possible to organize 30,000 workers in Texas in Juan, will require "hundreds and hundreds of thousands of one year," Chavez said. "I don't buy the argument that it will be dollars," in addition to a strong union organization. With the more difficult to organize in Texas than in California," he con- UFW's large current membership, Harrington said, "The prob- tinued, saying that a "strong union" could be built in Texas lem is not raising the money, but in making sure that [the money within two years. "You can organize workers as much as you is well spent. ] It will happen when the people are ready for it to want, but you have to have laws to protect them." And Texas happen, or maybe a little bit before." Getting the people ready AFL-CIO president Harry Hubbard, who was on hand with an is now the top priority of the UFW. D enthusiastic endorsement of the UFW's renewed emphasis on Texas organizing. warned that Texas farmworkers should not Bob Fatherree is a reporter for The Monitor in McAllen. 10 MARCH 16, 1979 Parking for people? If you're planning to build a down- town parking garage, it sure helps if you can get the required zoning. But if the city also helps with the financing, con- sider the garage built and paid for. That's the lucky fate of the Littlefield Building Parking Garage proposed by BWC As- sociates in Austin (Obs., June 23, 1978), a firm that has rigged up a push-me- pull-you arrangement in which it leases 501 parking spaces to the city and the city leases those spaces right back to BWC. Austin's city council agreed to the leasing contract last November to help

BWC through its supposed difficulties , in financing construction of the multi-level E structure, although its prime Sixth Street PI location—next to a' major bank and E across the street from BWC's own refur- bished Littlefield office building and the Driskill Hotel—ought to leave no doubts The Bremond Building: going, going, gone about its profit potential. With the city's name on the original lease, financing for earlier, and after paying lip service to town area." the garage was assured; without the historic preservation, they voted not to Trouble is, the Bremond Building al- city's help, says Austin city manager spare the building. The only councilman ready had people—who ran, among Dan Davidson, it's "my understanding" to raise objections was Richard other things, a pharmacy, a tavern, a that the firm couldn't have closed the Goodman, who asked whether BWC had record shop, a restaurant, and Antone's, deal for the project. For the general pub- tried to incorporate the old building in the only rhythm 'n' blues club west of the lic, however, the deal isn't so good, since the plans for the garage. Yes, he was Mississippi. Only last month did BWC all but 100 parking spaces will be re- told, they were going to try to keep send someone over to tell these pro- served for customers of businesses who mementos from the Bremond, but saving prietors they had to be out by March 1, contract with BWC. the entire building was financially out of but no one bothered to serve formal evic- To build the quasi-public parking ga- the question. tion notices. Even so, most of the Bre- rage, the 127-year-old Bremond Building, The council was set on making way for mond businesses have managed to find 34 years older than even the historic more parking, regardless of the number new locations in downtown Austin, al- Driskill, must be torn down, but that of colorful and successful enterprises though Antone's is left out in the cold for posed no problem and a wrecking crew that would be displaced. Mayor Carole the time being. It remains an open ques- has already begun the job. The city McClellan, noting "the special, unique tion whether home-style businesses like council did consider historic zoning for character of Sixth Street," observed that these and the people who patronize them the building in late July of last year, "Sixth Street is people." Then she can stand much more of the revitaliza- heeding a number of citizen petitions and added, "However, I think that parking tion that's on the drawing boards for the a favorable ruling from the Austin His- garages are not just for cars, they are for central city. toric Landmark Commission. But coun- people, and [the Littlefield garage] pro- —Bob Sindermann Jr. cil members had learned of the opportu- vides more opportunities for more peo- and Mary Middleton nity for the BWC scheme two months ple to utilize and revitalize the down-

committee. The less-than-magnificent House, where Reps. Brad Wright (R- An unmourned passing seven senators who gave Hobby a help- Houston) and Ron Waters (D-Houston) There's a chance the Hobby- ing hand were Roy Blake, Bill Braecklein, claim to have 78 supporters for their Clayton presidential primary bill Ed Howard, Peyton McKnight, Bill same-day presidential primary bill. In (Obs., March 2), may never survive two Moore, Jack Ogg and John Traeger. addition, the 62-member State Demo- significant legislative roadblocks. Thirteen senators, however, have cratic Executive Committee voted on Though members of the Senate state af- committed themselves to seeing that the March 3 to oppose Hobby and Clayton's fairs committee approved the Hobby- bill gets no further. The 13, enough to scheme, with only one dissenter from Clayton bill, to create a special presiden- block Senate consideration of the bill, the majority view. At the March 5 Senate tial primary next March, the vote was a have signed a letter circulated by Sen. hearing, both the Democratic and Repub- squeaker (7 to 6)—with the lieutenant Ron Clower saying they can't go along lican party chairmen opposed the presi- governor having to plead personally with with a separate-day presidential primary dential primary bill. at least one member to spare him the that would not prohibit crossover voting. —Vicki Vaughan embarrassment of having his bill die in Opposition also has hardened in the

THE TEXAS OBSERVER 11 Railroading should be discontinued. That would be nearly all of them. It's Amtrak-cutting season again, • There are people fighting to salvage with train-haters inside govern- the Texas Amtrak system, though. House members vie for ment and out urging that entire lines be They're led by such unlikely allies as the chopped off and services axed. The in- United Transportation Union and the "Child of the Year" evitable result would be another decline Austin Chamber of Commerce, who in the number of riders, and next year When Austin Rep. Wilhelmina have recently publicized some telling • these same opponents would be sure to statistics to help us understand why the Delco offered a resolution to the cite the decline as rationalization for system fails: House to invite Mrs. Andrew Young to more cuts, or maybe even for killing the address that august body. you'd have • San Antonio is an important poten- passenger train system altogether. thought Delco was asking representa- tial market for rail passenger service, yet tives to wholeheartedly embrace the Texas will be especially hard-hit if the Lone Star arrives in the Alamo City philosophies of . . . well, of her husband, Congress allows the Department of at three o'clock in the morning on its the outspoken United Nations ambas- Transportation to implement the reduc- westward run, and at 5 a.m. when it's sador. Delco thought it might be nice for tion scheme its chiefs have drawn up. headed east. Only three Amtrak lines currently run Jean Childs Young; a noted educator, to through Texas, and DOT is proposing to • The Inter-American run through San speak to the House and Senate while she eliminate two of them altogether (the Antonio dumps its passengers at a was in Austin for a conference on the Inter-American and the Lone Star), weed-filled field, because Amtrak will International Year of the Child. (She while reducing service on the Sunset not improve station facilities. chairs the U.S. commission for this UN Limited from daily to thrice weekly. • Congress appropriated $4.5 million program.) specifically to improve the Inter- Noting that DOT's proposal would Legislators scuttled away from that leave Fort Worth without train service, American, but Amtrak diverted $2 mil- lion of that to other purposes. idea faster than a Padre Island sand crab. the Star-Telegram polled its readers last Dallas Rep. Fred Agnich, using some month on the question, "Do you think • Amtrak has refused to repair 35 logic understood only by him, beseeched the Fort-Worth-Dallas area needs miles of track between Dallas and Aus- members not to suspend the rules to call passenger train service?" Sixty-three tin, even though the repairs would re- up Delco's resolution because he feared percent of the respondents said "yes." duce travel time between the cities by the invitation would make the House the Such sentiments don't seem to bother one to three hours and save the system "laughing stock of the country" for the their congressman, however. Rep. Jim $600 a day in switching charges. second time—the first time was in the Wright has announced his strong support • Currently, 69 percent of Amtrak's 62nd session when that body praised the for the scheme, saying, "Sometimes budget is spent not on operating trains, Boston Strangler for his efforts at "popu- economy has to begin at home." Wright, but on administrative overhead costs. lation control." Dallas Rep. Clay in fact, would go even further than DOT; • DOT's latest proposal will cut Am- Smothers was more direct in his opposi- he said that not only the money-losers trak passenger service by 43 percent, but tion to the invitation: "I hate that son of now on the block but also any other Am- will reduce the agency's funding re- a bitch Young," he told a colleague after trak routes that aren't breaking even quirements by only 8 percent. the vote. Delco was understandably upset at the 79 to 53 vote refusing to take up her bill, telling her colleagues after their action: Amtrak in Texas, 1979 "Thank you very much members, and I'm sure Mrs. Jean Young will thank you for the guilt by association." Such invita- CNXA60 tions and suspensions-of-the-rules are hardly uncommon in the House— already this session, members have

