The Texas Observer An Independent-Liberal Weekly Newspaper A Window to the South

Volume 52 TEXAS, AUGUST 5, 1961 15c per copy Num be'r 18 . Eckhardt vs. Lane Tax Question Long Day's Journey Into Night Controversy Stirs To Conference, Fight to No Avail, Deadline Nears On Pipeline Issue AUSTIN Lane Bill Succeeds Rep. Charles Sandahl, au- AUSTIN bill is probably unconstitutional thor of $5-deductible sales tax AUSTIN better than "trying to interpret Sen. Wardlow Lane of Cen- anyway. bill- (HB 20), promptly greeted Sen. Henry Gonzalez of San the one they sent over from the ter and Rep. Bob Eckhardt of At stake is an estimated $18.5 Antonio waged an eight-hour House. I admit it's a vicious tax. k the 25-cent deductible version Houston became involved this million which the tax is expected filibuster in the upper house That's why we made it tempo- week in a sharp debate over to net. (The original estimate was that returned from the upper this week, and when it was rary. the constitutionality of the tax $24 million.) But at the heart of house Thursday by moving over his colleagues filed back "I exempt I should say we ex- on dedicated reserves of nat- the controversy is the historic that the House not concur, thus in, as casually as farmers re- empt—utilities used by farmers ural gas. conflict between House and Sen- throwing the tax question into turn to the fields after a trou- as we did for manufacturers last Eckhardt contends that Lane's ate over the search for a consti- blesome summer's shower, to time." a House - Senate Conference tax-writing subcommittee made tutional approach to gas pipeline approve a two percent general Sens. Babe Schwartz of Galves- the pipeline tax unconstitutional taxation, one of the crucial legis- committee, where everybody sales tax. ton and Abraham Kazen of La- by adding to the House version lative issues in recent Texas his- expected it to land anyway. a "non-severability clause"— a tory. Both the 1951 gas-gathering Sandahl's motion won House clause at the end which provides tax and the. 1959 severance bene- approval by a vote of 97-43, and Willie Morris ficiary tax were struck down the anti-sales-taxers claimed some The vote on final passage for after prolonged litigation. faint achievement in thus getting Sen. Wardlow Lane's $360 million The liberal-controlled House tax the committee started immediate- tax package, which also includes committee voted Thursday to seek ly, because every minute gained an increase in the present one- legal opinions from the attorney was a minute to stave off any pos- factor corporate franchise tax and general on the constitutionality sible last-ditch acceptance of the a gas pipeline tax which advo- of both the House-approved and Senate bill. cates contend was made uncon- the Senate-approved bills. "By the House conferees will be led by stitutional, was 20-10. redo offered as amendments sepa- inclusion of the non-severability Charles Ballman, with other mem- In so acting, the conservative- rate $10 exemptions on clothing. clause," Eckhardt told the panel, bers being Minton 'Murray, Bob dominated Senate spurned a "There's no difference between "we must look carefully into every Eckhardt, Don Kennard, and San- House-approved package based on what the white collar worker that if only one section of the segment of the bill we passed. dahl. Senate conferees are ex- a $5 deductible sales tax'. With wears to work and what the fac- pipeline tax is declared uncon- The Gibbens amendment, though pected to be the same group that the session ending Tuesday, the tory • worker wears," Schwartz ar- stitutional in the courts, the en- Pm sure it was offered in good stymied the conference in the tax question now goes to confer- gued. "At least we can say we tire bill is unconstitutional. faith, is inadroitly drawn and of regular session, led by Wardlow ence committee and the spotlight passed a bill out of here with a He argues that an amendment questionable validity. Railroad Lane and Dorsey Hardeman. again falls on a closely-divided real clothing exemption on it." to the bill by Rep. Wayne Gibbens Cmsr. Murray, the experts on the The conference committee is to House of Representatives. "Nowhere in this bill is there of Breckenridge, added on the attorney general's staff, and meet over the weekend, and Lane, the long-time conserva- a definition of work clothes," Ka- floor of the House, was of ques- TIPRO officials agree. whether it will emerge early next tive from Center, was in total con- zen said. "It says 'outer wearing tionable validity, but the entire "I don't want to get into any week with a tax package that can trol, and the tiny band of rebels apparel.' That means your • sox bill was protected from uncon- fight with Wardlow Lane or the attract a majority vote in the —principally Babe Schwartz, Ab- won't be exempt, your under- stitutionality because the House Senate," he said. "I just want a House is the big question of the raham Kazen, Bill Patman, Doyle clothes won't be exempt. They did not include a non-severability constitutional gas tax." hour. Last time the House staved Willis, Culp Krueger, and Gon- say belts will be taxed. Well, what clause. The Houston liberal was not in off the sales tax, 71-70, in the dy- zalez—fought the bill on the floor are you gonna hold up your pants Lane argues (see separate story such a peaceful mood Tuesday ing moments of the regular ses- to no avail. on the Senate floor debate) that morning, however, after the Sen- sion. with ?" the Eckhardt-authored bill was ate tax package had been favor- The first special session ends at Exemptions Beaten Lane rebutted with his usual accepted by the Senate tax com- ably reported out to the floor by midnight. Tuesday, August 8. The Lane, chin jutted forward, a sharp tenacity. "I'm sure this bill's mittee exactly in its original form. the Senate state affairs commit- conferees will probably report perpetual scowl on his face. told got things in it everybody wants But he adds that the non-sever- tee. (See separate story.) Rising sometime Monday. the Senate the sales tax portion to take out. If you put this amend- ability clause was placed at the on personal privilege, he said: Last time the Senate negotia- of the bill "represents a lot of ment on, you get in the same pre- end to protect the independent "I want to give the House the tors refused to budge on their give and a lot of compromise. dicament the House over there gas producer from being taxed most direct information on what straight sales tax-based package. Everybody's had to give some- got into. Everybody'll be taken under the measure if the sections has been done. If what has been There was widespread pessimism thing. I had to give a lot." care of, but you just don't raise on the pipelines are stricken in done was by inadvertance, it can in the House at week's end that The one-factor corporate fran- the money:" the courts. He also says that. the (Continued on Page 2) they again would not yield. chise tak increase, he said, was Kazen's substitute was defeated by voice vote. Schwartz' lost, 21- Two Proud and Able Men 10. "It looks like I'm right again," Sen. R. A. Weinert of Seguin, who voted with the majority, observed, and that drew laughs from the Texas Labor Reeling after Battle colleagues. ,When Lane himself offered au This is the first of a two-part it was too late; through creden dustrial workers broke into open If this goes against him, even amendment exempting all cotton article on the labor convention in tials challenges, charges and de- floor debate.. The fact of working the smaller increase in financing products under $10 from the sales Galveston. The second installment nials, Brown's two-to-one victory, life which lies hidden behind the is lost to his program. Some of tax, it carried by voice vote, al- discusses the convention proper. the thwarting of his pleas for phrase, "jurisdictional disputes" the delegates on Schmidt's side though Schwartz protested ye- more lobbying funds, and the mi- . (Continued on Page 3). GA LVESTON —the competition for jobs in an said various things tending to nority's rebellious formation of Two proud and able men, economy where automation is re- mean some of their locals may a new Industrial :Union Confer- Hank Brown and Fred Schmidt, ducing the work to be done—be- withdraw their support from the ence, the conflict between Brown began having their differences came an active cause for the pro- state organization; Brown count- 'Up in the Air' and Schmidt, unfolded, foreknown four years ago when Brown Schmidt unions through the new ered that not many will and that AUSTIN and unavertable. was educational director and industrial conference. to make up for those which do, he Seen in a private room of As unions and individuals took Schmidt secretary-treasurer of When all was done, Brown's will obtain new affiliate unions Austin's Headliners Club Sat- their stands around Brown or forces had little but the victory among the unaffiliated. urday night were Lt. Gov. Ben the Texas AFL-CIO. Today Schmidt, the conflict came to em- and problems. The $100,000 in- Brown hopes to confer with Ramsey; Sen. Wardlow Lane, body much more than the person- crease in dues to the state or- leaders of the oil and telephone chairman of the Senate com- Ronnie Dugger al incompatibility which started ganization the new president had unions from which Schmidt drew mittee that wrote the Senate it. Not only the old warfare be- sold to the unions by stumping his principal support, to yield tax bill; Sen. Bruce Reagan, Brown is president and tween AFL craft-type unions and the state was blown out ot his some points and be yielded to on a, member of the tax subcom- the CIO industrial unions, but Schmidt is looking for a job. hands when the minority with others, and thus to put the pieces mittee; Sen. R. A. Weinert; also grievances still pending with- Schmidt joined with others in- together again. Austin lobbyist Johnny B. The Texas labor organization in the old CIO flared in renewal, structed against it to deny Brown The losers were denied by the Rogers; and dean of the lobby has in effect divided and re- sometimes vengeful renewal. the two-thirds vote he needed on convention their request that Ed Clark. clustered, two-thirds around An old argument by CIO peo- a roll call. After disputed parlia- their new conference be affiliated The Observer editor and his Brown and one-third around ple that they must be permitted mentary rulings, a two-thirds with Texas AFL-CIO. They rati- bride were conversing with to retain their identity and a Schmidt. The damage to the headcount of the delegates ap- fied a constitution anyway and ' friends in an outer room share in the leadership of the proved a $50,000 increase, but wor- instructed their officers to draw when the group filed past. A Texas union movement and its merged organization in which ried by protests from Schmidt's up a plan and submit it to every capitol newsman asked Sen. causes is serious and extensive. they are outvoted by AFL unions side and concern among some of industrial-union local in the state Reagan: "Senator, did you The labor convention in Galves- became the central issue, in ap- his own advisers, he announced he for approval. They are basing the write the tax bill?" ton this week was rancorous; most plication, between Schmidt and would accept a formal protest of new conference on a per-member "No," Reagan replied, "we of the delegates were glum, irri- Brown. Questions of legislative the procedure and forward it to payment of four cents a month or didn't write it in there." He table, or dismayed. Some spoke emphasis in which craftsmen's in- national labor president George less, four cents a month being added: "This gas tax has us out for unity, but everyone knew terests differ from those of in- Meany for a ruling. (Continued on Page 6) all up in the air." `ILLEGAL' BABES Historic Conflict EMASCULATED BILL STAY ON WELFARE On Gas Taxation FINALLY MAKES IT AUSTIN the case where the father is in Breaks Out Anew A bill aimed originally at pun- Honolulu and won't support the AUSTIN escheat bill, I will support you ishing Negro mothers of illegiti- child? What about the case where (Continued from Page 1) Coming from liberal legisla- in your next campaign, but if you be changed in the Senate. If not, mate children by making it most the father is in Texas and won't, tor Charles Hughes—the little don't I will spend every penny I it is high time for the people of difficult to get child welfare sup- just lays up drunk, won't raise David who has always indi- can to defeat you. Texas to know that for the third port passed out of the House Fri- any money, won't work? What if cated his eagerness to fight "I'll ask him right here mail time a secret power—a kind of day, but not before most of the he is in jail or in the hospital? the Goliath of banking—the now to come out against me. I anti-attorney general force—has vengeance was taken from the Must the child then suffer? escheat bill that finally won consider this a very discrimina- written unconstitutionality into a measure by amendments. "If you are from East Texas, approval in the House was tory part that Charlie has put in. gas bill. Rep. Bob Fairchild of Center, you may