The one great ride We will serve ow group or party but of composition is to will hew hard to the speak the truth. truth as we find it and the right as we —Thoreau ‘01•1r Trxas Milorrurr see it. An Independent Liberal Weekly Newspaper

Vol. 48 TEXAS, MARCH 19, 1957 10c per copy No. 46 Heat is on Smith, Saunders, Others • • • f + • ICT Financial Links Found AUSTIN ten $300 checks from August 17, about the Saunders-Cage trans- The Insurance Company 1954, to June 8, 1955, followed by action were developed. First, of Texas, which grew to a five $500 checks from July 8 to Saunders listed the income for multi-million dollar opera- Nov. 14, 1955. There was also a tax purposes simply as straight tion in which thousands of $600 check on Oct. 5. income rather than showing it as Texans lost money, was born Looking quite puzzled, Saun- a business profit and taking ad- illegally and kept alive by fi- ders told the committee he vantage of exemptions for his nancial manipulations a n d guessed Cage had just "overpaid" I original investment of $1,000 and possibly by favors to key of- him for the property. He later' the $1,500 payments on his note. ficials and employees of the said under questioning by Rep. His tax statement for 1954 showed Insurance Commission, it is James Cotten, Weatherford, that $3,600 of the money as a "legal now indicated. he would "repay': the money to retainer," and in 1955 $3400 was BenJack Cage, towering, per- ICT and that this was the first shown as "law services." suasive president of the insurance time he had been aware it had Pointing up this fact, Wilson empire, entered into an oil roy- occurred, if it actually did. declared: "In other words, you alty transaction in which ICT Several other significant facts (Continued on Page 4) paid Insurance Commission mem- ber J. Byron Saunders $7,000 in monthly payments of $300 and $500. Schwartz Asked Ruling Cage also made a deal to pay Insurance Commission Chairman Garland A. (Chink) Sin i t h's young son-in-law, Max Wayne on Race Bills; Rejected Rychlik, with whom Smith is AUSTIN for the bills themselves, for it now in private business, a salary indicated some of Speaker Wag- THE COX CASE of $700 a month on a job that in- People were heard pro goner Carr's followers are not volved no work. and con on the segregation under pressure from him In addition, ICT payments of bills last Wednesday night, to re- sist them. Dies Hunts 'Radicals', $75 monthly for "retainers" for and the fascinating argu- accountants were made to two ments were, to be repeated Schwartz was seen moving examiners for the Insurance Com- and varied again Monday from committee member to com- Ralph Hunts Ibn Saud mission, R. R. Butler and L. W. and Wednesday nights' of mittee member early in the five- Blanchard. this week. The Observer in a hour hearing. Toward midnight AUSTIN them money" in the election, Both Saunder and Smith ap- special feature on page eight he rose, told the committee he said he is against federal aid to A new committee, "Tex- peared before the special House capitulates the tense debates didn't want to vote for any un- education and backed crippling ans for Dies," is circulating investigating committe probing the 21-member state affairs constitutional legislation, a n d amendments to the Brownell civil large mailing lists saying ICT affairs and denied that the committee heard from church asked that "one member" pro- rights bill, and called for state- Congressman-at-Large Mar- business transactions had any men, Young Democrats, rep- pose a ruling be sought from ments of views by the other can- tin Dies's post "will be elim- connection with or bearing on resentatives, and lawyers. Wilson. didates. inated when the state is re- their duties or decisions as in- Members of the committee did "If a member of the committee Ralph Yarborough was en- districted shortly" and charg- surance commissioners. not respond to the private, and will stick his neck out .... I have ing dorsed by the El Paso Herald- Saunders, under questioning by then the public pleas of Rep. talked to individual members of "It is a realistic fact that all Post. He visited Cactus Jack Atty. General Will Wilson, testi- Babe Schwartz, Galveston, that your committee and I have found the Socialists, Radical Liberals, Garner, former vice president, in fied he had simply needed cash, the bills be referred to Atty, Gen. no member of the committee who Marxists and Internationalists Uvalde, and an aide said Garner so he sold some oil properties he Will Wilson for a ruling on their has been willing to make the re- will be organized under the di- advised him: "Win, son." Forma- owned in Wood County to Cage, constitutionality. This boded well quest," Schwartz said. "It's the rection of paid professional prop- tion of "Texas Women for Yar- who was acting for the ICT Dis- only decent right thing to do for agandists and trained political borough" was announced with count Corporation. He produced a the legislature of which you are campaigners to liquidate Martin Mrs. R. D. Randolph of Houston, contract agreement dated Jan. 11, a member." Dies." Democratic national committee- 1954, in which he agreed to con- Stevenson Firm Told "Would you appreciate an opin- Hugh Prather, Jr., is state co- woman from Texas, the chairman. vey his small but valuable equity ion on the bill's constitutional- ordinator of the committee. It Fate Is in the Balance Yarborough plugged an in- in nine asphalt-grade oil wells to ity?" Schwartz asked Rep. Alonzo states in another piece of litera- crease in' personal income tax ICT for $6000, with the company AUSTIN Jamison. Jamison indicated as- ture Dies is for cutting taxes, the exemptions from $600 to $800 a to let the royalties of approxi- Former Govern or Coke sent. "Would you make a motion national debt, and foreign aid, is person and continued his criti- mately $100 a month from the Stevenson's firm, Physicians to that effect?" Schwartz asked. against federal aid to education cism of $200 million U.S. aid to property's production. apply to Life and Accident of Dallas, After a moment Jamison said: and the "so-called civil rights King Ibn Saud of Saudi Arabia. pay off a $4000 bank lien. now stands charged by the "I'll make the motion—I'll move bill," and signed the Southern "If King Ibn Saud ... can pick The former commissioner said state to prove why it should that be done when it's proper to Manifesto condemning school in- up $200 .million of American tax- he had originally paid $6,500 for stay in business. do it, Mr. Chairman." (The chair- tegration. payers' money in two weeks, the property, paying $1,000 down Most explosive allegation man is Rep. W. S. Heatly, Padu- Dies himself warned of "Nor- then the American taxpayer and executing a note at a Tyler against the company is that it cah.) ought to be entitled to a little bank for $5,500 with an arrange- sold stock to individuals for Rep. Bob Mullen, Alice, who, $251,000 and let the money be Yarborough Said Strong $200 additional credit for a whole ment for royalty payments to be like Schwartz; is not on. the com- year," he said. "I believe that paid to the bank to retire the retained by certain corporate mittee, backed him up in his re- In the Brush Country drouth-stricken Americans are note. He said he sold the proper- directors; that these directors quest for a constitutionality rul- entitled to at least as much con- ties, which he had been told were transferred their personally ing. "I feel that they probably AUSTIN sideration as this slave-trading worth over their anticipated owned stock to the buyers in- won't be constitutional," Mullen The Observer has received sur- kingdom." production years about $15,000 to stead of the company stock. said. prising reports that Ralph Yar- Thad Hutcheson, the GOP Sen- $20,000 to ICT for "approximately •The Insurance Commission At 12:47 in the morning, the borough, who has never been ate candidate, led a radio station $10,000," that was, $6,000 and the says the capital of the stock testimony finally ceased, but very strong in South Texas, will KLIF poll in. Dallas-Fort Worth, remainder of the note of around legal reserve life insurance Jamison didn't make the motion. carry a substantial portion of the 25 percent to 23 for Dies, 21 for $4,000. company is impaired by more Heatly observed: brush country this election. Yarborough, and 19 for Searcy Saunders disclosed he made than 50 percent and the firm "They (the segregation bill The Webb County machine has Bracewell. He hit Dies for failing the deal with Cage about the sec- does not have minimum capi- sponsors) and the administration not taken a stand on the election to vote on the Middle East reso- ond time he ever met him. The tal required by law. had a very definite understand- yet, and we have learned from lution, calling it "ducking" an $6,000 cash was, he said, to be Stevenson retained control ing, we have had definite coop- Laredo that Webb County Inde- issue. He told a Negro audience paid at the rate of $300 monthly of the company at a stock- eration. We owe it to them (not pendent Club leaders consulting in Houston he is a moderate on from Jan., 1954, through June, holders' meeting but admitted to delay). If anyone care to make with Governor Daniel in Austin segregation and believes in "grad- 1955; then the payment was to the future looked dim. the motion—if not, let 'em pro- have not been able to elicit from ualism, humanitarianism, educa- increase to $500 monthly until The Insurance Commission ceed." him an expression of preference tion, good will," and as much the remainder of the $6000 was also issued an order to Legal Schwartz looked at Jamison. among the candidates. local control as possible. paid. Security Life of Dallas to Jamison shook his head nega- Yarborough sentiment is grow- Hutcheson released a letter Wilson, with polite but firm make an additional appraisal tively. Heatly sent the bills to ing throughout t h e counties from President Eisenhower say- examination, produced 17 ICT of its assets, and the Senate subcommittees that are sure to around Webb, and an endorse- ing that "both for Texas and for checks to Saunders totaling $7,000 insurance committee is inves- return them approved. ment by the Martins of Webb the advancement of the general —a full $1,000 over the stated sale tigating five firms besides ICT For another 15 minutes Jami- would cinch the area for Yarbor- principles o f government in price. The checks varied from a Insurance Co. son, Schwartz, and others stood ough if it developed. (Continued on Page 5) $900 payment on April 16, 1954, to around talking it over.

