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Abilene Reporter News (Newspaper) - August 25, 1954, Abilene, Texas PARTLY CLOUDY ytihe ^böene 3l^eporter-j0ctDíí MORNING'WITHOUT OR WITH OFFENSE TO FRIENDS OR FOES WE SKETCH YOUR WORLD EXACTLY AS IT GOES" ByronVOL. LXXIV, NO. 71 Associnted Pre»» (AP) ^ABILENE, TEXAS, WEDNESDAY RIORMN^AUGUST 25. 1954-TWENTY-TWO PAGES IN TWO SECTIONS PRICE DAILY 5c, SUNDAY 10c Dispute Over Kent County Records Heads Into Court Joint Panel Asks By WARREN BURKETT Reporter-News Staff Writer CLAIREMONT. Aug. 24 - Kent County administrators are standing pat on their hand, which holds the county records in a vacated bank building in Jayton. The next move in the dispute over the county seat i.s up to the three commissioners who want the records returned to Claire-mont, Judge John Montgomery said Tuesday. .All the principal officers met Tue.sday morning in the ! emptied courthouse at Clairement. No official busine.ss was transacted. However. Coinmi«.sioner Mark Cave of Clairemont said he, Jim Wyatt of Girard, and A. C. Car-giie of Polar were agreed that a higher court should rule on the bringing of county records back to Clairemont. Judge Montgomery and Commissioner W. R. <Roy) Rodgers offered no further opposition. Move Illegal Earlier, Montgomery told the group he talked with the Attorney General’s office in Austin Monday. The division of county affairs informed him, he said, that it would be illegal to move the county records from Jayton, now that an appeals court has ruled that Jayton j i.s the county seat. Jayton won a contested election over the removal of the county seat. About three weeks ago, the county records were removed under highway patrol and sheriff's RECORDS STILL IX JAYTOX—Kent County Clerk Ger-f “frnn, thA rpd brick court- aid Fincher displays two of the ballot boxes which are. S i^Tairemoiuo the bank in i still at his new office in Jayton, Most of the.county records Ja>’ton. Since then, the commission has been at odds. The three commissioners who ordered their lawyers to begin a court action to bring back the records had been meeting in Clairemont. The judge and the other commissioner had : met in Jayton. In Tuesday's meeting. Judge Montgomery presented a telegram from the Houston company which holds the officials’ bonds. The telegram stated that the bonding company would not be responsible for surety if the records were moved. Courthouse Opened and officials’ offices are now located in Jayton as a result of Jayton winning over Clairemont in a contested county seat election. (Staff Photo by Warren Burkett) ENMESHED IN LAW Kent County Clerk Looks For Spore Ballot Boxes Judge Montgomery opened the locked Clairemont courthouse for the meeting. Earlier, hi^ brother. Sheriff Jim Montgomery, had nailed all the lockless windows shut and locked the courthouse. None of the three cwnmissioners from Clairemont have a key to the building. The meeting was held in the hallway of the old courthouse. It was the first time the commissioners | " the ballots ca.st in that elect- By ST.\FF WRITER JAYTON, Aug. 24 — Anyone have some spare election boxes? Kent County Clerk Gerald ' Fincher may need to borrow some. ' All the county’s ballot boxe* are now tied up. One set is Impounded in the district clerk’s office in Haskell. This is the set containing the ballots cast in the disputed election to move the county seat from Clairemont to Jayton. Moved to Jayton A district judge has not signed Mitchell to Testify PresidenI Signs Red Outlaw Bill DENVER, Aug. 24 l4V-President Eisenhower today signed legislation outlawing the Communist party and hailed it as a reflection ofi American determination to smash | conspiracies aimed at “violent ' overthrow of our entire form of government.’’ The President’s history-making action also wrote into a law a provision for a crackdown on Red-infiltrated labor unions. And he announced that in the next few days he will sign three other meas-ure.s which aim blows at Communists and other subversives. The administration did not ask Congress to enact the Communist outlawry bill, which was pushed through in the closing days of the session, and it had made no secret of misgivings that the legislation might drive Reds further underground. But Eisenhower, in signing the measure today at his vacation headquarters, made no mention of any misgivings. “The American people,’’ he de-, dared in a formal statement, “are i determined to protect themselves | i and their institutions against any CHECKING DOCUMENTS — Area supporters of Ralph Yarborough are shown checking documents on Gov. Shivers’ “printing and land deals’’ at a Yarborough rally held at the county courtroom