This Week

Although little activity can be seen on the outside, the restoration of the 1890 Donley County Courthouse is making great gains on the interior of the building.

The courthouse is running on its new electrical supply, and the air conditioning should be operational by August 1, according to Phoenix 1 project manager Stephen Dodge, who spoke to Volz & Associates architects and officials with the Texas Historical Commission (THC) during a construction conference last Tuesday.

Dodge said his company wants to see the final selections made for paint colors made this week and noted that the THC has been slow to approve new light fixtures for the building. Fixtures and finishes must be similar to styles popular in 1913 – the date the county chose to restore back to.

Openings for lighting and ventilation in the ceiling of the district courtroom are ready for THC approval. The first and second floor plastering is finished, and trim work is proceeding.

The roof cannot be completed until the brick and stonework is finished since restored chimneys have to be built and part of the roof ties into the stonework.

The crumbling brick found behind the cornices on the west and south is currently being addressed, and Phoenix President Dale Sellers reported on his efforts to find qualified masons to make those repairs at a reasonable cost.

Phoenix officials said they believed enough materials could be salvaged from behind the cornice and other areas to use original brick on the main façade of the building. New brick would be used on the other sides of the courthouse.

In other courthouse news, the fundraising effort continues. To date, a total of $140,024 has been given to the project. If you would like to help with the restoration, you may send your donation to the Donley County Courthouse Preservation Fund, PO Box 825, Clarendon, TX 79226.

A quick investigation by the Donley County Sheriff’s Department led to the Saturday arrest of two local men for the burglary of Henson’s jewelry store Friday night.

Jason Curry, 22, and David Deatherage, 19, were in the Donley County Jail awaiting arraignment at press time on burglary charges.

Sheriff Butch Blackburn said the two men entered Henson’s about 4 p.m. Friday. Curry distracted the shop owners while Deatherage hid in the attic. He came downstairs about 10 p.m. after the store was closed and cleared out several jewelry cases before exiting about 10:30 p.m.

A.R. Henson said he noticed the back door of the business ajar when he came to work Saturday and then found the mess the suspects left.

An investigation by the sheriff’s office and Texas Ranger Gary Henderson was undertaken, and Curry and Deatherage were arrested about 5 p.m. Saturday. The stolen merchandise was recovered, Blackburn said. Both suspects confessed to the crime.

The 124th anniversary Saints’ Roost Celebration will go down in history as the “soggy celebration” as storm clouds dumped more than two inches of rain but failed to dampen the spirit of the festivities.

Old-timers say they have no recollection of such a heavy rain ever falling on the Fourth of July. Tommie Saye, official observer for the National Weather Service, recorded half an inch of rain by 8 a.m. on July 4 and another 1.74” by the next morning.

The early Thursday morning rain drove many craft fair vendors to the indoors at the Clarendon Community Center, some vendors didn’t show up at all, but a handful of others braved the elements and set up at City Park. The day started off with wet grass and occasional sprinkles as celebration-goers began to congregate at the park.

During the Old Settlers Reunion, P.T. Maxey, age 84, was honored as the oldest person in attendance and having lived in Donley County the longest. Peewee and Jerry Bowen of Dickenson were recognized for having traveled the greatest distance.

The Al Morrah Shrine Club went forward with the annual barbecue, serving 856 people despite the periodic downpours that started just before noon. Fortunately the Shriners had rain insurance, which will help their financial situation. Funds from the barbecue are used in conjunction with the Khiva Temple of the Shrine in Amarillo to help pay for transportation of kids to the Shriners’ burns and crippled children’s hospitals, both of which are Masonic charities operated free of charge.

The Lions Club’s annual Cow Patty Bingo was also carried out in the rain. The calf exhibited more sense than the Lions or the viewers and was reluctant to leave its dry trailer. But it was coaxed out and eventually did its deed on the $50 square with Roberta Pittman’s and Kirsten Bertrand’s names on it.

At 2 p.m. the phrase “raining on my parade” was taken to a new level as the precipitation really cut loose. Exhibiting true rugged pioneer spirit, the folks in the parade marched forward. Many viewers took shelter as much as possible while kids reportedly tried to scoop up candy before it was washed away.