Let those flatter who fear, it is not an American art. 'Now, This Won't Hurt a Bit' —JEFFERSON

Contraot It fell to the ministers and the In one evening, Chapman, a pro- Young Democrats of the state to vincial satellite of Joe McCarthy, speak up for the law of the land the accused by name two patriotic lib- other night at the first House hear- eral organizations of being on the ing on the segregation bills. The Attorney General's subversive list, East Texas group called on speak- although they are not and have not ers to threaten that the "bedrooms been ; "wondered" if a Negro who of white America" will be forced testified had studied "in Moscow," open by school integration and, in when in fact. he had studied in Eng- the noisome figure used by Rep. Joe land on a U.S.-sponsored Fulbright Chapman, that enforcement of the fellowship; and, with Rep. Reagan decision would be "simmering ev- Huffman of Marshall, a partner in er'body down to a slow brown this shameful proceeding, accused gravy." In contrast, the speakers the NAACP of being communist- against the bills invoked the dig- infiltrated with absolutely no evi- nity of man, the law of the land, the dence to that effect. Christian .doctrine of brotherhood, .But worst of all this small band and progress toward full rights for of East Texans wants to coerce the all students with the deliberate House to vote for a series of bills speed the Supreine Court . requires. which are avowedly intended—ad- We were happy that so many mittedly intended—to preserve seg- clergymen rose and were ocunted regation in defiance of the law of when their counsel mattered most. the land but which lean for their We were happy that the Young constitutionality on assertions on Democrats of the state had the their face that they are not meant courage to face the inevitable in- to maintain segregation. They ask sults of racist • cross-examination. the members to vote for legislation We were amazed that not one mem- they admit was conceived in hypoc- ber of Speaker Carr's state affairs risy. committee would ask for a ruling \Ve do not at this point see much on the constitutionality of the legis- hope that enough of the members lation pending. Apparently Carr is will refuse to be intimidated to keep 1/401141t supporting the racists behind the the bills from crossing the aisle to Bartlett Appears Exclusively in the Texas Observer .scenes. the Senate. TWO LAWS, PLEASE eneral AUSTIN . A law should be passed requiring Now we know that Garland every state official to make public The obstinate refusal of the of the game after the game had Smith and Byron Saunders were disclosure to the Secretary of State Rouse to grant low-paid state em- started. tied to BenJack Cage by not-so- of any financial transaction be- ployees a raise on salary up to $2,- We tried, but we were not able fragile strings when they were in- tween him . or his immediate rela- 400 can be explained only by fear to join in the teary House outburst surance commissioners. tives or associates and any individ ual or firm he is charged to regu- of a tax bill. The argument went —climaxed by a $59,000-a-year tax It's all . so curious, like the dig -- late under severe penalties of law. like this : If you give the poor devils remission—on behalf of the Movie- ging up of proof of ancient skul- a raise, it will use up the small sur- houses of the Silent Turnstiles. \Ve duggery in some long-lost kitchen A NOTHER law should plus available for teachers, but the went to see War and Peace, and we midden. Politics changes eras so be passed defining- the difference teachers have to have a raise, and did not conclude, from the prices swiftly, the current revelations have between a legal fee and a bribe. that will mean a tax bill—specifi- they were charging, that DeMille, little political meaning-, except that 'Without prejudging- the guilt or cally, a tax on natural gas. In moral Zanuck, et al, are yet redticed to innocence of Rep. James Cox, it re- Allan Shivers doesn't look like a mains true that had Cox been begging for customers with such in- a effect, therefore, the House decided very strong write-in candidate for lawyer instead of an insurance it would rather let 15,000 or so low- ducements as "popular" prices. Fur- the U.S. Senate. agent, he could have demanded level state workers go without a ther, there is little difference be- Saunders, the stiff-necked, up- from Dr. Howard Harmon, the na- raise than tax natural gas. Of . such tween the appeal of the movies and right attorney who presided over turopath lobbyist, a $5,000 "legal stuff is the . old-timey statehouse TV ; one merely requires a little the destinies of multi-million-dollar fee" instead of a $5,000 bribe. reaction. made up. exercise of the flanks to reach. We corporations, was paid by ICT over Any lawyer in the legislature many months. When it looked like can, with utter impunity, take a Nevertheless, it's a far better ap- do not strenuously object to the tax remission for this, and only this, ICT was in had trouble and new bribe, call it a legal fee, and be im- propriation bill than we've ever had management moved in to clean it reason of state policy : that if peo- mune from prosecution for bribery. in the past, and we commend the up, the payments stopped. A trans- A bona fide legal fee for a spe- House for passing it. ple will while away their time action was entered onto ICT com- watching- spectaculars, soap operas, cific service rendered is easy to de- We trust the committee on loan pany books by which it was made fine. The trouble arises in the "re- and giddy-yups, it is better for the clear that the company had been tainer fee" area. Some lawyers are shark legislation will come up with sinews of the state that they get a a bill along Rep. Tony Korioth's paying Saunders $6,000 for ' some retained for a regular fee for what- little exercise doing it. ever leg-al work might come up. proposed lines. The sharks ought to mineral rights to some land. Saun- ders thought it a very fine transac- Some lawyer - legislators are re- be licensed, put tinder a definite tion, all perfectly proper, perfectly tained for a periodic fee for what- overall total charge limit (say 36 ea/ goomo proper. ever legislative work might come percent a year on the declining bal- Meanwhile, his colleague, Gar- up. What's the difference? ance), and made subject to definite We would like to say—in spite of land Smith, or, as Governor Shivers Why, the difference is simply jail terms for -violations. Anything Governor Daniel's ill-timed demur- used to call him, Good 'Ole Chink, that the services one performs are less than this—or ludicrously more, rer that Reports of Corruption had was also in an interesting position. legal, and the services the other like Ed Sheridan's "jailhouse bill" Been Greatly Exaggerated—that Chink's daughter was 'married to performs are legislative. This is a question of fact that can be sub- —will let the sharks go on robbing the Governor and Speaker Carr Max Rychlik. Max was getting the poor. $8,000 a year from ICT for a job mitted to a jury like any other. have given no sign of reluctance to with no duties. He was paid, he If they go passing some code of We are still scratching our nog- clean up, but that on the contrary said, to stay available on some PR ethics that says it's not nice to gin over the Herring bill. Just how they have pitched into the mess deal ICT had in mind in Austin. profit from public office and you Senator Herring- figured calling off awaiting them with zeal and sincer- The fact his father-in-law was in- really ounghtn'ta ; if they do noth- the election would let the people ity. If they will keep at it, and carry surance commissioner, why, that ing about top-drawer public offi- elect their senator by majority vote through with stiff legislative re- was just a coincidence. cials entering into financial transac- gets way beyond our logical powers. forms, with criminal penalties, we Then -we suppose it was coinci- tions with men they're suppoSed to We think the Senate ought to be may cautiously hope for more tran- In retrospect we may now be able be regulating (however bona fide, proper, ethical, upright, moral, commended for preserving the rules quil times. to understand , a lot more about the U.S. Trust & Guaranty collapse. scrupulous, and correct the transac- A. B. Shoemake put a bullet in his tions are) ; if they stop short of a head, but perhaps before he did so, full investigation of the lobbyists bstrurr he found some financial transaction who lurk behind all this trouble, he could enter into with Smith and lurk in the shadows, fearful of light I tr.....11 Saunders which Smith and Saun- —then no matter how boring the ders would regard as perfectly subject becomes, we may just set- Incorporating The State Observer, combined TELEPHONE in Austin : GReenwood 7-0746. with The Zest Texas Democrat proper. No doubt, if there was such tle on corruption as a way of life HOUSTON OFFICE : 2601 Crawford St, Hous- ton, Mrs. R. D. Randolph, treasurer. a connection, it was just as inno- clown here, and "politiCal dema- MARCH 19, 1957 cent and ethical as the deals with g-ogues and out-of-state publica- Ronnie Dagger, Editor and General Manager We will serve no group or party but will hew tions" (to use Governor Daniel's Bob Bray, Associate Editor hard to the truth as we find it and the right as BenJack Cage. Sarah Payne, Office Manager we see it. We are dedicated to the whole truth, When men as high in life as that teasingly indefinite phraSe) will Published once a week from Austin, Texas. to hasten values above all interests, to the rights can't see anything wrong with such have to carry on with their irre- Delivered postage prepaid $4 per annum. Adver- of man as the foundation of democracy ; we will tising rates available on request. Extra copies 10c take orders from none but our own conscience, financial transactions with the head sponsible calumnies against the each. Quantity orders available.. and never will we overlook or misrepresent the • truth to serve the interests of the powerful or of a vast insurance empire they are purity-, sanctity, repute, dignity, liktered as second-class matter April 26, 1987, cater to the ignoble in the human spirit you might as honesty, and honor of the state. at the Post Office at Austin, Texas, under the MAILING ADDRESS : 604 West 24th St., Aus- charged to regulate act of March 8, 1879. tin, Texas. well throw away the lid. R.D. THE LEGISLATURE EXPLAINED MARSHALL charitable enough to say the pro- teemen have their opportunity for Zbranek Writes Having twice been definitely ponents haven't even read them. revenge. They question the witness, characterized as an "expert wit- Save in rare instances, however, the and he dodges the ,lightning as best ness" before two House committees, legislature's esprit de corps pre- he can. His opponents have fur- On Public Ethics the writer feels qualified to write vents the asking of any embarass- nished their friends on the commit- aS an expert on the legislative pro- ing questions which might show tee with weak points in his testi- the proponents don't know what in mony, and he must dance around cess. He has seen it in operation, In Law Review the hell it's all about. them. hasn't he? Finally, the long-suffering com- Next, we experts are called to the AUSTIN First, as they do in those interm- joustings and make with talk on the mittee is ready to act. All too often inable bills, let us set out our defin- one hand about the imperative need the pet bills of the string-pullers An interesting comment in Texas itions. By a "legislative committee" are voted out forthwith. The others Law Review by Rep. J. • C. Zeke is meant a group of legislators se- may be given a one-way ticket to Zbranek, Daisetta, and J. Ronald lected by the speaker to axe bills he Franklin Jones the Siberia of legislation, an unfav- Trost reviews the issues 'involved doesn't like and forward those he orable subcommittee, or they may in the legislator's problems of eat- does. A "bill" is the pet child of a be given a chance with a favorable ing. It is called, "The Texas Legis- group or individual that is to be for tfie bill, and on the other about subcommittee. lator : 'Hon. Solon and Mr. Eco- either emasculated or wet nursed Either way, the work of the ex- the fact that its passage would nomic Man." by the committee. The "hearing" wreck the welfare of the state. This pert witness is over (unless he is consists of the appearance of us is quite an exciting period ! Some of also an "approacher," in which even The premise is that the legislator "expert witnesses," who are lobby- the committeemen read newspa- he will buttonhole committee mem- should have no direct economic in- ists under the skin. pers, some dawdle with their watch bers until his bill or his opponent's terest in the measures presented for The committee meeting is opened charms or other personal effects, is passed or indecently buried). Or- his consideration. Charges are al- by the chairman, and the legislator- and some simply put their minds bn dinarily he will return to the dol- luded to that some Texas legisla- proponent sketchily outlines his bill something else and weather the ora- drums of his inexpert existence, tors "gave their highest loyalty to and calls for the experts. This is a torical storm, impervious to the ac- wondering if he should have im- their role of economic man and a touchy point, for some of the bills companying spray of reason. plied that the "author" of that bill subordinate loyalty to their role of have not been studied by the pro- At the end of the "testimony" of had not read it and that it consti- legislator." ponents, and some experts are un- a witness, or during it, the commit- tuted a "tale told by an idiot."' In passing it is observed- that campaign contributions "may sub- stantially- influence the legislators' judgment" and that most corrupt Race Bills practices laws so define the contri- Senate May Slow butions "that some material contri- .... Apparently some of the seg- state publications," and that other been assured b y administration butions do not come within their regation bills will pass the House, state agencies are clear and free of leaders in Washington that the fed- purview." • but high-echelon talk is that the the taint of dishonesty. Stuart Long eral government will move to slow The Texas statute on lobby con- Senate will bury them. One mem- and Dave Cheavens drew him out down imports of foreign oil .... It trol is general. There are no re- ber counts eight or nine outright on this at a' recent press conference is in return for this assurance of ported appellate opinions involving opponents to them at this point. and his position was that it stands federal support to ease the eco- criminal prosecutions under it, it is This is another curious reverse on to reason that this is so. nomic competition from foreign oil noted. Texas House rules require the way it's been in the past, the that Texas has agreed to increase lobbyists to list their names and af- House passing the Pool bill, the .... "Texas Businessman," news- its proration_ allowance, according filiations, but Texas Senate rules, Senate killing it, being another'il- letter to businessmen out of Aus- to . industry leaders here in Dallas." do not.. lustration. It doesn't take many tin, says the Cox bribery case is Some legislators' business - activc-- senators to stop legislation, and in bigger than Cox, involves under- .... Drew Pearson reports from ties—as lawye'rs or as businessmen the past this has meant the Senate the - table money - passing always Washington : "Teamster officials —are all right, says the article; has stopped plenty of reforms ; but whispered about, hard to pin- down. have hinted Dave Beck will wait others are not. this session the reforms are almost It advises novices in the legislative until after the Texas election before returning to this country. 