The Tulia Herald (Tulia, Tex.), Vol. 84, No. 21, Ed. 1 Thursday, May 21, 1992 Page: 1 of 29
This newspaper is part of the collection entitled: Tocker Foundation Grant and was provided to The Portal to Texas History by the Swisher County Library.
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El Paso, TX 79903
Smith's Bond Suit Focal Point
The validity of a surety bond by Constable Weldon Smith
apparently is the current key point in a suit Filed March 30 in
64th District Court by Smith against Swisher County and its
Commissioners Court (officially and individually).
The county's answer to the suit alleges that the office of
Swisher County constable position has been legally vacant
since Dec. 3, 1990, due to the "defective bond."
Smith's original suit, filed by Canyon attorney William
E. Kelly III, seeks a "reasonable salary" of at least $8,500 per
annum, "reasonable attorney’s fees and costs of litigation
incurred in prosecution of this suit" and an expense budget for
such items as a radio, publications, training and education and
travel expenses. He also seeks "pre-judgment interest."
Smith contends the county "established the floor" on
Dec. 27, 1988, when it set Charles Fcagley's salary as con-
stable at $8,500 annually or $708.33 per month. Feagley
resigned prior to completion of the term and the office was
vacant until Smith took office Nov. 14, 1990.
His suit states his salary initially was set at $1,284 per
annum and raised to $1,384 for fiscal year *92.
Bob Bass, a Kress area native who represents the defen-
dants as a representative of the Austin law firm of Allison &
Associates, filed "the defendants' first original answer and
first original counter-claim" on April 24.
'LACKS CAPACITY TO SUE'
According to Section 88 of the county's response, on file
in the district clerk's office: "Defendants assert that Plaintiff
lacks the legal capacity to sue, having vacated the office of
Constable on or about December 3, 1990, by the failure to
properly execute a bond, present the same for approval to the
Commissioners Court, and see that the same was property
filed of record as required by Article 86.002, Texas Local
Government Code.
"Reference is made to Vol. 6, Page 567, of the Records
of Official Bonds, Swisher County Clerk’s Office, such defec-
tive bond being incorpoiated herein by reference as if set forth
herein verbatim. Said bond is not executed or acknowledged
by Weldon Smith,as principal, therefore having no legal force
or effect as a bond.
’Additionally, the cited and incorporated Records of
Official Bonds does not reflect presentment or approval by the
Commissioners Court, nor the endorsement by two or more
good and sufficient sureties, all as required by law. For all of
the above and foregoing reasons, the bond is wholly void, of
no force and effect, and the office of Constable was therefore
rendered vacant upon the expiration of 20 days after the date
of election, said election being November 13, 1990.
"Therefore, from and after December 3,1990, the office
of Constable in Swisher County, Texas, has been legally
vacant. Weldon Smith therefore, lacks the capacity to sue as a
person claiming the office of Constable, as well as any right to
seek a salary or budget for duties performed as Constable "
Smith, who phoned The Tulia Herald office about an-
other matter before bringing up the suit subject, emphasized
he has a legal bond. He said it was properly filed in the above-
mentioned official county Records of Official Bonds.
J. J. STEWART
Happy High Valedictorian
KALINA POHLMEIER CHRISTOPHER RUMBAUGH
Nazareth High Valedictorian Kress High Valedictorian
Three Schools Plan Commencement Exercises
*246,500 cattle fed In Swisher County 7B *Amarillo lad downs at Mackenzie Lake 4A
*Cancer organization scams outrageous 6B *Tori Irlbeck graduated with perfect GPA 2A
* State track, tennis meets in Austin rain 6A *Shirley's producing children's garments 2A
* * * THE FINEST PEOPLE AND THE RICHEST LAND * * *
VOL. 84, NO. 21
TWO SECTIONS
THE TULIA (Swisher County) HERALD
THURSDAY, MAY 21,1992
Swisher Planting Intentions Examined
Planting intentions expressed by producers to the
Swisher County ASCS office indicate approximately
93,000 acres of wheat, 66,000 acres of cotton, 25,000
acres of com and 23,000 acres of grain sorghum
during 1992.
However, Bobby Adams, county CED, expects
close to 100,000 acres of wheat could be harvested,
and "we'll probably have another 25,000 acres of
sorghum if we get moisture. I’ll stick with the cotton
and com numbers."