justify your vote by say- nothing short of fantastic. It seems like this is a time when "There is a secret force in this author of the measure, had of- ing these lazy colored women It specifically exempts banks pressure is ruling our actions state," Eckhardt charged, "more fered it to the House earlier in should be prevented from getting from confiscation of abandoned when statesmanship should pre- devious and powerful even than the week as a substitute to an in- aid for dependent children so they property, which is, as one legis- vail." the lobby we know here. This volved "economy" measure with will go on working in the kitchen lator pointed out, something like He got a scattering of applause. force, with the finest lawyers in the cry, "Texans have paid these at 25 cents an hour and maintain passing a law against all homi- Several representatives twitted the state at its disposal, devotes welfare prostitutes long enough." the traditions of the old planta- cides except first degree ones. Hughes about how much money its talents to writing unconstitu- The bill was then quickly passed tion. The Sherman legislator private- the escheat bill would bring in, tional gas bills." A clause was to engrossment, over the heated "If you are from the Bible belt, ly maintains that most of the especially in light of the comp- added in the 1951 gas-gathering protests of Rep. Bob Eckhardt of you can justify your vote by say- abandoned property in the state is troller's recently certified esti- tax after it had passed the House, Houston, who called it "the most ing you are trying to prevent held, not by the banks, but by in- mate of $2.6 millioneven if the he said, which made that measure cruel, inhumane bill I have ever lechery. This is a most cruel and surance and oil and gas com- banks were included. unconstitutional. seen introduced before this calloused bill." panies. "Actually I feel this bill right "In 1959, the severance bene- House." Rep. Maco Stewart of Galves- Hughes, who has seen other now would bring in something ficiary tax sponsored by Rep. Overnight other members must ton,. who favored the bill, again of his escheat bills soundly de- over 10 million," Hughes told the Hinson contained language deem- have taken a closer look at bill and again interrupted Eckhardt feated, said it was a practical Observer. On the floor he had ed constitutional by the attorney because when it came up again and protested that his strong compromise with the predomin- estimated only "several million." general, but the Senate added a Wednesday they weren't ready to language was offensive, which antly pro-bankers legislature. The To give weight to his predic- non-severability clause then. In pass it out, and Eckhardt was still brought the final thrust from House showed by its vote that it tion of income, Hughes produced addition, a definition of sever- opposing it tooth and tong. Eckhardt: overwhelmingly agreed. a letter verifying that from one ance beneficiaries was added to The bill would hold up welfare "From the paternal attitude dis- Hughes did get some opposi- account alone the state might es- that tax that made it unconstitu- payments until the father was played by Mr. Stewart toward this tion at the microphones, and un- cheat more than $1 million. tional. hunted down and then, if he were bill, it appears the measure is the less a spectator knew from their This account has quite a his- "Precisely the same thing has found, the state would throw the product of a misalliance between previous performances how these tory. Hughes traced it back to a been done this time," he said. "In responsibility at his feet and re- Mr. Stewart and 'Mr. Fairchild." opponents really felt, he would railroad venture launched just the name of protecting the cas- fuse to pay. Men accused of fa- When the bill re-appeared Fri- have been hard put to tell that after the Civil War. The venture ing-head plants, the Gibbens therhood would be required to day, amendments had seen to it such men as Rep. Ben Jarvis, who developed into the Texas and Pa- amendment was added to this take blood tests, or that welfare payments would be is a director of an East Texas cific 'Land Trust, each of whose stand con- bill on the floor of the House. victed. paid while the father is sought bank, possibly meant something stocks is worth $18.75 today, and That amendment as drawn pro- Some opponents argued that and if he is found but cannot pay, else when they said, as he did, the TXL Oil Corporation, each of vides for a discrimination with the bill would cut off federal aid the welfare payments would be "Do you see any reason to ex- whose stocks is today worth respect to a certain class of gas to the state welfare program. continued. However, the required clude the banks? Let's be impar- $19.50. From the original one cer- plant operators. If that amend- Eckhardt added: "What about blood test remains. • tial. If we're going to have an tificate subsequent dividends and ment remains, it will tax at a escheat bill,' let's make it across higher level those plants selling stock divisions have brought the the board." abandoned and escheatable ac- gas cheaper than those selling Putting the banks back in gas higher. The result is dis- count to 10,000 -certificates of From Quiet to Nois Hughes' bill would unquestion- Texas Land Trust and 40,000 crimination internally, inside' the AUSTIN Lane: "No I didn't, either. It's ably have meant its defeat. bill. shares of TXL Oil, all worth the your deal, not mine. I had a tub- Reps. Tom Andrews and Leori It was cool and quiet in the "This clause would have dropped estimated $1 million. ful of amendments and didn't use Thurman also wanted to put the Senate early Tuesday morning out of the entire bill as uncon- The House approved the meas- them. I wrote your tax." Then banks back in the bill and offered when Wardlow Lane's state af- stitutional in itself in the courts ure on final passage Friday after- Lane stormed angrily off the complete amendments to do so. fairs committee reported out without damaging the rest of the noon, as the Observer goes to floor. Both men have voted pro-banks its tax bill, but towards the bill," he said. Eckhardt said he press. Eckhardt was talking with a in the past. Hughes said later, end things got a little hot and and John Davenport, counsel for Unwilling to support an escheat reporter , when Judge E. H. Foster, "They were just trying to gut noisy. TIPRO, told the Senate state af- bill, even with the banks re- lobbyist for Phillips, walked past. me." "I'm sure this bill • won't please fairs committee the questionable moved were, on the engrossment The two exchanged uncordial everybody," Lane said. "But it'll clause could be rewritten along Pressure Reported , vote: Adams of Lubbock, Adams words over the Senate version of raise the money we need. I don't constitutional lines. "I wrote that But some protested 'Hughes' de- of Mt. Pleasant, Allen, Atwell, the pipeline tax. particularly relish it, but I've got section over and gave it to Lane letion because they wanted to aim Banfield, Blaine, Burgess, Cole Eckhardt: "You're • just gripin' a job to do down here." He then later," he said. (This was of- the escheat bill at the banks of 'Greenville, 'Connell, Cory, Cot- because it hits your people, briefly explained each provision. fered as an amendment during above all. ten, de la Garza, Duff, Ehrle, Judge." Sen. Jep Fuller of Port Arthur, the Senate floor debate Wednes- Rep. Joe Cannon of Mexia took Fairchild, Fletcher, Floyd,. Glus- Foster: "You're darn right, Eck- temporarily presiding, asked for day by Sen. Charles Herring of the microphone in an angry ing, Harding, Heatly, Jarvis, hardt. You're just .gripin' because objections and heard none. The Austin and defeated, 19-12.) mood: "Last Saturday morning Johnson of Dallas, Johnson of it doesn't hit someone else." Then $360 million bill was sent to the "Instead of accepting this change my wife and I were awakened by Temple, Koliba, Lewis, Miller, Foster walked off the floor. floor with a favorable recommen- which was generally conceded to a telephone call from a banker Nugent, Oliver, Parsons, Pipkin, The brief committee session was dation. do the job," Eckhardt said, "the in my district. He put it to me Preston, Price, Read, Richards, over. At the foot of Jefferson Senate subcommittee left the Gib- this way—though I must say the Roberts of Lamesa, Shannon, Rep. Bob Eckhardt of Houston, Davis, on the left side of the bens amendment in as it was and majority of my banks have been Slider, Thurman, Thurmond, Tun- author of the pipeline tax in- rostrum, Lt. Gov. Ramsey, Lane, added a non-severability clause, very nice—he put it to me this nell, Walker, Watson, and YeZak. cluded in the package, walked and other senators conversed with as in 1959. The result is that the way, if you will vote against the B.S. up to Lane after adjournment. He William Abington of Mid-Conti- • whole bill is now unconstitutional. carried a copy of the bill with nent Oil and Gas and B. M. Britain "I think you are entitled to him. Reporters heard this ex- of the Natural Gas Corporation know this, that the Senate com- change: of America. The television cam- mittee has deliberately inserted Eckhardt: "You wrote an uncon- eramen collected their parapher- an unconstitutional clause as in The Metrecal Bowl stitutional amendment onto my nalia, the crowds dispersed, and 1959 and 1951. If this is permitted AUSTIN East Texans, who were suited tax bill. You've made it unconsti- the customary hush again fell on to continue, this House has done A popular-front coalition of out, symbolically, in pure-white tutional." the green chamber. much work, the attorney general's radicals and reactionaries from jerseys. His main targets were office and myself and several West Texas rode the throwing Joe Cannon of Mexia and Neil * members of this House have done arm of will-of-the-wisp Wade Caldwell of Alvin, who made most The Senate Tax. Plan much work, to absolutely no Spilman to a 12-6 victory over of their catches in the left flat. These are the major provisions In addition, present gross re: avail. East Texas in the Metrecal Bowl Bill Jones of Dallas, a real trou- of the $360 million tax package ceipt taxes on telephone and tele- "The $18.5 million relied on in this week. The touch football blemaker in the East Texas back- passed, 20-10, by the Senate this graph companies are reduced by this bill becanes simply a rain- marathon between the all-stars of field, set up the only East Texas week, and on which conferees $4.7 million. bow—a pot at the end of the the Texas House of Representa- score on a scintillating pass inter- from the two houses are negotiat- Principal differences between rainbow, and the people of the tives drew a crowd of 200—most- ception. ing over the weekend: the Senate tax package and the state will have been duped again ly secretaries and lobbyists—to But Spilman, the old master, • A two percent sales tax on House tax package (the Sandahl by a completely bogus and hollow the 65,000-capacity Texas Memor- was in superb form, and his prin- all items except food, medi- Subtitute) passed last week: the sham of bill." W. M. ial Stadium, and it is reliably re- cipal receivers, swivel-hipped Don cine, feed, farm machinery, and House sales tax did not tax items ported that the players were Kennard of Fort Worth, swivel- certain "outer garments" under under $5; the Senate sales tax THE TEXAS OBSERVER keenly disappointed that Homer hipped Malcolm McGregor of El $10 used as work clothing. Elec- will begin at 25 cents, with a one- Page 2 August 5, 1961. Leonard, the beer lobbyist who Paso, swivel-hipped H. G. Wells tric, gas, telephone, and telegraph cent levy on sales between 25 was rumored to be water-boy, of Tulia, along with David Read bills will also be taxed at two cents and 75 cents, and two per- didn't show up at all. of Big Spring and Wesley Roberts percent. $309 million. cent on sales over 75 cents; the Highlight of the evening came of Lamesa, were not to be denied. • A two-year continuation of House bill included a revision of Subscribe to in the second half when Byron The winners are expected to the "temporary" increase, the corporate franchise tax aimed Tunnell, swivel-hipped defensive take on the Pipeline Lobby All- voted in 1959, of the one-factor at getting more tax revenue from halfback from Tyler, fractured Stars, led by speed-demons E. H. corporate franchise tax. $20.5 mil- the interstate corporations; the The his left wrist. Tunnell was back "Twinkletoes" Foster and B. M. lion. Senate bill continues the present in action next day, however, "Butch" Britain, next week. As • A dedicated reserves gas tax franchise formula; the House dedi- punching his voting button with usual, the pipelines are favored— on pipelines. $18.5 million. he usually uses to vote with any- by a point spread that lies some- cated reserves gas tax did not con- Observer • An increase in driver li- his unmaimed other hand, which where between 14.28 points and cense 'fees. $7.3 million. tain a "non-severability clause" Send $5 to The Texas Observer, way. the difference between the gas • A "bookkeeping" amend- (see separate story), the Senate 504 W. 24, Austin, Texas. Swivel-hipped