New Braunfels Herald Zeitung (Newspaper) - August 13, 1980, New Braunfels, Texas
NATURE PLANTS ...........4B
Coming Thursday Back to school issue. NBISD bus schedules
Court stays admission of aliens
HOUSTON (AP) — The doors of Texas’ public schools, thrown open for the children of illegal aliens by a federal judge, have been slammed shut again by a federal appeals court, touching off widespread reaction from government and education officials.
A three-judge panel of the 5th U.S. Circuit Court of Appeals issued a one-line opinion Tuesday staying a ruling that would have forced public schools to enroll undocumented children this fall.
On July 21, U.S. District Judge Woodrow Seals struck down a Texas law barring illegal alien children from a free education.
The circuit court’s Tuesday ruling came after the State of Texas filed an appeal to Seals’ landmark decision, saying the opinion did not give Texas public schools enough time to prepare for the enrollment of undocumented children.
San Antonio schools presently are the only ones that admit undocumented children without charging tuition.
“I never thought a federal court would advocate functional illiteracy,” said Ruben Bonilla, national president of the league of United I .atm American Citizens said Tuesday.
“The higher court is creating chaos and disorder. It (the ruling) is legally
and morally unconscionable."
Seals’ ruling struck down a portion of the Texas Education Code that gives local school districts the option to charge tuition or refuse to enroll the children of illegal aliens.
Numerous lawsuits were filed in 1978 and 1979 and consolidated here last December Seals presided over a lengthy trial here last spring.
Attorneys for the plaintiffs said there may be 20,000 illegal alien children in Texas, but state’s attorneys said the number may be as high as 100,000.
Isaias Torres, who represented undocumented children at that trial said he was disappointed at Tuesday’s
ruling and would file an appeal “possibly Wednesday.”
“This means the children probably won’t be able to go to school for several years,” Torres said.
In his opinion, Seals wrote that the Texas law was a violation of 14th Amendment rights and chided state and federal officials for not enforcing immigration laws.
Gov Bill Clements applauded the decision, saying in Austin he ‘ agreed with the judges. That is my one-line comment. The matter should be stayed.”
Clements added that he was “optimistic” that the state would get a
favorable ruling on their request to overturn Seals’ decision.
In Harlingen, Manuel Gomez, assistant to the school superintendent, welcomed the delay.
“One more student now of any kind would put a damper on the operation,” he said. “This delay will relieve us.”
Gomez said Ute Harlingen school system would have to build additional classrooms to handle the students.
“If we could hire 20 teachers now, we wouldn’t have a place to put them,” he said.
Billy Reagan, of the Houston District, said about OOO illegal alien children had been enrolled since Monday morningGetter, Inc. P.O. Box 45156 Dallas Tx ll •55
* Taylor Communications Inc
25 cents August 13,1980
Vol. 89 - No. 39 28 Pages — 3 Sections (USPS 377 880)
New Braunfels, Texas
President Carter's prize, platform tied
NEW YORK (AP) — President Carter, winning a guarantee of renomination on one day, finds on the next that his prize is tied to a party platform bearing the clear stamp of Sen. Edward M. Kennedy.
Carter was arriving in New York today as delegates to the Democratic National Convention gathered to formally nominate him for a second term.
But under convention rules, he was virtually forced to repudiate party positions on the economy, the Equal Rights Amendment and abortion — all stances pushed to success by the Kennedy camp Tuesday night.
And the big question of the convention remained: Would Kennedy’s all-out support follow his platform victories, achieved after the president’s men avoided yet another battle and let the senator have his way.
“That’s a decision for him to make,” Carter said when asked about Kennedy’s support Tuesday night as he returned to the White House from five days at the presidential retreat at Camp David, Md.
And does he need that support, he was asked.
“I can win much better with him,” Carter replied. “It would certainly be beneficial for me to have his full support during the campaign.”
There were some signs, however, that not all Kennedy’s supporters would go along with a Kennedy endorsement. Kennedy’s deputy campaign director, former Wisconsin Gov. Pat Lucey, resigned as a delegate and said he would consider supporting independent candidate John Anderson. A machinists union official said some members who are delegates would walk out during Carter’s acceptance speech to protest the president’s economic policies.
As for Kennedy, in an impassioned speech that electrified the convention’s Tuesday session, he called for a party victory in the fall but offered no direct endorsement of Carter.
After that speech, the convention was momentarily his.
But it was a shallow victory for the Massachusetts senator, his presidential bid rejected and his major platform plank spurned by Carter.
I^bor Secretary Ray Marshall said Carter would formally notify the convention today that he cannot accept a plank calling for a $12 billion federal program to create 800,000 jobs. That plank was the one on which Kennedy chose to focus his fight “to renew the commitment of the Democratic Party to economic justice.”
Asked why Carter was unwilling to accept the plank, White House press secretary Jody Powell said, “I can’t imagine Senator Kennedy would expect the president overnight to change the position which he has held throughout this long campaign. I would think the senator and the American people would think less of the president if he changes his policy...just to obtain some political advantage.”
Under party rules, Carter must notify the convention of his disagreement with any platform plank within one hour of final approval of the document.
Powell said that while Carter continues his strong support for the ERA, he opposes the platform plank calling on the party to withhold campaign funds and technical assistance from any candidate who opposes the amendment.
The convention also called for continued federal funding for abortions, a position Powell said Carter has opposed throughout his public life.
