The Cherokeean. (Rusk, Tex.), Vol. 112, No. 8, Ed. 1 Thursday, August 13, 1959 Page: 2 of 16
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THE
PAGE 2
CHEROKEEAN
AUGUST 13, 1 S*
Cherokeean
HOUI BOUT THAT
By RALPH TEE
IT'S THE LAW
■ PR E SS *1 «SSDCIATU
1959
6ST.\8i.. .-<fO iuLi >. 144/ AS TM6 PIONEEk
Entered 11 ^rond Oitiic; i tia«-
Art of Marth 3 lffi#
pout of fie* at Hu¿*. Tesa*
E. H WTUTKHKAU
MRS E. H WHITKHK
GLENN BROWN
Editor and Publisher
Office and Busir.fM Manager
News Editor
Any {rrooeoui rtffl'cUW up*>t< the c8>w cter. siao'iiog, or repu-
tation o/ as y p*r~>n. firm. ->r curpor ition woJcb may appear r. th«
columns of thu newspaper will tx- gla'ily corrected upon being brtmglM
to 'h<- aifrntk>n oí ibi- publisher
Sue Months in C«
One Year in Cov
Six Months Out c
One Year Out of
$ U B S C 8
Coun!)'
i P T I O N
BATE
ty
SI 75
S3 00
$2.25
$4 00
Clatiifwdi and C rd« of Thank charged for at tha rata of 5c p«r word.
Cherokeean
Editorials
'Peace' Breaks Out Again
OH MY +OSH I THESE
coto CUTS WEHT BAD. WHY
I JUST 8OUGHT THIS MEAT THE
DAY BEFORE YESTERPAY
T THE*§I* CITY
WHEN I &ITMÍAT, I BUY IT
FRESH CUT FROM OUR LOCAL
MEAT MERCHANT HERE IN
RUSK
EXCUSE
ME GIRLS
I WANT
0 MAKE
SOME
- ^Süsüs
SUPERMARKET
SANDWICHES
mmmm
Sgp5H
Injunction, Mandamus Are
Oft Used Legal Remedies
Services Held
Monday For
E. K. Kennedy
permit and you can't get one else-
SPECIAL LEGAL REMEDIES where. You can then ask the court
Sometimes you see newspaper *or a wnt °' mandamus and if
stories telling how various courts >ou were n*ht and the buüding
have issued ' injunctions" to pro- official ^ad no grounds for re-
tect the owner of a patent from in- fusa5- the court will order him to
frirgement, to stop someone from lssue tlie Permit.
putting up a building which would Before the court will issue such
be a hazard to the neighbors, or to a strong command as this, the of-
prevent some other type of activity ficer must have refused to do his
which might harm one or more per- dear cut legal duty—not some- _
sons. Occasionally you read where th ni that he may or ma>' not have Tyle; a brother, Roland Kennedy
a "writ of mandamus" has been t0 do 83 Part oi hls J°b of Nederland; three sisters, Mrs.
directed against some public of- íTh¿s column' prepared by the Bert^a Horton of Goldthwaite,
ficial. This column will briefly ex- State Bar of Texas, is written to ^jrs wrinkle of Nederland,
plain both of these extraordinary 'niorra 1101 t0 advise No person a|)(j Mrs ^ ¡j oiiphant of Port
legal remedies. fhould *ver *PP ' or interpret any Neches; and two grandchildren.
The injunction got its name be- law wlthout the a,d of an a"orn<?y 0
cause in the old days the English *ho is fu"y advised concerning
King commanded ("enjoined") the factl «volved, because a slight
special action when an ordinary var'ancf. In f/°'s " * chan"e the
application of the law.)
-0
Funeral services were held in
the Van Baptist Church Monday
afternoon for E. K. Kennedy, fath-
er of Keith Kennedy of Rusk Bur-
ial was in Canton, Texas.
Mr. Kennedy died in a Jackson-
ville hospital Sunday morning af-
ter he was found in Rusk with
gunshot wounds. He was a retired
pumper for the Pure Oil Company.
Survivors include his wife; a
son, Keith Kennedy of Rusk; a
daughter, Mrs. B. D. Turnell of
tv
Thb
won
nquility that i- approaching, in which
..-a k-r- will -pn\id .•i«>rhit;g balm on th« other'?
cold war wounds, i- similar '<> another great era of peace—
the summit truce of 1955—the most notable similarity being
it..-i inescapable brevity.
This may be the beginning of an era prophesied of iri
which summit diplomacy replaces the chit-chat type, based
on the total-devastation-in-event-of-war principle. In fact,
the quasi official reason for Mr. Khruschev's visit is that he
may see our industrial might, and thus be deterred from
starting a war.
Most of us art- not jingoistic; w<- love peace and the
brotherhood of man. But thin seems to us to he rationaliza-
tion, known democratically as hog wash, eyewash or baloney.
Mr. Khrushchev is not going to see anything on a whirlwind
tour that he hasn't already seen on microfilm, legitimate
film or in the papers, supplemented <<f course by his diplom-
atic army here, spies and high officials.