Tom Andrews of production tax based on seven ment. $6 million. version does. Aransas Pass quarterbacked the percent of value and 1,000 cu. ft. Lane Steers Sales Tax Through Senate (Continued from Page 1) amendment be added which would tax bill," Rogers replied. "He sure voted for it because it had that Gonzalez' amendment was ta- hemently. abolish the $10 exemption on work wouldn't vote for mine if I had wonderful pipelines tax " in it., bled by voice vote. "There isn't any logical reason clothes if the pipelines tax is the privilege of writing one. I've That's the same bunch that's been The Long Night stricken in the courts. been up here 13 years and this blamin' us" for years for making whatever," Schwartz contended, It was 5:15 p.m. and the gal- Sen. Dorsey Hardeman of San is the first time I've offered a gas bills unconstitutional. "to discriminate against synthetic leries were only partly filled when Angelo, the veteran conservative, beer tax." "You know what's the matter fabrics. We've got a cotton indus- Gonzalez launched his filibuster. said he was afraid the Dies pro- Lane's motion to table pre- with him?" Lane shouted. "This try in Texas, but we've got a "I have a little curative amend- posal would strike out the pres- vailed, 24-7. is a wonderful thing to run with, chemical industry too. You'll be ment which takes care of a little ent production tax entirely. but it's better to have it not telling the merchant, 'You have to Constitutionality obvious inequity," he said, and put a two percent sales tax on "Frankly, I've always favored a adopted !" Lane was victorious on all he was off. half your Arrow shirts and leave production tax," he said. Harde- People are taught to love their points, but perhaps his greatest It was not until 1:12 a.m. of a it off the other half.' man said he had heard that the neighbor, "and now the most won- victory—and his closest—came on new day that tie San Antonio "I dare say there's not a sena- attorney general had declared the derful thing on earth is to tax a crucial amendment to the pipe- liberal had finished explaining tor in this house who hasn't got pipeline tax unconstitutional. our neighbor. If this amendment line tax. his "little curative amendment" on some kind of synthetic under- TIPRO had also said that the isn't tabled, I've got those amend- Sen. Charles Herring of Austin, to strike out the sales tax. He got wear," he ventured. Eckhardt tax is constitutional, ments over there from my gas offering an amendment which yeoman support from Schwartz, "Maybe some of us ain't got on "so all your anxious fears will be plants, and I'll have to offer 'em." would have written the contro- Patman, Kazen, and Culp Krue- any," Weinert observed acutely. allayed." Kazen asked Lane if he thought versial section on casing-head gas ger, who posed questions which "What's wrong with cotton?" "I don't think the lawyers who the controversial section of the —known as the Gibbens amend- were minor filibusters in them- came a voice from the back of represent the long pipelines are pipeline tax is unconstitutional. ment — said: 'Everybody I've selves. the chamber. "Yeah, what's wrong going to stand idly by," Harde- Lane replied that he thought the heard testify on the dedicated re- with cotton," Lane agreed. man said. If a client has enough whole bill was unconstitutional. Gleaned from his eight-hour serves tax (as it came out of Sen- money to pay his lawyers "he "In other words," Kazen said, talkathon: "When I used to work and ate committee) has contended it's sweat," Lane said, "I didn't see really goes up in my opinion. "you definitely think this is an "All these people who've always unconstitutional. The author of How none of these nylons and dacrons. "I voted for a production tax unconstitutional measure. opposed adequate appropriations I don't think your chemical plants last time," he continued, adding can you stand up there and do it? bills suddenly have their hearts down there on the coast will be- with a slight laugh: "But I've Why don't you make it constitu- bleeding for enough money to come unbuckled over it." yielded the constitutional ques- tional?" finance these services. There's an Lane said he had been in court apparent inconsistency here." Lane's amendment disposed of, tion to our great attorney general many times to argue losing cases. the Senate moved on to another and the TIPRO bunch, and I want "How much guts does it take to He again advised against amend- amendment by Schwartz exempt- to follow them as far as I can go." place a tax on the poor and un- ments "in view of the fact that ing all clothing under $5 from Lane attacked Dies' proposal. derprivileged?" everytime we touch a gas bill, the sales tax. "This is better for "If we send the Eckhardt plan "This tax bill will forever be they say we made it unconstitu- the people of Texas," said the back just as is, the House hasn't the shame of the 57th legislature." tional." Galveston liberal, "than the $10 got any complaint," he said. But "You know the issue in the fu- the bill has doubts about it him- Lane's motion to table Herring's cut-off on work clothes alone. if it's amended, "they'll say it's ture won't be getting rid of the self. So do representatives of amendment prevailed, 19-12. We won't even have a fictitious invalid." Dies' amendment was sales tax. It'll be increasing it, TIPRO. The office of the attorney Hudson then offered an amend- clothing exemption if this amend- tabled, 21-9. general—with the exception of dropping the $10 cut-off on ment striking out the non-sever- ment of mine is defeated." clothes. Those will be the issues Liquor Interlude this one section—has contended ability clause. "This will leave it Lane countered. "He don't in- that the tax is constitutional. of the future. That's the reason Sen. Andy Rogers, liberal from precisely the way the House tend to vote for the bill," he said. "Is this the way Mr. Eckhardt certain interests in this state have Childress, drew sharp criticism passed it," he said. "He don't want to raise no money wants it?" Sen. Hubert Hudson pledged an all-out fight to get from several quarters with a $20 Lane argued that the non-sev- anyway. He's only interested in of Brownsville asked. "I'm tired this legislation." million amendment which would erability clause was added to pro- runnin' for office. He just wants of the Senate being accused of "They would have you believe have extended the sales tax to tect the producer in case the pipe- a headline." He vigorously writing unconstitutional tax bills." the people are clamoring for what liquor and beer. Culp Krueger of lines part was declared unconsti- thumped his desk for emphasis. "If this section as it is now I call the two-bit sales tax." El Campo was the most ardent tutional. "If the bill is valid, this Schwartz' motion was tabled, written is finally passed, you "I can't imagine why the great complainant. He said to Rogers, clause certainly doesn't make it 21-10. won't have a chance of its being state of Texas should give a $4.6 "You've got only one wet pre- invalid" he said. upheld," Herring responded. "Let's million tax reduction to American "About Fare" cinct in your area and you've had Hudson's amendment was ta- send this bill out in as good a Telephone and Telegraph." One of the hottest issues in the 159 criminal cases for bootleggin' bled by voice vote. condition as we can." Along towards midnight, Culp marathon session, the gas pipe- just recently. That's more than Lane rose to offer his most 'Asinine' Krueger chipped in with a ques- line tax, drew a preliminary de- we've got in my country—and all ardent rebuttal of the day. He Bill Patman, liberal from Ga- tion which lasted half an hour. bate—a kind of hors d'oeuvre be- mine are wet. We'll give you all paced the floor, slapped his desk, nado, set up an amendment on "The faces of the lobbyists in the fore a main course—when Sen. some lessons in drinkin' anytime sometimes shouting, arms extend- the equalization of gross receipts gallery this afternoon would have Martin Dies Jr. of Lufkin came you want." ed, toward the galleries. tax section which would have re- made this place go up like an forward with an amendment Hazlewood warned Rogers that The non-severability clause was instated into the bill the $4.6 mil- atom bomb. You could see those which would have provided for his amendment was dividing the added to the House pipeline tax, lion which would be returned to little twinkles around the eyes an increase of one percent in the Senate unnecessarily and doing he said, "and that's the only way telephone companies. when a man hears something he present tax on gas producers in harm to the spirit of compromise. we touched it. The non-severabil- Schwartz came to his aid. likes." Krueger proposed "drink- the event the Supreme Court de- "If I ever saw a bill in my life ity clause isn't the substance of "They're reducing the tax on tel- ing schools" in wet areas for peo- clared the pipeline tax unconsti- that's a compromise bill, this is the bill. It's at the tail-end. ephone companies," he contended, ple from dry areas. "In dry areas, tutional. a compromise bill," he said. "Senator Herring doesn't have "because you and I are going to where they have a few drinks at "House Bill 334, which has "This isn't a compromise bill any gasoline plants in his district. pay a sales tax on our telephone a dance, three or four days be- been maligned for being written for me," Rogers answered. "I've I have several in mine. Each one fore the grand jury meets they by reactionary forces, included been on the outside." bills." has sent me an amendment. I "That's right," Patman replied have seven or eight killings. In this one percent production tax It was Lane's turn again, and have a tubful of 'em. "And doesn't that make sense." wet areas when you have a few increase," Dies said. "We were once again he unloosened a verbal "If I put in the three or four "I haven't seen the people of drinks at a dance, it makes for persuaded to pass a tax on pipe- salvo. "You can't solve the dry- pages (as an amendment) Eck- Texas coming up here and asking happy homes." lines in 1959, and we've lost mil- wet issue and pass a tax bill," he hardt wanted, then I'd have to for a reduction of telephone gross At 12:30 a.m., truant senators lions because it was unconstitu- said. "It's like the brother in the go back and put in some of these receipts taxes," Schwartz said. began drifting 'back into the de- tional. front pew who cried 'amen' when- others. Lane fought back again. "This serted chamber. At 1:12 a.m. Gon- "I wrote this amendment my- ever the preacher preaches out "If there's something wrong puts all the utilities on an equal zalez wearily sat down. self," Dies said. "No one did it against liquor, and then he goes with this gas tax now, it's the tax basis, and it's a good provi- Gonzalez' amendment was ta- for me." But only minutes later home and draws his curtains and fault of the House. If it's invalid, sion," he said. bled, 22-$. he said: "I took Sen. Hardeman's starts to drinkin' and tries to get it was invalid when it left the Patman's amendment was ta- All that remained were the fi- amendment to 334 and copied it rid of it that a-way. House. Everytime they send a gas bled, 22-9. nal votes on Lane's bill. A very - that's all." "It takes a little demagogin' to bill over here, they say we've Gonzalez then offered an amend- sleepy-eyed George Moffett, the Sen. Bruce Reagan, conserva- offer something like this. It hap- made it unconstitutional." ment which would have made the oldest member of the Senate, tive from Corpus Christi, inter- pens every time. Rogers won't Kazen interrupted. "Are we sales tax portion of the bill tem- barely made it from his slumbers vened. "How about doin' an about vote for this tax bill. You couldn't here to debate the right and porary—until Sept., 1963; "The in time to cast a vote. He am- face and putting a tax on pro- hogtie him and muzzle him and wrongs or to make this bill con- taxes on gas and the corporate bled down the aisle amid the cat- clucers=and if it fails then let it lead him up there to vote for any- stitutional? Even Eckhardt said franchise tax have been made calls to bolster the majority, as fall back on the pipelines?" And thing." this bill is unconstitutional." temporary," he said. "Let's have if it needed any bolstering at all. Sen. Galloway Calhoun, Tyler con- "I don't see any moral obliga- "He (Eckhardt) has been the same consideration for the servative, suggested that an tion to vote for someone else's against a sales tax a long time," overwhelming bulk of our citi- MIKE * * Lane answered. "But when they zens." the MUFFLER MAN . put this gas tax on a sales tax, Schwartz, taking the floor, he went along. He rared back and turned to Lane and said: "I'll vote How They Voted walked up there like a little man for this tax bill, Senator, if it's Here are the votes on the Sen- Against: Krueger, El Campo; and voted for one of those stinkin' made temporary. I'll run along ate's final passage, 20-10, of its Martin, Hillsboro; Aikin, Paris; sales taxes—for him. with you for re-election having sales-tax-based package Thursday Colson, Navasota; Schwartz, Gal- "Then Mr. Eckhardt came over voted for this bill. I want the morning: veston; Kazen, Laredo; Rogers, here and wanted to doctor it up. people of Texas to have a chance For: Moffett, Chillicothe; Smith, Childress; Willis, Fort Worth; Did he give me three or four to vote on this issue, to tell us HOUSTON'S LEADING AUTOMOTIVE SPECIAUST Lubbock; Dies, Lufkin; Lane, Patman, Ganado; Gonzalez, San lines? No! He gave me three or what to do. I'm tryin' to call your loy Silentone Mufflers and Pipes Center; Hudson, Brownsville; Antonio. four typewritten pages!" And hand. You've called us all dema- ✓ Auto Seat Covers Baker, Houston; Fuller, Port Ar- Absent: Weinert, Seguin. now he is saying, "that mean old gogues, Senator, when we op- 10' Brakes and Wheel Aligning Senate is botchin' up this gas posed your tax. Let the people Iow Convertible Tops thur; Reagan, Corpus Christi; The vote to suspend the rules 11°' Auto Air Conditioning Hazlewood, Amarillo; Hardeman, and advance the measure to third tax. of Texas decide which one of us Sales and Service San Angelo; Ratliff, Stamford; Se- reading had carried, 24-6. The "The more things you do to it," was right." ISOM OWNID — 2 LOCATSONS crest, Temple; Calhoun, Tyler; four who voted to suspend the Lane said, "the more excuse you Reagan remarked that 'Gonzalez' EMPLE Roberts, McKinney; Owen, El rules and then voted against the have for them sayin' to us, we amendment "is one of the most ,4 to -6 Crew Paso; Herring, Austin; Crump, bill itself on final passage: Mar- botched it up again. asinine things I've ever seen." "That sales tax was the most And Lane said to Schwartz, "You CENTER San Saba; Moore, Bryan; Park- tin, Hillsboro; Colson, Navasota; Mier Rimed k.. Ops. Mewl* sad Tforsilw Nights MI house, Dallas; Creighton, Mineral Aikin, Paris; Schwartz, Galves- horrible creature that ever came enjoy all this controversy, don't 1214111412•111 doPOISI 41410. MAX SATIPSIPAV Wells. ton. through the House, but Eckhardt you, Senator?" 