Polk County Enterprise (Livingston, Tex.), Vol. 99, No. 3, Ed. 1 Thursday, January 8, 1981 Page: 1 of 40

                                
SMHPHMWk - - -
GOOD
MORNING!
Polk County
ENTERPRISE
Microfilm Center UicT
.Box 45436    v,
Dellas Texas 7521%,
THURSDAY,
Jan *8, 1981
The dominant news and advertising source in Folk County, since 1882
VOLUME 99
NUMBER 3
7 SECTIONS 42 PAGES
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Lawyers reach agreement in Pixley suit
• !V
LIVINGSTON - After hearing almost
two hours of testimony and after con-
ducting lengthy meetings behind closed
doors, lawyers for E.R. Pixley and the
Goodrich Independent School District
apparently reached a settlement agree-
ment Tuesday afternoon in Pixley’s
lawsuit against the school.
Details concerning the agreement
were not made public, however, pen-
ding formal approval by both Pixley
and the Goodrich school board.
Pixley, who was appointed in 1979 to
represent the school on the county-wide
tax appraisal board, took the Goodrich
school district to court in an attempt to
Millionnaire slated
as banquet speaker
LIVINGSTON - George V. Smith,
who was born in Livingston in 1926, end-
ed up doing something that many
doubted he could do. The black man
with a third grade education invested
$4,000 of his own money and 25 years of
pipeline experience in his own business
and became a millionnaire in less than
five years.
Smith will be back in his hometown
Feb. 20, when he will be the guest
GEORGE V. SMITH
...self-made success
Reaction
Since moving to Polk County, I’ve
heard a lot about the Big Thicket Na-
tional Preserve. What and where is
the preserve?
The Big Thicket National
Preserve was created in October of
1974 when the President signed
Public Law 93-439. The law authoriz-
ed the purchase of 84,500 acres in 12
units and stream corridors in Polk,
Hardin, Tyler, Jasper, Liberty, Jef-
ferson and Orange counties.
According to Bill Jewell of the U.S.
Corps of Engineers, about 70,000
acres of land has been purchased so
far. The remainder will be obtained
when title problems are cleared and
disputes over land prices have been
ironed out in federal court, he said.
Land acquisition in Polk County’s
14,300-acre Big Sandy Creek Unit,
located to the south of the Alabama-
Coushatta Indian Reservation is
about 85 percent complete. The por-
tion of the Menard Creek Corridor
Unit located in Polk County is
“better than 90 percent’’ complete.
Jewell added the sections of the
preserve which are totally in public
ownership include the 660-acre
Hickory Creek Savannah Unit in
southern Tyler County, the
7,800-acre Turkey Creek Unit in
southern Tyler-northern Hardin
counties, the 330-acre Loblolly Unit
in eastern Liberty County and “for
all practical purposes” the
4,836-acre Beech Creek Unit in
eastern lyier County.
The preserve was created by Con-
gress,to protect what scientists have
called a “bioligical crossroad’
where plant life such as reindeer
moss native to the arctic grows
within sight of subtropical palmetto
commonly found in the Florida
Everglades. Hare and endangered
species of both plant and animal life
also inhabit tbe areas set aside for
the preserve.
(The Enterprise will answer questions of
general interest. Any parson may submit qu<
tions. Each query must include the i
dress and telephone number of the «
neither names nor addresses will be |
- JAWS questions to "Reaction,” P.O. Box BJS,
.U*topton,tX77»l).
Via*
speaker at the Polk County Chamber of
Commerce Banquet.
The businessman earned his first
money by mowing lawns in Livingston.
When he was 8-years-old he dropped out
of school to help support his mother and
four brothers and sisters. At 12 he was
picking cotton. The following year
found him helping with the rice harvest.
From there he cut cross ties for
railroad tracks and. operated a paper
latching machine for a pipeline com-
pany.
In 1951, sensing a chance to leant and
advance, he traded his $1.46 an hour Job
as a shipping clerk for the Missouri-
Pacific Railroad for a $1 an hour job in
a Houston pipeyard. “I increased pro-
duction efficiency from testing 18 pipe
■MmaA Attfifew, pipe company be
was made » supervisor and whs ftter
nattied a vice president.
In September of 1974, with his and his
wife Evie’S savings, Smith founded
Smith’s Pipe Testing and Service Co in
Houston. Subsidiaries now include Con-
tinental Inspection Co. and Smith Pipe
and Supply. The firm has also received
distributorship with Youngstown Steel
and Tube Co. and U.S. Steel Corp. The
number of employees has grown from
four to 135.
The native P61k Countian’s pipe com-
panies gross# $5 million in 1977. The
next year the gross jumped 380 percent,
up to $24 million. His goal is to have a
$100 million business with 500
employees, but he says his “prime
motivator is giving people an oppor-
tunity.” Approximately 70 percent of
the employees who work in the com-
pany holdings in Houston, Denver, New
Orleans, Oklahoma City and
Bakersfield, Ca. are black. “We need to
quit talking about others hiring blacks
and hire ourselves,” he said. Smith also
provides training for high school drop-
outs. “I believe in giving a hand-up not
a hand-out.”
