Rio Grande Herald (Rio Grande City, Tex.), Vol. 20, No. 4, Ed. 1 Thursday, January 27, 1972 Page: 6 of 16
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THURSDAY, JANUARY 27, 1972 THE
FEES from page 1
salary, brought the suit in fed-
eral court. He claimed his con-
stitutional rights were violated
b such a provision. Two vot-
ers from Tarrant County —
Reuben Jenkins and Theodore
H. Wischkaemper - also inter-
vened as plaintiffs.
Earl Luna, Dallas County
Democratic chairman, argued ""
in favor of the filing fees.
TTie judges on the panel - U.
S. Circuit Court Judge Homer
"ITiornberry of Austin, and U.S.
District Court Judges Sarah T.
Hughes and William M. Taylor
Jr. -- were the same trio who
turned down an earlier f il i n g
fee law because the fees were
assessed mainly to raise funds
for paying for primaries.
This time they took only 32
minutes to teach their decision.
Judge Thornberry, reading
the ruling which will be follow-
ed by a formal judgement, said:
"House Bill No. 5, providing
for filing fees for candidates
for public office, and in the al-
ternative for pauper's affidavits
accompanied by the petition of
a certain number of qualified
voters, is declared invalid and
void. Those officers charged
with enforcement of House Bill
No. 5 are enjoined from further
implementation."
The judge directed state and
county committees of the poli-
tical parties to meet and make
new rules for carrying out the
court's decision.
However, within an hour of
the court ruling, Secretary of
State Bob Bullock said in Aus-
tin that he would ask Atty. Gen.
Crawford Martin to request a
stay of execution of the order
until after this year's primar-
ies, to be held in May and June.
"A failure of the court to
grant a limited stay of their
order may force the complete
reorganization of our primary
election system," he said. "I
cannot see how we can make
such a major change prior to
the May 6 primaries."
The court ruling was hailed
as "a victory for the people of
Texas" by Johnston.
"I think, in this year of re-
form in Texas, it will have
significant influence on the pri-
mary and general elections,"
he said.
Luna said he had no imme-
diate intention of calling his
committee together.
"The judges have told us what
we can't do. Now, hopefully, in
their final judgment they will
tell us what we can do," he
said.
In Arlington, where he was
when told of the court's deci-
sion, Governor Preston Smith
said the order might cause a
complete reorganization of the
primary election system.
He added he hoped the court
would stay its order until the
U.S. Supreme Court issues a
ruling on the matter.
The elimination of the filing
fees creates the problem of how
to finance the elections.
In Dallas, State Sen. Mike
McKool said that a special ses-
sion of the legislation was
needed to get a new constitution-
al filing law. Bug Gov. Smith
reportedly would rather not
have a special session since it
would have to be presided by Lt.
GABERT from page 1
run if Mr. Pope decides to run
because I feel he has done a good
job," Gabert said.
Pope, in an interview with the
Herald stated that he would not
seek the county attorneys of-
fice again.
DDD from page 2
the Rio Grande City exchange.
A central office equipment pro-
ject is now in progress to pro-
vide 200 additional lines and 300
additional numbers to provide
for the steady growth of the
city.
There were 2,173 telephones
in the Rio Grande City exchange
at the end of 1971, compared to
927 telephones at the end of
1960.
RIO GRANDE HERALD PAGE 6
Gov. Ben Barnes who is running
against Smith.
McKool said that he and the
secretary of state warned the
state Senate for three months
that the now invalidated law
was unconstitutional.
"But the Senate was deter-
mined to pass the measure,"
McKool said. "And now those
who supported this unconstitu-
tional measure, which contained
fees eight to ten times more
than other states, have no one
to blame but themselves."
McKool noted that the secre-
tary of state prepared a con-
stitutional filing fee bill which
he sponsored in the last ses-
sion.
AIDING THE ELDERLY
WASHINGTON - The
Department of Housing and Ur-
ban Development has issued a
new publication on housing for
the elderly and the handi-
capped
The 46-page bibliography, en
titled The Built Environment
lor the Elderlv and the Hand!
capped," contains background
information on the housing situ-
ation for the elderly both here
and abroad, on architecture and
space use. fire prevention, se-
nior centers, residential com-
munities. nursing homes and
the problems of relocation
A section is devoted to the
design of public and private
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Trejo, Raul. Rio Grande Herald (Rio Grande City, Tex.), Vol. 20, No. 4, Ed. 1 Thursday, January 27, 1972, newspaper, January 27, 1972; (https://texashistory.unt.edu/ark:/67531/metapth194340/m1/6/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Rio Grande City Public Library.