He added, "we always wind up with more milo
than the planted intentions show. These 23,000 are
primarily irrigated grain sorghum."
During an early-weck interview, Adams said
114,000 acres of Swisher County land are enrolled in
CRP (Crop Reserve Program). Almost half of this,
Swisher Agricultural Bases By Commodities.
(Rounded figures)
Wheat
Cotton
Corn
Grain Sorghum
Before CRP
191.000
120.000
40.000
42.000
After CRP
138,000
90.000
36.000
30.000
CRP Acreage
53.000
30.000
4,000
12.000
53.000 acres, is idled wheat land. Approximately
30.000 more are couon acres.
Questioned about the CRP, Adams explained the
first year of signup was in '85 and "we filled up after
the sixth signup, which was in ’89."
Therefore the first Swisher land enrolled is now
in its seventh year of the 10-ycar period.
WHEAT 'LOOKS AS GOOD AS I'VE SEEN'
Discussing the crop outlook, the ASCS office
head said, "Our wheat crop, I think, looks as good as
I've ever seen it. Our com, cotton arid sugar beets all
look prcUy good. And it appears we're going to have
a real good rattlesnake crop, from what I’ve seen."
Adams believes "a lot of cotton is up and looks
pretty good in parts of the county that got good
moisture, but other parts need rain right now."
The '92 farm program shows 2,356 county pro-
ducers, which includes operators and owners along
with "corporations and partnerships."
Swisher County has "950 different operators."
Allards' Doors Never Locked
Tulian Agnes Allard 'Pioneer Woman Of Plains'
(Editor's note: A special thanks
to Marie Harris for information
contained in this article.)
Agnes and Roy Allard's doors
were never locked, and strangers
were always welcome at their ranch
home. It was not uncommon for
travelers or ranch workers to help
themselves to food there.. .and they
always washed their dishes.
"People don’t know how nice
cowboys are; they are gentlemen!,"
emphasizes Agnes Allard of Tulia,
who had a first-hand association
with cowhands and early settlers,
alike.
It was fitting that Mrs. Allard, 87,
was introduced Saturday evening as
"Pioneer Woman of the Plains" for
1992 at the Pioneer Round-Up, held
each May in Plainview.
Member of a founding Briscoe
County family, Agnes Allard and
her husband Roy made their home
on the Shoe-Bar Ranch for 32 years.
He was manager of 30 sections of
this 80-section spread, which is 30
miles east of Silverton and 30 miles
south of Clarendon.
The couple didn't worry about
being annexed into anybody's city
limits. The road to Clarendon sepa-
rated the Shoe-Bar Ranch on the east
and the JA Ranch west of the high-
way.
COOKING FOR COWBOYS
The Allards were no strangers to
hard work.
Agnes cooked supper for the
ranch's cowboys when they were
stationed at their ranch bunk house.
It was common to have one to six
extra mouths to feed around the
family table.
Part of the foods Agnes served she
Continued on Page Three
,J. ... X * .V •
v»... -
• a* - *)***>■• v*":>
—'Y ’ •
PIONEER WOMAN—Agnes Allard accepts con- daughter, Shafe and Jonnie Weaver of Silverton,
gratulatlons after being revealed at *92 Pioneer (left) and Plainview Mayor E. V. (Gene) Rldlehuber
Woman of the Plains from her son-in-law and (right). —Photo by Earl Bell
THOUGHT OF THE WEEK
Dreams are simply challenges we
place in ourselves. —Motto For Happy
High Class of ’92.
•
OPOSSUM FAMILY
Ken Love had an expectant mother
opossum move into a utility building
near his residence in the Mackenzie
Addition and convert this into her nurs-
ery. She gave birth to "20 or so babies."
We had hoped to let her settle down a
bit about giving birth on Saturday and
attempt to get photos of the little fel-
lows.
The mother again changed addresses
before the pictures could be taken.
Being nocturnal, she and her new family
fled during the night
•
CONGRATULATIONS
Congratulations to Jodi Johnson and
Natalie Schmucker upon their state 1A
girls tennis championship on Saturday
and to Adrian Farris for his runner-up
spot
A tip of the sombrero also to the Lady
Hornet trackstcrs and Cory Sanders for
their showing in the state track meet at
Austin. They placed between fourth and
sixth in every event for which they had
qualified.