2900 FANNIN a 4535 GRIGGS RD. CA 4-6971 12_11. RI 7-1800 Observer Notebook AUSTIN still on the books, requires courses in SOMEDAY, in a moment of leisure, "cotton grading" and, best of all, in we are going to sit down and write "acts regarding kindness to animals out in detail our first impressions of and the protection of birds and their a lengthy floor debate in the Texas nests and eggs." Senate. One young capitol correspond- ent, also a novice in that august chamber, asked in some anguish over WE CAN ALWAYS depend upon coffee during the Gonzalez filibuster, The Dallas Morning News editorial "How can a guy tell the truth about page to revitalize our judgment on what it's really like here in a news pending legislation, and so it did this story?" It is impossible. A good jour- week when it indirectly supported nalist with a mind of his own can Rep. Bob Fairchild's commonly-called see right through those little hypoc- "bastard bill" with the ringingly pa- risies and large deceits perpetrated triotic question, in its editorial "First there, glossed in the fine rural idiom Things Come First": "Should we con- and the superficial bombast ; he can tinue to spend tax money on illegiti- become disillusioned out of his mind mate babies, when we need it for that an institution so tawdry Sand missiles?" time-serving shall continue, year after year, to make bitter travesty THERE is a considerable amount of of parlimentary democracy. He is redtape in getting a dishwashing job made captive, in the very news story in a hotel these days. A young man he writes, by his own tenets of jour- who was recently employed by an nalistic fairness and responsibility, Austin hotel showed us a "Loyalty and to the untruths, the indignities, Pledge" he was forced to sign before and the indecencies he gives a seem- he was added to the hotel staff. The ing truth, a dignity, and a decency by pledge carries the stamp of the Texas the mere act of reporting what trans- Hotel Association, and the five vows pires. are: "(1) I am not a Communist or The action taken there on the gas Fascist. I do not advocate nor am I pipeline tax was deceit, unadorned, a member of any 'organiaztion that unadulterated deceit, and those noble advocates the overthrow of the gov- ernment of the United States by force and violence or other uncon- stitutional means. . . . (2) I will sup- port the United States against all * * enemies, foreign and domestic. . . . (3) I believe in the dignity of and Lane's Latest Effort and the destiny of my country, and that it is my duty as a free man to speak out in defense of our American way of life. . . . (4) I believe that per- Who Are -hey 3.01i.9 ? sons who spend their efforts in a pro- gram to destroy free enterprise and THE SENATE should not for a The good barons of our Senate are democratic government are not en- moment be allowed to get away with arrogant souls, as we all know. But titled to have employment. . . . (5) I

-what it foisted off this week as a this latest tax program which they take this oath freely and without tax program. This one, if it is pos- pushed through over the desperate solons who instigated it knew it, mental reservation or purpose of eva- sible, is even worse than the Senate protests of the tiny band of moder- their colleagdes knew it, the lobby- sion, so help me God." Under the version of HB 334 during the regu- ates and liberals in the upper house ists knew it, and yet they played out place of the signature is this post- lar session, which Speaker Turman will be remembered as by far the their parts to the letter, as in some script note: "It is requested that you and a narrow House coalition spurned most regressive tax program in the well-rehearsed comic opera. report names of any persons who by one slim vote. history of Texas legislatures. It is like a game. Indignant out- signed this pledge in falsehood by writing such names on a piece of Can an upper house in any state, bursts are accompanied by sly, mid- There is not one redeeming fea- paper and mailing it to the manager even Texas, long survive such actions? dle-age grins ; laughter punctuates ture in this latest product of Ward- of your hotel. In this event it will low Lane's seething genius. the most heart-felt orations ; nothing It remains now for the House to whatever has the ring of truth. On not be necessary for you to sign your • The two percent general sales vindicate the average consumer of the floor of the chamber Tuesday, name because such reported persons tax, which would account for this state, the domestic businessman, after the tax committee session there will be fairly and carefully investi- $309 million of a $360 million tax bill, the independent producer. Any effort must have been two pipelines' lobby- gated." will hit all purchases over 25 cents to concur in the Senate program ists for every one senator. And yet with the standard exemptions. The should be resoundingly defeated. it goes on, year after year. STRANGE gratitude indeed. De- $10 exemption . on "outer" work Should Lane, Hardeman, and the The Bill Patmans and Charles Her- Witt Hale, that tense legislator from clothes is a sop and a sham. others decide in conference that their rings, the Henry Gonzalezes and Babe Corpus Christi, fought like a tiger- • The corporate franchise tax clever little ploy of sending out a Schwartzes, seem as out of character shark every time somebody in the perpetuates the same old in- worthless pipeline tax is a bit too as a collection of El Grecos at an ex- House brought up a bill to control equitable levy which, as Gov. Daniel transparent for the people of Texas hibition of Norman Rockwells, but the small-small loan companies. But and House spokesmen have time and to accept, and decide then to go along they too are inextricably caught in did the press pin the loan shark label again warned, discriminates so harsh- with a valid pipeline bill combined the web, as if the very dead weight to his rear? Certainly not. But now • ly against domestic businesses and with their sales tax, this too will be of the institution itself was too great ungrateful Hale has sponsored legis- in favor of the interstate corpora- sufficient justification to throw the to be confronted on its own terms. lation that would prohibit newsmen tions. whole prOgram back into the lap of Back in the House side of the capi- from circulating on the floor during the Senate and create a second special tol, we sought out a friendly legisla- a session. Colleagues of the craft, to • The pipeline tax was made un- session. tor and remarked how good it was to arms! constitutional—coldly, cynical- It would, in fact, be infinitely bet- be back in the 19th Century again. ly, and in the full knowledge of the ter for the people of Texas for the We felt like the young man who had Citing as the most recent example calculated risks involved. It is collo- legislature to stay in session until just made his escape from the House quially known in the halls of the midnight January 31 working on a of Usher. of racial discrimination the exclusion statehouse these days as the "E. H. tax package than for the House to of four Latin American girls from Foster Memorial Gas Tax." accept passively the kind of tax bill a Victoria swimming pool, the GI ARE THE SCHOOLS breaking the • And as if this were not enough, Lane, Ramsey, Hardeman, and Rea- Forum has appealed to Gov. Price gan would like to see. law? Are they really teaching every- the Senate tax-writers not only Daniel to speak out more forcefully What is needed now, in the House, thing the law requires of them? These taxed all utility bills—including tele- questions worried us for at least two on the issue. phone bills—at the same two percent, is the courage to stand up and say, " We have had enough." seconds this week when, in looking Forty counties in Texas still prac- they had the absolute impertinence over Rep. Ronald Robert's amend- tice discrimination, said Dr. Hector to give a "tax reduction," amounting ment to include a full year of civil Garcia, a leader of the predominant- to almost $5 million, to the telephone government among the required stud- ly Latin American group, and he said companies. The logic went something ies in Texas public schools, we found that Daniel can help inter-racial re- like this : since the folks who use that Article 2911 of the Revised Civil lationships in these areas "if he is7 telephones will be paying a sales tax Statutes of Texas passed in 1925, and sues a strong statement." on their telephone bills, impoverished The attempt in the legislature to old American T&T should get a put the "Little Pool" bill, already slight bonus in the process. As Sen. passed in the House, into immediate Patman said during the Senate de- effect would be an act of unfairness. THE TEXAS OBSERVER bate, this particular reform makes A reform of the special election laws 0 MIURA wonderful sense. This portion of requiring two primaries in special 74610 PRESS.4 Lane's tax program will go down in elections is a worthy change, but the Published by Texas Observer Co., Ltd. Published once a week from Austin, history as the "Ed Clark Memorial effort to get 100 votes in the House— Entered as second-class matter, April Texas. Delivered postage prepaid $5 per Equilization Tax." Perhaps, we ven- it missed by three—and make the 26, 1937, at the Post Office at Austin, annum. Advertising rates available on change effective right away is clear- Texas, under the Act of March 3, 1879. request. Extra copies 15c each. Quantity ture to guess, this was the topic of prices available on order. Mr. Ramsey, Mr. Lane, and Mr. ly directed against one man and one AUGUST 5, 1961 man only, Republican Henry Catto EDITORIAL and BUSINESS OFFICE: Clark's fervent discussion at the Willie Morris 504 West 24th St., Austin, Texas. Phone Headliners Club Saturday last. of San Antonio. We would expect Editor and General Manager GReenwood 7-0746. such things from Grant and McKin- Bob Sherrill, Associate Editor Sarah Payne, Office Manager HOUSTON OFFICE: Mrs. R. D. Ran- Who does the Senate think it's fool- ley Republicans, but from good Lone Ronnie Dugger, Contributing dolph, 419 1/2 Lovett Blvd., Houston 6, ing with this hideous distortion? Star Democrats, never! Editor Texas. On the Gas Tax, Organized Deception The Senate Revealed for What It Is AUSTIN Though the pipelines once again Thus the Senate's parliamentary But the picture was deceptive. • In It appeared for a while last week clumsily laid their "industry unity" trap of last week. the judgment of veteran newspaper as if this was one of those rare times land mines, the better to blow un- For awhile, the independents were observers in Austin, the galleries-- when the Texas Senate stood re- wary or undocile independents back tentatively shoved back into the tar- even the Senate floor—contained far vealed for what it actually is : a onto the team, an uncomfortably get area. The senators went into hid- more lobbyists than ordinary voters. folksy sort of joint-stock company large number of the boys plowed in- ing from long distance calls and the In the judgment of veteran observers with a reputation the better for effi- dependently ahead. Long-distance pipeline lobbyists took over, whee- of newspapers, our quaint provincial ciency than for