LOS voted to hear (and ogle) Miss Texas Uni- ANGELES verse, and extended speaking invitations to the Reverend Jesse Jackson. President Carter, Vice President Mondale and a

NEW State Department'Latin America expert. ORLEANS A week later, House Speaker Bill Clayton, Lt. Gov. Bill Hobby and Atty. Gen. Mark White saved the Legislature's collective face: Hobby made time for Young to briefly address the Senate: she had a chat with Hobby, Clayton and their wives; and White hosted an evening re- - - LONE STAR ception in her honor. Said she: "I feel /AITEg AMERICAN much better to have had the chance to SUNSET LIMITED have this dialogue, even if there were some negative overtones to my visit." Map by Laura Eisenhour —Vicki Vaughan

12 MARCH 16, 1979 Great creep forward Clements says he is "dead serious" At first glance, figures released in about his campaign promise to give local • taxpayers $1 billion in tax relief, and he January by the Texas Legislative is pushing a plan to pump more money Council seem to show some progress into school districts that commit them- over the last four years in state govern- Budget cuts selves to lower property taxes. ment employment of women and Something's got to give should all these minorities. The council's survey says the la Clements bucks flow from the state coffers to local number of women in the state work force a school districts, and Clements' ax has is up by 6 percent to nearly 50 percent, fallen on the teachers. the number of Hispanics has grown by (or, I'm okay, you're not) Ironically, Clements' fiscal fervor has about 3 percent to 14 percent, and the stopped short of his own office. The Dal- number of blacks has risen to 12 percent, Gov. Bill Clements' proposed "aus- las multi-millionaire will get an annual up by 3 percent. A great leap forward, tere but caring" budget may mean pay raise of a shade over 5 percent for no? $1 billion in tax relief to Texas property the next two years, raising his salary No. Not when, as the report also owners, but it will come at the expense from the $71,400 he makes now to shows, the average salary for men is still of the state's 155,000 classroom $78,800 by 1981. Even that is peanuts 20 percent higher than the median state teachers. Even though existing law pro- compared to the increase he'd like to see salary of $10,706, while women earn an vides for a built-in 4.9 percent pay raise earmarked for his office. His budget ups average of 18 percent less than the me- dian. Not when the concentration of for some Texas teachers every year, that the governor's office appropriations by doesn't begin to cope with double-digit $1.2 million—a 31 percent hike over this women in para-professional jobs— inflation, and Texas teachers' salaries biennium's allocation. In addition, mostly career dead ends—has risen to are actually dropping in comparison to Clements wants $2 million to restore the more than 75 percent, a jump of 22 per- nationwide averages—teachers' salaries governor's mansion. He says it's "old." cent in four years. And not when the ranked 31st nationally in 1977-78, but The refurbishing idea was rejected in largest increases in minority employ- slipped to 33rd for 1978-79, according to 1975 after an Arts and Humanities ment have come primarily in service and the National Education Association. Commission study concluded that the maintenance work (up by 11 percent) Texas teachers make an average of mansion needed no repairs. (Clements' and Para-professional slots (up nearly 16 $12,534 a year. Clements wants to hold may get his $2 million, but the bill creat- percent). A look at the numbers in the teachers to this average increase of ing a six-member commission to study other categories—administrator, profes- around 5 percent, though the Legislative the problems of the mansion stalled in sional, technician, skilled craft, and Budget Board has suggested a pay raise the House February 26 after whizzing office/clerical—where the minority gains of up to 10 percent. through the Senate.) have been about 2 percent, reveals only a —Vicki Vaughan half-hearted forward creep. —Bob Sindermann Jr.

oil prices rise to the level set by OPEC, Washington with it and attempted to And now, the pull out the stops to develop U.S. coal make a big deal of "The Texas Energy reserves, remove all barriers to nuclear Plan" at the governor's conference, but it Texas energy plan plant construction, turn over federal was greeted with a collective yawn by Suddenly on February 21, Gov. lands to private energy developers, build his peers. Clements said he had hoped • Bill Clements got it in his head that an oil pipeline from the West Coast to that after his stemwinder the governors it would be really neat to wow the boys Texas refineries, provide government would suspend the rules or something to at the upcoming National Governors Con- financing mechanisms for certain private discuss his proposals. Instead, he was ference with a boffo speech on energy energy projects, eliminate bothersome awarded polite applause and the group policy, so he got on the horn and ordered government regulation, and set aside en- moved right along to the next speaker. a midnight pow-wow with a bunch of vironmental restrictions. The group even There was another little embarrass- state officials and academics. Sum- picked up the industry line on solar, ment awaiting Clements back home—by moned to the governor's mansion were wind, gasohol and other alternative yanking all three railroad commissioners all three railroad commissioners, Lt. sources, dismissing them as "exotic" ap- into the midnight confab to draw up his Gov. Bill Hobby, Agriculture Commis- proaches "that may make a contribution little policy gem, the governor appar- sioner Reagan Brown, and the usual ret- to our overall energy needs in the next ently caused them to violate the state's inue of University of Texas professors century." (This "exotic" bit is one that open meetings law, which requires that who always seem to be turning up at confuses some observers of the energy they post a public notice before gather- these affairs. The gathering was termed a debate; as one confessed to the Houston ing to discuss policy on matters under "brainstorming" session, but one ob- Chronicle, "It always sounds to me like their jurisdiction. RRC chairman John server joked afterward that there weren't they're planning to burn antelopes or Poerner says he was not told that his two enough brains in the room to stir up a zebras for fuel. Then I find out they're colleagues would also be at the meeting, light breeze, much less a storm. talking about solar power. For heaven's and he admits that when he came into the That characterization was borne out sake, what's exotic about that?") room and saw them he realized they by the group's product—something they The industry wish list received the might be violating the law. But he went called "a Texas position" on energy, bipartisan endorsement of such pillars of ahead with the meeting anyway, appar- though it turned out to be line for line the Texas officialdom as the RRC, Hobby, ently without a peep to anybody about same old song the big energy companies Speaker Clayton, Brown, and Atty. Gen. his pangs of conscience. "By then," he have been singing for months: let U.S. Mark White. Clements rushed off to says, "it was too late." THE TEXAS OBSERVER 13 Lunch 11:30-2:00 Tues.–Fri. , & Sunday Brunch

