New Braunfels Herald Zeitung (Newspaper) - September 25, 1980, New Braunfels, Texas
* Taylor Communications Inc.
25 cents September 25,1980
Vol. 89 - No. 67 26 Pages — 2 Sections (USPS 377-880)
New Braunfels, Texas
Justice drops its objection to redistrict
By ROBERT JOHNSON Precincts 2 and 3 according to the 1970
News editor census. The plan would shift almost all
of the massive voting Precinct IO The U.S. Department of Justice has (which includes almost all of
withdrawn its objection to Comal Bulverde) from Comm. Charles “Tart”
County’s redistricting plan, clearing Mund’s Precinct 3 to Monroe Wetz’s
the .way for its implementation, at- Precinct 2.
tomey J.C. Reagan said Wednesday. The remainder of the precinct—a
Reagan said he had received word small chunk of land north of Highway
from a Justice Department staff at- 46 and east of U.S. 281—WbUld be
tomey advising him that an earlier transferred to Harry Carpenter's
objection to the plan by the department commissioner Precinct I.
had been withdrawn. The development Under the existing plan, which was
means the plan has been approved, adopted in 1969, Mund’s precinct had
Reagan explained. the greatest percentage of the county
The department’s decision may also population (27 percent), while Wetx’s
clear the way for elections to be held in had the least (21 percent). According
commissioner Precincts I and 3.1 .ast to interpretations of the one-man, one-
February, federal District Judge vote ruling, the difference between the
William Sessions granted a request most and least populous precincts
from the Mexican-American Legal cannot be more than four percent.
Defense and Educational Fund Under the new plan, the four com-
(MALDEF) to enjoin commissioner missioner precincts would have almost
elections from being held according to exactly 25 percent of the population,
the existing boundary lines, which Since new plan corrects the im-
violate the Supreme Court’s “one-man, balance, Reagan said he saw no reason one-vote” ruling handed down in 1968. why the injunction should not be lifted.
Adopted by commissioners in April The injuction has already delayed one
1979, the new plan corrects population contested primary race-the Republican
imbalances between commissioner contest for Precinct I between W.W.
Amacher and Tom Edwards—and will
——-- also delay the general election contests
in Precincts I and 3 (the two slots which are up this year).
Mund, a Democrat, has no Republican opponent, but incumbent Carpenter will face the Amacher-
COMICS...................8A Edwards winner, whenever that
CROSSWORD...............8A election is held.
CLASSIFIED..............9-12A Representing a group of local
PAIP .J -£ citizens since 1978, MALDEF had
unoncrripp.............. ba new coun*y Plan- Com'
hunuaturt...............bm plaining originally that existing
KALEIDOSCOPE..........1,5-6B precinct lines dilute the county
OPINIONS..................4A minority vote through gerryman-
PUBLIC RECORDS...........8A dering, MALDEF had backed a plan
RLI IGIOUS FOCUS 2 4B creating a commissioner precinct with
_ a minority percentage of 70 percent.
WEATHER.................8A See JUSTICE, Page 14A
Espinoza, McClear write-in candidates
Former sheriff’s deputy Julio Espinoza has filed as a write-in candidate for constable Precinct I, and said Wednesday his attempt would be “an uphill fight.”
Espinoza will face incumbent Werner Kiesling for the office Nov. 4.
Gordon Grant McClear has also filed as a write-in for Constable Precinct 4, and will run against Democrat James Ivy.
Riesling’s Sept. 8 request to the Comal County Commissioners Court that the positions of deputy constable and reserve deputy constable be eliminated was cited by Espinoza as “one reason” he decided to run.
Precinct 3 Constable Lawrence
Wehe and Precinct 4 Constable Bob Dagle also signed the request, which resulted in Ute dismissal of four deputies and one reserve deputy.
“I was approached two or three weeks before that happened, but I didn’t want to run at that time. I didn’t have the money, for one thing.
‘‘I don’t agree with the constables’ action. In my opinion, the constable should do his work. They’re responsible for the deputies they hire, not the commissioners.”
Espinoza ran for sheriff in the Democratic primary election in May, and lost to incumbent Walter Fellers by a vote of 2,349 to 557.
The queen of the Comal County Fair and others join in the Grand March before the dance contest
a wrr photos ay jonn zen ref
Although the man seems to enjoy the spinning carnival ride, the child does not share his feelings
Parade big event on Friday
Business will come to a halt and people will line the streets to watch bands, floats, children and their pets march by in the Comal County Fair Parade tomorrow at IO a.in.
Before the main parade will come the children at 9:45, riding decorated bicycles and leading their peLs.
Parade marshal Sheriff Walter Fellers and other county officials will follow the New Braunfels High School Band to start the main parade.
Grand marshal is lifetime resident Brig. Gen. Willard D. Hill, assistant adjutant general of the Texas Army National Guard.
