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HomeMy WebLinkAbout1970 A&M Employees on City Council Named in Suit I Wednesday, June 24, 1970 HOUSTON CHRONICLE Section 1, Page 9 A &M Employes On City Council Named - in Suit Chronicle News Services College Station — Twenty - five residents of College Sta- tion have filed suit in an Aus- tin district court, asking that state comptroller R. S. Cal- vert be enjoined from paying the iiaries of six employes ,n Texas A &M University as long as they are also serving as elected members of the city council. Named as defendents are Mayor D. A. (Andy) Ander- son, Mayor Pro -Tem Clifford H. Ransdell, and Councilmen J. H. Dozier, Cecil B. Ryan, Joseph J. McGraw and Dan R. Davis, in addition to Cal- vert. ' A. P. Boyett Jr., spokes- m,an for the plaintiffs, Tues- day said that he believed that allowing state employees to hold another position of "hon- or, trust, and integrity" was in conflict with the state Con- stitution. Asked why the citizen's group file the suit at this time, Boyett replied: "The council has gotten to the point where it is dominat- ed so thoroughly by the uni- versity that local residents and local businessmen now feel that they only have one representative on the coun- cil." He said he was referring to Bill Cooley, the only council- man not named in the suit. Cooley is not employed by the university. He added that too often de- cisions made by the council were net in the best interest of the taxpayer but in the in- terest of the university. "Now I'm not charging that the council is influenced that. much by A &M, but I think there's no question that it could be influenced by the University." The question, he continued, is not whether the defendents should serve on the council or not, but if they do serve, shall they be paid by the state. Warm, cloudy, humid Thursday mostly cloudy. Friday afternoon rainshowers. Southerly winds 10 -15 mph. High 88 de- grees, low 72 degrees. Outlook for the weekend partly cloudy, thundershowers Saturday, cooler Sunday. Vednesday, June 24, 1970 Telephone 843.2226 (Residents sue CS 0 in councilmen Austin court Twenty -five residents of Col- lege Station filed suit Friday in an Austin district court against six city council members asking that State Comptroller R. S. Cal- vert be enjoined from paying their salaries as employees of Texas A &M as long as they are also serving as elected members of the council. The defendants are Mayor D. A. (Andy) Anderson, Mayor Pro Tem Clifford H. Ransdell, and councilmen Cecil B. Ryan, J. H. Dozier, Dan R. Davis, and Joseph J. McGraw, in addition to Calvert. The plaintiffs in the suit are A. P. Boyett Sr., A. P. Boyett Jr., Natalie E. Boyett, Lynda Wilson, W. D. Fitch, W. D. Howard, Lula Howard, Pat Callahan, Ed Garner, Allie Garner, John W. Buttery, Harriet J. Buttery. Also, George H. Boyett, John- nie I. Junek, Dorothy C. Junek, Neil P. Ward, Joe A. Ferreri, L. M. Gunter, Virginia Gunter, Mrs. C. H. Godfrey, Larry Godfrey, E. W. Sayers, Dr. Joe R. Parker, Mrs. Joe R. Parker and B. R. Craig Jr. A. P. Boyett Jr. said that he believed that allowing state em- ployees to hold another position of "honor, trust, and integrity" was in conflict with the state Boyett said the citizen's group filed the suit at this time because "the council has gotten to the point where it is dominated so thoroughly by the university that the. local resident and local busi- nessman now feels that he has only one representative of the council." He said he was referring to Bill Cooley, the only councilman not named in the suit. He added that too often de- cisions made by the council were not in the best interest of the taxpayer but in the interest of the university. "I'm not charging that the council is influenced that much by A &M, but I think there's no question that it could be influ- enced by the university." The question is not whether the defendants should serve on the council or not, he continued, but if they do serve, shall they be paid by the state? Boyett said he interpreted the constitution as meaning that if state employees are serving in another governmental capacity, they may not draw any compen- sation from the state. "All we're asking for is a judi- cial determination one way or another," Boyett was quoted as saying in the Eagle. The Austin law firm of Patman and Patman filed the suit. C. H. Ransdell had no comment this morning concerning the law suits and the other councilmen could not be reached for comment. T o in Gisenschlag, assistant city attorney, told the Battalion this morning that he had been contacted, but he doesn't know if he