Among the remaining controversial planks to be taken up when the delegates returned to Madison Square Garden at noon EDT were those dealing with solar energy and the MX Missile.
The solar energy plank calls for a commitment “to a federal program for solar or other renewable sources that exceed the federal commitment to synthetic fuels.”
The minority plank on the MX flatly opposes deployment of the missile system favored by Carter.
Powell conceded that Carter faced a tough fight on the MX, but he added that “the president’s position...is clear and not alterable.”
But the potential disputes on the remaining planks seemed anti-climactic after the emotional session Tuesday night when Kennedy delivered one of the memorable speeches in political convention history.
“I am asking you to renew the commitment of the Democratic Party to economic justice,” Kennedy told the delegates. “I am asking you to renew our commitment to a fair and lasting prosperity that can put America back to work.”
He went on to restate many of the issues that dominated his presidential campaign, yielding on none.
But he saved his harshest words for Republican presidential nominee Ronald Reagan, saying the former California governor “has no right to quote Franklin Delano Roosevelt” as he did in his acceptance speech at the GOP convention last month.
Kennedy congratulated Carter on his victory and said, “I am confident that the Democratic Party will reunite on the basis of Democratic principles — and that together we will march toward a Democratic victory in November.”
When Kennedy finished, the convention hall exploded in cheers. Delegates waved blue and white signs that read “Kennedy ’80.” Some had scrawled “’84” on the back.
Amidst the tumult on the floor were the political operatives from the Carter and Kennedy camps.
“It became clear as the roll call was about to begin that we weren’t going to win,” Powell said.
The Carter aides called their counterparts in the Kennedy camp. A deal was struck on the economic planks without what one aide called “direct consultation” with the president. They agreed on all but one calling for wage and price controls.
House Speaker Thomas P. O’Neill Jr., presiding officer of the convention, quickly gaveled them through on voice votes and declared the wage and price control plank similarly rejected.
Texas delegates feel good
NEW YORK (AP)- Texas delegates to the Democratic National Convention nominate their presidential candidate today, following a massive outpouring of support for Sen. Edward Kennedy’s unsuccessful bid to unseat President Carter.
“I’m feeling pretty good,” Kennedy delegate Steve Thomas of Austin said Tuesday midway through a placard-waving, chanting demonstration for the senator. “Of course I wish we’d won, but...”
The prolonged demonstration, the convention’s first, came after Kennedy put in an appearance to outline the policies of his failed run for the White House.
Carter forces in the Texas delegation praised his speech and said its tone and a compromise on platform issues may have set the stage for party reunification.
“It sure helped,” former Texas Attorney General John Hill said. He has called for party unity if there is to be any possibility of defeating Republican candidate Ronald Reagan.
“I thought it (Kennedy’s speech) was the best delineation of the differences between two parties I’ve ever heard in my life,” land commissioner Bob Armstrong said.
Billie Carr of Houston, a Kennedy delegate who spoke earlier of the disappointment and bitterness the senator’s supporters felt after losing the "open convention” battle Monday, said she was satisfied by the compromise platform.
“I think this is definitely Kennedy’s night. They (Carter supporters) can’t top this on Thursday night,” she said. “I feel better.”
The vote to include a jobs program in the platform, which Kennedy sup
porters had called a must issue, passed the Texas delegation by 20 votes.
More than two-thirds of the Texas delegation are Carter supporters.
“I’m surviving it,” I.on Darley of Denton said. “Actually, I’m enjoying it.”
All Kennedy delegates were by no means certain to return to Texas and work strongly for the Carter-Mondale ticket.
“I’m working for Texas Democrats,” Patricia Baker of Dallas said during the demonstration, declining to endorse Carter’s nomination which is slated to become official today.
“I’ve heard nothing but good comments about the conduct of the Carter delegates,” louise Caddell of San Antonio said. “We’re very pleased; there’s no other word for it.”
“There’s a lot of disappointment and bitterness,” Ms. Carr said.
Surface water touted as insurance for future
Dick Reeves outlines the Glen Rose, Cow Creek and Edwards aquifers
By ROBERT JOHNSON News editor
If the message didn’t hit home last summer, it hit home Tuesday night--the Glen Rose and Cow Creek formations are not reliable sources of water, and an alternate water source is a must for the future.
That was the message which came out of the third town meeting on water, held at Smithson Valley High. The first two meetings were held last summer.
Because of the time it takes, now is the time to begin looking at an alternate source of water. Dick Reeves of the U.S. Geological Survey said. And Canyon I .ake seems to be the most obvious and attractive source. Reeves and county sanitarian Ed Grist said.
Reeves was only one of several members of a panel that first answered prepared questions, then fielded queries from the audience. Leroy Goodson, Guadalupe-Bianco River Authority director of planning and development; Bill Renner, assistant county attorney; and Fred Stewart, Precinct 3 justice of the peace, joined Reeves and Grist on the panel.
The meeting was organized by a group calling itself Citizens Task Force on Water. Although it sponsored the first two town meetings, the group had not taken an official name until recently, meeting moderator Dan Baker explained.
The group’s goal is to bring information on water to the residents, he explained. The next town meeting, which is tentatively set for October, will examine some proposed solutions to the water problem, Baker added.
Residents of Bulverde, Canyon I .ake and Spring Branch all depend on the Glen Rose and Cow Creek formations for water, Reeves said. Because they are thin structures with limited porosity, they are limited water
See SURFACE, Page IBA
That's moderator Dan Baker behind a diagram of Cibolo Creek