The Texas Observer MAY 14, 1965

A Journal of Free Voices A Window to The South - 25c Will Texas License the lie' Examiners?

Austin the like. Temple displays testimonials from suspected of a crime, but were innocent, If the House of Representatives in Austin 7-Up Bottling Co., Capital National Bank, would you agree to take a Polygraph (Lie passes a bill that the Senate has already Holiday House, 2-J Quick System, Price's Detector) test to prove your innocence? approved, Texas may become one of the Inc., of Houston, and Youngblood's of . . . 30. Do you want a job for any reason very few American states that have pro- Waco. other than gainful employment? 31. Is vided for the state licensing of the men who Employment Advisors' motto on one of there anything in your personal life that operate the so-called lie detector machines. its brochures proclaims: "Polygraph might discredit a company you were em- These machines are now being used in screening for higher profits." Inside it is ployed by? . . . 33. Organizations of which Texas and throughout the country, not explained that polygraph testing "may you are a member : Fraternal *** Religious only by law enforcement agencies on sus- mean greatly increased profits for your "" Civic "*" Labor ***. 34. Do you attend pected criminals, but also by private busi- business, and higher morale among your church regularly? . . . 36. Would you agree nesses on their present employees and ap- employees." to having the above information checked plicants for jobs. Mrs. Lucille Bostwick, the receptionist in by a Polygraph examination if it would As of January this year, only three of the firm's small offices in the International facilitate your obtaining employment? .. . the 50 states licensed lie detector operators Life Bldg., said, "Some people come in 38. What is your religious affiliation or —New Mexico, Kentucky, and Illinois. The here and they're just petrified. They can't preference?" New York legislature passed a bill to li- even talk. I explain this form to them, and After he has filled out the form, the job cense them in 1963, but Governor Nelson they don't hear a word I said. They don't applicant or employee is seated in a high- Rockefeller did not sign it.' hear a word I said." Others appear calm, backed chair and hooked up to the poly- Five states have outlawed the polygraph she said. graph machine with a long tube across his machine in employment relations — Cali- Temple estimates that this many private chest, a blood pressure tube around his fornia, Massachusetts, Oregon, Alaska, and businesses use lie testing in these Texas arm, and a device that measures the sweat- Delaware. The Alaska statute reads in part: cities: Austin, 200; Dallas, 600; Houston, ing of one of his hands. Arms on the ma- "No person either personally or through chine register readings of his reactions on an agent or representative may request or a band of moving graph paper as he is suggest to a person in his employ or to a IT'S NOT A LIE DETECTOR, asked and answers about his current debts, person who has an application for employ- bad debts, judgments against him, his loans ment pending before him or require as a J. EDGAR HOOVER STATES outstanding, his type of military discharge, "It should be pointed out that the poly- condition of employment that the employee graph, often referred to as 'lie detector,' and so so. E.A.'s polygraph form has or applicant submit to an examination in is not in fact such a device. . . . The FBI "45 numbered questions, including these: which a polygraph or other lie detecting feels that the polygraph technique is not 41. 16. Have you ever quit a job with- sufficiently precise to permit absolute device is used." Violators can be fined judgments of deception or truth without out notice? . . . 20. Are you looking for $1,000 or jailed one year or both.2 qualifications." long-term employment? . . . 27. Have you —J. Edgar Hoover in the Warren Com- ever received compensation for an injury? mission Report at page 815. AN OFFICIAL of a large poly- . . . 35. Are you being planted on this job graph-using company in Chicago says that for any reason? . . . 41. Have you ever it has done work for every major corpora- 600; Fort Worth, 500; San Antonio, 400; stolen any money?" tion in the United States. Los Angeles, Corpus Christi, 100; El Paso, 100; Midland- Miss Winnie McGraw, formerly of Aus- Dallas, San Antonio, and Detroit have used Odessa, 100; the lower Valley, 250; Long- tin, who now works in a government pro- the machines on applicants for many city view-Tyler, 100; and other areas of the gram, was a secretary for three months in jobs.3 The Wall Street Journal has report- state, 500. a Texas polygraph company's office. She ed that Texas may be the heaviest user of said people who were down-and-out gen- the machines for commercial purposes, TEMPLE PROVIDED copies of erally agreed to take the tests and people with an estimated 7,500 companies in- the forms that subjects are first asked to who did not need the work badly often re- volved.4 fill out in writing and the questions they fused to do so. She explained that there One private Texas company is Employ- are then asked on the lie detector. Temple was a one-way window through which job ment Advisors of Austin, whose president, stated that as the job applicant fills out applicants and employees could be watched Bob Temple, estimates that since 1959 his the written form, his knowledge that he is as they took the tests, and that the pur- firm and its antecedent have given 15,000 going to be tested on his answers on the pose of this window was to let employers tests to 6,000 people in Austin, which has lie detector machine has a psychological paying for the tests, or their agents, watch a population of just over 200,000. Obvi- effect on him. the proceedings. ously a number of the job applicants and Employment Advisors asks job appli- Temple confirmed that he asks job ap- employees on whom this company has run cants that its clients send over to state, on plicants if they belong to a union and lie tests have been tested more than once. the preliminary form, their answers to 38 whether they intend to organize one. Com- Employment Advisors keeps the records on questions, including these: panies "on occasion". ask him to find out each of its tests and consults a person's "2. Do you know of any former employ- if employees intend union organizing ac- previous test results if he is being tested er who would not give you a good recom- tivity, he said. again. mendation? 3. Are you seeking permanent Roy Evans, secretary-treasurer of the Employment Advisors has about 150 employment? . . . 8. Have you ever col- Texas AFL-CIO, says permitting employers Austin businesses for clients, including res- lected Workmen's Compensation Insur- to use the polygraph in employment situa- taurants, grocery stores, drug stores, and ance for an injury? . . . 22. If you were (Continued on Page 4) An't Sanction 54.e Mayhem. ConlinueJ te 21lec1ion Let us hope that we need not totally des- We trust the gentlemen of the legislature 24, also fo Palestine, was injured. . . ." pair of this legislature, and that the House will not forget industrial safety—will not Dallas Times-Herald (AP), April 17, 1965. will not go along with the Senate-passed forget those thousand Texans killed on the "Manuel Pena Garcia, 19, . . . was elec- bill to put the state in the business of li- job every year, those 200,000 who are hurt trocuted yesterday morning when a crane censing the people who grill job applicants or made ill at work every year. There are, boom came in contact with high-voltage and employees on their private lives, be- after all, only two weeks left for something electric power lines. Garcia was working liefs, and religion. to be done. Casting about for a way to at the Phoenix Supply Co. . . . when the The "lie detector" does not detect lies, help the gentlemen keep the subject in accident occurred. A spokesman for the but it does scare the people who have to mind, we have come upon a little stack of company said the youth was working on a submit to it. That is why law enforcement clippings on industrial accidents in Texas crane which has been unloading steel. As people so carefully say it's OK to use it, that have appeared since our last story on the crane was changing positions, its load- but only as an "investigative aid." That this subject. Perhaps they will help. ing boom contacted the overhead power is why its results have never been admis- "John William May, 29, of Port Lavaca, wires. Garcia was holding the crane's metal sible in a court of law. That is why, even an employee of B&T Construction Co., was pickup hook and caught the full force of though the evidence is undeniable that the killed at 8 a.m. Monday when a bulldozer the bolt." Caller-Times, April 29, 1965. process of interpreting the contraption's he was loading on a truck fell, crushing "Proto Mendez, 36, . . . was crushed to squiggles is error-ridden, many private him. . . ." Corpus Christi Caller-Times, death at 10:30 a.m. today between a steel businesses tell their job applicants and em- March 30, 1965. gondola and a tank 'car at the Milgold ployees to take the tests. As one witness "A trial . . . began yesterday in 117th Corp. .. . Co-workers found the body of said to a House hearing last week, it's a District Court in which Felipe R. Gomez Mendez, an employee of Milgold Corp., good preventive measure.'That is, it scares' is seeking workmen's compensation insur- shortly after the accident. There were no the employees. ance for an injury allegedly received Aug. witnesses." The Houston Chronicle, May 1, It also strips them of their dignity. It 15, 1963, while he was employed by Pitts- 1965. requires them to answer personal ques- burgh Plate Glass Co. Gomez claims he "Five men were injured, none seriously, tions even a priest in confession would not was permanently disabled when his left ask. out of the blue as the polygraph ex- yesterday in an explosion and flash fire leg was scalded by hot chromium liquid." at a chemical company. The men reported- aminers do. It is being used in the anti- Caller-Times, April 6, 1965. union states as a device to screen out job ly were burned when a boiler exploded applicants who might want unions and to "A workman was accidentally electro- and caused the fire at the Tenn-Tex Alloy extract commitments from others that they cuted yesterday and another injured in an and Chemical Co. . . ." Dallas Times Her- won't try to get unions. The apologists who oil field accident near Slocum, 20' miles ald (AP), May 7, 1965. say that a job applicant or an employee is southeast of Palestine. Killed was Dwight What will it take, gentlemen, another "free" to take or not to take such a test Johnson, 22, of Palestine. Raymond Hogan, Texas City? when his boss, or the person he hopes will become his boss, asks him to do so know perfectly well that anyone who wants the THE TEXAS OBSERVER work will have to take the test. © Texas Observer Co., Ltd. 1965 A Journal of Free Voices Some states are outlawing the use of the 59th YEAR — ESTABLISHED 1906 A Window to the South polygraph in employment relations, and Vol. 57, No. 10 this is what Texas should do. The only rea- 7°301#' May 14, 1965 son "licensing" is the issue before the leg- Incorporating the State Observer and islature is the activity of a lobby for the the 3332 Lynwood, LY 4-4862; Cambridge, Mass., East Texas Democrat, which in turn incor- Victor Emanuel, 33 Aberdeen Ave., Apt. 3A. polygraph operators. Lord, though, gentle- porated the State Week and Austin Forum- The editor has exclusive control over the edi- men, this is no routine bill, this is no ordi- Advocate. torial policies and contents of the Observer. nary board these so-called lie-testers pro- We will serve no group or party but will hew None of the other people who are associated pose you pass. They want two of the mem- hard to the truth as we find it and the right with the enterprise shares this responsibility as we see it. We are dedicated to the whole with him. Writers are responsible for their own bers of the board to come from "the com- truth, to human values above all interests, to work, but not for anything they have not them- mercial field" and two to come from offi- the rights of man as the foundation of democ- selves written, and in publishing them the edi- cial agencies. If the House will not out- racy; we will take orders from none but our tor does not necessarily imply that he agrees law the use of these tests in employment own conscience, and never will we overlook or with them, because this is a Journal of free relations, then at least the representatives misrepresent the truth to serve the interests voices. of the powerful or cater to the ignoble in the The Observer publishes articles, essays, and of the people should angrily refuse to legiti- human spirit. creative work of the shorter forms having to matize and sanction the psychological Editor and General Manager, Ronnie Dugger. do in various ways with this area. The pay blackjacking of every worker in this state. Partner, Mrs. R. D. Randolph. depends; at present is is token. Unsolicited This is not a union labor issue, for while the Business Manager, Sar,ah Payne. manuscripts must be accompanied by return Contributing Editors, Elroy Bode, Bill Bram- postage. Unsigned articles are the editor's. Dur- device is used against unions, so, in Texas, mer, Larry Goodwyn, Franklin Jones, Lyman ing the current legislative session, unsigned are a lot of devices. This is a question Jones, Larry L. King, Georgia Earnest Klipple, legislative stories may sometimes embody or of whether the legislature values the dig- Willie Morris, James Presley, Charles Ramsdell, be the reportage of Capitol reporters who cover nity of the people; whether the legislature Roger Shattuck, Dan Strawn, Tom Sutherland, some events for the Observer. will approve, and have the state participat- Charles Alan Wright. The Observer is published by Texas Observer Staff Artist, Charles Erickson. Co., Ltd., biweekly from Austin, Texas. En- ing in, the grilling and intimidation of Contributing Photographer, Russell Lee. tered as second-class matter April 26, 1937, at every person who works for a living in Subscription Representatives: Austin, Mrs. the Post Office at Austin, Texas, under the Act Texas; whether it is all right with the leg- Helen C. Spear, 2615 Pecos, HO 5-1805; Dallas, of March 3, 1879. Second class postage paid at islature that the citizenry's privacy of Mrs. Cordye Hall, 5835 Ellsworth, TA 1-1205; Austin, Texas. Delivered postage prepaid $5.00 El Paso, Mrs. Jeanette Harris, 5158 Garry Owen a year; two years,. $9.50; three years, $13.00. mind be violated as a condition of the right Rd., LO 5-3448; Houston, Mrs. Shirley Jay, 10306 Foreign rates on request. Single copies 25c; to work. If this bill passes, we shall be in Cliffwood Dr., PA 3-8682; Lubbock, Doris Blais- prices for ten or more for students, or bulk Texas this much closer to a closed society, dell, 2515 24th St.; Midland, Eva Dennis, 4306 orders, on request. and woe for independence, woe for liberty Douglas, OX 4-2825; Odessa, Enid Turner, 1706 Editorial and Business Offices: The Texas in our people. Glenwood, EM 6-2269; Rio Grande Valley, Mrs. Observer, 504 West 24th St., Austin 5, Texas. Jack Butler, 601 Houston, McAllen, MU 6-5675; Telephone GR 7-0746. 