Business & Community Journal --- January, 2011
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Volume 4 Issue 44
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The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
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January ,
2011
In This Issue:
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vol.4 Issue 44
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THE FEDERALIST PAPERS
By Alexander Hamilton, James Madison, and John Jay For the People of New York, 1787
The Federalist Papers:
by Alexander Hamilton, #35
“Concerning the General Power of Taxation”
Growing Up Small Town: by Mike W. Norris
Representation of all Classes of People
Texas Conservative
he idea of an actual representation of all classes of the people, by persons of each class, is altogether visionary. Unless it were expressly provided in the Constitution, that each different occupation should send one or more members, the thing would never take place in practice. echanics and manufacturers will always be inclined, with few exceptions, to give their votes to merchants, in preference to persons of their own professions or trades. Those discerning citizens are well aware that the mechanic and manufacturing arts furnish the materials of mercantile enterprise and industry. Many of them, indeed, are immediately connected with the operations of commerce. They know that the merchant is their natural patron and friend... hese considerations, and many others that might be mentioned prove, and experience confirms it, that artisans and manufacturers will commonly be disposed to bestow their votes upon merchants and those whom they recommend. We must therefore consider merchants as the natural representatives of all these classes of the community. ith regard to the learned professions, little need be observed; they truly form no distinct interest in society, and according to their situation and talents, will be indiscriminately the objects of the confidence and choice of each other, and of other parts of the community. othing remains but the landed interest; and this, in a political view, and particularly in relation to taxes, I take to be perfectly united, from the wealthiest landlord down to the poorest tenant. No tax can be laid on land which will not affect the proprietor of millions of acres as well as the proprietor of a single acre. Every landholder will therefore have a common interest to keep the taxes on land as low as possible; and common interest may always be reckoned upon as the surest bond of sympathy. s it not natural that a man who is a candidate for the favor of the people, and who is dependent on the suffrages of his fellow-citizens for the continuance of his public honors, should take care to inform himself of their dispositions and inclinations, and should be willing to allow them their proper degree of influence upon his conduct? This dependence, and the necessity of being bound himself, and his posterity, by the laws to which he gives his assent, are the true, and they are the strong chords of sympathy between the representative and the constituent. here is no part of the administration of government that requires extensive information and a thorough knowledge of the principles of political economy, so much as the business of taxation. The man who understands those principles best will be least likely to resort to oppressive expedients, or sacrifice any particular class of citizens to the procurement of revenue. It might be demonstrated that the most productive system of finance will always be the least burdensome. There can be no doubt that in order to a judicious exercise of the power of taxation, it is necessary that the person in whose hands it should be acquainted with the general genius, habits, and modes of thinking of the people at large, and with the resources of the country. And this is all that can be reasonably meant by a knowledge of the interests and feelings of the people. In any other sense the proposition has either no meaning, or an absurd one. And in that sense let every considerate citizen judge for himself where the requisite qualification is most likely to be found. ~ excerpts from Federalist #35, by Alexander Hamilton
by Chuck Norris
@Ranger Library
by Diana McCullough
Good Neighbors by Clint Coffee
Daily Devotional
by Wanda Lee Beck Skinner
Law of the Land by Doug Jordan
Tumbleweed Smith by Bob Lewis
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Love Lessons
by Vicki Stiefer
Treasure Hunters by Jerry Eckhart
EMH Volunteers
by Kelly Davidson
Star Pride
by Ginger Tobin
Out of the Past
by Luther Gohlke
Texas History
by various authors
From the Backside
by Henry J. Clevicepin
Ruthie’s Page
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by Mike & Ruth Norris
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The County Line Published by Wolverine Design Mike Norris - Owner
P.O. Box 1156 Eastland, Tx 76448 Phone: (254) 433-2693 mike@mycounty-line.com
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The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
3Growing Up Small Town ■
County Line Business & Community Journal ~ January, 2011 v4.44
, Mike W. Norris
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Texas vs. The EPA So I’m working on the January issue of The County Line and I’m trying to think of what my subject should be for the January “Growing Up Small Town” article. There’s lots of things to discuss, but I’m not really interested in going down the the same path as most people would at this time of year....I’m a little more interested in keeping myself focused on where we are in history. During the last few days, something caught my eye that is not making as much news as I think it should. The Environmental Protection Agency is currently, right now, this very instant, waging a war against the states -and the only state standing firm against the EPA is the Great State of Texas. So what’s the big deal? Let’s see if I can put it into some perspective... The Environmental Protection Agency was formed on December 2, 1970 by President Richard Nixon through an executive order referred to as “Reorganization Plan No. 3” which was submitted to Congress on July 9, 1970. Congress approved the plan, which also formed the National Oceanic and Atmospheric Administration and consequently abolished the Federal Water Quality Administration and the Federal Radiation Council. Nixon had previously responded to the growing environmental movement by forming the Environmental Quality Council as a new department of his Executive Cabinet and also created the Citizen’s Advisory Committee on Environmental Quality. The Environmental Protection Agency (EPA) is only 40 years old and it started out as a collection of about 15 executive-level administrators and directors, with 5 divisions - Water Quality, Air Pollution Control, Pesticides, Radiation and Solid Wastes -- overseeing ten regional offices with supervising coordinators and staff already employed by the previous environmental agencies which the EPA replaced. When it was founded, the EPA’s budget was $1,003,984,000 and employed a workforce of 4,084. That’s a budget of $245,833 per employee. In 2010, the EPA’s budget was $10,297,864,000 and it employed 17,278 government employees. That’s a working budget of $596,010 per employee. Nice. (source: http://www.epa.gov/history/org/resources/ budget.htm) As a comparison, The Sierra Club (www.sierraclub. org) has a membership of roughly 750,000 people who pay $25 per year in membership dues, for an estimated yearly budget of $18,750,000 -or- just 0.18% of what the federal government spends on funding the EPA. Maybe it’s just me, but if the goverment wanted to do more for the
environment (without spending all of our hard earned money that is) maybe every member of congress should just join the Sierra Club and we could defund the EPA entirely. We could even give every EPA employee a severence bonus of $100,000 and still save over $8.5 billion! Anyway...back to my point about the war between the EPA and the states. On October 29, 2009, the EPA announced that “for the first time”, roughly 10,000 facilities in the nation will be required to collect and report the amount of greenhouse gases (GHG) that are produced by roughly 85% of all GHG production in the United States. Less than two months later...on December 7, 2009, after a “thorough examination of the science”...the EPA announced that greenhouse gases “threaten the health and welfare of the American people. As a result, greenhouse gases that lead to climate change can be regulated under the Clean Air Act.” (source: http://www.epa. gov/40th/timeline.html) OK...so the government says you have to fill out this form and send it to us. 10,000 facilities around the country then spend a few days not only figuring out how to count how much greenhouse gases they produce,
(also known as CO2), but they actually fill out the forms and mail them back. And then after a “thorough examination” the EPA concludes and announces that this is all bad for us and something must be done! If I’m counting my days right on this calnedar here, that’s only 39 days -including weekends and a Thanskgiving Holiday! Damn! That’s government in action right there! Our tax dollars at work! Not sure what the rush was, but a year later, in November 2010, the EPA issued what it called a “common-sense approach to GHG permitting for the largest industrial sources.” And then on December 23, 2010, the EPA “issued its plan for establishing greenhouse gas (GHG) pollution standards under the Clean Air Act in 2011.” The latest statement reports “Under today’s agreement, EPA will propose standards for power plants in July 2011 and for refineries in December 2011 and will issue final standards in May 2012 and November 2012, respectively. This schedule will allow the agency to host listening sessions with the business community, states and other stakeholders in
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Continued on page 6...