will represent the councilmen. "I really don't know if I will represent the council members) on this since the suit isn't against the city, but the indi- vidual councilmen," Gisenschlag said. He said his first move will be to delve into the law and deter- mine the merits of the case. "It might turn on the fact that these council members aren't paid for this they h o 1 d two state jobs, but are only paid for one of them. Until I can dig into this, I don't think anyone can make an intelligent statement on it," Gisenschlag said . DAILY EAGLE i Bryan-College Station, Texas Thursday, June 25, 19 10 Page 10 Cents 'CS Inn Chief Sorry, To Pull Out of Suit By FRANK GRIFFIS Eagle Staff Writer One of the 25 plaintiffs in the lawsuit against six members of the College Station city council issued a public apology today and said he has begun action to remove his name from the legal petition. Joe H. Ferreri, manager of the Ramada Inn, said he signed a "petition" — not a suit. "The so- called petition I was asked to sign was not presented to me as a suit but only as a request for more businessmen orr the council. This I do agree with and I have voiced my opinion on this to several members of the council," Ferreri said in a written statement. The suit was filed Friday in an Austin district court by A. P. Boyett Sr. and 24 others. Boyett, a College Station lan- downer, served on the council from 1951 to 1968 when he was defeated by T. R. Holleman who died during his term. The suit asks that State. Comptroller Robert S. Calvert be enjoined from paying the salaries of A &M employes as long as they serve on the council. 0 Boyett's son, A. P. Boyett Jr., apartment owner justice of the peace and a plaintiff declared council decisions too often favor the university over the tax- payer. Ferreri said today to publicly discredit the present city councilmen, "who have worked many long and trying hours at a sometimes thankless job" is unfair and unjust. He said several of the other plaintiffs said they didn't realie they were signing a suit against the councilmen. "I know the damage has been great — every member of the council is a personal friend of mine and there are r�j@ny people who are influenced`Into signing or agreeing with an issue just because someone they know signed a petition," Ferreri said. He added that he did not want it to happen in this matter. know who would accept a job as councilman? After working eight hours a day at the university — would you be willing to spend another eight hours, or more, solving the problems of a community?" Ferreri asked. "What kind of a community would College Station be without the university? Most of our professors came here to teach — now they are also serving . as servants of the public," Ferreri said. "Do any of us have the right to ask these people to give their time without compensation. Just be thankful we have intelligent people who are willing to do this job," Ferreri concluded. Mayor D. A. (Andy) Anderson denied Boyett Jr.'s statements "emphatically" Wednesday. "As to the university, it falls within the city and it is essential that cooperation exist (Sele FERRERI, Page 2) Ferreri Pulls Out of Lawsuit (Continued from Page 1) between the city and the university and I shall contiftut with such cooperation," An. derson said. "There is no basis for the inference that council members are influenced by the university. There is not one single shred of evidence to support such a "As to tht suit, this can best be left to judicial determinaion. I do blow that previous at- torneys general have ruled on the validity of councilmen serving in the capacity that I now serve," Anderson said. In addition to Calvert, tht d e f e n d a n t s Art Anderson, Mayor Pro Tem C. H. Ransdeil And Councilmen James H. Dozier, Cecil B. Ryan, Joseph J. McGraw and Dan R. Davis. Boyett said the suit is based on a state constitutional Provision which prohibits the comptroller from paying the Salary of a state employee who "holds at the same time Any other office or position of honor, trust or profit," except as prescribed in the state con. atitution. CS Council Sets Special Meeting The College Station City Council has set a special meeting at 7 p.m. Friday to hold a public hearing on the 1970 -71 city budget and other business. J�WAPPRECIATION EXPRESSED by D.A. ANDERSON,MAYOR 1 . Members of the College Station City Council who are being sued in District Court in Travis County by A.P. Boyett, Sr. and others, j wish to express their app- reciation to the many cit- izens of College Stationfor their broad support as ex- pressed in person, by let- ters, and the