Dinner 5:30-10:00 • Out of sight Tues.–Sun. • • • • Looking at the clutter of signs along our highways and city Steaks, Spirits, thoroughfares, you'd never guess that Live Jazz 10:00 p.m. until (?) Tues.–Sat. the billboard industry in Texas is facing "total destruction," but that's what the Outdoor Advertising Association says. This doleful pronouncement appeared in MACIIMMICII 3 a brief the association filed with the Amarillo Court of Civil Appeals in an at- 502 Dawson Rd. tempt to throw out a Lubbock city ordi- 474-7239 nance restricting the size and placement irnEE USE of commercial signs. The 1975 ordinance is intended to prevent future "sign wars" like those that have raged there in the past, and is considered a model law. It restricts billboards to specific zoned ttoce. yt,e4; areas and requires that signs be propor- tional to retail frontage. The industry got no help from the ap- peals court, however, which upheld the ot ordinance in an opinion affirmed by the cift0.5o Texas Supreme Court in January. Signs 1,14 . not in compliance with the law are to 4rtit rit0621111/t0. come down by New Year's Day, 1982. •1 oa,A1 Vo6WavLbta) So three winters from now, the citizens of Lubbock will have plenty of extra eframd•Co vide - ittott- firewood. —Sylvia Teague

Full circle

• During his years as governor, Dolph Briscoe maintained a close Printers — Stationers — Mailers — Typesetters relationship with Mercantile Texas Cor- poration, the state's fifth largest bank- — High Speed Web Offset Publication Press — holding company. Briscoe holds a siza- ble block of stock in the firm, which op- Counseling — Designing erates banks in Dallas, Austin, Houston, Corpus Christi, San Antonio and New Braunfels. When his re-election cam- Copy Writing — Editing paign hit a financial shortfall last spring, Briscoe's chief fundraiser, Jess Hay, ar- Trade — Computer Sales and Services - ranged several quick bank loans to see it through, including a $150,000 bundle -- Complete Computer Data Processing Services — from Dolph's friends at Mercantile. Hay, a Dallas mortgage investor, serves on the board of directors of Mercantile Texas Corporation. Even though Briscoe was sub- ,..._____...... °MIURA sequently booted from the governor's ] pus 1,15 tisrs Peal mansion, the banking firm remembered his years of service, and on February 6, Mercantile brought Dolph in from the cold by naming him to its board of direc- U tors. P 111 Ina In one of life's minor ironies, Mercan- 512/442-7836 tile Texas Corporation's legal business is 1714 South Congress handled by the Dallas firm of Hughes & P.O. Box 3485 Austin, Texas 78764 Hill, the last name of which belongs to none other than John Luke Hill, the man who booted Briscoe in last year's Demo- cratic primary.

14 MARCH 16. 1979 Center Stage presents Joseph Heller's CATCH 22

Opening Feb. 16 thru Mar. 18 / Reservations 477-1012 Thurs, Fri, Sat - 8 p.m., Sun Mat - 2 p.m. / Gen Adm $4, Student $3 Center Stage 6th and Trinity Streets, next to Old Pecan Street 50 cents off ticket price with this ad Lucille takes the wheel Bob and Sara Roebuck Austin's Authentic Arredondo Kika de la Garza, the congressman • Mexican Recipes from South Texas, is having a little car trouble, but he is making no panicky Anchor National calls to the neighborhood mechanic. The JORGE'S "trouble," you see, is that his campaign Financial Services 2204 Hancock, 454-1980 committee has bought one—his adminis- trative assistant describes it as "a little 1524 E. Anderson Lane, Austin tiny Ford station wagon"—for his wife, CASITA JORGE'S Lucille. The committee paid for it with (512) 836-8230 2538 Elmont, 442-9091 $10,000 of the $41,000 it raised at a "Sa- • bonds • stocks • insurance Jorge—Chief Cook & Pearl Diver lute to Kika" dinner last year, an action • mutual funds that apparently is legal but violates a Becky—Wife (Owner) • House ethics rule that says, in part: "A optional retirement program member of the House of Representatives shall keep his campaign funds separate from his personal funds and he shall convert no campaign funds to personal THORP SPRINGS uses. . . When questioned by Paul West of the PRESS Dallas Times Herald, de la Garza's aide, Cecilia Hare Martin. denied the gift vio- Committed to the publishing lated House rules and insisted that "he and promotion of new authors didn't have to report it, but he decided to because otherwise you characters [re- Write for our current catalog: porters] would say he was taking money from widows or depriving poor kids of 3414 Robinson Avenue Austin 78722 something." Then Martin proceeded to r place the whole thing in its proper con- text: South Texas politics. "Histori- cally," she said, "everyone down there's been given a car, then-congressman Joe Kilgore, Lyndon Johnson, John Con- nally, Dolph Briscoe. Nobody gets all btSt#14b;0;*;041#1 excited about it."

Moving on In a Hurry? Sherman Fricks, secretary- treasurer of the Texas AFL-CIO Fast Self Service; since 1973, resigned his position in January to return to the top job in his old union in Houston, Pipe Fitters Local New Soup 211. Fricks began as a pipefitter in 1942 and served as president of Local 211 & Salad Bar. from 1960 to '64. In January, Fricks was elected by a two-to-one margin to the post of business agent for 211, the largest ...or Sandwiches, Chili, Tacos, pipefitters' unit in Texas. Chalupas, and restaurant baked On January 27, the AFL-CIO execu- Buttermilk Pie served by our staff. tive board chose Joe Gunn to replace Daily Specials. Sunday Brunch. Fricks as the number two man in the state labor federation. Gunn, former Omelettes and Eggs Benedict. president of Houston's Communications Haagen Dazs Ice Cream Workers of America Local 12222, had and fresh yogurt. been serving on the three-member Texas Employment Commission since 1973 until he resigned to run for state secretary-treasurer. To complete the circle, outgoing Gov. the greenhouse Dolph Briscoe named a United Broth- Above the Kangaroo Court. Downtown Riverwalk erhood of Carpenters leader, A. C. Shir- ley, to the TEC slot vacated by Gunn. 314 North Presa, San Antonio, Texas.