honor. phones jangled and senators got an dling the independents to "take this customs—so familiar, so saturated The setting was ideal for such a earful of irate rhetoric from inde- little tax and let's go home" ; or with hypocrisy—have dulled the revelation—the galleries were full of pendents back home. In due course, "don't be a dupe of that bunch of lib- senses so that even a newspaperman's people, the press section overflowed, it became apparent to most students erals in the House." One by one the historic cynicism becomes too heavy and the assorted senators squirmed in of the Senate's folkways that the pro- independent associations fell into line a burden to bear, to be replaced by an unfamiliar parliamentary trap, one duction tax was out, too. Out by a —all except TIPRO. The state's most a somewhat detached, somewhat em- precluding their off-the-record free- whisker, out for the first time in politically active independent produc- barrassed awe at the sheer degener- dom of maneuver which has kept too many a Senate session, but out nev- er association moved in the opposite acy of it all. many senatorial records "clean" for ertheless. The whole purpose of the direction, taking a progressively Lane, Hardeman and the rest de- so many, many years. senators' voice and gavel method, tougher line—from silence on the fended their non-severability clause It is, of course, out of character for after all, was to avoid well-financed pipeline tax to a decision not to op- —the one that makes the pipeline the senators to be writhing; one has opponents in the next election and a pose one and finally, in late July, to tax unconstitutional—on the grounds to see their cloak of poise dissemble passel of vengeful, bejeweled inde- the official announcement of its "re- they were protecting the producers. into uneasiness, a rather rapid un- pendents simply couldn't be fitted fusal to cooperate in Senate efforts This from the same senators who raveling in some cases, to fully ap- into the equation. to make the pipeline tax unconstitu- over the years have voted production preciate their better times—the times tional." tax after production tax in order to Which left the third possibility— when Ben Ramsey's presiding gavel The steady progression of the in- block a pipeline levy. no gas tax at all. To the working blanks out dissent and jocular voice dependents toward independence— Eckhardt's indignation, his impas- votes erase responsibility. Seeing the Senate politician this was the most however tentative and however short- sioned personal privilege speech on unpalatable of all. Despite stiff upper uneasiness last week, one was moved lived it may prove to be—narrowed the floor of the House after the Sen- limps and much mutual appreciation to a new appreciation of the Senate's the area of the Senate's maneuver. ate had hacked up the product of his voice-and-gavel method, so polished, of their own and their fellows' Predictably, but nervously (there be- years of research, this too was em- "statesmanship," most senators have so effortlessly invoked, and—strange- ing entirely too much publicity about barrassing to those who could not re- ly—so unacclaimed in the press. been apprehensive all along about the "this damn pipeline tax of Eck- move the image of the Senate from ultimate public reaction to the sales Where is the conscience of the repub- hardt's"), the Senate moved to its their minds. Indignation becomes dis- lic when such accomplishments go tax. The thunder of the sales tax inevitable decision, recorded at length ordered in such a setting. unapplauded ? lobby might drown out criticism in elsewhere in this issue of the Ob- No matter—the Senate last week August, but give the people four or server: 0 NE CAN PARTICIPATE had little time to begrudge its ano- five months of being "pennied" to Pass a pipeline tax, but rewrite it in organized deception, in collective nymity, wanted or unwanted. It had death . . . say to around election time to make it unconstitutional, and to mythology, only so long, before the money troubles. next spring . . . and who could tell hell with public opinion, Daniel, Eck- feeling of guilt seeps • into the most how far the broom might sweep. Had hardt, TIPRO, or too much introspec- detached of observers. not such stalwarts as California's HE IMMEDIATE cause tion. And one recalls the fatherly, some- T Knowland and Ohio's Bricker been of the difficulty was not the smoul- The unveiling of this command de- what resigned remark of a renowned wiped out over a similar emotional dering carcass of a general or not-so- cision took place in a setting—the pipeline lobbyist, his liberalism of the issue—in their case, the right-to- general sales tax; it concerned that folks in the galleries, the overflowing 1930's a casualty that neither his work law campaigns in heavily-indus- political shrine, the Texas oil and gas press section—that led some to hope friends nor his enemies now mention : trialized states? Had not the Ohio industry. Simply stated, the problem for a new public insight into the pol- "Austin is not a good town, for a state legislature, including the almost was this : the senators could pass a ished .perversions of the Texas Sen- young legislator to grow up in." invulnerable, highly gerrymandered gas pipelines tax, a gas production ate. LARRY GOODWYN Republican state senate, been simi- tax, or no gas tax at all. For various larly destroyed? Had not exuberant complicated reasons best appreciated liberals thundered in to rewrite state by senators, none of these three al- tax structures, reverse the gerryman- Waging The Good Fight ternatives yielded the kind of politi- cal invulnerability they had come to dering process, and spend a ton of A publication called the Capitol sional chiselers who don't work and money on appropriations. ? expect. News Letter, edited by one Ray have no intention of working. Why As any well-behaved member of a These thoughts our senators ear- Lowry, courageously attacked little is it that we have the greatest pros- joint-stock company could attest, the nestly pressed upon their friends in bastards this week: perity of all time, yet have welfare pipeline tax was out. Pipelines vote the pipeline lobby. For weeks now, AUSTIN costs above those of the 1930's?" . . heavily in any properly run joint it has been going on, in the Head- Texas has 60,000 dependent chil- stock company. A production tax liners Club, the Capital Club, the Up at the corner drug store, there dren on the Department of Public looked for a while like a possibility. Deck Club, wherever senators and is a whispering report that one of Welfare rolls, and of the total, 12,000 After all, even the most provincial of pipeline lobbyists gather. The refrain the waitresses is pregnant again and are bastards. senators knows that independent oil- can perhaps best be summed up in is going to retire just as soon as she The DPW has been working on it, men are naive. and—under pipeline two anguished questions, actually has enough illegitimate children to and the number might have been prodding—docile, two traits leaving overheard and duly circulated among get by without working. much greater. Matter of fact, there our brethren Texas producers with Austin's grapevine : "How can we This situation prevails all over. has been a reduction in the number precious few voting rights in the Sen- vote $300 million in sales taxes on the Senator Goldwater recently said. aft- over the past few years. But the fact ate's board room. . . . and also ac- folks in the forks of the creek and er studying a survey, "I don't like to remains that the taxpayers are still' counting for the fact that the tax on let natural gas go scot free? How do see my taxes paid for children born supporting a lot of bastards. gas producers is now seven percent we do this and get re-elected?" out of wedlock. I'm tired of profes- • I I while the tax on gas pipelines is zero percent. 0 UT OF RESPECT for the Still, the production tax had lost persistence of the pipeline lobbyists, 'I Don't Want My Tax Money Spent on Your Kind' some of its old flavor. Some inde- it is fair to record that some of them pendents, after years of being clob- tried to answer this question. Unsuc- bered by the "safe-for-business" cessfully. Senators are nothing if not Senate, had begun to peer through politicians, and they knew that while their conservative blinders and ob- lobbyists would survive a miscalcula- serve Ben Ramsey's boys in a new tion of a senator's re-election chances, and palpably unsafe light. As one the senator would not. The senators sage of the derrick floor observed : said no-thank-you and the more as- "Why them senators are just handles tute among the pipeline boys agreed. on a Yankee pump!" Exit the "no tax on gas" solution. DALLAS INTEGRATION From the New York Times: seems to be today a dominant spirit The newspapers in Dallas, Tex. . . . of moderation and goodwill. The ra- decided that it was not news when cial fanatics, who apparently feel a total of 159 Negroes dined quietly like adequate human beings only at 36 previously all-white restaurants when they can regard someone else and cafeterias. In a sense it wasn't as inferior, no doubt exist in the walls news, because there were no "inci- and under the carpets in Dallas, as dents." In the department stores and they do elsewhere, but they don't run other eating places that were visited, the community. there were three complaints from white customers.. Next September Dallas will begin This experiment was carried out to integrate its schools, commencing with the first grade and moving up- with the aid of the Dallas Citizens t•*:,"• , Council, an all-white organization of ward step by step. With reference to business leaders. The Council in turn the integration situation the Citizens .had worked through a special inte- Council said in a statement : "We gration committee of seven whites thought this should be an adult ex- and seven Negroes. Additional good- perience before it is a child experi- will had been created by a film called ence." The outlook is promising, as it always is when racial situations are 4.4 "Dallas at the Crossroads." In a city ah 961 -1-)* t...) 'NJ-ft G-ro POST cb. --Anc , ••• • which many years ago was a center approached with an intelligent friend- .• of Ku Klux Klan activities, there liness. `Fated to Do What They Would Have to Do' (Continued from Page 1) tion just closed; another is the craft unionist; Schmidt is an oil- to be home in San Antonio more, Political Struggle worker, an industrial unionist. and matters were not getting any the same amount Brown asked election of Roy Evans, president Schmidt and Brown now threw While neither would exclude better; he resigned the state of- for the Texas AFL-CIO and was of an auto local, secretary-treas- themselves into a plain political from a program the interest of fice and went to work for 'his lo- denied. urer to replace Schmidt. struggle. Although the senatorial the other, Brown stresses rallying cal in San Antonio. Schmidt says Schmidt said he has had sev- On the other hand, the Wall campaign and legislative matters the troops to the battles of picket- he did this as a stepping stone to eral job offers but is not in a Street Journal has speculated that cramped his style somewhat, lines and elections; Schmidt political advancement through the hurry to decide. He accepted his if Reuther charters the Texas Brown notes that he was in the stresses community political edu- building trades. In San Antonio oilworkers' caucus nomination to conference, industrial unionists in field 48 percent of his time. cation and gains for labor through Brown organized and conducted serve on the state labor executive other states might follow the Schmidt began to undertake the Texas lead. If one visualizes a political reform. a successful strike by the mem- board, so there is speculation that construction of an industrial-un- In spite of their similarities, bers of his local. he plans to stay in Texas. He is network of industrial union de- ion power base within Texas AFL- there is between two such men not an officer of the new I.U.C., partments in all the states, the Last fall the situation was CIO to counter Brown's building Journal has commented, the old a potential for conflict. but played a key part, of course, ripped open by Holleman's acces- trades base; the divisions of the In 1957 and 1958 this conflict in bringing it into being and is AFL-CIO divisions might be in sion to Washington. The muted convention first took form in this fact renewed, with national AFL- began. Brown was traveling the expected initially to work with or disagreements between Brown political context. state to address workers' educa- advise it in some capacity which CIO becoming a paper organiza- and Schmidt became an open, For a time there was specula- tion seminars and similar meet- will not be his full-time employ- tion presiding over the building bitter, and soon irremediable feud tion Schmidt was running for ings. Schmidt says Brown took . ment. trades and industrial union de- over the presidency Holleman va- president—Brown is convinced he partments. umbrage when Holleman, the The headlines which rocketed cated. was—and then it began