2 San Antonio, Mrs. Mae B. Tuggle, 531 Elm- Change of Address: Please give old and new The Texas Observer hurst, TA 6-3583; Tyler, Mrs. Erik Thomsen, address and allow three weeks. proved the repeal thought so, too. As Albert Pena, county commissioner °Union and the pot/ 5ax in San Antonio, wired Sen. Kennedy, "Tex= ans in the President's home state also de- sire political freedom." But the President That was, of course, a beautiful speech and the Congress is his publisher are mak- President Johnson made for Negroes' vot- ing a hard fight to end the poll tax for all continues to hide out behind advice of ing rights, an unusually beautiful speech, elections, and before 1966. Perhaps by the counsel, and the President's columnist, Wil- liam S. White, calls Sens. Kennedy, Javits, but within a few weeks the nation was in- time you have read this the battle will be formed that he did not want Congress to lost, for the President's people are climb- Case, and Hart "senators of limitless ob- abolish the poll tax for state and local ing all over the Hill fighting repeal. Sen. jectives," "a heretofore insatiable Senate elections in the four Southern states, in- Edward Kennedy and a powerful group of group of big-city Northern extreme liber- cluding Texas, that still impose it. His law- his colleagues, including Senator Ralph als," authors of this "Caesar-like proposal" yers, he said, told him it was unconstitu- Yarborough of Texas, were standing fast in the cause of "extremism." White's ven- tional. as we went to press. omous name-calling would not be so worri- some if he was not so close to the Presi- Johnson Opposes this repeal because he This group of senators want voting dent. intends to continue protecting_the conserv- rights protected, not only in the Goldwater ative John Connally-led big business power states and counties, but everywhere—in the When repeal goes down in the Senate, as structure that controls Texas. Without this President's Texas not any less than any- we suppose it will, but as it would not if poll tax we would have an open franchise where else. Sen. Kennedy has advanced ar- Johnson supported it, let there be cheers, next November on the many subjects, in- guments from impressive scholarly author- warm cheers, for those congressmen, in- cluding a four-year term for Connally, that ities that the repeal would be constitution- cluding our own, who made the fight, and are being set up for a public vote then, in- al; obviously a majority of the members of let that fight be continued every time it stead of 1966, when many more—but still the House and Senate committees that ap- needs to be. not half—of our citizens will vote. Con- ❑ nally does not want the poll tax abolished by 1966 because he intends to get elected for four years in 1966 and he does not

- want Negroes, Mexicans, and poor whites 54 e Jniere31 Raioingeol.7 to vote freely. If they could they might vote him out. This legislature may go into history as disqualify themselves from voting on meas- Johnson is playing this game with Con- the interest-raisingest legislature in Texas ures such as this." nally, as he plays many games with him, history. This legislature is about to give The people—those of them who care— but happily the members of the U.S. House the bankers and the savings and loan in- will just have to watch and see what hap- and Senate who do not subscribe to the stitutions 17% if all goes well according pens. Let them watch as closely as they theory that the President passes the laws to the wishes of the interests concerned. have the time to. This same legislature has written down ❑ an 18% interest limit on installment pur- chases. Isn't that wonderful? Only 18%. What, meanwhile, has happened to Reed 5allyrrtanclering Quilliam's bill to halve, roughly, the loan sharks' gravy-rates of 117 to 320%? Noth- The House congressional redistricting ing has happened, and with a great deal of bill zipped out of the Team's redistricting Penn Jones, editor of the Midlothian Mir- style. The bill is locked into a subcommit- committee last week, transparent as a ror and winner of the Elijah Lovejoy award tee under circumstances on which we shall country boy's leer, and in one day it swept for courage in journalism, editorializes: report next issue, and either despite or through the House, shaking off 18 amend- Fifteen years ago this editor was saying because of the fact that the House would ments. Among the big cities only Harris Texas soon would be a real democracy. probably pass it if it reached a floor vote, County got what it really wanted—three Ten years ago this editor was convinced locked in it will stay. congressmen, with the new district lines organized labor would put a stop to raids This group of members is taking care pleasing to liberal and conservative Demo- on the poor and make Texas live up to its of their bankers. That group is helping out crats, although not really to Republicans. heritage. their savings and loan people. These sena- The country conservatives kept all 23 dis- This editor was wrong. The Texas legis- tors and those representatives are seeing tricts within "six percent variance," that lature today is more brazen, more unsym- that the leading interstate lending firm, is is, within that percentage of the "one-man, pathetic than even the hey day of Allan not abused. That bunch is lined up with one-vote" population per district, but the Shivers. Labor has compromised. so many the loan sharks. And the consumers? Or- Team almost seemed to be making sport times that today labor leaders do not offer ganized labor almost alone raises the alarm of San Antonio and Fort Worth, so gro- even token resistance to many important against these leeches on the consumers. tesque were the taffy-candy districts they issues. One example is the four year term Well, there's Rep. Ben Lewis, the Dallas carved and stretched them into. If the Sen- for the governor. ate accepts the bill—which it won't with- Texas cannot even repeal [the] poll tax conservative. Here is what he said: The 17% bill passed by the Senate for the out some fighting—Tarrant and Dallas —remaining one of only four out of fifty counties will be parts of congressional dis- states with such a hangover from another banks will "make loan sharks out of small banks" throughout the state. "This [sched- tricts extending from the Oklahoma bor- generation. The Great Society preached by der to Houston. Bexar County, a liberal our President seems to have passed right ule of charges] works out to an interest rate of about 17.4%, but it is actually stronghold, will be stretched from Odessa by Texas. to Beeville. "We've been raped," said Rep. Texas is worse today than it was ten much higher when you consider insurance and other charges which may be added. Jake Johnson of Bexar matter of factly. years ago, and it promises to get even "They've run one end of my city to New worse before a change can be made. The This unreasonable rate applies to home improvement loans, auto loans, furniture Mexico and the other to Old Mexico." The school teachers are being denied a long country boys still have the most power in overdue pay raise, but the loan sharks are loans, and loans to farmers who want to buy tractors." the still old-fashioned Texas legislature to getting another and juicier bill than they juggle everything that will juggle in their got last year. Rep. Lewis also reminded the members own favor, and they're doing it. It's their Geographically, Texas is not in Appala- that they cannot vote on bills in which they last chance and this they know. The Sen- chia, but the governor helps stack higher have a financial interest. "It is common ate goes to work on legislative redistrict- interest rates and tax burdens on the poor knowledge," he said, "that many legisla- ing this week. and gets a four year term for his reward. tors have substantial interests in banks El and savings and loan companies and should May 14, 1965 3 (Continued From Page 1) cal and psychological functions." Each ex- gree or "five consecutive years of active tions is "very objectionable." Evans said aminer gets three months' training and at- investigative experience" (investigating asking an employee if anything in his per- tends periodic retraining sessions. DPS says what for whom is not specified), and be a sonal life might discredit his company "is that the reliability and accuracy of the "graduate" of a lie-test course approved diametrically opposed to everything we be- tests, "under acceptable conditions, have by the board and an "intern" in lie testing lieve in, in the American tradition." been found to be very high." It expects to for six months, or in the alternative a per- In 1963 the Houston regional office of use the machines even more in the future. son with 12 months' such internship. the National Labor Relations Board issued Texas A&M University's police training The board is required to give a license a complaint against the Lone Star Co., a school sponsors a "school for polygraph ex- to everyone who now gives polygraph tests. liquor wholesale firm in Houston, alleging aminers" every year at College Station. This is called "the grandfather clause" in that the firm used lie detector tests as a The institute lasts a week: One is in prog- the legislature because it covers grandfa- pretext for firing workers who had joined ress this week. thers, the only difficulty in this case being a union. The company attorney said the In 1962 the U.S. Department of Defense that few if any of the roughly 200 poly- charges were "untrue" and "ridiculous." had the Institute for Defense Analysis graph examiners in Texas started in his The union charged that the day after elev- study the lie detector, and the Institute's trade earlier than 1959. The bill's emer- en workers had signed a letter to the com- report concluded that after ten years of gency clause refers to "The fact that .. . pany identifying themselves as union mem- use and 200,000 tests, "the degree of its untrained and unqualified examiners cause bers, nine of them were declared "security validity is still not known." The report, great harm to the general public" at the risks" as the result of lie detector tests and which also said there was evidence that present time. fired. Late last year the NLRB ruled that persons could fool the machine, was Joe Lowe is president of the Texas the lie detector test results were not the promptly classified and was not made pub- Assn. of Polygraph Examiners, which he true reason for the firings and ordered the lic for two years9 while the Department of says has 80 members. "This is a profes- company to reinstate the fired men, with Defense continued to use the machines— sional organization," Lowe informed the full back pay.5 as it still does. House state affairs committee. "We are The Texas Civil Liberties Union, through The U.S. House Committee on Govern- sponsoring this bill in an effort to standard- its president, Rev. Brandoch Lovely of ment Operations, headed by Cong. John E. ize the profession, to regulate it, to estab- Austin, condemns the commercial use of Moss of California, has declared that lie lish minimum standards. Anyone with no the polygraph as an invasion of privacy. detectors are no such thing. The committee training whatsoever can hold himself out learned that in 1964 19 U.S. government as polygraph examiner." THE THEORY OF THE TEST agencies owned 512 polygraphs and gave Three questions pervaded this hearing: disturbances, is that lying causes internal 23,000 lie tests in one year. Said the Moss Why exempt the present givers of lie tests physiological reactions that a person can- committee last March: from the bill's standards? Are the results not control, and that these can be meas- "Research completed so far has failed of lie tests reliable? And, Should the state ured and correctly interpreted. If it is func- to prove that polygraph interrogation ac- permit private employers to give lie tests tioning properly the machine measures tually detects lies or determines guilt .or to their workers? three internal processes, breathing, blood innocence. . . . There is no `lie detector,' As for present givers of the tests, Lowe pressure, and sweating of the hands, but neither machine nor human. People have what the little squiggles on the graph pa- said, "We can't arbitrarily put them out been deceived by a myth that a metal box of business." Rep. James Klager, Corpus per mean, the machine does not say. Poly- in the hands of an investigator can detect graph operators assert that by establish- Christi, asked in effect why not if they truth or falsehood." ing a pattern of "normal" reactions to sim- don't meet minimum standards. Rep. Price ilar questions, they can tell when a person "There is proof that it is possible: to de- replied that he wouldn't object, but as .a lies. In some cases now, however, opera- feat the `lie-detection' process," the report practical matter it would keep the bill tors contend only that they can tell when said. High or low blood pressure, practi- from passing. Price agreed with Klager a person is telling the truth; that they don't cally any painful ailment, pronounced neu- that the grandfather clause was wrong, know when he's lying.6 roses, low intelligence, pathological lying, but he wanted it left in so the bill would Critics of the machine say that people emotional unresponsiveness, managed re- pass. When Lewis Berry, executive director can get stirred up inside for many reasons, sponsiveness as by muscle tension or con- of the Texas Sheriffs' Assn., who was only one of which is that they are lying. juring up exciting images in one's mind, testifying for the bill, was asked why the Dr. Shervert Frazier, the head of the psy- plain bodily movement, and even one's sex clause should be left in, he replied: chology department of Baylor University are listed by the committee as factors that "Merely a matter of principle, sir. Merely College of Medicine, says, "These devices can mislead a polygraph examiner. "The because in principle the legislature ought are being used as a specific for lying. They machine records physical responses which not to legislate a man out of business." actually reflect anxiety." The Houston po- may or may not be connected with any lice chief, Herman B. Short, does not be- emotional reaction—and that reaction may O N LIE TESTS' RELIABILITY lieve the machine is infallible and says its or may not be related to guilt or inno- or lack thereof, Klager asked Robert E. value depends altogether on the operator; cence," concluded the congressional re- Williams, director of personnel and train- its use is all right, he says, "so long as it's port.1° ing for Zale Jewelry Co. (testifying for the regarded as a scientific aid to crime detec- bill), if he was convinced that results of tion and a means to an end."7 SENATOR RALPH HALL of the polygraph tests are "an absolute Police officials all over the state send Rockwall decided that givers of lie tests criterion for defining truth." Williams re- suspects in criminal, felony cases to be ex- ought to be licensed in Texas, and his bill plied, "It is the best device that we have. amined on the eight polygraph machines doing this whipped through the Senate I don't believe a man could beat the poly- of the Texas Department of Public Safety. earlier this session. Rayford Price of graph. He might beat the examiner." In the Austin D.P.S. operation, the person Frankston picked up the legislation House- H. A. Albert is the director of the poly- taking the test can be watched secretly side, and the hearing was held last week. graph division of the Texas Department through a window that looks like a mirror The bill creates a licensing board of six of Public Safety. As such he is the highest to him. The department gives more than members named by the governor. Under its official state authority on these devices. 