In the Bicycle and Tricycle division, first place winners were Taylon Knorpp, Tres Hommel, and Chris Tiedeman. Second place went to Hannah Hommel, McKinzie Ivey, and Nick Tiedeman. And third place winners were Taylor Perryman, Kendra Davis, and one child whose name and number were washed off the judge’s paper. Each first place winner got $20 from the Donley County State Bank, second place received bike helmets from Duckwall’s and Jim Blackerby, and third place was awarded basketballs from Saye’s.

All bicyclists were supposed to receive a medal from the Chamber of Commerce. If you didn’t get yours, go see Terry at Saye’s.

The CHS Cheerleaders won the Float Division, and Greenbelt Rural Electric Coop took second. The Boys Ranch Riding Club was first place in the Riding Unit Division with the Donley County Horse Club in second place. The Antique Car Division was won by Troy Klepper, and Redell Johnson was second.

The Miscellaneous Division was won by the Clarendon Country Club with its golf carts, and second place went to the Christian Motorcyclists from Christian Heritage Church in Amarillo.

The celebration continued with the Jackpot Bullriding Contest on Thursday night at the Clarendon Outdoor Entertainment Association (COEA) Arena followed by a dance hosted by KEFH.

During the dance, the radio station gave away a pickup to one of 8,000 entrants who registered during a 12-week promotion. The lucky winner of the 2002 Chevy S-10 was Chanla Dixon of Memphis. She picked up her truck the next day at Chamberlain Motor Company, which coincidentally was where she had registered for the drawing. Sponsors of the drawing were KEFH, Chamberlain’s, Knorpp Insurance Agency, and the Donley County State Bank. Seven other finalists received Florida vacations.

The COEA Ranch Rodeo was held July 5 and 6 and was reported to be well attended considering the weather. The Brent Ranch was the overall winner of the competition with the JA Ranch, the Rafter S, and the Running H taking the second through fourth place positions respectively.

Event winners each night were as follows: Friday Bronc Riding, Running H; Saturday Bronc Riding, Brent Ranch; Friday Team Doctoring, Finch/Thornberry Ranch; Saturday Team Doctoring, Matthews/Darcy Ranch; Friday Wild Cow Milking, JA Ranch; Saturday Wild Cow Milking, Rafter S; Friday Team Sorting, JA Ranch; Saturday Team Sorting, Brent Ranch; Friday Branding, Running H; and Saturday Branding, Rafter S.

Top Horseman was Johnny Hill of the Hall Ranch, and Top Hand was Powder Horn of the JA Ranch.

In the junior events of the rodeo, Cody Dryden won the steer riding on Thursday, and Kaleb Shadle won on Friday and Saturday and was the Overall Winner. Corey Dryden won the calf riding on Thursday, Brittany Hargrove had the best score on Friday, and Jayson Pigg won on Saturday and was the Overall Winner.

The Chamber of Commerce trip to Las Vegas was won by Kenny Black. Bill Stavenhagen and Markeeta Howard won the beef drawings on Friday and Saturday respectively. Lois Rowland won the Florida vacation drawing to benefit Macy Judd.

Other events during the celebration included a Stick Horse Rodeo and a Depression Dinner on Friday morning. The annual Henson’s Turtle Race was held Saturday with Andy Davis, Joseph Jaramillo, and Chris Ariola running the top terrapins this year.

FORT WORTH- Texas and Southwestern Cattle Raisers Association has asked the U.S. Justice Department to seek a stay of a district court injunction that would terminate collection of the beef checkoff effective July 15.

The injunction was issued following a June 21 ruling by South Dakota Federal District Court Judge Charles B. Kornmann that the Beef Promotion and Research Act and checkoff “are unconstitutional and unenforceable” because they violate the First Amendment of the U.S. Constitution.

“It is imperative that the Department of Justice work quickly to request the Eighth Circuit Court of Appeals to grant a stay in this case pending appeal, and if possible to seek an expedited appeal of this decision,” TSCRA President John Dudley told U.S. Solicitor General Theodore B. Olson.