to be What began as a personal ques- across the front pages of the state Brown says, "I had always told known he was going to have to tion four years ago thus culmin- 1-i-, 1.1 lr press that Texas labor was split • Jerry that if he moved up, I fight for re-election. Brown and ated this week in division within 4 " I or engaged in civil war caused I 1, • %ay • would be interested; but I didn't Roy Evans, president of the auto Texas labor that may have a bear- some resentment among the dele- " ria expect it would be so soon. It's workers' big Grand Prairie local, ing on the national labor scene. gates concerned that labor put the kind of place where you fig- reached a political rapport. Evans forward a face of unity, but the Differences ure perhaps you might be head was brought in to replace public intention of member un- In some ways Brown and of the organization; it was just relations director John McCully president then, consulted Schmidt ions to divert into their own con- Schmidt are alike. They are both natural. Having traveled so many (who had left to join Holleman in on decisions about Brown's. work; ference's work the money they liberals and have stood together years and having so many friends, Washington). Schmidt is con- Brown says Holleman always helped deny to the Texas AFL- in past conventions, for example, I felt I had the necessary votes." vinced Evans was running for made the decisions, but agrees CIO involves a division of la- for integration. They are both A mutual friend says when secretary-treasurer at this time. with Schmidt that Holleman gen- bor's resources at the state level. leaders who regard their work in Brown told Schmidt he had the The alliance of the convention be- erally decided in favor of Schmidt. the world as something of value; votes, Schmidt could not believe tween the building trades and the Asst. Secretary of Labor Jerry The friction occurred where they are both proud men. it Schmidt says it is true he felt auto workers followed in natural Holleman told the delegates their Schmidt's responsibility for dis- Their differences are differ- he had earned promotion, and this course. troubles mirrored the troubles of bursing the organization's funds ences of education, manner, and was a factor in the situation. In the old CIO council in Texas, national labor. With the national touched Brown's field work. method. Brown is a rough-and- Brown says Schmidt "felt that he there was a long-standing compe- presidency falling vacant next Schmidt says Brown traveled tumble fellow with a foghorn had warranted their confidence tition between the steelworkers December if Meany retires, at- around without prior approval; voice and a game courage with and their support, and deserved and the oilworkers. When the tention is focused on the question Brown's point is that he was the English language which does it," and that there was "perhaps telephone workers affiliated with whether Walter Reuther, presi- in the field and knew where not always subdue it. Schmidt, a something a little unwholesome the council in 1949, oil and tele- dent of the auto workers and he was needed better than college graduate, handles the about somebody else coming in." phone formed an alliance which head of the national Industrial the ones back at the office. language smoothly and articulate- controlled CIO against steel and Union Department, will charter Brown believed the work in the Brown says this was the ly. They are both strong, per- "strongest underlying factor" in auto workers. These are general the Texas I.U.C. when it applies field was most important, but suasive speakers, Brown especial- statements, but they are general- for a charter and thus encourage Schmidt believed the costs needed the conflict. Schmidt says, "All ly if he is talking to working men, ly true. In the Galveston conven- a return to a modification of the to be checked on behalf of other this gets back to you, you know— Schmidt especially if he is talking tion just concluded, steelworkers old CIO. One fact considered ger- work by the organization. At this I hear Hank's said `Schmidt's mad again joined autoworkers in alli- mane is the Texas auto workers' to a general audience. Brown is early stage there were also some because I rose up and shot him out of the saddle.' This rankled ance against telephone and oil- alliance with the steelworkers ambitious in an aggressive way, political undertones. workers; only this time, as a pro- and the craft unions for Brown, Schmidt in a way less aggressive. Early in 1959, Brown says, there me." Brown •state vice-president from against Schmidt, in the conven- Brown is a pipefitter, that is, a was a major difference of opinion. The executive board of Texas AFL-CIO in January voted 14-8 to a craft union said, "They're real- The full-time directorship of ly Navin' their day now! They're women's activities was discon- install Brown as president until leading this thing more than we tinued, and Brown was quite un- the convention. are." happy about it. ('His program for "I think Hank just set out to Brown says that in February RELIABLE REAL ESTATE SERVICE the coming year stresses women's strip the secretary-treasurer's of- he counted the votes and found activities.) His family wanted him fice of any executive authority and reduced it to a book-keeper's himself with a 60-40 majority. As job," Schimdt says. "The Consti- time went on this grew into the Arthur Hajecate tution requires he consult the two-thirds he obtained, he said. secretary-treasurer. In Hank's On May 20, however, in the MARTIN ELFANT mind consultation is a matter of Stephen F. Austin hotel ballroom, touching base—after he's done Schmidt showed his hand. One METROPOLITAN REALTY CO. something he'll tell you he's done hundred and eight representatives Sun Life of Canada it. I wasn't a partner in it—this of 21 international industrial un- all happened the first two or ions in Texas met all day behind 4340 Telephone Road three days. I told Hank it would closed doors and formed an or- Houston, Texas be a lot cheaper for him to buy a ganization one described as "rem- check-writing machine than pay iniscent of what we had in the HOUSTON, TEXAS CA 4-0686 $11,000 or $12,000 for a secretary- old CIO." treasurer." Steel and auto were not there, "He's a good man, a brilliant but it was the first time indus- man," Brown says of Schmidt, trial unions had held a separate "but it appeared to me that he meeting in Texas since the merg- just would not accept the decision er. Quotes which made their way JUMPIN' of the board as the will of the through the closed doors ran like TONIGHT IN LIVING these: "Unite and keep ourselves WATCH REAL SHOW COLOR ! people. In his Report" ( newslet- ter to members) "he said labor from being gobbled up by the politicians made the decision, not craft unions." "If we can't . . . live the people. . . . Several attempts together, let's take our money out were made to get us together by and find something we can live a number of people, but his re- with." ports kept giving the president Had compromise been a possi- a rough time. The friends in, the bility, it would have occurred aft- field began to take offense even er the May meeting, for carrying more than I did . . I thought, the fight to the finish between well, three or four months, he'll the Brown and Schmidt blocs ob- cool off and time would heal it. viously portended division of "As you'd go out in the field some bitter kind. But Brown they were ready to discontinue would not accept Schmidt as sec- that sort of thing or have what retary-treasurer, saying he would we have had, a first-class rhubarb take anyone but him; Schmidt could' not visualize himself work- here. Meantime his friends were urging him to continue taking the ing in concord with Brown either. Some of Brown's supporters were SPECIAL GUESTI firm stand he did. 'As weeks and months went by the problem com- eager to press the advantage, en- pounded itself." joy the victory; some of Schmidt's Bob supporters were determined to OPE stand the gaff if it split their spine. _.411 CLASSIFIED In this way Brown and Schmidt UNION DEMOCRACY IN AC- TION reports rising reform confronted each other on the plat- The movements in labor. 10 issues $3. form at the Moody Center in Gal- Sample free. Box 62 Knicker- veston like actors in a Greek play, eTimroyDuranto Show bocker Sta., NYC 2, NY. fated to do what they would have ==■=•=•=4 to do. SPONSORED BY UNITED STATES NBC-TV, AUGUST 9 BREWERS ASSOCIATION, INC. THE TEXAS OBSERVER (Second and concluding report Page 6 August 5, 1961 next issue) cious, inhumane, based on self- Lucey Defends Migrants Galveston Convention ishness instead of service," he ex- claimed. GALVESTON Gonzalez, indirectly alluding to Archbishop Robert E. Lucey `An Invisible Crisis' COPE's endorsement of Maury of San Antonio excoriatekl Maverick Jr. for the U.S. Senate, growers who exploit migra GALVESTON American history except dur- against it; YarborOugh said heads said the 500 or 600 persons pres- workers as greedy, rapacious; American labor has come to ing the first hundred days of will roll: Schwartz said the corn- ent "actually have their hearts and evil in a speech before the a standstill and may be break- Roosevelt." position of the Senate can be beating in unison," but "It's been state labor convention here. ing ranks, Asst. Secy. of La- Yarborough said he has "voted changed in 1962. a little rough lately. It's been ra- The Catholic prelate condemned bor Jerry Holleman told the with the people." It is, he said, a Congressman Jim Wright of ther disappointing and disconcert- the exclusion of farm workers Texas labor organization of principle of his political philoso- Fort Worth did not attend as ing to wage a fight in a vacuum." from most social and workers' which, a year ago, he was pres- phy "to do more than I promised expected because of an important He told of a letter he had been benefit legislation and charged ident. to do." He "would relish nothing vote in Washington. In his ab- shown in which a citizen argued that "agriculture is a sacred cow." for a general sales tax as "the The turbulent Texas labor con- better than a good hot election sence he came in for circumspect Migrants are defenseless, alone, vention mirrors the problems of in Texas and we'd see how this criticism from H. S. (Hank) only way to get taxes paid by have no bargaining power, and the labor movement nationally, pure Goldwaterism would do," Brown, president of the state la- the messcans and niggers." must • work to eat; if a grower Sales tax forces, strong and or- he said. he told the whooping union men. bor group, who took note of his pays him 30 cents an hour and ganized, have "mesmerized and Figures indicating labor has Enumerating legislative changes recent vote against the bill reor- works him twelve hours a clay, "passed its organizational peak," since January, Yarborough cited ganizing the National Labor Re- contused those who would other- he has no choice but to take it, wise realize they have a fight" Holleman said, show that in 1945, the $1.25 minimum wage law ex- lations Act to shorten the length Lucey said. He was not saying all and reduced them to saying, 34 percent of the non-farm work- tended to more than three million of time required for labor case growers are "dishonest and dis- "'Well, we'll be outvoted, and ers were organized; today only more workers; $5 billion new appeals. Brown said Wright will honorable," but that the treat- I'd rather vote for this than vote 35 percent are. Again, 18,500,000 money for low-interest-rate hous- "have to account for this to the ment of some migrants is "ghast- workers were organized in 1956, ing; 35-year loans for hardship people, just as he had to account for that.' " ly and uncivilized," he continued. for other votes." He would see to it that there and the same number in 1960, al- cases and 100,000 new public hous- Yet, "with some honorable ex- Speaking first, Schwartz proph- will be at least one man on the though the work force has since ing units; another $1 billion for ceptions," among the growers "a esied enactment of a general sales record—there would be at least increased by 4,000,000. FHA housing; extension of vet- labor organizer must be subver- tax with a few other provisions. a handful—who "preferred to go Some have said labor is losing erans' home loans; retirement on sive and un-American. He is poi- The problem of the 14 resisters down to future political defeat to "its sense of purpose" and "no social security at 62 and an in- son. They won't have him around," in the Senate, he said, has been saddling on the people a tax they longer is idealistic as it used to creased monthly minimum from said the Archbishop. "I think its their disorganization, contrasted will never be able to shake off be," mainly interested now in $33 to $40; higher assistance pay- about time for reactionary grow- with the clock-work strategy of the yoke of their neck." "feathering its own nest." There ments for the aged and blind; 13 ers to join the human race and the sales taxers, advised by the is the danger, he said, "of turn- additional weeks' unemployment He felt so sorry for a lobbyist begin to act civilized." ing inward upon itself; of