THE TEXAS OBSERVER 15

Food to eat here or take home A deal for you. . from page 5 Gourmet foods from around the world It is a very powerful lobbying pres- Sen. Tom Creighton, chairman of the Gourmet coffees, teas, spices, ence. with no less than six former legis- economic development panel, conve- wines, cheeses lators on the payroll to push this pack- niently scheduled his hearing on the age: Don Adams (Texas Association of amendments for March 5, when the Business), Dick Cory (realtors), Gene Texas Association of Realtors was hav- Fondren (auto dealers), DeWitt Hale ing an Austin gathering of its member- OOMM011 (homebuilders), Gerhardt Schulle (real- ship. Well before this hearing, members tors), and Jack Welch (retailers). of TAR had been briefed on political MFAISET Each of these lobbies has a political strategy for the legislative package by action committee that contributes to lobbyist Dick Cory and Austin attorney 304 W. 13th 472-1900 campaigns, and a check of financial re- Frank Erwin, who urged the realtors to ports filed at the secretary of state's of- make a big showing at the committee fice reveals that the lobbies began their hearings. Isn't it time we started to stress onslaught on the Consumer Protection Indeed they did, and the committee the spiritual aspects of funerals Act in 1978. Of the 11 House sponsors of members were most gracious in their rather than the material? At Reveley the gutting amendments, nine received Memorial Services we believe the campaign contributions last year from truly dignified funeral is the simplest the major interests behind the bill: Hamp possible funeral. Money lavished Given the leadership's obsequi- on the vanity and theatre of Atkinson. Bill Blanton, Jim Browder, conventionally expensive funerals, Bill Ceverha, Gerald Hill. Gib Lewis, ousness to corporate power, money literally put into the ground, Jimmy Mankins, Bob McFarland and the Legislature could pass this could be much better utilized, Doug McLeod. in a living memorial, by your church, The same pattern holds true on the bill before the people of Texas your charity, your family. To assure state affairs committee, which is han- even know it is being consid- that your wishes are carried out dling the bill in the House—the auto and to spare your family the dealers alone contributed campaign ered. possibility of being sold a high priced funds to nine of the 16 members. That funeral you personally would committee has three vice chairmen: not want, contact us to learn more Gene Green, Bill Ceverha and Bob treatment of industry witnesses, even about our pre-need program. McFarland. The mobile home dealers though the testimony was less than and auto dealers gave to all three, while sparkling, convincing or even relevant. the realtors and Texas Association of One of the star witnesses presented by Business gave to Ceverha and McFar- Senator Meier to show the unfair impact land (who also serve as sponsors of the the Consumer Protection Act sup- MEMORIAL package). posedly has on business was a Waco SERVICES Then there's the lobbyists' choice for banker who testified that he had to pay Simple Funerals this session's "most valuable player"- an $18,000 settlement on a consumer claim arising out of a $30 overcharge on a San Antonio 533-8141 Sen. Bill Meier. He is the sponsor of SB .lust in I 11161-mat ion Center 357, and his campaign contribution list mobile home mortgage. Sen. Lloyd 472-0111 for 1978 reads like a who's who of the Doggett, who was sitting in on the hear- lobbies pushing for the bill—not count- ing, later pointed out to the committee ing the bit players who chipped in hun- that the banker was obviously dreds of dollars each to re-elect Meier confused—the case he referred to had last year, here's about $20,000 he took been brought tinder the truth-in-lending from some of the prime movers of this law, not the Consumer Protection Act. legislation: Then there was TAR attorney Mark ATTORNCYS Realtors $11,500 Hanna, who bemoaned a leaky-roof case Texas Assn. of Business 5,000 that had a value of $2,100 but resulted in Overcome the high cost of Texas Restaurant Assn. 1,750 an award of $9,000 in legal fees. Doggett down-time on your legal Homebuilders 1,550 knew about this one too—the legal fees Mobile home dealers 1,000 were so high because the realtor had re- secretary. fused to fix the problem, had told the Let us type your motions, This sort of giving helps grease the buyer "we'll bury you in paper," and had appeals, contracts, and skids for the work now being done in the obtained seven costly court delays trying other legal documents. Legislature. When Senator Meier was to drag out the case, hoping the plaintiff We can type from your asked by Austin reporter Dave McNeely would quit. rough drafts or tapes. where SB 357 came from, he said, "I got But committee members didn't want it from Fondren and Schulle and to hear this sort of nitpicking. They also Our work is flawless, Townsend," who are lobbyists for the didn't want to hear much consumer professional, fast, and auto dealers and realtors. Another man testimony—though they listened to the economical. the lobbyists treated generously in '78, eminent Page Keeton, former dean of the Lt. Gov. Bill Hobby, gave an important University of Texas law school, who said Foreign language typing available. boost to their legislative package this that Meier's bill itself was a gross decep- session by assigning the bill to the eco- tive trade practice and that the consumer 477-6671 504 W. 24th St. nomic development committee, which act should be left alone, all the members has become the graveyard of pro- except chairman Creighton left when consumer legislation. When the act was witnesses for the Texas Consumer As- passed in '73 and amended in '75 and '77, sociation came before them. And even it was handled by either the human re- Creighton preceded consumer attorney sources or jurisprudence committee. Joe Longley's testimony with a pointed 16 MARCH 16, 1979 statement that he was against the Con- The Restaurant sumer Protection Act. But the day was nothing but show for the visiting realtors anyway, and in the end the committee did what everyone knew it would do— .approve Meier's bill unanimously.

Is there any hope? If Texas consumers and fair-minded business people were to jump on this bill, the Meier-Hill gut job could be pre- vented. This is a classic case of lobbyists running roughshod over the Legislature Where the era of to get something that the public does not want them to have. fine dining is Don't be fooled: this is not a matter of recaptured. business versus consumers, but simply of a few Austin lobbyists versus Dinner Tuesday-Sunday everyone else in Texas. Business is not Sunday Brunch united on this package, not by a long Fine Wines and Bar shot. Arthur Roy, a Houston auto re- Find out what all the talk is about. There's more 4. 41111.• pairman, says, "I'm not afraid of the to the difference between Ales & Beers than Consumer Protection Act. I don't mis- words alone. Try a few Duvel Ales today, the Rio Grande at 17th St. only authentic, European-brewed, import ale Austin, Texas represent what's wrong with people's made 100 percent naturally without chemical cars: I do the repair work I tell the cus- additives in the traditional old-world fashion. 512/477-9948 tomer I've done, and if I guarantee my work, I honor it. A strong act will help my business if it encourages other me- chanics to be honest." That's a typical attitude, especially among small operators who survive on their reputa- tion. tf~o[z's Even the realtors' and auto dealers' associations seem to be taking a position A Texas Tradition Since 1866 on the act that doesn't square with the thinking of their own members—a July No games, no gimmicks, no loud music. 1978 random-sample survey by the Just good conversation with the most Texas Sunset Advisory Commission interesting people in Austin. And found that only 31 percent of auto the best of downhome cooking. dealers and 23 percent of realtors felt that the Deceptive Trade Practices Act 1607 San Jacinto Closed Sundays 477-4171 has a negative effect on their businesses. In fact, 34 percent of the realtors even felt the act has a positive effect on them, A Great Place .. . and 60 percent of the auto dealers either ... for Continental Steaks had no comment or felt the act has no and French Cuisine. effect. Ironically, Senator Meier is . . . for Irish Coffee, plus chairman of the Sunset Commission— the finest'selection of funny he never mentioned the survey. Brandies & Cognacs. The lobby swarming behind SB 357 . . . for the most unique and HB 744 knows that it is not likely to dining experience in Austin. pass something this ugly, but thus far they have not been willing to budge be- The Old Pecan st. Cafe cause they don't yet feel the weight of 31 4 East 6th St. public pressure that would at least force Open 8 a.m. until 2 at night. them to compromise on a few points. Free parking, S.W. Corner 7th & Trinity. That's the problem with this session— corporate lobbyists are hustling so much bad law so fast that it's hard for public attention to focus on any of it. And, given the leadership's obsequiousness to corporate power, the Legislature is likely to let these measures come charging out of the chute before the people know what's happening to them. If you've only got time to pay attention "that nice little Italian restaurant" to a couple of bills this session—make ANTIPASTO BAR NEW MENU LUNCH/DINNER this one of them, and make yourself Happy Hour 4:30-7:00 Reservations call 476-7202 heard as quickly as possible. —J.H. Conveniently located at 1601 Guadalupe

THE TEXAS OBSERVER 17 Texas women on the move Fast break

a.