'Reason : Some are objectionable because uncontroversial, and they zip right process to stay away until things of the nature of the employment it- through the Senate, while, the lib- cool down. there's a chance the. Senate will fall under GOP control in case Texas self. In this category : accepting eral-whipping legislation gets fees for introducing and handling slammed. T h e netting of Garland should elect a Republican senatOr. Smith and J. Byron Saunders in the Beck apparently believes he would bills ; appearing before administra- tive bodies and agencies ; business .... As the drouth on the land ICT insurance scandal brings to get a better break if the Republi- mind former Governor Shivers's cans were running the labor. rack- or law work effectively related to ends, the drouth for the lobby be- the employer's legislative interests. gins. The "legislative advocates" boast that his appointed people eteer investigation. Teamster offi- are now proceeding with great cau- were sound. He defended Smith and cials say Beck is convinced the "A number of legislators repre- tion in Austin, and a lot of mem- Saunders again and again when Democrats are investigating the sent clients before some administra- bers have taken up cafeteria eating. they were under attack in the U.S. teamsters for splitting with other tive boards solely or largely be- Beauinont Kiwanians heard Trust & Guaranty case. labor unions to support the Eisen- cause of their influence—as legisla- a review of Austin corruption last hower-Nixon ticket." tors—with the agency," says the week, and they seemed terribly con- .... An incidental reference by article. "This influence could be cerned, comp let e l y unskeptical. Bicknell Eubanks in the Christian .... Jacob Bergolofsky, one of transformed into coercion by a de- Times have changed ; the people Science Monitor may help explain the 22 Senate candidates, is a 31- termined legislator," especially arenow apparently cured - of their why the Texas Railroad Commis- year-old student of law whose since state appropriations are item- doubts. sion switched its position and au- grade point average is one point too by-item and a state worker's salary thorized a daily production allow- low for him to continue in the Uni- could be cut. .... Governor *Daniel's position' able increase of 211,000 barrels a versity of Texas law school. He ran "A company may employ a legis- is that the corruption has been day for March. Reports Eubanks : for two offices before—both on the Ct lator to act as selesman in a Texas "sporadic" and exaggerated by po- ... it is reported by oilmen that campus—and 'did "lousy" each time, community. There is no impropri- litical demagogues and "out-of- General (Ernest 0:) Thompson has he says. ety in this. But if the company is directly interested in pending legis- lation, and then hires the legislator, the employment could be camou- NEWS SOURCES NEED PROTECTION flage for an outright bribe." AUSTIN torney general held individuals Eligio de la Garza of Mission which 'Similarly, "many lawyper-legisla- Although it has almost been Jost were covered by the law, and ano- would aid news reporters in dig- tors are employed on a retainer-fee in the legislative hue and cry, a bill ther said • they were not. Some ging out information on political basis by various economic interests introduced by Rep. Carlton Moore county attorneys are willing to han- corruption and other skullduggery. .... Present in this relationship is of Houston is among the most im- dle such cases but others say, they De la Garza's bill provides that the opportunity to use the alleged retainer to promote the private in- portant of the session from ' the have no authority. news reporters would not have to terests of the employer." standpoint of protecting the rights Morgan says as result of the am- disclose the source of their informa- biguity in the law many small wage tion on any story to any court, state Private economic relations be- of the working man. • earners have "no place to turn agency, or investigative body ex- tween a pressure-group association The bill, numbered HB 517, when a dispute arises over their cept grand juries. In other words, and a legislator "have the appear- changes only two words in current pay. We simply contact the party it would give any person assurance ance of impropriety because the state laws under which workers and try to work out a settlement." he could give information to a news ' major function of such a group is to may file claims for due and unpaid Labor Commission records show reporter without danger the report- influence legislation." The same is wages. , But those words are ex- that in the past two years more er might be compelled to disclose true, says the article, of "the larger tremely important to a large num- than 3,600 such cases have been the source of such information or concerns" that hire . their own lob- ber of people. filed and that the wages in dispute go to jail. However, the public byists. Labor Commissioner M. B. Mor- totaled more than $200,000. would still be safeguarded against The article. reviews legislation in gan, at whose request Moore filed Rep. Moore, adding to Morgan's , irresponsible reports by the fact other states and makes- suggestions, the bill, says that for some reason, explanation of the bill, said, "All that such sources could still be de- many of which are embodied in probably due to oversight, the cur- this does it take out the loopholes manded by grand juries. Zbranek's lobby regulation now rent law does not make it clear and clarify the law." It was ap- A bill protecting news reporterS' pending in the Ho.use. whether wage claims rights apply proved. by the judiciary committee sources of information could not The article has one 'other pro- to an individual hiring workers. and soon will come before the harm honest officials. As has been posal : The law clearly names companies, House for a vote. It was a strange sensationally shown in Texas in "A joint committee or a separate corporations, and various business "oversight" that the original law the past two years there is a serious committee of each house should be operations but does not specifically failed to extend such rights to the need for exposure of dishonesty established to study the operation state whether it applise to 'say' a workers who obviously need them among some state legislators and of the lobbying statute and , to re- man hired to do yardwork or in any 'most. ranking employees. The honest ma- ceive complaints of violations of the employment where the worker * * * jority will help themselves by pass- statute and of the code of ethics." hires out to an individual. The same committee, presided ing de la Garza's proposal. He said The committee would serve a ca- Morgan explained that there is a over by vice-chairman Rep. Joe he would bring it up for committee pacity similar to that of the state difference of opinion on the point Chapman of Sulphur Springs, post- vote in the next few days. bar's grievance' committee, Zbranek among attorneys ; in fact, one at= poned decision on a bill by Rep. BOB BRAY and Trost suggest. SMITH, SAUNDERS, EXAMINERS ON GRID (Continued from Page 1) not to occur until after the notes the House and Senate committees treated this in your tax return as to the bank were retired. were trying not only to bring to light who took part in the ICT though the $7,000 was income He also admitted he is still ICT's Two 'Accountants' and you still owned the royalty." collapse but to also determine paying taxes on the land. "Was The lives of L. W. Blanchard of $75 each for similar fees from whether defects in the insurance Saunders answered, barely audi- he," Cotten wanted to know, and R. R .Butler, two former the Atlas Alarm Corporation, one code or mismanagement were re- ble, "That is true." "just paying those taxes as a fa- state insurance board examiners, of the JACCO group, records in- sponsible for the recent failures. vor to ICT?" Saunders said - he He admitted that the sale agree- are curiously parallel. dicated. Both Saunders and Smith stated thought it was just "fair and Both, according to Saunders, Carroll said he could not state that the ICT failures were a re- ment had never been recorded in equitable" for him to make such were fired by the insurance corn- whether the L. W. Blanchard and sult of both. a county clerk's office but de- payments since ICT wasn't yet mission. Both, according to ICT Robert Butler were the same Saunders told the House com- clared it was up to ICT to do realizing any income from the records, received $75 monthly as ones who were employed by the mittee, "I went over the state this. property. "accountant retainers" from the state insurance commission. telling in speeches there were Questioning by Cotten brought He insisted many times that the ICT the first part of 1954 when Saunders checked endorsements going to be some more failures out that the property has not transaction did not in any way they were supposedly employed on the ICT checks and said they .... You passed a good law (last been legally transferred to ICT affect any decision he made as fulltime by the state. Now, ac- appeared to him to be ones he session) but many firms were ownership. Saunders said under an insurance commissioner con-; cording to Dr. Walter K. Long of had seen on many papers at the grandfathered." He e s t i mated the agreement, the transfer was cerning the affairs of ICT. Austin, both are suffering serious commission office. there are 50 to 100 started with heart illnesses and he advises Cotten introduced insurance low capital which don't have suf- against either of them appearing commission records pertaining to ficient assets to survive. He said to give testimony to legislative the no longer existent Guardian that BenJack Cage "could not The Smith-Rychlik Deal investigators. Insurance Company of South Da- have operated the way he did" In January, 1955, a dapper, 26-walk a straight line, or take a lie ICT records introduced by Car- kota, one of the Jacco manage- had his company been organized year-old little $350-a-month ac- I detector test." He added, "I just roll indicate that Blanchard and ment group. The records showed under the new law. "I don't see countant landed himself a $700-a- don't have enough confidence in Butler received checks for $300 Blanchard had made the examin- how a state agency can prevent month position. He got paid a to- one of them. I'd rather not." each from ICT on April 16, 1954. ation and found the company management from mismanaging a tal of $8,400 for doing a "lot of Vouchers on the checks indicated qualified to do business in Texas, business," he said. The most dramatic point of the waiting." they were accountant fees of $75 but page after page of examina- Smith stated that he had not questioning came when Carroll monthly from January through tion questions in the report had had any previous insurance .,ex- The accountant, Max Wayne asked Rychlik whether he would April. They also received checks been left unanswered. perience but had been an admin- Rychlik, son-in-law and now in- mind asking the Bureau of In- istrative assistant to Governor surance business associate of for- ternal Revenue to furnish the Shivers. Under questioning he iner Insurance Commission committee with a copy of his in- said it would probably be better Chairman "Chink" Smith, told come tax return for 1955. The Junkets and Suites if it were the law to appoint only House investigators he didn't re-1 "For what reason?" asked Rych- "It is pretty commonly known wouldn't exactly say that," Smith persons experienced in insurance member much about the job, al- lik. that state officials get around a said He later observed "If I had- to the commission. though it put him in the highest lot," said ex-commissioner Smith, n't been on the board I'm sure he income bracket he had attained. "To see how much money you made," answered Carroll. defending trips he and commis- wouldn't have asked me to go." Rychlik did recall getting $700 Rychlik didn't answer for more sioner Saunders had taken to Las "When you're in, you're in, Some Profited :a month salary checks from ICT than 60 seconds. He turned away Vegas, California, Havana, and and when you're out, you're out," during 1955, but he couldn't re- fsom Carroll and looked at the other points with BenJack Cage Smith added. "I guess I was in- Among the few who made member how many. "Gosh, I just unmoving faces of committee and ICT paying the bills. vited on 15 or 20 hunting trips on money in their dealings with BenJack Cage and ICT were don't remember for sure," he told members who soundlessly But seconds later, when asked years when I was too busy to go. Pierce P. Brooks, Dallas insur- Assistant Attorney General Joe awaited his answer. He decided: by Cotten to name some of the This year I had time but nobody , ance executive, and former Judge Carroll. Twelve photostated ICT "I don't think I would ask them other "officials"' taking such asked me." Robert A. Hall, an investment 'checks for $700 each payable to to do that." trips Smith apologized, "I'm sorry Saunders also recalled having consultant who is a member of and endorsed by Rychlik were in- I made that statement." He said made trips with Cage. He told the Carroll, his tone touching on the state Democratic executive troduced. it was common practice in other committee that "I read in the ' sympathy, said: "The ;water gets committee, was 1956 campaign departments, too, but that he press he had charged off expen- There were many points about pretty deep, doesn't it son?" manager for Gov. Price Daniel wouldn't want to name anyone, ses of $1600 on one. I don't know the job he still couldn't recall. Rychlik didn't answer. in Dallas, and has been men- and then finally left the impres- why he did. I only ate a $2.50 He said that his father-in-law had tioned as a possible appointee to Smith said that in 1954 Cage sion he