com- compensation; loans to the rail- Texas Research League. who was talking for "a billion In Texas, he continued, poor placency; of contentment with roads to "keep their heads above Between five and eight Senate dollar corporation" at one of the citizens get "precious little con- gains for members only. It is the water"; presidential extension of seats will become vacant in 1962 tax hearings, "tears rolling down sideration." Unions are suspect; danger that comes when a group food parcels distribution; and because of retirements and other the green carpet of the Senate," the legislature does not sustain is afraid to fight for an abstract, drouth relief for the Great Plains. circumstances; this will be an that he felt he should give him unfortunate and troubled citizens but humane cause. This is what opportunity to change materially half a dollar and tell him to go "in frugal comfort"; public assist- happens when labor adopts the the Senate's complexion, Schwartz buy a couple of hamburgers, Gon- anlce is called socialism. corporate dedication to private said. "We will win or lose the zalez said. "It is passing strange that all gain or self-interest. As unionists, Blasts from a Trio battle of the legislature in two the decent citizens who. believe years. It's your choice—you can The sales tax, he said, will you do not achieve peace and GALVESTON . the strong should take care of the brotherhood — or even full em- get out and do it, or you can sit reach into the home of a couple Three politicians addressed weak are socialists," he said. One ployment—by compounding self- back and not do it." on $68 monthly old age assistance the state AFL-CIO's Commit- can believe in human brother- ishness." and take two percent on their tee on Political Education ses- Yarborough, recipient of more hood without being a socialist. Taken together, Holleman said, gas, water, light, and telephone sion during the convention than 700,000 votes against Lt. Gov. "Civil government should help these troubles are "a kind of in- bills. "We have reached the depths here ; in vehemence they com- Ben Ramsey in 1960, said politi- the common good. This is not visible crisis." Texas labor prob- to go to the relief rolls to get pensated for their number. cal leaders should be warned that socialism. It is love of neighbor lems reflect the crisis, although our two percent on $68," he de- Sen. Henry B. Gonzalez, an- they should say now they are . . . and it is good common sense," in Texas labor does not yet com 7 clared. nounced candidate for Congress opposed to the general sales tax; he said. mand the strength it does na- from San Antonio; Don Yarbor- that those pleading in 1962 that Closing, Gonzalez told the la- The Archbishop reasoned that tionally. While making progress, ough, probable candidate for lieu- they were "out of town" or "I bor delegates "not to let some of lawyers who oppose closed shops "you have not yet really cap- tenant governor or governor in couldn't get here" will "hear the these things like the U.S. Senate for workers have them for them- tured the heart and the respect 1962; and Sen. Babe SchWartz of people's voice." race necessarily engender divi- selves, as do teachers who are of this state. . . . Largely before Galveston affirmed their opposi- "There is a diabolical plot to sions that are so profound they required to pay dues to the Texas you is the day when labor is no tion to the general sales tax. Gon- press down on the brows of the cannot be joined and made up State Teachers' Assn. longer a taboo expression, signal- zalez pledged all his resources people a pernicious sales tax, vi- for." R.D. ing something vaguely un-Texan." For this reason, division now is Ashley Molesworth Classen, a the petition of plaintiff in Cause filed in said Court on the 27th Odiorne, Earl Wilson, Agness Wil- LEGALS minor, who resides in El Paso, Number 122,890, in which Made- day of April, 1960, and the nature son, Guy Brown, the legal repre- especially tragic, he said. THE STATE OF TEXAS Texas; line Meilleur is Plaintiff and of which said suit is as follows: sentatives of Guy Brown, de- Holleman said Texas labor Kathleen Molesworth, a feme Charles D. Meilleur is defendant, Being an action and prayer for ceased; the heirs of Guy Brown, TO any Sheriff or any Constable sole, who resides in Austin, Texas; filed in said Court on the 14th judgment in favor of plaintiff deceased, and the legal represen- should fulfil five responsibilities: within the State of Texas— day of July, 1961, and the nature and against defendant for decree tatives of the heirs of Guy Brown. Frances Molesworth Long and deceased, are defendants, the first GREETING: her husband, Ernest T.,ong, who of which said suit is as follows: of divorce dissolving the bonds You are hereby commanded to Being an action and prayer for of matrimony heretofore and now amended petition in said cause • Continue to make common reside in San Benito, Texas; having been filed in said court cause to be published once each Travis County as tax collector judgment in favor of plaintiff existing between said parties; cause "with migrant work- week for 4 consecutive weeks, the and against defendant for decree Plaintiff alleges that defendant on June 13, 1961, and the nature for itself and the State of Texas; of which suit is as follows: ers, whether organized or not; first publication to be at least 28 and of divorce dissolving the bonds is a resident of Kansas City, Mis- days before the return day there- of matrimony heretofore and now souri; plaintiff alleges that de- Being an action and prayer for with the R.E.A.; the farmers; with of, in a newspaper printed in City of Austin as tax collector existing between said parties; fendant commenced a course of judgment for plaintiff against de- Travis County, Texas, the ac- for itself and the Austin Inde- Plaintiff alleges that defendant unkind, harsh and tyrannical fendants Paul K. Odiorne, Earl the school children; and senior companying citation of which the pendent School District. commenced a course of unkind, treatment toward plaintiff, and Wilson, and Agness Wilson for herein below following is a true Such parties are also alleged in harsh and tyrannical treatment that defendant was guilty of ex- the unpaid balance of one promis- citizens who have no other spokes- copy. the petition to own or claim an toward plaintiff and that plain- cesses, cruel treatment, and out- sory note for $2,000.00, of date interest in the property. rages toward plaintiff of such December 18, 1952, signed by Earl men; with the •school teacher; CITATION BY PUBLICATION tiff did nothing to bring about The defendant, Edward Moles- this treatment; plaintiff alleges a nature as to render their fur- Wilson and wife, Agness Wilson. with the Latins, with the Negroes, THE STATE OF TEXAS worth, is the owner of an un- that defendant was guilty of ex- ther living together insupport- payable to the order of defendant TO the Unknown Owners of the divided one-fourth interest in said cesses, cruel treatment and out- able; plaintiff alleges that they Paul K. Odiorne in annual install- and many others." following described property or property. The exact interest of rages toward plaintiff of such a acquired as community property ments, and for the interest and any interest therein: the remaining defendants, includ- nature as to render their living one 1951 Ford and one TV set, attorneys' fees which have ac- Make themselves appealing Lot No. Twenty-Two (22) in ing the unknown owners, in the together insupportable; plaintiff and further alleges that one child crued on said note; and for fore- to unorganized workers — "Archway", a subdivision of Out- remaining undivided three-fourths alleges that they acquired an was born of this marriage, to-wit: closure of a vendor's lien on Lot lot No. Nine (9), Division "D", of interest in said property is un- equity in a home at 207 W. 551/2 Angel Sheffield, age 2 years; No. 11, in Cameron Acres, a sub- teachers, technicians, retail work- the City of Austin, in Travis known. St., Austin, Texas, household fur- plaintiff alleges that defendant division of the John Applegate County, Texas, as shown by the If this citation is not served niture and effects, a business is well able to contribute a rea- Survey, in Travis County, Texas, ers, white collar workers. plat of same recorded in Volume within 90 days after the date of known as M & M Embossing sonable amount for support and and for forecloseure of a deed of • Help launch a new labor 2, page 208, of the Plat Records of its issuance, it shall be returned Company located at 5200 N. La- maintenance of said minor child; trust lien on said Lot No. 11 and Travis County, Texas, and being unserved. mar, Austin, Texas, one 1959 Mer- Plaintiff prays for judgment of on Lot No. 10 of said Cameron Acres; for order of sale, writ of era in the South, victim of the same property as that de- The officer executing this writ cury Station Wagon and one boat, divorce from defendant, division scribed in the deed from Mary shall promptly serve the same motor and trailer, and plaintiff of community property; care,-con- execution, writ of possession, "exploitation and demagoguery," Ellen Martin to Mrs. E. C. Moles- according to requirements of law, owns as her separate property a trol and custody of the aforemen- costs, and •general relief. in which some areas, including worth, dated June 9. 1921, ',and and the mandates thereof and vacant lot at North Shore Colony, tioned minor child and a reason- All of which more fully appears recorded in Volume 349, pages 557- make due return as the law di- Travis, County, Texas; Plaintiff able amount of money for support from plaintiff's first amended parts of Texas, "have never ac- 558, of the Travis County Deed rects. prays for a judgment of divorce and maintenance, to be paid in original petition on file in this monthly payments, of said minor office, to which reference is here cepted either the Ten Command- Records. ISSUED on this the 28th day against defendant, for a partition GREETINGS: of July, 1961. of community property, that the child until child reaches the age made. Court find the vacant lot located of 18 years, and that defendant WITNESS, 0. T. MARTIN, Jr., ments or the first Ten Amend- You are hereby notified that on L. THEO BELLMONT pay costs of court; plaintiff fur- the 21st day of September, A.D. CARL T. WIDEN at North Shore Colony, Travis Clerk of the District Courts of ments." County, Texas, to be the separate ther prays for relief, general and Travis County, Texas. 1961, at 2:00 o'clock P.M., at C. B. STERZING special; • Contain "the forces of reac- County Courtroom in Travis Special Commissioners property of plaintiff, and for such Issued and given under my hand County Courthouse, in the City other and further relief, in law All of which more fully appears and seal of said court at office tion which could destroy of Austin, Travis County, Texas, NOTICE OF INTENTION and equity; from Plaintiff's Original Petition in the City of Austin, Texas, this the undersigned Special Commis- TO INCORPORATE All of which more fully appears on file in this office, and which July 20, 1961. Texas from within" with pro- sioners, appointed by the County Notice is hereby given that from Plaintiff's Original Petition reference is here made for all intents and purposes; 0. T. MARTIN, JR. grams for the public good, rather Judge of said county to fix the J. J. Lampis and G. C. Sarris do- on file in this office, and which Clerk, District Courts, market value of, and to assess the ing business as Christi's, 3130 reference is here made for all in- If this citation is not served Travis County, Texas. than concentrating on legislative damages, occasioned by the con- Broadway, San Antonio, Texas, in- tents and purposes; within 90 days after date of its demnation of the fee simple title tends to incorporate under the If this citation is not served issuance, it shall be returned un- objections "of special, even pri- to the above described property. name of Christie's, Inc., on July served. NOTICE TO ALL PERSONS within 90 days after date of its HAVING CLAIMS AGAINST will proceed to hear evidence and 1, 1961. issuance, it shall be returned un- vate, concern, to the trade union Dated at Austin, Texas, June WITNESS, 0. T. MARTIN, JR., THE ESTATE OF F. M. assess the damages accruing by served. Clerk of the District Courts of STAPLETON, DE- movement." reason of this acquisition through .., 1961. Travis County, Texas. proceedings in condemnation. Owners WITNESS, 0. T. [MARTIN, JR., CEASED • And maintain public dig- J. J. LAMPIS Clerk of the District Courts of Issued and given under my hand Notice is hereby given that The petition of the condemnor Travis County, Texas. and the seal of said Court at of- seeks to condemn said land for the G. C. SARRIS original Letters of Administration nity, keeping internal prob- Issued and given under my hand fice in the City of Austin, this With Will Annexed upon the expansion of campus facilities of the 13th day of July, 1961. lems out of 'the • public record. The University of Texas under Notice is hereby given that and the seal of said Court at of- estate of F. M. Stapleton, de- the authority of the Arts of 1959, W. Roland