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C. T JOHNSON Your Denupratic Candidate for LT. GOVERNOR … “HONESTY IS STILL THE BEST POLICY”. Reduce high taxes State utility commission $75 monthly pension. at 65 HDQRS.: 1901 RALEIGH AYE., AUSTIN Hart, Sheppard Out Wilson In Official Doubts Daniel Eligible Denton County Party Leader Gets Answer from Senator AUSTIN The chairman of the Denton County Democratic Executive Committee told the Observer early this week that he thinks. Senator Price Daniel will be legally ineligible for the governor’s race this summer until’ and unless he resigns from the Senate beforehand. W. C. Boyd, Jr., chairman of the Denton County Democratic Executive Committee, said from Denton that he wrote Daniel and George Sandlin, chairman of the State Democratic Executive Committee here, so advising them on March 28. “So far as I understand the la /w, until he dOes resign he’s not eligible,” he said. Boyd, who is an attorney, said he had not had time to brief out the matter carefully, but he referred to Article 16, Section 12 of the Texas Constitution, which says that no member of Congress is eligible to hold office in the state, and Article 1.05 of the Texas Election Code, which says that no person who is ineligible to hold office can be placed on the ballot. 2,” Boyd said, “and he said the same question had been raised some months ago. He got four attorneys to brief it, and they all said Article 1.05 means ineligible in any event to hold office and does not refer to someone who would be eligible upon relinquishing or resigning his present office.” Boyd said he still believes, “at tl;i,e moment,” that Daniel will be ineligible to be placed on the ballot unless he resigns, but he said he believes he would be bound to place Daniel’s name on the Denton County ballot if the State Democratic Executive Committee ruled Daniel was eligible without first resigning. The relevant portion of the Texas ConStitution: Article 16, Section 12. No member ofCongress nor person holding or ‘exercising any office of profit or trust under the United States or either of them or under any foreign power shall be eligible as a member of the Legislature or hold or exercise any office of profit or trust under this state. An Austin attorney who has briefed this question points out that the Constitution may make a distinction between eligibility for the Legislature and holding or exercising another office. Article 1.05 of the Election Code says: No person shall be eligible to any state, county, precinct, or municipal office in this state unless he shall be eligible to hold office under the Constitution of this State …. No person ineligible to hold office shall ever have his name placed, upon the ballot at any general or special election or at any primary election where candidates are selected under primary election laws of this state; and no such ineligible candidate shall ever be voted upon nor have votes counted for him at any such general, special, or primary election. In his letter to Daniel, Boyd said: I believe that I am prohibited by the Constitution and the Statutes of the State of Texas from allowing your name to be placed on the primary election. ballot in Denton. County, Texas, unless and until you resign from the United States Senate …. I feel that I have no alternative but to obey the Constitution and Statutes of the State of Texas … In his letter to Boyd, Daniel said: The same question was raised several months ago, and I asked four different attorneys to brief it. All have come to the conclusion thot Article 1.05 applies only tc those who are ineligible in any event to hold the office sought, and it does not apply to one who is eligible to hold the new office upon relinquishing and resigning from the present office. I assure you that I would not have announced for governor until I was thoroughly satisfied on this point. THE TEXAS OBSERVER APRIL 11, 1956 PAGE 7 AUSTIN The biannual spring poker game is about over, and Texas politicians are jumping in and out of races with alacrity. James P. Hart returned to Austin from a sounding expedition to several Texas cities and reluctantly announced he will not run for goyernor. He thanked . those who had encouraged him, but he said he had received “practically no encouragement” financially. Senator A. M. Aikin opened his campaign for lieutenant governor before several thousand at a barbecue in his home town of Paris; and Supreme Court associate . justice Will Wilson of Dallas announced for attorney general after incumbent John Ben Shepperd said he won’t run for governor or re-election. Hart’s withdrawal from the gubernatorial picture leaves Yarborough a clear field among loyalists and liberals. The former judge and University chancellor-had been outspoken against interposition and for enforcement of integration, and he had been winning support from many whose heads, are shaped more or less like eggs. Now , however, Yarborough’s workers are hoping that Yarborough can win in the first primary. Their optimism springs in partlirom the division among conservatives. Senator Price Daniel’s strength, his advis: ers now fear, is being cut into by W. Lee O’Daniel more than is Yarbor’ough’s. Reuben Senterfitt and J. Ev-. etts Haley are also bidding for conservative votes, whereas Yarborough is, as of now, unopposed for the basic loyalist vote. John C. White, Agriculture Commissioner still may run. Hart said he will not endorse anyone at this point. Yarborough told the Observer : “Jim Hart is one of the outstanding citizens of Texas. He is a man of high ideals and greatintellectual integrity. “He faced the problem that all of us Democrats face in Texas, the problem of representing the people who are unable to raise vast sums of money against the terrific financial power of the state political machine. “I have battled this problem for four years and. am in debt from two previous campaigns and know how difficult it is to get one Democratic dollar to every forty on the political machine’s side … . But this year the people . have been alerted to the dangers of the continued domination of Their state government by the old, morally bankrupt political machine in power. This year there is going to be a triumph of the human spirit over the organized publicity and propaganda of