Cherokeean/Herald (Rusk, Tex.), Vol. 141, No. 21, Ed. 1 Thursday, June 29, 1989 Page: 1 of 22
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S'JITE 300
ARLINGTON, TX 76006
BEST AVAILABLE COPY
Texas State Railroad
Clf er o kc e aif IH cr al d
Established Feb. 27, 1850 as the Cherokee Sentinel ~ Texas' Oldest, Continuously Published Weekly Newspaper
Historical Caddoan
Indian Mounds
Vol. 141, No. 21 - 14 Pages
Thursday, June 29, 1989
Rusk, Texas 75785 25cents
I
IT MAY NOT look like a jail, but it is the most up to date in jail design. The new $2.7 million facility complies with all federal
regulations for housing county prisoners. Creative Environmental Concepts, jail planners, designed and oversaw the construc-
tion. All construction bids were awarded by the commissioners court. staff photo
Cong. Chapman to dedicate jail
The results of more than two
years of work will be realized
Friday and Saturday at dedications
ceremonies for a new $2.75 million
Cherokee County Jail. All festivities
begin at 3 p.m. Friday with
Congressman Jim Chapman as
speaker. Chapman will at that time
present a new U.S. Flag to fly over
the new building. The flag had
previously flown over the national
capitol in Washington. A state flag
had earlier been presented to the
county for use at the jail by State
Sen. Bill Haley.
The jail will be open four tours by
the public from 3 to 6 p.m. Friday
and from 10 a.m. to 4 p.m. Satur-
day.
The construction of a new jail had
been discussed by members of the
Cherokee County Commissioners
Court in the past. However, work on
beginning construction of the
facility actually began soon after
County Judge Emmett Whitehead
took office, Jan. 1,1987.
Commissioners were told Jan. 12,
1967 that the county had been given
35 days to show they are moving to
get the jail back on certification.
The current county jail was denied
certification on Dec. 18, 1986.
Waivers have been offered since
that time to allow for the new jail to
be constructed.
Creative Environmental Concep-
ts of Lufkin were employed as jail
planners and Bob Day of Tyler was
employed as the county's bond con-
sultant.
The $2.75 million in jail bonds sold
at 6.512 percent payback for a 15.5
year period. Dean Witter Reynolds
was low bidder for the bond pur-
chase. Dean Witter Reynolds pur-
chased its insurance on the cer-
tificates from Fidelity Guaranty
Inc. (FGI). Ten acres were pur-
chased across from Rusk State
Hospital for construction of the new
111 capacity facility. Cost of the
land purchase from the state was
$15,000. Gary Adams of Creative
Environmental Concepts said that
property to construct sóme jails
have cost as much as $160,000.
Adams told members of the com-
missioners court in January of 1987
that the jail should be completed
and ready for occupancy in some 14
months.
Dirt work began before the actual
sale date of Aug. 31, but concrete
and brick work were delayed until
after the property was purchased.
Ground breaking festivities were
held Oct. 18 with County Judge
Whitehead, Commissioners Robert
Underwood, Alton Hicks, Joe Hen-
derson and Billy McCutcheon and
Sheriff Joe French participating in
the event. The invocation was of-
fered by the Rev. Jim Goforth,
pastor of the Rusk First Baptist
Church.
The new jail will house both
maximum and minimum security
inmates, as well as work release
inmates. Complete in house ser-
vices include kitchen, laundry and a
covered exercise yard are included.
The jail is so designed that it can be
expanded without halting jail
operations.
First bid for the jail construction
was awarded prior to the groun-
dbreaking to Simon Traylor and
Son of Jacksonville for dirt work.
Traylor's bid was for $23,837.60 and
called for 30 working days.
Among contractors for the
Chief Justice Summers to retire July 7
Judge J.W. Summers has an-
nounced that July 7 will be his last
day to serve as Chief Justice of the
12th Court of Appeals based in
Tyler. In making this announ-
cement, Judge Summers stated: "I
want to express my deep ap-
preciation to the people in the
court's 18 county district for giving
me the privilege to serve as your
Chief Justice. I am grateful for the
opportunity you have given me to
make a further contribution to the
fair and impartial administration of
justice in Texas."
When his retirement becomes Af-
fective, he will have completad
more than 40 years of continoue
service as an elected judge. Judfe
Summers served eight years as
County Judge of Cherokee County,
22 years as District Judge of the
Second Judicial District of Texas
(originally composed of Angelina,
Cherokee and Nacogdoches Coun-
ties) and lOVi years as Chief Justice
of the Court of Appeals (orginally
Court of Civic Appeals). He suc-
ceeded the late Judge Otis T.
Dunagan as Chief Justice upon his
retirement October 31,1978.
Prior to Judge Summers' judicial
service, he practiced law in Rusk,
Cherokee County, and was elected
County Attorney. He served ap-
proximately lVfe years in that
position before resigning to volun-
teer for the U.S. Navy during World
War II. After more than four years
of naval service, he was re-elected
County Attorney of Cherokee Coun-
ty for a two-year term before
becoming County Judge. Although
he has had five politics] races with
opponents, he has never had op-
position in a re-election bid and has
never been defeated for public of-
fice. Even though his present term
of office will not expire until Dec.