newspaper media. We wish to assure the citizens that we will not back down on the principle t involved in this suit. We are confident that we are right and will invoke within our means, all judicial re- medies to accomplish a just t result. We firmly believe that right will prevail. We are aware that much i is at stake in the decision i to be reached. It will have f state -wide impaot in many t city governments and sch- ool boards. In our own city, even our appointive comm- t issions, boards, and com- mittees are involved, inso- far as Universitv emnlov- ees are concerned. Should the District Court rule in favor of A.P. Boy - ett, Sr., and others who oined with him, it would mean that the vast majority oA the citizens of this city who workfor the University would be disenfranchised from their right to hold I office or would be unable to serve the city in an appointive position. It would further mean that he majority of the citizens of our city would be de- prived of their right to sel- ect a Council and Mayor of their choosing. This hesis we do not accept. We wish to advise the general public that we are n the process of employ - ng legal counczel, and in a ew days we will have a fur - her announcement in re- gard to this proceeding. Again, we wish to thank hose citizens who have ex- pressed their continuing support of our efforts. CS W . as A­ c Rio S ui t The Austin lawsuit has CS Win Class Action Suit initiated a controversy that will By KATE THOMAS cause a disruption in the city's business affairs and heavily Eagle Staff {V riter influence the city's ability t Continued from page 1 Their suit is based on the obtain p ermanent financing for Judge W. C. (Bill'.) Davis of overruled, the judge stated, same constitutional provision needed public facilities now p and Y the 85th District C >ourt today because he finds no assurance ruled on here b Judg e Davis. in the future the ruled in favor of tthe -City of questions the city The trial date set in that judge held. that the College Station in its class q �' at case He found that approximately action suit and recquest for a wishes answered in its class is next Wednesday in Austin. 54 per cent of the qualified declatory judgement:. action suit will be resolved in Judge Davis, however, stated voters in College Station are The judge ruled Mat members the Travis County lawsuit. that it was not his intention to either employed or are mem- of the faculty, stafif and other Boyett and 23 other College resolve the issue presented in bers of families employed at employes of Texas A &M Station citizens have filed suit Travis County. Texas A &M or are students. University are not- "officers, against the state seeking an The suit there seeks no He found further that the agents or appointees" of the injunction to keep declara. him comp- , ry judgment against administration has not sought state within the meaning of the troller, from paying the other A &M employes who may to interfere or influence the city Article 16, Sect. 33 of the state salaries of six A &M employes seek office, whether elective or council or obtain favors. constitution. who are College Station council appointive in the future, Judge The faculty, staff and em- He held that A &1112 employes members. Davis ruled . ployes of A &M do not formulate laws, or collect either taxes or are not barred frsom holding He notes a motion to keep j revenues of the state, the judge elective or non - elective offices the city from intervening in the in the City of Colilege Station 'Austin suit was overruled but ' l have the authority to acquire ruled. Nor do they, he says, so long as they recseive no pay that Boyett and the attorney, or purchase property for the and are entitled to rveceive their I general took exception to the I University or have custody of salaries-as employees of A &M. ruling and that it apppeared the I public funds. In the event than it should two are resisting the right of It is, consequently, his be held the constituutional sec- the city to intervene in Aus tin. decision that the decision be tion does apply to A &b'I em- , ployes, Judge D ruled the binding for the future all section unconsititutisonal and in the citizens College Station violation of the first and 14th and the State of Texas as amendments to the U.S. Con- to any y future controversy about the qualifications of A &bI' stitution. employes seeking office in Such a broad comstrueflon of College Station. the Texas Constituition would result in discrimi.snation and disqualification of psersons from seeking nonpaying municipal office, as would be a person's rights as a U.S. citizen, the