the political machine.” Daniel, busy, in Washington, was biding his time last week. He, plans a whirlwind 60-day campaign in Texas. The senator did announce from Washington that he may press for general states’ rights legislation to giVe AUSTIN The .possibility that a Dallas cancer clinic operator may run for governor on an anti-American Medical Association platform stirred interest thisweek. Harry M. Hoxsey of Dallas, whose cancer treatment was labeled worthless recently the’ Federal Food and Drug Admin7gtration, said he might run to bring pressure on that administration and the AMA. “People are tired of the AMA monopoly, unnecessary operations,. and high fees. I’m tired of them harassing my patients,” Hoxsey said. He is “fairly certain” he will run for the Democratic gubernatorial nomination. The Texas Medical Association has cancelled the medical licenses of Hoxsey’s seven-doctor medical staff. Hoxsey has appealed this to the courts and has sued AMA and the Texas State Board of Medical Examiners for $10 million damages. Meanwhile, W. Lee O’Daniel reviewed his accomplishments as gov states the right to handle their own sedition, narcotics, bank robbery, kidnaping, and similar problems either concurrently or separately from the federal government. il e T ARBOROUGH is planning an on-the-road campaign with an intense meet-the-people approach. He was in Dallas last week for speeches to the Riverside Lions Club and to a group of 150 supporters at the Delta R estau rant. He said Texas is 41st among the states in the average amount paid to dependent children, 36th in the average size of old’age pensions, and 47th in the nation in public health and hospitalization on a per capita basis. He said if he’s ‘elected he will sponsor reforms to benefit human beings as well as to save natural resources. The state’s mentally ill “are treated like criminals,” he said, and Texas is building penitentiaries to jail prisoners but has no program for their rehabilitation. He advocated the construction of both large and small dams to cope’ with water scarcity in Texas ; higher old age . pensions ; and restoration of the community service division of the Youth Development Council to help local communities combat juvenile delinquency. Of the state hospital system, he said: “We need treatment instead of mere custodial care. Building hospitals will not solve the problem unless we have enough good doctors to treat the patients.” He said an effective statewide probation and parole officer system could cut penitentiary populatiOn by onethird at a saving of $3 million_ a year. WILL WILSON Seeking Shepperd’s Post : ernor and ‘said -that “the forces of sin, graft, and corruption .. . know that my ‘official record as governor can not be erased from the pages of history.” He said he would expand his radio broadcast coverage \(still limited to one more contributions. J. J. Holmes, another gubernatorial candidate, said he favors legalized horse racing to provide revenue for Texas. He said the choice is between this and the sales tax. COLLECTOR’S ITEM? When “Ted Dealey suppressed the story of his own drunk arrest in his Dallas News, Expose’ published that story. If you would like a copy, send 25c and ask for “Issue No. 47.” EXPOSE’ 225 Lafayette St., New York 12, N. Y. A IKIN, running against U. Gov . Ben Ramsey and Austin builder C. T. Johnson, discussed higher educational problems. He said in this area that the state “must keep step with the advancing schedule of salaries paid by other states to their faculty.” He advocated that the income from the available fund of the University of Texas and Texas A&M be freed from appropriations so the governing boards can use the money to supplement salaries. The crowd responded -enthusiastically to his endorsement of a lobbyist registration law that would “enable the people to know who represents whom and for what,” to his defense of states’ rights and local ,government, especially in education, and to his .opposition:to state income or sales taxes. He endorsed the teacherretirement and mental patient commitment constitutional amendments, adequate water legislation, and more financial help to counties for purchase of right-of-way for state roads. Johnson, speaking in Taylo r, charged the administration pressures a “complete whitewash” from a Senate investigating committee on the U. S. Trust & Guaranty scandal. “No one knows where $125,000 went to,” he said. S HEPPERD did not take himself out of possible contention for the U.S.. Senate should Daniel win and vacate it. . His theme. was that his job was completed and the voters don’t owe him a third term just because of that. “I consider a race for re-election at this time virtually sure of success,” he said. But, he added, “if I ran again, it would be only for the sake of staying in public office. I have always considered public office a job to be done, not a job to be had.” He said he could pot campaign for another office “because of the heavy work load Of pending cases at this time, especially in the U. S. Supreme Court.” He said the end of the veterans’ land cleanup is in sight and that all of. the fraudulent insurance companies will be out of business within the next few months. He may have been hinting at an .availability for the prospective Senate race when he said : “I have financial backing for any campaign I choose to enter.” He said he could also have an efficient campaign organization. Wilson plans the opening of his campaign around June 1. He pledged “to safeguard and protect the interests o.f the people of Texas.” The fighting district attorney of Dallas County in the late forties and combat veteras said he was making his announcement because he wanted to give anyone who desires to make a race for his Supreme Court seat ample opportunity to file. James Norvell, associate justice of the Fourth Court of Civil Appeals in San Antonio, announced his candidacy for the Supreme Court seat the next day. “Equal justice before the law must not be hindered, delayed,. or denied to any person,” he said in his announcement. D. A. Tom Moore of Waco has been mentioned prominently for the race, but he has not yet begun plans for a campaign. .D. A. Les Procter of Austin is not a -likely candidate, but he said this week he still may run. Another Entry Possible