Archives for June 2001

Constable Jimmy Swinney filed a lawsuit in district court last Tuesday, June 19, over the salary set for him by Donley County.

According to documents in the county clerk’s office, the petition names as defendants County Judge Jack Hall; commissioners Don Hall, Ernest Johnston, Henry C. “Buster” Shields, and Bob Trout; and Donley County.

Constable Swinney would not comment on the case. His attorney, Chuck Hester of Canyon, would only say that they expect 100th District Judge David McCoy to recuse himself from the case. Hester said that would be the normal procedure in a case such as Swinney’s to avoid any potential conflict of interest.

County Attorney Pro Tem Kaye Messer said she sees no reason for Judge McCoy to recuse himself and said she would oppose any attempt to have him do so.

Messer met with the commissioners’ court Tuesday and discussed the case in closed session. At press time she said she was preparing the county’s response.

The petition filed by Swinney’s attorneys says the constable’s salary “is unlawful and such conduct is arbitrary and unreasonable on the part of Defendants and constitutes an abuse of discretion.”

Swinney filed as a write-in candidate for constable of Precincts 1&2 on September 7, 2000, and was elected without opposition with 52 votes during the November 7 election, according to published reports. The office had been vacant since 1969.

In December, the county set Swinney’s salary at $3,170. County officials at the time said they based the salary on the number of warrants and citations Swinney would serve for Justice of the Peace Jimmy Johnson. They also said Swinney’s services to police Precincts 1&2 would not be needed based on comments by then Sheriff-elect Butch Blackburn.

The salary for the constable in Precincts 3&4 is $17,146.95.

Messer said Swinney’s attorneys sent a letter of demand to the county this spring seeking a salary equal to the Precinct 3&4 constable’s. The county did not respond to that letter.

A June 19 opinion obtained by Donley County from Texas Attorney General John Cornyn says constables’ salaries are within the discretion of the commissioners’ court but subject to judicial review.

The opinion says a court ruling found that Uvalde County could not limit a constable’s salary because, among other things, the constable knew there was no salary set for the office or the constable’s law enforcement services were not necessary.

The Attorney General also said salaries of constables may differ if the circumstances in each precinct reasonably required different salaries.

“I’m very comfortable with the county’s position,” Messer said.

Swinney’s petition asks the court to command the county set and pay a reasonable salary for his term. The petition also seeks back pay with pre-judgment interest, attorney fees, and punitive damages.

Deputy Kelly Hill with Shekima Johnson and her daughter Aunestie.

Shekima Johnson of Clarendon didn’t think there was any big hurry when she woke up having contractions in the early morning hours of June 6. But just minutes later she delivered her baby into the waiting hands of Donley County Deputy Kelly Hill.

When the contractions started, Johnson’s sister, Lakeva, asked her if she wanted to the call the ambulance. Johnson said “no,” went into the bathroom, then came out and told her sister to make the call.

Hill was patrolling around the Clarendon Public Schools when the dispatcher called that a woman was in labor. Beating the ambulance to Johnson’s apartment, Hill was met by her sister who by that time had seen the baby’s head.

“She told me, ‘You’ve got to get in there!’” Hill said. “I told her the ambulance was on its way, and she said, ‘You just get in there; I’ll watch for the ambulance!’”

Hill arrived on the scene at 4:18 a.m.  Aunestie Alexandria Johnson was born at 4:20.

The deputy had never delivered a baby before, but he has witnessed several births while making runs on ambulances and in hospitals.

“I didn’t do much, although she did try to quit on me when the baby was halfway out,” Hill said. “I told her, ‘You can’t quit now; You’ve got to keep pushing.’”

Hill cleared the baby’s airway and stimulated it to take its first breath. About two minutes later the ambulance crew showed up with an OB kit, and Hill helped paramedic Debra Hill cut and clamp cord.

“I thank him a lot,” Johnson said. “We didn’t know what to do. We didn’t know anything about clearing the airway. He saved my baby’s life.”

Aunestie – pronounced “honesty” – was 21” long and weighed 6 lbs, 6¾ oz. and is in perfect health. She missed her expected arrival date of June 10 by just four days.

Johnson has three other children – two girls and a boy ages two to four. She was in labor with the first two for 12 hours and for six hours with the third. This time she says it only took 20 minutes.

The siblings were staying with their grandmother at the time of the birth, but Johnson’s nieces and nephews, ages six to eight, were present for the delivery.

“It was a big excitement for them,” she said.

Hill, who has been a fulltime deputy for two years and had been a reserve deputy for 17 years, says he’s just glad everyone is healthy.

“Anytime a child is born, it’s an act of God’s nature,” he said. “I was just there.”

Johnson disagrees with his modesty.

“You helped out a lot, and I appreciate it,” she told him. “She would have died if you hadn’t been there.”

Both mother and baby were examined at a hospital and released the next day. They are resting at home and grateful for Hill’s assistance.

Plans are set for Clarendon’s 123rd annual Saints’ Roost Celebration to be held next week, and actor Barry Corbin will lead this year’s parade on Saturday, July 7.

Corbin, who has numerous motion picture and television appearances to his credit, had a regular role on the long-running series Northern Exposure and played the part of Roscoe in the Lonesome Dove mini-series. He grew up in Lamesa, Texas, attended high school in Lubbock, and went to college at Texas Tech University.

Corbin also is a star of stage performances, including the one-man show “Charlie Goodnight’s Last Night,” which he co-wrote with Andy Wilkinson.