in Abilene Tuesday night. Left to nght, seated, are Mrs. Walter Frazier of Merkel and Mrs. L. W. Kirk of Coleman. Standing are W. F. Frazier of Merkel, L. W. Kirk of Coleman, Eddie Nayfa and Bob faver, both of Sweetwater, See story on Page 3-A. (Staff Photo). _ ________ The second set, bought tor' use in the July primary, is now filled an order releasing the contested I organization in their midst which, t ballots in the county seat election, j purporting to be a political party i Fincher said Tuesday he may have to borrow some voting boxes from another county in order to hold the runoff election Saturday, unless he can get the boxes released in Haskelj. Jayton is now operating as the county seat, with almost all records and officials offices in the vacated First State Bank building, This is under protest by three within the normally accepted meaning, is actually a conspiracy dedicated to the violent overthrow of our entire form of government. “The American people likewise are determined to accomplish this in strict conformity with the requirements of justice, fair play and the constitution of the United States. ILLICIT STILL CATCHES DROP AUSTIN. Aug. 24 t4^-Either the moonshiners »re getting scarcer or the revenoors can’t catch >m. The Liquor Control Board reported it found only one illicit still in July — a Bowie County outfit, capacity 75 gallons. Usually it reports three to six a month. French Premier Not Seeking EDC Policy court has met together on home ground since the records were removed. Last week, they met in ion. Texas law says the ballots cannot be destroyed, thus empty- --------,    ,    .    ing    the boxes, until 60 days after Haskell. Agreement was reported gjectjon. n jg „ow only 30 days by Clairemont Commissioner Can^e    ^ere that the records wouW be brought back to Clairemont. The court, he    clairemont    about Shiven (alls Sapel Pardon Slory 'Unmiligated Lie' See KENT, Pg. S-A, Col. 4-5 three weeks ago. Gambling Ring Supporting Shivers, Yarborough Says HOUSTON, Aug. 24 uW-Halph [ At an afternoon press confer-\ arborough said tonight a Galves- ence. Yarborough said Shivers is | ¿¿ctlori boxes at Clairemont, the should have ordered the change of records and property from the courthouse in Clairemont. Jayton won out over Clairemont in a contested county seat election. Branch Jail Used Prisoners are being kept by the sheriff in a green-awninged building in Jayton. It is a branch county jail built several years back, 'The justice of the peace has his    office in the front of the stuccoed    building.      ^    ________ ________ Judge John Montgomery is the j elected governor, only officer not housed in the | gijjvers ,„ade the statement to bank building. He is in a    small    ^    4    qoo    persons    gathered    in    a office building at the rear    of the    j blocked    off    street    in    front    of    the BROWNW(X)D. Tex., Aug. 24 (4^ —Gov. Allan Shivers said tonight it was “a plain unmitigated lie” that Mario Sapet had been beaten into saying George Parr would get him a pardon if Shivers’ opponent bank. In spite of the county seat operating from Jayton, County Clerk Fincher said he would set up three ton gambling ring is “out beating the drum for Allan Shivers.’’ armed with all the legal power j original county seat, for the Saturday election. Absentee voting is down for the had displayed a copy of the sample ballot at a Texas City rally and said: “Shivers’ name heads the ticket but of course it doesn’t say it is the ticket of international racke teers. “I’m against bossism. were cast in the absentee box. So far, only six votes have been cast in Jayton. needed to settle the 10-month-old Yarborough told a Houston rally j the governor’s name heads tbe 1    ;    second primary, Fincher reported, slate on a sample ballot being dis-1 Dick Eisler, mayor pro tern of    election,    67    ballots tributed in Galveston    by    “the    big    1    Port Artlmr, earlier today chal- gambling ring.”    !    lenged Yarborough to carry out in TWO hour, earher Yarborough    eUywfde strike in 30 days if elected governor. Yarborough told reporters: “Eisler is tied in with Allan Sliiv- j ers. If this Eisler were any kind, of a mayor at all he would already i Tm    have settled the strike. 