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BOW WILLIAMS Automobile and General Insurance Budget Payment Plan Strong Stock Companies GReenwood Z-4541 Z4 LAMAR, AUSTIN Let’s Abolish the Poll Taxi YOUR SAVINGS EARN MORE Accounts Insured To Current $10,000 Rate 4 Per Annum ALICE SAVINGS & Loan Association BOB MULLEN Vice-President Mullen Building Alice MO 4-5446 Over $1 1 0 Million Insurance In Force Cit giuktdtele4 INSURANCE COMPANY P. 0. Box 8098 Houston, Texas I Sales Tax Forces Eye Education Link Mrs. White Challenged; Urges Calm Approach McAshan-Elkins Case Appealed AUSTIN The celebrated McAshan-Elkins fight for a new bank charter in Houston \(Obs. July 19 & Aug. the Texas Supreme Court. The Austin court first held that both groups were entitled to charters; last month, the Court of Civil Appeals ruled that the Elkins group should get the charter; now the McAshan group has appealed for a review by the state’s highest tribunal. In the original state banking board imbroglio, Atty. Gen. Will Wilson and Treasurer Jesse James sided with the Elkins group, while Banking Cmsr. J. M. Falkner sided with the McAshan group. James Elkins is president of the largest bank in Houston \(First led a group identified with Texas National Bank and including R. D. Randolph, husband of the Democratic national committeewoman from Texas. Wilson voted for both charters but 24 hours later called a closed meeting of the board and reversed his vote, siding with the Elkins group only. In an Observer interview at the time he said, “I know it looks like there mighta been some wirepullin’but there wasn’t.” He said he had balanced the equities on reconsideration and found them “slightly tilted” for the Elkins group. Falkner refused to take part in the executive session, calling it “asinine” and “juvenile,” and adding, “The banking board has become the laughing stock of the state and I don’t appreciate it.” Discussing the case with the Observer this week, Falkner laughed and said, “There was a smell of politics about that case, wasn’t there? But you know we’re making history, toowe never had to settle a case like this before.” He explained that in 1946 the board set a rule that the first qualified applicant for a bank charter would get it. One of the points being contested in the litigation is whether the McAshan or Elkins group filed the first qualified application. DEMOS ARGUE; LBJ IS SECURE general belief Johnson will continue as majority leader. Speaker Rayburn’s remarks dovetailed with Johnson’s. He said there will be no “bad blood” between Eisenhower and the Congress. He said he does not think the South will bolt the Democrats in 1960. He discussed a farm program. a labor reform bill, and some reclamation and power projects. It seemed clear that Johnson and Rayburn would continue to be powers in the Congress but that they would be hearing a great deal from the new liberals. A strange controversy developed over whether Johnson has invited the new Democratic senators to his ranch early in December. Johnson has invited the new Democratic senators to his ranch early in December. Johnson said he had issued no blanket invitation, but Sens.-elect Hartke, Indiana; Hart, Michigan; Moss, Utah; McGee, Wyoming; and McCarthy, Minnesota, said they planned to visit Johnson early in December. Hart, for instance, said he had received by telephone an invitation to meet with others at Johnson’s ranch Dec. 6-7. / Basing his stories on the re search of the Texas industrial and occupational safety study commission, Felton West writes in the Houston Post that “industries in Texas are unnecessarily killing or maiming many workers each bers …” The commission estimated 997 workers are killed in industrial accidents annually in Texas, and 402,000 are injured or sickened because of their work. ,/ Hank Brown, Texas AFL-CIO educational director, noted in a release that four million voted no, 2,500,000 yes, in the six-state right-to-work elections Nov. 4 … Evidence in Austin is that the AFL-CIO will seek to negate the state right-to-work laws by repeal of the federal sanction of them in the Taft-Hartley Act. Political Intelligence / Reports reaching the Observer from conservative sources indicate the forces for a general sales tax in the next legislature will seek to hook it up to spending for education. Daniel is reported adamant against a sales tax, though he may go along with more selective sales taxes. \\/ San Antonio Light reflects that businessmen, “who hold all the seats on all the state’s 140 governing boards for state agencies,” are bringing in their biggest spending requests in his tory, hardly confirmation of the theory that businessmen in gov ernment cut down state spending. Elton. Miller, in the White because of the Citizens’ Charter Assn., “the Penthouse Gang,” “we have in Dallas a city government that is run without the consent of the governed. No good and honest man who has reasonable responsibilities to the down town banks would dare oppose them. … Was there much difference in the Pendergas rule of Kansas City?” / An anonymous ad in the Fort V Worth Star-Telegram advocates approval Nov. 18 of the proposed bond issue, and rejection of the city income tax, to finance various city improvements. POLICE CAMERA MAY EYE DWI’S AMARILLO The Amarillo City Police Department is attempting to install a movie camera to photograph persons arrested for drunken driving as they are led through the police station entrance. This procedure was devised after the National Safety Council recommended that Amarillo police increase convictions of drunk drivers. The movies would first serve as a prod to get persons to plead guilty to drunken driving charges rather than force their cases into court. Persons who would not submit the guilty plea would find the movies used as evidence against them in court. It has been proposed that the movie camera be mounted and focused on the prisoner entrance door, to be used only for persons arrested for DWI. The plan was recommended to the city commission by the Amarillo traffic safety commission. / San Antonio Express and V Houston Post advocate Texas get out of the ad valorem tax field, which would deprive the state of $34 million, part of which is allocated for textbooks. Texas Research League’s sixth report presents evidence in support of the same idea. Dallas News says it might be all right except that the