2,500 tests a year, each one, the depart- terms, all six members have to have been Rep. Randy Pendleton of Andrews told ment says, "related to a criminal case," "polygraph examiners" for the preceding Albert, "I'm concerned about the reliabili- and each one at the request of a law en- five years; two have to work for govern- ty of these tests." Albert said he had been forcement official. ment agencies, and another two have to examining people with the polygraph for DPS requirements for a polygraph ex- come from "the commercial field." One of twelve years, and "That's something I've aminer say he must be a "graduate of an the two government men has to be "the been concerned about"—the tests' "relia- accredited high school" and also "must supervisor of the polygraph section of the bility and accuracy." have a basic understanding of physiologi- Department of Public Safety." The board "Unfortunately," Albert said, "that's licenses polygraph examiners, requiring something we cannot determine with any 4 The Texas Observer that they be honest, either have a B.A. de- degree of accuracy there." If a person lies and they do not have enough evidence to prove he's lying, "so there we can't prove the accuracy of that particular test," One Youth's Stand Against 'Terror Albert said. "It'd be foolish to say a mis- take never is made. There are." San Antonio from the corporation that he passed But, said Albert, the tests are "so de- Father John A. Wagner, executive and could be employed he refused the signed" that if an error is made, "the secretary of the Bishop's Committee job on the grounds that he would not greatest margin of error" would be in the for the Spanish-Speaking and a col- work for a 'terror organization.' direction of "clearing an untruthful per- umnist in the Alamo Messenger, the "He maintained that his right to son." Catholic paper in San Antonio, wrote certain human prerogatives was more Albert went on to assert that the DPS in a column titled, "Ban the 'Lie' important than his making money for "gives conclusive opinions" in 95% of the Tests": a corporation. But then a person must test cases, and that in the other 5% "we "Recently, a young man, 19 years of eat too and the day is upon us when can't tell." This 5%, he said, includes age, came to see me inquiring what one will either have to submit his in- "alcoholics, winos, narcotics addicts, and could be done to prevent infringement ner thoughts for the record or else not the mentally deranged. Then there are a upon one's personal life by way of a work. . . . very few who are totally unemotional." lie detector test. Many corporations "Supposedly these lie detectors are Thus Albert's "95% conclusive" figure today do not hire a person unless he used to prevent people from stealing. appears to refer to persons the examiners first submits to a lie detector test and Let's face it. This is a very useful de- do not conclude are medically, physically, then usually submits to one every six vice. With it you can screen out poten- or mentally invalid subjects for the tests months during employment. tial union supporters. You can even to work on. When he started, he said, the screen out any ambitious persons who "inconclusive" percentage was 12 to 14%, "For a young man this lad had a lot might develop into a real successor to but now the instruments are "more sensi- of courage and spunk. He took the lie someone in low, middle, or top man- tive." detector test and after he found out agement positions." 0 Berry, the sheriffs' executive secretary, said rather heavily that "I support utilizing the polygraph machine strictly as an in- to work that they will take lie tests if Berry, for the sheriffs, thought it was vestigative tool. It does not take the place asked to. "If he will not sign it, then we OK for businesses to give employees the of skilled investigators." may or may not hire him, based on other tests. "They don't have to pay any more "Polygraph tests are not reliable," de- investigation," Williams said. Well, asked attention to the results of this test than clared Lyman Jones, public relations di- Traeger, suppose three applicants would they do to character references. They don't rector of Texas AFL-CIO, and "there is a and one wouldn't. "In all probability—as a have to do it," he said. great body of evidence" to this effect, he practical matter," the one who wouldn't Labor supported licensing polygraph ex- said. There is evidence that people who are would not be hired, Williams said. aminers, but, said Jones, "The results of a convinced they are right in what they do If something is stolen at a store, Traeger polygraph test should not be a condition or have certain other psychological char- asked, does "everyone from manager to of employment in Texas—either a condi- acteristics do not indicate abnormal reac- janitor" in a store have to take a test? tion of being hired in the first place or tions on the polygraph, "And there is evi- being continued in such a job. Increasingly, dence," he said, "that completely honest Yes, "absolutely," said Williams. He cited a case from Indianapolis, Indiana, where it is such a condition." Refusal to submit persons may, because of the psychological to a test should not be grounds for refusing and physical makeup, 'flunk' polygraph such a store-wide check cleared everybody. The test "is able to remove any question or continuing employment, but increas- tests. . . They flunk the innocent at least ingly, he said, it is. as often as they clear them; they pass the of integrity," he said. "A woman worker in an East Texas guilty at least as often as they find them Zales has hired people who won't take plant was told by her employer," Jones out." the test, Williams said. "This is volun- said, "that she must take a lie detector Price said "Nobody will tell you it's tary." Rep. A. C. Atwood, Edinburg, said test (because some pilfering of company 100% absolutely reliable, but it's the same that in light of the agreement an employee property had been taking place). She thing as psychology, which is not abso- has to sign, "It's getting prettx close to agreed and 'passed' the test. . . . A few lutely accurate," nor is medicine, he said, being forced voluntary." Well, said Wil- weeks later, she was again summoned by but licenses are given to psychiatrists and liams, if someone says he won't, "that tips her employer and told she must take an- physicians. "The whole point," Price said, us off, and our security investigator goes other test—this time to ' be questioned "is that this is a method and a process to work to find out why he won't." Pen- about what she knew, if anything, about used in our society that has great weight dleton wanted to know why—apart from the conduct of her fellow employees. She and influence behind it." having something to hide—people refuse to take the tests? "Every executive has to refused, as I would have and as I imagine many people here would. She was fired Z ALE JEWELRY'S personnel take the test as an example," Williams re- plied. "We just don't have anybody who because she would not submit to the sec- director, Williams, said Zale's has 409 feels put upon. It's a voluntary sort of ond test and has been held disqualified stores, 106 of them in Texas, and 1,800 for unemployment compensation—a deci- thing, but they're subject to it." employees in Texas. A short man, rocking sion which is now on its way to a district forward on his feet, he said smilingly, "Our Price, augmenting his witness' testi- court." merchandise is beautiful, desirable, and mony, said to the committee, "They're Hundreds of cases come to his attention, stealable, so we are much concerned that doing it now, so the question is whether Jones said, in which the polygraph is used some of our people have not stolen from we ought to have standards for doing it." for "the unwarranted invasion of personal somebody." Albert, the DPS polygraph director, said, rights." Five states have, in the course of Rep. Gene Hendryx of Alpine asked Wil- "One of the most basic requirements of a licensing operators, safeguarded the rights liams grimly whether Zale's requires em- good examiner is that he approach every of individuals by prohibiting employers ployees to take lie tests on questions about examination with a completely open mind. from making the refusal to take such a their fellow employees. "Some type of If he ever loses that position, he's no good; test a condition of hiring or continued em- situations . . . our examiner might con- he's going to hurt somebody. He's going ployment, he said. ceivably ask if he has knowledge . . ." to cause someone to get fired or go to jail." R. B. Rylander, who has five food stores, Williams replied. Hendryx asked if a per- If a commercial person wouldn't hire or said he's been using the tests about five son would be fired for refusing to answer fired a man because he wouldn't take the years. "We use it more or less as a preven- such a question, and Williams said no. test, "I would say he's derelict in his duty." tative measure," he said. "You put people Under questions from Rep. John Trae- Albert reasoned that in criminal cases you on notice we expect 'em to be honest. Psy- ger, Seguin, Williams admitted that Zale's do not assume a man is guilty until he is employees sign an agreement upon going proven guilty. May 14, 1965 5 chologically it works real well." He said a 1New York Times Magazine, Jan. 24, 1965. unless spending the legislators had agreed 2The American Federationist, Nov. 1964. 3The boy has stolen $100 worth of cigarettes Naked Society, by Vance Packard, David upon for state services was cut back. and they didn't fire him, but are letting McKay Co., Inc.. New York, 1964, pp. 56. 114. Beyond that, he reminded the reporters him work it out. "I do think it's a wonder- 4The American Federationist, op. cit. 5Houston that he had line-item vetoed $12 million Chronicle, May 19. 1963, and Nov. 20, 1964. 6See, ful thing to prevent dishonesty," he said. for instance the Dallas Morning News of May from last session's spending bill. He would Closing, sponsor Price said that a per- 8, 1964, in which Andrew L. Smith, vice-presi- fight for more spending for literacy educa- dent of Truth Verification, Inc., was quoted, tion, public school teachers' salaries, junior son who refused to take the test "as a mat- "Under the right conditions we can verify if a ter of fact might not get the job," but, person is telling the truth. But we can't de- colleges, technical education, and college "Frankly I think those are issues that are termine whether he's lying." 7Houston Chroni- salaries, he said in this context, his veto cle, Nov. 29, 1964. 8The New York Times Maga- in 1963. not involved in this." zine, Jan. 24, 1065. 9The New Ybrk Times, June The bill was expected to be approved by 18, 1964. loReport, Committee on Government One of the most revelatory moments Operations, U.S. House of Representatives, came when the governor was asked how the favorable House subcommittee to Government Printing Of f i c e, Washington, which State Affairs Chairman R. H. (Dick) March 22, 1965. See also, for details, Hearings he felt about the bill, passed by the Senate Cory of Victoria referred it. R.D. before a Sub-committee of this committee, four but not, at that point, by the House, to volumes, G.P.O., 1964. authorize him to appoint one out-of-state person to each governing board of Texas higher educational institutions. He thought it was excellent, he said. Asked for examples of the kind of people he would appoint from out-of-state, ("Dwight Eisen- The Governor's Mood hower?" asked somebody—but he did not go for that one,) Connally named, off the Austin the sales tax this session. "I'm unalterably top of his head: Governor Connally's thinking these days opposed to raising the sales tax over 2% Robert Anderson, Eisenhower's Secre- is a matter of unusual interest. He is rid- this session," he said. What about sales- tary of the Treasury and presently head of ing very high in Texas politics; although taxing groceries, which are now exempt? a presidential commission to select the site he is beset by severe criticism from teach- "I'm against that, too. Drugs, too. I'm op- for a new Atlantic-Pacific canal. ers, he has been getting what he wants out posed to drugs, groceries, or going above C. R. Smith, "who," the governor said, of the legislature, including four-year 2%." Presumably the clause, "this session," terms for governors effective with the 1966 "built the American Airlines—he's chair- was meant to apply to these three posi- man of the board of American Airlines." elections. The man he elevated from next tions. to nowhere in Texas politics to state Demo- Tex Thornton, chairman of the board of Furthermore, he indicated, he's probably Lytton Industries. cratic chairman, Marvin Watson of Lone opposed to the pending bill to exempt tele- Star Steel Co., is now one of the President's phone companies from the gross receipts Dell Brackett, "chairman of the Board closest advisers, and Connally continues taxes they pay and replacing the lost. of Humble Oil Co. and a graduate of Texas A&M." to have the President's ear; in effect the revenue by sales-taxing telephone bills. governor has won his point against the "What you're