1 am a pri- j against goon squads,    as    was    the    |    vate citizen and Allan Shivers is case this afternoon    before    my    the goveriuir. He s anned wi h aU Galveston visit, that    go    into    the    the legal power needed to settle the business district and tell the people not to show up at my rallies. “The people of Texas are not going to be beat down by the bossism that gets its orders out of Austin.” Tonight Yarborough also said he hears every day of some man who has been fired for supporting him : in his gubernatorial campaign. i “That is a totalitarian technique,” | he told the city auditorium crowd estimated at 2,500. The Houston rally concluded Yarborough’s final bid for votes in the slate’s most populous county. Prior to late afternoon trips to Galveston and Texas City, he visited Port Arthur strike. NEWS INDEX SfCTION A Wamen't n«w*......... A Oil e«w$    6-7 SECTION B SporH      2-3 Edivorials    .    .    -...... 6 Comics ............ 6 Form, morkets......... 9 Rodio, TV ......... 10 Brown County courthouse here for a Shivers rally. Parr is the controversial political leader of Duval County in South Texas. Sapet was sentenced to 99 years in prison for conspiracy to murder in the 1952 slaying of Jacob S. (Buddy) Floyd Jr., son of a political foe of Parr. The case was tried here wi a change of venue. Shivers never mentioned by name his exponent in Saturday’s runoff election, Ralph Yarborough. “Sapet is in the state penitentiary now,” Shivers said. "He made the statement a few days ago to a guard there that if my opponent was elected George Parr would get Mario Sapet out on a pardon.” Shivers said his opponent in a going to support Shivers* opponent “and yet my opponent says he knows ntXhing about it.” *‘I think this opponent has promised them something in return—I know not what,” Shivers said. Representatives from 15 counties were at the rally. Shivers was introduced by Dr. Thomas Taylor, president of Howard Payne College here and Brown County Democratic chairman ?A years. Shivers’ said his opponent’s campaign was “blowing up” because people were getting mad at the “scurrilous type of campaign my opponent has resorted to.” PARIS, Aug. 24 I# — Premier i Pierre Mendes-France declined tonight to stake the life of his government on parliamentary approval of the European army treaty. He told newsmen after a late-hour Cabinet meeting that his government had agreed not to call for a vote of confidence when ratification of the European Defense Community treaty comes before Parliament Saturday. To Seek Vote This meant, in effect, that Mendes-France would ask the National Assembly to vole on the treaty but would not recommend approval as a government policy. This appeared to be a crucial decision since proponents of a unified army that would include West German troops have been urging the Premier to come out strongly for ratification despite his defeat at Brussels. There he failed to convince representatives of the other five EDC countries the treaty should be sharply modified. Mendes-France told the newsmen the government would oppose any efforts to postpone debate on Elk:. He added that any further delay in facing the problem would be disadvantageous to the country. Asked whether he would pgll on the National .Assembly to take up the Bonn treaty, granting West Germany sovereignty, at the same time the EDC pact comes up, the Premier replied “No comment.” 5-Day Forecast Anticipates Rain Ail Over Texas THE WEATHER I', s. DKP.'tBTMKNT OF COMMERCE HE.STHKR BCREAU ABlLKNE AND VICI.MTY — Partly cloudy and not much dtanae in temperature. Ix»w wedneaday 75. High both daya ^NORTH CKNTRAL AND WFJiT TEXAS ~ Partly cloudy through Thuraday. Widely acattered thunderahowera. Not much change In temperature EAST AND SOUTH CENTRAL TEXAS-Partly cloudy with acattered thunderahow-era Wedneaday. becoming widely acatier-•d Thuraday. Not much change in temperature. TEMPERATI RES Tue«. 76 7¿ 74 74 72 73 76 m 8.1 86 87 88 A.M. PM. 91 93 93 94 94 92 89 87 IS Tuet 1:30 ............ 2:30 ........... 3:30 ........... 4:30 ........... 5:30 ........... 6:30 ........... 7:30 ........... 8-30 .......... 9:30 ........... 10:30 ........... 11:10 ......... 12.30 High and low temperatures (or 24 hours ended at «3:30 p.m ; 95 and 72. High and low temperatures aame dato last year: 92 and «8 Sunael last night 7:13 p.m. Sunrise today 6:10 a.m. Sunaet tonight 7:12 pm. Barometer reading at 9:30 p.m. 28.22. Relative humidity at 9:30 p.m. 4«' -. Invitation Comes Alter Power Blast WASHINGTON, Aug. 24 UB-The i Senate-House Atomic Energy Committee today called on Democratic Chairman ^ephen Mitchell to give it on Sept. 2 “any evidence of malfeasance or impropriety” he has with regard to the administration plan to contract for private power in the Tennessee Valley area. Chairman W. Sterling Cole <R-NY) of the joint committee made public a copy of the invitation to Mitchell, who has called the plan “a raw deal ... a shocking story ” Wires Mitchell Cole telegraphed Mitchell he wa.s being asked to testify “in view of your repeated intemperate charges