TULIA WOMEN EXCEL
In 1938, Marie Zimmerman (now
Harris) of Tulia posted the highest grade
among College of Arts and Sciences
Continued on Page Two
Pet Clinic Saturday
At Fire Station Here
The annual Tulia Pet Clinic, spon-
sored by the Volunteer Fire Department,
is planned from 9 a.m. until 12 noon at
the fire station. Dr. James E. Tucker will
be present to give rabies and other vac-
cinations desired by pet owners, accord-
ing to Fire Chief Wayne Nevins.
City tags will also be available.
•*V;
Rev. Schultz Speaker For
Memorial Day Service
The Rev. Joseph Schultz, pastor of Christ Evangelical Lutheran
Church, has been selected as speaker for the traditional community-wide
Memorial Day Service in Rose Hill Cemetery. It is scheduled for 10 am.
next Monday, May 25.
Veterans of Forcighn Wars and Ladies Auxiliary, American Legion
and Ladies Auxiliary and Swisher County Historical commission are
sponsoring the Memorial Day tribute, which is scheduled to begin with
the welcome and invocation by James Johnson and the Pledge of Alle-
giance, led by the VFW and American Legion.
Roger Otwcll is to present special music prior to the Rev. Schultz'
address.
Offering the benediction will be James Norris, VFW chaplain.
Johnson is to make announcements.
DAR GRAVE MARKER DEDICATION
A special DAR grave marker dedication is planned in memory of
Norma Poff Blount and Carolyn Foreman Albano.
VFW and American Legion will join in Taps before the singing of
God Bless the USA. to conclude the ceremony.
J. E. Dccn VFW Post members plan to place flags on graves of
veterans buried in the Tulia and Happy cemeteries.
Happy Historical Marker
Dedicated Memorial Day
A historical marker for the Happy Cemetery Association will be dedicated
Monday in conjunction with the annual Memorial Day services. The joint event
begins at 10 a.m. in the Happy Cemetery.
Woman's Study Club has conducted Memorial Day services each year since
the Happy American Legion Auxiliary disbanded. The auxiliary originated the
services "to honor all deceased individuals, but especially the veterans."
The Happy Cemetery Association was organized Mrach 18, 1912, according
to a journal kept by J. Frank White, who still has relatives living in Happy.
OLDEST GRAVE WAS IN 1913
"The original five acres of land for two adjacent cemeteries (one especially for
Catholics) were purchased from White," according to Maurine Allison. The oldest
recorded grave is that of William T. King (1871-1913).
The association built a small frame house which was used as a gathering place
for the annual Decoration Day activities from 1915 to 1985, when it was razed to
make room for more plots.
"Numerous local pioneers and veterans arc buried in the Happy Cemetery,
including both Confederate and Union Civil War veterans," Mrs. Allison explains.
The Swisher County Historical Commission adopted a program to identify all
veterans' graves, which were eligible for a government marker if the family desired.
To date, there arc 110 government markers, 14 families did not want markers and
three are pending. Six stones have bene erected for veterans whose bodies were not
recovered or who were buried elsewhere.
Family Olympics June 4
For All Ages: 6 To 60+
A county-wide recreation event
called Family Olympics is planned for
all ages June 4, from 6-7 p.m. in con-
junction with the Country Caravan con-
cert and barbecue in Conner Park.
Sponsored by the county Extension
Home Economics Committee, Family
Olympics is old-fashioned relay games
of hula hooping, balloon games, 3-
leggcd race, egg rolling, and much
more! The purpose is to promote fun
competition among all ages from 6 to
60+. Several organizations are involved
in sponsoring a game.
Everyone who likes to have fun is
urged to call the Extension Office at
995-3721 or chairman Carley Cosby at
995-2104 to pre-register. Indicate how
many members of your family will par-
ticipate. Families will be divided up on
several teams for friendly competition.
"It is being promoted as an intergen-
crational family event, but you do not
have to have other family members in
order to enter. Pre-registration will help
the planning committee in preparation.
Don't wait—call now to be a part of
Family Olympics!," says Extension
Agent Lynda Fogerson.
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Reynolds, Jim. The Tulia Herald (Tulia, Tex.), Vol. 84, No. 21, Ed. 1 Thursday, May 21, 1992, newspaper, May 21, 1992; Tulia, Texas. (https://texashistory.unt.edu/ark:/67531/metapth507374/m1/1/?q=music&rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Swisher County Library.