doing is, you're shifting the These four, he said, were "examples of $1.25 minimum wage in the Neighborhood taxes from the corporation, the producers, the type of individuals . . from which we Youth Corps, as Washington is granting and putting them on the telephone users," could draw." many exceptions to it. The governor's press he said, sounding quite like a liberal on the (Frank Erwin, vice-chairman of the Uni- conference last week was acutely interest- point. In what way, he was asked, was this versity of Texas board of regents and the ing, therefore, in several respects. different from what he approved two years governor's Democratic national committee- He was quite relaxed, amiable, and con- ago, sales-taxing work clothes while re- man from Texas, was in attendance at this fident; chatty with the reporters. He had ducing taxes on the sulphur companies? conference, taking notes, by the way.) no announcements and was open to ques- The reason for that, he said, was com- The four-year term for statewide of- tions, and as he said at one point, he was petitive changes in the sulphur industry: ficials came up. Did he have any thought just "free-wheeling it," avoiding chugholes "This was not a move to help any com- of taking advantage of it, himself? He (of which there were a number) without pany." grinned broadly. "I am extremely strong pausing, as a driver who is sure of himself. for a four-year term for statewide of- Very skillfully on a number of subjects he The governor apparently wanted to per- ficials," he said. "It has no application to conveyed what he wanted to convey with- suade the appropriations conferencees to me, really, it's not a personal feeling in out actually saying it. reduce the amount of spending they had that sense, but I am very strong for it." reportedly agreed on, yet he never said this He had changed his position since 1962, For instance, he did not say he would not was his purpose. He just said that he had call a special session—"I'm not saying that had he not? "Yes, I'd say I have," he said. heard rumors that appropriations as ap- "I think I would have changed anyway, categorically," he said—but he did stress proved at that point were "millions and that only he could call one and "The only but I think conditions have changed sub- millions" above available general revenue; stantially." When he first began running thing I know of that we have to do is pass that this general revenue had increased the appropriations bill. There are alterna- he thought the primary would be the end $200 million, about 50%, over that avail- of it, but he had to run eleven months, he tive means of re-districting." That left the able two years ago ; and that the spending teachers' pay raise unmistakably optional, said. He was terribly rushed planning the bill's being so large was therefore "incredi- inaugural and preparing the legislative as far as he is concerned; it meant he was ble" and "unbelievable to me." He thought, threatening to let the courts re-district if program from November to January, he if the conferees couldn't do better than recalled. Since then, he said, there have the legislature doesn't before adjournment that, the House-Senate conference com- this month. been "very substantial" changes in the mittee should be limited in the future to On the other hand, he said, if the legis- governor's office, namely, the new federal adjusting differences between the two programs requiring state planning, coordi- lature insists on spending too much, "we chambers and deprived of their present might well have to consider" reimposing nation, and administration. He spoke of power (they just write what they want, the poverty program, the higher education the franchise surtax on corporations that without being bound by the limits set by has expired or increasing the gas produc- facilities act, the elementary education the two houses). No, the governor said, he act, and "many others." tion tax "back up from seven to nine cents" was not recommending the legislature per thousand cubic feet. Was the governor "It is going to become increasingly dif- change its rules. Yet, was the idea in the ficult to administer the affairs of this advocating these new taxes on business? background. "I am not now recommending them. I am office," he said. If medicare passes it will not saying I will recommend them." affect the Kerr-Mills state program, and He was saying, though, that he does not T HUS THE GOVERNOR raised Congress is considering legislation on want substantial new moneys to come from the prospect of new business taxes and of pollution control and is deep into mental reducing the power of the Team in the health and retardation. Four-year terms 6 The Texas Observer legislature over the appropriations bill will be necessary "if you expect to have any intelligent direction of state affairs" In Shrimp, Fruit Work by the governor, he said. Why, he was asked, would more work for his staff interfere with his running for office every two years? He spoke of his House Nixes Women's Overtime spending "several hours a week" on the poverty program alone. "This state gov- Austin Texas law, Eckhardt contended, is gen- ernment is becoming extremely large, ex- Texas law requires the payment of time erally unfriendly to workers, but "Here we tremely complex." Pretty soon we may and a half for overtime to women when find one instance in which state law is have to have "annual, sessions of the legis- they work more than nine hours in a week more humane, more sensitive, and aids the lature as a permanent thing," he said. during which they work more than 40 little man. . . . Now it seems to me that The governor's comments on federal aid hours. Federal law provides a 14-week the legislature is mighty small if it enters to education could not be construed as exception for seasonal women workers; here and takes the slight advantage away anything but his acceptance of those pro- for instance, shrimp pickers and women from very poor people, women, who are grams; his approval of them. He spoke of workers in fruit packing sheds. In this working very hard. It would certainly be the elementary and secondary act of 1965 respect, then, Texas labor law is more shabby. . . ." liberal than federal labor law, and Rep. enabling expansion of the Texas Education Rep. Bill Rapp, Raymondville, said the Agency staff by one-third; he said that Menton Murray, Harlingen, wants to change the state law. women workers affected want the bill be- the $85 million the state gets under the cause "They're tickled to death to get this act will let us take "a good hard look" at Murray's bill to "bring Texas in line with fecleral law" by introducing the 14- work. They want this work." They get pre-college education and perhaps decide $1.25 an hour, more than they could make week overtime exception for women work- that many persons ought not get higher otherwise, he said. "The people want this degrees but rather to qualify for jobs. Did ers in Texas shrimp and fruit sheds is justified, Murray said, because "there are bill. It's not merely an employers bill," he he still think some of the federal money said. could be used for teachers' raises? "Oh, occasions when you need to work for long sure," he said quickly; not for across-the- periods of time to handle perishable pro- The House passed Murray's bill to final board raises, though, he said. Teachers ducts." "reading, 96-41. The same bill passed the could even be re-hired as counselors and Rep. Bob Eckhardt, Houston, said the House two years ago but died in the Senate. paid more; "You can't tell me you're women who work in the shrimp and fruit sheds have no overtime protection except Voting against it in the House this year were going -to pour $84 million a year into the Alaniz, Bass, Bernal, Birkner, Bonilla, Brooks, public schools and it's not gonna help under state law. "All you're doing is taking Cherry, Crain, Eckhardt, Fletcher, Gates, them," he said. But, he added—responding something away from 'em," he challenged Green, Guffey, Haring, Harris, Haynes, Isaacks, Murray. "The states all along the Gulf Johnson of Houston, Kilpatrick, Kothmann, to the charge of Sen. Ralph Yarborough Lack, Lee, Ligarde, Longoria, Mcllhany, Mark- that the federal aid is not designed to Coast have this," Murray said. "The state graf, Miller of Burkeville, Montoya, Muniz, of Texas doesn't have it, so the producers Nugent, Parker, Richardson, Roberts, Smith, relieve states and localities of their duties Stewart, Stroud, Vale, Weldon, Whitfield, Wil- —"This program is designed not to relieve in Texas do not have the advantages their son, and Woods. Not recorded pro or con were the state or local districts of any burdens. competitors have all along the Gulf coast." Berry, Caldwell, Canales, Carpenter, Clayton, "How about those people pickin' shrimp— Hallmark, Hinson, Johnson of San Antonio, It is designed to be used to upgrade educa- Mutscher, Sherman, Wayne, Wieting, and tion." you're giving them a little less than they Speaker Barnes. All other members voted to get," Eckhardt said. pass the bill. ❑

T ONE POINT a reporter asked Connally incredulously if it was true that the state's part of administering the war on poverty was going to cost $250,000 Connallius Caesar Takes the Stand more than originally planned. Yes, he said. Dallas Lady: This is a basic question in "Governor, do you think there's any danger The editor attended "Political Para- economics. If a boy in Texas makes a we'll bankrupt the state fighting poverty?" noia III," the political musical comedy dollar and 25 cents an hour and he another reporter asked. "No, I wouldn't staged by the North Dallas Democratic works two hours, how much does he say that. There are many facets of this Women, Saturday night in Dallas. make? poverty program that are excellent pro- Watch the Observer for a full report, Governor (After a long pause, dur- grams." That clearly implied some of its including "King Lyndon I," starring ing which he is thinking): He makes facets aren't: a third reporter asked which Lyndonius "This Land is My Land" too much. Certainly more than his ones those would be. The governor smiled Johnsonius, and "Caesar's- Circus," mother and father. A dollar and 25 and went on, as though the question hadn't starring Connallius Caesar, his court, cents would ruin the economy of the been asked. He had seen, he said, a story and a starving school teacher who state of Texas! that our state's per capita income is losing wanders by in rags, begging cup in Lady: Governor, the public school ground vis-a-vis that of other states and hand. teachers are grossly underpaid. What that this is because we have large Negro However, we cannot, because of its do you say about that? and Latin-American groups. Perhaps he topicality, defer recording "Jolly Governor: That depends on whether had seen a story in the Dallas News the John's Legislative Quiz," with which I'm running for office, or have already morning before reporting that per capita the Democratic ladies closed their skit been elected. personal income in Texas in 1964 was on "Caesar's Circus." Connallius Caes- Lady: What do you feel the length $2,175, which was $375 below the national ar takes the stand, and a voice off- of the governor's term should be? average and 33rd among the states. The stage questions him, to wit: Governor: As long as I am gover- News story said the low Texas income av- Lady: Governor, as President of the nor, oh, I'd say maybe ten or maybe erage can be attributed generally to the League of Women Questioners of the 15 years or so. large numbers of Negroes and Latin-Amer- State of Texas, I want to know the Lady: Our colleges are 45th in the icans "who have low pay scales." "What answers to a few questions. There are nation. What do you intend to do about we're going to do," Governor Connally told many poor families in Texas. How do it? you plan to alleviate this problem? Governor: Why, I think I can solve the reporters, "is give 'em education. Once Governor: The society ladies of Tex- the problem by appointing a super- they get that they're going to be in a posi- as do a marvelous job on holidays by board, maybe with a supersuper com- tion to become productive taxpaying citi- giving poor families baskets of grape- mittee to watch the superboard. zens of this state." That, said the governor, fruit and broken tricycles. . . . Lady: Thank you, governor. would be "a good investment." R.D. a speech he wrote for delivery in Kentucky that month, he said "Gentlemen, I, too am a Kentuckian." A hundred years later, another Ameri- Lincoln, Southerner can President was to make famous the phrase, "Ich bin ein Berliner," but his was This is the text of a speech made by Sen- ily, he continued to be surrounded by peo- an expression of the spirit while Lincoln's "I, too, am a Kentuckian," was an expres- ator Ralph Yarborough of Texas before , ple who were essentially Southerners, al- sion both of the spirit and of facts—facts the eighth national assembly of the United though the area was geographically in the of Lincoln's family, his ancestry, his his- States Civil War Centennial Commission North. Historians tell us that the disper- torical associations, his heritage. in Springfield, Illinois, on May 2, 1965. sion of Southerners and their mores and thought patterns into southern Indiana and 1ft "I stand corrected, young man, but you into Illinois from Springfield south to You here are the Lincoln scholars and know I am by birth. a Southerner." Shawneetown and Cairo was quite com- authors and students. You have helped So stated Abraham Lincoln in 1864 when mon. It was in these two areas that Lin- write the more than four thousand books he was conferring with a delegation from coln continued to be surrounded with hu- that have been written about Lincoln. I the North during his presidency. mans, culture, and mannerisms that were can tell you nothing of this giant on the This is not the only time that Abraham essentially Southern. pages of history that you don't already Lincoln was considered a Southerner; his In addition, Lincoln was captured by an know. How can I add anything? As Milton Secretary of State and a contemporary interest in rivers while just a lad, and his said of Shapespeare: journalist also viewed him as one. earliest contacts with the deep South were "Dear son of memory, great heir of When Lincoln's Secretary of State, Se- by two boat trips when he was 19 and 22, fame, ward, was conferring with two justices of floating to the port of New Orleans aboard "What needest thou such weak witness the Supreme Court, he stated in answer flatboats. of thy name?" to their request, "I wish I could do it. See Later in life all three of Lincoln's Spring- I come here, not to attempt to enlighten Montgomery Blair, see Mr. Bates, see Mr. field law partners, John Todd Stuart, Ste- you