judge reasoned. He held the city Thad a right to maintain an acction for a declaratory judgmemt pleas in abatement entered by chief defendant A. P. Boyyett and the a t t o r n e y general were (See CS WINS, I?age 6A) NIA -tin � Says CS Sue for C ncill The City of College Station is constitutionally prohibited from using municipal funds in its legal battle in behalf of six councilmen, Texas Atty. Gen. Crawford Martin says. Martin has 'filed a plea in abatement, plea to jurisdiction, original answer and opposition to motion for change of venue and consolidation in the 85th District Court here in response to a suit filed by the City of College Station. The city also has filed a asks Judge W. C. (Bill) Davis to declare that Section 33, Article 16 of the constitution does not mean a councilman who is employed by Texas A &M may not receive pay from the state. .The city also, has filed a motion here and in the 53rd District Court 'n Austin requesting the suit filed against S t a t e Comptroller Robert Calvert and the council mem- bers by A. P. Boyett and 23 of the College Station residegts be transferred here. The attorney general opposes the venue change. The College Station group contends in the Austin suit it is a violation of the state con- stitution for anyone to hold more than one position of honor, trust or profit. All six council members are Texas A &M employes. Martin was named as a defendant in the city's class action suit. He alleges that under the court decisions of this state, venue for suits against the state 11 9 an�� en is in Travis County and there p is no exception. "The motion of the city, if granted, would deprive the comptroller and the state of his venue rights," the petition states. Martin contends it does not appear from the pleadings there is a justiciable controversy between the City of College Station and any parties defendant with regard to any issue affecting the status of city. He says the city does not have standing to assist, abet or act on behalf of private indivi- duals with regards to issues a. rising out of their individual employment. "The judgement sought by the city would be purely advisory See ATTORNEY, Page 7 Attorney Continued from Page 1 and beyond the jurisdiction of this court," the petition states. He asks the case be dismissed for want of jurisdiction. In a plea in abatement, Martin says the action filed by he city presents no issue not urrently before the court in avis County and for this eason should be abated. lie notes that the action in ustin does not question hether or not the council members are qualified nor does it seek to remove them. Martin alleges the only defendant in the action pending in Travis County against whom relief is requested in Calvert. The action seeks to enjoin Calvert from issuing warrants upon the state treasury and is an action against the state, according to Martin. The case in Austin has been set Sept. 30. Judge Davis has set Sept. 8 as the time he will hear the suit filed here. SS ty lawsuit The City of College Station will be able to intervene in the suit filed in Austin against the state comptroller and six College Station city council members. Judge Herman Jones of 53rd District Court in Travis County has overruled requests by chief plaintiff A. P. Boyett Sr. and defendant Robert S. Calvert to stop the intervention, the Eagle learned today. A hearing on the motions had been set for 2 p.m. today, but the ruling was made Tuesday. Judge W. C. (BPl) Davis of the 8 5 t h District Court here received word of the ruling Wednesday, he said. As a result, he said, he in- tends to give a ruling soon on the class action suit filed in nis court by the city and heard last week. The legal battle began when Boyett and 23 other College Station residents filed a suit in June asking that the state comptroller be enjoined from issuing paychecks to the six city council members who are employed by Texas A &M. The plaintiffs based their suit on a state constitutional provision forbidding anyone from holding more than one office of "emolument." The City of College Station intervened, in contending its interests are at stake since the majority of potential city council candidates are ,A &M employes and would be affected by the decision. The class action suit was filed in Bryan after Boyett and his group had made the motion to knock out the city's intervention in the Austin case. . In the local suit, the city has asked Judge Davis for a judgment declaring that the constitutional provision in question does not mean that an A &M employe may not serve on the city council and continue to draw pay from the