against Pre.sident Eisenhower in this matter.” From Chicago. Mitchell replied that he would “be gftd to accept your invitation to attend the meeting” but said Cole’s reference to “intemperate charges” would seem to indicate that “you have prejudged the case in such a way as to raise doubts over your ability to conduct an impartial hearing.” Thus another round was indicated in the controversy, which has already had a series of climaxes. Long Senate Debate One high point came during the 13 days of debate in the Senate on the atomic energy bill when critics of the proposed private contract, D30st of them backers of the Tennessee Valley Authority, sought in vain to wipe the contract out by legislation. Another climax came on Aug. 16 when Mitchell intimated in Chicago that Eisenhower’s friendship with golfer Bobby Jones influenced the decision to award the contract to a utility group in which Jones has an interest. Eisenhower at his Aug. 17 news conference rejected what he called innuendoes that friendship was a factor, and seme Democrats in Congress along with Republicans said Mitchell was going too far. Repeats Questions In a later statement Mitchell said he accepted Jones’ statement that he did n<X discuss the contract with the President, but repeated that some questions needed to be answered. Among Mitchell's questions were whether there had been c<Hn-petitive bidding on the contract and why the President directed that it be placed by the Atomic Energy Commission “against its better judgment.” On Eisenhower’s instructions, the AEC and Budget Bureau last Saturday made public an account of the negotiations leading up to the proposed contract. The atomic energy law finally passed provided that the joint Atomic Energy Committee consider the contract. By THE ASSOCIATED PRESS Scattered thundershowers were predicted in all parts of Texas in speech at Brownwood a few weeks the Weather Bureau’s 5-day fore-ago .said that Violence Follows Death Of Brazilian President RIO DE JANEIRO. Brazil, Aug. ' attacks on Uic Comniunt.st news- Balloting Doubles In Second Primary we fired the regular i cast Tuesday.      '    /- guard and sent some bully down , Marshall got wet the fir.st day. {24 tfv-President Getuho Vargas | paper Gaucho. there to heal that fellow up and : over two inches pelted the East | fired a bullet through his heart i The raging mob smashed .    ..I    .A    A...J____ Pre-election fever rolled into high gear Tue.stlay as absentee voting in Taylor County for the second primary more tiian doubled the total of the first Democratic pri- make him admit that. “It you all will excuse the lan-1 guage, that’s just a plain unmiti-i gated lie.” I Shivers said that his opponent ! twisted facts    , j “He’s trying to hide the fact he s made some committment to George Parr.” Shivers said Parr has said he is State vote roundup on Pg. 3-A mary. Mrs. Chester Hutcheson, county two of his Houston headquarters i clerk, reported that a total of    . of Harris County Democrats, and 893 absentee votes had been cast not be known until Saturday attended a fund-raising luncheon. ‘ or mailed. In the first primary on , Absentee ballots are used by box judge ofiens the sealed envelopes at 1 pm. Saturday on runoff election day. Therefore the final exact total of the absentee voting figure will Yarborough talked nearly an hour tonight alter a quarter-hour state radio broadcast. He repeated a pledge made last niglit in Dallas that he would end the Port Arthur strike in 30 days if he is elected governor. Shivers, he said, “has failed to lift a finger to restore peace in Port Arthur.” “Why has he failed?” Yarborough asked. “Because this is election year. He has used Port Arthur as a political football he can kick itotxx border to border.” Allorney Denies Ownership Remarks WACO, .Aug. 24 y^Dlst. Atty. Tom Moore Jr. said today he was unconvinced by Atty. Gen. John Texas city. In the border country around Del Rio residents kept an anxious _____________________ quickly spread throughout the eye on the Rio Grande, swollen j country, and a number of persons from recent heavy rains in the E! Paso and Presidio-Ojinaga area. At Del Rio there was a reptirt that the temporary bridge across the river to Mexico might be closed Tuesday night because of high water. But officials there said the river might not rise enough i to make this happen. The Highv/ay Patrol said there was a chance the temporary bridge over Highway 90 at Pecos River j canyon might be clwsed Wednes-! day if the river rise.x. U *iad I dropped nearly a foot there late Tuesday. July 24. only 421 absentee votes persons who will be out of town j ^ shepperd’s answer that <'0V., were