about history, but as a son of the Lincoln himself ; I wish you would: they phen T. Logan, and William H. Herndon, South to claim for us, our own. And my are all Southern men." were Kentucky men, all born in Kentucky. claim is based upon the history you know. George Aired Townsend, a contempo- Every girl and woman that legend claims Too long the South has rejected her ge- rary journalist of Lincoln's time who used that Lincoln loved was a Kentuckian, a nius son and grandson. Too long the old the pen name of "Gath," wrote: "Western Southerner. Lincoln married a Kentucky prejudices have barred him from her heart. and Northern-bred men ought not to for- belle, Mary Todd, of an aristocratic Ken- Too long the South has listened to civil get that Lincoln was of the South." tucky slave-holding family. Four of Mary wartime propaganda rather than to the Indeed, Abraham Lincoln was a man of Todd's brothers went south from Kentucky reasoned facts of peacetime. the South, and a Southerner he remained, to receive officers' commissions from Jef- in his pre-war attitudes, his party affili- The South has short-changed itself in ferson Davis and fought under the stars failing to claim its share of the credit for ations, his conduct as a President, and his and bars; two of them were killed in action views of the national goals—in all of these, this strange genius of the frontier, this and a third gravely wounded. truest American. traces of Lincoln the - Southerner can be Lincoln's cousins, the Hanks, were seen. In these centennial days of the sad fu- Southerners, Kentuckians out of Virginia. neral of a century ago, I proclaim the kin- Lincoln himself did not remember the It was Lincoln's Southern background farm of the Sinking Spring near Hodgen's ship and the friendship of the South for that enabled him to hold the border states Abraham Lincoln. Ere another century has Mill where he was born, but he did have in the Union. vivid memories of that other Kentucky passed, his place in the hearts of all South- At Cincinnati, Ohio, in February, 1861, erners will be as secure as in your own. home to which the Lincolns moved when Lincoln appealed to his fellow Kentuckians their son Abraham was two years old. And all of us will be helped by having him as being one of them, and in a fragment of there. He later wrote that his home was "on 0 Knob Creek, on the road from Bardstown, Kentucky, to Nashville, Tennessee, at a point three or three and a half miles south or southwest of Atherton's Ferry on the `The Weight of This. Elite' Rolling Fork." This Southern region was indelibly stamped on Lincoln's character, and throughout his successful, productive, A supervising committee of the .recent laborers to compete under deliberately but grief-stricken life, his Southern back- conference on poverty in the Southwest in favored conditions. ground was never rubbed off. But this Tucson (Obs. Feb. 5) has issued a post- Knob Creek home was on the main road conference statement, from which we take 4 from Louisville to Nashville, and here the these excerpts: The testifiers at the conference in Tucson young Lincoln saw the coffles of slaves revealed conflict, distrust, and intense competition between the relatively pre- being herded to the cotton fields of the In New Mexico an Indian lives on a res- pared "Anglos" on the one hand and the deep South. His instinctive humanitarian- ervation on less than $400 a year, speaking severely disadvantaged Indian, Negro, and ism must have repelled him from slavery little English, growing up in a culture that Spanish surnamed citizens on the other. at an early age. never developed concepts of competition, baffled by the white man's world of ag- This situation, aggravated by the wide- spread apathy of the responsible members Perhaps one of the reasons for Lincoln's gression and materialism. In Texas a Mexi- of the power structure toward the problem unmistakable Southern ties is that he was can American family of twelve subsists on always within the company of and influ- a diet consisting principally of beans and of poverty, seems to us to portend serious social disorders in the future unless exten- enced by Southerners. corn, trying to maintain a marginal exist- sive social reforms occur. Here, in a five- To begin with, Abraham Lincoln's great- ence on the fringe of an affluent but hostile grandfather, "Virginia John" Lincoln, his society. state population of 30 million, are over grandfather, Abraham Lincoln, and his fa- eight million living on annual family in- ther, Thomas Lincoln, were all Virginians; We were told of the poverty of hope for comes of less than $3000. Possibly only in addition, his grandfather and his father the white "Anglo" migrant farm worker the ethnic insularities and mutual distrusts lived in Kentucky for a period of time. who, systematically and deliberately ex- of the minority groups have so far pre- Furthermore, when LinMn moved to ploited by the big agricultural growers, vented the coalescence of thought and ac- Indiana, and later to Illinois, with his fam- ekes out a family existence on $1100 a tion necessary to force social reform. year. He tries vainly to understand why a Apparently a Southwestern power elite 8 The Texas Observer nation permits—in fact invites—foreign of mining, oil, cattle, real estate, and agri- cultural interests tends to sweep social extent of contemplating some kind of spe- V The Johnson-Yarborough stalemate on problems under the rug. Testimony indi- cific joint Mexico-U.S. aid to northern the vacancies on the Fifth Circuit cates that the weight of this elite is ar- Mexico and establishing a minimum wage Court of Appeals in New Orleans (Yarbor- rayed against the economic and political to the Mexican citizens' service here. ough is pushing L.N.D. Wells of Dallas; a weakness of minority groups and of the 4 second vacancy opened up April 3 when a poor generally. The press, with certain ex- We urge that public welfare agencies, judge on the court died) and on the post ceptions, reflects the views of the elite and instead of wasting dollars trying to ferret of U.S.D.A. for Northern Texas is now..• reinforces its dominance. The press also out chiselers, apply that energy and more attracting national attention. The Wall exhibits a persistent suspicion of social to rehabilitating the poor and reducing Street Journal said "Johnson wrestles with causes and the people involved in them, their dependency. The federal government Tex. Sen. Yarborough over patronage" and thus promoting a regional antagonism to must insure that the will of Congress is "resists" the idea of Wells. "Johnson even coordinated family assistance, suspicion of honored, particularly in Texas and Arizona. read Yarborough the Constitution's section private philanthropy for social causes, and specifying that the President makes ap- resistance to public planning. It proclaims We call upon the Southwestern agricul- pointments; with the Senate simply advis- that social planning properly resides in the tural states, notably California, Arizona, ing and consenting," the Journal reported. private sector, but it supports only minor and Texas, to bring farm workers under Fort Worth D.A. Doug Crouch is now endeavors by private agencies. the protective canopy of state labor laws. among possibilities for the U.S.D.A. post. These should include minimum wage laws, 4 V The item here last issue quot- National attention to this region is ob- laws securing workers in their rights to ing Yarborough criticizing Labor Sec- viously overdue. First, the openness of our organize, laws against discrimination, and retary Willard Wirtz on bracero policy was the like. international border must be reviewed. wrong. That was Sen. John Tower speak- Steps must be taken to regulate and reduce 4 ing, not Yarborough. . . . Wirtz has an- the flow of "border commuters." . . . Perhaps most important of all, we plead nounced a new federal scheme to put high [P] overty in the Southwest cannot be for a new regional attitude toward social school boys to work on farms and ranches, separated from poverty in Mexico while programming, not only for, but subject to including in Texas, to replace the Mexican the international border remains no more the ideas of the less fortunate. Perhaps a braceros at whatever wages the boys and than an inconvenience to commuters. The privately funded regional entity should be their supervisors work out with each farm- problem is international in scope and should created to give voice to the impoverished. er and rancher. be approached internationally, even to the V Sen. Tower, facing re-election next year, said in Austin he has no objec- tion to the four-year term for statewide officials. He called on Connally but the governor was out. Meanwhile, the Texas GOP's other lead horse in Texas for '66 if Political Intelligence he runs, George Bush, told U.T. Young Republicans in Austin that right-wing ex- tremists should leave the GOP and "the rights of accused persons, according to the air's going to be a lot cleaner." Tower and Murphy Moves Up Dallas Times-Herald. Carr was quoted tell- Bush both support Johnson all-out on Viet V Charles S. Murphy, as undersecretary ing the 19th annual police awards din- Nam. Bush favors voting rights for Ne- of agriculture, accepted much of the ner, "Since this nation has become more groes; Tower does, too, but opposes the responsibility for the appointment of Billie concerned with the right of hoodlums, the Johnson voting rights bill in Congress and Sol Estes to the Cotton Advisory Commit- - police officer has almost had to become a has introduced a milder one of his own. tee when the Department of Agriculture lawyer if he is to carry out the duties we . . . The new Republican national commit- was investigating Estes for his dubious expect of him." teewoman from Texas, Mrs. J. C. Man Jr. of Wichita Falls, the pretty wife of an oil- practices. President Johnson has appointed V The Dallas federal center was axed by Murphy administrator of the Federal Avi- man, was co-chairman of the Texas Draft a key House subcommittee, probably Goldwater Committee in 1963 and was an ation Agency, calling him a "judicious and killing it this year, and blood-curdling able man who has served in government area coordinator for Goldwater during the howls filled the Dallas press. "We're furi 1964 campaign. - for 21 years." ous!" said the Times-Herald's editorial; V Conservative columnist John Cham- the News, speaking of "our federal cen- Money In Politics berlain says that 20 of the 23 Texas ter," wanted more explanation. Many Texas congressmen are committed against labor's congressmen lined up against the one re- V A $100-a-year club has been formed much-wanted repeal of Section 14-B of sponsible, Cong. Albert Thomas of Hous- to keep Cong. Earle Cabell in Congress Taft-Hartley (all but Brooks, Thomas, and ton, whose position was that Dallas doesn't by helping pay for his newsletters, bring- Gonzalez) and that without at least some need a new federal center when a new one ing him home for more reports to his dis- of the 20, repeal can't pass. is going in 35 miles away at Fort Worth. tricts, and costs of such reports, presum- V Americans for Democratic Action is Thomas admitted his cutting out of a start- ably on TV. The members include James fighting the . confirmation of Carl er-appropriation for a new VA hospital in Aston, Cliff Cassidy, Jim Choate, Mike Mc- Bagge, conservative Republican, to the San Antonio was based on a misunder- Kool, W. W. Overton, Jr., Troy Post, and Federal Power Cmsn. on grounds that he is standing and will restore it. But (left hand, John Stemmons, president of the Dallas a segregationist and opposed an integrated right hand) the VA hospital at McKinney housing subdivision. Bagge denied he had is still scheduled for closing. done this, and a swearing match is in prog- Next Step: 1970 ress. V Sen. Ralph Yarborough took the occa- V Texans in Congress are harmonious sion of the President's sending troops "Texas' Connally plans his future behind Johnson's Viet Nam and Do- to the Dominican Republic to plug again far ahead. Politicians suspect the gov- minican Republic policies, except that for his Cold War GI Bill. Yarborough ar- ernor aims to run in 1966 for a four- Cong. Gonzalez, San Antonio, was fear- gues that such dangerous service there, year term: Texans vote this fall on his ful that the $700 million Viet Nam appro- in Viet Nam, and elsewhere entitles serv- proposal to shift from a two-year term. priation might be construed as a validation icemen to veterans' education benefits. Next step: Connally would shoot, for of an undeclared war. Johnson is not supporting the bill. . . . Yar- the Senate in 1970, challenging liberal c borough attended the North Dallas Demo- Sen. Yarborough in the Democratic The Rights of Hoodlums' cratic Women's "Political Paranoia III" in primary." V Atty. Gen. Waggoner Carr, in another Dallas and laughed heartily throughout it, —The Wall Street Journal, May 7. speech against crime, took a stand including through the skit "King Lyndon against the trend in the protection of the I." May 14, 1965 Citizens Council, the ruling power group The Republicans, said Hendryx, were hour, too, and later in the afternoon spoke in Dallas. . . . About 50 business leaders guilty of "simple minded, simple sounding, on personal privilege. The Republicans, he met in Dallas, and about 100 met in Hous- catchphrase political quackery," and "the said; had been "maligned and ridiculed." ton, to support the Business-Industry Politi- Republicans have chosen to walk the path- Green said he was a life-long Democrat, cal Action Cmte. (BIPAC) to elect conserv- ways of political sin. . . . They can . . . go but "In all of my life I have resented it ative congressmen. Meanwhile, "TEXPAC" to political hell. . . ." when an entrenched political order would —the doctors' PAC—held a meeting in San Cahoon did not reply; he just took the jump on a lonely underdog. I do not believe Antonio, closed out reporters, and present- 18 votes he got for his plan (compared to it is in good taste to jeer and hoot the sym- ed awards, to whom they did not say. 124 against it) and sat down. In the after- bol of almost half the people of Texas on The current Progressive has an article noon, though, apparently having thought some occasions." searing the President's favorite lobby- things over during the lunch hour, Cahoon Green thought "it does no honor to our ist, Dale Miller, for his role in pushing the told the Observer, "You know, Hendryx party" to accuse "our sole opponent here Trinity River Authority appropriation to saying how stupid Republicans are . . . of political sin. We are not without it. Let make the Trinity a canals to the Gulf. Mil- George Bush got 47.9% of the vote in his him who is without political sin cast the ler lobbies for-the Dallas Chamber of Com- district. I'm just worried about there being first speech." Green concluded that "Frank merce and for the Intracoastal Canal Assn., that much stupidity out there. I think we Cahoon belongs to the Republican Party of which he's a vice-president. ought to look into Sul Ross College" (which and he is a gentleman." g, Cong. Walter Rogers, Pampa, proposes is in Alpine). The House broke into applause that one "a good dose of no publicity and a When Cahoon repeated this point on the thought at first might be derisive. But no, night or two in the county jail" for demon- back microphone—"Do you realize that it continued; continued for a good while, strators on civil rights and peace. Mr. Hendryx called 47.9% of his people perhaps just this side of a minute, and V Texas medical spokesmen, like those in his district stupid this morning?"