state. %,;udge Action ��ustin Delays in CS Suit By KATE THOMAS Eagle Staff Writer q 'AUSTIN —A district judge decided today to stay action in the suit against six . College Station city councilmen and the state comptroller until a Houston court hears appeals from a decision by 85th District Court Judge W.C. Davis of Bryan. Judge Herman Jones of 53rd District Court said he did not want to get into a "clog fight" with Judge Davis, who decided Sept. 23 in favor of College Station in its class action suit and request for a declaratory judgment. Judge Davis ruled that members of the faculty and staff and other employes of Texas A &M are not barred by the state constitution from holding offices in College Sta- tion while drawing state pay. The Austin suit was filed earlier by A.P. Boyett Sr. and 21 other city residents who seek an injunction to keep the state comptroller from paying the salaries of six A &M employes who are College Station city council members. Appeals of Judge Davis' decision have been filed in the First Court of Appeals in Houston, and Judge Jones said he does not want to be put in a position of acting as an ap- pellate court for another district judge. Although he said it would be an imposition on the plaintiff — because it may take two years for the Houston court to hear the appeal —he said he was more concerned with "the image in the eyes of the people" concerning the propriety of having a case decided in two district courts and possibly two civil appeallate courts. Judge Jones said the only reason he could see to proceed in the case would be that "my pride and ego have been hurt is that another judge has beaten me to the draw." Elmer and Phillip Patman, lawyers representing Boyett's group, contended the class - action suit decided in Bryan did not name the comptroller as a party, and thus could not be binding on him. Councilman Jim Dozier, arguing for himself and his five colleagues, said that if the comptroller had been named, he would have been represented by the attorney general, who was named a party to the local suit. Judg ec nsiders; Will Hear CS Suit .By KATE THOMAS .Eagle Staff Writer An Austin judge has reversed his earlier decision and decided to procec;d with the snit agau�.A the .;tate comptroller and six College Station City Council members who are Texas A &M employes. Judge Herman Jones of the 53rd District Court in Travis County told The Eagle Saturday he thought it was his duty to go ahead despite the fact that the judge in Brazos County had moved "a little speedily." Judge Jones announced his decision after a hearing Thursday. The trial has been set for 10 a.m. Nov. 11 in Austin. The Austin suit was filed last June by A. P. Boyett and more than 20 other College Station residents, beginning a legal battle which has found its way to three courts. The suit asks that the state comptroller be eyjoined from issuing Texas A &M paychecks to the six council members. The plaintiffs base their suit on a state constitutional provision which they contend prohibits the comptroller from paying the salary of a state employee who holds at the same time any other office or position of honor, trust or profit. After the Austin case was initiated, the City of College Station filed a class action suit in 85th District Court in Bryan, contending the Austin suit was having an adverse affect on the city and that it affected a majority of citizens who were not represented in the Austin suit. Judge W. C. (Bill) Davis ruled in favor of the city on Sept. 23. He held members of the faculty and staff and other A &M employes are not within the definition of the con- stitutional provision cited. He further declared the section of the Texas Constitution unconstitutional under the U.S Constitution should it be found valid. His ruling has been appealed by Boyett and the other plaintiffs and the attorney general to the First Court of Civil Appeals in Houston. On Sept. 30, Judge Jores decided not to hold the trial in Austin until the appellate court had reached n decision. See AUSTIN Page 2 :ob . ..i,.. Over 35,000 Readers Daily Vol. 95 — No. 113 c,,,,.e 1 97r% Bryan- Coller Texas _,� Friday, Nov. 13, 1970 14 Pages Want Ads Dial 522 -3707 10 Cent! CS Councilmen -Profs Ruling Hits By KATE THOMAS .Eagle Staff Writer AUSTIN —In a ruling which may have statewide significance, Judge Herman Jones of 53rd District Court decided Thursday that five Texas A &M professors may not collect pay from the state so long as they serve on the College Station City Council. Judge Jones said he had read everything he could find on the subject and the earliest opinion Can't Be Paid