Senate Sergeant-at-Arms Jeff Davis and State Senator Charles Herring secured me a job as an Assistant to the Texas Secretary of State assigned to the State Elections Division. I had the opportunity to work with Division Head Mary Kay Wall as she wrote the new 1970 Texas Election Code. This would prove to be a monumental task, but I soon learned she didn’t want anything to do with me. I had been foisted on her by well-meaning friends!
Secretary of State Martin Dies, Jr. realized my predicament. He reassigned my duties to include helping him travel the State discussing the importance of an Election Code. In other words, he got me out of Mary Kay Wall’s hair! I soon learned Texans were skeptical about a State Election Code fearing too much state influence. This was unfounded, but again . . . . this was Texas.
I remember traveling to Amarillo to speak to several civic clubs. The Lions and Kiwanis Clubs were always looking for speakers. As I approached the microphone for one of these early morning Kiwanis Club breakfast meetings, I noticed each of the tables had a large basket of ping pong balls in the center of the table. I thanked the club president for this opportunity to speak and turned to the audience. To my astonishment, everyone stood up and threw ping pong balls at me. This was their way of showing displeasure with the topic. I laughed at the barrage and made a few jokes about their poor aim! Before it was over, everyone was laughing and sharing jokes with me.
After eight months working for Secretary of State Martin Dies, Jr., I was called into his office and found I was again being reassigned. It seems Governor Preston Smith could not get along with Attorney General Crawford Martin. In Texas, all seven state executive officials are elected separately, and not always on a compatible political “ticket”. In this case, Crawford Martin was a close friend of former Governor John Connally. This meant Preston Smith and Crawford Martin were two different types of Democrats, and they just didn’t get along.
My reassignment to the Attorney General’s Office was an attempt by my old boss, Preston Smith, to establish a liaison with Crawford Martin. As Assistant Attorney General, I had limited opportunity to smooth over problems, but I found a few words said to the right person at the right time could have a huge influence. After four months, the foul air between Preston and Crawford dissipated.
Executive Director of the Board of Examiners in the Fitting & Dispensing of Hear Aids
I soon grew tired of my stint in the Attorney General’s Office. I decided to quit after being offered the job of Executive Director of the Texas State Board in the Fitting & Dispensing of Hearing Aids. This was a small state regulatory agency designed to make sure hearing aid dispensers were knowledgeable and honorable.
The Agency would hold licensing tests several times each year. To qualify for the test, applicants would have to serve a two-year apprenticeship with a licensed Hearing Aid Dispenser. I soon discovered some licensees would fire apprentices after eighteen months of service so they wouldn’t qualify for the test. This was intended to limit the number of people entering the profession.
Of course, this business practice was highly unprofessional. The Board Licensees didn’t like me pointing this out!
I also discovered the largest Texas Hearing Aid Dispenser had secured copies of the state licensing test. They used them to give an advantage to their apprentices, and to the disadvantage of everyone else. My Board of Directors was not thrilled I discovered this practice too.
My term of service for the Board came to a quick end. I suspect this was the path of least resistance for the Board Members. This satisfied the complaints from grumbling hear aid dispensers, and swept the problems under the carpet. To my knowledge, no one ever became aware of these professionalism issues.
Senator Jim Bates once told me that a young man needs to pick his battles carefully. I decided this was not going to be one of those battles, and set out to build my own Legislative Research and Reporting Service, Executive Services Inc.
Executive Services Inc.
With the help of General James Rose and Attorney Anthony “Curly” Ferris, I set up Executive Services Inc. and Executive Information Network. My Texas Senate experience, coupled with jobs with the Secretary of State, Attorney General, and State Regulatory Board, told me there was almost no research on the legislation coursing through the Legislative Process.
There also wasn’t any meaningful tracking of this legislation. Had the bill passed the House? Was it still in Senate Committee? Had the bill gone to the Governor for his signature? None of this information was readily available.
Executive Services was incorporated as a non-profit organization designed to help the People of Texas. With funding from Rose, Ferris, and my Dad, I hired sixty bright law students to help research and track legislation. The law students were in “hog heaven” having a chance to develop real skills with Texas Legislative Law. State legislative offices, state agency offices, and statewide newspapers now had a reliable source of information. All of these services could be purchased for only $25/month! We were an immediate “hit.”