didn't know of anyone plate lunch. As far as I know he helped him get a job with Cage the State Highway Commission. told him he was considering else. didn't pay the hotel room." to open up an advertising and Brooks admitted clearing $2 opening a public relations and public relations office in Austin. Smith did confirm that he, his million profit on the sale of 9,918 advertising office in Austin to Rychlik said his father-in-law wife and son had made a trip to shares of National Bankers Life handle the ads for his various had told him Cage was going to California, staying in a $46 a day Insurance Company stock to the operations. "As a former news- The 'Capital' open the office in Austin and room at the swank Town House ICT group Cage represented. Hall paper man, he asked my advice asked him if he would be inter- on Los Angeles' Wilshire Boule- On May 22, 1950 a tall, person- and his firm of Bennett, Osborn and I told him it looked like a ested. He couldn't remember how vard. ICT records showed Ben- able promoter named BenJack and Hall made $40,000. good idea," Smith recalled. • He many times he talked with Cage, Jack Cage picked up the tab on Cage walked into the Mercantile James Cage, distant cousin of said that as the deal materialized or even when or where the deal the five-day visit and it was National Bank of Dallas and ne- BenJack Cage, told the House he suggested to Cage that Rych- was cemented, but an agreement $582.97. Said Smith, "Now, I don't gotiated a personal loan for $200,- committee how the thing hap- lik would "make a pretty good was, he said, reached for him to see how it was that much. But I 000. He never spent a dime of it, pened. He said Brooks had a first run the office. man." guess it was," he added, looking but he used it to set up a multi- lien on the National Bankers Life over photostats. million dollar insurance empire. stock and that he hired Hall's As a sort of "retainer" Cage ' Asked if he thought it was Smith also recalled that he and Cage simply deposited t h e firm to help him sell ICT's equity had Rychlik, who was earning "proper" for Rychlik to be on the ICT payroll without working, Saunders went with Cage to an $200,000 to the account of the In- in the securities. about $350 a month as a fulltime insurance meeting in Santa Fe, surance Company of Texas. A He said under questioning that employee of Western American Smith said, "that wasn't the way New Mexico. "He was going any- vice president of the bank, Meyer Brooks broke up attempts of the Life Insurance Company (another it was supposed to turn out." He way and asked if we wanted to J. Rachofsky, gave an affidavit ICT to sell the stock to other job his father-in-law had gotten explained that the whole trans- fly ... We went along." Smith that the company in process of prospective buyers causing a for him), put on the ICT payroll action was simply a matter of couldn't remember whether Cage organization had $200,000 on de- "technical" foreclosure. for $700 a month. He said under him trying "to help the boy do paid their hotel bill. From there posit, and mainly on strength of Brooks testified he thought examination he expected all year better," and that he had helped Cage said, according to Smith, the affidavit, the insurance corn- ICT officials made a "wonderful long that Cage would open the hundreds of people get jobs. He that he had to go to Las Vegas mission issued the firm a li- deal" when he gave them $800,000 office at any time. Finally, Rych- said he had helped Rychlik ear- on business, so they flew there cense to do business. for the firm's equity in the stock. lik said, "Mr. Smith told me to lier get jobs with the Texas Em- and "went to one night club and A few days later, the Insurance "I could have waited until De- tear up the check because he did- ployment Commission and two or had dinner. Yes, he (Cage) did cember and taken that stock back n't think Cage was ever gonna three insurance companies. Each Company of Texas wholly rein- pick up the tab for that." sured Texas Lloyds. On June 5, by foreclosing 'without having to open the office." one, he felt, had been better than the one before. Cage also showed up at an- 1950, just 13 days after the $200,- pay a cent," Brooks said, "but Rychlik said he followed other convention in Miami, Smith 000 loan had been secured, ICT they needed cash and we wanted Smith's instructions and that as The ex-commissioner said he recalled. That time Cage had to issued a $200,000 draft to Cage, to save the company." far as he could recall he'd never was sure Rychlik wouldn't have go down after the convention to who in turn used it to pay off The $40,000 paid Hall repre- talked with Cage again after that. gotten the position if "I hadn't' Havana on business. "It's just a his bank note. sented a five percent commission been commissioner. Of course, it He said Smith made the initial 45-minute flight ... the wife and After explaining this transac- on the $800,000 Brooks paid ICT arrangements for the job and also I hadn't been on the board he'd I had never been to Cuba ... for its equity. Cage said he con- never have been employed." tion to the Senate investigating cancelled it. We flew down and had lunch ... committee, Renne Allred, attor- sidered that Hall was entitled to Carroll asked: "Do you think He picked up the tab." ney for the court in the ICT liq- the money because he spent four Demanded Carroll: "At what the payment was right?" Later, Smith recalled he had uidation, was asked: Is it your months working on the deal. point did you decide you were taken a five-day trip to Honolulu opinion ICT was started on bor- James Cage questioned a $25,- getting this money because your Smith answered: "No sir with Charles McCormick, an of- rowed money in violation of the 000 annual payment ICT had been dad-in-law was an insurance We went into it with good faith, ficial of International Life In- law?" He answered: "That is my making to the Action Agency, an never did," commissioner?" "I that is my son-in-law went in surance Company, and that he opinion." advertising and public relations Rychlik answered. He denied that good faith." and Saunders went to Mexico firm which is operated by John Allred said the records showed McCully, a representative of the Smith had ever gotten any of the "Did the fact he (Cage) was City as the guests of Earl Gam- that shortly before each examin- State Federation of Labor. in a $20 mage, an official of a Houston money, except maybe nice to your son-in-law have any ation of the insurance company • insurance company, the name of Christmas present, and Smith weight on your decisions on the by state examiners sufficient He said he had tried to stop the which he could not recall. agreed he had not received any commission?" inquired Carroll. money would be borrowed to payments of $2,083 per month but (All these junkets have been couldn't because Jerry Holleman, of it. "No, sir," said Smith. He testi- make the company appear sol- reported earlier in the Observer.) executive secretary of the State fied that in fact the only time he vent. He said one of the loans Rychlik, a graduate of Texas Carroll asked Smith if he from the Republic National Bank Federation of Labor, and other had been asked a favor by Cage, thought Cage "was trying to pro- labor leaders were members of A & M, drew on his education in of Dallas was for $920,000. He the request had been denied. mote your goodwill (with the said he had been told that it refusing to take a lie detector (Continued on Page 5) trips)." "No sir," Smith answered. was obvious at least some corn- Smith repeatedly, emphatically test. He recalled that a lawyer "Woud you have a kinder feel- panies knew ahead of time when speaking to one of his classes stated he did not get any of the ing toward him than others who they were going to be examined. THE TEXAS OBSERVER said "never blow into a balloon, money ICT paid his son-in-law. did not (take you on trips)?" "I The testimony came as both Page 4 March 19, 1957 Ike Repeats INSURANCE BOARD SHAKEUP Thad Plaudits AUSTIN mission composed of grand ju- investigation of a bribe offer. offer or any insinuation of an Charles McCormick, fang- rors from each of the eleven That's why I'm fighting right offer in his four terms in the (Continued on Page 4) time friend of ex-insurance supreme judicial districts and a down the line on these bills. House. which you and I believe, I reiter- commissioner Garland Smith chairman appointed by the chief They've got no business here." ate my wish for your success in. and president of Interna- justice of the Texas Supreme Sam Kinch of the Fort Worth REP. MOYNE KELLY, Afton, this campaign." tional Life Insurance Co., Court. Star-Telegram and Frank Manit- introduced measures to centralize Hutcheson bitterly condemned. may as well start looking for It could investigate, do research, zas of the AP were present and administration of the care and Sen. Charles Herring, Austin, for new tenants for his Austin and turn over evidence to local asked Parkhouse whom he was treatment of the state's unfortu- trying to pass his bill calling off office building, judging from grand juries. It would operate for talking about. He apologized and nate youth under one depart- the election. (Herring, saying it Senate action last week or- two years, and Cory says, could said he didn't mean it. "I should ment, and to prohibit any group would be better to leave William dering the Insurance Corn- be extended. It would employ one have said I was coerced. I didn't from assuming "the name of any political party ....to use any Blakley in Washington than have mission to move out. lawyer and one investigator. It look on it that way; I don't think a minority senator, lost his ef- Sen. Frank Owen III protested would have all the powers of a it was (a bribe)." name that would reasonably leave the impression that (its fort to bring up the bill, 18-10. angrily that the people's confi- court of inquiry as conducted by Parkhouse delayed action, with members) were officers or a- Voting with him were Sens. Ash- dence in the government was not a justice of the peace under state a threat of a filibuster, on one gents of such pre-existing politi- ley, Colson, Fuller, Gonzalez, Ha- enhanced when they had to call laws. It would be bound to let of the three bills at issue, which cal party.") zlewood, Moffett, Owen, Park- on the state commission in a anyone answer charges heard be- would have provided minimum Obvious target of the party house, and Roberts.) Hutcheson building "with that big sign, 'In- fore it. "All investigations and work weeks of 48 hours in larger bill was "Democrats of Texas," told Herring the bill was "un- ternational Life,' " ,at the top of meetings" would be public except cities, 60 in medium sized ones, Democrats which formed out of principled and illegal" and "im- it. He said he'd rather see the for "matters preliminary to com- and 63 hours in small ones. But reaction to the recent Fort Worth paired public confidence in your commission strewn all over Aus- mencement of public hearings." two others passed out raising state convention. The state Dem- qualifications." He said Herring tin than lodged there any longer. minmum pay for such officers, Cory said it would provide a ocratic executive committee has should resign as head Senate ICT With seven dissenting votes the means independent of politics to and increasing longevity pay al- objected to the group's name. investigator. Senate agreed the commission investigate alleged official mis- lowances. should move out in a year. Kelly's bill would prohibit fund conduct. "This is not a 'super- In Houston, Speaker Waggoner James P. Hart, who also op- Meanwhile the first start was collection, literature distribution, grand jury' as some have called Carr, interviewed on KPRC-TV, posed the Herring bill on grounds made on Insurance Commission advertising, or any other politi- it," he said. "It will hold public said he thinks annual sessions the people would elect someone reorganization. Sen. Bill Fly, Vic- cal activity by a group using an hearings and cannot indict any- and higher legislator pay are they believe can get a majority toria, persuaded the senators objectionable name. A version one. It can only put the spot- needed. He said the session will in the 1958 election, urged "a that it would be best to have passed a committee hurdle Mon- light of truth on crime and cor- probably pass an effective lobby- larger credit against income three part-time commissioners day. ruption and recommend means to control law but warned such a taxes for medical and drug ex- and one full-time administrator. The House refused to take up improve la w enforcement or law might impede the activities pense." He advocated more water An amendment by Sen. Charles a bill by Rep. Malcolm McGreg- prevent crime. It can also send of "good citizens" lobbying for reservoirs, cover crops, and land Herring, Austin, to maintain full- or, El Paso, to let Texans import any appropriate evidence to lo- "good bills" while giving free -terracing, and work toward de- time commissioners and hire such a gallon of Mexican liquor per cal grand juries ..." rein to "the people we are really salting ocean water. He said the an administrator was defeated af- trip; they passed instead a bill after." Suez should be opened regard- ter prolonged debate, 17-13. Sen. AN INTERESTING EPISODE letting non-residents bring a gal- less of Nasser. Grady Hazelwood, Amarillo, pre- last week might have attracted He said retainer fees for a ion and residents bring in a quart dicted a part-time board and one such a commission's attention a month. In San Antonio Hart said he legislator from an interest involv- administrator would lead, in 15 had it been in existence. Sen. A House committee approved will defend constitutional rights ed in state matters may or may years or so, to the greatest scan- George Parkhouse, Dallas, said at Rep. Frank McGregor's bill to of citizens regardless of race or not influence the legislator, de- dal in the state's history. a hearing on bills to improve fire- make Texas history courses pre- religion. Government employees pending on the individual, but "if Gov. Daniel, who is backing a men's and policemen's pay and requisite to high school and col- "must not be denied the right to the public feels it is a dangerous plan for full-time commissioners work conditions: lege graduation and subcommitt- be informedof any charge against thing, it should not be allowed at and one administrator with broad eed for study a plan by Rep. them and to present evidence to "The committee would be sur- all." He felt instances of legisla- authority, said he was happy a- Gene Hosey, Galveston, to let refute such charges," he said. prised if they knew what hap- tive misconduct are "few and far bout the Senate action, although pened to me just before I came between" and noted he had never school boards hire uncertified John White said