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PvOSGClltlOYl pay... Raises urged for district court officials
AUSTIN (AP)—State budget
writers indicated concern Monday,
for the quality of justice in small
when it recommended pay
towns
The Legislative Budget Board
obviously was aware of a financial
surplus that is expected to reach as
high as $1.5 billion by next spring
when the legislature is in session.
The 10-member board that in
cludes Lt. Gov. Bill Hobby and
Speaker Price Daniel Jr. recom
mended raising the salaries of dis
trict attorneys and criminal district
attorneys from $16,000 to $23,300
for the fiscal year starting next Sept.
1 and to $24,800 the following year.
Rural and middle Texas is suffer
ing from a lack of prosecution, and
we’re not going to get it until we pay
for it,” said Sen. Tom Creighton,
D-Mineral Wells.
The board recommended raising
district judges’ salaries from
$25,000 to $31,000 in fiscal 1976 and
$33,000 the following year.
Under the board’s proposal, as
sociate justices of the Texas Sup
reme Court and the Court of Crimi
nal Appeals would get $5,000
raises—to $45,000—with the chief
justice and presiding judge pulling
in an extra $500.
On a motion by Rep. Terry
Cbe Battalion
Vol. 68 No. 29
College Station, Texas
Tuesday, October 22, 1974
Doyle, D-Port Arthur, the board
recommended raising the salary of
the state’s attorney from $26,000 to
$33,100 to make the job—in Doyle’s
words—a “much sought-after posi
tion.”
The state attorney represents the
state before the Court of Criminal
Appeals in cases appealed from
lower courts, and Doyle said often
he is all smaller counties can rely on.
Doyle noted in stressing the im
portance of the job that the state
attorney is preparing “to argue the
constitutionality of the death pen
alty in Texas.”
The board also rejected a two-
year $7,412,021 proposed budget
for the East Texas Chest Hospital at
Tyler in favor of a $15,650,011
budget that includes additional re
sponsibilities.
The staff also was told to study the
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Briscoe campaigning
shows poor example,
charges Cranberry
(AP)—The Texas governor’s race
went into its final two weeks Mon
day with Republican Jim Cranberry
daiming Democrat Gov. Dolph
Briscoe has set a “poor example” of
campaign ethics.
Briscoe canceled all scheduled
campaign appearances this week
because of the critical illness of his
mother, Mrs. Dolph Briscoe Sr.,
86, in a Uvalde hospital.
Cranberry told a Big Spring news
conference that “Briscoe has bought
previous elections and he is trying
to buy this one. Briscoe also has
used the state’s chief elections of
ficer, Secretary of State Mark
White, on two recent occasions to
make campaign speeches for him. If
I were governor I would never in
volve a state elections officer in par
tisan politics. ”
Cranberry repeated his claim
that Briscoe has poured more than
SI million of his personal wealth
into his campaigns of 1968, 1972 and
1974, including more than $350,000
this year.
In Austin, Texas AFL-CIO Harry
Hubbard answered Cranberry’s
challenge Saturday to say if Hub
bard still supported Briscoe after
the governor said he would oppose
any effort to alter the present law
that keeps employes from being re
quired to join a union.
“I think that Texas’ Committee on
Political Education (COPE), the
political arm of the AFL-CIO is in
support of the Democratic
nominees from top to bottom,”
Hubbard said. “The only thing that
will bring us out of the chaos we are
in is the Democrats . . .
"We will be supporting an agency
shop bill in the next session of the
legislature,” Hubbard said. “If we
have the votes to pass the agency
shop bill which would require non
union employes to pay union dues
we ll have enough votes to override
the veto, whether it’s Briscoe’s or
Cranberry’s.”
On other political fronts. Bob
Bullock, Democratic candidate for
comptroller, said in a speech pre
pared for El Paso that the
comptroller’s office should hold tax
case hearings in its regional head
quarters instead of requiring all tax
contests to come to Austin.
Bullock said “taking the
comptroller’s office to the taxpayers
would probably result in more hear
ings on smaller dollar volume
contests—proving that the present
system is based on economics in
stead of justice. ”
NEW PIPE provides an unexpected place to catch some sleep for one student. The pipe is being laid
near the drill field and the nearby day-student parking lot. (Photo by Chris Svatek)
H
Prospective jurors warned
Kent State judge fears prejudice
Today
.v.v
Today in the Bait
Judicial Board . . .p. 3
MSC Directorate p. 5
Basketball p. 8
Weather
Partly cloudy and mild
Tuesday and Wednes
day. 20% chance of
rain tomorrow. High
today 79°; low tonite
57°; high Wednesday
82°.