C

By Gary Underwood Nacogdoches, Austin Rosie Walker, the 6'1 - post for Stephen F. Austin, positioned herself at the high post and took a pass from her point guard. She spun to her right, drove to the basket against Retha Swindell, the University of Texas defender, and scored. Hustling down the court on de- fense, Walker darted to her left and in- tercepted a UT pass. SFA returned quickly to the attack and Barbara Brown hit a 15-foot jumper. In 35 seconds SFA had surged to an eight-point lead. With the score 64-56 and only 1:38 left in the game, the Ladyjacks of SFA had cinched an upset over the Longhorns in the Feb- ruary finals of the Texas AIAW (Associa- tion of Intercollegiate Athletics for Women) tournament. The victory, by a final score of 70-59, avenged an earlier the Stephen F. Austin State University 69-72 loss to UT in the finals of the Texas Ladyjacks (number two) and the Way- Classic tournament in Austin. The 7,100 land Baptist College Flying Queens fans on hand in the SFA Coliseum to (number 11). witness this second shootout of the '78- These three teams and others around '79 season -between the top two teams in the state have made Texas one of the Texas had good reason to believe, by the premier regions in the U.S. for high- time the final buzzer sounded, that these caliber women's basketball, and they were in fact the top two teams in the have done it on a shoestring, generally country, for they had just seen intercol- playing second fiddle to men's teams legiate women's basketball at its best. everywhere except on the basketball You probably wouldn't know it from court—where they take second place to reading your local sports page or catch- no one. It's time we paid attention. ing the 10 o'clock sports report, but Texas has three women's collegiate bas- Outdrawing the Lumberjacks ketball teams ranked among the top 20 in The key to the Ladyjacks' rise to the the nation. In fact, they are currently top this season is Rosie Walker, who ranked second, third and 11th, and while transferred to SFA after leading Panola the University of Texas at Austin is one Junior College of Carthage, Texas, to of them (number three nationally), the two national championships while she others are not big-time schools with was earning honors as a two-time Na- big-budget sports programs—they are tional Junior College All-American. Photos, top to bottom: SFA star Rosie Walker powers her way past UT's Retha Swindell en route to Ladyjacks' February victory; Jackie Swaim, Longhorns' top scoring threat, drives toward basket against SFA defenders; speedy Linda Waggoner leads UT fast break. •

18 MARCH 16, 1979

.7,tre0Prt,0•• • Walker is powerful, aggressive and amazingly quick. In the AIAW tourna- ment final, UT fronted her, double- teamed her, and sagged on her, but could not stop her: she finished the game with 36 points. She leads her team in scoring with an -average of 26.7 points a game, and in another tournament game against Lamar University she set a new SFA single-game scoring record of 42 points. She is also the team's leading rebounder, averaging 13.1 rebounds a game. 1608 Lavaca 32nd & Guadalupe 201 E. Riverside Spectacular as Walker is though, the 478-3281 452-5010 441-5331 Ladyjacks are hardly a one-woman team. She is joined on the starting line- up by Vanessa Anderson, a sophorhore from Neches; Barbara Brown, a sopho- Create a positive first impression with your next more sharpshooter from Dallas; Terry Black, a junior from Winnie; and Missie paper or report. Complete your project with one Weisinger, a sophomore from Conroe. of our inexpensive bindings to create your own These players are not only highly tal- ented, but also young, and the team has special effect. Remember, first impressions can yet to reach its peak. "Next y6ar, we're have lasting effects. going to be awesome," says coach Sue Gunter with a knowing smile. The Ladyjacks' fans in the Piney Woods of East Texas think Sue Gunter's team, which boasts a record of 29 wins and only three losses so far this season, Ginnys Bindery Services 0 is pretty awesome already. When the 270 Anderson Lane Ladyjacks play in the SPA Coliseum, W. they outdraw the Lumberjacks, the SFA 2021 men's team. Routine games draw 2,000 Guadalupe to 3,000 spectators, and the 7,100 atten- 108

dance at the Texas AIAW championship Congress Call 476 - 9171 for details game broke the all-time record. In the Nacogdoches Daily Sentinel and other East Texas newspapers, the SFA women Copying is our middle name receive thorough coverage, though it is but not our only service still not as good as the press for the lowly Lumberjacks, who finished their season Ginny's Copying Service, Inc. 5-22. The women's team also gets good coverage on local. TV, and some of its games are broadcast on radio. There is even a Ladyjack Boosters group in Nacogdoches. But Gunter and her team have not always been so popular or successful. Indeed, though Gunter came to SFA in 1965 because she was promised an op- portunity to start an intercollegiate ath- letic program that would not shortchange the gifted woman athlete, it took a while before that promise was fulfilled. Gunter was hired as an instructor in health and physical education, and for years taught a full load of classes while she coached without pay. Until 1972, the Ladyjacks played their home games in a frame

building left over from a World War II 'Xi**tr t N WAC training center. "When it rained, 71, we had to put buckets and towels on the floor," Gunter recalls. The team traveled to out-of-town games in the players' cars, with Gunter buying all the gas, and they drove at night to avoid having to pay motel bills. The turning point for the Ladyjacks came in 1972, when Gunter's team earned its first berth in the AIAW na- tional playoffs. Since then, the Lady- og:1NTE-:-NTS 12 FL THE TEXAS OBSERVER 19