Smith’s civic activities include
membership in the Democratic Na-
tional Committee, the American
Business Council, the board of trustees
of St. Elizabeth Hospital, the Salvation
Army Boys’ Club Advisory Council and
the Houston Regional Minority Pur-
chasing Council. He also serves as
chairman of the Texas Occupational
Safety Board and is a director of the
Houston branch of the Federal Reserve
Bank of Dallas. He and his wife are ac-
tive in the Wayman Chapel A.M.E.
Church, where he is a member of die
trustee board.
His achievements have been much
recognized through a variety of
awards. In the past year alone, Smith
received Texas Southern University’s
Excellence in Achievement Award, the
Houston Citizens Chamber of Com-
merce’s Business Achievement Award,
the Pittsburgh Courier's Top Hat
Award and the NationalMinorily Sup-
plier of the Year Award.
slop them from removing him from las
post on the tax board.
The school’s board of trustees voted
on Oct. 19,1980 to recall Pixley from the
position contending his original ap-
pointment violated the Texas nepotism
law. Pixley’s son, Bobby Pixley, was a
member of the school board at the lime
of his father's appointment.
Tiie twice postponed hearing on a
temporary injunction against the
school began at about 9:50 a.m. Tues-
day with attorneys questioning both
Pixley and his son. District Judge Joe
Ned Dean recessed the hearing for
lunch at about 11:30 a.m. and scheduled
die matter to resume at 1 p.m.
However, it wasn’t until slwrtly
before 4 p.m. dial the judge and die at-
torneys returned to die courtroom.
Dean announced dial settlement
negotiations between the two parties
had been going on throughout the after-
noon and that, it “seems 100 percent per-
tain that an agreement will be drawn
up.” The judge added that if for some
reason a final agreement between Pix-
ley and the school could not be readied
out of court, he would reschedule a final
hearing on the matter for the “latter
part of next week.”
During testimony Tuesday morning,
Pixley’s attorney Jerome P. Owens, Jr.
told the court that the request for the in-
juncUon against the school involved two
basic points - whether any taxing agen-
cy had the right to recall appointees
from the appraisal district once the ap-
pointment had been made and whedier
or not Pixley’s appointment violated.,
state nepotism laws.
Owens said that since members of the
appraisal district’s board of directors
receive no fees, salary or compensa-
tion, the nepodsm law was not violated.
Pixley, under questioning by Owens,
said he was given the appointment to
the tax appraisal board at the request
of former Superintendent John
Knierim. “Knierim suggested I serve
because he couldn't get no one else.”
He added that while he “assumed”
the school board took action on the ap-
pointment, he had no direct knowledge
of the appointment procedure.
While first saying he also had no
knowledge of the reason for his recall
sitil after the Oct. 19,1980 school board
Meeting, Pixley later said that he had
card “rumors” about the matter and
had contacted an attorney to represent
him prior to the meeting.
He added that he lias never been of-
ficially notified of the school board’s ac-
tion to remove him, explaining he had
heard about the move “by word, not bv
letter....Somebody told me about it and
I read it in the paper.”
I However, under questioning by Larry
Walls, the attorney for the school
district, Pixley later added that he had
been present at the Oct. 19 school board
meeting when the decision to remove
him was made.
Watts also brought up the fact that
the recall had been discussed by the
board during an Oct. 18, 1980 executive
session of the school board but Pixley
insisted he had not learned of that
discussion prior to the Oct. 19 meeting.
Pixley also said that even though his
son was on the school board and present
at the Oct. 18 executive session at which
the recall was discussed, he was not in-
formed about the matter.
“How did you know to show up at the
Oct. 19 meeting with your attorney?"
Watts asked.
“Because I was notified they might
discuss this,” Pixley said.
“Why did you contact a lawyer?"
Watts said.
“To represent me In the recall,” Pix-
ley said.
Pixley added that he had heard only
rumors about the school board’s plans.
During his questioning of Pixley,
Watts introduced a number of pieces of
evidence including the school board’s
*' AM
minutes of the Oct. 3, Oct. 18, and Qot.
19,1980 meetings and the tax appraisal
board’s Manual of Operation.
Watts also introduced the Texas Pro-
perty Tax Code which stales that
members of the tax a[
“may not be entitled to
but are entitled to reimbursm
tual expenses incurred in the
mance of their duties.”
The only other witness called
the hearing was Bobby Pixley. ruusy,
a current member of the Goolr0*
School Board, told the court he was
a member at the time of his father’)^
pointment and he did take part bt'tj
voting concerning that appointment
During questioning, he told the CT
the suggestion to recall his father
first brought up by current 1
dent Jerry Easley. Bobby Pixley la
Easley had informed the board that i
dependent auditors who were examin- -
ing the school raised a question concer-
ning the legality of the appointment
The witness also said that at the UgM
of the recall decission on Oct
school board had received a letter i
the Texas Education Agency
that because E.R. Pixley’s i
the school board, they could not legally;
appoint him to the county-wide tax ap-
praisal board.
