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“BOW” WILLIAMS Automobile and General Insurance Budget Payment Plan Strong Stock Companies GReenwood 2-0545 624 LAMAR, AUSTIN Let’s Abolish the Poll Tax! Over $133 Million 1.1111MODIM In Force J;telfewtee4 INSURANCE COMPANY P. O. Box 8098 Houston, Texas HAROLD E. RILEY’ The-Preeklest and Meek. et Agencies And Then There’s Bowles … AUSTIN The Progressive for May, 1960, comments on lunch counter integration in San Antonio and then on Southern leadership under the title, “The Heart of Texas.” Said the magazine: The city of San Antonio, deep in the heart of Texas, is without question a Southern city, but there are characteristics of this community of a half million people which set it somewhat apart from the “typical” city of the deep South. One important factor is its substantial Mexican-Ameri can population, with its strong Latin cultural influences. Because this group is overwhelmingly Catholic, a religious balance prevails in San Antonio which is rare in the Protestant South. Still another factor is its relatively . small Negro populationonly six per cent, less than in many a large Northern city. Yet until recent years San Antonio was for generations a completely typical Southern city in its segregation patterns. Today, San Antonio is almost completely integrated in its public facilities, schools, parks, buses, swimming pools, golf coursesand now its lunch counters. The achievement of this goal, without strife or bitterness and with little fanfare, highlights another char THE TEXAS OBSERVER Page 8 May 6, 1960 Chester Bowles recession in ten years, we find our public services of all kinds in serious disrepair, while our total national economy since 1953 has been growing at the slowest rate in generations. In civil rights we so far fall short of standards acceptable to the colored races of the world, we yield to Russia by forfeit an important element in competitive prestige. In foreign policy even some Democrats whom Bowles rebukesstill cannot resist McCarthyist thrusts at national leaders who consult with the Russians. With an economics repudiating the “theory of scarcity,” Bowles argues for full employment, huge public works, lower interest rates, Wright Patman’s graduated corporation income tax, anti-trust restraints on land-grabbing farm companies, renewal of housing, transport, and parks in the cities, dramatic expansion of our national parks, and, as one step in the improvement of “the quality of life,” federal support for community cultural facilities”symphonies, operas, libraries, museums, historic buildings, recreation, and sports.” Here is a dedicated believer in government action. “The federal government,” he writes, “is our government. As long as we fulfill our roles as intelligent citizens there is no need to be afraid of it.” acteristic of San Antonioperhaps the most importantwhich, unhappily for the nation, makes it unrepresentative of the South. This vital factor is the quality, the courage, and the foresight of its leadershipreligious, political, business, and civic which has faced, in interracial harmony and cooperation, the great challenge of integration with firm, positive measures, carrying the community along without a single major adverse incident. The latest resolute step forward came when the student sit-downs began in the South. Protestant, Jewish, and Catholic leaders of both races quietly conferred with department and variety store management. Before any demonstration occurred, thirty lunch counters were desegregated. The community accepted still . one more change in its Southern social customs with ease and grace, and, on the whole, with indifference. Negro spokesmen said they expect all restaurants to desegregate WHILE STRENGTHENING our national life at home, Bowles says, we must also seek to advance among nations the respect for the individual which is the essence of .the American idea, seeking a genuine peace, governments which protect the rights of the individual, economic prosperity on a global scale, full use of the ITN, and “the growth of law in the world community.” These points, Bowles says, come close to being “a policy for all humanity.” Bowles believes that because of the basic condition revealed by the “failures of the overwhelming Democratic majority to assure the passage of more liberal legislation” in 1959, the Democratic Party “may lose its integrity as a liberal party.” He believes the Democrats are “wide-open” to attack from a liberal Republican nominee like Rockefeller. Texas conservative Democrats can expect Bowles to adopt a friendly, but not a yielding policy toward Southern Democrats. Rejecting the idea Southerners should be kicked out of the party, he argues that too much liberalism has come from the South historically for contempt toward the region. … John Sparkman and Albert Rains on public housing; Lister Hill on medical care; “Wright Patman of Texas and continue to speak out for an eased credit system as Andrew’ Jackson, the Populists, and William Jennings Bryan did before them.” But Bowles’ record on civil rights is as militant as any. During his term as goVernor of Connecticut in 1949-51, his ‘state became the first to desegregate its National Guard, to authorize a State Commission on Civil Rights, to prevent discrimination in all publicly owned housing, and to give a Fair Employment Practices’ Commission the power to prosecute offenders. BOVVLES is a formidable contender for the Democratic nom ination. He is certainly a wise and informed member of the party’s shortly, aria that hotels and motels would be next to open their doors. San Antonio is on the way to becoming a completely “open city.” \(But see this week’s reSan Antonio’s tradition of solving its racial problems before they explode in violence or hate goes back atPleastto the period before the 1954 school desegregation’ decision. When the Supreme Court handed down its historic opinion, Catholic Archbishop Robert E. Lucey had already desegregated San Antonio’s parochial schools, peacefully and in orderly fashion, in defiance of then-existing