“Although the decision issued by the federal district court applies only to the beef program, it increases the threat to all similar initiatives by other industries such as cotton, soybean, honey, and dairy programs,” Dudley said.

Dudley explained that the majority of TSCRA members have small and midsize operations.

“These businesses are not large enough to advertise their own products,” he pointed out, “but by joining together with other cattlemen, they can enhance demand for their own products.

“The loss of these programs would be a huge blow to the livelihoods of thousands of family farms and ranches and add to the economic challenges facing rural America.”

Established as part of the 1985 Farm Bill, the checkoff assesses $1 per head on the sale of live domestic and imported cattle and a comparable assessment on imported beef and beef products.

The assessment became mandatory when the program was approved by 79 percent of producers in a 1988 referendum vote.  Since then, support for the program has remained above 60 percent, according to producer attitude surveys by three different companies independent of the industry.

States retain up to 50 cents on the dollar and forward the other 50 cents per head to the Cattlemen’s Beef Promotion and Research Board, which oversees the national program, subject to USDA oversight.  Checkoff revenues may be used for promotion, education, and research programs to improve the marketing climate for beef.

Termination of checkoff collections threatens funding for critical research on preventing E-coli and other food borne bacteria, demand-building promotions such as the Beef, It’s What’s for Dinner ads, and Beef Quality Assurance programs nationwide, to name a few.

The free Texas Beef Quality Program education programs conducted by TSCRA are partially funded through checkoff funds received from the Texas Beef Council.

The challenge to the beef checkoff’s constitutionality was raised by the Livestock Marketing Association, the Western Organization of Resource Councils and several individual producers.

Defendants in the case are the U.S. Department of Agriculture, the Cattlemen’s Beef Promotion and Research Board, which administers the checkoff, and the Nebraska Cattlemen, Inc., which is leading a group of supportive producers who have intervened on behalf of the defendants.

Citing producer unrest over the direction and administration of the beef checkoff, the Livestock Marketing Association initially sought a producer referendum on whether the program should continue.  In 1998, the group began a drive to collect the signatures (10 percent of eligible producers) required to call a referendum.

In November 1999, LMA submitted 126,000 signatures to USDA. In December 2000, with the signatures not yet validated, LMA filed a lawsuit in a South Dakota federal district court to compel USDA to immediately order a referendum.  The lawsuit also challenged the use of “producers communication funds” to promote the checkoff program.

In January 2001, following verification of the signatures by PricewaterhouseCoopers, a private accounting firm, then Secretary of Agriculture Dan Glickman announced that there were insufficient valid signatures and declined to order the referendum.

The lawsuit was still pending and took a drastic change of course when the U.S. Supreme Court ruled in June 2001 that the mushroom checkoff is unconstitutional under the First Amendment.

In August 2001, LMA and other plaintiffs filed an amended complaint, asking the federal district court to declare the beef checkoff unconstitutional because it violates producers’ First Amendment rights to freedom of speech and association.

“We are extremely disappointed with Judge Kornmann’s decision and its severity,” TSRCA Executive Vice President Matt Brockman told media representatives.

“We expect USDA and the Justice Department to appeal and hope a stay will be issued on the injunction on collection of fees.  The program should be able to continue during appeal process.”

Brockman said it was possible that the case would go all the way to the U.S. Supreme Court and noted that prior attempts to undermine the constitutionality of the beef checkoff have failed.

“The beef checkoff has proven over the years to expand consumption of beef both domestically and in other countries.  Today, more than ever, consumers know more about the nutritional benefits, convenience and ease of preparation of beef.

“It would be disastrous not to have this very effective program!”

Texas and Southwestern Cattle Raisers Association is a 125-year-old trade organization whose 13,2000 members manage approximately 5.4 million cattle on 70.3 million acres, primarily in Texas and Oklahoma.

Floats are being decorated, cowboys are warmed up for competition, and the barbecue is nearly ready as Clarendon and Donley County prepare for the 124th annual Saints’ Roost Celebration being held this week in observance of America’s Independence.