4Texas Conservative ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, Chuck Norris - The Man
Obama Versus Reagan
I must commend President Barack Obama for getting closer this year to conveying the true message of Christmas. But how does that saying go, “Close only counts in horseshoes and hand grenades”? This time last year, President Obama botched his yuletide yodels. Preceding presidents took pride in America’s Judeo-Christian and Christmas heritage, but President Obama -- on Dec. 24, 2009, with the first lady at his side -- delivered the most brief, impersonal and impotent religious admonition in the history of presidential Christmas addresses, describing the incomparable Bethlehem miracle as merely containing a benign “message of peace and brotherhood that continues to inspire more than 2,000 years after Jesus’ birth.” This year, the president’s speech writers are trying to figure out how to refer enough to the birth of Christ in his Christmas addresses that others don’t think he’s a Muslim, but not smack of being so Christian that they alienate the president’s progressive, Islamic and atheistic base. Though their speech attempts started better this December than last, both of this year’s attempts ended up neutering the soul of Christmas. The first was during Obama’s remarks at the lighting of the National Christmas Tree on Dec. 9: “Each year, we’ve come together to celebrate a story that has endured for two millennia ... a message that’s universal: A child was born far from home to spread a simple message of love and redemption to every human being around the world.” So far, so good. I appreciated the president’s speech writers actually using the word “redemption.” So I guess in the next sentence, he will explain the true message of Christmas, how the Savior was born to die and redeem mankind from the power of sin and death. Not exactly. Here’s Obama’s next sentence and his explanation of the Christmas message: “It’s a message that says no matter who we are or where we are from, no matter the pain we endure or the wrongs we face, we are called to love one another as brothers and as sisters.” I don’t know what Bible the president is reading, but the Christmas message is not about civil rights or social justice and welfare. He even elaborated on that pseudo-Christmas message a few nights later, Dec. 12, while being flanked by the first lady and his eldest daughter. The president spoke during the “Christmas in Washington” celebration at the National Building Museum: “This season reminds us that more than 2,000 years ago, a child born in a stable brought our world a redeeming gift of peace and salvation. It’s a story with a message that speaks to us to this day -- that we are called to love each other as we love ourselves, that we are our brother’s keeper and our sister’s keeper.” In the words of President Ronald Reagan, “There you go again.” President Obama, I hate to burst your community-coordinator caring bubble. But though it was a critical part of Christ’s adult message -- 30 years after his birth -- mutual or reciprocated love isn’t what the story of Christmas is about. It’s about God’s love for helpless sinners. Franklin Roosevelt even said in his 1942 Christmas message, “I say that loving our neighbor as we love ourselves is not enough -- that we as a Nation and as individuals will please God best by showing regard for the laws of God.”
Let me allow the angel who spoke these words to Jesus’ earthly father, Joseph, in a dream to explain it as he did 2,000 years ago: “Mary will give birth to a son, and you are to give him the name Jesus, because he will save his people from their sins.” 25 Years Experience Or as the angel foretold to the Carbon, Tx shepherds in the field: “Today in the town of Bethlehem a Rock - Dirt - House Pads Savior has been born to you; Drive Ways - Landscaping he is the Messiah, the Lord.” Mr. President, Christmas is just a few days away, but FREE ESTIMATES it’s not too late to ante up and get it right. You have the best Home: 254-639-2424 opportunity in some years, as Cell: 254-631-1745 your weekly address falls on Say “I saw it in The County Line!” Christmas morning. In fact, I think I’ll even put a pause on my family’s reading of the biblical Christmas story in expectation that you’ll set the mood by reading it! And if your speech writers are on Christmas break and you need a script for your teleprompters, just cite a president who didn’t milk down the specifics of the story or his Christian faith, Ronald Reagan, in his 1981 Christmas address, televised and on the radio from the Oval Office for the entire nation and world to hear: “At this special time of year, we all renew our sense of wonder in recalling the story of the first Christmas in Bethlehem, nearly 2,000 years ago. Some celebrate Christmas as the birthday of a great and good philosopher and teacher. Others of us believe in the divinity of the child born in Bethlehem, that he was and is the promised Prince of Peace. ... Like the shepherds and wise men of that first Christmas, we Americans have always tried to follow a higher light, a star, if you will. At lonely campfire vigils along the frontier, in the darkest days of the Great Depression, through war and peace, the twin beacons of faith and freedom have brightened the American sky. At times, our footsteps may have faltered, but trusting in God’s help, we’ve never lost our way. ... So, let this holiday season be for us a time of rededication. ... Tonight, in millions of American homes, the glow of the Christmas tree is a reflection of the love (of) Jesus. ... Christmas means so much because of one special child.”
David Cozart Sand & Gravel
Send Comments to: chuck@mycounty-line.com
To find out more about Chuck Norris and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com. COPYRIGHT 2010 CHUCK NORRIS - DISTRIBUTED BY CREATORS.COM - Reprinted under license by Mike Norris for The County Line. The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
5@The Ranger Library ■
County Line Business & Community Journal ~ January, 2011 v4.44
, Diana McCullough
2010 Comes to an end...
I recognize the Good Lord’s blessings. On Friday, I left our library phone with a trusted patron to make two deposits at First Financial, trying to hurry because it was NEARLY time for the school kids to arrive. Watching my banking transactions, I couldn’t help but overhear a friend telling of her unusual week, a bit of a long tale, and there was no reason to make her start over. I put my arm around her slender shoulder in a half-hug, and asked, “Charlotte, are you okay?” She responded with a twinkle in her eye, “I’ll be okay.” The next day, my friend Charlotte Adams passed from this life unto the next. It was a shock to all of us. Bob Davis took care of our library as I attended her funeral on Tuesday at the Mesquite and Rusk Church of Christ. Charlotte was highly respected and that large auditorium (some say sanctuary) was close to capacity with her turn-out of friends and family. It was WONDERFUL to see so many old friends, people that used to live here and people that still do. People from our past and from our present. My daughter, Amy,
observed, “This is like a big reunion,” to which I replied, “Maybe like Heaven someday!” Charlotte’s Memorial service was very nice, but she’s sorely missed on earth. I felt incredibly blessed by our last conversation—I believe she’s better than “okay”, she ALWAYS was! A wonderful teacher, and a GOOD influence in my life. Her son, Mark, is two years older than my Amy; Charlotte shared more than baby blankets. She shared wisdom. And encouragement. And friendship. On Monday, our library was closed as I attended our Big Country Library System’s Regional meeting in Cross Plains. You may have noticed their library, in an old store front, passing through on Highway 206. I’ve noticed it on numerous occasions, but this is the first time I’ve ever stopped the car and entered. I was VERY pleasantly surprised. The Cross Plains Public Library has NEARLY been totally remodeled. I could tell you about our “brainstorming” session (I took notes) but I’d rather tell you about their premises. NICE. NEW. I was very impressed! Their precious librarian, Linda Burns, and our Big Country Library System Coordinator, John Pecoraro, assured me that they hadn’t ALWAYS had such a nice facility. When that next door building, their “addition”, was purchased about six years ago, IT (where we were standing) had DIRT floors and stunk bad. And all those library materials? All crowded into the other side. Let me add, even their
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shelving is new. I asked HOW did they make the transformation? (THAT’S what I wanted to know.) They said it took lots of donations, and lots of time. I wanted to know how they developed the VISION for their transformation? More than one person receives the credit. Linda showed me around, probably because I was so nosy. I mean INTERESTED! Their old kitchenette, in the back, is still the same, and it seems like the same “vintage” as this old kitchen in our library and community room. I asked, “Where are your STACKS?” (Like the stacks of clutter that surround me.) So, Linda showed me her “closet”. A long ROOM with nearly as many square feet as our Computer Room. Shelves line both sides. I told Linda, “NOW I’m REALLY jealous!” But not really, I was teasing. I’m thankful for what we have, and I know that it’s the BOOKS and the INTERNET that draw our patrons, not marble bathroom sinks. Cross Plains is looking into expanding again, and they are contestants in something like “Best Rural Libraries in America”. I hope they win! The ones who stayed for the afternoon workshop ate lunch in the Senior Citizen Center right across Main Street. Meatloaf and mashed potatoes and peas were the day’s menu. (So sorry, I’ve never liked peas. I don’t know why. But, still a nice meal. $5.25 if you are under age 60. $3.50 if you’re over.) I was impressed as soon as we walked into this old building. The Senior Citizens were gathered close to an American flag, reciting our Pledge of Allegiance, followed by a prayer. So endearing. Like our old Hodges Oak Park cafeteria, when you’re finished with your tray, you carry it up and scrape uneaten food, soak silverware, stack your tray. Walking back to my table of eight, I noticed an older man, sitting alone, no food left on his tray. It seemed only right to
offer to carry his tray away, and even if he was a little surprised, he let me. I came back and spoke
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
Continued on page 13...