Burglary sgspects in cu
• msmmimm.    " mmKmkS. ■
SlMfigi'
LIVINGSTON - A 18-ycar-old Uv-
ingston man ft being field in the Polk
County * Jail under a $1500 bond; on
chargdf of burglary. | > 3L
Gary Brydson has be# chargedvin
connection with the burglary of Liv-
ingston Country Club of) Dec. 8, at
which time 18 bottles Of liquor were
stolen, according to Livingston Police
Chief Bill Smith. The chief added Bryd-
spirbas also been connected to the theft
of a motorcycle from BeaumonL
In other Ww enforcement activity,    with the theft of a tractor,
im Marquis, chief investigator with In additiofc two l&-year-<
lie Polk County Sheriff’s Department, rested in connection wi
eported that six juveniles ranging in burglary; a 12-year-oldha
Jim Ma
the Polk County Sheriff’s Department,
reported that six juveniles ranging in
age from 6 to 16 have been taken into
custody in connection with five
separate burglary complaints.
Marquis said one 16-yeaj--old ft being
held on feiony theft, malicious mftithief
amt burglary charges in connection
with the thi
In additiofc two 18-year-olds were ar-
rested in connection with a house
burglary; a 12-year-okl has been taken
into custody in connection with another
break-in; an 8-year-old has been ar-
rested in connection with a separate
burglary; and a 8-year-old was picked
Rainfall brings wrecks
LIVINGSTON - Tuesday’s rainfall
and subsequent slick highways spawn-
ed several traffic accidents, both major
ahd minor.
Homer Steele, Sr., of Marshall was
taken to Livingston Memorial Hospital
after the Dodge pickup truck he was
driving collided with a tractor-trailer at
12:20 p.m. Tuesday on U.S. 59 near
lx>op 116.    ■
The driver of the tractor-trailer,'"
Elton Albert Fuchs, 50, of Houston was
not injured, according to Texas
Highway Patrol Trooper Tom Selman,
who investigated the accident.
In another accident, Richard Glen
Childress, 22, of Houston was treated
and released from Livingston
Memorial Hospital after the 1979 Inter-
national- tractor-trailer he was driving
overturned on U.S. 59. According to the
investigating officer, the truck had just
come off the Trinity River Bridge south
of Goodrich when it apparently hit a
bump, went out of control and turned
over in the median. The accident occur-
red at approximately 5 a .m..
Shortly after 10 a.m. Tuesday, a 1979
Ford van driven by Ricardo Cantu, 31,
of Huntsville went out of control on a
curve and overturned on FM 1276 8.7
miles north of DallardsviUe. Cantu,
who was not injured, was cited for un-
safe speed.
Shortly before Canti.’s accident, a
1980 Ford pickup driven by Brenda
Tumlinson Brown, 24, of MadisonviHe
went oilt of control 1.6 miles north of
DallardsviUe on FM 1276. No injuries
were reported. Brown was dted for un-
safe speed.
By Onaiaska City Council
Highways discussed
ONALASKA- The 1981 budget and ci-
ty streets and highways were the topics
of discussion Tuesday night by the
Onaiaska City Council.
According to Mayor Bob Goodson, the
council reviewed revenue and expen-
diture projections for the canning year
in preparation for compiling a final 1981
budget.
He added that no final budget figure
Local fifakien assist
LIVINGSTON - Two units and, 10
men from the Onaiaska Volunteer Fire
Department were called to assist the
Waterwood Fire Department Monday
in controlling a house fire.
Tbe fire began in a utility area in the
garage and quickly spread to the attic
of tbe residence, according to Water-
wood Fire Chief Bud Parker. Although
tbe fire itself was confined to tbe
garage and attic area, the rest of the
extensive smoke and
t, he added. Parker said
F short circuit is suspected
he fire.
of the house, Mr. and
, had just moved to
The Livingston Volunteer Fire
Department along with Texts Fi
Service crews were called to a w
fire shortly before noon Monday off FM
942 in Leggett. The fire resulted in little
damage, according to Fire
Wayne Keller.
Livingston firemen were also called
Hwy,
was
has been reached as yet but that once it
has been finalized it will be presented
for public review and comment during
a special hearing. Goodson said the
public meeting would probably be
scheduled to be held within two or three
weeks.
Among the items being considered
for the budget ft an expansion of the ci-
ty’s fire station and the addition of a
meeting room. Goodson said he and tbe
council are currently looking for ways
in which to finance the project which
has an estimated cost of $10,000.
Last year, the City of Onaiaska'
adopted a budget which called for ex-
penditures and revenue of $45,931.60
and included for the first time money
obtained through the collection of a pro-
perty tax. Goodson said the budget for
\m would probably call
minimal, Keller said.    8ae ACCIDENTS pg. 14
--IfiSrr;.-...
up in connection wk
Marquis said r”
curred in the Go
around Lake Livingston. ,
The investigator said in addition to
the five burglaries which have haw
solved, three other breafc>bft are still
under investigation.
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