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Archives for June 2019
Totally Locally Winner
John Willis Hayes
John Willis Hayes, 24, formerly of Estelline died serving our country on January 4, 1945 in Belgium during the Battle of the Bulge in World War II. The Defense POW/MIA Accounting Agency announced U.S. Army Private First Class John W. Hayes, killed during World War II, was accounted for on April 17, 2019. Graveside Services with full US Army Honors were held at 2:00 p.m. Wednesday, June 19, 2019, in Fairview Cemetery in Memphis.
Arrangements were by Robertson Funeral Directors of Memphis.
John W. Hayes was born June 26, 1920, in Paris, Texas, to Joseph Holman Hayes and Lydia Mae Burris Hayes. He was a resident of Hall County for 12 years before being called to serve our country. He was married to the former Lois Storey at the time of his death. He was a member of the First Baptist Church of Estelline and Estelline Odd Fellows Lodge #625. His goal was to start a trucking company when he returned home from war.
Private First Class, John W. Hayes entered the military from Texas and served in Company M, 3rd Battalion, 335th Infantry Regiment, 84th Infantry Division, in the European Theater during World War II. On January 4, 1945, he was killed in action hear Magoster, Belgium. He was awarded the Bronze Star, Purple Heart, Good Conduct Medal, European African Medal, World War II Victory Medal, Combat Infantryman Badge during his time in the United States Army. He was a good solider, was well thought of, and was looked up to.
John was preceded in death by his parents; his brother, Billy Wayne Hayes; three sisters, Ellen Hill, Norma Jean Perkins, and Linda Keever; and a daughter-in-law, Jannell.
His survivors include, two sons, Jarvis Hayes of Trinidad, Texas, and Vietnam veteran Johnny Hayes of Mount Vernon, Texas; a brother, retired Vietnam veteran, Bobby Hayes and wife Paula of Childress; two sisters, Dorothy Huckaby of Amarillo, Texas and Jimmie Nell Tallon of Fort Worth; four grandchildren, Mike Hayes, Greg Hayes, Justin Hayes, and Jeffery Hayes; and two great grandchildren.
Jimmie Carl Carter
Jimmie Carl Carter, 62, of Pampa passed away Friday, June 14, 2019, in Amarillo.
Services were held June 18, 2019, at Carpenter’s Church with Rev. Jim Sinyard, pastor, officiating. Burial will be in Waurika, Oklahoma at a later date under the direction of Dudley Funeral Home of Waurika. Local arrangements are under the direction of Carmichael-Whatley Funeral Directors of Pampa.
Carl was born on January 19, 1957, in Hobbs, New Mexico and graduated from Clarendon High School in 1975. Carl enjoyed doing crossword puzzles, watching television and going to car shows. He was a member at Carpenter’s Church. Carl was a great man and loved by many.
Carl was preceded in death by his grandparents and his mother, Beth Davis.
Survivors include his father, Jim Carter and wife Pat of Norman, Oklahoma; two brothers, Hollie Carter of Pampa and Tim
Carter of Wichita Falls: and numerous aunts and uncles.
Sign the online guest register at www.carmichael-whatley.com
Summer on the Slab set for June 22
It’s time to dance the night away at the second annual “Summer on the Slab” benefit concert in Clarendon Saturday, June 22.
Gates and a burger bar open at 5:30 followed by live music and open air dancing on the COEA Slab at the rodeo grounds from 6:00 to midnight.
Ed Montana will serve as master of ceremonies and will open the entertainment with musical performances scheduled to follow from the Gary Nix Band, the Buster Bledsoe Band, and the Drake Hayes Band.
A cowboy breakfast will follow the dance at 12:30 a.m.
Proceeds benefit the St. Mary’s Catholic Church Building Fund. St. Mary’s is the oldest Catholic church in the Texas Panhandle. The building was damaged beyond repair by an automobile accident, and the congregation is working to rebuild their historic church.
Tickets are $20 for the Summer on the Slab. Bring your own cooler for only $10 more, and VIP tickets are also available for $50 each and include the gate fee, waiver of the cooler fee, and access to the Coors VIP Tent. Families are encouraged to attend, and children three years old and under get in free.
Major sponsors for the event are Reed Beverage, Floyd’s Automotive, Charles Lynch Architect, and the Clarendon Outdoor Entertainment Association.