— many members were standing and facing across the nation, are filling the pa- someone approached Hendryx' desk and Cahoon's desk. Hendryx was applauding, pers with condemnations of medicare, and the words issued from that locality, "They too; but he was not standing. Cahoon went the Texas Medical Assn.'s House of Dele- are stupid." Hendryx laughed and nodded over and shook with Green; then Cahoon gates last week in San Antonio said it is vigorously in the affirmative. went over and shook with Hendryx; but "ethical, proper, and desirable" for doc- Rep. Howard Green, Fort Worth, had Green did not go shake with Hendryx, and tors to resist "third-party" interference been doing some thinking over the luneh Hendryx did not go shake with Green. fl with the doctor-patient relationship. V The Texas Manufacturers' Assn.'s "Col- lege Town Hall" discussions of free enterprise at state colleges were addressed An Activist's Letter to Yarborough this month at East Texas State College by four business executives and at Tarleton Austin "failure to be aware of our own existence State College by a physician and three busi- Copies of a twelve-page letter to Sen. as an indigenous liberal movement," the ness executives, including a vice president Ralph Yarborough urging him to run for letter-writer says this movement now of the Continental National Bank in Fort governor in 1966, a letter written from needs a governor more than it needs a Worth. Austin by a liberal activist and a former senator in order to win control of the Here and there: The Dallas CORE member of Sen. Yarborough's Washington state Democratic Party and to "reclaim chapter is becoming more and more office staff, is being circulated among Texas state government and the Texas active. . . . Rep. George Richardson of Fort about 22 Texas liberal and labor leaders Democratic Party from the hands of the Worth says he's going to run for the Sen- by its writer. corporations." ate if Tarrant has an extra senator in 1966. The writer, who sent the Observer a The idea of Yarborough's running for . . . The President's $1,000 club members copy with an injunction not to use his governor in 1966 became part of the from three states will be addressed by Hu- name, bitterly recounts to Yarborough, in rumor flow during the House struggle bert Humphrey in Dallas May 17. . . . The the letter's first six pages, the way House over the subject of four-year governor's Tulia Herald reprinted the Observer's edi- members voted and spoke on the issue terms. Yarborough of course is now attain- torial, "Stand Aside for Politics." of a four-year term for governor, a change ing more and more seniority in the U.S. to which Sen. Yarborough is opposed. The Senate and is having increasing effects A Clash of Note legislature has called for a public vote on on national legislation. v Rep. Frank Cahoon, Midland, sole Re- this change next November. The activist also tells Sen. Yarborough in effect that YOU GENTLEMEN WHO PLAY publican in the legislature, proposed, AT PAPER AND RENOWN pro forma, the Republicans' congressional labor did not oppose the four-year term because President Johnson has a blackjack You gentlemen who play at paper and resdistricting bill. Under it, the GOP would renown have had a pretty good shot at both Dallas over labor on the question of repealing Taft-Hartley's Section 14-B. And lean, lorn ladies gaming at the graces, seats and others from Houston, the Mid- What lies behind the fiction of your faces land-Odessa district, north San Antonio, "Failure of nerve during those critical years from 1958 to 1960 prevented us from And what consoles you underneath your and perhaps the Tyler-Longview district frown? in East Texas. Cahoon did not say much; blocking Lyndon's rise to power when it he did say Midland and Odessa, sister-cities, could have been blocked," the letter-writer So long a time you herd yourselves in town ought be kept together. They are both Re- says. "The liberal movement of Texas is Cheating the other with filched kings and publican, and the House bill splits them in terrible shape. . . . It is most unrealistic aces, up, Odessa going into El Paso's district, to prescribe the political equivalents of The day you have to play the deuce at Midland into one with northwest Bexar aspirin and band-aids for a movement places County and intervening counties. which is bleeding to death on the floor, Where travelers stop and show their last Rep. Gene Hendryx of Alpine took the has its head directly under the heavy boot card down, occasion of Cahoon's offering this politi- of the sworn enemy, and is also suffering What will you do, my famous friends, cally hopeless proposal to assail the Re- from malignant cancer. . . . Lyndon can say where publicans. "This whole redistricting has- pass 20 medicare bills, repeal 14-B 40 Discover comfort when the roof is falling? times, invite Walter Reuther and Hubert sle was brought about by a Republican- The door will swing unlocked by board filed lawsuit in the first place," Hendryx Humphrey to swim downstream in the Pedernales all night — and he is still and chair said. Electing GOP congressmen was the Where rests a company of bodies sprawling. Republican's "only interest," he said; their destroying the liberal movement of Texas." Speaking then of his belief that the The glutton grass will grow upon the stair bill was. "apparently drawn by the light of And gossip birds on pleasant days come the moon when they circled the wagon." Texas liberal movement is not "cashing in" on the gains being made by liberals calling. 10 The Texas Observer nationally and criticizing Texas liberals' Arlington —thomas sutherland Higher Education in Texas auetican civil fibetties "Union "What is done unto anyone, may be done Reappraisals at Tech unto everyone." —John Lilbourne, upon his being said in a letter to the Toreador, "One banished by Parliament in 1652 Eight years ago, the board of directors for printing unlicensed books of Texas Tech in Lubbock fired three highly recommended [faculty] candidate professors for apparently political reasons. recently refused an offer of a position in "The American Civil Liberties Union The American Association of University sociology explicitly because of the censure. [is a] useful and thoroughly patriotic or- Professors placed the board on its censured In previous years candidates in sociology ganization. . . . To equate patriotism with list. This spring, spurred to self-inquiry by and in other disciplines have mentioned conformity, orthodoxy, and name-calling former Tech professor David Welborn's in- the censure as a reason for not coming to is dangerous nonsense; and this cannot be dictment of recent conditions at Tech in Tech." pointed out too often." the Observer in January, the college paper —The New York Times there; the Daily Toreador, has inquired APPARENTLY Tech's failure to "During the 43 years of its existence the into the effect of the censure on Tech and provide any compensation to the three American Civil Liberties Union has played why it has not yet been lifted (a subject fired professors has been one main im- a significant role in defending our basic pediment to the lifting of the censure. Dr. democratic freedoms. Your voice has al- also involved in last issue's item, "A Ques- ways been raised clearly and sharply when tion of What Was Said"). Goodwin was quoted that a definite effort our liberties have been threatened. Amer- W. Eugene Smith, a reporter on the is being made to have the censure lifted. ica is a stronger nation for your uncom- In an editorial, the Toreador's editor, Aron- promising efforts." Toreador, reported: —John F. Kennedy "For the last eight years, Texas Tech son Havard, said, "Tech is not demonstrat- has been a 'black sheep' in the American ing good faith by pursuing negotiations History is unaffected by silent concern. college family, because of the censure. . . . with the AAUP." Ralph M. Durham, head of the Tech The ACLU leader to contact in your part 'You go to a professional meeting some- of the state is: where and you feel sort of like an illegiti- department of animal husbandry, said in AMARILLO, William R. Nichols, 104 No. Ala- mate child,' said one government profes- another letter to the Toreador that Dr. bama St., DR 3-4807. sor. . . . Blaisdell had said that he did not think *AUSTIN, Walter Dunkelberg, President, Cen- "Dr. L. L. Blaisdell, who was president the college should be taken off the censured tral Texas chapter, 2523 Winsted Lane, GR 7-1808. of the local AAUP chapter last year, said list. "A major stumbling block is our own CORPUS CHRISTI, Rev. Walter C. Jolly, 5901 . . . many teachers . . . listen closely to AAUP. I believe the college has done pretty Idlewood, TE 5-9971. well in the area of academic protection. A *DALLAS, Fred Weldon, President, Greater the AAUP opinions and wouldn't consider Dallas chapter, 1601 National Bankers Life a position at a censured school. Several tenure policy was established and at least Bldg., RI 1-4656. men new to Tech said they all considered one case has been tried before the spe- EL PASO, Richard T. Marshall, Southwest cial committee set up according to tenure National Bank Bldg., 533-6919. the censure, but came on to Tech for vari- *FT. WORTH, Dr. Irving Rapfogel, President, ous other reasons. rules," Durham said. ". . . I think it is Greater Ft. Worth chapter, 4205 Hilldring "Martin Kornbluth, an instructor in the time . . . to discontinue mourning over Drive, East, WA 4-8356. eight-year-old issues, even 'though they GALVESTON, Andrew Z. Baker, 5102 Broad- English department, came here from way St. Monmouth College (New Jersey). 'Many may have been regrettable ones." *HOUSTON, Mrs. Clark P. Read, President, of my friends said I was nuts to go to a Hugh W. Stephens of the government Greater Houston chapter, 1819 Dunstan, JA 2-4783. censured school,' he said. . . . department, the AAUP secretary at Tech, .*SAN ANTONIO, Rev. William DeWolfe, Presi- " 'It places the teacher in a position of rejoined: "Dr. Durham is entirely wrong in dent, San Antonio chapter, 7210 Northwest stating that the local chapter is a stumbl- Expressway, DI 4-4695. taking a calculated risk,' said Dr. Robert WACO, Jerry D. Frazee, 3418 Shelby, PL 4-8195. Lawrence of government. 'I came here ing block to removal of censure. . . . [He] *—Official chapters. from Kansas, but I haven't bought a house. ignored the fact that the board of directors It is not enough to care. Join now. It makes the young teacher feel that he is under censure because it arbitrarily dis- needs a job in his pocket, just in case.' .. . missed three members of the faculty in "Dr. Wilkes Berry said the censure ap- 1957. The board will rightly remain under TEXAS CIVIL LIBERTIES UNION, pared 'a little ominous' when he considered censure until compensation is made to the 308 West 11th St., Suite 205, Austin, Tech, but other factors overshadowed it. victims. The board's failure to take Tex., GR 6-8090. Dr. R. C. Goodwin [president of Tech] remedial action indicates that academic The ACLU needs and welcomes the said he has received reports that some freedom, despite the tenure policy, is still support of all those—and only those— people had turned down positions here far secure on this campus. . . . Whose devotion to civil liberties is not because of the censure. . . . 'I'm confident "Dr. Durham . . . is in effect asking his qualified by adherence to Communist, that many qualified people never consider fellow faculty-members to forget unre- Fascist, KKK, • or other totalitarian Tech because of it,' said Blaisdell. 'And quited injustices done to their colleagues. doctrine. then there's the situation where we are Such attitudes only encourage further Here is my $ membership con- competing with other schools for a person's depredations upon a faculty already weak- tribution to the work of the ACLU, services, and they decide against Tech ened by continuing departures and numer- fifty cents of which is for a one-year because of the censure. In some cases, it ous refusals from able prospects. . . . This subscription to Civil Liberties. has forced Tech to accept less than the school has an odious reputation brought Participating . $100 Sustaining ....$ 25 upon it by the board • . ." Cooperating .. $ 50 Supporting $10 best.' Contributing $6 "One government teacher said he knew Durham retorted by letter that Stephens of a man who was being considered as came to Tech in 1963, and "One wonders NAME why . . . with his attitude such as it is." head of his department but withdrew his. ADDRESS name because of the censure." Durham advocated compromise and said Smith quoted the chairmen of the history often harm "cannot be undone." CITY STATE and English departments and the dean of "Since the summary dismissal cases of the graduate school that they had never 1957," Earl Gilmore, an associate professor Occupation had any recruiting difficulties they could of math, wrote in to the student paper, Eternal Vigilance is the Price of Liberty! attribute to the censure. "we have seen two of our colleagues ef- Roy T. Bowles, an assistant professor, fectively 'fined,' without any hearing what- (Adv.) soever, in the amount of several thousand past, present, or future in matters related mundane restrictions or lay interference. dollars for airing their views in a public to academic freedom." Just as one cannot teach democracy in a discussion. Nor does this exhaust the concentration camp, so one cannot ,pursue list. . . . It can easily be understood why T HUS HAS TEXAS TECH truth fettered by handcuffs and leg irons. any member of the academic profession labored through a spring of re-examination While the beautiful concept "Ye shall know would be hesitant . . . to vouch for the laced with some rancor, but also with plain the truth and the truth shall make you integrity of the administration or of boards speaking. free" is unchallengeable, it has to be pre- dicated on the fact that, unless you are a mystic, only under freedom can you know the truth. It is true that the University must have support, material and political, from the Colleges and Democracy society in which it functions; and the Uni- versity must not seek to determine directly Dr. George I. Sanchez, the distinguished the course of that society in its pursuit of University of Texas belong?" Unhesitant- defensible goals—though members of the University of Texas educator, delivered a ly he answered, "To the world of scholar- paper on campus late in April that bears University, as individuals, as citizens, have ship." The University belongs to the world the right to question and refute openly the on a prevailing confusion between de- of scholarship, to those who search for mocracy and higher education that has defensibility of those goals and the proce- truth at the highest levels of intelligence; dures associated with them. The role of the never confused him, as it should not any and who, then, promulgate truth to their believer in the free pursuit of truth. We University, and of the scholars who form younger colleagues; the students who, too, it, is not social or political. It is an intellec- take brief excerpts from his paper with are seeking truth. This promulgation is a his permission.