This year’s celebration features all the old favorite features, including the Shriners Barbecue, the Depression Lunch, Henson’s Turtle Race, and the Arts & Crafts Fair. A few changes have occurred in this year’s celebration, but there will still be plenty of activities for young and old to enjoy during the three-day celebration.

The celebration begins on Wednesday, July 4, in downtown Clarendon with the Bicycle Parade at 10:00 a.m. Kids can clip the registration form from last week’s Enterprise and mail it to the Chamber of Commerce, or they can sign-up the day of the parade at Eads Furniture & Appliance or the Chamber of Commerce Office. Line up will begin at 9:15 a.m. by the Post Office.

The fun continues on the Fourth at Thunder Junction with the Clarendon Tourism Council. They will serve sloppy joes and ice cream beginning at 1:00 p.m. while everyone enjoys the water slide, go carts, and miniature golf. Kids can pop their own fireworks from 8:00 to 10:00 p.m. in a designated area at Thunder Junction. Parental supervision is required. 

The Donley County Horse Club will get Friday started with their Stick Horse Rodeo. The rodeo will be held in the vacant lot across from the Post Office from 9:00 to 11:00 a.m. The rodeo is a fun event for all children nine and under. There will be an entry fee of 50¢ per event.

The annual Depression Lunch will begin at 11:00 a.m. inside the Main Street Ministry. The First Baptist Church will help serve the beans and cornbread for a low price. They will also be selling drinks and delicious desserts.

The annual Rodeo has changed this year to a Ranch Rodeo. The competition begins at 7:00 p.m. on Friday and Saturday night at the rodeo ground with 24 different teams from ranches around the area.

Local teams include Cook Ranch, O’Brien Ranch, Finch Ranch, Running H Ranch, Matthews/Darsey Ranch, High Card Ranch, Sombrero Cattle Company, Spring Creek Ranch, Hall Ranch, JA Ranch, 3H Cattle Company, I Bar Ranch, Bar W Ranch, Spade Ranch, and the RO Ranch.

Ranch rodeo events will include Bronc Riding, Wild Cow Milking, Calf Branding, Team Doctoring, Team Sortin’, and the Open Wild Mare Race.

A junior calf and steer riding contest for kids ages 4-12 will be held each night along with the calf scramble for kids ages 12 and under. A free $200 beef certificate will be drawn each night. On Saturday night the drawing for the National Finals Rodeo/Las Vegas trip and the custom spurs by Wade Brannon will be held.

The rodeo dance will begin at 10:00 p.m. at the Panhandle’s largest open-air dance floor at the Rodeo Grounds with Young Country Friday and Saturday night. The dance concludes at 2:00 a.m.

The celebration gets in full swing on Saturday morning with the VFW breakfast at 7:00 a.m. at the VFW Hall. The RHAA Ranch Horse Competition begins at 8:00 a.m. at the rodeo grounds. The event is sponsored by McLean Feedyard and Clarendon Outdoor Entertainment Association.

The annual fair on the courthouse square has been moved to the City Park due to construction beginning on the Donley County Courthouse. The relocation lends itself to the new “Art in the Park” designation.

The fair begins at 10:00 a.m. and will wrap up at 4:00 p.m. If you would like to be a part of the action by exhibiting at the fair, contact the Donley County Extension Office at 874-2141 to reserve a space.

The Old Settler’s Reunion will begin at 10:30 a.m. at the City Park. The Shriners will begin serving a delicious barbecue lunch at 11:00 a.m. The annual Lions Club Cow Patty Bingo will be held at 1:30 p.m. also in the park.

The line up for the parade will begin at noon two blocks west of the City Park. The parade route will be from the baseball fields on Seventh Street to Kearney, then up Kearney to Third Street, west to Jefferson, and then back to the ball fields. Deadline for the parade entry forms is Friday, July 29. For more information on the parade, call 874-2421 or 874-3412.

Henson’s annual Turtle Race will be at 3:30 p.m. on Saturday afternoon. Sign-up your turtle at the store from now until the race day. After the kids race their turtles, the VFW will raffle their shotgun.

The Texas Press Association recognized The Clarendon Enterprise for its community service efforts during the TPA’s 122nd annual Summer Convention last Saturday in El Paso.

The local newspaper won the Community Service Award in the weekly division based on its coverage of the restoration of the 1890 Donley County Courthouse.

The contest was judged by the New Mexico Press Association. Other winners for community service were The Madisonville Meteor (second), the Westlake Picayune (third), and the Hansford County Reporter-Statesmen (fourth).

“We were very pleased to receive this award,” said publisher Roger Estlack. “Our paper remains dedicated to seeing the courthouse restored to its former glory, and we want to thank County Judge Jack Hall and the commissioners for their dedication to this project and for working with us to communicate the news to local citizens.”

Previously, the Enterprise has been recognized by Preservation Texas and the Panhandle Press Association for its work on the courthouse project.

The local paper was also recognized in four categories in Division 8 of the TPA’s Better Newspaper Contest. The Enterprise received second place in Advertising and fourth place in Feature Writing, News Writing, and General Excellence.

Division 8 includes papers with circulations between 1,201 and 2,000. Last year, the Enterprise competed in Division 9 for papers with circulations of 1,200 or less.

“As our paper grows, the competition gets stiffer,” Estlack said. “We’ll just have to kick it up a notch to keep bringing home the state awards.”

More than 180 newspapers submitted 1,078 entries in this year’s Better Newspaper Contest. The top newspaper in Division 8 was the Benbrook Star.