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August 15,1969 Twenty-Five Cents A Journal of. Free Voices A Window to the South The Texas Observer The Austin Strangler Austin Land Cmsr. Jerry Sadler's startling as- SADLER said he executed a con- veloped, Sadler has come to deny that sault on Rep. Jake Johnson, San Antonio, tract with the company last December there was in fact a contract. compounds the commissioner's burgeoning providing that Platoro and the state would Secretary of State Martin Dies, Jr., Gov. problems with others in state government. go 50-50 on the treasure recovered. There Preston Smith's top appointee, has asked a The incident has dramatically raised yet is grave question that the commissioner legal opinion on the matter from Atty. again the question of the propriety of had legal authority to enter into such an Gen. Crawford Martin. Sadler's dealing with an Indiana firm (Obs., arrangement; further, as matters have de- Against this undulating background of June 20) in recovery of treasure in sub- merged state lands off Padre Island. Since the adjournment of the regular session of the Legislature the matter of the sunken treasure, lying in some 30 feet of water not far off the Texas shoreline, has been characterized largely by a lawsuit that was filed in Corpus Christi to question the extent of Sadler's authority in the matter. The commissioner is operating in a void in Texas law; the state has no antiquities code providing for recovery of lost treasure, or of anything of archeological or historical value. Since the treasure rests on Texas' tide- lands (extending from the shoreline 10.35 miles into the gulf) Sadler contends he is custodian of the booty, since state law names the land office to regulate the tidelands for the benefit of the Permanent Free School Fund, which helps support public education in the state. However, the commissioner's authority is limited to pro- ceeds from oil, gas, and sulphur; gold and silver specifically are excluded, by statute, from his control. Further, out-of-state firms must apply to the secretary of state for permits to do archeological work in Texas. The permits are not routinely granted but are issued only after that state official makes a determination as to the specific work intended. Platoro, Inc., the Indiana salvage firm in the case, has never sought a permit from the secretary of state. Further, it was not licensed to do business in Texas until March of this year, though its treasury recovery operations to date occurred in the 412011111=. last four months of 1967. events the Legislature convened last week, Austin loaded with some portion of what with the three members of Judge Marti- perhaps to consider, eventually this month, had been the company's share of the neau's commission. Meanwhile, in another an antiquities code that would clarify the treasure. Dist. Judge Paul Martineau named part of the building, newsmen were gather- extent of state officials' responsibilities in a three-member commission to make cer- ing, joined in time by Johnson and Rep. such cases and provide guidance for the tain investigations and report back to him. Frances Farenthold, Corpus Christi. These recovery of treasure and historical lore. Originally named to the commission were two had been named by Cavness last spring Such a code was wending its way through Attorney General Martin, Dept. of Public to serve as part of a subcommittee to study the Legislature this past spring when, it Safety director Col. Wilson Speir, and Ed- the antiquities code bill that the Legisla- appears, Sadler, or a key ally or two, ward Harte, publisher of the Corpus Christi ture was considering. Both Johnson and intervened to stop the code's passage, as Caller-Times. All three men asked to be Mrs. Farenthold say they had, the day reported in the June 20 Observer. excused from serving. Martineau thereupon before, asked and received from Kilgore After adjournment of the special session named a new commission: former Valley permission to be .on hand when the com- a suit was filed at Corpus Christi to test the Cong. Joe Kilgore, who now is an Austin mission saw the treasure which, by then, extent of the land commissioner's author- attorney; Rep. Don Cavness, Austin; and had been secured in a locked-up part of the ity in the case of the sunken treasure. The Dr. W. W. Newcomb, director of the land office building. suit was brought by the district attorney of University of Texas Memorial Museum. Nueces, Willacy, and Kenedy counties and The commission's visit to the land office Johnson, on entering, noted the pictures the county attorneys of the latter two was the occasion on which Sadler and along one wall of the room of past land counties in behalf of two men interested in Johnson had their run-in. Both men have commissioners. He pointed out that there conservation — Robert Bluntzer, Sr., and been very much at odds over the propriety was one missing, that of Bascom Giles, who - Dr. Henry Hildebrand. Both men are mem- of the land commissioner's actions in the served as head of the land office from 1939 bers of the Nueces County Historical So- treasure case. This day evidently was their to 1955, being sent to jail at the end after a ciety. first face-to-face meeting since the contro- trial arising out of the veterans' land Court proceedings in the case were held versy arose. scandals. "That all began when some legis- one day early in July. The weekend before lators started asking some questions," that two trucks dispatched by Sadler to THE DAY began early for official Johnson noted archly; going on to wonder Platoro's offices in Indiana arrived back in Austin, at 8 a.m. At that hour Sadler met aloud if there might be a parallel between 7exad' Va74de 7axatieuit P‘itado, Austin pant at the Capitol these days is Atwell's anti-business tax argument would be to The move afoot once again to put the incredible proposal that a business tax be knock off all business taxes altogether and burden of increased taxation on the con- cut — the gas tax, which Atwell proposed make all taxes consumer taxes. sumers of Texas is manifestly unfair. How be reduced by $1.2 million a year by It just seems that that's the way things much longer will the state continue to let exempting gas used in oil fields. are these days in Texas. its corporations shirk paying their fair The conclusion is inescapable: the Smith share of public expense? Liberals and administration and the Legislature's leaders moderates in the Senate should unite to have convinced themselves that the voters 2)opte resist this cynical and callous attempt to don't give a damn what sort of taxes are persist in the old ways of doing things in voted. They believe they can get away with Governor Smith is to be congratulated Austin. this and not suffer at the polls next year. for raising the question about auto insur- Gov. Preston Smith had let it be known . Past evidence (in particular, the estab- ance rates. There is some thought this fuss that his recommended tax package would lishment of the state sales tax, and its he's making is a tactical move to keep be about evenly divided between consum- repeated increases and extensions, and the down the criticism of those who don't like ers and corporations. Even that would have overwhelming adoption of the city sales his new tax recommendations. But, at been unfair, in view of the burden that tax by local elections across the state) least, a Texas governor has raised, at last, long has been placed on individuals to the indicates that, sadly, the taxers of consum- some good questions about something exclusion of business firms in paying the ers may be right: they just might get away which, like the state's taxation policies, increasing costs of Texas government. The with it. The sales tax is not that noticeable, badly needs reform. joke around Austin now current about the being paid a few pennies at a time; where- fiscal situation is that Smith promised a as, a state income tax, for example, would 50-5-0 tax package, but what he meant was be more noticeable to the voters. that for 50 years consumers have paid the Still, there are signs the voters of the "it 944d Wald taxes and business has been let off, and state are coming to realize the fact that A good word, too, is due the state's now for the next 50 years we'll let business they are paying a disproportionate share of daily press, which has done a splendid job off the hook and have the consumers pay supporting Texas government. That is the of keeping the heat on Land Cmsr. Jerry the taxes. reason the sales tax was not raised during Sadler and his questionable dealings with As it was, the governor's package came the regular session earlier this year. Platoro, Inc., in the recovery of the sunken out 91-9. And, incredibly, there have been Liberals, and others in the Senate who treasure off Padre Island. There have been lobbyists around the Capitol who are bitch- realize that Texas' taxing policy is grossly signs in recent months that the state's big ing about the nine. Rep. Ben Atwell, the unfair, must band together to stop this papers are trying to do a better job, to act Dallas conservative who heads the com- extension of injustice.

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