CLEVELAND (AP) — Prospec
tive jurors were warned Monday
against being influenced by pre
judice, publicity or sympathy as
trial began for eight former Ohio
National Guardsmen indicted in the
1970 Kent State University shoot
ings.
Chief U.S. District Court Judge
Frank J. Battisti told prospective
jurors that “because of the publicity
this case has received, some of you
probably have read, heard or seen
something” about it.
But that alone wouldn’t warrant
dismissal from the jury, he said, ad
ding that they would be disqualified
if they felt the publicity left them
unable to render a fair and impartial
verdict.
Battisti said he expected the trial
to last about six weeks but that
jurors would not be sequestered.
He said court would be in session
four days a week.
The eight ex-Cuardsmen are
charged with willfully assaulting
and intimidating four persons killed
and another nine who were
wounded during the May 4, 1970,
confrontation between Guardsmen
and students protesting U.S. milit
ary involvement in Cambodia.
The defendants also were
charged with depriving the victims
of their constitutional rights by fir
ing at or near them and the crowd of
demonstrators.
Three of the first dozen prospec
tive jurors were excused as Battisti
asked them and each of the others if
they would be willing to present the
case to a like minded jury as either
the prosecution or a defendant in
the case.
A defense attorney said it was un
likely the jury would be empaneled
before the end of the week. The
government has six preemptory
challenges, under which it can re
fuse a juror without giving a reason,
and the defense has 10.
Named in the indictment are
Lawrence A. Shafer, 28, and James
D. McGee, 27, both of Ravenna;
William E. Perkins, 28, Canton;
James E. Pierce, 29, Amelia Island,
Fla.; Ralph W. Zoller, 27, Mantua;
Barry W. Morris, 29, Kent; Mathew
J. McManus, 28, West Salem, and
Leon H. Smith, 27, Peach City.
Conviction could bring penalties
ranging from a year’s imprisonment
and a $1,000 fine to life in prison on
those instances in which death re
sults.
The trial was the first criminal ac
tion in the 4 1 /2-year-old incident. A
federal grand jury called late in 1973
returned the three-count indict
ment. It was empaneled after
then-Atty. Gen. Elliott Richardson
reversed a decision by former Atty.
Gen. John N. Mitchell against a
federal probe.
The shootings capped a series of
demonstrations that began May 1
following announcement that
American planes had bombed in
Cambodia. The Guard was ordered
to the campus by then-Gov. James
A. Rhodes after the Army Reserve
Officers Training Corps building on
the campus was burned by demon
strators May 2, a Saturday.
Shafer, McGee, Perkins, Pierce
and Zoller were charged with aiding
and abetting each other in firing
.30-caliber Ml rifles at or near the
victims, including the four who
were killed. Morris was charged
with firing a .45-caliber pistol at or
near demonstrators, and McManus
and Smith with firing 12-gauge
shotguns.
hospital’s requestfor a new $17 mill
ion facility.
“Whatever it takes to continue
the fine work at the hospital I’m
for,” said Rep. W.S. Heatly,
D-Paducah.
The new responsibilities would
include study and treatment of
heart and cancer and other disease
related to such chronic respiratory
problems as emphysema.
Creighton said he was upset by
persons telling him “they couldn’t
breathe” and yet couldn’t get in the
hospital because it was full.
Tbe additional money would
allow the hospital to take care of an
additional 125 patients over a two-
year period—if there was space.
The staff is to present some alterna
tives, including contracting for beds
at other facilities, at the December
board meeting.
P&Z denies
appointment
request
By GERALD OLIVIER
Staff Writer
The College Station Planning and
Zoning Commission “respectfully
declined” to appoint members to a
committee created by the City
Council to study possible revisions
of the zoning ordinance.
The committee, set up at last
month’s council meeting on a mo
tion by Councilman Jim Gardner,
will be made up of members from
the City Council, the Zoning Board
of Adjustments and other commit
tees in the city.
Commissioner George Boyett
said the council should take the re-
sponsibility to investigate the ordi-
See advance on College Station
City Council meeting, page 4.
nance. “I thought the City Council
was the governing body of the city,
not committees,” Boyett said.
“We need to discuss this in open
session with the council before mak
ing any decision,” he said.
Commissioner Tom Chainey said
the council should activate current
committees rather than creating
new ones.