31, 1990, his is retiring in order to
comply with Article V, Section l-a
of the Texas Constitution which
provides a mandatory retirement
age for justices of the Court of Ap-
peals.
The 12th Court of Appeals has ap-
pellate jurisdiction in all civil and
criminal cases (except death
penalty cases) decided in the
district and county courts of
eighteen East Texas counties. These
counties are Anderson, Cherokee,
Gregg, Henderson, Hopkins,
Houston, Kaufman, Nacogdoches,
Panola, Rains, Rusk, Sabine,
Smith, San Augustine, Shelby, Up-
shur, Van Zandt and Wood.
Judge J.W. Summers
Some, not all, plan
to take July 4 as
scheduled holiday
Area county, financial in-
stitutions, post offices, and federal,
state, county and city governmen-
tal offices will be closed Tuesday in
observance of Independence Day.
However, a number of business
including Brookshires, Ocker's and
Baskin's, as well as other food
stores, restaurants, service stations
and local businesses have indicated
they will be open to serve the
public. This publication expects to
keep its regular publication date.
During Judge Summers' tenure
in 1981 the Court of Appeals were
given criminal jurisdiction.
Although the addition of criminal
cases had greatly increased its case
load, the Tyler court has kept its
docket current and has consistently
ranked as one of the most produc-
tive Courts of Appeals in the state.
Judge Summers was valedic-
torian of his Rusk High School
graduating class and an Eagle
Scout. He received his Bachelor of
Business Administration and Doc-
tor of Jurisprudence degrees with
honors from the University of
Texas at Austin, where he served as
a student editor of the Texas Law
Review. He is a graduate of the
National Judicial College at the
University of Nevada in Reno. In
1M6, while serving in the office of
the Chief of Naval Intelligence in
Washington, D.C., he was admitted
to practice law before the Supreme
Court of the United States. He is a
member of the American, Texas,
Smith and Cherokee County Bar
Associations. He is a member of the
American Judicature Society and a
Life Fellow of the Texas Bas Foun-
dation.
He has served as Chairman of the
Council of Justices of the Texas
Courts of Appeals, a member of the
Executive and Nominating Com-
mittees of the State Bar's Judicial
Section, and a member of the
Committee on Judicial Funding ap-
pointed by the Supreme Court of
Texas. He has also served as a
faculty member of the Texas
College of the Judiciary and has
been active in the National
Association of Chief Judges of
Courts of Appeals.
Judge Summers has served his
community in many civic
organizations. He is a founding
board member, and immediate
past chairman, of the Board of
Directors for the East Texas
Regional Cancer Center in Tyler.
See * JUDGE 8UMMRR8. Pg. 2
project were W.E. Sword Co., Berry
and Clay Corporation, Triangle
Plumbing Contractors, Mosby
Mechanical Co., Gate Concrete
Products, Quality Roofing Co., A&S
Electric Inc., Angelina Steel Inc.,
Southern Structures Inc., Boyer
Glass and Mirror, Overhead Door
Co., American Detention Services,
Jim Wells Painting, Slaughter-Waak
Interiors, Universal Time Equip-
ment, East Texas Accostical Co.
Inc., Phil Black for tile work, Acme
Brick Co. and Tyler Restaurant
Supply Co.
Neil Simon
production
is slated
"The Star Spangled Girl," a Neil
Simon production will be presented
this weekend at the Cherokee
Theatre by the Stephen F. Austin
Repertory Theatre.
Admission is $5 for adults and $3
for students and senior citizens.
However, coupons are available at
local businesses that will allow for a
free ticket with the purchase of
another.
Curtain time is 8 p.m. with the
box office opening at 7 p.m. on the
three nights of June 29 and 30 and
July 1.
There will be no reserved seating.
City of Alto
gets proposed
water costs
Alto City Council was presented
with a revised version (A-3B 89 ver-
sion) of the water rate usage
proposal at a Special Session of the
Alto Council held at 5 p.m.,
Tuesday, June 20 in the City Office.
The proposal submitted by City
Financial Advisor, Robert G. Day
of Rauscher, Pierce, Refsner, Inc.,
Tyler, gave a proposed rate of $5
minimum for first 2,000 gallons for
in-city users with 30 cents for the
next 48,000 gallons and 35 cents for
over 50,000 gallons of usage. A
proposed rate of $10 minimum for
the first 2,000 gallons of water for
out-of-city users was set with an
additional 45 cents for the next
48,000 gallons and .5250 for over
50,000 gallons of usage.
An example of amounts charged
are as follows: in-city customers
using 4,000 gallons, the cost will be
$11 with a cost for out-of-city users,
for the same amount of usage, $19.
This rate change was approved by
the Council and will be in affect on
the August billng.