The celebration begins on July Fourth at City Park with the Arts and Crafts Fair, the Old Settlers’ Reunion, and a cake walk. The Al Morrah Shrine Club will begin serving a delicious barbecue lunch at 11:00 a.m, and the annual Lions Club Cow Patty Bingo will be held at 1:30 p.m.

The Bicycle/Tricycle Parade will be held right before the big parade at 2:00.  Kids will check in at 1:15 at City Park and will line up at 1:45 on Kearney Street beside the park.  Kids 12 years old and younger will ride for only one block by the park so they can enjoy the rest of the parade.

The annual Fourth of July Celebration Parade will kick off at 2:00. 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.

The Clarendon Outdoor Entertainment Association will sponsor a Jackpot Bullriding contest at the Rodeo Grounds Thursday evening beginning at 7:30 p.m.

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.

The annual Calf Scramble and Wild Mare Race will also be held each night of the rodeo. Prizes will be given for kids ages 12 and under.

KEFH will host a free dance on the slab at the rodeo grounds on Thursday beginning at 8 p.m.

The fun continues on Friday, July 5, with the Donley County Horse Club Stick Horse Rodeo. The rodeo will be held in the vacant lot across from the Post Office beginning at 10:00 a.m. The rodeo is a fun event for all children nine and under. There will be a small entry fee for each event.  This is a fund-raiser for the Horse Club, and all fees will help support their activities.

The annual Depression Lunch will begin at 11:00 a.m. on Friday inside the Main Street Ministry Center. The First Baptist Church will help serve the beans and cornbread for a low price. They will also be selling drinks and delicious desserts.  Entertainment will be provided by praise bands from the Clarendon College Ministry and local churches.

Clarendon Outdoor Entertainment Association and McLean Feedyard will present the annual Ranch Rodeo beginning at 7:00 p.m. on Friday and Saturday night at the rodeo grounds with 20 different teams from ranches around the area.

Local teams include O’Brien Ranch, Finch/Thornberry Ranch, Matthews/Darsey Ranch, Hall Ranch, JA Ranch, 3H Cattle Company, Bar W Ranch, Peace Pipe Ranch, Rafter S Ranch, and the RO Ranch.

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

The Chamber of Commerce will give away the trip for two to the National Finals Rodeo in Las Vegas Saturday night during the rodeo.  Tickets are available for $10 each or 3 for $25.  Tickets can be purchased by calling Cheri Floyd at 874-5066, Greg Henry at 874-3571, or the Chamber at 874-2421.

The rodeo dance will begin at 9:00 p.m. at the Panhandle’s largest open-air dance floor at the Rodeo Grounds with Santa Fe Band on Friday and Tommy Alverson on Saturday night.

The RHAA Ranch Horse Competition begins at 8:00 a.m. on Saturday morning at the rodeo grounds. The event is sponsored by McLean Feedyard and COEA.

Henson’s annual Turtle Race will be at 3:00 p.m. on Saturday afternoon. Sign up your turtle at the store from now until race day.

A new animal ordinance remains on hold this week as Clarendon officials draft changes to the law to make it more pleasing to livestock owners.

Clarendon Aldermen voted 4-1 last Tuesday to delay implementation of Ordinance 340 for fifty days to give themselves time to amend the law. Alderman Bob Watson voted against the delay.

City Hall was crowded during the meeting as opponents and supporters lined up to speak to the Board of Aldermen.

City Attorney James Shelton spoke against a proposal to have a general nuisance ordinance take the place of Ordinance 340, saying it would be difficult to make it all-inclusive.

“I recommend that if we’re going to have a livestock ordinance, it needs to be just that,” Shelton said.

Citizens on both side of the issue addressed the aldermen. Livestock owners expressed concerns about he space requirements and permitting process called for by Ordinance 340, which was passed in April. Meanwhile, non-livestock owners stated flatly that they did not want livestock kept in town.

“I just think its ridiculous to have to come before the council,” said Sue Hardy. “I just don’t think they [livestock] should be in the city.”