6Growing Up Small Town ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, Mike W. Norris
early 2011, well before the rulemaking process begins, as well as to solicit additional feedback during the routine notice and comment period.” (source: http://www.epa.gov/newsroom/) However, on the same day that the EPA claims to be moving forward in a deliberate and measured approach, and is paying special attention to the science and to the processes involved with respect to all interested parties, they also announced that this “first set of actions will give EPA authority to permit GHGs in seven states (Ariz., Ark., Fla., Idaho, Kan., Ore., and Wyo.) until the state or local agencies can revise their permitting regulations to cover these emissions. EPA is taking additional steps to disapprove part of Texas’ Clean Air Act
permitting program and the agency will also issue GHG permits to facilities in [that] state.” In other words, on Christmas Eve 2010, the EPA supplanted the local jurisdictions of eight states, including Texas, in order to take over the permitting process on existing and future industrial expansions and new constructions which fall under the “thoroughly examined” new greenhouse gas rules. The specific targets of these rules are oil and gas refineries as well as fossil fuel electric plants and fossil fuel production facilities. And a very merry ho, ho, ho, to you, too! The state of Texas is the only state so far to sue the EPA over this issue. Attorney General Greg
Abbott sought an emergency stay of the EPA’s action and argued that the EPA seeks to deprive Texas of its right to manage its air resources and that the “interim final rule” did not give Texas the chance to comment on the proposal. In the final days of 2010, the United States Court of Appeals for the district of Columbia issued a temporary halt to the EPA’s actions so that the court would have time to evaluate Texas’ claims. A ruling should come after January 7. Happy New Year, Texas! Send Comments to: smalltown@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
7Good Neighbors ■
County Line Business & Community Journal ~ January, 2011 v4.44
, Clint Coffee CLU ChFC State Farm Insurance® Agent
Save childcare money for your child’s future
The cost of childcare for preschool age children can be one of the more significant expenses parents face. While childcare expenses may be unavoidable in two-income households, it can represent a significant increase in discretionary income once the child begins elementary school.
school education.
That extra income could be used to pay for a new car, or to save for a vacation. However, you may want to consider using that money to save for your child’s future.
Take the time to speak with someone who knows what is available to parents in your state. The earlier you start, the more time you will have in preparing for the education of your child.
A quality education may be one of the most important factors in determining your child’s future. Studies have shown a significant difference in earning potential between college graduates and those with only a high
There are a number of options available that can help build significant assets to be used toward a college education. A financial professional can help you choose one that is appropriate for your goals, timeline and tolerance for certain risks.
Send Comments to: neighbors@mycounty-line.com
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Call Patrick Mulvey Mortgages Since 1981 915-591-6868 or Cell 915-373-5831 NMLS # 280399 1790 Lee Trevino, Suite 613 El Paso, TX 79936 Phone 915-591-6868 Fax 915-591-6869 pkmulvey@sbcglobal.net
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8Daily Devotional ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, Wanda Lee Beck Skinner
Seek God’s Wisdom Daily and Live By It Wanda Lee Beck Skinner©2011
It is time for us to think about a new day. January is here and so is 2011. So let’s begin to think new ways to do old things. let’s begin with reading the Scripture. Isaiah 43:10-11 Kind James Versions “Ye are my witness, saith the Lord, and my servant whom I have chosen: that ye may know nd believe me, and understood that I am He; before me there was no God formed, neither shall there be after. I, even I, am the Lord; and beside me there is no Savior.” Let all begin a new way of life today. let’s put aside all the petty things that occupy so much of our time and begin to think of others around us. proverbs 2:7-9 King James Version “He layeth up sound wisdom for the righteous; He is a buckler to them that walk uprightly. he keepeth the paths of judgement, and preserveth the way of His saints. Then shalt thou understand righteousness, and judgement and equity; yea, every god path. When wisdom entereth into thine heart, and knowledge is pleasant unto the soul. Discretion shall preserve thee, understanding shall keep thee.” Words From Jesus Mean So Much
Take some of their giult away. You can, you know, because christ was there for you when you needed Himl so lay a little of His kindness on others. Forget where you have been and opened your eyes to those who you meet today. Begin life anew today and let His Word be your guide. He will lead you to those most in need today. Just A Personall Note: I have been ill for about three months. I want each of you to know I felt your prayers and I felt His Power in my life. I am far from well but can begin once again on my relationship with the Lord and with other people. I have had time to think about what is really important in these days. I want you to know how much I have missed out in life over the last few months, the wonderful group at church, the wonderful relationship with all my class friends and the wonderful experience of going to town and shopping. All the things were done for me by others and I really appreciate everyone who helped in anyway to fill all my needs and the needs of those around me. A thank you seems so inadequate. Wanda Lee Beck Skinner Send Comments to: devotionals@mycounty-line.com
Luke 4:18-19 The Spirit of the Lord is upon me, because He hath anointed me to preach the Gospel to the poor, He hath sent me to heal the brokenhearted, to preach deliverance to the captives, and recovering of sight to the blind, to set at liberty them that are bruised, to preach the acceptable year of the Lord” So many are in pain, in suffering and in sorrow, they have lost their way. What better way to begin a New Year than to forget where you have been and what you have done, look at those around you. see them for people God want them to be. Give them a smile and a kind word.
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
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County Line Business & Community Journal ~ January, 2011 v4.44
Advertise with The County Line! Call (254)433-2693
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
10The Law of the Land ■
County Line Business & Community Journal ~ January, 2011 v4.44
, by Doug Jordan
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Where There’s No Will, Here’s the Way: Texas Intestate Succession Law Part III -- Treatment of Potential Heirs
Note - This article is the third in a series explaining how Texas Intestate Succession Law operates. The information presented is a summary of the work of Professor Gerry W. Beyer (Texas Tech University School of Law, Lubbock, Texas), used with his permission and to whom I am most grateful.
Posthumous Heirs
Posthumous heirs are heirs conceived but not yet born when the intestate dies. Probate Code Section 41(a) provides that posthumous lineal heirs (e.g., children and grandchildren) will inherit from the intestate, but posthumous non-lineal heirs (e.g., nieces and nephews) will not inherit. Adopted Individuals
The ability of a person to adopt a non-biological person and cause that person to be treated as a biological child was recognized thousands of years ago by societies such as the ancient Greeks, Romans, and Egyptians. However, the concept of adoption was beyond the grasp of common law attorneys and courts. The idea that a person could have “parents” other than the biological mother and biological father was unthinkable. In fact, English law did not recognize adoption until 1926. Accordingly, modern law relating to adoption developed in the United States with Vermont and Texas taking the lead when their legislatures enacted adoption statutes in 1850. Probate Code Section 40 details the effect of adoption on intestate distribution. The rights of three parties are at issue: (1) the adopted child; (2) the adoptive parents; and (3) the biological parents. Adopted children will inherit from and through the adoptive parents and, unlike in many states, also from and through the biological parents if the child was adopted when the child was a minor. However, a decree terminating the parent–child relationship may specifically remove the child’s right to inherit from and through a biological parent. See Family Code Section 161.206. Adoptive parents are entitled to inherit from and through the adopted child. The inheritance rights of the biological parents, on the other hand, are cut off – biological parents do not inherit from or through their child who was placed for adoption. See also Family Code Sections 162.017 (adoption of minors) and 162.507 (adoption of adults). Adoption by estoppel, also called equitable adoption, occurs when a “parent” acts as though the “parent” has adopted the “child” even though a formal court–approved adoption never occurred. Typically,
the “child” must prove that there was an agreement to adopt and the courts will look at circumstantial evidence to establish the agreement. Thus, when the “parent” dies, the adopted by estoppel child is entitled to share in the estate just as if an adoption had actually occurred. The result is different, however, if the adopted by estoppel child dies. The adoptive by estoppel parents and their kin are prohibited from inheriting from or through the adopted by estoppel child. The courts explain that it is the parents’ fault that a formal adoption did not take place and thus the equities are not in their favor. As a result, the child’s biological kin are the child’s heirs. Non-Marital Individuals
At common law, a child born outside of a valid marriage was considered as having no parents (filius nullius). Thus, a non-marital child did not inherit from or through the child’s biological mother or father. Likewise, the biological parents could not inherit from or through the child. However, the non-marital child did retain the right to inherit from the child’s spouse and descendants. If the child died intestate with neither a surviving spouse nor descendants, the child’s property escheated to the government. This harsh treatment of non-marital children has been greatly alleviated under modern law. In the 1977 United States Supreme Court case of Trimble v. Gordon, the Court held that marital and non-marital children must be treated the same when determining heirs under intestacy statutes. The Court held that discriminating against non-marital children was a violation of the equal protection clause of the 14th Amendment. One year later, the Supreme Court retreated from its broad holding in Trimble. In the five-four decision of Lalli v. Lalli, the Court held that a state may have legitimate reasons to apply a more demanding standard for non-marital children to inherit from their fathers than from their mothers. The Court cited several justifications for this unequal treatment
Located in Cisco, Texas North Side I-20 Between Exit 332 and 330 Look for the red airplane tail!!!