This was an incredible opportunity for everyone, but dumb me didn’t realize there were people out there making big bucks by supplying “inside information.” Our $25/month service cut deeply into their under-the-table payoffs, so I found myself with a target on my back.
Our main floor office was fire bombed in an attempt to discourage our efforts. Luckily, this only affected my outer reception area and was easily refurbished.
I discovered these people would become more aggressive! I wandered outside my front door one morning to get the newspaper only to be confronted by a couple of thugs. Knocking me down, they warned me to stay out of “their business.” They didn’t say what business, but I got the message. There were also veiled threats against my family. I was fearful for my family’s safety, but plodded on with the research and legislative tracking.
I often had to work late at night to get out the latest information. We were publishing hundreds of thousands of report pages each week! I headed home about 11:00 PM one night driving East on Manor Road. I noticed a car following me, but thought this was just a trick of my imagination.
This wasn’t a trick. The car forced me off the road throwing my car over a curb. I heard gun shots and dove under the car for protection. During those days, I carried a 32-calibre pistol for protection. I saw two men emerge from the car. Hiding under my car, I couldn’t see their faces, but I could see their legs. I started shooting at the legs. The men jumped back into the car after one of my shots hit a tail light on their car.
These brazen attacks told me I needed to take some kind of defensive action. I hired one of my largest law students to be a body guard. He went everywhere with me, but I was never again physically attacked.
How did I stop these attacks? I discovered the power of the pen can be hugely effective. I started publishing daily reports about these threats. My ESI newsletter, distributed throughout legislative and state offices, gave me a huge media platform. This story was picked up by local media and created a stir in the Capitol.
We never had a newsletter left over! Everyone wanted to know the latest news about attacks or “pressures” on our office. It finally stopped. The harassment ended. Several Austin Bureau Media Division Chiefs told me they had never seen anything like this kind of blatant intimidation, particularly involving legislative reporting!
Then the second phase of the intimidation hit! Executive Information Services was told that we could no longer have access to the State Capitol, including sitting on the House and Senate floor as part of the Press. From our early days, we were freely awarded press credentials by both the Texas House and Senate, but these were being pulled back. We were no longer allowed to use the Capitol Press Room. This was too much.
With this new intimidation, we could either roll-over, or take the State of Texas to court! We did the latter. I sued the Speaker of the Texas House, the Texas House of Representatives, the Lt. Governor, and the Texas Senate for violation of due process and abridgement of the freedom of the press. We were being denied the same rights and privileges made available to every other press organization.
We filed suit in an Austin Federal Court with great fanfare in the news media. Legislative whiplash from all of our subscribers was intense. How could they keep this kid (me) from doing what he was entitled to do!
No one knew that I had met secretly with Texas House Speaker Billy Clayton who strongly encouraged me to sue him! He told me this was the only way to wipe out this petty-minded bickering. Billy had been a good friend; I had always helped his office by providing the best possible information.
The parties appeared before the Federal Court Judge. The attorneys representing the defendants (Texas Legislature) capitulated and offered a solution. Executive Services Inc. would be given equal standing with the other press services, we would be allowed to report from the floor of the House and Senate, and we would be provided space in the State Capitol Press Office. The whole court hearing lasted less than five minutes because of the bad publicity generated by their draconian actions.
The State Capitol Press Corp profusely congratulated me for having the “huevos” to stand up to the big guys . . . . and win! This was so well received by everyone who used Executive Services!
I would only find out years later that state legislative staff had been selling inside information to lobbyists, and earning up to $150,000 a year for this exclusive “heads-up” type of service. The lobbyists soon learned they didn’t need to pay extraordinary fees when they could get the same reliable information for $25/month.
I never realized I was cutting out a number of people from hefty underhanded fees by just sharing the People’s information. The ignorance of my youth never allowed me to recognize this potential conflict, nor anticipate public servants profiting from legislative information.
The result of my lawsuit, research, news stories, and legislative tracking added impetus to the Freedom of Information Movement (Open Meetings and Open Records Laws). I am proud ESI played a small role in helping with the passage of this important legislation.
A Revolutionary Legislative Computing Service
Executive Services provided state legislative offices, state agency offices, newspapers, and lobbyists with large binders showing research and legislative progress for each piece of legislation. This would grow to include 4,000 bills (in those days). This also meant the binders had to be updated with “update pages” each day . . . often a tedious, time-consuming activity. Executive Services was looking for an alternative.
