The Abilene Reporter-News (Abilene, Tex.), Vol. 74, No. 111, Ed. 2 Wednesday, October 6, 1954 Page: 16 of 28
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3 Suits Attacking
Optometry Laws
12.B THE ABILENE REPORTER -NEWS
14 P Abilene, Texas, Wednesday Evening, October 6, 1954
DENNIS THE MENACE
By THE ASSOCIATED PRESS
The State Board of Examiners
in Optometry has been both upheld
and restrained in separate actions
concerning new rules on practice
of optometry in Texas.
The new rules issued by the
board were said to limit advertis-
in and use of trade names by
optometrists. They became effec-
tive Monday
Three separate suits were filed
Tuesday in Dallas, Austin and
Beaumont attacking the new rules.
In Austin, Judge J Harris Gard-
ner ruled that the board order fix-
ing rules was valid under both the
Texas statutes and the state con-
stitution. He denied an injunction
against the board asked by Dr.
Jerome W. Broughton, an optome
Inst in Waco and Corpus Christi
A plea by the Texas State Opti-
cal Co. to have the ruling set aside
was set for hearing this afternoon.
In Dallas, Dist. Judge W. L.
Thornton issued an order restrain-
ing the state board in enforcing,
its new rules and also temporarily
restraining Dr. Broughton from
appealing the Austin ruling pend-
ing a hearing on the matter. He
set a hearing for Oct. 13.
The Dallas plaintiffs were three
optometrists who contended that 1
Dr. Broughton conspired with the
state board to bring a “friendly" |
* favorable petition from the ap-
pellate court "
Plaintiffs in the Dallas suit are
Dr Ellis Carp, Dr. Robert K
Shannon and Dr. Stanley C.
Pearle They operate the Lee Opti-
cal and the Douglas Optical
chains, with office* to 22 Texas
cities.
In addition to the injunction,
they asked one million dollars in
damages from the Texas Optome-
tric Assn. and Dr. Broughton and
$250,000 in damages from the state
board.
They also asked that State Atty.
Gen John Ben Shepperd and Dal-
las Dist. Atty. Henry Wade be en-
joined tram handling any com-
plaints which the state board
might bring under its anti-adver-
rising and anti-trade name regu-
lations
in Beaumont, Dr S. J Rogers
and M. Jay Rogers, who are
brothers doing business as “Texas
State Optical," asked an injunction
and $250,000 in damages from the
board. They also asked the court
to define the powers of the state
board.
They were granted a temporary
restraining order, and a hearing
on a temporary injunction was set
for Oct 14.
IN ABILENE
Air Force Recruiters Ask
City for Free Office Space
City of Abilene is being asked
by the Air Force Recruiting De-
tachment here to grant free use
of one office
The space is in the municipally
owned building at North First and
Cedar Sts.
Maj. Julien LeBlanc, detach-
ment commander, made the an-
nouncement Wednesday
He said the detachment will
move most activities soon to the
new post office building, in quar-
ters now occupied by the Internal”
Revenue Bureau
LeBlanc said the new location
will not be large enough. His per-
sonnel will still need one office
in the North First and Cedar Sts.
building, he stated
All the AF recruiting detach-
meat is now in the - latter strue-
lure It serves something like 50
West Texas counties
Army recruiters recently moved
from that budding to the old post
office building on North Third St
Abilene Armed Forces Examining
Station also moved from the First
and Cedar building to the old post
office.
The AF's request for a free of-
fice hasn't been before the City
Commission yet.
LeBlanc said he has discussed
it with Mayor C. E Gatlin.
“Abilene is becoming an im-
portant Air Force town, what with
the air base under construction,"
LeBlanc commented.
2 Women Charged
With Aiding Jail
Break at B’wood
BROWNWOOD, Oct a (RNS)-
Two women are being held in
Brown County Jail in lieu of $1,000
bond each on charges of attempt-
ing to assist a prisoner to escape.