But other citizens talked about livestock as their livelihood, and some said they had purchased certain properties in the city because of the barns or facilities already on that land.

Following the public comment, Alderman Michael Tibbets moved to pass an ordinance repealing the livestock ordinance. Alderman Tommy Hill seconded the motion, but the motion failed when Aldermen Janice Knorpp, Mark White, and Bob Watson voted against the measure.

Tibbets then moved to delay Ordinance 340 from taking effect for 60 days. That motion failed in the same manner. Alderman White moved for a 30-day delay with a second by Knorpp, but Tibbets, Hill, and Watson voted against that measure. The 50-day delay was reached as a compromise.

A work session followed the vote whereby aldermen, the city attorney, and citizens gathered around the table to try to reach an agreement palatable to all concerned. General consensus seemed to favor eliminating the per head license called for in Ordinance 340 and reducing the space requirement for animal pens from 1,000 square feet to between 300 and 500 square feet.

A final draft of the new proposal is to be presented at the next city meeting.

In other city business, a public hearing was held regarding the submission of an application for a Texas Community Development Program grant. No questions or comments were made at the hearing.

City Superintendent Jim Roberts updated the board on the need for a new trash truck as the old one is costing too much in repairs. A new truck should cost about $100,000.

Mayor Tex Selvidge presented a new Public Comment Policy for city meetings, saying he wanted some format to hold discussions. The policy, drafted by Board Consultant Colby Waters, calls for citizens to sign in and specifies that individual comments will be taken at either the beginning or the end of the meeting. When speaking, citizens are asked to state their names and limit their remarks to three minutes. Any alderman can call on a citizen to speak at any time, and the Mayor, with the consent of the aldermen, can allow people to extend their remarks. The policy emphasizes the board cannot take action on items which are not on the posted agenda.

The board voted unanimously to adopt the public comment proposal.

The aldermen voted 4-1 to contract with Merriman & Barber to engineer Phase I of the street improvement project. That phase includes only repair and seal coating of existing streets. Alderman Hill voted against the measure.

The board voted to appoint Will Thompson to fill the unexpired term of Dee Dee Autry on the Clarendon Economic Development Board.

A request by Howardwick Mayor Billy Woods to allow his city to dump mattresses, furniture, and similar items at Clarendon’s Three Feathers Recycling Center was approved. The City of Howardwick will have to pay the regular rates for dumping.

Rabbit Osburn addressed the council and requested a loading zone in front of his business on Kearney Street. The board approved that request.

The Clarendon Outdoor Entertainment Association requested funds from the Motel Bed Tax to advertise the Saints’ Roost Celebration activities. No action was taken because the city has already spent 60 percent of the available funds, which is the legal maximum in a fiscal year. The board discussed the need to set aside money for COEA in next year’s budget since it is a known annual activity.

The property at 107 E. Front St. was discussed, and the board voted to clean up the property again.

A 12-member Donley County jury sentenced Randy Tolbert of Clarendon to 20 years in the Texas Department of Criminal Justice Institutional Division last week.

Tolbert, age 33, was found guilty of the offense of Delivery of a Controlled Substance for delivering methampetamine to an undercover Department of Public Safety narcotics officer.

District Judge David McCoy presided over the trial which began Monday, June 24, and concluded after one day of testimony. The jury returned the guilty verdict after deliberating for 30 minutes.

“This case was put together through the cooperative effort of the Donley County Sheriff’s Office and the DPS narcotics officers,” 100th Judicial District Attorney Stuart Messer said. “We always appreciate when we receive help from specialists from the DPS. Many times it is very difficult for local officers from a small town to get drug dealers to sell to them because local law enforcement officers are well known to criminals.”

Messer also said he appreciated Clarendon College for allowing the court to use the Bairfield Activity Center while the Donley County Courthouse is being restored.

Donley County Sheriff Butch Blackburn thought the sentence sent a message to drug dealers.

“You don’t want to go before a jury on drug charges in Donley County,” he said.

In this case, Messer represented the State of Texas, and the defendant was represented by David Holt of Pampa.