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11The Law of the Land ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, by Doug Jordan
including the more efficient and orderly administration of estates, the avoidance of spurious claims, the maintenance of the finality of judgments, and the inability of the purported father to contest the child’s paternity allegations. Probate Code Section 42(a) permits the non-marital child to inherit from and through the biological mother (and vice versa) without any difference in the amount of maternity proof from that which a marital child is required to produce. On the other hand, Texas imposes higher standards on a non-marital child to inherit from the father. Section 42(b), in conjunction with the Family Code, enumerates how a person may be considered the child of a man and thus entitled to inherit as such when (1) the child is born during marriage or within 300 days after the marriage ends, (2) there is a court decree of paternity, (3) the man adopts the child, or (4) the man executes a statement of paternity. Texas also permits the nonmarital child to prove paternity after the purported father has died. In an attempt to limit the number of false claims, Texas imposes a higher standard of proof of paternity in post-death actions, that is, there must be clear and convincing evidence of paternity.
DNA evidence is especially helpful in making this determination. Children From Alternative Reproduction Technologies
Modern medical technology permits children to be born via reproduction techniques that involve more than the traditional two people or years after the death of one or both of the parents. Family Code Sections 160.701 - .707 resolve some, but not all, of the issues which arise regarding the individuals whom the law will treat as the parents of children conceived by means of assisted conception. Generally, the donor of the sperm or egg is not considered as a parent and the birth mother is deemed to be the mother. For the child to have a father, the father must be married to the mother and the father must (1) provide the sperm, (2) consent in a record signed by both husband and wife to the assisted reproduction, or (3) openly treat the child as a child. The 2003 Texas Legislature authorized gestational agreements between a surrogate mother and the intended parents in Family Code Sections 160.751-.762. If the agreement is properly validated, the woman who gave birth to the child will not be treated as the child’s mother. Accordingly, this
child would not inherit from or through the birth mother. Instead, the mother and father of the child will be the intended parents and inheritance rights will accrue accordingly. Stepchildren
A stepchild is a child of a person’s spouse who is not a biological or adopted child of the person. Stepchildren may not inherit from their stepparents under Texas law unless they are able to claim successfully that they were adopted by estoppel. Non-United States Citizens
Under Probate Code Section 41(c), non-citizens are treated no differently than citizens when it comes to inheritance rights. Note, however, that during the World Wars, the United States government restricted the inheritance rights of citizens of enemy nations. Unworthy Heirs
To prevent murderers from benefiting from their evil acts, most state legislatures have enacted statutes prohibiting murderers from inheriting. These provisions are often referred to as slayer statutes. Probate Code Section 41(d), however, only applies if a beneficiary of a life insurance policy is convicted and sentenced as a principal or accomplice in willfully bringing about the death of the insured. Texas courts resort
to the constructive trust principle to prevent the murdering heir from inheriting. Legal title does pass to the murderer but equity treats the murderer as a constructive trustee of the title because of the unconscionable mode of its acquisition and then compels the murderer to convey it to the heirs of the deceased, exclusive of the murderer. The property of a person who committed suicide was subject to special rules at common law. If the intestate committed suicide to avoid punishment after committing a felony, the intestate’s heirs took nothing. Instead, the real property escheated and personal property was forfeited. However, if the intestate committed suicide because of pain or exhaustion from living, only personal property was forfeited and real property still descended to the heirs. Article I, Section 21 of the Texas Constitution abolishes these common law rules and thus the property of a person who commits suicide passes just as if the death were caused by some other means. Probate Code Section 41(d) restates the Constitutional provision. NEXT: Other Intestacy Issues
Send Comments to: landlaw@mycounty-line.com
Doug Jordan is a local Title Examiner and Attorney, Board Certified in Farm and Ranch Real Estate Law for Security Title Company. Questions or comments regarding this article may be emailed to the author at: doug@securitytitleco.com The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
12Tumbleweed Smith ■
County Line Business & Community Journal ~ January, 2011 v4.44
, Big Spring
The Schools of Rock
“Right now there are around sixty-five or seventy locations: east coast, west coast, they’re all over the country.” Dean Tarpley of Dallas owns the franchise to THE SCHOOL OF ROCK in the metroplex. He currently has four schools operating and is opening a fifth soon, ultimately looking to have twelve to fifteen schools. He also owns the franchise for Detroit. The schools teach kids to become rock musicians. “We teach guitar, bass, drums, vocals, keyboards,” says Dean. “Students can either take a thirty minute lesson or a forty-five minute lesson in their instrument once a week. All of our teachers are working, touring musicians. Our thought process is if you’re going to teach a kid how to be a rock star it would be helpful if you had been one yourself.” After the kids take a lesson they are assigned to a show. “We do rock-themed shows. So it could be punk rock or a Led Zeppelin show. Once a week, in addition to the lesson, they go to a three-hour rehearsal. Every four months it culminates into a live rock concert, usually attended by hundreds of people. The best kids in the school can try out for our house band, which becomes a
touring group for the school. They play during halftime at Dallas Mavericks basketball games, Dallas Stars games; some of our kids have played in front of eighty thousand people at festivals and parades. The really cream of the crop can make what we call the National AllStars. They actually get on a tour bus and tour the United States just like rock stars. Our whole philosophy is cradle to grave. We have a preschool program for kids two or three years old who want to get exposed to the fundamentals of music, then progress through our program. For the truly talented and committed students, we hand them off to a professional manager or they may sign with a label. We’ve had several of those where kids sign on and have careers as rock musicians.” The school caters to kids seven to eighteen, but some people in the school are in their fifties or sixties and played an instrument in high school or college and want to get back to experiencing the fun of playing with a band. Some students study sound and lighting. The movie, SCHOOL OF ROCK, is based on the story of Paul Green, who started the School of Rock. “VH1 went to Paul Green’s school in Philadelphia with the intention of doing a reality show. They filmed for about two weeks and left. Paul never heard back from them. About a year later, the movie called THE SCHOOL OF ROCK came out and was coincidentally very much like Paul’s concept of young kids performing rock music together. At first he was upset, but he owns the name SCHOOL OF ROCK and the website by the same name, so his popularity grew and the traffic coming into his website was unbelievable. In a weird sort of way it actually launched his company in a major way.”