Lund, J. A. Ramirez, fice in the City of Austin, this 0. T. MARTIN, JR. ceased, were issued to me, the "Newspapers, as a rule, are inge- 56th Leg.. R.S., Ch. 119, n. 208. Jr., and Edmund X. Ramirez, do- the 14th day of July, 1961. Clerk of the District Courts, undersigned, on the 27th day of ing business as Dallas Trophy & nious institutions — give them Said petition was filed with the 0. T. MARTIN, JR., Travis County, Texas. July, 1961, in the proceedings in- County Judge of Travis County, Award Center, 4028 Swiss Avenue, Clerk of the District Courts, By A. E. JONES, Deputy. dicated below my signature here- enough rope, and they'll hang Texas, by petitioner. the Board of Dallas, Texas, intend to incorpor- Travis County, Texas. to, which is still pending, and that Regents of The University of ate without change of name. By A. E. JONES, Deputy. CITATION BY PUBLICATION I now hold such letters. All per- you," he said. Texas, on the 27th day of July, Dated at Dallas, Texas, July 24, THE STATE OF TEXAS sons having claims against said 1961, and is styled Board of Re- 1961. estate, which is being adminis- cents of The University of Texas Owners: W. Roland Lund CITATION BY PUBLICATION TO: Guy Brown, the legal rep- tered in the county below named, Y. Edward W. Molesworth, et al. J. A. Ramirez, Jr. THE STATE OF TEXAS resentative of Guy Brown, de- are hereby required to present the * * being Cause No. 263. Edmund X. Ramirez ceased, the heirs of Guy Brown, same to me respectively, at the TO Walter Sheffield, Defend- deceased, the legal representa- Other parties defendant are: address given below, before suit Ralph Lauds Kennedy CITATION BY PUBLICATION ant, in the hereinafter styled and tives of the heirs of Guy Brown, upon same is barred by the gen- Edward W. Molesworth, who re- numbered cause: deceased; eral statutes of limitation, before THE STATE OF TEXAS sides in Roswell, New Mexico, also You are hereby commanded to You, and each of you, are here- such estate is closed, and within GALVESTON known as Edward Molesworth, in- TO Charles D. Meilleur, De- appear before the 98th District by commanded to appear before the time prescribed by law. My dividually and as sole surviving fendant, in the hereinafter styled Court of Travis County, Texas, to the 126th Judicial District Court residence and post office address Senior Senator Ralph Yar- and acting independent executor and numbered cause: be held at the courthouse of said of Travis County, Texas, to be are 407 Sharon Drive in the City borough reported to Texas la- of the will and estate of his You are hereby commanded to county in the City of Austin, held at the Courthouse of said of San Antonio, Bexar County, mother, Mrs. Emily C. Moles- appear before the 126th District Travis County, Texas, at or be- County, in the City of Austin, Texas. The name and address of bor in convention here this worth, deceased; Court of Travis County, Texas, fore 10 o'clock A. M. of the first Travis County, Texas, at or before my attorney and the attorney for Ashley G. Classen, who resides to be held at the courthouse of Monday after the expiration of 10:00 o'clock A.M. on the first said estate are R. Dean Moorhead, week that more social progress in El Paso, Texas, individually said county in the City of Austin, 42 days from the date of issuance Monday after the expiration of 307 First Federal Building, Aus- has been made this year under and as independent executor and Travis County, Texas, at or before hereof; that is to say, at or be- 42 days from the date of issu- tin, Texas. trustee under the will of his de- 10 o'clock A. M. of the first Mon- fore, 10 o'clock A. M. of Monday ance hereof, that is to say, at or F. MYRON STAPLETON President Kennedy than "any ceased wife, Hilda M. Classen; day after the expiration of 42 days the 28th day of August, 1961, and before 10:00 o'clock A.•. of Mon- Administrator With Will An- Nicholas William Classen, who from the date of issuance hereof; answer the petition of plaintiff day, September 14, 1961, and an- nexed of F. M. Stapleton, De- other comparable time in resides in El Paso, Texas; that is to say, at or before, 10 in Cause Number 117,672, in which swer the petition of plaintiff in ceased, No. 22,378 in the Coun- Jane Helen Classen, a feme sole, o'clock A. M. of Monday the 28th C. M. Sheffield is Plaintiff and Cause No. 115,260, in which M. Z. ty. Court of Travis County, who resides in Austin, Tcxas; day of August, 1961, and answer Walter Sheffield is defendant, Piland is plaintiff and Paul K. Texas. Official Guesses Lobbying, Blue Laws, Tuition AUSTIN ried for fear the amendments benefits from $28 to $37, the mini- As the Observer goes to press, would make it too strict to be mum from $7 to $10, the maximum the status of much key legislation enforced. weeks covered from 24 to 26, and Draw Criticism was still up in the air, but amidst Rep. Malcolm McGregor, in a the total maximum from $672 to the chaos these actions were diplomatic gesture towards Latin $962. AUSTIN inadequate, could vote it down seen: America and towards his heavily Passed to engrossment, but still with good excuse. Since the "right" estimate Sam Collins' lobby-control bill Latin constituency in El Paso, kicking around in the House late Sandahl was long-suffering. "I released at the right time by was up before the House and be- steered through the House his Friday, was the so-called "blue don't think Calvert did it on pur- the state comptroller can make ing toughened through amend- bill to grant Latin American stu- law" which would tighten down pose," he said. "The comptroller's or break a revenue bill, some ments. Some legislators were wor- dents in-state tuition at Texas on businesses operating on Sun- legislators on the losing side cffice does not have an adequate state schools. day. For the most part the bill have accused Comptroller Rob- staff. I think he does a commend- more here than some people Earlier in the week the House, is pushed by downtown city mer- ert S. Calvert's office of help- able job with what he has." think. When we get a bill possibly remefnbering the healthy chants who don't like suburban ing to scuttle two key money Whacking Begins through, they'll find out." turnout of indignant University discount stores, which usually Ironically, the Texas Finance of Texas students at the com- stay open on Sunday, from cut- measures this session. In his original estimate, Cal- Advisory Committee's report two mittee hearing, turned down Rep. ting into their business. The Sen- The debate centers over Cal- vert (or rather Kenneth Kimbro, years ago, on which the governor Reed Quilliam's bill to double the ate had already passed one ver- vert's role in dealing with the his chief clerk, who carries most based his own generous escheat state tuition by a vote of 109-24. sion of the bill, but with House $5 deductible sales tax bill and of the research burden) went on estimates, was signed by Calvert. An unemployment compensa- amendments it must go hack for the escheat measure. the assumption that most indus- 'Calvert admitted this without tion bill, opposed in hearings by re-approval. Rep. Charles Hughes of Sher- trial sales would be above the $5 coaxing. "I wouldn't want you to both labor and the Texas Manu- The House voted to abolish the man flatly charged Calvert and tax floor and would therefore find out later and think I had facturers Assn. before it reached State Parks Board by giving its his staff with deception when contribute to the take. Later in- held out on you," he said. "But I the floor, ripped through the work to the Game and Fish Corn- they estimated that Hughes' es- vestigation reportedly showed didn't agree with everything in House with topheavy approval. mission. It was called an economy cheat bill would raise only $2,- that many industrial sales would that report." B.S. It raises the maximum weekly move. 648,205 for the 1962-1963 biennium. fall under the $5 exemption—so Calvert's estimate was leaked in many, in fact, that he whacked a letter to conservative Rep. Bill off $16 million from his original, Jones of Dallas. guess on this point alone. For _years Hughes has fought Calvert had also assumed orig- for support of the escheat meas- inally that only 10 percent of REMEMBER HOW GREAT ure with the argument that it hardware store and lumber yard would raise between $35 million transactions would be exempted and $40 million on the first round from the sales tax. Later inves- CIGARETTES USED TO TASTE? of collections. tigation convinced him that 50 Gov. Price Daniel, to whom the percent of the sales would be ex- LUCK/ES STILL DO bill is also a precious effort, has empt—and off came another $12 been more modest in his esti- million from the estimate. mates, but though he has come In fact, according to Calvert's down from his original estimates letter to Turman, the comptrol- he has never gone below $10 mil- ler's final estimate jibed with lion. Sandahl's on only two points— Hughes accused Calvert of mak- the $7.3 million to be raised from ing ."no real attempt to evaluate the driver's license fees and the my bill." $9.3 million to be raised from the He said it was pressure result- motor vehicle inspection fees. ing from Calvert's estimate that Chief Clerk Kimbro said he was II/0111E'S cut his support and forced him to terribly rushed in making the remove banks from the escheat original estimate. bill that got House approval. "They came to us on a Friday Easier on Senate and asked us to have it ready the following Monday," he said. "Bills If Hughes was furious, Rep. are hard enough to interpret, and Charles Sandahl of Austin at this bill wasn't even written. least was unhappy with the comp- Words mean different things to ► troller, although he was some- DO 'T different people. That Saturday I what forgiving of the fact that met with the subcommittee and Calvert's estimates of what his heard them out and then I said, HB 20 would bring in via a $5 'No other exemptions besides the deductible sales tax doubtless ones you've mentioned?' And they killed whatever feeble chance the said 'No others' I asked them bill had of passing unchanged that three times. through a Senate that already had set its mind on a 25-cent deducti- "Then later they said, 'Oh, we SKIMP ble tax. thought you knew we were also "You might say my chances going to exempt things like liquor They're so round, so firm, so fully were not good from the outset, and cigarettes.' I thought `no oth- and that's putting it mildly," said er exemptions' meant `no other packed—so free and easy on the draw. Sandahl, "but there's no question exemptions,' but it didn't. So I but what the comptroller's change had to start revising." of estimate made it easier for the 'Stupid Appraisal' They're fully packed with fine tobacco. Senate to turn down my tax bill." While the confusing juggling Then Sandahl thinks a comp- of figures that went on around They're firmer than any other regular troller's estimate, even if hastily HB 20 may be of some archival made, can shape the fate of a tax interest, the bill never had the proposal? "It can, and did," he hardcore, but minority, enthus- cigarette. And Luckies smoke longer. said. "I think the comptroller in iastic support that the escheat this matter was conservative— bill has steadily recruited, which and I mean both politically con- may be why Hughes is more irri- THAT'S WHY THEY TASTE SO GREAT servative and cautious." tated. Sandahl originally estimated that the potential revenue from By what method did the comp- HB 20 would be $328 million. That troller arrive at $2,648,205 million was on July 22, and Calvert, in a as the probable take from an letter to House Speaker James Abandoned Property Law that Turman, admitted that this esti- would confiscate certain dormant mate "was based, to a consider- accounts? It was simple. able extent, upon figures that I He and his staff. wrote off to had previously furnished you." 13 states that had passed such laws. Then they selected eight of Critical Timing these states — the eight they Later Calvert revised his esti- thought most fitting for a corn- mate to $275,209,471 for the bien- parison--added up their first-year nium—a drop of $52.8 million. And collections, and divided by eight. as if this weren't enough, he Answer : $21,985,643. pointed out that only $259,783,987 "That's the most stupid ap- would go into the general fund. praisal I have ever heard of," But worst of all, to Sandahl's said Hughes. mind, was the timing. Calvert's Where had Hughes got the in- revised estimate, he said, came formation on which he based his too late for him and his subcom- own estimate of $35-$40 million? mittee to make use of it. "If we "Mostly from New York and Cali- had known the take was going to fornia," he said. "Not official re- be so low, we could have re-writ- ports. Then we got to checking ten the bill," he said. As it was, around and found out what was the Senate, having the word of in some of the abandoned ac- the comptroller that HB 20 was counts here in Texas—that's con- fidential; I can't say anything Get Texas-size taste * Get Luckies today!

THE TEXAS OBSERVER about how we got that informa- THE AMERICAN TOBACCO CO. Page 8 August 5, 1961 tion. It's confidential. There's