—Ed. tual role, though their teachings may have give and take affair; for the mature schol- profound effects on socio-political goals ar learns from his junior, also. This is one Years ago, someone asked the distin- and processes. This is not to say that the of the reasons why I refer to both as "col- University is asocial or apolitical, but it is guished scholar, my esteemed friend Pro- leagues." fessor Frederick Eby, "To whom does the to say that the social and political role of This search for truth must operate in a the University must be intimately linked 12 The Texas Observer climate of freedom,• untrampled by crass with the quest for truth. On the other hand, the society, the political structure, In Texas is not authorized to meddle in the affairs of the world of scholarship, except to pro- tect, applaud, and encourage that world in after a day's fishing its pursuit of truth under freedom. [After an extended analysis of the his- beer's the one... tory of colleges and of their special devel- opment in Latin-America, Dr. Sanchez re- for good taste, turned to "our own University (and by that I do not mean the University of Texas, good fun but the composite of U.S. American uni- versities).."] Is is now not uncommon for state legis- latures to debate whether this or that course should be taught, to say what de- gree programs should be and how many, or to entrust these decisions to equally non-professional boards or commissions. Then we have lay boards of trustees decid- ing as to what academic standards incipient scholars should have before entering the University. It is like letting me tell my physician which of my students should or should not have an appendectomy, and who should perform it! It is very distressing to 7'1.`--/ me, not only because of the affront to aca- demic freedom and to civic freedom, but also because of the affront to the pursuit of truth when a professor is dismissed be- cause the supposed "trustees" do not like Wherever you fish for sport—on the his politics. Or when merited promotions, ocean, by the booming surf, or on some in salary or rank, are not granted because some "trustee" or someone highly placed quiet country pond, it's great at the end in the political structure says, "Well, he of the day to head for a rewarding glass of beer. is a very fine scholar, but ..." Who should While you're talking over the ones that got away, judge scholars and scholarship? Scholars, of course. Is the legislature composed of or pan-frying the ones that didn't, you enjoy the scholars? Are the boards of trustees? hearty taste and cool refreshment only a glass of One of the most amusing arguments in beer can give you so well. Yes, whatever your connection with current legislative pro- posals here at home [Dr. Sanchez wrote sport—bowling or strolling, golfing or gardening this paper late in February, although he —a frosty glass of beer makes a naturally delivered it later] is that active educators should be excluded from the highest higher great accompaniment. education board, because they have some UNITED STATES BREWERS ASSOCIATION, INC. sort of bias—a vested interest, so to speak. 905 International Life Bldg., Austin 1, Texas In almost the same breath it is argued that the board should see to it that the colleges pay due attention to those fields of knowl- cal nonsense in my life. same: the pursuit of knowledge is ham- edge that would further the economic The invasion of university autonomy pered, is violated. I object to both forms of progress of the State of Texas! I learned takes violent forms in Latin-America. The violation, for the University belongs to the English as a second language, the hard invasion is almost completely non-violent, world of scholarship—not to the politicians, way—that is, the good way. I've never or the reaction to it is non-violent, in the not to the rabble, not to the extremists, heard such linguistic, logical, or semanti- American University. The end result is the not to the economic vested interests. fl

Where the West Began

Austin belonged to the Southeast and were In Central Texas the traditions of the E. Mott Davis foreign to the simple hunters of the Ed- American South and West are, to lift a wards Plateau. phrase from an old Congressional Record, to work out the details of the prehistory To make this story complete we will "inextricably intertwingled," and it is no before the evidence is flooded by the huge need to go farther back into prehistory, surprise that the national press wonders reservoir, while on the other hand the fifteen hundred years ago or more, to the how much Lyndon Johnson is to be con- week-end "pot-hunters" are .trying to root time when agriculture and village life had sidered a Southerner and how much a out as many old relics as possible for their not yet appeared in East Texas and the Westerner. The journalistic musings on the collections. Thanks to the work of the first people were living by hunting and gather- regional affinities of the President bring of these zealot groups (and no thanks to ing, just as the Central Texans were. One to mind several essays in the Observer the second), we know that the prehistoric might theorize that under such primitive some years ago, essays growing, it was inhabitants of the Roy Bean country were conditions life would be pretty much the said, from discussions over beer at Scholz like the people in Central Texas in many same everywhere and the distinction Garten in Austin. The question attacked ways. The generally placid course of his- between South and West would be insignifi- was, Where does the South end in Texas? tory along this part of the Rio Grande, cant; but the evidence is otherwise. Even Where does the West begin? If a line is to the way of life, the adoption of the bow in that distant time, so the styles of arti- be drawn, where do you draw it? In similar and arrow, the styles of the projectile facts show, the East Texans were Southern- vein it has occurred to me that these social points—the whole situation is reminiscent ers to the core. Their customs, unlike those explorations lacked a significant dimen- of what one finds on the Edwards Plateau. of Central Texas, were part of the wider sion, the long view of prehistory gained There are also hints of further resem- traditions of what is now the southeastern from the work of the archeologists who are blances, westward, into Chihuahua, into United States. ferreting into Texas' dim past. New Mexico, and beyond. Thus in a gen- eral way the cultural affinities of Central Where did the West begin in the days THE PREHISTORIC BORDER long ago? Some information is at hand. Texas in the olden times were primarily westward. between South and West lay somewhere If we look at Central Texas first, matters between the Neches and the Colorado, a are pretty prosaic from the journalistic countryside that is still largely unexplored point of view: no pyramids, no jewel- VV HAT THEN of the prehistoric by the archeologist. Here the forests of the studded stone lions, no mysterious inscrip- South? We turn to East Texas, an area Southeast gave way to the prairies, and tions. There are only the traces of simple that today falls in the western marches of the traditions of East and West met and, hunting folk, moving on their yearly the Deep South. Five hundred years ago mingled, ideas and styles moving from one rounds from camping place to camping and farther back than that, the East Tex- to the other. Artifacts made of Central place in the Edwards Plateau country, ans were mound-building farmers living Texas flint crop up occasionally in East hunting and fishing and gathering wild in villages. Traces of their sturdy thatched Texas archeological sites, and pieces of plant foods. Apparently life didn't change cottages are still there underneath the sod East Texas pottery can be found now and much over the generations. Styles of flint of the piney woods and the fields, to be then as far west as the neighborhoods of projectile points did fluctuate, fortunately found by anyone with the requisite skill Waco and Belton. Relic hunters in the for the archeologist, to whom such change- and experience. Their well made and often intermediate region have in their collec- able fashions are the indicators of Who beautifully designed pottery, placed care- tions artifacts of styles pointing both east and When. A major innovation appeared fully in the graves of the dead, is now and west. For thousands of years, so it less than two thousand years ago when gradually stocking the rumpus rooms and seems, the South ended and the West began the bow and arrow came into use; before overflowing into the garages of the pot- in a zone that included the middle and that they were using spears and javelins. hunting hobbyists, whose collecting zeal lower drainages of the Trinity and the But aside from taking up rare technological seems to intensify with the years. In con- Brazos. break-throughs, the Central Texans of yore trast, archeologists have been able to do Those who have argued over beer at were a conservative lot; what was good systematic work in East Texas only oc- Scholz Garten as to what is Southern and enough for great-granddad seems to have casionally, but the research is far enough what is Western should pause, then, to pay been good enough for great-great-grand- along to show that the Indian farmers of tribute to the timelessness of their subject. son. the piney woods could have felt no kinship They are discussing a feature of the Texas When you look around more widely, the between themselves and their benighted scene that goes back many thousands of prehistory of Central Texas ties in most contemporaries of the Edwards Plateau years. many miles to the west. The prehistoric closely with that of the dry country farther May 14, 1965 13 west. A race is currently going on in the division echoes that of today. The piney

1INOOMIN.1■ .1111 nearest area where there has been much woods farmers, like their modern succes- 10 •••1■0■00111111.1.1■111■111■00/■•■•=1.1.111.11•=0011111.0•1 research, along the Rio Grande around the sors in East Texas, were the westernmost THE IDLER mouth of the Pecos, where the Amistad representatives of a way of life typical of the whole southeastern part of North THE IDLER is a liberal monthly that's j Dam and Reservoir are now a-building. On fun to read. Entertaining, informal, and the one hand the archeologists are trying America. Similar peoples could be found informative. Send $1 for two sample back- in those days from the Neches to the At- issues or $6 for a year's subscription. E. Mott Davis is lecturer and research lantic, from the Tennessee to the Gulf. In THE IDLER 125 5th St. NE I archeologist in the department of anthrop- livelihood, in architecture, in their entire Washington 2, D.C. ology at the University of Texas. elaborate way of life the East Texans IIMI.1.1•1.1 ■1.11.110.4 ■0■0.1•1111.111 ■11111.1■Ul■0■11.11■0■1•0■11.1/ ■•••■ or fifteen points. "There! That's a dime." "That is a dime." Mr. Toomey will say. "Well, I'll take the nickel," Mr. Steller DOMINOES will say gently, joining the six/ace to the already-played six, and then catching his partner's smile from across the table, will Jean Hall wink. "There are refreshments, and then the Austin independent people over 65, most of whom two men must leave, rather early, because At first Mr. Steller and Mr. Toomey both have been coming here for several years to Mrs. Wilson's children will be coming home lived at the Confederate Home for Men, but play "forty-two" or bridge. The men from from school. She drives them down sixth then Mr. Steller was moved to the State the Confederate Home have not been street, back toward the Confederate Home, Hospital, though there is nothing the coming here long and don't feel as com- first ; then the hospital. matter with him. pletely at home yet.