For more information, check out the “Summer on the Slab” Facebook event page or call Chriss Clifford at 806-206-6767.
Local cities’ sales tax revenue grow
All three Donley County municipalities posted higher sales tax revenues this month when Texas Comptroller Glenn Hegar delivered June allocations last week.
The City of Clarendon, coming off a record sales tax allocation last month, posted revenue of $31,879.42 for its June allocation, reflecting a 6.05 percent increase over the same period last year.
Clarendon is now 6.19 percent ahead for the calendar year-to-date with 2019 revenue totaling $213,203.88 so far this year.
Hedley was up 1.44 percent for the month at $709.14 with a year-to-date total at $5,485.86, up 12.91 percent.
Howardwick’s June allocation was $1,176.85, which is an increase of 24.72 percent compared to last June. That city is now running 6.96 percent ahead for the year with revenue of $6,825.11.
June allocations are based on sales made in April by businesses that report tax monthly.
Statewide, Hegar delivered $782.1 million in local sales tax allocations for June, 10.1 percent more than in June 2018.
Man claims state’s laws do not apply
The Donley County Court met in Judge John Howard’s office Tuesday afternoon for a pre-trial hearing in the case of a man who is fighting a traffic citation by saying the state’s laws do not apply to him.
County Attorney Landon Lambert said Caleb Nathaniel Hudson was given a citation for speeding on December 20 near Mile Marker 166 on US 287 west of Clarendon.
Lambert said a jury was assembled for a trial in the court of Justice of the Peace Pam Mason last month but nothing happened because Hudson objected and said he wanted to have a trial “on the record.”
During that court appearance, Hudson was found in contempt, jailed for a few hours, and fined $50. He was also compelled to enter a plea.
“He could have entered any plea,” Lambert told the Enterprise. “Guilty, not guilty, or no contest – but he had to enter a plea. He pled not guilty.”
During Tuesday’s county court hearing on the record, Judge Howard explained his court’s legal jurisdiction in the case. Hudson objected, and Howard asked the defendant, who was representing himself, whether or not he believed the law applied to him as the defendant.
Hudson responded that the law of the US Constitution applies to him but the laws and statues of the state do not. He also repeatedly asked for his rights under the “laws of the Republic” as a “free man” and asked for an “Article Three court.”
Judge Howard explained that Article Three defines federal courts under the United States Constitution but that county court, which has jurisdiction in the Texas Transportation Code, is defined by Article Five of the Texas Constitution.
“I believe I have a right to the laws of the Republic,” Hudson said.
Howard ruled that the laws of Texas apply to the defendant. Hudson objected and was overruled. The judge also explained how court proceedings would work in a jury trial in county court.
The defendant got into a disagreement with the Lambert about whether or not the defendant had entered a not guilty plea. At one point, the county attorney declared Hudson had “wasted enough time” and asked the defendant if he needed to be sent to a mental health facility.
Judge Howard told the defendant he was “making this a lot more complicated than it should be,” and said that, from his writings, the defendant was trying to apply the Uniform Commercial Code when the Texas Transportation Code applies.”
When Howard said Hudson was driving at the time of the alleged violation, Hudson claimed he wasn’t “driving,” he was “traveling,” and “the Constitution guarantees my right to travel.”
He also claimed that case law says traffic citations can’t be heard by criminal courts. Howard and Lambert both challenged him to produce such case law.
“You’re telling me that every court in the State of Texas is doing it wrong?” Howard asked.
Later, Judge Howard further explained how a jury trial will be conducted.
“We will not argue matters of law before the jury,” Howard said. “We will not waste their time. The trial will be on the question of if Caleb Hudson…”
“I’m not Caleb Hudson,” the defendant said, cutting off the judge.
“If you’re representing someone else, then you are practicing law without a license, so I’m not accepting that,” Howard said.
The judge also said if Hudson attempted to argue matters of law that he had already ruled on in front of the jury, he would warn him once and then find him in contempt.
The court set Hudson’s jury trial for Tuesday, August 6, at 9 a.m.
Donna Jane Hicks
Donna Jane Hicks, 75, of Clarendon, died on Tuesday, June 11, 2019 in Amarillo.
Services will be held at 10:00 a.m. on Friday, June 14, 2019, at the First United Methodist Church in Clarendon with Rev. Buddy Payne, officiating. Burial will follow at Citizens Cemetery.