Seeing all the industrial might in thi* world is not going
to change the mind of one so hell bent on ruling the universe
But thi* decision is made. He can swagger and bluster
his way through free America, turning peace and co-exist-
ance off and on when it suits him, speciously justified by a
show-off of might. Texas, by the way, is getting itself all
set to be flattered by one who is on record as saying he will
serve as our undertaker.
Mr Khrushchev has no regrets about Korea, Indo-
china, Hungary, Berlin, ad infinitum. Lasting peace or
peaceful co-existance is not a part of his itinerary here.
Yet the cause of peace will not be furthered by stone
throwing. So in the next few weeks, when peace will be
breaking out all over, America must practice restraint—in
its enthusiasm or indignation.
C h \ KROKKKA N COM MR NT
Can We Take Peace And
Political Provocation ?
3. Staled bids, with a cashiers
check in the amount of ten per
cent (10'i) of the bid.
court action could not solve a prob-
lem at hand. Today it is an order
requiring a person (or corporation)
to refrain from doing a particular
act.
As a rule, one would first get a
"Temporary Restraining Order"
which would stop someone from
doing something harmful — like
polluting a stream or annoying the
INTERESTING FACTS
Naturalized citizens of the Un-
ited States are entitled to all
privileges except that of becom-
ing president.
READ THE CLASSIFIEDS
IN JUST 15 MINUTES
IF YOU HAVE TO
SCRATCH YOUR ITCH—
Your Uc back at any drag (tor*.
Apply ITCH-ME-NOT. It <fc«d«n. your
itcb mad burning In minute ; kill germ*,
funji on conUct. Wonderful for eczema,
foot Itch, ringworm, insfct bite*, tur-
face raibe*. Today at
CARTLIDGE DRUG
What, would happen if Nikita
Khrushchev came over here in
September <'tnd said the heat's
off. that Russia is going to stay
within her own borders'* Not on-
ly that but that he would per
.tonally see to it that Mao Tze
Tung did the same thing''
With its current issues and
antagonism, what would happen
to America internally if she did
not have a dangerous enemy to
birifl her citizens together in a
common cause?
How much more serious would
the Little Rock incident have
(>een if America hadn't had to
worry about the international im-
plications of a division of its peo-
ple' If we weren't scared to
death of a house divided in the
face of nuclear threats would we
divide the house as we did tem-
porarily in the mid
century' State Hospitals and Special
We must surely have an equal Schools, proposes to sell, separate
number of agitators on each side ly or together, to the highest bid-
of today's issues And now, as der or bidders, two tracts of land
then, hack politicians are exploit- located in Cherokee County, Texas,
mg differences for political gain, being a part of the site of the
taking for their standard a broad Rusk State Hospital,
and indefinable human rights i„ Tract 1 consists of 0 40 of an
platitude. acre, more or less, a part of the
It was 100 years ago the Am A H White Survey.
ericans chose up sides for a (b) Tract 2 consists of 2-41/100
terrible war because they had acres of land, more or less, a part
basic differences that were mag- of the John Hundley Survey
... .. will be
received at the Central Office of Peacc °* y°ur home. By granting it
the Board for Texas State Hospi- the iud«e Preserves the status q-o
ta Is and Special Schools, Box S, until a hearing has been held to
Capitol Station. Austin, Texas, on 'lear sides of the controversy,
or before 10:00 a.m. on the 14th Usually, if you want an injunction,
day of September. 1959. Bids re- >'our ,aw>'er win take sworn
orizo,!S ceived after that time will not be into court to show that your
Our country has shown it can considered by the Bo.ird. All bid grievance is one which could be tak-
rise to any occasion. But even envelopes shall be addressed to en care of only by an injunction,
blessed peace will be difficult. ,hc "Chairman, Board for Texas Often you must put up a bond to
Not nearly so much however, if state Hospitals and Special make up for any damage you do the
the present atmosphere subsides Schools" and plainly marked on other side if the court doesn't see
to the point that a lull in outside outside of the envelope "Bid things your way.
pressure will not cause the cur- on rus^ state Hospital Land, Cher- After you've made your request,
rent antagonism to grow to di- 0|5eP County." the court arranges to hear the
vigive proportions. \ Upon acceptance of the high- other side. They must "show
As for Mr Khruschev. don't est hid, the sale will be for cash, cause" why the injunction should
look for fiusnia to lay down its jhe vendor reserves the right to not be issued. Because most in-
arms Real peace would have its reject any and all bids. junctions deal with immediate pro-
problems in this country. But 5 The bidder will satisfy him- blems, the court hears the mreits
it would be disastrous in his st.jf a4 t0 title and location of of such a case in very short time.
property After the temporary injunction
6 In the event of the failure 's a "permanent injunc-
or refusal of the successful bid- ''on may ^ obtained or either par-
der to tender the balance of the ^ may ^ a lawsuit to settle the
purchase price within 30 days af- problems which the temporary in-
ter notice of the acceptance of junction has cleared up for the
his bid or bids, the amount de- moment.
posited with his bid shall become If the court grants an injunction.