the bill to there were some points about down here. You'd have another received personally any type of substitute teachers for no more abolish his job as Agriculture Fly's bill he did not agree with. than 60 days' work year. Commissioner doesn't have a Rep. Marshall Bell is advancing A House committee heard de- chance. He and Hutcheson fought the Daniel plan in the House. bate on Rep. Joe Pool's bill to all week. He warned the GOP Under the Senate plan, pres- provide that any insurance com- might get the Senate seat by ent commissioners would lose pany doing business in Texas has "outright purchase." Hutcheson their full-time jobs — possibly The Loan Sharks to apply to the Insurance Com- said this insulted the people and their jobs entirely. The Senate re- missioners before it can sell in- AUSTIN lingen, asked if the Air Force had fused an amendment by Senator surance for rates lower than the asked why White was "cam- not stopped the trouble by de- David Ratliff, Stamford, to re- A House judiciary subcom- prescribed maximum and that paigning on the voters' time claring such places off limits. tain Commissioners John Osorio mittee, which apparently fa- the deviations allowed be "uni- when he should be doing the job Swett said the $5 to $50 places and Mark Wentz on the new vors a bill aimed at pulling form" in nature he's paid to do in Austin." White had been put off limits but that board, 19-11. (Fly said Wentz had loan sharks' teeth, is sched- said Hutcheson and a few GOP- airmen could still get loans of thwarted enforcement of the leg- uled this week to offer rec- ers "have made my job difficult" $300 on longer periods and the and Hutcheson is a "me-too" can- islature's 1955 insurance reform ommendations on which of Billion-a-Year problem still existed. laws.) two such bills it is now didate for Eisenhower. Murray said: "I come from the Rep. R. H. Cory, Victoria, in- studying should be passed White announced h i s "ten Rio Grande Valley. We have Bill to Senate troduced, with 102 other mem- cut of committee. AUSTIN points for Texas," economy and Mexican people who need $25 for bers of the House, Governor Dan- The subcommittee, headed by efficiency, curbs on inflation, medical expenses or for some The administration — that iel's plan for a "nonpolitical, non- Rep. Barefoot Sanders, Dallas, ap- limits on taxes and correction. of other reason who are glad to pay is, the forces of Governor partisan" law enforcement com- parently favors a version of a bill tax inequities, a realistic foreign $5 for it .... They have nowhere Daniel and Speaker Carr — introduced by Rep. Tony Korioth, policy, state-federal water pro- else to turn." He said that tough prevailed in the 11 - hour Sherman, over a proposal on the gram, 90 percent farm parity and laws might make it impossible House debate on the appro- The ICT Story same problem offered by Rep. development of new markets, for such people to be able to bor- priations bill in fighting off (Continued from Page 4) DeWitt Hale, Corpus Christi. 13 times by votes of from school improvements under local the ICT Board and had voted the row. Korioth's bill calls for the an- Martin said the junior bar in two to a score attempts to controls, Texas benefits from expenditure. nual licensing of each firm mak- Dallas has had considerable ex- give lower - category state federal taxation without federal Rep. Cotten asked Cage if the ing loans of $500 or less, sets perience with the loan shark workers substantial pay controls, industrial encourage- $25,000 payment wasn't "a sort of forth limited total charges, and problem, particularly the prac- raises. ment, and integrity in office. blackjack donation to the AFofL." provides a $500 fine and-or one tice known as "flipping," the re- The $2 billion appropriation Cage said he didn't know what State Sen. Bracewell pegged year in jail for violators. His writing of a loan. For example bill provided selective raises for it was—but that he had been as- Yarborough as the man to beat. proposal also requires annual re- if a man borrows $50 for 90 days, many state employees; the Trav- sured it would not be spent for "I am gaining ground in my cam- ports of such firms, Korioth said, but couldn't or didn't want to re- is County delegation—Reps. Obie political purposes. paign to become the number one "so we can better see what is pay on schedule, loan companies Jones, Charles Sandahl, and Wil- McCully announced he had conservative to challenge Ralph encourage him to pay whatever son Foreman—argued it did not turned over Action Agency rec- needed." Yarborough," he said. He wants can get in interest, fairly provide for lower-income ords to the committee. He said Major Milton Swett, an Air amount they to trim the budget; he expressed insurance charges, or partial pay- workers now badly in need. Rep. none of it was psend for political Force officer stationed at San opposition to extension of federal ment of the principal and then Max Smith, San Marcos, and o- candidates. Antonio, Robert Martin, Jr., Dal- aid to school districts. rewrite the loan. Martin said, ther administration leaders held Commissioner Mark Wentz las, a representative of the State "This flipping procedure is used off this demand. A Senate fight Curtis Ford, ex-representative said he "had not been approached Junior Bar, and former Secre- tary of State Tom Reavley all to increase charges to incredible along this same line is antici- from Corpus, indicated he might since the first instance" when he Charles Herring, spoke favorably on Korioth's bill amounts." pated, with Sen. withdraw. He and Bracewell took was offered such a "deal." He ex- Austin, leading it. last week. exception to a statement by Dies plained: "Right after I went into HALE, in discussing his bill be- Behind the arguments all the he is the only candidate with office I was offered a deal. I be- Swett told of trouble military fore the committee, said it was a time was the fact that the com- legislative experience. lieve the force with which I turn- officials have had in stamping out "somewhat new approach to the mittee-approved bill left barely Among other candidates, C. 0. ed it down put a stop to that sort loan shark activities in San An- problem" and would provide for enough money in the till for Foerster, Jr., gave away little of thing ever happening again." tonio. He charged that "one firm the licensing and control of small teachers' pay raises. Therefore, bars of soap in the Capitol, indi- Names of Rep. Edgar Berlin, called the Military Finance Co., loan brokers lending $100 or less more pay raises for state workers cating he thought they were Beaumont and Rep Ed Sheridan, Inc., had been doing business for six months or less. He said he meant lower teachers' pay raises needed there. Claude Orms tried San Antonio, turned up in the with 200 or 300 of our boys. It considered the only long range or a new tax bill. to speak 30 hours on a Houston files of ICT as having received was the usual $5 to $50 loan shark solution to the problem to be a The House added $3.3 million sidewalk but was stopped by law checks from the company. Ber- racket .... They used a credit in- constitutional amendment chang- to the $2,075,000,000 total bill it and offered the rental of an au- lin said his pay was $833 per surance subterfuge, charging in- ing. interest rate ceilings. sent to the Senate. The amend- ditorium. Herbert Antoine, Bas- month for employment as an ICT terest rates of from 211 to 502 Hale explained that his bill ments were minor, involving trop Republican, said a Texas stock sales supervisor in his area percent per annum," he said. The was aimed at controlling the Texas A&M extension service, Council of Churches code of cam- from July, 1951, to Dec., 1952, but major said one case had been small segment of the industry the Texas Forest Service, cotton paign ethics was political chican- that he had no "influence to found where a man borrowed which comes in for the most marketing service, and $959,000 to ery to cover up a separate ques- peddle." He offered to appear be- $300 for 15 months and paid in- criticism. "Nowhere do we change open a new 200-bed hospital unit tionnaire on race and the UN. fore the House Investigating terest and insurance charges to- what can or cannot be changed. at Galveston Medical School. Hugh Wilson, Port Arthur, signed committee if it wanted to hear taling $134. What is legal to charge now can the code, as did James Hart. him. BOB BRAY Rep. Menton J. Murray, Har- still be charged." Page 5 March 19, 1957 AUSTIN those, and I must confess that I By far the finest film I've was somewhat troubled by it un- seen in some time is John Disheartening Chronicle til I suddenly stopped consider- F o r d's 1 9 4 1 production, ing it a show and looked on it as turtles. Nor can I share the in- "How Green Was My Val- credibly dull as this fizzling dud. stolid camera work, and its timid a circus. Then things brightened, terest of the crew in an eighty- ley," a lovely movie made Aside from two shots of Danielle direction, is hopelessly shoddy. considerably. When viewed as a pound grouper named "Ulysses," with sunlight and heartsong, Darrieux and Gino Cersa that re- The impresarios of local art concatenation of specialty acts, whose glum visage occupied so that came my way via TV. vealed considerably less of their houses are, headlining their ads: performed by big name artists much footage that I frankly ex- If it's in your vicinity, I sug- anatomy than would be bared by "New York banned it Gets who put in brief appearances (I pected to see him properly men- gest you take advantage of it a 1930 swim suit, the film devotes It First!" a reference to tho cen- suppose everyone knows that tioned in the credits. The back- immediately, for to judge by itself mainly to sitting in on in- sorship trouble the film has had there are about 80—count 'em-80 ground music is as bad as any the current crop of releases, terminable sessions of round ta- in. Manhattan. I can only say that guest stars!), it can be appreci- I've heard since "The High and both foreign and domestic, ble discussions conducted by the New York's loss is, in this case, ated not as drama but pure big the Mighty." However, these they just don't make that cast on the cupidity and impot- New York's gain. top diversion. Besides, there are minor lapses are easily offset' by kind a n y m o r e. Certainly ency of Lord Chatterley (Leo elephants and Indians, bulls and the rest of the show, with its WELL, this is a fairly disheart- Ford doesn't. His most re- Glenn) who occasionally puts clowns (Cantinflas, no less!), bal- fine feel of the sea and the mys- ening chronicle. Let me recom- cent effort' is something entitled forward the motion to his wife loons, pitched battles, bands, and teries thereunder. It should boost mend something more rewarding "The Wings of Eagles" that pur- (Mlle. Darrieux) that she get her- aerial acts. And all in Todd-AO, the sale of aqua-lungs at least to you: Mike Todd's monster pro- ports to be a biography of one self gravid by some obliging which is bigger than any circus 200 percent. duction, "Around the World in Frank "Spig" Wead. To judge by chap (Signor Cersa) so he can tent I ever saw. Finally, just to have an heir. All of this may 80 Days." I wouldn't enter it, the film, "Spig" spent most of his WHAT EFFECT another Gallic give things a much needed fillip tinie—deserting his family to crash have set Granny's teacups to rat- though, expecting it to be a tow- import "Lady Chatterley's Lover" of imagination, ring master Todd naval aircraft, shatter speed rec- tling thirty years ago, but I'm ering triumph of cinematic art, will have upon sex remains to be just because New York critics has commissioned Saul Bass to ords, and throw cake at army of- seen. To me it proved about as afraid that here in this film, design the most diverting set of ficers before finally settling down which has none of the Lawrence considered it superior to our "Gi- discouraging as an army training ant." Nor would I expect it to be credits I've ever encountered. to perform an heroic and valua- film. Things must really be on a style and few of his intentions, it Considering the magnitude of the ble service during World War II. all comes through as an awful lot a creation of heady wit, just be- screaming down-grade when the cause S. J. Perleman is credited production, that was quite a task. I dare say he was a colorful sort, French can approach D. H. Law- of claptrap. And there's no deny- But Mr. Bass was up to it. I would with the adaptation from Jules but the sad fact here is that all rence and come back with some- ing that the overall production, say that the price of admission is he got from Ford & Co. is a three- thing as leaden, as tepid, as in- with its raspy sound track, its Verne. To me, it was neither of quite a bargain. part blend of slapstick, sentiment, and most unbelievably maudlin

Harris Green