,1,2V-,0114"e4,4, )■104110..4100.4.+4

THE WOO L$ TO ONAANIO THAT TO HOOP jacks have returned to the nationals OVNIAT11001I MATINS PRICE WOODY HILLS three times, they have won the state COL: Texas Food for People, Not for Profit championship twice, and they finished Farmers A VEGETARIAN FOOD CO-OP second in the Southwest regional AIAW Union tournament in 1978. Gunter's team rec- ord since 1972 is 156-41. eoo LAKE AIR DR. ■ WACO, 1,EXAS 76710 • 817 772-7220 Nonetheless, the team did not win a place in the university's budget until * * * cy-o•a•Pe, thvited to-.aihe at 1974. By that time Gunter, her players, and Dr. Lucille Norton, the head of * * gZe 63azzatg, azo-, j 1,2 Ozei SFA's physical education department ** (geaxes,- and the person responsible for bringing Gunter to the school and keeping her _$niX sowed ../frievuk,9 tkva,94 9;Y:4 there, had shown the university that, with or without administration support, la .2.. 001hav the Ladyjacks were going to be nation- * OthneY sePeia ffonz/ay t/zPoagA Jata/4. ally competitive. The upshot was the * * creation of a department of women's ath- • 67. 00 ti/i i t. 00, letics and the naming of Sue Gunter as its . 6\....‘,„ ...4,,,,„„,,,, Oloyk. th. at Aiefilifina- iiii.lab till A. 00 ant director. She doesn't have to buy gas for road trips anymore and her team actually gets to stay in motels when necessary Gaslight Theatre presents George Gershwin's (though her players, like women basket- ballers at all other Texas schools, still "PORGY AND BESS" have to sleep four to a room and two to a starring member's-of the Houston Grand Opera. double bed, while male players are put Opening March 21 thru April 8 I Reservations 476-4536 up two to a room and get a double bed Wed. & Thurs. 8 p.m. & Sun. Mat. 2 p.m. — $6. Fri. & Sat. 8 p.m. — $8. apiece). Group rates are available. Outspent by the men Coming April 24 "CABARET" directed by Dr. Stephen Wyman While Sue Gunter and her Ladyjacks have become a star attraction on their Sat. Children's Matinee "THE PINEAPPLE PLAYERS" home turf in East Texas, the UT women March 24, March 31 & April 7 at 2 p.m. Longhorns and their coach, Jody Con- radt, find themselves overshadowed in Gaslight Theatre, West Fourth & Lavaca Streets, Austin Austin by men's basketball coach Abe Lemons and his team. It is no dispar- agement of Lemons and company to note that Conradt faced the more chal- lenging assignment when both coaches arrived at UT in 1976, and that her suc- cess since has at least been the equal of his. While Lemons was transforming a, mediocre but financially well-endowed UT men's team into a Southwest Con- WE'RE TURNING INTO ference leader and a victor in the Na- tional Invitational Tournament in just two years, Conradt was making a virtu- A SHAMROCK STATION. ally nonexistent women's basketball program nationally competitive. Con- radt's first season at UT was also the On March 17th, you too can turn into a first season in which the Longhorn Shamrock Station. At the corner of women made it into the national rankings Barton Springs and South First. (as high as 13th at one point). The team Shenanigans will be pumping Austin's original moved up as high as ninth the next year, Saint Patrick's Day celebration on Saturday, and made it to number two this year be- March 17th. Pull in. Fill up on our 20C green beer. fore Stephen F. Austin bested them in Try some corned beef & cabbage, lamb stew, the Texas AIAW championship game. Their record stands at 35-3 on the sea- split pea soup, Reuben sandwiches, and son. But Abe Lemons is now a Texas apple crumble under your hood. And drive away celebrity, while Jody Conradt remains with the luck of the Irish. unknown. Full service from 11:30 a.m. Conradt's Longhorns are better known nationally than they are in their home state, but unlike the SFA Lady- rauENANiciANs jacks, their successes have not won them c\_ commensurate coverage in the local news media. The Daily Texan, the stu- dent paper at the university, is the only newspaper in the state that gives the women Longhorns attention approach- ing that accorded the men's team. In the Austin American-Statesman the women 20 MARCH 16, 1979 Longhorns rate only a fraction of the space given to the men Longhorns, and Erratum Personal Service — Quality Insurance television coverage is hardly any better. Inadvertently omitted from the article The three commercial stations in Austin ALICE ANDERSON AGENCY entitled "Held to account" in our March report scores and summaries of the INSURANCE & REAL ESTATE 2 issue was an acknowledgment of the women's games, but videotaped inter- research assistance provided by Helen views with Jody Conradt are rare, 808A E. 46th, Austin, Texas 459-6577 Jardine and Anne Norman, Observer though Abe Lemons even has his own staff assistants. TV show. Interviews with players or tgracar*■■•■•■■■■■ women's game highlights are virtually never shown—in fact, boys' high school low-key, patient, attentive to your situation— teams from the Austin area fare better member firm with RELO complimentary nation- THE COMMODORE wide home locators—member brokers in all than the Longhorn women on this score. HOTEL major cities Part of the publicity problem is that, in ED BENNETT spite of their national ranking and their On Capitol Hill (512) 837-2030 / (Res.) 459-8492 exciting fast-break, full-court-press Owned by Texans. Run by a Texan. 10102 N. Lamar, Austin 78753 basketball style, the Longhorn women 520 N. Capitol St., NW have not had much opportunity to show Washington, D.C. 20001 r"1 JBGa:dwin WORLD LEADER Company their stuff to potential fans. It's some- IN RELOCATION thing of a vicious circle. Because the women's team cannot afford the $2,500 the legendary rental fee for each night's use of the UT .,‘,11 and Associates Special Events Center until its games 502 W. 15th Street E Austin, Texas 78701 REALTOR ' draw enough attendance to break even, it RAW DEAL 9' (I) Representing all types of properties is forced to play before the men start Steaks, Chops, Chicken in Austin and Central Texas their game at 7:30 p.m. That means that open lunch and evenings Interesting & unusual property a specialty the women's games have to get under- 605 Sabine, Austin No Reservations 477-3651 way at 5:15 p.m., when rush hour is at its peak on the neighboring freeway. Small wonder, then, that attendance is between 50 and 100 fans when the games begin. Only during the second half of the Evenin' Stephens women's games will the crowd swell somewhat, as early arrivers for the men's games dribble in. But an experiment After work or during the evening, enjoy the quiet sophis- Conradt made this season gave clear tication of the newest bar in town. proof that a following exists for high- STEPHEN'S, located in the historic Stephen F. Austin quality women's basketball in Austin. Hotel, offers a buffet lunch. Happy hours are 4 p.m. to When the Longhorns played the Way- 7 p.m. with free hors d'oeuvres. Enjoy the piano enter- tainment of Peter Williams from 9 p.m. to 1 a.m. land Baptist Flying Queens on a night in STEPHEN'S provides a welcome change of atmos- January when the men were playing at phere in the downtown area. We'll be looking for you Rice, the 7:30 p.m. game drew 3,500. some evenin'. Money, of course, has always been the missing factor in women's basketball. Although the current UT program dates from 1966, the team operated for eight years under the auspices of the in- ST_ HEN'S tramural program, with minuscule al Inc 7th and Congress Ave. budgets and unpaid volunteers as coaches. As late as 1972-73 the basket- ball team was allotted a mere $430. The players made their own uniforms, which For the were shared with the volleyball team. It wasn't until 1974, at the urging of Dr. Sport Thompson, that the university adminis- in your tration agreed to commit enough money to a women's intercollegiate athletic pro- Life. gram to make it nationally competitive in ■ RUNNING seven major sports, including basketball. ■ CLOTHING This year, the budget for UT women's ■ TENNIS basketball reached $77,500. That doesn't ■ SOCCER approach what the men get by a long shot—compare, for instance, the $40,000 the men's team currently receives for travel with the $17,000 allocated to the 4772Sporting women, who travel just as much. But UT's modest investment is actually no small sum by the miserly standards long Feet applied to women's basketball, and the Longhorns have made the most of it. DOBIE MALL ■ 2021 GUADALUPE The current Longhorn team includes AUSTIN. TX 78705s 472-8610 no less than nine star-caliber players, THE TEXAS OBSERVER 21 and all of them see plenty of action. Among them, to name just a few, are: IF YOU ARE an occasional reader and Retha Swindell, 6'2" senior and the would like to receive The Texas Observer regularly—or if you are a subscriber and team's top rebounder and shot-blocker; would like to have a free sample copy or a 6'2" junior Jackie Swaim, the one-year gift subscription sent to a friend— Longhorns' leading scorer; junior Linda here's the order form: . Waggoner, whose quickness is the key to UT's fast break and full-court press; and SEND THE OBSERVER TO— senior Kim Basinger, an all-around player who stands out especially on de- name fense. All of the nine first-stringers are good percentage shooters and aggressive defenders. This team plainly has more address depth and balance than the SFA Lady- jacks, and it's a tribute to Sue Gunter's city state zip players that they beat the Longhorns at their own fast-moving game in last ❑ this subscription is for myself month's state AIAW finale. ❑ gift subscription—send card in my name ❑ sample copy only—you may use my name Overtaken • • • • Regardless of whether SFA or UT is ❑ $14 enclosed for a one-year subscription the best team in the state, one thing is ❑ bill me for $14 certain: Wayland Baptist, for 30 years • • • • the class women's basketball team in MY NAME & ADDRESS (if not shown above): Texas, no longer is. The Flying Queens, who used to travel nationwide in airplanes provided by Wayland alumnus UT's Swaim tries shot against Wayland Claude Hutcherson to find worthy com- All-American Jill Rankin (13) and teammates. petitors, now have a 20-8 record for the '78-'79 season, and included in those are all thirty points better than the rest of eight losses were two to UT-and three to the teams in Texas, but other universities SFA. can be expected to come on fast now that THE TEXAS OBSERVER the Title IX policy on equal opportunity The problem for coach Dean Weese is 600 W. 7th, Austin, Texas 78701 in collegiate athletics (promulgated by not that the Queens are slipping; it is that HEW in 1975) has given them a nudge in his opponents have caught up with Way- the right direction. And there's no ques- land. To be sure, Weese's current squad tion that if Texas universities want to has two All-Americans-6'3" junior Jill • support first-class teams, the state has a Rankin, who hits 61 percent of her shots, staggering abundance of home-grown and Kathy Harston, a 5'10" junior who is talent. In fact, Texas has by far the a wizard at ball handling and FREEWHEELING BICYCLES. 2404 San largest high school women's basketball playmaking—but Wayland, a tiny school Gabriel, Austin. For whatever your bicycle program in the U.S.-1,026 high school with a student body of a thousand or so, needs. teams with over 23,500 players were is not the only place in Texas for such BOOK-HUNTING? No obligation search for competing this year, and the numbers are talented players to go nowadays, as more going up. Quite a few of the top rare or out-of-print books. Ruth and John and more colleges offer women oppor- players coming out of these high school McCully, ARJAY Books. (512) 263-2957. Rt. tunities to play in good programs. 8, Box 173, Austin 78703. programs are signing on with Texas col- Compounding the Flying Queens' re- lege teams other than the big three, TYPING. Can't do it yourself? Or don't have cruiting problems are certain charac- which means teams like Houston, Baylor the time? Professional typing at reasonable teristics of the Weese regime at Way- rates in Austin or by mail around the state. and Texas Tech could offer strong com- land. Weese thinks it his province as petition in a few years. (512) 477-5420. coach to regulate the behavior of players But for now, while these developing JOIN THE ACLU. Membership $20. Texas off the court as well as on; so, he says, Civil Liberties Union, 600 West 7th, Austin teams dream about next season or the "very sound Christian kids" are "the one after, Texas' three national powers 78701. only kind of kids we try to recruit." He have a more immediate concern—SFA, concedes that his insistence on controll- BINGO A FELONY? Send S.A.S.E. Tasar, UT and Wayland are (at this writing) in Box 50667, Dallas 75250. ing the Flying Queens' personal lives ac- the midst of the Southwest AIAW Re- cording to his own fundamentalist tenets gional Tournament in Tulsa, and there's MAMA'S JALAPENO CORNBREAD and a "cuts out a lot of kids who would be very a good chance that one or even two of batch of other favorite recipes, $1. Mama, good basketball players"—but, he says, the Texas clubs could advance all the 607-A West 17th, Austin 78701. "they would not probably fit into the way to the national (and nationally tele- BACKPACKING - MOUNTAINEERING - mold of Wayland Baptist College." vised) championship game on March 25 RAFTING. Outback Expeditions, P.O. Box (Neither, by the way, do blacks seem to in Greensboro, North Carolina. And 444, Austin 78767, (512) 442-8036. fit the Wayland mold— during Weese's there's more than mere provincial parti- THE SAN ANTONIO Democratic League tenure as coach of the Flying Queens, sanship to the hope that a Texas team the team has not had even one black meets the first Thursday of each month. For does make it that far, for what better way player. But the word has gone out over information, call Jim Bode at 344-1497. could there be to let the uninitiated know the grapevine that this, at least, may be what they've been missing? ❑ Classified advertising is 30¢ per word. Dis- about to change, because Weese is now counts for multiple insertions within a 12- trying hard to recruit two blacks from Gary Underwood teaches English at month period: 25 times, 50 percent; 12 times, Oklahoma.) the University of Texas and is a devoted 25 percent; 6 times, 10 percent. This season Wayland, UT and SFA basketball buff.