David Vinson, my Best Man and best friend, suggested we should team up and develop a computer program to keep track of this legislation. Now you have to remember that the early 1970s were quite different from today. Computers were rare; there was no Internet. Interestingly, David had just developed software for Lockheed Martin designed to keep track of parts used in the construction of the Air Force C5 airplane being built in Georgia. David told me he could modify this program to keep up with the bills progressing through the Texas Legislative Process.
This was a fantastic idea! No one in the country had such a tool! We were on the brink of fame, wealth, and success. Dave’s program successfully passed proof-of-concept tests, but we needed to find a computer that had the “cranking power” to handle just such a workload.
There were only two computers in Texas that could handle this task: the University of Texas’ Main Frame computer in Austin, and a major computer company’s main frame computer in Houston.
I invited executives from the Houston Computer firm to Austin to see the new software. They arrived in Austin, witnessed the software, and were “foaming at the mouth” to get their hands on this new software. I proposed a joint venture where the Houston Computer Company would supply the computer, and run dedicated communication lines from Houston to Austin. This would facilitate direct input of information from Austin.
David and I liked the deal; the Houston Computer Company liked the idea; we now had a Joint Venture. Now, it was my job to sell the system. We offered full legislative research, legislative tracking, and other data, complete with a desktop computer, for only $250/month.
Subscriptions to the Executive Services Incorporated computerized system were selling like “hotcakes.” All the senate members subscribed; the Governor’s Office subscribed; most major state agencies subscribed; newspapers around the state subscribed; lobbyists subscribed. The financial break-even point rested with the Texas House of Representatives with its 150 members!
I had worked with Speaker Price Daniel Jr. and his Executive Assistant for years. We had a great working relationship. The Speaker promised the House would subscribe to the ESI Services, but the actual decision to make the jump to our system seemed to be delayed. Little did I know someone had “gotten to” Daniel’s Executive Assistant, realizing that if the House delayed the decision, we might be forced out of business.
Executive Services started up the computer reporting system on the first day of the legislative session and ran it for more than two months, but with the House failing to make a financial commitment, we were faced with a huge dilemma. Do we keep the system running in the hope the House would subscribe but losing over $30,000 per month, or should I pull down the computer system?
We lacked financial backing to weather this storm and pulled the plug mid-March. This was horrible for David and I. This was such an incredibly innovative system. It broke my heart to have to scrap the project, but I realized additional debt would jeopardize my home and might require me to fire all my staff.
The Houston Computer Company took back their computers, took down the dedicated lines, and by virtue of the joint venture, kept the computer software, David’s software. We found out later the Houston Computer Company sold that same software to the U.S House of Representatives to create their own voting and bill tracking system. They recouped their financial loses.
I went from having a net worth of $7.6 million dollars, to owing $300,000 in one day! Much of these debts were owed to the Houston Computer Company. They graciously forgave more than $250,000 of this debt when they made a “killing” selling the software to the U.S. House of Representatives. It took me three years to pay off the balance, but no one was fired, no one was furloughed. Jobs were saved.
As a footnote, the Texas Legislature saw the real value of our legislative research and computerized legislative tracking program. They created their own legislative research program. Two years later, they developed their own computerized legislative tracking system.
The non-profit goal for Executive Services Inc. was to provide better information for the People of Texas and the Texas State Legislature. Interestingly, our good efforts really showed the State of Texas what they needed. We reached our goal, and put ourselves out of the Legislative Research business.
Executive Services Survives
Executive Services Inc. continued through 1976 focusing on legislative consulting, Special Projects with the State of Texas, and periodicals. I had the opportunity to be a special consultant to the 1974 Texas Constitutional Convention. I witnessed days of lobbying and wrangling that served little purpose in the long term.
The Constitutional Convention could not reach agreements on several key issues, but feeling public pressure, they put out a watered-down constitutional revision. The good people of the State of Texas did the right thing and overwhelmingly defeated this proposal. Constitutional Revision in Texas was dead with this phrase resonating throughout Austin: “If the wheel ain’t broke, don’t fix it.”
Maybe the best part of the Convention was watching the gala opening of the event set for a huge public display on the North side of the State Capitol Building. A large dais was set up with colorful patriotic bunting decorating the North façade of the Capitol.
Planning for the event included bringing together all the members of the Texas Executive Branch and other key legislative and judicial figures. The only problem: what to do with Texas State Treasurer Jessie James!