Sheriff Ray Masters said the
women posed as the wife and aunt
of Vance Wendell McCollough of
Houston. McCullough was senten-
ced to a one-year prison term
here Saturday on a plea of guilty
to a repetition charge of driving
while intoxicated.
Masters said the women told him
they were from out of town when
they appeared Sunday morning at
the jail and could not wait until
regular visiting hours that after-
noon. They were admitted to the
jail. They returned again at regu-
lar visiting hours and were per-
mitted to see
The sheriff
women had
McCullough a
in the mornin
whisky when
afternoon. M
information U
gled some ty
Cullough.
Upon inv
found a ple
one-half inch
gled to Me
lasters
out 16
smug
the
ky to
d him
more
in the
smug-
to Me-
FORT woan
roar WORTH uh—Cattle 3.600: cattle
- artive. fully steady to strong,
ood to choice steers and yearlings 19.00)
KEF calves 12.00-
10.00-19.00; stocker
13500'7
hogs 18.00-19.50;
r lambs steady:
so highers feeder
shipment of about
Sw tomb. 20.00:
i slaughter ewes
.00-15.00.
'LOCK THE DOOR! Hs FOURS MAY TRY AN GET HIM BACK!"
Fire Evacuation
Instruction Given
suit. The petition said Dr.
Broughton had stipulated facts
favorable to the state board and
"it is part of their conspiracy tai
have such stipulated facts as part '
of the record so they can procure ST. Ann Hospital
Federal Jury
Will Probe
Grocery Chain
FORT WORTH —An extensive
list of accounting reports and other
records for Safeway Stores, Inc.,
in Texas and part of New Mexico
has been subpoenaed tor the fed-
eral grand jury here Nov, 15.
The Justice Department indicat-
ed that department attorneys
would be sent from Washington to |
handle the matter but would not
comment further. U.S. Atty. Heard
Floore, whose office apparently
will not handle any of the investi-
gation, also had no comment.
Robert Clark of Dallas, attorney
Oil Anti-Trust Suit
Ordered for Trial
St Ann Hospital was to receive
instruction at 3 p m. today on bow
to evacuate the hospital in case
of a fire.
Assistant Fire Marshal D. A.
Porter was to outline for the per-
sonnel how this should be done.
The information is being given
as part of Abilene’s observance of
Fire Prevention Week.
Fire Marshal L. A. Blackwood
said the visit to St. Ann is being
made at the hospital's request. He'
stated there wouldn't be an actual |
practice evacuation. •
Porter will work out with the
hospital an evacuation plan which
can be used in the event of fire.
Blackwood explained
Morris Back From
Kilgore and Tyler
AUSTIN IB-A long-standing and
much delayed anti - trust suit
brought by the state against 10
major oil companies must be tried
in district court, the State Supreme
Court held today.
The suit was first brought in
1949, charging he companies con-
spired to fix and maintain uniform
and non-competitive tank wagon
prices on gasoline.
The suit filed by then-Atty Gen
Price Daniel, also charged the oil
companies with agreeing among
1 themselves to pay such uniform
prices for crude oil bought in Tex-
as It claimed the action followed
federal price de-controls in 1946. "
The Supreme Court, without
comment, upheld a third court of
court development An Austin dis-
rict court had held there was not
sufficient cause for action.
The state is seeking a permanent
injunction against the alleged price
fixing plus penalties.
Defendants named by the state
were Arkansas Fuel Oil Co., Cities
Service Oil Co., Continental Oil
Co., Gulf Oil Corp., Humble Oil
and Refining Co, Magnolia Petro-
leum Co., Standard Oil Co. of Tex-
as. the Texas Co, Sinclair Refining
Co., Phillips Petroleum Co.
Taylor County
Pioneer Dies
BUFFALO GAP. Oct 6 (RNS)
—D. B. Morgan, Sr. 81, a Taylor
County resident for 73 years, died
at his family residence here at
8:17 a.m. Tuesday after a long ill-
ness.
Born Dec. 6. 1872, in Missouri.
Mr. Morgan came to Denton with
his family when he was 8 years
old He settled at Guion in 1881.