drama. John Wayne, naturally, plays "Spig." At one point, his wife, played by Maureen O'Hara, who always does her best for Ford, tells him to his face that he is—and I gleefully quote—"old, fat, and bald." It was a long a- elected that committee, was stol- Now Mr. Peace dotli protest too and a great many other issues too waited dream come true. But it Reply to Mr. Peace en from the duly elected dele- much about not taking sides in numerous to list in this letter. wasn't enough, I fear, for an en- gates, in the most flagrant, hypo- the U.S., Senate race. What in the On these issues 'Democrats in tire show. To the Editor, and to the mem- critical manner, and the selec- name of heaven did he think he Texas are divided. tions for the executive committee was doing at the last meeting of THINGS are sagging considera- bers of the Texas Legislature: The Democratic Party nation- nominated in senatorial district the Executive Committee when bly elsewhere. The latest English After reading John Peace's let- ally and in Texas is in the pro- caucus as provided by law were he helped ram-rod the resolution import, for instance, is "Wee ter to the editor of the Observer cess of an agonizing re-appraisal ruthlessly disregarded and through endorsing the Pool bill? Geordie," a fairly funny film but (March 12), I intended to write a of its past performance, program thrown out in enough cases to All he was trying to do was gut hardly one to equal those classics few observations in the interest and organization. The fight is on give Mr. Daniel and Mr. Johnson Ralph Yarborough—but I guess "The Man in the White Suit" and of accuracy, common honesty and for whether the Democratic Party control of the new committee, it in his book that isn't taking sides, "Genevieve." Frank Launder and morality. In the meantime, on is to be a party of liberal ideas became necessary for the dele- that is just nice clean fun. Sidney Gilliat who made "Geor- March 15, Jim Lindsey addressed and constructive, progressive leg- a letter to all members of the leg- gates who had worked and won Mr. Peace says that no one can die" are no match for the geni- islation, or the party of Southern islature covering some of the that convention to have a contin- truthfully question the program uses who so exquisitely fash- bigotry and reaction. And that is uing organization to work for of the executive committee or its ioned those last two delights, and same ground but carrying also the fight in Texas. That was the some other misrepresentations common honesty and morality in avowed purpose. You know, I am throughout their simple tale of a basic reason for division in past about Democratic Party work in Democratic Party affairs in Texas. against sin; I am for .mother, Scotch lad who builds himself up years—a difference of opinion on Texas. The two should be an- home, and fireside; nevertheless I into a regular elephant with a Mr. Peace, being a committee- democratic ideals, beliefs and pro- question that program. I note that mail order muscle course, I kept swered together, as they are part man who was rammed down the there is no word in their .pro- grams .... wondering how much funnier it of an organized movement for throats of the duly elected dele- gram about supporting the na- would have been had Alexander totalitarianism in Demo cratic gates to that convention from Now, as to "the common effort tional platform of the Democratic Mackendrick or Henry Cornelius Party affairs in Texas. Bexar County, over their protest and constructive program behind Party .... had a hand in it. "Wee Geordie" To qualify in this debate may I and against their will and in vio- the leadership of Jim Lindsey" does have same lovely views of begin by saying that I have al- lation of state law, is in a poor They say they want to support which Mr. Peace offers. I remem- the Highlands and a superb comic ways supported the Democratic position to talk of common , hon- our Democratic platform adopted ber only too well that Mr. Lind- performance by Alastair Sim as Party. In 1948 I was state secre- esty and morality in dealing with in convention. I suppose that sey was parliamentarian of the The Laird, and Bill Travers, tary of the Texas Truman-Bark- the public .... If Mr. Peace has would also include resolutions infamous September convention, though he hardly appears to be ley Clubs and vice chairman of any regard for the democratic passed in convention. And the and that it was Lindsey who so prepossessing a specimen when the Democratic finance commit- process and is sincerely inter- May convention of the Demo- ruled that the Dixiecrat delega- stripped down to his Melbourne tee for Texas, and I also ran the ested in common honesty and cratic Party in 'Dallas adopted a tion from Harris County could regimentals as we had been led State Headquarters for the cam- morality, then he should resign resolution endorsing a party reg- vote on its own seating—and this to believe, does make a likable paign. In 1949 and 1950 I was and insist that the state executive istration system for Texas—and in face of the fact that the con- oaf as our hero. The show has, to vice-chairman of the Democratic committee replace him with Mr. there are bills in both the Texas vention under the control of Mr. use a term that is fast becoming finance committee f o r Texas Bernard Lifschutz, who w a s House and Texas Senate cover- Peace's faction had adopted the as overworked in the critical vo- which sponsored the Jeff erson- elected to the position in sena- ing this little item so vital to the rules of the House of Representa- cabulary as "cute" is in the ver- Jackson Dinners for those two torial district caucus twice at the future of the Democratic Party tives as the rules of the conven- nacular, charm — but not much years at which Sam Rayburn and September convention. in Texas, but not a single repre- tion and that the rules of the else. Alben Barkley were the speakers. People who work in Democratic sentative of the state Democratic House prohibit a member from The French film "The Silent In 1952 I was vice chairman of Party politics in Texas and con- executive committee showed up voting in a contest on his own World" is reassurance that the the campaign in charge of the tribute money for political work at either Senate or House hear- seating. Texas Stevenson-Sparkman fund ing. documentary can still divert, pro- know exactly what they are do- Mr. Peace sits on the state and administered the $5.00 Clubs viding the cameras are turned ing. There isn't a single contribu- Mr. Peace says: "As you know, Democratic executive committee upon something well worth in Texas. In 1956, though I offered tor who has written a check for the only reason Democrats in today only because his faction of my services to Mayor Tom Mil- watching. Here they are mostly the 'Democrats of Texas' who Texas have divided in past years the Democratic Party—with its scrutinizing marine life and the ler, who was state chairman of didn't know exactly to whom and is that state committee leaders pistolwhipping storm troopers to the campaign, and to Mr. Warren practitioners of that latest folk for what that money was being were not loyal to the national quell opposition—stole a Demo- Woodward, who was manager, I art, skin diving. The film borrows contributed. If Mr. Lindsey or party." I hate to disillusion any- cratic convention. It ill beh000ves the title of Captain Jacques-Yves was not asked to participate, so Mr. Peace can produce one single one who is so naive, but that is a him to lecture Democrats whose Cousteau's fascinating book on I worked in Travis County and person who will make an affida- lot of hog-wash. That is one of records of party fidelity and loy- we conducted a very successful the evolution of the sport and vit that he has contributed to the the reasons Democrats have di- alty and devotion equal if not Silver Shoe campaign ... makes use of Captain Cousteau `Democrats of Texas' under the vided in Texas, since treason is exceed his own. and some of his constant compan- In 1946 and 1947 I was on the assumption that he was contrib- so simple to oppose, but there are ions, such as Dumas and Falco, staff of the Democratic National uting to the state Democratic ex- a number of others equally im- The Democrats of Texas will as it goes about recording their Committee in Washington. It was ecutive committee or the official portant. There are some folks continue to perform the function underwater expenditions on be- there that I discovered that there Democratic Party organization, I who believe in Democratic pro- begun by the 'Democratic Organ- half of science, conducted this were possibly a couple of hun- personally will guarantee that he cesses enough to want to try them izing Committee, taken over by time in the Mediterranean off the dred Democrats over the country gets twice his money back with a out occasionally. And there are the Democratic Advisory Council good ship "Calypso." I think who worked in politics as a hob- public apology. I challenge, I defy some Democrats in Texas who and abandoned by the State Dem- things would have been better all by—giving all their spare time to them to produce a single such in- believe in things like extension ocratic Executive Committee— the way around had there been promoting the Democratic Party. dividual. of the minimum wage system to and that is to work in the vine- no attempt made to enliven a When I returned to Texas in the All of this political clap-trap all workers in industry engaged yard of politics to win converts straight factual presentation with fall of 1947 I was determined to and soft-soap about middle of the in, or affecting, interstate com- and make votes for the nominees some abortive attempts at show- do likewise, and I have spent the road and moderate course doesn't merce, raising the national mini- and platforms of the Democratic manship. Cartainly I experienced better part of the past ten years fool anybody. The Democratic mum wage to at least $1.25 an Party both nationally and in naught but pain when the crew giving liberally of my time to the Party in Texas is divided—and hour raising income tax exemp- Texas—and to work to keep the just happened to serve as narra- Democratic Party ... has been for the last twenty tions from $600 to $800 per per- Democratic Party the party of quacious Negro on the beach Now, as to the present state years—it is divided into two ma- son, repeal of the Taft-Hartley Jefferson, Jackson, Wilson, Roos- whose commentary, in dialect, Democratic executive committee, jor camps and the folks in. both law, federal aid to build schools, evelt and Truman—a truly demo- just happened to serve as narra- let's be frank and blunt. When camps know precisely where the support of the Southwest Power cratic party with a liberal pro- tion for a bit on the birth of baby the September convention, which cleavage comes .... Administration, extension of REA (Continued on Page 8) GALVESTON case a littte more." He indicated , More than a month ago, perhaps he could file only mis- Sheriff Paul Hopkins set off demeanor charges against the SLIPPERY PROSECUTIONS Salvatos. Then he said he might an intriguing chain of events By now, the wheels of justice not be able to file any charges that now has observers won- Report from Galveston room. Then a shot rang out, and were in motion. A visit by Mrs. at all because the club is "oper- dering : even if the law is en- Monceaux stumbled back,' a bul- Cooper and her attorney, Ray- ated by a corporation." Nearly a forced in Galveston County, On the New Law Team let hole through his lower chest. will those charged be brought mond MaGee, to county Judge week later, no charges had been to trial and successfully pro- Theodore Robinson resulted in a At the hospital where he was filed against either the Salvatos was particularly important to taken by two club employees in or employees of the club. secuted? continuance of that case. State gamblers because it might force Rep. Jean Hosey put in a call Oliver's car, Monceaux told an Part of the answer was given the company to discontinue all Monceau x, meanwhile, was from Austin to Justice G. P. investigating deputy sheriff his last week when liquor store-own- such service to county bookie getting along nicely at the hospit- Reddell at La Marque, and the own gun had gone off as he bent ing Justice of the Peace D. C. joints. al. Although some question as to case against Nelson and his em- down to pick up some poker Richards dismissed the vagrancy Judge Markle took the case un- the legality of his appointment ployees was continued. Chips at the club. Dist. Atty. Ben- charge against seven Kemah gam- der advisement. He indicated he son stopped at the hospital, then as a deputy constable had risen, he at least had no financial wor- blers without allowing the state Hosey began getting long-dis- wasn't sure the company was un- joined Oliver and DA investi- to present its evidence or call its tance calls from newsmen, and he aware of the use to which the gator Richard Franks—who had ries. The medical tab had been witnesses. did not take the case. It was machines were put. since chopped down another picked up by sympathetic bene- picked up by Magee and former factors—the Salvatos. This use of judicial power was Meanwhile, Rep. Hosey, co-au- door at the Cedar Oaks—for a chief Asst. Dist. Atty. Jules Da- the latest in a series of yet-unex- thor of a narcotics bill, succeeded visit to the Rodeo Cafe in Dick- miani. They got another continu- NEITHER OLIVER nor Ben- plained behind-the-scenes maneu- in getting a continuance from inson. ance for Nelson. With rumors son were through, however. The vers that started after Hopkins Justice Orra M. Richmond of a that Hopkins might go before the As they prepared to break o- constable, disregarding the slot closed down a brand-new broth- against Joann Owens, one of the grand jury anyway should the pen the doors at the Rodeo; machines still operating half a el near Texas City and charged pair arrested in the isle brothel. charge against Nelson be reduced the owner, Joe Salvato and his travelled 30 miles to Galveston Grace Cooper with operating a block from his service station, to a .midemeanor, the red-haired ON FEB. 25TH, Kemah's new attorney, R. Richard Thornton, ar- bawdyhouse. gambler was bound over to the constable, R. B. Oliver, secured rived. Oliver immediately "frisk- and vainly searched one of the A few days later, Hopkins and 23 local. machine distributors, a handful of search warants. Af- ed" Salvato as a crowd of his his men moved on the Boneta ter a conference with Dist. Atty. townsmen watched. Finding no- warehouses for slot machines. He Club on Kemah's neon strip, then warned seven of the Isle's Jim Kemp • Louis F. Benson, he left with his thing on Salvato or in his cafe, confiscated $10,000 worth of gam- new deputy, Curt Monceaux, a ' the vice-squadders called it a some *100 taverns engaged in bling equipment, arrested seven part-time dice dealer who re- night. gambling to have the slot and gamblers. on vagrancy charges, grand jury and rreecl on bond. signed as deputy, under ex-sheriff marble machines removed or go and lodged a felony gambling Charges against his employees Frank Biaggne during the scandal Next morning, after denying to jail. Neither event has occurr- charge against the operator, Wm. were transferred to Judge Rich- over "fees" that led to a bar rep- throughout the night to news- ed. E. (Red) Nelson. Orders to the men that he or any of his staff ard's court. rimand for attorney John Scott Gambling and club operators rest of Kemah's gamblers to close had been on or even knew of any Scoggins. have reportedly held a confer- up shop were quietly followed. Sheriff Hopkins next went into raid or shooting, Dist. Atty. Ben- ence to discuss what could be Moving onto the Island, Hop- court seeking an order to destroy At Dickinson, the pair entered son told a conflicting version of done about the situation. Fearing kins began tapering off its vice two Western Union receiving sets the plush Cedar Oaks Club long the event and announced he intervention by state officials, addicts by shutting down all but seized at the Boneta Club on before patrons usually arrive and "definitely will file charges of the gamblers reportedly decided four of some dozen white broth- grounds they were used to trans- demanded employees open a keeping a gambling house against to contact a few public officials els. Another was quickly closed mit race and game information locked door. Told they had no Joe, Mike and Pete Salvato." by the 'sheriff after local police for gambling purposes. key, Oliver went to his car, got in hopes of quieting things down. arrested two inmates on narcot- The Western Union fought the an axe and began chopping down As the days wore on, Benson So far, there hasn't been another ics charges. suit in. a two-day hearing which the door—which led to a store- said he would "have to study the peep.