Jessie James served with great distinction as State Treasurer. He always enjoyed the great name identification associated with the famous bank & train robber. It was always a Texas Election highlight to think that you would be voting for a candidate whose name he shared with one of most infamous bank robbers.
The only problem with Jessie’s participation in the Opening Ceremonies of the Convention was his “language.” He was the master of including great old Texas cuss words in every sentence he uttered, punctuated with his spitting tobacco into a brass spittoon. Convention Planners agreed that Jessie would be tasked with delivering the Opening Prayer for the ceremony. After all, how could you use cuss words in a prayer!
The morning of the Ceremony arrived. A large crowd had gathered at the large dais awaiting the official opening of the Constitutional Convention. Jessie James stood up to offer the prayer. A lump was in the throats of event planners . . . . . . . and Jessie didn’t disappoint. Looking to the heavens, Jessie said: “God, please help these poor S.O.B.’s as they launch into this g** d**n convention.” The crowd was a bit stunned and dead silent. The master of ceremonies was wise to move quickly into the first speeches, but nothing gets better than an old Texas Politician holding true to his reputation!
Texas Parks & Wildlife Contract
Executive Services expanded its services into working with state agencies. This included a contract ESI won with the Texas Parks & Wildlife Department to oversee Texas State Park Boat Ramps! This was an unusual contract, but a former friend of General Rose and member of the Texas Air National Guard, was now a high-ranking executive in the agency. He wanted to do something to help ESI because of the General’s involvement with the company.
I found that watching over the State of Texas Boat Ramps was a fairly easy task. I visited with County Judges wherever a boat ramps were located and arranged to pay that county a fee for trash pick-up. Once set up, these arrangements would provide a steady flow of money to the county, and a steady flow of money to Executive Services Inc. All we would have to do was supervise these arrangements.
Then, the full nature of the state contract raised its ugly head! The Parks & Wildlife Administrator who helped us get the contract demanded that ESI give his wife a job as a secretary in our office. I was outraged at the unscrupulous nature of this demand. I had to be careful not to offend General Rose, but I discretely told several members of the Legislature about this malfeasance. An enterprising State House Member immediately “spilled the beans” to the “Austin American Statesman,” the local newspaper known for its skill investigating State issues.
Within hours, there was a reporter pounding on the front door of the Executive Director of the Texas Parks & Wildlife Department asking uncomfortable questions. The Parks and Wildlife Executive who demanded I hire his wife immediately reversed course!
I never heard from him again. The threat of investigation cast shade over General Rose’s friend, and seemed to disappoint Rose.
Threat to Me at Executive Services
Executive Services Inc. was founded by me. I was the Executive Director, but had a Board of Directors to satisfy legal requirements. The Board would meet periodically to hear reports about ESI activities and to receive a financial report. Members on the Board included representatives for General Rose and Curly Ferris, the ESI Deputy director (employee of ESI), and myself.
Work at ESI became more tedious with the loss of our legislative research branch. We still did consulting and publishing. Research and news reporting was now coordinated through our TV/Radio Media Outlet and our publications. We were now providing real news for 76 Texas newspapers, television stations, and radio outlets.
Belt-tightening caused several old business friends to grumble creating discontent. My secretary who struck-up such a great conversation with LBJ had to find a new job to help support her husband still in school. I just couldn’t find new money to give her a raise.
Worst of all, my Deputy Director started bad-mouthing the business and approached the other Board Members telling them he could do a better job running the company. I overheard some the conversations and realized I had to do something immediately to eliminate this problem.
The Board had a regularly scheduled meeting in a few days. I discovered their plan was to demote me and elevate my Deputy into the job of Executive Director.
The day for the Board Meeting arrived. I walked into my Deputy Director’s Office and fired him and demanded he immediately leave the office. I had my former body guard escort him from the Westgate Office Building.
I called the other Board Members and announced I was dissolving the Board and a new Board would be appointed. I suggested any effort to override my decision would require me to leak information about influence peddling in the acquisition of the Parks & Wildlife contract, and that others might be getting some kind of “kick back.” No one made any attempt to oppose me. This was one instance when my old friendships with so many state legislators and media outlets came to my rescue.
This was one very wild day at the office. I fired a good friend; I disassociated myself from two other friends . . . . . but as my wife once pointed out: “Were they really friends if they were getting ready to demote you?”