Mr. Morgan married the late
Kallie Cathey at Guion in 1899.
She died in 1939 and Mr. Mor-
gan married the former Vira Ted-
ford of Abilene in 1941. The couple
lived at 2757 Pine St. until about
three months ago when they
moved to Buffalo Gap.
Mr. Morgan was a retired sales-
man. He had been an elder in the
Northtide Church of Christ since
the early 20‘s.
Funeral arrangements will be
Green peas take on a company
air if you team them with sliced
mushrooms. Cook a package of
quick - frozen peas and drain them;
' Civil Appeals decision which said now add the drained mushroom
that the state had shown enough slices from a three-ounce can and
cause for action to justify full trial reheat with a dollop of butter. 1
announced by Elliott's Funeral
Home.
Survivors include his wife, three
sons. D. B. Morgan, Jr., of Ruido-
so, N. M.; Curtis C. of Wichita
Falls, Ralph S. of Fort Worth: a
daughter, Mrs. Otis Gatewood, a
missionary to Frankfurt, Ger-
many. who has been in the states
for the past nine months: a sister,
Mrs. J. B. Askins of Chickasha.
Okla.; four grandchildren and two
great grandchildren.
Home Permits Issued
Permits for building two more
frame, one-family residences at
$9,000 each were issued Wednes-
day by the city to Choate De-
velopment Co
The same firm had been au-
thorized in permits Tuesday to
build four such houses at $9,000
each.
All six residences are to be In
the 2100 block of North Seventh St.
Guitar Estate got a permit to
rebuild a wall of brick retail busi-
ness building, 302-330 Chestnut St.,
$1,500.
Suit Removal Asked
United States Fiedelity & Guar-
anty Co., defendant to a work-
man’s compensation suit filed in
state court at Breckenridge, has
asked that the suit be removed
to U. S. Court here.
F. L. Thomison is plaintiff to
the suit He is seeking compensa-
tion for injuries allegedly suffered
May 14, 1952 while employed near
Breckenridge by Roberts & Scis-
son.
In his' petition Thomison, states
that be was digging a butane tank
excavation and that a large rock
fell and struck him on the back
and shoulders.
Attorneys for Thomison are
James L. Paul of Pineville. .Mo.,
Robert E. Bowers of Breckenridge
and Scarborough, Yates, Scarbor-
ough and Black of Abilene. Tom
K. Eplen represents the defend-
ant company.
4 Special Message for
TIRED PEOPLE!
You may be dangerously taxing your
entire system when you allow fatigue,
99. v nervousness-poor appetite and sleep-
s less nights to drag you down because
your body is vitamin and iron starved •
Feel Better
Look Better
’ Work Better
OR MONEY
BACK!
A McKesson Product
“ Bezel helps build rich red blood FAST!,
Each high-potengs BEXEL Special
mula capsule gives you 5 times the daily
minimum requirements of iron; more than
the daily minimum requirements of all the
B-vitamins that doctors will tell you are es-
. sential for proper nutrition; plus Vitamin
9 B12 and trace minerals. These wonderfully
1 strengthening capsules are recommended
i for mothers-to-be, when a sufficiency of
9 iron and vitamins is vitally important to
* their health. Bexel Special Formula is
A- especially, important if you are over 40
3 Take 2 capsules daily for double potency!
,At all drug stores.
Penny for penny—you get MORE
value in just one high-potency
, BEXEL
Special Formula Capsule?
Nick Grain Drug Stores
802 Hickory
Phone 2-3207
S. 7th & Leggett
Phone 4-8146
Dan H Morris, president of Abi-
of Safeway in Texas, said a sub-
poena, calling for the records and lene Christian College, returned to
addressed to Safeway’s home of- Abilene Tuesday after speaking to
fice at Oakland, Calif. has been religious groups at Kilgore and Ty-
returned to the U.S. District Her Monday
Clerk’s office here and as far as At an informal luncheon of
he knew this was the only one preachers in the Kilgore area,
served on Safeway or any of its Morris discussed the campaign
officials. fund for the new Administration
The Justice Department declined
comment on whether the big na-
tine-wide grocery chain would be
investigated in any other part of
the country and Clark said be had
not heard of any further investiga-
tion.
