The Marshall News Messenger from Marshall, Texas • 1

rml IT 77 TJ 1 77 Collins. Seeks Suit Here ectio By KAY READ News kfesaeajer Writer An attempt to join in the federal court suit of Hubbard et al vs. Ammerman et al has been filed. James S. Collins, the lCknonth long contender fx the office of county Judge, filed motion Friday afternoon in U.S.

District Court here requesting permission to intervene in the Roy Hubbard suit filed last September by his supporters. The plea, which will not be considered unless VS. Dtst. Judge William Wayne Justice grants permission to file the paper, attempts to join Collins in the suit would order Collins' name on the ballot of a special genera election as the Democratic nominee fur the position of Harrison County Judge. Collins said in a prepared statement this weekend that he enters federal court as his only recourse "with thanks that there is a federal Judiciary that stands ready to examine the possible violation of the rights and will of the people." He pointed out mat the judgment by 71st -Dist Judge John D.

Furrh, which was knocked down last week by the Texar-kana Court of Civil Appeals, declared him the primary election winner "on the -actual count of the honest votes cast," "However, under Texas law, if the trial is not completed before the general election date the question becomes moot, or in layman's terms, useless or void by technicality. The Texarkana court entered its final opinion declaring mis question on appeal to be moot," be said. The plea of intervention requests that County Clerk Glenn link certify Collins's name as the Democratic nominee on all appropriate papers that fltrtk effldali take all steps necessary to hold a general election with Collins' name on the ballot; mat the election board provide all election supplies and declare a winner following the election; that all costs, be taxed against the defendants. The 18-page writing complains of delay by the appellate court in Texarkana during the two separate appeals of the election contest suit from two Judgments in 71st District Court. CoQinS' filed motions to advance the appeals to be heard prior to other suits.

Several weeks lapsed each time before the court considered the motions, the plea stated. n- "It (the appellate court) did not even follow the provisions of the Texas Election Code with respect to giving roe case precedence over all others on its docket, and disposing of it," the plea said. The writing contends that prior to completing its opinion last week, the Texarkana court did not read all appropriate provisions and interpretations of federal law. The appellate opinion cited federal statutes and claimed Justice has no Jurisdiction in this election suit and that if appropriately presented by the United States Attorney General before a federal court, the suit would have to be considered by a three-Judge panel If Justice grants the motion to file the plea of intervention, he then would set a hearing for attorneys to Collins and County Judge Jim Ammerman to debate the allegations. Justice entered an order of a temporary injunction, at the request of Coffins' supporters, in September Which prohibited election officials from placing the name of any candidate for county Judge on the November Election ballots and then that injunction in October, at the request of Ammerman 's attorneys.

The appellate court last week ordered dismissal of the election suit on Furrh's docket Ammerman, according to law, wiQ remain in office until a successor is qualified. mi kcu jujiucai irora Jusu.ce wnicn lo Intervene In Mil Cypress Valley I -mCANCER I SOCIETY 72 Pases 94th YGar 233 Membr AtldiBurtiu of Clrculitkm Marshall, TiexasrSundayrMarch I4ri971 I nji i lexasi I -v If i' Well trained SAIGON (AP) South Vietnamese iorces began Saturday what their officers called the third and final phase of the campaign in Laos, a push along a major branch of the Ho Chi Minn trail southeast ofSepone. Field reports said the government units ran into only light resistance in the initial stages of their move along Highway 914 from positions near Sepone, 25 miles inside Laos, to areas to the south and east nearer the Vietnamese border. Field officers said the main portion of -the Laos operation will end in about two weeks, although troops will be kept in border areas for quick strikes at enemy supply movements or force buildups. It appeared obvious that the South Vietnamese considered they "had "ac--complished much of their objective of disrupting enemy supply lines and destroying or capturing dumps of munitions and food.

They were taking no chances on getting cut off deep in Laos away from their own lines of supply and without VS. air support in the approaching rainy season. Field officers at the forward command post of Ham Nghi told correspondents that present plans call for South Vietnamese forces to" pull back near the border by the end of this month. They said rain and fog that will move in after that period will make air support difficult if not impossible. One hish officer said the operation in Laos will evolve along lines similar to If TransfenAsked PALESTINE (AP) The Texas State Railroad would be transferred to the Parks and Wildlife Commission under a bill introduced in the Texas Senate by Sen.