More than 111 entries will be in the parade including some 14 bands.
Danny Scheel, president of the Comal County Fair Association, said that additional entries will be accepted through this evening for the parade.
But these entries will not be eligible for judging for first- second- and third-place trophies, he added.
Scheel also emphasized that parking along San Antonio Street will be blocked off from early morning until after the parade.
Iran strikes oil installations
Iraq claims territory taken
BAGHDAD, Iraq (AP) — Iraq today claimed the capture of 115 square miles of Iranian border territory, including four towns, as Iranian jets hammered Iraqi oil installations near Baghdad and to the north again on the fourth day of the war at the head of the Persian Gulf.
The Iraqi air force retaliated by attacking and heavily damaging six airports and military installations inside Iran, the Baghdad command said. The air war cut off both nations’ oil exports through the Persian Gulf, but the flow from Saudi Arabia and other gulf oil states continued.
The Iraqi command said its troops and tanks seized the Iranian border town of Naftshah today while other Iraqi forces raised the flag over Mehran, 90 miles to the south.
Iraqi troops and armor took Mehran Wednesday after completing the capture of the major Iranian border town of Qasr-e-Shirin, 350 miles southwest of Tehran, taking 351 prisoners and pursuing fleeing Iranian soldiers to Sar-e-Pol-Zahab, about 20 miles inside the border, a communique said.
It said the fall of Sar-e-Pol-Zahab was imminent, and that other forces
were advancing eastward after taking Mehran.
Iran conceded its troops retreated in the Mehran area and said the Iraqis also seized nearby Salehabad. It said the town’s defenders withdrew to the hills.
In the air war, an Iraqi communique said Iranian jets hit the Doura oil refinery on the outskirts of Baghdad today, oil installations and airports in the northern cities of Kirkuk and Mosul and residential areas and economic installations in the northern Kurdish town of Irbil.
The communique claimed Iraqi
ground-to-air missiles and anti-aircraft guns downed 13 Iranian planes, bringing the toll reported by the Iraqis since Monday to 134, almost a third of Iran’s air force.
Iran reported 34 Iranians killed and 134 wounded in Abadan, where the war has knocked out the big Iranian oil refinery; the nearby port of Khorramshahr, and Ahwaz, capital of Khuzestan province 80 miles to the north, but it said the toll in Abadan die not include casualties among personae of the National Iranian Oil Co.See IRAQ, Page 14
tUcofUm Center Comp, *• u* Box 451f36 callas, 'JJexao 75235Vetter 'swears' he signed deputy request
By HENRY KRAUSSE Staff writer
Precinct 2 Constable Kermit Vetter said Wednesday he would “swear on a stack of bibles” he signed a request for a deputy constable back in January 1977.
That request is missing from county records, according to County Auditor H. Bate Bond. A written request is needed to legally establish the deputies, but the law is not clear whether it should be a sworn statement, Bill Reimer, assistant county attorney, said Wednesday.
“I know such a written application existed. It
was not a sworn one. If they can’t find a copy, that’s their problem,” Vetter said.
Since Vetter did not join the county’s three other constables in asking Commissioners Court to eliminate the deputy positions Sept. 8, his deputy, Al Herbrich, was not affected by the decision. Commissioners can ratify a decision by a constable to dismiss his deputy, but they can’t fire one on their own.
However, because the original paperwork setting up the deputies cannot be found (and Bond has doubts it ever even existed), none of the deputies, it seems, were ever legally established.
“I don’t have a copy, but I know we signed it. We all went in as a group,” Vetter said.
“There’s no question as to whether they were deputy constables. But the original appointment has to be done in a prescribed manner. I’m convinced he (Herbrich) was not,” Bond said Thursday.
Herbrich said Wednesday he had a card signed by Irene Nuhn, county clerk, after she swore him in as a reserve deputy constable. He became a full deputy in 1979 with the other reserve deputy constables after taking courses and becoming certified for the position.
“The county reimbursed us the $90 for the
class,” Herbrich said. He has been in touch with an attorney and is considering legal action, he added.
“There’s no such thing as a ‘de facto’ deputy constable,” Reimer said. “If, through some error in their appointment, they don’t meet all the criteria of the law, they are not legally established. The law is specific on this, and it creates a situation I haven’t seen in any other office.”
When the commissioners voted to eliminate the deputy constable position, no mention was made of Herbrich’s status as an exception. Bond said Tuesday he was aware of it because
he had contacted the attorney general’s office before the meeting.
Reimer said he could not comment if the commissioners knew their action could not apply to Herbrich.
“I can’t read their minds. They were probably fairly lucky the way it turned out. Apparently there are no real problems. On paper they shouldn’t have dismissed him, but since he wasn’t a deputy constable — if the information I have is correct — then the point is moot,” Reimer said.
See VETTER, Pagel4A