The Council received one bid for
the old International Harvester
Backhoe No. 3120 and this bid was
from Oliver Griffith. Griffith's bid
of $467.76 was accepted by the
Council unanimously.
Letter asks county
'not be included'
A letter has been signed by mem-
bers of the Cherokee County Com-
missioners Court and faxed to
Austin asking that the county not be
included in a new district court.
State Sen. Bill Haley of Center
has filed Senate Bill 44 asking that
Cherokee County be removed from
Senate Bill 1379, passed last session
creating the 369th district court for
Cherokee and Anderson County.
Members of the commissioners
court signed their letter Monday. It
was faxed Monday afternoon to
Haley. The bill will be added to the
Special Session call.
County Judge Emmett Whitehead
said members of the Cherokee
Commissioners Court were not
trying to eliminate the court for
Anderson County. It was that
Cherokee County didn't need it.
The new court that is to be
created Sept. 1 will cost Cherokee
County in the neighborhood of
$65,000. The court had not been
requested by Cherokee County.
Cherokee County is opening its
new $2.750 million county jail. In ad-
dition to paying for the new struc-
ture, County Judge Whitehead told
visitors at the commissioners court
that 11 additional employees have
been mandated for the jail. That
will cost around $171,600 in ad-
ditional payroll. The county is also
being mandated to provide solid
waste disposal for county residents
by Jan. 1, 1990. The county has
already taken on indigent health
care, which will increase with the
additional budget costs.
County commissioners have been
critical of the state government for
mandating services to be funded
with county tax money. In addition
to the jail, solid waste, indigent
health care, the county was man-
dated two years ago to provide the
county court at law. In the next
year's operation the county will be
required to provide licensing of sep-
tic tanks for the rural county
residents.
After learning Cherokee County
did not want the new court, Sen.
Haley talked with Gov. Bill Clemen-
ts. Haley said the Governor said
that "if Cherokee County didn't
want the court, let's get them out of
it."
State Rep. Dick Swift says he will
work to carry the bill through the
House.
County approves R1SD
annexation of Maydelle
New boundary lines for the Rusk
Independent School District were
officially drawn at the Monday
morning meeting of the Cherokee
County Commissioners Court.
County Judge Emmett Whitehead
and all four commissioners voted to
approve the annexation of the
Cherokee County portion of the
Maydelle Independent school
district to the Rusk school district.
Request for approval of the an-
nexation had been made by both the
Rusk ISD board and the Maydelle
School board.
Tony Murray, superintendent of
the Rusk schools, appeared before
the commissioners court asking for
the action.
With the commissioners' ap-
proval Monday, the Maydelle an-
nexation with the Rusk School
District is complete. Distribution of
the Maydelle school debt will be of-
ficially divided between the Rusk
and Slocum districts at a later time.
The annexation of the Anderson
County portion of the Maydelle
district was annexed recently to the
Slocum district.
If the Texas Education Agency
awards incentive aid the Rusk
district will receive all of that aid
and will assume all the Maydelle
debt. The incentive aid is expected
to be some $200,000 annually for 10
years. This aid is to be used to pay
off bond indebtedness of the distric-
ts and to construct new building and
renovation of older facilities for
education of the students of the new
district.
A representative of Hartgraphic
and America Information System
demonstrated optical scanner
equipment, used for counting paper
ballots. The equipment was created
to score SACT tests. The procedure
will not change the paper ballots.
Election selections are marked
with a soft lead pencil. The machine
is simple to operate and all ballots
in a county election can be counted
in about 3>£ hours. Some 6,000
ballots can be processed in an hour.
The machinery is said to be some
99.7 percent accurate.
The county should be able to save
some $5,500 per general election,
See 'COUNTY, Pg. 2
Wells plans
for July 4th
Horace McQueen will kick-off the
Wells Fourth of July celebration
Tuesday at 10:30 a.m. Location of
the event is Highway 69 in the lot
next to Boles Food Market.
McQueen will introduce enter-
tainers Shirley, Melba and Earl
Grubbs. The Grubbs are from Wells
and they will sing gospel and country
selections. Also on that opening
program are J.B. Presnell and
Susan Burke.
The doggers from Lufkin will
perform several times during the
day as will Mr. Arnie and Friends
who are fiddlers. From 4:30 to 8:30
p.m. the Music Revue from
Lufkin/Diboll/Vidor, will entertain
with band music.
There will be food consessions;
barbeque, hamburges and corny
dogs, or people may bring a picnic
lunch.
Sec *WELL8, Pg. 2
MONA AND GENA CALHOUN look over a 10-speed bicycle
which is one of the prizes for events at Wells Fourth of July
celebration. Games, music, food and fun are planned for the
day at the lot next to Boles Food Market. Wells residí , as
well as people from the surrounding area and towns are vitéd
to the community affair ^ '
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Cherokeean/Herald (Rusk, Tex.), Vol. 141, No. 21, Ed. 1 Thursday, June 29, 1989, newspaper, June 29, 1989; Rusk, Texas. (https://texashistory.unt.edu/ark:/67531/metapth151910/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Singletary Memorial Library.