Dozier, M Davis, Ryan, Ransdell had been written in 1913. It was his understanding the p o l i c y clearly established college professors as appointees of the state and this policy was apparently acquiesed to by institutions for 50 years. "It would seem extravagant for this court to hold this opinion wrong," Judge Jones said. Members of city councils also clearly come under the latter part of Art. 16 Sec. 33 of the Texas Constitution, the judge said The constitutional section was the basis of the suit, filed last June by former City Coun- cilman A. P. Boyett Sr. and more than 20 other College Station residents against Mayor D. A. (Andy) Anderson, City Councilmen Dan Davis, Joe McGraw, Cecil Ryan, James Dozier and C. H. Ransdell, and State Comptroller Robert S. Calvert. Bo asked for an injunction forbidding the comptroller to issue warrants to the six, and that is what he will get, except that it won't apply to Mayor Anderson's pay and to only a portion of Davis! pay who is partly paid by Texas Tran- sportatiod Institute. The judge dismissed Anderson as a defendant because he receives a paycheck from the Texas Forest Service rather than a state warrant. Forest Service funds come from the federal government. The ruling puts Dozier, McGraw, Ransdell, Ryan and Davis in a difficult position. If they continue in their pests at both the city and A &M, their state pay will be cut off as soon as an injunction goes into effect. If they resign from the city council, they lose iheir right to appeal the case and Bovett and the other plaintiffs will have won. They have the alternative of posting a supersedeas bond while the case is being ap. pealed. However, attorney Frant Harmon of Houston, who ha, represented the city's interest; in the case, and Dozier, at torney for the six individua. defendants, told Judge Jones ii was doubtful the defendant; would be able to post the bond. Another possibility is tha' they could be paid with loca . funds— tuition, for example money that never passe! through the state treasury See CS COUNCILMEN, Page 1 CS Councilmen - A . Can't Get Paid during the appeal. Judge .zones pointed out his decision does not apply to local funds. The five defendants must decide what they will do before a judgment is entered and a bond hearing is held in Austin. The next payday for the five is Dec. 1. The injunction will not go into effect until attorneys for the plaintiff, Elmer and Philip Patman of Austin, write a Continued from Page 1 judgment and the other at- torneys review it. Harmon argued, without ef- fect, that the court has the pow- er in exceptional cases to issue a conditional decree. When the judgment becomes final, he said, there would be no need; for an injunction. "The city is just as anxious to get this settled," he said. It was obvious, too, Harmon said the case will go to the Texas Supreme Court before it is settled. He added he didn't think that would take more than six to eight months. Jones agreed the case was unique, but added he considered it a dereliction of duty to wink at it for a year and a half until a final decision was reached. In response Harmon argued the state comptroller had been issuing warrants under the same circumstances for more than 30 years, and the resignation of five members of the city council will cripple the city's operation. The other side of the coin, the judge replied, would be chat if his decision is upheld the council members might have to pay back the salary they had received in the meantime. No effort had been made in the past by the comptroller to collect back salary, Harmon contended. In connection with his contention, Marmon at- tempted to enter as part of a bill of exceptions, a law review article quoting the state comp- troller to that effect. W. O. Schultz, assistant at- S t a t e Comptroller Robert Calvert also a defendant, ob- jected, saying it had not been proved up. Harmon asked if Calvert could be called in to testify, but Schultz again objected, saying Harmon had had two weeks to ask the comptroller to be there and hadn't. Judge Jones agreed, saying the request had come too late in the trial. Harmon suid he felt sure it would be found the constitution- al section was obviously discriminatory, since Jones ruled it does not apply to An- derson. "You can hold both positions but because you get paid by state warrants, you can't get paid. This is discrimination without basis or logic." The judge replied he thought the "sovereign" could place limitations on the way stat money is spent. On the face Judge Jones decision appears to conflict wi one reached by 85th District Court Judge W. C. (Bill) Davis