LEGAL
NOTICE OF SALE OF LAND
INVITATION TO PUBLIC BID
1 The State of Texas, acting by
run e< n and through the Board for Texas the property of the Board for Tex- it must be served on the defendant
as State Hospitals and Special to be effective. Then if he dis-
Schools. 4-t-c-8 obeys the order, he is disobeying
0 the court and is subject to a fine
CONDITION REMAINS or a jail term for "contempt of
ABOUT THE SAME court."
Rev. Lonnie Webb, in Rusk over "Mandamus'' is a special remedy
the weekend, reports Foster is used to right wrongs or enforce
now in Dallas, though his mother proper action by a public officer,
still hasn't been told of his recent When we elect public officers
accident. to work for us, we place a great
Mrs. Webb's condition remains deal of authority in their hands,
about the same. The family still Sometimes they fail to do their
hopes to bring her to Rusk Me- lawful duty. One way to make a
nified by the unscrupulous and 2. The sale will be in accordance morial Hospital sometime in the government official do his job is
Of Process And Paddies
Back to school this year is a little different from what
it was last year. This is calied progress in education, and
gome of its landmarks are free textbooks, free transportation,
hot lunches and conflicting ideas on how Johnny best learns
to read.
Newspapers, especially, this time of year are reminded
of the stern lesaon that no one is exempt from progress. For
example one of the more recent of these school progress
landmarks robbed newspapers of a valuable service they
could render the community.
Remember, it used to be that a newspaper had never
outlived its usefulness until it had been sent off to school
wrapped around a couple of peanut butter sandwiches, a
muffin or two and maybe a banana. Now kids just get their
tickets punched and file through the cafeteria line.
But this is only the beginning of progress in education.
Once when a kid was on his way back to school he felt well
equipped with a penny pencil, a nickel tablet and a dime box
of crayolas. Now he carry a ball point pen to match his
shirt, a decaí plastered notebook and other schoolroom ap-
purtenances so accessible nowadays.
School grounds are called a campus. Parking lots have
forced out marbles and mumble peg.
The stout paddle in the principal's office will still greet
some back to schoolers, but reports say it will finally be re-
placed with a progressive vinyl plastic knuckle rapper to-
gether with a tape recorded chewing out.
Newspapers are glad to give way to progress, but most
of them lament the passing of that crudely hewn and time
tested aid to education, the paddle—especially since the edi-
are out of school.
0
For Thought
if it Stent evil unto you to serve the Lord, choose
ye will serve; whether the gods which
that were on the other side of the flood,
ites, in whose land ye dwell: but as
wilt serve the Lord.—Joshua Si: 15
OUTSTANDING
ACCEPTANCE
FOR THE CAR
THAT STANDS OUT
"TARh?
made into great and noble causes with the provisions of House Bill near future. She is in Room 747,
embodied in the latter's parti- 69. Acts, 56th Legislature, Regular Baylor Hospital at Dallas.
cular brand of democracy Session, 1959 Metes and bounds 0
But regardless of who's on description will be furnished on INTERESTING FACTS
which side, isn't it possible that request by Chief of Legal Services, Thirty-three years usually con-
if a great outside force were not Board for Texas State Hospitals stitute a generation.
pressing down on it the Ameri- and Special Schools. Box S. Capitol Connecticut is sometimes called
can lid would blow off' SUtion, Austin. Texas. the Land of Steady Habits.
It is comforting to aay that
Americans have outgrown such
dire measures in settling their
differences. But what if Paul
Butler were realfy the spokes-
man for the Democratic Party
and its real moderate leadership
unable to subordinate such radi-
calism to the best interests of
the country1
Fortunately we have had the
statesmen who have been able
to bridge the gap in American
politics thus far
A hundred years ago a poten
tial enemy was far, far away
There could be no such thing as
a surprise attack on our shores
Europe was engaged in defense
against a Napoleonic rampage.
America could settle her differ-
ences in isolation. And for a
greater part of her history, Am-
erica could expend its restless-
ness to the West.
Moreover, America in senti-
ment is traditionally regional and
tends to regional integrity, even
though some of the looseness has
been taken out of the confedera-
tion since the turn of the cen-
tury. This may be breaking down.
but it has not abolished the sel-
fish interests for which men
quarrel, even fight.
Today America is the principal
objective of the strategists of
half the world. American people
are unused to such sustained
hostility, having been the world's
leading power for only a few
years Domestic issues not get
second billing
Therefore we are still being
tested. We have the omí«m re-
publican democracy in the his-
tory of the world Left to itaelf.
can a non police state, with di-
verse institutions and with ita
regionalism live with itself, hav
ing to be content with the same
to ask the court, for a writ of
mandamus.
Suppose you have applied for
a permit to build a house under
a city building code. You submit
your plans which meet all the re-
quirements of the code but the
proper official won't give you the
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Whitehead, E. H. The Cherokeean. (Rusk, Tex.), Vol. 112, No. 8, Ed. 1 Thursday, August 13, 1959, newspaper, August 13, 1959; Rusk, Texas. (https://texashistory.unt.edu/ark:/67531/metapth150301/m1/2/?q=Lamar+University: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Singletary Memorial Library.