state needs money from “every available source.” The News advocates “simply cutting down on future increases in spending.” The Express advocates the legislative budget board plan to pool the paper work connected with issuing licenses to 19 professional groups in Texas, saving $1 million a year. ./ The widow of Jesse Jones V presented Gov. Price Daniel a portrait of President Eisenhower. It will hang in the new state library and archives building. v In a story on aviation Nov. 10, Time Magazine noted, “Braniff International Airways is already on a subsidy of $700,000 a year.” Aficionados will recall the allegations and denials on this point during the recent YarboroughBlakley campaign. Texan’s Action Said Progressing NEW YORK A Texan in New York, John Henry Faulk, the CBS performer who has spun many a Texasaccented story for national audiences, is making headway in his lawsuit against “Aware, Inc.,” the self-designated monitor of loyalty among radio and TV entertainers. Faulk led efforts in the New York local of the American Federation of Television and Radio Artists to condemn “Aware, Inc.,” for what he has alleged in court was “racketeering” and “terror” and “the extortion of moneys in consideration for the ‘clearance’ ” on loyalty. After the appearance of an “Aware” Bulletin attacking Faulk, he began to lose sponsors, and CBS told him, he maintains, that the attack was the reason. He sued, alleging Aware had libeled him by accusing him of being a Communist or a pro-communist and a fellow traveler. The courts held the first answer from “Aware” was insufficient and forced the filing of a second answer. Now the New York Supreme Court has ruled that “Aware” must produce all germane correspondence, files, evidence of any kind, and its total membership list, which the organization has resisted doing. The decision, Faulk wrote the Observer, “cuts the ground out from under those who indulge in smearing by innuendo and sly hint and then attempt to wrap themselves in Flag and Motherhood.” The case likely will not be tried for a year. HOUSTON A cross was burned in her yard this week, and a small group of voters have challenged her election on grounds that the voting machines might have been set up incorrectly, but Mrs. Charles White, a Negro housewife, does not expect a serious drive to develop against her taking her seat on the Houston school board. Mrs. White’s name was immediately under the Democratic column on the voting machines, separated by white space. The school board race was not a party contest. In addition to Mrs. White’s election by a margin of about 7,000 votes, voters re-elected Dr. W. W. Kemmerer, a liberal member, and Mrs. H. W. Cullen, a member of the Minute Women and an advocate of segregation. Mrs. White, the wife of an optometrist and mother of five children, drew the bulk of her votes from the precincts in which Negro v o t e r s predominate. Her plurality over Dr. John K. Glen, ultra-conservative, was more than 6,000. But her victory would not have been possible on the basis of these votes alone. She drew the additional support from many precincts in which labor union members are numerous and other votes from some precincts that often are middle-of-the-road or even conservative. The River Oaks and other “silk stocking” areas went solidly for the segregationist slate of Glen, Cullen and Aubrey Calvin, who ran second to Kemmerer. Hart Stilwell, liberal free lance DALLAS The Dallas integration dispute, moving desultorily through the courts amid remarks that “we’re spinning our wheels,” appeared as far from decision as ever following the latest round this week. State court Judge W. L. Thornton dismissed a suit by the Dallas school board seeking clarification of conflicting state and federal laws. Thornton, agreeing with Atty. Gen. Will Wilson’s argument that the state cannot be sued without consent of the legislature, said “I see no escape from the fact this court is without jurisdiction.” School Board President Edwin L. Rippy, who had previously been directed by a federal court to file the case in a state court, said Thornton’s decision “puts us right back where we started.” The Dallas school district, under a federal court order to desegregate, is seeking relief from state writer, lost by about 2,300 votes, running second in the six-man race won by Mrs. Cullen. Kemmerer beat Calvin by 8,000 votes. When the returns came in from the first boxes, Mrs. White ran behind. About 11 p.m. the victory trend set in and continued thereafter to the final count. There was cheering at the office of the Harris County Democrats, where Mrs. White stopped for a brief visit. She then returned to her headquarters to receive a roaring ovation. Mrs. White said on. her election: “I feel this is not a personal victory but a victory for good will. This is a real victory for tolerance and good will. I pray that all of us will be drawn closer together in a concern and love for all of the children of Houston …. “I did not run for this position in order to represent only the Negro children of Houston … Gov. Faubus and Little Rock have shown the people of Houston that violence and strife are not the means of working out this problem. I feel the integration problem is being solved in our courts and hope we in Houston can follow the fine examples of such cities as El Paso, San Antonio, and Corpus Christiwithout evidence of hard feeling.” The Dallas News editorialized: “Mrs. White will give no more than proportionate representation to Houston Negroes on the board. If she carries out her campaign pledges, her service may allay the fears of some whites on the outcome of having Negroes take more part in public life.” A. H. laws calling for loss of accreditation and state school funds and possible fines for school officials of any district integrating without voter approval. In giving notice of appeal from Thornton’s ruling, school attorney Andrew Thuss said “the legislature does not have the right to interfere with the declaration of a federal court. Whether we like it or not, the federal courts have ruled on schemes and devices to avoid integration and the court says the law must be obeyed.” Judge Thornton said the legislature is “apparently the only tribunal that can undo what’s been done. To use some slang, if they messed things up they can unmess it.” THE TEXAS OBSERVER Page 3 Nov. 14, 1958 DALLAS CASE REJECTED