law. The success of his example made it easy for the public schools to follow suit. From that time forward, San Antonio’s’ public doors have opened one after another, sometimes before Negroes themselves actually raised a hand to knock. San Antonio, with all its exceptional characteristics, brings into This Bilious Purpose Sir: I am glad we elect our judiciary in Texas. This gives neurotic lawyers a periodic opportunity to display sore heads incurred in litigation’s vicissitudes. Fortunately for the public, only one such lawyer has free space in an otherwise responsible newspaper for this bilious purpose … Francis Harris, 834 E. 37th, Austin. ‘Very Unfair’ Sir: I have read with care Mr. Franklin Jones’s series of articles pertaining to the work and views of Robert W. Calvert as a member of The Supreme Court of Texas. I have neither the ability nor the inclination to attempt to joust with Franklin in turning of neat phrases and picturesque figures of speech, nor the time to delve into ancient cases to support my convictions, but I am firm in my belief that Mr. Jones has very unfairly presented the work of Judge Calvert. Further, I have not had any recent successes in that court so that this letter could be explained on the basis of self interest. However, I worked as a briefing attorney for the Supreme Court during a portion of the time that Judge Calvert has been on the court. From that experience and from a general knowledge of the cases and articles written by him, in. my opinion he is highly qualified for the important position of Chief Justice. liberal intelligensia. Should the candidate for whom he is working, John Kennedy, falter, the Democrats afraid Stevenson would lose might easily turn to Bowles in the belief that he, its proclaimer, can crystallize “the new national concensus.” R.D. sharp relief the tragic lack of leadership in much of the rest of the South. It is this lack of leadership on the part of responsible government officials, more than any other factor, that has placed a back-breaking, heart-breaking burden on the Negro, forcing him to fight a bitter, costly, and sometimes bloody battle for the freedom and equality guaranteed him in the Constitution. But there is hope that San Antonio’s example on the fringe of the South may bear fruit elsewhere. Many religious and civic leaders of Houston and Dallas .. . have been impressed by their neighbor’s success and are striving on an interracial basis to emulate San Antonio’s peaceful efforts. Mr. Jones has condemned Judge Calvert for certain cases in which he wrote the majority opinion. In like spirit it is only fair play to give him credit for the following cases in which he also wrote the majority opinion. In my judgment four of the most important cases of the last decade in the field of personal and property injury are all authored by Judge Calvert. This is a field within my area of interest as a Professor of Law at the University of Texas. Each of these cases expanded the area of jury participation. The cases are: 1.Landers v. East Texas Salt Water Disposal Co., 248 SW2 731 burden of proof of the extent of contribution to plaintiff’s injury on each of the several wrongdoers instead of requiring the plaintiff to prove the contribution by each in order to recover anything; 2.Ford v. Panhandle and Santa an opinion which rescued the discovered peril doctrine from oblivion \(the doctrine being a humanitarian one allowing an injured plaintiff to recover in certain circumstances although he 3.Eaton v. R. B. George Investopinion requiring the landowner to use reasonable care to prevent injury to children trespassing on this property; and 4.Biggers v. Continental Bus opinion holding that it was for the jury to decide whether negligent or unlawful activities on the part of others must be foreseen and guarded against. Each of these cases would be a landmark opinion in the jurisprudence of any state, and for one judge to have authored all four of them in less than a decade is truly remarkable. I could add other cases, but these are enough to demonstrate that Mr. Jones has not presented a fair picture of Calvert, the judge. I again emphasize that each of these opinions expands the area of injury participation, a fact in direct contradiction to the picture painted by Mr. Jones. E. Wayne Thode, Attorney at Law, 5104 Fairview Dr., Austin. THE COMING POLITICAL BREAKTHROUGH, by Chester Bowles, Harper & Brothers, New York, 1959, 209 pp., $3.75, AUSTIN In Chester Bowles the Democrats in Los Angeles will have a platform chairman with a political scholar’s grasp of the truths of the times and an idealist’s thrust to reform ‘in the shapes of a refreshed, fearless, and creative liberalism. Bowles does not have Adlai Stevenson’s eloquence, but he excels Stevenson in sober, exact, and comprehensive formulations of the needs and programs of the nation. On the issues themselves, Bowles and Stevenson are indistinguishable in foreign policy, committed to brotherhood, economic aid, good faith negotiation for disarmament, more and more international economic integration. One wonders, however, if Bowles might not be a more aggressively liberal president in domestic economic matters. \(A Bowles darkhorse movement has been proceeding for months. In January he was endorsed by New Congressman Bowles, formerly Governor of Connecticut and ambassador to India and Nepal, believes that Americans have been quietly arriving at a new national concensus on domestic and foreign policies and that 1960 will be a time either when new national leadership will appear worthy of this concensus, or a ,wrong course of action will be taken which can lead to “a general calamity.” Bowles stresses, as does Stevenson, the disparities in living standards between the United States and the rest of the world, the new presence of nuclear weapons that could destroy most of civilization, and the economic nature of the present U.S.-Soviet competition. Within our own nation, Bowles says, we have not achieved the strength we need to lead the world. 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