alleges that no children were CITATION BY PUBLICATION reference is here made; All of which more fully appears born of said union and no com- If this citation is not served from Plaintiff's Original Petition LEGALS munity property accumulated; THE STATE OF TEXAS within 90 days after date of its on file in this office and to which reference is here made; Plaintiff further prays for gen- TO W. A. Little, Pauline Shel- issuance, it shall be returned un- NOTICE OF INTENTION TO eral relief; served. WITNESS, 0. T. MARTIN, If this citation is not served don, Pauline McFarland, Robert within 90 days after date of its is- INCORPORATE All of which more fully ap- Giddings Sheldon, R. G. Sheldon, JR., Clerk of the District Courts THE STATE OF TEXAS pears from Plaintiff's Original of Travis County, Texas. suance, it shall be returned un- Charles A. Newning, J. W. Han- served. COUNTY OF NUECES Petition on file in this office and nig, Simeon J. Drake, James R. Issued and given under my Notice is hereby given of the to which reference is here made; hand and the seal of said Court at WITNESS, 0. T. Martin, Jr., Sheldon, if living, whose places of Clerk of the District Courts of intention of Gulf Beverage Corn- If this citation is not served residence are unknown to plain- office in the City of Austin, this pany, 1515 North Tancahua, Cor- within 90 days after date of its the 18th day of February, 1957. Travis County, Texas. tiff; and if dead, the legal repre- MARTIN, JR., Issued and given under my pus Christi, Texas, to incorporate issuance, it shall be returned un- sentatives of each of said named 0. T. under the name of Gulf Beverage served. Clerk of the District Courts, hand and the seal of said Court at defendants, and the unknown Travis County, Texas office in the City of Austin, this Company with the same mailing WITNESS, 0. T. MARTIN, JR., heirs of each of said named de- address. Clerk of the District Courts of By GEO. W. BICKLER, Deputy the 21st day of February, 1957. fendants; the legal representatives 0. T. MARTIN, JR. T. G. GLISPIN, d/b/a Travis County, Texas. of the unknown heirs of each of Issued and given under my Clerk of the District Courts, Gulf Beverage Company said defendants, if the unknown Travis County, Texas hand and the seal of said Court at heirs of said named defendants CITATION BY PUBLICATION office in the City of Austin, this By GEO. W. BICKLER, Deputy are dead; the unknown heirs of THE STATE OF TEXAS NOTICE OF INTENTION TO the 8th day of March, 1957. the unknown heirs of said named 0. T. MARTIN, JR., TO Eddie Joe Wesley Defend- CITATION BY PUBLICATION INCORPORATE defendants, if the unknown heirs ant, in the hereinafter styled and The State of Texas Clerk of the District Courts, of the unknown heirs of said THE STATE OF TEXAS Travis County, Texas named defendants are dead; De- numbered cause: To Elvis L. Floyd, Defendant in County of Harris By GEO. W. BICKLER, Deputy Notice is hereby given of the fendants in the hereinafter styled You are hereby commanded to the herinafter styled and number- intention of The Best Tool Corn- and numbered cause: appear before the 98th District ed cause: You are hereby com- pany, 7911 Airline Drive, Hous- THE STATE OF TEXAS Court of Travis County, Texas, manded to appear before the 126th You (and each of yob are here- I to bee at e courthouse of ton, Texas, to incorporate under To any Sheriff or any Constable by commanded to appear before District Court of Travis County, said county in the City of Austin, Texas, to be held at the court- the name of The Best Tool Com- within the State of Texas— the 98th District Court of Travis Travis County, Texas, at or before pany, Inc., with the same mail- GREETING County, Texas, to be held at the house of said county in the City 10 o'clock A. M. of the first Mon- of Austin, Travis County, Texas, ing address. You are hereby commanded to courthouse of said county in the day after the expiration of 42 The Best Tool Company cause to be published, ONCE, not City of Austin, Travis County, at or before 10 o'clock A. M. of days from the date of issuance the first Monday after the expira- less than ten days before the re- Texas, at or before 10 o'clock A. hereof; that is to say, at or before, TO WHOM IT MAY CONCERN: turn day thereof, in a newspaper M. of the first Monday after the tion of 42 days from the date 10 o'clock A. M. of Monday the 8th of issuance hereof, that is to say, Notice is hereby given that printed in Travis County, Texas, expiration of 42 days from the day of April, 1957, and answer the Richard E. Tumlinson, Martha the accompanying citation, of date of issuance hereof; that is to at or before 10 o'clock A. M. petition of plaintiff in Cause Monday the 22nd day of April, Lane Tumlinson, Jack B. Butler which the herein below following say, at or before, 10 o'clock A. M. Number 106,200, in which Douglas and Mozelle Ann Butler, doing is a true copy— but if there be of Monday the 8th day of April, 1957, and answer the petition of W. McClendon and wife, Ina Mc- plaintiff in cause Number 106.433, business under the firm name of no newspaper so printed in said 1957, and answer the petition of Clendon are Plaintiffs and Eddie Tumlinson & Butler Tile Co., in- county, then that you cause the plaintiff in Cause Number 106,252, in which Dorothy Horton Floyd 0. Metcalfe is Joe Wesley, Clyde Raymond Mc- is plaintiff and Elvis L. Floyd tend to incorporate such firm said citation to be posted for at in which Marlton Kinney, Jr., and wife Gladys Ola without a change of the firm least TEN days before the return Plaintiff and all the persons to is defendant, filed in said Court McKinney are defendants, filed in on the 5th day of March, 1957, and name. term thereof as required by law). whom this citation is addressed said Court on the 8th day of Feb- TUMLINSON & BUTLER CITATION BY PUBLICATION are Defendants; filed in said Court ruary, 1957, and the nature of •the nature of which said suit TILE COMPANY on the 14th day of February, 1957, is as follows: THE STATE OF TEXAS which said suit is as follows: Being an action and prayer for By Richard E. Tumlinson and the nature of which said suit Being an action and prayer for Martha Lane Tumlinson TO all persons interested in the is as follows: judgment iin favor of Plaintiff estate of Don Carlile, A Minor. judgment in favor of Plaintiffs and against Defendant for decree Jack B. Butler Being an action and prayer for Mozelle Ann Butler No. 16,301, County Court, Travis and against Defendants for title to of divorce dissolving the bonds County, Texas. W. H. Carlile, judgment in favor of Plaintiff and and possession of the following of matrimony heretofore and Guardian thereof, filed in the against Defendants for title to described property, to-wit: The now existing between said par- CITATION BY PUBLICATION County Court of Travis County, and possession of the following West fifty-five (55) feet of Lot No. tis; Plaintiff alleges cruel treat- THE STATE OF TEXAS Texas, on the 7th day of March, described lands situated in Travis Six (6) and the East ten (10) County, Texas, to-wit: Lot No. ment on the part of Defendant TO Gloria Smith Defendant, in A. D. 1957, his Final Account of feet of Lot No. Eight (8), Block toward her of such nature as to the hereinafter styled and num- the condition of the Estate of said Six (6), Block No. Twenty-eight "N", of Violet Crown Heights, (28), the Swisher Addition to render their further living to- bered cause: Don Carlile, A Minor, together Section One (1), in Austin, Travis gether as husband and wife alto- You are hereby commanded to with an Application to be dis- the City of Austin, according to County, Texas; the map or plat of record in Vol. gether insupporable; Plaintiff appear before the 53rd District charged from said Estate. Plaintiffs allege that on July 5, further alleges that no children Court of Travis County, Texas, Said Final Account and Appli- 2, Page 158, of the Plat Records of 1951, they entered into a sales Travis County, Texas; and Lot No. were born of said union and none to be held at the courthouse of cation will be heard and acted on contract with defendants Eddie adopted and no community prop- said county in the City of Austin, by said Court on the first Monday Four (4), in Block No. "B-5" of Joe Wesley and his then wife, Sweetman's Addition to the City erty acquired; Plaintiff further, Travis County, Texas, at or be- next after the expiration of ten Mildred Wesley, for the sale of prays for restoration of her for- fore 10 o'clock A.M. of the first days from date of Posting or Pub- of Austin, according to the map said premises and did deliver pos- or plat records in Vol. 1 Page 58, mer name Dorothy Horton, and Monday after the expiration of lishing this citation, the same be- session of such said premises to for relief general and special; 42 days from the date of issu- ing the 1st day of April, 1957, at of the Plat Records of Travis said Wesleys; that thereafter on County, Texas; All of which more fully appears ance hereof; that is to say, at or the Courthouse thereof in Austin, Jan. 16, 1952, said Wesleys entered from Plaintiff's Original petition before, 10 o'clock A.M. of Mon- Texas, at which time and place Plaintiff alleges that he is the into an. oral agreement to sell, on file in this office and to which day the 22nd day of April, 1957, all persons interested in the Ac- owner in fee simple of the above transfer, convey and assign all reference is here made; and answer the petition of plain- count for Final Settlement of said described lands, claiming title to their right, title and interest and If this citation is not served tiff in. Cause Number 105,590, in Estate are required to appear by the same by virtue of the five, equity to plaintiffs and on said within 90 days after date of its is- which Willie Smith is Plaintiff filing a written answer and con- ten and twenty-five year statute date plaintiffs went into actual suance, it shall be returned un- and Gloria Smith is defendant, test said account and application of limitation and that on Feb. 14, possession of said premises and served. Witness. 0. T. Martin, Jr., filed in said Court on the 16th should they choose to do so. 1957 he was in possession. of the made valuable and permanent im- Clerk of the District Courts of day of Nov., 1956, and the nature The officer executing this writ above described lands and that provements on same, and there- Travis County, Texas. Issued and of which said suit is as follows: shall promptly serve the same ac- thereafter on Feb. 14, 1957, de- after on Feb. 1, 1954, defendants given under my hand and the Being an action and -prayer for cording to requirements of law, fendants unlawfully entered upon Eddie Joe Wesley, Clyde Ray- seal of said Court in the City of judgment in favor of Plaintiff and the mandates hereof, and and dispossessed him of said lands mond McKinney, Jr., and wife Austin, this the 6th day of March, and against Defendant for decree make due return as the law di- and withhold from him the pos- Gladys Ola McKinney, entered 1957. of divorce dissolving the bonds rects. session thereof, thereby casting a upon said premises and dispos- 0. T. MARTIN, Jr. of matrimony heretofore and now Given under my hand and the cloud on Plaintiff's title to said sessed plaintiffs thereof and with- Clerk of the District Courts existing between said parties; seal of said court at office in lands; Plaintiff further prays for hold from them the possession Travis County, Texas Plaintiff alleges cruel treatment Austin, Texas, this the 15th day judgment removing cloud from thereof to plaintiffs' damage in By Ge..). W. Bickler, Deputy on the part of Defendant towards of March, A.D. 1957. title, for costs of suit and relief, the sum of $1,500.00, for which All of which more fully appears him of such a nature as to ren- EMILIE LIMBERG general and special; they pray judgment of the Court; der their further living together Clerk of the County Court, All of which more fully appears Plaintiffs further pray for costs THE TEXAS OBSERVER from Plaintiff's Original Petition of suit and for relief general and as husband and wife altogether Travis County, Texas March 19, 1957 insupportable; Plaintiff further By M. EPHRAIM, Deputy on file in this office and to which special; Page 7

