ustxtxb_obs_1961_08_05_50_00002-00000_000.pdf

`ILLEGAL’ BABES STAY ON WELFARE EMASCULATED BILL FINALLY MAKES IT AUSTIN A bill aimed originally at punishing Negro mothers of illegitimate children by making it most difficult to get child welfare support passed out of the House Friday, but not before most of the vengeance was taken from the measure by amendments. Rep. Bob Fairchild of Center, author of the measure, had offered it to the House earlier in the week as a substitute to an involved “economy” measure with the cry, “Texans have paid these welfare prostitutes long enough.” The bill was then quickly passed to engrossment, over the heated protests of Rep. Bob Eckhardt of Houston, who called it “the most cruel, inhumane bill I have ever seen introduced before this House.” Overnight other members must have taken a closer look at bill because when it came up again Wednesday they weren’t ready to pass it out, and Eckhardt was still opposing it tooth and tong. The bill would hold up welfare payments until the father was hunted down and then, if he were found, the state would throw the responsibility at his feet and refuse to pay. Men accused of fatherhood would be required to take blood tests, or stand convicted. Some opponents argued that the bill would cut off federal aid to the state welfare program. Eckhardt added: “What about AUSTIN It was cool and quiet in the Senate early Tuesday morning when Wardlow Lane’s state affairs committee reported out its tax bill, but towards the end things got a little hot and noisy. “I’m sure this bill won’t please everybody,” Lane said. “But it’ll raise the money we need. I don’t particularly relish it, but I’ve got a job to do down here.” He then briefly explained each provision. Sen. Jep Fuller of Port Arthur, temporarily presiding, asked for objections and heard none. The $360 million bill was sent to the floor with a favorable recommendation. Rep. Bob Eckhardt of Houston, author of the pipeline tax included in the package, walked up to Lane after adjournment. He carried a copy of the bill with him. Reporters heard this exchange: Eckhardt: “You wrote an unconstitutional amendment onto my tax bill. You’ve made it unconstitutional.” These are the major provisions of the $360 million tax package passed, 20-10, by the Senate this week, and on which conferees from the two houses are negotiating over the weekend: A two percent sales tax on all items except food, medicine, feed, farm machinery, and certain “outer garments” under $10 used as work clothing. Electric, gas, telephone, and telegraph bills will also be taxed at two percent. $309 million. A two-year continuation of the “temporary” increase, voted in 1959, of the one-factor corporate franchise tax. $20.5 million. A dedicated reserves gas tax on pipelines. $18.5 million. An increase in driver license ‘fees. $7.3 million. A “bookkeeping” amendment. $6 million. the case where the father is in Honolulu and won’t support the child? What about the case where the father is in Texas and won’t, just lays up drunk, won’t raise any money, won’t work? What if he is in jail or in the hospital? Must the child then suffer? “If you are from East Texas, you may justify your vote by saying these lazy colored women should be prevented from getting aid for dependent children so they will go on working in the kitchen at 25 cents an hour and maintain the traditions of the old plantation. “If you are from the Bible belt, you can justify your vote by saying you are trying to prevent lechery. This is a most cruel and calloused bill.” Rep. Maco Stewart of Galveston,. who favored the bill, again and again interrupted Eckhardt and protested that his strong language was offensive, which brought the final thrust from Eckhardt: “From the paternal attitude displayed by Mr. Stewart toward this bill, it appears the measure is the product of a misalliance between Mr. Stewart and ‘Mr. Fairchild.” When the bill re-appeared Friday, amendments had seen to it that welfare payments would be paid while the father is sought and if he is found but cannot pay, the welfare payments would be continued. However, the required blood test remains. Lane: “No I didn’t, either. It’s your deal, not mine. I had a tubful of amendments and didn’t use them. I wrote your tax.” Then Lane stormed angrily off the floor. Eckhardt was talking with a reporter ,when Judge E. H. Foster, lobbyist for Phillips, walked past. The two exchanged uncordial words over the Senate version of the pipeline tax. Eckhardt: “You’re just gripin’ because it hits your people, Judge.” Foster: “You’re darn right, Eckhardt. You’re just .gripin’ because it doesn’t hit someone else.” Then Foster walked