BRANDON JOHNSON IS NUTS ABOUT MOVIES
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Brandon Johnson of Big Spring says there aren’t many people as passionate about movies as he is. “But I’m beginning to find a few.” Brandon studied film at the University of Texas and made a couple of small movies, spending a lot of money and getting loads of frustration in the process. His experience whetted his appetite to do something within the industry. He works at his family’s oil field supply business to make a living. He does other things to have fun. He is a drag boat racer and has racked up a few championships. “College was an on again, off again thing,” says Brandon. “I got so involved with drag racing my boats I let everything else just slip away. Marriage changed all that. Now I’m focused in the right direction to take care of my wife and two little girls.” A couple of years ago Brandon started a summer film program to screen box office hits at various locations around Big Spring. The first one, CLOSE ENCOUNTERS OF THE THIRD KIND, was shown on top of Scenic Mountain in Big Spring’s state park. “Close Encounters had just been put out on Blu-Ray so we could have a high definition picture. We advertised and did all sorts of things to promote
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
13Tumbleweed Smith ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, Big Spring
the showing of the film. Weather came in that night and there was a football game. I learned that night never to schedule anything on a football night in west Texas because nobody will show up. Anyway, the guy I got the big screen from told me once he set up I had to pay the rental on it. I’m not a gambler, but I decided to gamble on this. I told him to go ahead and set it up and let’s see what happens. Now on top of Scenic Mountain you can see what’s going on in the weather real good. Clouds came up and five minutes into the movie it started sprinkling. It lasted about five minutes. We’re sitting up there on the mountain, the storm’s going from Sterling City to Colorado City and we’re watching this movie about UFO’s and we have this huge lightning show going on beyond the screen. There were only 150 people in the audience, but I didn’t care. It was awesome.” His second screening was JAWS, projected near the lake in Big Spring’s Comanche Trail Park. Eight Hundred people came out to see it. He then showed RAIDERS OF THE LOST ARK in the city’s amphitheater. He has the facility booked for three years showing Indiana Jones movies. He showed ET and JURASSIC PARK at the state park and the showings set new records for state park attendance. In 1911 he plans to screen GHOSTBUSTERS downtown, MEMPHIS BELLE at Hangar 25 Air Museum, and BACK TO THE FUTURE at a location yet to be decided. Brandon also does a “music from the movies” program on KBYG radio in Big Spring. His six year old daughter co-hosted his Christmas broadcast which featured the soundtracks from HOME ALONE, POLAR EXPRESS, CHARLIE BROWN CHRISTMAS and HOW THE GRINCH STOLE CHRISTMAS. He is planning a fund-raiser for the Big Spring Film Society. He would like to see his city have a film and music festival. The website is bigspringfilm.org. Send Comments to: tumbleweed@mycounty-line.com
■ @The
Ranger Library, Diana McCullough
with him for a minute, and then took the seat next to his and visited a little longer. I was richer for the experience. I think I could write 800 words on Charlie Wagoner, from nearby Cottonwood, a former Ranger Junior College board member. He’s also lived in Cisco. He says there’s not much left in Cottonwood. They lost their school. Lost their post office. And now they only have two churches. I told him, “Bet Cottonwood has some stories,” and Mr. Wagoner assured me, “Lots of stories.” I hope you were able to attend last Friday night’s Christmas Parade! It was a good one! Congratulations to the organizers and to the participants for a job well done. I’ll close with a little more about Charlotte Adams’s life and her Memorial. Her family shared short essays, and I took out my pen. Charlotte didn’t just teach her family members to sew and play piano, she taught them to Finish what you start, Choose wisely, Think of others, and Always, always do your best. Lastly, minister Ken Evans quoted Etta Johnson: “The clock of life is wound but once, and no man has the power to tell just when the hands will stop, at late or early hour. The present only is our own--live, love, toil with a will; place no faith in tomorrow for the clock may then be still.” Can you believe it? 2010 is History. My mom sent me an email today titled “Star Spangled Banner” about the inspiration of 35 year old Francis Scott Key after watching the bombardment of Fort McHenry in Chesapeak Bay in the War of 1812. (The poem was actually written in 1814, nearly 200 years ago.) As Americans, we have a rich History. Jim rolled his eyes like usual when I picked up a children’s book at Wal-Mart last week. It’s called Of Thee I Sing: A Letter to My Daughters. Each page names a virtue, like “Have I told you that you are strong?” Then the facing page illustrates that quality with an American example. Heroes in this children’s book include Helen Keller, Georgia O’Keeffe (artistic), Albert Einstein (smart), Jackie Robinson (courageous), Sitting Bull (a healer), Billie Holiday (musical), Maya Lin (honored others’ sacrifices), Jane Addams (kindness), Martin Luther King Jr. (persistent), Neil Armstrong (adventurous), Cesar Chavez (inspiring), Abraham Lincoln, and George Washington. It’s a beautiful book and I plan to read it to my four year old grandson. Let me brag for a second! That little boy can recite our Pledge of Allegiance in its entirety, with his hand
on his heart. He knows a lot of Bible verses, too. A bestsellers’ list caught my attention lately, and now we own two new Young Adult books: “Vixen” by Jillian Larkin and “Last Sacrifice” by Richelle Mead. Early, early on Sunday morning, I decided that author James Grippando was better than sleeping. “Money to Burn” is a “Wall Street thriller” and I enjoyed it! My sister was in the mood for a Love Story lately, so that’s my excuse to be reading “Blue-Eyed Devil” by Lisa Kleypas. If you like Romance, you might like this one! We’ve got LOTS of good books at the Ranger City Library. All KINDS of books. Santa Claus visited our library this afternoon! I told Doug Crawley that I’d been good, but he didn’t act like he believed me. Here’s the TRUTH. A stranger came in with a big blue shopping bag, filled with pristine hardcover books—the works of Nicholas Sparks and Richard Paul Evans. I was surprised and happy to get them! We’ve had several Nicholas Sparks books unreturned, and this donation will help even out our collection. Before today, we only owned two or three Richard Paul Evans, so this was a NICE contribution. A big thanks is due Lucille Clark from Texas City who sent her son to our library. She even donated the big, blue bag. Our Ranger Citizens Task Force will reconvene with a meeting on Thursday, January 13, here in our Community Room, adjoining this library, at 6 PM. We’ll be planning our next Get ‘Er Done Day (probably April 9th) and our next Roaring Ranger Day (Sept. 17th). We will keep promoting our Street Sign project and I think we will talk about tearing down a distressed property until it actually happens. YOU are invited. You are needed. The RAIN was needed too! Thank the Lord for our recent rainfalls. Walt Disney once said, “All our dreams can come true, if we have the courage to pursue them.” And Ben Franklin said, “One today is worth two tomorrows.” Best wishes to you and yours in 2011. In God we trust. Please take care, and as always…ENJOY READING!
Send Comments to: rangerlibrary@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
14Love Lessons Learned So Far
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County Line Business & Community Journal ~ January, 2011 v4.44
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, Vicki Stiefer
Do You Talk Too Much?
Have you ever been sitting with your man somewhere and you feel like the conversation is one sided? He’s not listening at all, is what you’re thinking, right? It’s crazy to think your one and only is not hanging on every word you say. He doesn’t remember what you tell him to do either. Whether it’s a request to call his mother or pick up his socks, he doesn’t remember and he doesn’t do it and you, woman of certain organization and togetherness, go crazy. Relax and take a deep breath. If you feel like the conversation is one sided…SHUT UP for a second. Dennis Prager from dennisprager.com says that if men and women switched brains for a day, two things would happen. The man would kill himself from all the rattling going in his head and the woman would shout “Free at last, thank God almighty”. We’ve got a lot of stuff rolling around in our noggins, ladies and yeah we need to get it out. I suggest calling your best gal pal and talking to her about your New Years resolutions and how this year will be different. I am a child of the 80’s so I spent countless hours in blue eye makeup and leg warmers chewing hubba bubba bubble gum and talking to my best girlfriends about which headband wearing mullet cut was going to take me to the dance. My Dad even installed my own phone line at home so I could talk to my hearts content because he couldn’t conduct any business on the phone otherwise. Sound familiar does it? If you have a daughter or two then you know exactly what I am talking about. The phone may be a hassle, but what about sharing a bathroom. Now that’s impossible and even Bill Clinton would have trouble producing a peace treaty in that situation. The bottom line is your man just doesn’t want to hear all of that mess, he can’t absorb it all. Men are fixers. They like being the big strong powerhouse that solves all your problems and satisfies you in the bedroom. So when you start babbling