22 MARCH 16, 1979

W4410AlitiAtt ,N • 1$0 7 , 0 ■.:3- -'' r,•.-fr'g , -. ■., aVearcFuture This calendar is an information service for Observer readers. Notices must reach the Observer at least three weeks before the event. ernor's Office of Energy Re- meets to discuss erosion. All are sources and the federal govern- invited to one of two meetings on March 21 / Wed. / Corpus p.m. in the University of Texas ment. Enrollment costs $10-$15 in the same topic: at 1:30 p.m. or.7 Christi: The Army Corps of En- Union, Room 3.116. Everyone in- some cities; others offer the p.m., 3701 West Alabama. Infor-' gineers holds a public hearing on vited. Information: John Hollrah course free. Locations and infor- mation: Judy Vinson (713) 228- an application by Coastal States (512) 471-1341. mation: March 26 / Brownsville: 0037. Crude Gathering Company to (512) 541-1241. March 26 / San March 23 / Fri. / Houston: build three 42-inch pipelines Antonio: (512) 734-7311, ext. 201. March 29-30 / Thurs.-Fri. / "Women in City and County across Corpus Christi Bay. At 9 March 31 / Dallas: (214) 746- Austin: "Migrant Issues of the a.m. at the Old Beach Theater, Government" is yet another 3198. '80s" is a conference sponsored 3200 Surfside. To testify, contact statewide conference providing by the Governor's Office of Mi- the Corps' district office: P.O. workshops on everything from March. 29-April 1 / Thurs.-Sun. grant Affairs and the National Mi- Box 1229, Galveston 77553; (713) negotiating skills to the legislative / San Antonio: The tenth national grant Referral Project. Funding, 763-1211. process. $15 for the all-day pro- conference on women and the law migrant health, community devel- gram or $7 for luncheon program features 135 workshops on wom- opment are topics for discussion. March 21 / Wed. / Austin: Five with guest speaker Sarah Wed- en's issues. Vilma Martinez, Information: Trinidad Pina or dollars buys a ticket to three dington, aide to President Carter. president of the Mexican Amer- Evangeline Jarvis (512) 475-6789. lunches—on three successive Information: University of Hous- ican Legal Defense and Educa- Wednesdays—and luncheon talks ton Continuing Education Center, tional Fund is keynote speaker. April 6-8 / Fri.-Sun. / Saratoga: on physical fitness, diet and 4800 Calhoun, Houston 77004; Preregistration information: The annual Big Thicket Retreat sports in today's society. At noon (713) 749-4184. Women's Law Caucus, UT Law features field trips, canoeing, at the Stephen F. Austin Hotel. School, Austin 78705; (512) 471- camping, birdwatching. $6 per Information: (512) 471-3123. Homeowners around the state can 7751. person or $15 per family group. learn energy conservation Write Big Thicket Association, March 21-30 / Wed.-Fri. / Aus- through the Home Energy March 29 I. Thurs. / Houston: Box 198, Saratoga 77585. tin: A symposium on women's is- Analysis Training (HEAT) Pro- The Houston-Galveston Area Cit- sues ranging from abortion to the gram sponsored by the Gov- izens' Environmental Coalition —Vicki Vaughan ERA is put on by the Texas Union's ideas and issues commit- tee. Former congresswoman Bella Abzug will give the keynote address March 26 at 8 p.m. in the Texas Union Main Ballroom. In- formation and schedule: Rob Wilds (512) 471-3151. March 22 / Thurs. / Laredo: "Women in the Workforce: Yes- terday and Today" is a series of statewide seminars. Information for Laredo: Lupe Canales of the Webb County Women's Political Caucus (512) 722-8477; the Bexar County Women's Political Caucus and the Mexian American Unity Council host the seminar March 26 in San Antonio. Information: Francille Radmann (512) 824- 1176. March 22 / Thurs. / Austin: Amnesty International meets at 8 1 Good books in every field WELCOME TO JENKINS PUBLISHING CO. HALF The Pemberton Press PRICE THE 66TH SESSION John H. Jenkins, Publisher RECORDS .MAG AZINE

Box 2085 g3I Austin 78768 IN DALLAS: ROY'S TAXI 4528 McKINNEY AVE. 209 S. AKARD, downtown INC.