Executive Services New Board
Executive Services Inc. developed an outstanding new Board of Directors from leaders in the community including Dr. Michael DeBakey, famed Houston heart surgeon, State Senator Jim Bates (retired), representatives from higher education, and several up-and-coming Political Figures. They were there to help (and protect) the organization. We were all very proud of what we had accomplished bringing about free access to good legislative information.
I eventually closed ESI’s Westgate Building Offices in 1975, but maintained a weekly newsletter to subscribers throughout Texas. When I moved to Dallas in 1978, I had the opportunity to visit the SMU Law School Library. Since they subscribed to most of my publications over the years, I asked if they still had them available. I was directed to a special section of the library where my publications, retained over the years, occupied 27 feet of shelf space. I asked the Librarian why they kept all my seven years of publications. She said it was the finest legislative history spelling out what was going on in Texas during that period of time!
Life in Austin after Executive Services
Over my years in Austin, I had the opportunity to “throw-my-hat-in-the-ring” for some very special jobs. One of these job offers was Administrative Assistant to U.S. Senator John Tower. I liked John Tower because we were both the same size! I have always believed that “smaller-than-tall” people have an unwritten bond that automatically creates compatibility!
I arrived at Tower’s office for the job interview. I was invited into his inner office, shook hands with the Senator, and found his beady eyes sizing me up. He seemed favorably disposed to hiring me, but the answer to one question turned me off.
I asked the Senator what would be the nature of the job. He said I would be required to travel with him and make sure his speaking requirements would be met. This included my carrying a peach crate and placing it behind the podium. This made it possible for the audience to better see him. I would be the official peach-crate-carrier! I did not take the job!
Senator John Tower defeats Waggoner Carr
I remember how disappointed I was when John Tower defeated my old friend Waggoner Carr for the U.S. Senate seat in 1966. I had worked in Carr’s campaign and took the loss very personally.
Election Night at Carr’s Austin Campaign Offices was sad and dreary. Everything came to a disappointing end when Carr made his concession speech relatively early in the evening. I listened to the speech with tears seeping from my eyes, but only to hear someone standing behind me making less-than-kind remarks about Waggoner. I turned to give an “evil stare” only to find an old acquaintance, Dan Rather.
I first met young cub reporter Dan Rather when he was working at KHOU-TV in Houston. I remember getting him coffee after coffee after coffee . . . . and being so very grateful for the opportunity.
I stared at Dan and asked why he was making these disparaging comments. He told me Waggoner had run a poor campaign, and suggested we should wander over to the Tower Campaign Offices and see Tower’s speech. He added: “Republicans always serve better bourbon.”
Girl Scouting
One of the highlights of this time of my life was working with Girl Scouts. My wife and I couldn’t find any girl scouting group in our neighborhood, so we decided to start our own brownie troop. Twelve little girls would join my two daughters for the fun of scouting. We hosted weekly meetings at our home on Willamette and took wonderful field trips.
The most memorable overnight field trip was a camp out at Austin’s Zilker Park. We planned a camp fire with all the amenities, including ghost stories! I remember telling a few really good tales, and watching the impact on the faces of the girls. Their eyes grew larger with excitement, but each story drove the girls even closer to the camp fire and to the storyteller . . . me. Little did I know that I was building fear in the minds of these precious brownie scouts.
When story time was over, we set up our sleeping bags and settled down to get some rest, but I noticed their sleeping bags started to scooch closer to my sleeping bag. Every outdoor sound or bird screech drove the girls closer. I had inadvertently created a “fear monster.” It was a long night and hopefully I learned my lesson: don’t tell ghost stories to brownies.
Our experience with Girl Scouting was supported by my wife’s long experience with Scouting in Memphis. She had wonderful opportunities to take part in national Girl Scout Jamborees, and loved sharing her experiences meeting girl scouts from other parts of the country, and the marvelous train trips to get to these events! I also learned one of her favorite things was selling Christmas Trees with the proceeds going to her Girl Scout Troop. She loved talking to people about Scouting.
Joy’s family was “big” into Girl Scouting. Her Aunt Virginia would help run Girl Scout Summer Camps; Joy would be the waterfront instructor responsible for teaching boating skills.
Our Scouting efforts led to an invitation for me to be the Vice-President of the Lone Star Girl Scout Council, the regional scouting organization. This was great fun particularly since the President of the Council was the Austin Chief of Police. It was always a blessing to have friends at the Police Department!