tion of the U.S. Communists' con- vention that they would help the NAACP in its fight for desegre- The Case for Se • regation gation and "complete equality." Debate Scene Negroes in "my good old Har- (The setting for the first AUSTIN i quire organizations advocating the evening that Atty. Gen. Her- rison County" are "securing their full-dress legislative debate on Hall Timanus, Houston integration to register with the bert Brownell and Vice-President homes, fine and nice automobiles, segregation was the House conservative and chairman of Secretary of State and list their Nixon have addressed ADL. Said owning their property," Huffman chamber last week (see page the legal subcommittee that sources of income. Schwartz: "No more slanderous said. one). Parking spaces on the drafted the basic segregation remark can be made than 'to say He said anyone refusing to say He blamed "knaves, do-gooders, capitol grounds were filled; legislation at the request of that (an organization) is on that if he was in the NAACP would fuzzy intellectuals, honest but the seats in the chamber were Gov. Allan Shivers, said a list.") be fired but could appeal to a misguided clergy, and radical filled. There was no segrega- purpose of the Governor's Chapman distributed copies of court; if the judge found he was journalists" for the integration tion, Negro sitting beside Advisory Committee had a news story from the Shreve- not in the NAACP, he could furore. He said the NAACP was white. The proponents of the been to prevent forced inte- port Times quoting a "Negro ex- work for a public agency again. "the brainchild of scalawag jour- bills led off, then the oppon- gration. communist" that Rep. Martin Lu- "What's fairer than that?" he nalists and a Russian revolution- ents were heard, and finally ther King, Alabama, is taking his asked. The group "took cognizance" of ary" and that its president, the proponents closed. It took people "down the road to 'vio- The NAACP, he said, is "un- the Supreme Court decision. chairman, 11 of its vice-presidents five hours, from 8 o'clock at lence, bloodshed, revolution,' and American and un-Texan." "This opinion was in effect an and 28 of its directors had "rec- night until just before one in possible communism:" Chapman Leading off closing argument amendment to the Constitution ords of affiliation and participa- read through six paragraphs the morning.—R.D.) ... by judicial fiat," he said. It tion in communist, communist for segregation, a Baptist evan- along this line but did not reach gelist, Rev. W. H. Buchanan, de- held "only that a state may not front, and subversive organiza- the paragraph quoting the same clared: change their views. They were deny to any person because of tions .... communist and left- witness saying: "I am not saying race admission to any school wing." "I would never say one thing influenced by "the communists King is a Communist. But he is that might cause dissention and which it maintains, directly or He said the communist pro- and the NAACP." doing the Negro people a consid- strife and turmoil." Unless the indirectly," and that the Constitu- gram is full racial equality, seg- Closing for the group was Rep. erable harm." segregation bill passes, "mongrel- tion does not require integration, regation's end, and integration of Jerry Saddler explaining his , (Later, W. Astor Kirk, a Negro ization and deterioration and ob- but merely "forbids discrimina- "waiting rooms, restaurants, ho- HB 65 to require local elections teacher in an Austin college, livion is the desert that you and tion." Segregation, he concluded, tels, and theaters," and that the on petition of 20 percent of the mentioned he had studied abroad. I. . will get." can be retained "on a voluntary NAACP wants this, too—that its voters before integration can Chapman rose subsequently to "God help us tonight. God basis." program is "identical with the proceed, he said in part: wonder if he had studied "in made me white, and he made the The group proposed school communists." This, he said, would MoscoW." There was some hiss- "I promised my father on his Negro black." death bed that I would represent boards be required to return to bring about "simmering ever'- ing. Kirk was a Fulbright fellow "The NAACP will not stop those Negroes (in his district). A segregation if they had inte- body down to a slow brown and studied in England.) short until the bedroom of white gravy a mongrelized, demor- hundred Negroes in Anderson grated, hold an election (but only Rep Reagan Huffman, Marshall, America is thrown open.... God on petition of 20 percent of the alized, degenerate race of people." explained his HB 32 to make it County took the name of Sadler help us tonight." when my grandfather freed the voters) ' before integrating, be de- Would Southerners be "yellow- unlawful t o employ NAACP Col. James McNeese of Dallas, slaves." nied state funds for students inte- bellied," he inquired, or would members in any state, school, whom Chapman introduced as grated without elective permis- they "stand up and fight for our county, or municipal job. His bill "is merely a local op- having "worked on the problem," tion bill." He is "for integration." sion, and required to assign stu- Anglo-Saxon heritage"? He noted a press clipping that said: The Supreme Court decision dents to segregated schools on a He observed the Anti-Defama- the Moscow communists told the Many had heard the story of was based on "the ideoddity of an "tentative" basis, Timanus ex- tion League "has been on the At- American communists "to inten- the Tower of Babel. "The Lord plained. Further, said, "Any child torney General's list for years sify the efforts to infiltrate .... American marxist and 16 com- never condoned confusion of the munist - dominated individuals might be exempted from compul- and years." Later he returned to the labor unions and NAACP in flesh." Integration will lead to sory school attendance." A tui- Myrdal, Kobinsky, Sobosky, the mike to say: "I might be America." He noted another press fraternization and "infect the sin- tion grant plan was proposed. and these other 16 admitted com- wrong that the ADL was on the report that a California student ews of the races." Rep. Alonzo Jamison asked Ti- subversive list, it might be the fund dead from suicide had in munists .... 16 known commun- mantis: "Did the Supreme Court ADA." (Neither group is. Rep. his room "a blueprint of how to The Supreme Court followed a ists." This concluded the presentation hold that where there are separ Babe Schwartz, Galveston, point- infiltrate the NAACP by com- book by a Swedish socialist. They ate schools, there is discrimina- ed out to the committee late in munists." Finally he cited the ac- "might read another book" and of the segregationists. tion?" Timanus replied that "where the force of law was ap- plied to maintain schools of that nature, (the court held) yes, that The Case Against Segregation many interesting memories" of it was." Rev. Das Kelly Barnett, because it permits possible fric- have human rights? Who sets Robert Cargill, chairman of the tion as an assignment factor. The themselves up as judges .... his youth iri Harrison County. "It professor of Christian ethics is just impossible for me to be Texas Referendum Committee at the Episcopal Seminary of courts hold that although there "God is our Father. Christ died which sponsored the summer ref- is disharmony, "certain . rights for the redemption of all men. content with the pattern of rela- the Southwest, speaking for tions because of the experiences erendum issues, said 800,000 peo- himself, led off the opposi- will be protected," he noted. Does There is a brotherhood of all men ple voted for them, with the final the bill mean, he asked. that "a or there should be. I've had, because of the places tion. I've been .... because of my un- ratio four-to-one. First he objected to bills mechanic's son must be a me- " 'What we do to the least of Rep. Virginia Duff, Ferris, ex- chanic, a cotton farmer's son these, His brethren, we do to derstanding of what we call the limiting "the right of any American dream," he said. plained her HB 231 requires a minority group to petition must also be trained in the man- Him'." "more flexible and selective pro- for grievances felt .... It is ner his father is accustomed to?" "There will be integration in Claude H. Ross, speaking for no cedure" in pupil assignment. She a Texas right. This whole at- Home environment, social and heaven, and also in hell, and the board of Christian social re- said people with fewer contacts tempt to smear the NAACP psychological relationships, are legislature can change that." lations of the Texas Southwest St. with Negroes have "less under- . • • • this communist smear, bases for "admission to a frater- Rev. Nelson Patterson of Conference of the Methodists, standing of the necessity and ad- is an old trick. Communists nity or sorority" but not to "a Joseph's African Methodist Epis- said Thomas Portwood, San An- vantages of segregation." wear pants, so do we, so we democratic education," he said. copal Church said his three chil- tonio school superintendent, Section 4 of her bill requires are communists...." Enforcement of such a law in dren would be prevented from at- urged the legislators, "Just leave local boards to consider such He said of Rep. Duff's bill set- good faith would produce "a tending the integrated school us alone." Negroes are playing items as academic preparation, ting up many qualifications for stratified 'class society." Not en- they now attend in San Antonio football for Brackenridge and relative intelligence, mental en- pupil assignment, there are "not forcing it—"excluding a colored by the Duff bill. He said that his Jefferson high schools, Longfel- ergy, psychological qualifications, enough objective tests in modern doctor's son and admitting the middle son scored the highest IQ low junior high has a Negro class the possibility or threat of fric- education" to administer them, white sharecropper's son"—would ever scored in the third grade of president, and Negroes are in 30 tion on pupils or others, the nor could schools finance them. make it void on its face, he said. the school and is mayor of his ex-white schools in San Antonio, threat of economic retaliation, "This is just saying that Negro The bill letting the state pay for class, his eldest son is the only he said Portwood said. home environment, morals, con- children are not going to white private education for integration Negro in the sixth grade and is Dr. Blake Smith, pastor of the duct, personal conduct, sex and also class mayor, and his baby, in schools, that's all there is to it— objectors is also "unconstitu- University Baptist Church in other factors, she said. this educational gobblygook is tional on its face," he said, be- the second grade, was to attend Austin, said there are 25 or so "Nowhere in the bill is one to just nonsense." cause the state requires the ob- a non-Negro's birthday party Negroes in his church and that be denied the transfer or assign- If such tests of psychology and jectors be educated only in "ap- Sunday. their integration in choir, drama, ment because of race or color," environment were administered proved schools which are segre- Robert C. Eckhardt, speaking Sunday school, and church sup- she said; therefore, she con- fairly, "in East Texas they would gated and accredited by the state for the Texas State CIO Council, pers has worked "perfectly beau- cluded, it is constitutional. fire people" who did it, he said. .... This is state action on the attacked the bills barring NAACP tifully" because it had been as- Rep. Mays has HB 235 provid- It would "defeat" segregation to face of it. The money is coming members from public employ- sumed "that this thing is Chris- ing anyone can withdraw from enforce the bills, he said. from the state and control is by ment and making integration ad- integrated schools, and the state He said he is a six-generation the state." vocates register as assaults on tian."He said the author of HB 231 will pay to parents or guardians Southerner. His grandfather was Rep Frates Seeligson, San An- freeDisagreement speech. does not mean an said its intent was to preserve the same sum of money which wounded with Lee. "I had to tonio, wondered why "we were segregation and that therefore the would otherwise be paid to the choose between my grandfather blessed with nine men so much opponent is "a communist or a "whole matter becomes a subter- local school district for the child. and Jesus Christ, and I chose Je- smarter than all their predeces- rascal or a scoundrel," he said. "No child, white, nigger, or other- The NAACP bill would deprive fuge?" sus Christ," he said. sors." "I will not openly oppose its members of constitutional "Whenever legislation is passed wise," would have to go to in- Maco Stewart, University of the court or ridicule it as a mem- that is at rock bottom dishonest tegrated schools, he said. Texas law student, spokes as a ber of the bar," Stewart replied. rights in the absence of "clear ... and doesn't say what it's real- Then came Joe Chapman, rep- representative of the Young Dem- Monsignor James M. Boyle, St. and present danger" which would ly intending, that gentlemen is resentative from Sulphur Springs ocratic Clubs of Texas, which Peter Prince of Apostles Church, justify such action. basic dishonesty," said Dr. Smith. and the author of HB 239 to re- Freedom of thought, he said, have "urged compliance" with San Antonio, and speaking also "Let your yes be a yes and your quoting a court authority, is also the Supreme Court decision. for Archbishop Robert E. Lucey, no a no." He noted the legislators' oath San Antonio, and the Catholic "freedom for the thought which Leslie J. White, executive sec- solemnly swearing to "preserve, Interracial Council of the Arch- we hate." r etary of the 8,000-member Teach- The Stump protect and defend the Consti- diocese of San Antonio, said: Trent Cheyney, speaking for ers State Association of Texas (Continued from Page 6) tution and laws of the United "If you will bear with a 'fuzzy- the Bexar County Young Demo- (for Negro teachers), opposed re- crats, said the bills are "crucify- But we have no intention of States and of this state." He said minded, misguided, but honest' quiring teachers to quit the NA- ing the Negroes on the cross of turning over to John Peace and the court decision is "the law of member of the clergy: ACP as violative of "the funda- Jim Lindsey and Jake Pickle the the land ... you have sworn to "Let me anticipate a question our own hypocrisy, stuffing them mental democratic principles." future of the Democratic Party in defend" and concluded: "It is first. We did not take a vote of in the coffins of our own guilt." With this the opponents rested Texas for them to wheel and deal your clear duty to vote against the Roman Catholic Church on Responding to Rep Huffman's their case. as they have done on the Pool any measure which will subvert this. The Catholic Church is not point about Harrison County's bill. the laws of the United States." a democracy .... tranquility, Kirk, a teacher of po- CREEKMORE FATH He said Rep. Duff's pupil as- "Are the Negro people human litical science at an Austin Negro THE TEXAS OBSERVER Austin signment bill is "void on its face" being at all? If they are do they college, said he "could relate Page 8 March 19, 1957