who held A &M professors were not agents, appointees or of- ficers of the state. His ruling, however, was applied to persons who might in the future be in the same position and specifically did not apply to the six defendants. The class action suit was filed by the City of College Station after the suit was filed in Austin. The city attempted to intervene in the Travis County sui , but the plaintiffs objected. The city contended the lawsuit was having an adverse affect on city business and tailed into question the eligibility of a large segment of the population to serve in elected municipal office. Davis' ruling has been ap- pealed to the First Court of Civil Appeals in Houston by both the Boyett group and the attorney general. Harmon said Wednesday during the trial he had reason to believe the case would be heard in early December. Some discussion arose during the proceeding about whether or not the section applies to those serving in appointive rather than elective capacities. Schultz said it did not because the constitutional provision had been amended in 1967 and did not affect appointees. Jones said he was riot aware 5 A£r Pr fessors Will R5pnain On t ity Council for the Present College Station (AP) — Jack Williams, president of Texas A &M, says five of the school's professors will not have to resign from the city council of College Station, lo- cation of the college — at least, not immediately. Williams said the profes- soors will be paid from local funds of the school rather than money going through the state treasury. The action will allow Coun- cilmen Jim Dozier, Dan Da- vis, Joe McGraw, C. H. Ramsdell and Cecil Ryan to pursue an appeal of an Austin judge's decision. Dist. Judge Herman Jones of Austin ruled on Nov. 10 that the s t a t e comptroller could not issue state funds to the five men under Section 33, Article 16, of the Texas Con- stitution. The provision was the basis of a suit filed in June by A. P. Boyett Sr. and more than fiO other College. Station resi- ctioa forbids the to issue warrants anriointee or offi- Order �Q the five on local funds such as tuition, which does not pass through the state treasury, the five would have had the choices of resigning from the \council or posting a bond. If they had resigned, the council members would have lost the right to appeal. Ling Prof s wi Toll T a�.e's St ate The injunction affecting five Texas A &M professors who hold office as College Station city councilmen is taking a statewide toll of state employes who also hold elective positions. In Commerce the mayor and two city commissioners who are professors at East Texas State University resigned Monday. They quit, they said, because they weren't going to be paid for November. Also as a result of the College Station case, the state comp- troller's office has asked every state agency for the names of employes who hold outside elective jobs. State Dist. Judge Herman Jones of Austin enjoined the state comptroller from paying the salaries of the five Texas A &M professors who were cer of the state who holds at the same time any other of- fice or position of honor, trust or profit Asked about the situation, during a meeting of the A &M board, Williams said the five will be paid with local funds. Had the directors not placed named co- defendants with the comptroller in a suit brought last June by A. P. Boyett Sr. and more than 20 other College Station residents. Kenneth I, Kimbro, chief clerk for the comptroller, said the injunction issued by Judge Jones forbids the comptroller to pay all such employes. Last Wednesday Texas A &M University president Jack Williams announced the five faculty members will be paid with local funds — those that do not go through the state treasury — thus allowing the men to pursue an appeal of the decision. The five are Jim Dozier, Dan Davis, Joe McGraw, Cecil Ryan and C. H. Ransdell. A certified copy of Jones' in- junction was delivered to the comptroller Nova 25, and letters were sent to the state agencies Nov. 27, Kimbro said. Some "eight to 10 to 12" of the early responses concerned state employes who hold outside elective jobs, he said. Kimbro said these employes may owe the state for pay they have received because it was based on an affidavit that says they are in compliance with all state constitutional require- ments, including the one that forbids the holding of a separ- ate elective job. Commerce Mayor W. J. Bell is head of the East Texas journalism department. Com- missioner Joe F. Cox is a member of the history faculty and Commissioner Jesse J. Hawthorne is head of the physical education department.