Charles Wilson of LufUn. The bill provides that "subject to the adoption of a formal resolution of transfer by the Texas Parks and Wildlife Commission and after the effective date of the act the board of managers 01 me Texas siaie nauroaa shall cease to exist as a state agency and the Parks and Wildlife Commission shall assume all of the powers, duties and authority heretofore granted to the board." Conference Set DALLAS (AP) U.S. District Judge Joe Estes has set a pretrial conference for next Friday in the suit brought by the Southern. Christian Leadership Conference and others to block the April 8 city election until the city redistricts under 1970 census figures. In an order issued Saturday, Estes said the conference will consider "questions concerning Jurisdiction, pleadings, parties and any pending motions." Schaefer Appeals SAN ANTONIO (AP) Wil Schaefer says he will appeal both within the church and in civil courts a decision by a Methodist Church court to strip him of his credentials as a minister.

The 13-minlster Jury found him guilty Friday of charges of immorality, disobedience of church law and unministerlal conduct. You'll Find MB 7C 4A 3D 3D 3D 2A MB 1-7C 3D 7D Classified DearAbby 'Editorials Goren On Bridge How To Keep Well Jeane Dixon News Of People Sports Women's News Puzzle AgNews A Birmingham, fireman recoils from the pressure of a misdirected hose as the formerly all-black Oliver High School burns to the ground. The school was abandoned last fall under federal court desegregation orders. Someone else turned on the hose as firemen holding the hose were aiming. Drug Study Grant Denied S' Gov.

Smith Rejects Final Edition like we have been doing in Cambodia," he said, "but well stay close to the border." Of fleers Ttathen of South Vietnam's 1st Infantry Division had pulled back from Fire Base Sophia, 24 miles inside Laos and three miles southeast of Sepone. Enemy gunners were said to have had Sophia zeroed in, and a SOOtound rocket and mortar attack Thursday knocked out several of the South Vietnamese unit's weapons. The infantrymen spiked six damaged artillery pieces before they walked out of the base to areas mote than a mile away, where they were picked up by helicopters. South Vietnamese headquarters In Saigon said mere still are government troops in the vicinity of Sepone, but added there had been some tactical movement of troops, Sepone was a main enemy trans shipment point en the Ho Chi Minn trail. It -b taken toy govarnmsit troop -wik ago in their fartherest push wrest.

Brig. Gen. Pham Van Phu, commander of the 1st Infantry Division, told reporters his forces had destroyed a large part of the enemy's major logistical unit in the Laos panhandle. Phu identified it as the 559th logistics command, a force responsible for operating the supply network In southern Laos. 'I 'J Af rtwtt Tornadoes It was 1 am.

before the last tornado watch, covering Marion, Harrison and Panola counties, expired. The long-range forecast for Marshall and Northeast Texas calls for clearing and cooler Monday. Fair Tuesday and Wednesday. Warmer Wednesday. The high is expected to be in the upper 50s and lower 60s Monday, rising to the 70a Wednesday.

The low is expected to be in the lower 30s and 40s. Another watch lasted until midnight in Southeast Texas for. eight counties Polk, Angelina, San Augustine, Tyler, Sabine, Jasper, Newton and Hardin. Pinecrest Pharmacy Open All Day Today. EWm (Ad) Funds For JO Cm Sunday cent oHy Seven Sections earlier South Vietnamese thrusts into Cambodia.

We will move back and forth into Laos Richard Duncan Killed In Wreck Richard (Dick) Randolph Duncan, 19, son of Mr. and Mrs. Bobby Joe Duncan of Marshall, was killed about 7:35 pjn. Saturday in a one-car accident two miles east of Hallsville. The Duncan youth was pronounced dead at the scene by Justice of the Peace Robert Woods.

According to investigating officers -Duncan lost control of his small foreign car, went off the right side of the highway, struck a culvert and overturned several times. He was thrown some 25 to 30 feet from the vehicle. Duncan was westbound, reportedly en route to Sherman where he attended Austin College, when the accident occurred. He was alone in the car at the time of the accident Other survivors Include his grandparents, Mr. and Mrs.