on and on he can’t fix it all and his head will explode. Well, not really but close to it. Exhibit A-my husband and I are car pooling to work on one of the rare occasions when we can. I had been babbling since we left the house about mindless stuff. Making remarks about the street we were driving on and what about this and what about that. It took me almost 10 minutes to realize he had stopped trying to have a conversation with me. He had stopped trying to interject because why should he? I would have cut him off and continued my trivial observations. I certainly didn’t need him to have this conversation. Sometimes, though, you just have to shut up for second. Be quiet and take a breath. He might just have something of substance to offer. I even felt like I was talking too much so I told him so because I have to get the last word in and clapped the trap shut. What a peaceful ride to work it turned out to be. Remember, your feelings are valid and what you have to say is important, but you have to dole out your crazy in little pieces. Do you remember the scene in Austin Powers when the fem bots start to break down and steam comes from their necks and eventually their heads pop off? That’s your man when you start gabbing i n c e s s a n t l y, minus the guns and the pink teddy, of course. It’s not something you have to remember all the time. Women won’t remember
because there is too much going on in their heads and eventually we will talk again! When you feel like you need to be quiet or he’s not listening, then do so and see what happens. 2 things may happen. He could ask you what was wrong or he could continue to sleep in his chair and ignore you. I am only kidding. Your man should never ignore you. He is however, allowed to have his own time and not hang on every word you say. Go complain to your girlfriends that he doesn’t listen and he’s horrible and then realize you can change his reaction by simply changing your behavior. His brain needs time to recharge with football and hunting and golf so that when you have a real problem you’re prince will come. Remember what your knees are for and pray, love on your man, your family and friends because you only live once. Comments, questions, ideas send them to ramblinritalouise@yahoo.com Send Comments to: lovelessons@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
15Treasure Hunters ■
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County Line Business & Community Journal ~ January, 2011 v4.44
, Jerry Eckhart
Jesus Was a Treasure Hunter
Editor’s note: To see more of Jerry’s treasure finds, visit his Facebook profile. Just search Facebook for “Jerry Eckhart”
Here it is just a few days before Christmas and I am still wanting to write about Christmas, but since this is for the January issue of County Line, I have to put Christmas thoughts behind and move forward. It is now a new year, and most folks are looking forward to making their resolutions and correcting all their mistakes made in 2010. So, what can we say about treasure in the middle of winter? By now, most of the decorations have come down, Christmas presents opened and many of the children’s broken or not used, and everyone has made their resolutions for the new year. That brings me back to Jesus and his gift of the greatest treasure in the world, his sacrifice for us so we could have eternal life. Surely we won’t forget about him until next year. You may wonder about the title for this month’s column. Didn’t Jesus speak about forgetting about worldly goods? Of course he did. One of his many quotes about treasure says, “Lay not up for yourselves treasures on earth where moth and rust destroy.” Many other times in scripture, Jesus mentioned treasure in connection with his teachings. From some of his comments, I cannot help but think that Jesus either liked searching for treasure or, at least, understood why people seek it. There is something compelling about finding treasures that have long been forgotten. Perhaps, the search for treasure is more important than the actual finding of it. Perhaps it is the quest that is most important. In Matthew 13:44-46, Jesus compares treasure to the kingdom of heaven. “Again, the kingdom of heaven is like unto a treasure hid in a field, the which when a man hath found,
he hideth, and for joy thereof goeth and selleth all that he hath, and buyeth that field. Again, the kingdom of heaven is like unto a merchant man, seeking goodly pearls: who when he had found one pearl of great price went and sold all that he had and bought it.” From these comments, we know that Jesus understands the mind of the treasure hunter. We are always seeking new places where we might find that pearl of great price. Most of us don’t just run out and begin searching. We start out by looking for clues (research) then, when we find enough clues, we tackle the searching and finding of the treasure. When Jesus compared the kingdom of heaven to hidden treasure, he got a lot of people’s attention. He understood that it was
necessary to capture his followers’ attention by using something they could relate to. Not too many things capture a person’s attention more than the mention of treasure. A few years ago, when bumper stickers were popular, I spotted one that I have never forgotten. It read, “Find Buried Treasure. Read Your Bible.” That is still some of the best advice a treasure hunter can receive even today. We may thrill at the thought of finding treasure The Holy Scriptures still keep us on the straight and narrow. They not only give us guidelines for life, but they tell us the story of the greatest treasure in the world, our Savior Jesus the Christ. So, the next time you are out swinging your magic metal detector take a little time to reflect on the greatest treasure ever, Jesus. If you seek him, you won’t miss out on your personal treasure. Send Comments to: treasure@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
16Eastland Memorial Hospital Volunteers
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, Kelly Davidson
The EMH Volunteers were hard at work in the month of December. We enjoyed record Christmas sales in the SunShine Gift Shoppe located in the lower level of the hospital beside the Earl & Billye Bradley Rehab and Wellness Center and the Bill Oswalt Aquatic Therapy Center. We were very excited to welcome the new Hospital Administrator, Ted Matthews, to our December monthly meeting. The volunteers look forward to a wonderful New Year with Mr. Matthews on board. The Volunteers had a special presentation at the hospital on December 14. In attendance of this event along with the volunteers were Ted Matthews-Hospital Administrator, Rhonda ReevesDirector of Volunteers and the family of Jenni Bradley Ford. A new Portable X-Ray machine was purchased by the volunteers at a cost of nearly $39,000.00. It was presented to the hospital, witnessed by the Bradley family
and accepted on behalf of the Radiology Department by Sarah Good. A plaque is mounted on the portable x-ray machine that reads, “Donated by the Eastland Memorial Hospital Volunteers in Loving Memory of Jenni Bradley Ford December 14, 2010”. This was our gesture to the Bradley family to say,” Thank You Jenni, for all you did over the years to help the Volunteers and the Eastland Memorial Hospital”. Pictured in family photo with portable x-ray machine (right): Billye Bradley, Jeff and Vicki Bradley, E.T. Bradley and Leslie Bradley Keffer. Group picture with Volunteers (below): Back Row-Jeff and Vicki Bradley, Carol Neagele, Director of Volunteers-Rhonda Reeves, Kelly Davidson, Hospital Administrator - Ted Matthews, Cindy Vernon, Rebecca and Charles Rener Middle Row- Leslie Bradley Keffer, Billye Bradley, E.T. Bradley, Sammie Blades,
Belinda O’Neil, Pat Byrd, Dessie McCarroll Front RowRadiology Department-Sarah Good, Volunteer President - Leisha Hodges, Evangeline Brewer, Janice Winge and taking the pictures-Telitha Bush.
Send Comments to: emh@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
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County Line Business & Community Journal ~ January, 2011 v4.44
Angel Food Ministries Ordering Cut-Off Date Saturday January 22nd
Go online to Order:
www.angelfoodministries.com
Distribution Saturday January 29th
Call Ilene for more information (254)442-1969
Eastland Bagged Leaves Pickup:
December 10, December 24 January 14, January 28 February 11, February 25 March 11, March 25
Persons wishing to have bagged leaves picked up by IESI MUST call City Hall: 629-8321 at least 24 hours before the scheduled collection date to be added to the route list. IESI personnel will not pick up bags at addresses not on their lists.
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
19Star Pride ■
County Line Business & Community Journal ~ January, 2011 v4.44
, Ginger Tobin Twas a Rising Star Christmas
Editor’s Note: Ginger’s column was sent to me early in December but was too late to catch the December issue. So much is mentioned here that I felt it needed to be published even if it was well after the new year.
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it is truly magical. Their other window was decorated by Star Pride; and the entire lighting system of most of the West side of Main Street is due to the generosity of the Rutledges. Thank you so much! SINDY AND DON COLLINS SPONSOR THE SNOW FLAKE ON N. MAIN
Tonight I’m taking a neighbor who does not have a car to see “the lights” and it has occurred to me that this would be a nice neighborly gesture for all of you who know someone who can’t or doesn’t drive at night (or at all) to take one or more to enjoy our local attraction. Now I must warn you that sometimes there is a line to drive close to the windows and get a better look! One evening this week I had to wait as there was another vehicle in front of me, just cruising along slowly and enjoying the view!
Much gratitude goes to Sindy and Don for “hooking up” electricity to the snow flake in front of their store, Pastimes, and for entering the contest. Thanks so much. RISING STAR SCHOOL ADMINISTRATION OFFICE
Again, this year, the school administration office has dazzled the town with their wonderful display of lights and RED POINSETTIAS…WOW, it is so beautiful. They are also sponsoring the electricity for the large “rising star” at the Downtown Park under construction. Muchas gracias! CITY OF RISING STAR CAME THROUGH WITH FLYING COLORS
Several new attractions have happened since last week; AMA Tech Tel on North Main Street has finished their decorating, complete with door wreath, Christmas tree, window lighting and outside lights. Good job! Main Street BBQ on W. Hwy. 36 also has brightened up the landscape in that area with lots of outdoor twinkling lights on their front entrance and a Christmas tree peeking through the West side window. Great!
Last week I mentioned that “something” was about to happen…and it did. City crews found a way to put up the green Christmas trees on the streets along Main and also Hwy. 36 in a safe way. The citizens are so grateful and appreciate your creative solution to this problem. I also see that lights are shining brightly at night around the fence at City Hall. Way to go! Thanks!