- But if Mrs. Wilson, "There's the old U-Totem, still in busi- "I haven't taken any medicine for a the volunteer who brings them, can find ness, I see," says Mr. Steller. year—not even vitamins," he says with a a parking place and go in with them, and "Yep, it sure is!" Mr. Toomey grins modest smile. But they are closing down if an elderly lady named Emily is there, broadly for no particular reason. part of the Confederate Home, and several then these four people sit down happily "I used to go all over this town years of the men were moved. "I didn't know at a card table for dominoes, and let the ago when I was in selling . . . I wish you what a good deal Dr. Nidd was working rest of the world go by. Mrs. Wilson is a could come out to the hospital and see my for us, though. At the hospital, I have a housewife in her late thirties. When she place there . . . Dr. Nidd is sure a won- room of my own, with a chest of drawers had begun to play at this table, she had derful doctor. He told me, 'I wrote to your that has a mirror. And the ward is never done it to be kind, but she discovered very boy, and told him you can go home any locked." He shakes his head in disbelief. quickly that she was with three people she time.' " He has a surprising, gentle voice, husky greatly enjoyed and admired. Now she - "Where does your son live?" Mrs. Wil- and musical. His face is young for his contrives, if she can, to get the four of son asks. years and he has a quizzical smile, useful for them settled at the table before any of "In Dallas." She wonders what it would new or unknown situations. He usually them can be hailed into another game be like for him. What would he do? What forming up in the room. wears a soft, brown, felt hat and a dark would he be, in Dallas, in his daughter-in- grey suit with a chalk stripe. law's house? She glances across the front THE FOURTH PERSON, the "My boy came to see me last month, and seat and sees his soft hat tilted jauntily, elderly lady, Emily, was introduced to the his uncertain smile. he said the next time he comes, he'll take others as Emily by some condescending me back with him." "Does your son have a family?" younger person, but though she is very old, "Oh, yes!" "That so?" Mr. Toomey is a plump man very frail-looking and elegant, it seems with very red cheeks and squinty eyes, a "I got three grandchildren!" Mr. Toomey right to call her Emily—as you would call breaks in proudly. drawling, gravelly voice and bumbling a woman of the English aristocracy by her manner. On Tuesday afternoons they go to first name. (If she were the wife of a mere the Methodist church to play dominoes, knight, she would be Lady Ashley, or what- ONE THURSDAY, when people and on Thursdays they go to the Episcopal ever. But if she were the wife of a lord, were just gathering at the Senior Citizens church. At the Episcopal church, at the she would be Lady Emily.) And so it seems Club, Mrs. Wilson met Emily coming across Senior Citizens Club, there are 30 to 40 riqht that Mr. Toomey, when he comes in 1 he parking lot in her royal blue dress, on people from all over town, remarkably with a happy smile, should stretch out his the arm of a dumpling-shaped, middle-aged 14 The Texas Observer great, round, stubby-fingered hand ("Hi. woman. The church was in the throes of Emily!") and take her slender, mottled some construction work and had moved the one. Senior Citizens into another building. The EUR OPE At the table there is no talk but the parish offices had moved, too, and in the An unregimented trip stressing individual cheery phrases that go with the game. Mr. confusion of that week, no one had had freedom. Low cost yet covers all the usual Toomey keeps his eyes on the dominoes, the time or inclination to clear away some plus places other tours miss. Unless the standard tour is a "must" for you, discover steadily; and Emily must concentrate on small, fallen branches, twigs, and leaves this unique tour before you go to Europe. the blurry dots as she sees them through that partially blocked the path into the EUROPE SUMMER TOURS her bi-focals. Senior Citizens' rooms. The dumpling wom- 255 Sequoia, Dept. 3—Pasadena, California "Is that a deuce down there?" Her voice an was concerned about this. is the high, sometimes cracking voice of "I'll be glad to pay for someone to re- age, and a bit querulous at times at the move this," she said. Then, seeing that the recalcitrance of material objects. She will younger woman was willing to escort SUBSCRIBE mutter to herself softly while it is her Emily the rest of the way, she turned back turn, and Mr. Toomey, her partner, will toward her car. "I'll pick you up at 4:00 OR RENEW offer encouraging advice. But she doesn't o'clock, Mama," she said solicitously. And need it, for when she finds in her hand the Emily laughed her soft, old-ladies' laugh, THE TEXAS OBSERVER domino she wants, she usually makes ten deprecating her feet for being unsteady, 504 West 24th Street ._...... , and her eyes for failing her. Austin 5, Texas 7 Enclosed is $5.00 for a one- I Via Trita, Via Tuta year subscription to the Observer MARTIN ELFANT for: —IF you just gotta be tuta. Sun Life of Canada Name (We've NEVER had it so Address often.) 1001 Century Building City, State Houston, Texas 0 This is a renewal. I Tiger Tucker--Houston CA 4-0686 0 This is a new subscription. JAckson 4-2211

NINIMO■111M0■ 11.1■04111 NIMMOMIIIINO■00111.1101111.0•11•11..■..11M.■.•■ "God curse your father, 0 Englishman." "I wish you the same, old man . . . and which of your mother's 999 admirers was your father?" Love That First Amendment Up free (and profane) speech! You're a horse's ass! And you're another! Lyman Jones Salaam. On the other hand, language study may not be necessary. I overheard my wife admonishing one of Austin I walked with a British soldier through her children the other day. By God and Gineral Jackson, the Re- Port Said in early 1945. As we passed a "Shut," she said, "your E-flat mouth." public is safe! Liberty strides the land and sidewalk stall, there was a rapid exchange When I laughed, she turned on me. I forgive you, federal government, your between my Arabic-speaking companion "And you—kindly step to hell." taste for architectural horror, almost I and the stall's proprietor: Love that First Amendment. forgive you your corruption of the lovely English tongue, from "compartmentaliza- tion" to "finalization." My euphoria results from a decision of the National Labor Relations Board ap- proving a recommendation of one of its Fullingim on Politics, 1966 field examiners—an anonymous Horatio holding a bridge against Yahoos, practicers of comstockery, and witch burners. Horatio examines in Illinois. Recently Editor Archer Fullingim lets go with us down. He wants the now bankrupt an employee of the Thor Power Tool Co., Both Barrels in the Kountze News: school districts in Texas—and all are in Aurora, Ill., complained he had been fired that shape—to buy textbooks and pay for having called the plant superintendent Why does the governor want a four- most of salaries for teachers. Well, let's a "horse's ass" after a grievance meeting. year term now when he didn't four years show John Connally next November that This employee was the grievance commit- ago? Remember when he ran against Price he can't get by with it. It is well known tee chairman of his machinists union local. Daniel and he said over and over that that Connally wants to make local school Said Horatio (and the NLRB as it upheld Price had been governor too long and districts pay most of what the state is his order restoring the worker to his job) : that if he were elected he would see to it now paying. that no governor could serve more than " . • • it cannot be uncommon for em- four years. That's how good a promise of Typical of Connally's grab for power ployees in conversing with one another on John Connally is. was the way he vetoed the medical school union matters to express uncomplimentary for Texas Tech at Lubbock. Let us look at views concerning their employer's behavior. Oh between now and the time we vote the medical school situation in Texas for "And the phrase 'horse's ass' is surely on the amendments to the Constitution, not unknown in such context." we are going to hear and read a billion a moment. Way back in 1880, the state

Did Paine speak plainer? Brann? Bierce? dollars' worth of propaganda paid for by May 14, 1965 15 Franklin Jones? the Texas lobbyists for the Big Money Campaign Cards dr. Placards dt Bumperstri. Even to savor possible extensions of this and the Big Rich who cooked up the four- Ea. Brochures 51 Flyers g: Letterheads & Et precedent is heady wine. May we expect year idea. But let us make up our minds elopes dz.- Vertical Posters & Buttons di Rib judgments approving the calling of Bull right now to vote against that amend- ons & Bad g es dz. Process Color Work & A Connor by a Quaint Anglo-Saxon Exple- ment that would give Connally power to Work & Forms & Newspapers & Political tive? Will we win the right to cuss col- destroy the public school system as we rioting & Books & Silk Screen Work & Ma, lectively—or is it the collective cuss—the know it today, power to keep his foot on Car Signs & Novelties & Picture whole House Un-American Activities Com- the necks of the old folks, power to oper- a ate the universities for the sole benefit tit mittee as a bunch of Unprintable (as yet) tii Epithets? And the Texas targets suitable of big business and radical right wing FUTURA PRESS INC. conservatives, power to veto more medical on for plain and fancy verbal blistering! 'Even rs schools for the state, power to take water Hickory 2-8682 Hickory 2-2426 now there squats under the Capitol's red S from East Texas streams and channel it 1714 SOUTH CONGRESS AVENUE dome a 181-headed monster. of by canal to South Texas and West Texas. The scholarly among us may wish to iz P.O. BOX 3485 • AUSTIN, TEXAS Oh Connally has beautiful plans for the begin the study of Arabic, the better to future fbr Big Money and his rich friends IF s & Silk Screen Work & Political Printing spice and c@lor curses. Arabic surpasses who finance his campaigns, but he is not English in its flight of profane imagery. Tovelties iz Mimeograph Supplies & Conven for us poor white trash. He wants to keep on Bad e .. • , MEETINGS z ' THE THURSDAY CLUB of Dallas meets each SPLIT RAIL INN Thursday noon for lunch (cafeteria style) at Since 1866 the Downtown YMCA, 605 No. Ervay St., Dallas. Good discussion. You're welcome. In- formal, no dues. 217 South Lamar The Place in Austin MONDAY LUNCHEON CLUB meets on 3rd floor, McFarlin Auditorium, S.M.U., Dallas, Austin each Monday at 12:00 noon. Join us if you are GOOD FOOD in town. WORK PARTIES every Sunday afternoon in Austin, 2:00 p.m., Texas Society to Abolish Where Union GOOD BEER Capital Punishment, 3014 Washington Square. ITEMS for this feature cost, for the first entry, 1607 San Jacinto 7c a word, and for each subsequent entry, 5c a word. We must receive them one week before Men Meet GE 7-4171 the date of the issue in which they are to be published. had one medical school, the one at Galves- V.63g32288St3838n3 GOD ton, and the population of the state was around one million people. Well in 1965, Pitch trapped prehistoria the state still has only one state medical did react with no finer poise. school and our population has grown to My barrel fingered paws, ten million. That is why Texas is woefully Picasso foreshortened in a show window's short on doctors, that is why all doctors gaga .14 rebellion, did Modiglianify on contact. will tell you they are worked to death, SUNDAY NIGHT that is why house calls have been largely Her circumscribement, the form's catatonic abandoned, why if you get real sick you Night wrapped in an old army blanket block; have got to go to a hospital for treatment. In the backseat of a '55 Ford chocolate, a cinnamon skin What Texas needs is not just one medical In the parking lot of a dance. sprung to my touch. school, but six. We ought to have one at A boy staggers by and says What dumb God made hands of Texas Tech, one at Lamar Tech, one at HOW ARE YOU? persimmons? Houston University, one at San Antonio, A girl giggles somewhere. Her skin's cringings a confusion, and one at Fort Worth, and anybody in The sharp pop of a beer bottle being busted I asked, his right mind knows that. If we needed under somebody's tire. and she answered, a medical college in 1880 we need ten now. "Have you ever asked your mother But John Connally's super education board, SUMMER AFTERNOON why you've one brother near white composed not of educators but of Big and another named Midnight?" Money and the Big Rich who contributed A deserted rock schoolhouse to his campaign, is not going to take care On a country road Have you ever thought, I ask, of the educational and medical needs of the The windows all broken out. that contrary to common teachings, population. . . . A single once-white seesaw bumps against we're named, too? I don't know who is going to run against the ground Wake-up, Whitey! John Connally this next time, but there is Driven by the wind t. rivers a state representative from Grand Saline, Again Austin name of Hollowell or something like that, And again. who has been telling Connally off to his face and he has been citing chapter and WEST TEXAS AFTERNOON NNIN verse of Connally's promises of four years ago about how he was not in favor of four- I walked alone year terms for anyone, let alone governor. In lone grey hills Dialogue Maybe this man Hollowell will run. Maybe Sprinkled with bluegreen bushes Dori Yarborough will run. But we desper- But no grass. ately need a man to beat John Connally's I came upon old adobe foundations plans for the people of Texas. This time, And rusty ration cans marked The Ranch: An Ending we would have the teachers with us. Every U.S. ARMY. You oughta be horsewhipped for run- one of them, for what he wants to do to I heard the quietness ning such a tremendous piece of writing the teachers shouldn't happen to a dog, and And then the far away scream of a train as Elroy Bode's 'The Ranch: An Ending" a yaller dog at that. at some crossing (Obs. April 16). Here after all these years Speaking of Don Yarborough. Why don't And I saw a rising wall of dust far to the I had safely stored a raft of such recollec- he get on the ball over in Houston and south tions 'way back in my subconscious—of tell us what we want to hear. We need a Where a pickup raced similar days and similar grandparents back leader now as never before. We have got hell for leather in Hill Country—and then Elroy's litera- to send John Connally back to Sid Richard- Over a dirt road. ture opens the floodgates and all the poig- son in 1966. El ROXY GORDON nant memories are unleashed again. 16 The Texas Observer-- Austin I don't know Elroy from Adam—I ain't concerned with his politics or his philoso- phies—but on such subjects as "The THE POET AT TWELVE Ranch" I believe he was There. I was- AND TWENTY-FIVE briefly—and painful as it was, I admired Though what is needed now I haven't got, his You-Can't-Go-Home piece. There was a time when I could improvise. Thomas E. Turner, 1216 Austin Ave., In place of store-bought games Waco, Tex. I'd drag out my midnight eyes, This Is An Asian Civil War see the moon was up, and take off cross the cotton patch. In the face of almost world-wide op- That Sooner dog would get right in position to our illegal bombings against after a jack, while all I'd catch North Viet Nam, the minority leader of the Senate maintains that for the United was the dirt down inside States to withdraw from Southeast Asian my tennis shoes. But then somehow, battle- zones would be an insufferable blow through a polecat or two, to our prestige. We cannot allow a small we'd come to where the plow nation to dictate to us. In other words, had stopped, the grave began. he is saying, our precious prestige, the It came so natural in those days image of conquering hero we should pre- I just paid it no mind at all. sent to the world, is vastly more important Without a thought for where its blaze than the lives of servicemen, the mirror of whose youth is being shattered daily might blow, I'd build the fire into countless fragments. In a world of from deadwood piled by a barbed wire modern armaments almost any peace treaty fence, is better than a retaliatory action of ruth- its coyote skins tied fast. less devastation. This is an Asian civil Now that's gone, what's the use in sense? war. Our territory is not being threatened. DAVE OLIPHANT We should keep out of Viet Nam. Austin Lucia Trent, Austin, Tex.