Duncan of Marshall; one sister, Denise Duncan of Marshall; and two brothers, Danny Duncan and David Duncan, both of Marshall. Funeral arrangements are pending with the Cothron-Blalack and Huffman Funeral Home. least five other homes suffered heavy damage. There was property loss but no word of injuries in rural areas and the communities of Midway and Leary in the same vicinity. Another twister wrecked the farm home of XL.

Owens about five miles west of Sherman. She and her five children huddled in the basement and escaped injury. Still other tornadoes in the Sherman-Denison area demolished the Carmel Baptist Church and damaged a house between Gunter and Tioga, wrecked a farm house and a barn near Howe, and spun menacingly over an area 10 to 15 miles southeast of Sherman. w' 4 ft AP Photo Gov. Preston Smith dropped a bombshell on the group when he told them that he was forming a subcommittee to make a thorough examination of how it is doling out money.

Smith said he had confidence in the group and in its past actions, but added "the size of the grants you are making demands that we look to the future for ways of improving the programs." "It Is imperative that the funds be administered and accounted for in such a manner; as to deserve the public confidence and support," he said. Dan Petty, head of the Governor's Division of Planning and Coordination, said the Governor has become disturbed at criticisms of similar organizations in other states, and wants to make sure it doesn't happen in Texas. "This program has grown from a total budget of a few hundred thousand dollars a year to nearly $30 million for next year," Petty said. The council showed it bad been listening to the governor by promptly turning down four applications for grants. Similar grants, to add staff to some local policing agencies and to provide for a study of drugs, have been condemned for some time by a minority of the council as "not what Congress wanted us to do with this money." But until the governor's speech, attempts Ur stop thr grants-bad teen unsuccessful.

Touch Of A touch of spring came to East Texas Saturday with clear skies and warm sunshine after a night in which tornadoes and thunderstorms killed at least one man and caused heavy property damage in Northeast Texas. Tornadoes too numerous for accurate count spun over parts of North, Central and East Texas during Friday night, keeping residents of some areas uneasy -into early morning. The tornadoes struck their deadliest blows in the northeast corner of the state, slashing destructively Into Daniel's Cha-. pel five miles northwest of New Boston, "Insure and Be Sure" Rosborough Byrne Insurance and Real Estate. News Messenger Austin Bureau AUSTIN The Texas Criminal Justice Council, in a reverse of normal procedure, turned down a request from the East Texas Council of Governments at Kilgore for a 116,400 grant to survey the drug abuse problem among high school students in the 14-county area.

The survey would have been made of school children in Anderson, Camp, Cherokee, Gregg, Harrison, Henderson, Panola, Rusk, Smith, Upshur, Van Zandt, Wood, Marion and Rains counties. tff photo LLLmm ii Om killed at Daniels' Chapel This was the home of Jesse Lee Sanford of were injured, eight homes destroyed and 15 Daniels' Chapel Community, who was killed others damaged when the storm struck five when a tornado leveled his home. Four others miles northwest of New Boston, 1'iimi Spring Follows Deadly and then into Malta, five miles southwest of Daniel's Chapel. Jessie Lee Sanford of Daniels Chapel was crushed to death as his home collapsed around him. His wife, Juanlta, and their daughter, Renee, 3, were injured but managed to escape alive.

Mm. Leslie Wilson, caught out of doors, suffered injuries as she was 200 yards to a neighbor's house at Daniel's Chapel. Two children with her escaped harm. Their house was also destroyed. At Malta, Paul Edwards, 20, received a severe head injury as the tornado crushed the home of his parents.

His father, Homer Edwards, was spun around in a pickup truck 20 feet from the dwelling and he said, "The house Just exploded." At Lions Loonies lovelies The duo of Sharon Wedgeworth, left, of Hallsville, and Shay White of Marshall are among 35 acts In the annual Marshall Lions Club Loonies to be staged here Wednesday through Saturday. The girls will sing "This Girl's In Love Wlib You." See story and page 1-C..