ANDERSON & COMPANY RICHARDSON: 508 LOCKWOOD coming (west of post office) TEA SPICES FARMERS BRANCH SHOPPING CTR. 476-6911 TWO 3131■FE1ZSON SQUARE SW CORNER, VALLEY VIEW AUSTIN, TEXAS 78731 2-WAY RADIO EQUIPPED 512 453-1533 IN WACO: 25TH & COLUMBUS Send me your list. IN AUSTIN: 1514 LAVACA 24 HOUR SERVICE Name 6103 BURNET RD. SE HABLA ESPANOL Street IN FORT WORTH: 6301 CAMP BOWIE BLVD. City Zip (Ridglea Shopping Center) SINCE 1931

THE TEXAS OBSERVER 23 Dialogue Mortgage lenders interest rates had gone up since this loan pages. That way we can all find our way was made, they could lend this money I read with much enthusiasm your ar- back home again—to a sane, caring polit- out at a higher rate (and again collect ical party. A party that refuses to put a ticle "Up, up and away" (Obs., Feb. 16) points and fees). regarding mortgage lenders' demand for price tag on everything—be it the electo- higher lending rates. It would appear that Harold Eisenman rate or human decency. Houston you are well versed on the subject and I Marvin A. Brock wholeheartedly agreed with your views Lubbock until I got to the last paragraph. During Deposit profile the entire article you leveled blast after Your article about increasing the AAM and the issues blast at the savings and loans from mortgage rate ceiling in Texas (Obs., Your article on the American Agricul- whence these bills came. Then in the last Feb. 16) was most interesting and gener- paragraph you stated, and I quote, "This ture Movement (Obs., Feb. 16) was ally factual. It contains a most glaring evenhanded in its treatment of the mat- is a banker's bill." error, however. You state that "by far I can certainly understand how the ter. But I think the average city-dweller the bulk of S&L deposits comes from fails to appreciate the whole con- general public can confuse the difference funds average Texans put in passbook between banks and savings and loans. I troversy, believing that farming involves savings accounts, which cost S&Ls a nothing more than planting a few seeds can't forgive, however, a man who seems mere 51/4 percent." and waiting for it all to grow. to be as knowledgeable as you for such a A look at the small, locally owned mistake. This is not a banker's bill, is not I lived in the country in Kentucky for S&L with which I am connected reflects several years before returning to the city to become a banker's bill, and, I hope, this: 51/4 percent passbook accounts rep- will not be passed into law. and I learned a lot from the farmers I met resent 15 percent of total deposits; 53/4 I look down in the lower right hand there. I discovered that it takes a lot of percent certificates of deposits, 2 per- intelligence to be a successful farmer, corner of page 22 of the same issue and cent; 9.59 percent "money market CDs," see a small ad (for the Raw Deal). This is and a good bit of luck. I saw, also, that a 26 percent; 61/2 percent CDs, 9 percent; lot of farmers fail because they are fasci- exactly what you are giving bankers. 63/4 percent CDs, 2 percent; 71/2 percent nated with modern technology—buying Elwood McKinney, President CDs, 24 percent; 73A percent CDs, 17 a six-row planter when a three-row American State Bank percent; 8 percent CDs, 5 percent. planter more than meets their needs. Fort Worth Our deposit profile is typical of the in- And there are college-educated farmers You're right, it is not properly a bank- dustry. Savers are more sophisticated who fail when they learn the hard way er's bill, since the S&Ls are the major now and demand larger return on their that farming isn't so exact a science after force behind it. We apologize for slurring savings dollars. You overlooked, too, the all. the many bankers who, like Mr. McKin- fact that many S&Ls have a material Many members of the American Ag- ney, are opposed to the mortgage rate percentage of their loans in old, low- riculture Movement are good farmers increase, but we also would point out yield loans, some down to 51/2 percent. and others are simply failures trying to that much of the state's banking estab- If you will look around, you will find blame someone else for that failure. The lishment is very active in the lobbying little mortgage money available in Texas movement is good in that it has given a effort to pass this bill, including the at the present 10 percent ceiling. When common voice to at least some elements Texas Mortgage Bankers Association, the money supply is plentiful, compe- of the farming community. But that the Texas Bankers Association, and the tition will keep the rates in line. Now, at voice shouldn't be misunderstood. The Texas Association of Bank Holding a 10 percent max, there is simply little average family farmer doesn't want gov- Companies. The only group of bankers money to be loaned. ernmental assistance because he or she not working for the higher rates is the Robsert S. Norment realizes that there are always strings at- Independent Bankers Association of Paris tached to that aid. All that is wanted is an Texas. -Eds. even break, an environment which Lender's profit Mr. Norment is an officer and director doesn't favor the giant agribusiness over of Paris Savings and Loan Association. the family farmer. Your article on mortgage interest rates -Eds. America will be the poorer if the (Obs., Feb. 16) was informative, but it The way home number of family farmers continues to didn't discuss some of the factors which dwindle. The consumers, as well as the contribute to the lender's profit picture. Near the end of Kurt Vonnegut's "The farmers, will lose if that occurs because, These include points and various service Hyannis Port Story," President Kennedy when the the corporations dictate prices, charges on the front end, as well as pre- comes home late one night and asks his the prices go up, just as they have in so payment penalties on the tail end. neighbor why he turned off a gigantic, many other areas. My wife and I recently purchased a lighted "Barry Goldwater for President" The Observer can provide a service by home which the seller had financed billboard. The neighbor (whose son has not losing sight of the complexity of the through Heights Savings in Houston. His fallen in love with a Kennedy girl) says issues involved here. It makes a good mortgage called for three months' inter- that he just didn't feel like having it on start on that in its February 16 issue, and est to be paid as a penalty should it be anymore. I feel certain in the future that it won't paid off early. The man had to cough up President Kennedy asks the neighbor give in to the tendency to use the clichés almost a thousand dollars in penalty. to "please turn on the sign and leave it which have too often dominated the I felt sorry for him and volunteered to on. That way I can find my way home." rhetoric on both sides of the issue in the talk to Heights. My calls and letters fell In the same way the election of Bill past. on deaf ears. They were unimpressed by Clements should always be kept in mind. Paul Taparauskas and unresponsive to my plea that since I hope he's quoted a lot on the front New Orleans, Louisiana 24 MARCH 16, 1979