Records called for are from all
Building soon to be built at ACC 1
He spoke at the Glenwood
Church of Christ Monday night on
‘They Shall be Taught of God."
The purpose of the college, said
Morris, is to provide good academ-
ic training in the best kind of en-
vironment and to teach the Bible
the store s districts in Texas and as the only rule and practice of
that portion of New Mexico served life.
from the El Paso warehouse. I ACC receives its principal sup-
The government has asked for port from individual members of -
an original accounting reports the Church of Christ. It has no or-
showing analysis of operations and ganizational ties with any religious
profit and loss and the items en- or fraternal group
tering into operations and profit --------■
HITTER MHTE Yom Kippur Service
To Be He'd Tonight ,
each retail store in the area, along
with profit and loss statements of
total operations of Safeway Stores.
Inc . and sources of such profit
and loss from 1949 to date
Iran Shah Asks
Quick Oil Okay
TEHRAN, Iran (. Shah
Ma-
hemmed Reza Pahlevi opened the
fifth session of the Iranian Senate
today with a plea for quick rati-
fication of the oil agreement
The Shah said the oil problem
has been “solved in the best man-
ner possible.”
Yom Kippur services will be
conducted at 7 p.m. Wednesday
at the Temple Mizpah.
Yom Kippur. known as the Day
of Atonement, is celebrated by
fasting from sunset to sunset. I
It is considered the holiest day
of the year in the Jewish religion.
Aaron, Klausner of Dallas is to
conduct the services, which end
at sunset Thursday.
Close of the service is noted
by the blowing of Shofar, the
ram’s horn.
Don't Miss Our
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WE FEATURE LIFE-TIME GUARANTEED
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PRE - KUT
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For use on new or old
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Open Weekdays 8-6 — Sunday 15 (during sale only)
ABILENE CHAIN LINK
FENCE COMPANY
3223 S. Treadaway Abilene, Texas. Ph. 3-2518
Make sure an electric appliance
is cool before you wrap its per-
manently attached cord around it.
We Deliver
S & H Green Stamps
Mail Orders Promptly Filled
Were out to
reak a record
1 October!
The luxurious ROADRasTr* Riviere,
custom built by Buick, sells for the lowest
price-per-pound in the fine-car field.
This is the
3 way bonus
a
1. Tomorrow’s S
-= =- in
Novo nu 17. mon other mic wine..
"SSor loter “an won't
NomA e eimseeme
w emE AUTOMODES ARE sunt suick wiu Mm* THEM
DRIVE A BUICK
ITS TEXAS-BUILT
FOR TEXANS
• HERE's a mighty good chance
I that October 1954 will be the
biggest October in Buick history.
In fact, we know it will — if we
can keep Buick sales rolling as
they've been rolling thus far this
year.
This is the pace-setting car that
has romped ahead of competition
— climbed up into the circle of
America’s three top sales leaders.
It's the car that has been winning
customers because it has the
power, the ride, the room, and the
styling that make it the buy of
the year.
So we're in the mood to talk
turkey, if you are in the market.
Come in today for a car - and a
deal — too good to miss.
. Resale Value
2. Higheras to come
- in the yea.essteg"‘
res . :
will keepwell
=**
MILTON BERLE STARS IM BUICK- See The Bd-Berle
sirgr
1 Bigger Allows,
higher mooters. of *,
Coma in in on you you a
And Buick deals’are
better than ever !
LONE STAR BUICK CO.
1401 SOUTH FIRST ST. puons . ,
______________■______________< x , PHUHE 4-9103
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The Abilene Reporter-News (Abilene, Tex.), Vol. 74, No. 111, Ed. 2 Wednesday, October 6, 1954, newspaper, October 6, 1954; Abilene, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1649606/m1/16/?q=%22~1~1~1%22~1&rotate=180: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Abilene Public Library.