The commission voted unanim
ously not to make the appoint
ments.
In other business, the commis
sion accepted the final plat for
Brentwood subdivision, a Richard
Smith development east of Texas
Avenue and south of Highway 30.
Concern over drainage prompted
the approval of three alternatives for
Smith. The installation of a 30-inch
concrete pipe across the width of
the property is the alternative pre
ferred by the city.
If an open drainage ditch must be
used, it will have a gradual slope
with an easement sufficient for city
maintenance or a steep sided one
maintained the owner.
The commission set a precedent
for the city by requiring the notation
of minimum height for foundations
on the plat. This is to avoid possible
flooding of structures built on the
site.
TAMU comments
HEW guidelines criticized
fi y JUDY BAGGETT
A&M criticized the guidelines set
JP by The Department of Health,
Education and Welfare (HEW) on
A* C 1972 Education
Amendment because it offers entr-
a nce into areas previously excluded.
HEW solicited comments on
‘be IX until Oct. 15.
Title IX deals with sex discrimina-
i°n. The guidelines take the
amendments further and apply
em to specific areas, said Ed
T A a Mu affirmatiVe act3 ° n °fficer for
i .. p re * s no basis in statutory
aw or regulation in the areas co-
veredby the amendment.
Afcu the cornme nts sent to HEW,
st ated the extension of the sex
See other reacHons to HEW
s ® IX guidelines from the
Atudent Senate and the A&M
consolidated School District,
Page 3.
hcrimi” 3 ^ 00 prohibition in all
°i education was radical,
tai t 6 e d er pointed out that cer-
r eriT1S suc h as education prog-
. , 0r activity were not defined
nr ui SUC ^ arn biguity could lead to
Problems later.
Areas commented on by A&M
a a e . missions, housing, health
anrl f Insuran ce benefits, athletics
an d frmge benefits.
nnrt e .Adelines suggest equal op-
anity for both sexes in sports.
with teams competing together.
If revenue producing sports such
as football are not excluded, the
university may not be able to sup
port other sports, Davis said.
A&M said that equality could not
be given in medical care because it
may be beyond the capacity of the
health center to treat pregnancy or
perform vasectomies.
The portion of the regulation
which stops institutions from offer
ing a fringe benefit plan that does
provide equally for both male and
female was approved by the univer
sity.
The guidelines tend to stop the
use of tests in admissions. A&M’s
letter suggested that tests given on a
national basis such as the Scholastic
Aptitude Test be validated on a na
tional basis. In this way, there
would be no discrimination. An exp
lanation of the section was asked for.
Few action groups created
in answer to Ford request
(AP) — Few states and local
communities have followed up on
President Ford’s request that they
set up citizen action committees to
fight inflation, as Associated Press
survey shows.
Most state and local officials sur
veyed say they are studying Ford s
citizen group idea. A few states and
cities already had groups that fit
roughly into Ford’s proposal. Many
governors and mayors said they may
set up groups soon, but a majority
said no such groups had been
created yet.
Ford mentioned the community
action groups in his recent speech to
Congress on the economy and reit
erated it a week ago in telegrams to
all governors and 150 mayors and
county executives. The telegrams
also urged better speed violation en
forcement and called for the elimi
nation of outmoded state and local
laws whiqh increase the cost of
goods and services.
Most state officials said they were
already doing as much as they could
to cut down on speeding and most
said their states did not have the
kind of inflationary' laws Ford refer
red to, the survey also showed.
Gov. Francis W. Sargent of Mas
sachusetts said he was passing
Ford’s citizen’s group idea to his
“Office of Citizen Participation” and
asked his aides to decide whether
the proposal is worth investigating
further.
Gov. Mike O’Callaghan of
Nevada said he was sending some of
Ford’s anti-inflationary suggestions
to all state agencies, but said that
any volunteer citizen’s groups
“should come from the grass roots,
local government level.”
Gov. Philip W. Neel of Rhode
Island said he asked his staff to come
up with names for a citizen’s action
group which would make recom
mendations for anti-inflationary
legislation.
Alabama Gov. George C. Wallace
created a Governor’s Committee to
Fight Inflation just before getting
Ford’s telegram. When it’s ap
pointed, the committee will re
commend ways for the state and
private sector to fight inflation.
HARD ROCK selections were presented by the British group Trapeze at the Town Hall concert
Friday night. Also on the program was the Hues Corporation. (Photo by Chris Svatek)