recorded    ,    on    election    day    or    unable    to    go    ;    ^hivVrs    did    not    own    stock    in    ^he    budges Tuesday was the last day for ‘h* ««11«       nnor    can>on    were    wasnea absentee voting in the runoff pri- to the polls By noon Tuesday. ,563 ballots mary and 2tMJ ballots were cast j had been cast across the counter from 7:30 a m. to 6:15 p.m. in' in the clerk’s office the county clerk’s office. Mrs. Hulchesoii said that 70S ballots had been cast across the counter in the county clerk’s office and an additional 190 had been mailed to applicants. Total number of the mailed bal lots that will be returned will not be known untU the absentee ballot An afternoon rush pushed the total absentee voting for the second primary up to the 893 mark. Mrs. Hutcheson said late Tuesday evening that the last day rush of absentee ballots had kept her office staff busy every minute from the time they opened until closing at 1:18 p.m. the Times Publishing Co of Mis Sion, Tex., when the company was awarded state printing contracts. Moore had asked Shepperd for an opinion whether an injunction could be sought in connection with the issuance of the printing contracts. Shepi>erd said last night for a second time that neither Shivers nor his wife had been a stockholder in the publishing company since Fab. 1. mu a flood several weeks ago Other points reporting rain include: Beaumont 1.21 inches. Houston .01. Brownsville .08, Galveston .98, Victoria .47, Austin .02. El Paso .58. Childre.s8 .10 and Salt Flat ,01. Temperatures stayed below the century mark for a change Laredo had the day’s high, 98 degrees, and El Paso had 81, low maximum for thf day. into today after Brazil’s military brass ' the U. S. consulate in Porto Alegre, forced him to resign. Violence ! gyo miles southwMt of Rio De Janeiro, and damage was reported heavy. Another U. S. consulate at Belo Horizonte in eastern Brazil was reported smashed by a Communist-led crowd A crowd of several nundred tried to surge past some 200 troops guarding the U. S. Embassy here in Rio. Cavalry and police fired over their heads and drove the mob back. From across the street, they hurled rocks and smashed four big plate glass windows in the big, ultra-modern building. As night fell in Rio the demonstrations ended. Armed guards and cavalry continued to patrol the ; streets. 1 Rioters accused the United Stales of tormenting the government crisis that ied to Vargas’ dramatic end. At Sao Paulo, mobs attacked shops that refused to close down. .Most places of busineia in Rio were quickly shuttered. Crowds In the capital converged around the Senate, where police (Rice fired into the air to disperse them They immediately regath-•rad but Uua tima were acattered were reported killed by gunfire in Brazil’s big southern city of Porto Alegre. The suicide of Brazil’s 71-year-old strongman was an explosive climax to the two-week-old crisis over the murder of an air force major during an attempted assassination of an anti-Vargas newspaper editor. Reports from the Atlantic port city of Porto Alegre said police fired kito an angry mob and the mob fired back, leaving an undisclosed number of dead and wounded There were rejiorts that some ol the attacks—many irf them against U. S. firms or thcjse thought to be owned by U. S. interests—were inspired by C<Miimu-nist* who seized the opportunity oi today's tension to foment «ili-Amcrican reaction. The branch offices of the National City Bank of New York were attacked as were places displaying Coca Cola signs. But thera wera other report! of by a barrage ot noise b<Rnbs. “To the wrath of my enemies I leave the legacy of my death,” Vargas wrote in the 600-word letter shortly before taking his own life. “To those who think they have defeated me, I respond with victory.” he wrote. “I was a slave of the people aiKi today I free myself for eternal life.” Soon after Vargas’ des^. and wkhut ceremony. Joao Cafe Filho assumed the presidency. Cafe, 55. a ftMTner editor, had been elected vice president with Vargas in 1950 In a statement, the new President identified himself closely with the dead leader and said Vargas’ suicide “hit me like a blow.” Presumably a* the request of the air force. Cafe named Lt. Gen. Eduardo Gomes—who sparked the opposition to Vargas—as the new air minister, relacing pro-Vargas Gen. Epaniintmdas dos SMitos. The new President asked Gen. Zenobio da Costa to remain as war minister and the latter accepted. .All other Vargaa muustera re-portedlv presented their resignn-tions. But since Cafe announced his government would continue along the lines laid down by hi* predecessor, some mlmslen will remain in tlieur poeti. ;