Visitation will be held on Thursday, June 13, 2019, from 5:00 p.m. to 7:00 p.m. at Robertson Funeral Directors in Clarendon.
Arrangements are by Robertson Funeral Directors of Clarendon.
Donna was born on September 23, 1943, in Wichita Falls to Allen Homer and Mary Athlyn Drennan Estlack. She married Larry Hicks on June 8, 1985, at the First United Methodist Church in Clarendon, where she was a life-long member. She was resident of Hart before moving back home to Clarendon, where she resided for 34 years. She was a member of the Order of the Eastern Star. She was a gifted piano and organ player. She loved spending time with her family, especially her kids.
She was preceded in death by her parents; a son David Hicks; and a brother Allen Homer Estlack, Jr.
Survivors include her husband; a son Kyle Allen of Anahuac; four daughters, Kari West of Clarendon, Sherry McEwen and husband Sketer of Amarillo, Paula Butler and husband James of Amarillo, Misty Kelly and husband Dee of Amarillo; 12 grandchildren, Alyssa Hodges, Kaleigh West, Jéan West, Lainie Allen, Lizzie Allen, William Allen, Tymberlie Tidwell, David Bednorz, Mystie Jackson, Cody Anderson, Keirstyn Kelly, Keiryn Kelly, Colton McEwen and partner Edwin, Clifton McEwen and wife Julie, and Ceyton McEwen; and 10 great-grandchildren John McEwen, Chloe McEwen, Brayden Lewis, Blayze Tidwell, Braxxyn Tidwell, Taylor Tidwell, Zoee Tidwell, Carli Tarango, Emileigh Parsley, and Paylin Hodges.
In lieu of flowers the family suggests that donations be sent to the First United Methodist Church in Clarendon.
Sign our online guest book at www.RobertsonFuneral.com.
Services set for civic leader, businessman Paul Bivens
Local businessman and civic leader Paul Bivens passed away Saturday, June 8, 2019, in Clarendon at the age of 73.
Services will be held in the First United Methodist Church on Thursday, June 13, at 2:00 p.m. with Rev. Buddy Payne officiating. Visitation was from 5:00-7:00 p.m. on Wednesday at the Robertson Funeral Directors.
Arthur Paul Bivens was born in Woodward, Okla., to Harry and Grace Bivens on November 11, 1945, and grew up in Seiling, Okla. He graduated from Seiling High School and went to Southwestern Oklahoma State University in Weatherford, Okla., where he graduated in 1970 with a Bachelor’s of Science in Pharmacy. While in Weatherford he met and married the former Elmonette Branigan, with whom he celebrated 50 years of marriage in December of 2018.
Bivens began his career in pharmacy in Arlington, Texas, before moving to Clarendon in 1976 with the opportunity to purchase Tunnell Pharmacy. He and Elmonette reopened the business as Bivens Pharmacy and operated it at the corner of US 287 and Kearney Street until 1996 when they opened the Clarendon Outpost, which has been called a beacon of light to the masses.
An active member of the community, Bivens served Clarendon as the chairman of the Salvation Army for more than 30 years. He was a 43-year member of the Clarendon Lions Club and former president of the club and a 37-year member of Clarendon Lodge #700 AF&AM. He served for a time on the Clarendon Board of Aldermen, and he also devoted much time in support of the Boy Scouts.
Bivens is remembered for having lived life to the fullest. He was an avid scuba diver and especially loved going to Cozumel, Mexico, with his friend Kenneth Brady and Mike Branigan. He loved to wakeboard and snow ski, and he worked to teach countless others to do the things he loved.
He was a faithful member of the Clarendon First United Methodist Church, serving on the board and as youth sponsor for many, many years. He loved singing in the choir.
Bivens had a lifelong love of learning, and more recently, of dominating Freddy Gray at ping pong, in memory of Don Smith, through the power of profanity.
He is survived by his wife, Elmonette Bivens; two sons, Stephen Bivens and wife Katrina Leathers of Clarendon and Scott Bivens and wife Alyssa of Lubbock; one brother-in-law Michael Branigan of Memphis; a sister-in-law Dorothy Bivens of Amarillo; nine grandchildren; four nieces and nephews and their families; and a town full of people whose lives he touched over the years.
In lieu of flowers, the Bivens family suggest donations be made to First United Methodist Church in Clarendon or a charity of your choice.
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