The two windows in Skip Ezzell’s building (to the right of The Antique Mall) have been totally transformed by Star Pride member, Mike McGinn. One window depicts animals (I think a duck, a floppy eared dog and maybe a bear) having a great time on a bob sled until they come upon a really large ROCK…off they fly into the air! That’s where they are…..in the air!
The Christmas tree and lights are still shining brightly every evening at Steel’s Tire on the East side of N. Main Street; these were installed by Trish Stassin and Barbara Medley, Star Pride members.
The second window has STARS…and stars…and more stars, of every shape, size and description along with lights. One set of stars are twinkling and lends a magical touch to this very traditional Christmas scene of the baby Jesus lying in a manger. It is striking…you can’t miss this one! FULL DRAW LEGENDS BRIGHTENS UP SOUTH MAIN STREET
The new taxidermy shop at 100 S. Main (called Full Draw Legends) has done a good deed for that block of S. Main by stringing lights almost the entire block. Many thanks go to Robby Harding for that…it is so appreciated. His wife has transformed their windows into a real traffic stopper too…the animals there each have “Santa hats” and red noses. There are also other details…you must drive by.
STEEL’S TIRE
NOT TOO LATE!
For those businesses who haven’t decorated yet or are just in the process, it’s NOT TOO LATE to do so. If there are ones I did not mention this week, I’ll catch them next week, I promise! STAR PRIDE MEETING ON TUESDAY, DECEMBER 14
Our next meeting will be held at 4:00 PM on December 14 at The Rising Star Library. We will be excited to welcome some new members, who have already been busy at work decorating the town; and we are looking for other new members. If you want to help Rising Star and like to have fun working, be there! THANKS TO ALL RESIDENTS WHO ARE LIGHTING UP THEIR HOMES THIS YEAR!
KENNY & GALE RUTLEDGE’S CONTRIBUTION TO N. MAIN ‘SCAPE
I haven’t mentioned this previously but Kenny and Gale Rutledge are to be commended for their windows at the corner of N. Main and Hwy. 36 (the West side). They personally decorated the window with the deer, sleigh and trees…
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County Line Business & Community Journal ~ January, 2011 v4.44
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
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21Out of the Past ■
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County Line Business & Community Journal ~ January, 2011 v4.44 , Luther & Pat Gohlke
Tougher Than A Nail
Alice Calvert was a regular patient of mine for many years. She was a sweet lady, a Christian who seldom missed church, a widow who lived alone just about 2 miles south of Ranger, Texas. She was in her 80’s and a hardy woman who was seldom sick and never complained. Of short stature, she had a history of a broken leg and a hip fracture that orthopedic Dr. Alfonso Pino and I had surgically repaired several years in the past.
airport that evening. Would we have an ambulance there to pick her up? I said we would take care of that.
A. E. Pino, M. D. was a Cuban physician ousted by Castro in the early 1960s.
His parting words were, “You must be one heck of a good doctor. I hope it all goes well. I’ve never seen a situation like this.”
When he left Cuba he could speak very little English. He brought with him his wife and children and $300.00. In Cuba he was a board certified orthopedic surgeon and was on the teaching staff of the Havana Medical School. After a tough struggle with the language and American ways, he worked himself back up over a period of 8 to 10 years in family practice and back into orthopedic surgery. He is an excellent surgeon and has performed many orthopedic procedures in this whole area since the 1970s.
In parting from the phone he asked “Where is Ranger, Texas?” I told him. “What is your name again?” “Luther Gohlke” I replied. “I’m in family practice here. The orthopedic surgeon is Dr. A. E. Pino.”
Mrs. Calvert was secured in a wheel chair, made the flight okay with no pain medication. She was picked up and brought to Ranger General Hospital the same day by Ranger EMS. As I recall, she had a subcapital fracture, and a prosthetic devise was inserted the next morning by Dr. Pino and myself. Mrs. Calvert had an uneventful surgery and a full recovery.
The story unfolds when Mrs. Calvert took a bus tour to Tough as a nail, that was Mrs. Alice Calvert. Tennessee in the early ‘80s. The tour was sponsored by a local savings and loan company. While visiting a historic Her daughter is Marge Lamb who lived in Ranger for house in Nashville, she took a fall, injuring her good hip and many years. She now lives in the metroplex. was taken by ambulance to a large hospital in Nashville. After an evaluation, x-rays, etc it was determined that Mrs. Calvert had a broken hip. The doctors there advised her to have immediate surgery. She said “No! I’m going home to my doctors in Texas.” The injury took place in the morning and after an hour or two of pleading, threats, explanations of the urgency of the situation by doctors and friends. Mrs. Calvert stood firm on her decision – “No pain medicine and no surgery here!” She insisted. About 2:15 p.m. the same day a physician called me from the hospital. Mrs. Calvert had my name, address and phone number. He informed me of his and Mrs. Calvert’s dilemma. He was exasperated to say the least. He told me they had one of the finest facilities in the nation. Also he told me of Mrs. Calvert’s intentions, her demands to come home with nothing else to be done there. Also he informed me that the hospital was taking her to the airport, helping arrange a ticket for her and that she would arrive at DFW
Send Comments to: outofthepast@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
22Texas History
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County Line Business & Community Journal ~ January, 2011 v4.44
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This Week in Texas History
by BARTEE HAILE
As the Texas Ranger lieutenant prepared to fight 150 or more Indians with only 18 men on Nov. 10, 1837, he must have questioned the wisdom of his reckless decision to part company with his captain, William Mosby Eastland. Born in Kentucky and raised in Tennessee, Eastland was 28 in 1834, when he moved to Texas with his wife and children, two brothers and a cousin named Nicholas Mosby Dawson. The clan settled on a piece of land in what became Fayette County just three years later. With the political pot approaching the boiling point in the summer of 1835, Eastland waged war on the Wacos and Tawakonis as an officer of an all-volunteer company. Later that year, he switched from fighting Indians to fighting Mexican soldiers as a participant in the Siege of Bexar, the first major engagement of the Texas Revolution. Eastland at the Battle of San Jacinto might best be described as a ferocious tiger with an insatiable blood lust. Passing along Gen. Sam Houston’s order to stop the carnage, he reportedly said, “Boys, take prisoners. You know how to take prisoners. Take them with the butt of (your) guns…and knock their brains out.” Five months later, Eastland enlisted in the Texas Rangers, officially formed the previous November. Following a promotion to captain in December 1836, he tried to impose strict discipline on the unruly ranks, a very unpopular move. According to Walter P. Webb in his classic “The Texas Rangers,” the enlisted men “marched out, stacked their arms, told him to go to hell and they would go home.” Eastland managed to meet them halfway without losing their respect and remained in charge until 1838. In early October of 1837, the Kichais, a small Caddoan affiliate based near present-day Palestine, raided Fort Smith located at the junction of the Leon and Lampasas rivers. Capt. Eastland gave pursuit with his company of Rangers but after a few days lost the Indians’ trail. At this point, the discipline Eastland had worked so hard to instill broke down. A bitter argument with his second-in-command ended with the hard-headed lieutenant going his own way with half of the company, a grand total of 17 men. The breakaway Rangers picked up the Kichais’ trail a week or so later and tracked them north to present-day Archer County south of Wichita Falls. That was when the raiders, who numbered between 150 and 180, finally asked themselves why they were running from such a pitifully small handful of whites. The Battle of Stone Houses, so-called because of three rock mounds,