off the floor. The brief committee session was over. At the foot of Jefferson Davis, on the left side of the rostrum, Lt. Gov. Ramsey, Lane, and other senators conversed with William Abington of Mid-Continent Oil and Gas and B. M. Britain of the Natural Gas Corporation of America. The television cameramen collected their paraphernalia, the crowds dispersed, and the customary hush again fell on the green chamber. In addition, present gross re: ceipt taxes on telephone and telegraph companies are reduced by $4.7 million. Principal differences between the Senate tax package and the House tax package \(the Sandahl House sales tax did not tax items under $5; the Senate sales tax will begin at 25 cents, with a onecent levy on sales between 25 cents and 75 cents, and two percent on sales over 75 cents; the House bill included a revision of the corporate franchise tax aimed at getting more tax revenue from the interstate corporations; the Senate bill continues the present franchise formula; the House dedicated reserves gas tax did not contain a “non-severability clause” version does. AUSTIN Coming from liberal legislator Charles Hughesthe little David who has always indicated his eagerness to fight the Goliath of bankingthe escheat bill that finally won approval in the House was nothing short of fantastic. It specifically exempts banks from confiscation of abandoned property, which is, as one legislator pointed out, something like passing a law against all homicides except first degree ones. The Sherman legislator privately maintains that most of the abandoned property in the state is held, not by the banks, but by insurance and oil and gas companies. Hughes, who has seen other of his escheat bills soundly defeated, said it was a practical compromise with the predominantly pro-bankers legislature. The House showed by its vote that it overwhelmingly agreed. Hughes did get some opposition at the microphones, and unless a spectator knew from their previous performances how these opponents really felt, he would have been hard put to tell that such men as Rep. Ben Jarvis, who is a director of an East Texas bank, possibly meant something else when they said, as he did, “Do you see any reason to exclude the banks? Let’s be impartial. If we’re going to have an escheat bill,’ let’s make it across the board.” Putting the banks back in Hughes’ bill would unquestionably have meant its defeat. Reps. Tom Andrews and Leori Thurman also wanted to put the banks back in the bill and offered complete amendments to do so. Both men have voted pro-banks in the past. Hughes said later, “They were just trying to gut me.” Pressure Reported , But some protested ‘Hughes’ deletion because they wanted to aim the escheat bill at the banks above all. Rep. Joe Cannon of Mexia took the microphone in an angry mood: “Last Saturday morning my wife and I were awakened by a telephone call from a banker in my district. He put it to me this waythough I must say the majority of my banks have been very nicehe put it to me this way, if you will vote against the AUSTIN A popular-front coalition of radicals and reactionaries from West Texas rode the throwing arm of will-of-the-wisp Wade Spilman to a 12-6 victory over East Texas in the Metrecal Bowl this week. The touch football marathon between the all-stars of the Texas House of Representatives drew a crowd of 200mostly secretaries and lobbyiststo the 65,000-capacity Texas Memorial Stadium, and it is reliably reported that the players were keenly disappointed that Homer Leonard, the beer lobbyist who was rumored to be water-boy, didn’t show up at all. Highlight of the evening came in the second half when Byron Tunnell, swivel-hipped defensive halfback from Tyler, fractured his left wrist. Tunnell was back in action next day, however, punching his voting button with he usually uses to vote with anyhis unmaimed other hand, which way. Swivel-hipped Tom Andrews of Aransas Pass quarterbacked the escheat bill, I will support you in your next campaign, but if you don’t I will spend every penny I can to defeat you. “I’ll ask him right here mail now to come out against me. I consider this a very discriminatory part that Charlie has put in. It seems like this is a time when pressure is ruling our actions when statesmanship should prevail.” He got a scattering of applause. Several representatives twitted Hughes about how much money the escheat bill would bring in, especially in light of the comptroller’s recently certified estimate of $2.6 million if the banks were included. “Actually I feel this bill right now would bring in something over 10 million,” Hughes told the Observer. On the floor he had estimated only “several million.” To give weight to his prediction of income, Hughes produced a letter verifying that from one account alone the state might escheat more than $1 million. This account has quite a history. Hughes traced it back to a railroad venture launched just after the Civil War. The venture developed into the Texas and Pacific ‘Land Trust, each of whose stocks is worth $18.75 today, and the TXL Oil Corporation, each of whose stocks is today worth $19.50. From the original one certificate subsequent dividends and stock divisions have brought the abandoned and escheatable account to 10,000 -certificates of Texas Land Trust and 40,000 shares of TXL Oil, all worth the estimated $1 million. The House approved the measure on final passage Friday afternoon, as the Observer goes to press. Unwilling to support an escheat bill, even with the banks re moved were, on the engrossment vote: Adams of Lubbock, Adams of Mt. Pleasant, Allen, Atwell, Banfield, Blaine, Burgess, Cole of ‘Greenville, ‘Connell, Cory, Cot ten, de la Garza, Duff, Ehrle, Fairchild, Fletcher, Floyd,. Glus ing, Harding, Heatly, Jarvis, Johnson of Dallas, Johnson of Temple, Koliba, Lewis, Miller, Nugent, Oliver, Parsons, Pipkin, Preston, Price, Read, Richards, Roberts of Lamesa, Shannon, Slider, Thurman, Thurmond, Tun nell, Walker, Watson, and YeZak. B.S. East Texans, who were suited out, symbolically, in pure-white jerseys. His main targets were Joe Cannon of Mexia and Neil Caldwell of Alvin, who made most of their catches in the left flat. Bill Jones of Dallas, a real troublemaker in the East Texas backfield, set up the only East Texas score on a scintillating pass interception. But Spilman, the old master, was in superb form, and his principal receivers, swivel-hipped Don Kennard of Fort Worth, swivelhipped Malcolm McGregor of El Paso, swivel-hipped H. G. Wells of Tulia, along with David Read of Big Spring and Wesley Roberts of Lamesa, were not to be denied. The winners are expected to take on the Pipeline Lobby AllStars, led by speed-demons E. H. “Twinkletoes” Foster and B. M. “Butch” Britain, next week. As usual, the pipelines are favored by a point spread that lies somewhere between 14.28 points and the difference between the gas production tax based on seven percent of value and 1,000 cu. ft. From Quiet to Nois * The Senate Tax. Plan even The Metrecal Bowl Historic Conflict On Gas Taxation Breaks Out Anew \(Continued from Page be changed in the Senate. If not, it is high time for the people of Texas to know that for the third time a secret powera kind of anti-attorney general forcehas written unconstitutionality into a gas bill. “There is a secret force in this state,” Eckhardt charged, “more devious and powerful even than the lobby we know here. This force, with the finest lawyers in the state at its disposal, devotes its talents to writing unconstitutional gas bills.” A clause was added in the 1951 gas-gathering tax after it had passed the House, he said, which made that measure unconstitutional. “In 1959, the severance beneficiary tax sponsored by Rep. Hinson contained language deemed constitutional by the attorney general, but the Senate added a non-severability clause then. In addition, a definition of severance beneficiaries was added to that tax that made it unconstitutional. “Precisely the same thing has been done this time,” he said. “In the name of protecting the casing-head plants, the Gibbens amendment was added to this bill on the floor of the House. That amendment as drawn provides for a discrimination with respect to a certain class of gas plant operators. If that amendment remains, it will tax at a higher level those plants selling gas cheaper than those selling gas higher. The result is discrimination internally, inside’ the bill. “This clause would have dropped out of the entire bill as unconstitutional in itself in the courts without damaging the rest of the bill,” he said. Eckhardt said he and John Davenport, counsel for TIPRO, told the Senate state affairs committee the questionable clause could be rewritten along constitutional lines. “I wrote that section over and gave it to Lane later,” he said. \(This was offered as an amendment during the Senate floor debate Wednesday by Sen. Charles Herring of “Instead of accepting this change which was generally conceded to do the job,” Eckhardt said, “the Senate subcommittee left the Gibbens amendment in as it was and added a non-severability clause, as in 1959. The result is that the whole bill is now unconstitutional. “I think you are entitled to know this, that the Senate committee has deliberately inserted an unconstitutional clause as in 1959 and 1951. If this is permitted