could have been avoided. Cherokee and Delaware traveling companions of the Kichais were close to arranging a peaceful solution, when a Ranger killed an Indian for his plug of tobacco. Seconds after the cold-blooded murder, the Kichais attacked. Two hours into the uneven battle, the Indians set fire to the prairie in order to force the Texans out in the open. The eight surviving Rangers escaped on foot in the smoke and walked all the way to the Sabine River. Eastland left the frontier corps a little while later and took part in his last Indian campaign, this time against the Comanches, in 1839. He then turned his attention to his long neglected family and also to politics, which resulted in his 1840 election as a Fayette County land commissioner. Eastland’s battlefield vacation was cut short by the troubles of 1842. In the second military incursion in eight months by the Mexican military, a strike force under the command of a French-born mercenary seized San Antonio. The ex-Ranger quickly came out of retirement, found plenty of men anxious to follow him and rode for the Alamo City. Eastland arrived too late for the Battle of Salado Creek, where a hastily organized force of Texans convinced the invaders to hightail it for home. But Eastland’s joy at the news of the victory was turned to inconsolable sorrow by a personal tragedy. A second group of Fayette County volunteers led by Nicholas Dawson had been surrounded and massacred by 500 Mexican cavalry only a mile and a half from Salado Creek. Besides his cousin, the dead also included a nephew hardly old enough to shave. Overcome with remorse and rage, Eastland was signed up for the punitive expedition commanded by Gen. Alexander Somervell. When President Houston’s man refused to go no farther than the Rio Grande, he plunged ahead with the unauthorized expedition that was taken captive en masse at the Mexican border town of Mier. As punishment for an ill-fated escape attempt, the prisoners were forced to draw beans from a pot. Eastland picked the initial black bean and was shot along with 16 other Texans who had the same bad luck. William Mosby Eastland rests today alongside his kinsmen and other Lone Star martyrs in the memorial tomb atop Monument Hill outside La Grange. It is worth the stop for all Texans who take their history seriously. Reprinted with permission of the author. Bartee Haile lives in Friendswood, TX and is the author of one of the most long established Texas History newspaper columns in the state. You can view more of his work at his website ~ http://www.twith.com Send Comments to: texashistory@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
23From The Backside ■
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County Line Business & Community Journal ~ January, 2011 v4.44 , Henry J. Clevicepin
The Brain Droppings of Henry J. Clevicepin By Henry J. Clevicepin Collaborated by Nellie Frecklebelly and Agnes & Ophilia Fudpucker
Well, we made it through Christmas here in Buzzard’s Roost. I got a big AMEN from our good friend Susie McEntire up in Oklahoma about putting the CHRIST back in Christmas. Now, for anybody that don’t know Susie McEntire…and I can’t imagine who would not know of her……she is one of the top… and the Buzzard’s Roost folks, think the best, Christian recording artist in America. She has a sister some people might have heard of named Reba McEntire. Now these ol Okie gals can sing and they are both prettier than a speckled pup under a painted wagon !!! Now ol Susie has a new husband, Mark, she’s had a year now, so we want to send out congrats to them. Susie had to go all the way up to Washington State to find her a good’in and she is trying to make a certified, card carryin Okie out of him, but every time she brings him back to Oklahoma, they stop’em at the Red River and run ol Mark through the dipping chute. It may take her awhile, but in the meantime they’re so happy they are running around grinning like an ol possum eatin dirt out of a hair oil bottle !!! And if you folks want to hear some good singin tune in to the Cowboy Church on RFD TV every weekend and you can hear ol Susie sing and hear her buddy Russ Weaver do a little preachin…and some of you Buzzard’s Roost heathens can probably use a little of that !!! You can also check Susie out and order her CD’s at www.susiemcentire.com Now speaking of an old friend. My ol buddy Jerry Reynolds, who does the Carpro Show on WBAP radio every Saturday morning, decided he would try out one them new fangled Nissan Leaf electric cars. Now he had go from Dallas over to FT Worth which was about 80 miles over there and back. Ol Jerry had read where you could go 90 miles on one charge of electricity so he thought he could make it and have about 10 miles left over. Well, ol Jerry’s got kind of heavy foot and he had heard that the Leaf would run 90 miles an hour so he started pushin it up to 60, then 70, then 80 and finally he’s sailing along at 90 miles per hour. Well, alls fine til he got to Ft Worth and the little screen comes on says you got 35 miles left……. From the Backside Sponsor
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hummm, he is 40 miles from home. So when he starts back he starts easing this little electric car along, cut off the radio and anything else that required electricity. He looked like a turtle in a funeral procession. He made it to about 2 miles from his office and the little screen came on and said the motor was shuttin down……now to you horse & mule people that meant it was spittin the bits out !!!!! Whoa !!! Stoppin!!!! It’s all over. Now I heard ol Jerry was seen out standing beside the road holding a sign that said “anybody got a can of electicity ????” So much for this modern technology….looks to me like them little electric car companies need to equip them suckers with a bicycle or a moped for emergencies !!! And just think, our dadblasted government is trying to push gasoline up to $5.00 or $6.00 a gallon so we will start driving them little electric cars that ain’t nothing but a glorified golf cart. My suggestion to ol Jerry is to get him a mule to ride !!! Ol Jerry tryin to get that little car to go 90 MPH reminds of the story ol Estee K. Bibbles, my mulebarn partner, was telling me about the Indian walking from town out to the reservation. An ol From the Backside Sponsor
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cowboy came along in a Cadillac and picked him up. The ol cowboy started driving faster & faster til he was doing a little over a 100 MPH and the ol Indian ask why he was going so fast???? The cowboy said” the faster it goes the cooler it runs!!!” Well, the next day the Indian was riding his horse out across the reservation and he went to whippin him, making him go faster & faster until the old horse fell over dead. The ol Indian got up off the ground…looked at the horse and said …”Ug, must have froze to death !!!” I think the darn government is about ride us taxpayers to death. I’m anxious to see what this new bunch of yayhoos we got comin in the first of January are going to do. Let’s see if they stand up for what they campaigned on or if the old politicians dip them in that magical water in Washington that turns them into complete idiots and makes them forget where they came from !!!!! Well, I got to go see if I can find ol Jerry a good gentle mule to ride !!!!! Words Of Wisdom from Henry J. : As one of my good buddy, Chris Hammack’s cartoon characters says “Never approach a bear from the front, a skunk from the rear and a woman from any direction !!!! You can email Henry J at : henryjclevicepin@aol.com Send Comments to: backside@mycounty-line.com
The County Line Business & Community Journal ● P.O. Box 1156 ● Eastland, Texas 76448 ● http://www.mycounty-line.com
Unexpected Surprise!! On Thursday, January 6th, at approximately 12:15pm, we received a telephone call from Baylor Transplant Services. This was THE phone call; the one that you don’t really know when to expect or really have any idea how you’re going to react when you get it. We had been told the call would come, but of course they can’t give you any idea when it will come. All you have to go on is your faith and hopes, and your gut feelings. You wake up every day and you say to yourself, “this could be the day.” At the end of the night, you go to bed thinking, “they could call tonight.” The next morning, it all starts over again. Even when you get the call, it may not be your turn -- you may be an alternate; in case the first choice doesn’t make it to the hospital in time or if the primary organ recipient doesn’t pass the final “cross match” test. But regardless if you are the primary recipient or an alternate, you have to report to the hospital as quickly as possible and go through the final testing just as though you are the one who eventually goes into the operating room. And much to our dismay, the hospital staff doesn’t really tell you if you are the primary choice or an alternate choice -again, you face it on faith that if it’s your time, then you will see it through. As it turned out, it was Ruthie’s time. She went into the operating room on Friday morning at 5am. Her surgery
lasted until after 11am. At 11:30am, her It’s not just me. surgeon came to speak with me and our She has a whole community praying for family. Ruthie came through the surgery her and for a quick recovery and a safe with flying colors! release from the hospital. As blessed as we are to have her, you can rest assured that we’ll take good care of Everything Changes... It’s a little hard to explain, but Ruthie’s life her. ily Mike Norris & Fam changed in those 6-hours so dramatically that it doesn’t quite seem real, yet. She now carries with her the hopes and dreams of two families. Through the loss of their 17-year old daughter, the organ donor, Ruthie’s life is now tied to a family that we may never know. She was 17-years-old and from the Dallas area. The case workers won’t tell us anything else about her; that’s literally all we know. Was she in high school? Was she working? Was she already a mother or a wife? Would she have been a friend to our daughter if they had known each other? How did she die? We don’t have any answers for those questions. We’re not even sure we should know the answers to those questions. We’re not sure we can even handle the answers to those questions. All I can say is this... For the family who gave up so much, please know that my Ruthie has the biggest heart and most beautiful spirit I have ever imagined. The closer I am to her, the happier I am, and she shares her happiness with all those around her. Follow Ruthie’s Progress online:
www.facebook.com/sherriesmom To learn more about organ transplants and donors please visit:
www.donatelifetexas.org
-or-
www.dneph.com
Donations may be made to:
Farmers & Merchants Bank
Ruth Norris Benefit Fund 930 East Main Eastland, TX 76448 (254) 629-3282