JAN 1 2 1983 Senators divided on plan to review 105 appointmentssworn inassre By Jackie Calmes Austin Bureau of The News AUSTIN — State senators ap- peared evenly split Tuesday on whether to allow Gov.-elect Mark White to review recent appoint- ments made by lame-duck Gov. Bill Cements. Meanwhile, both Clements and White took big steps toward the im- pending confrontation over about 10.5 appointments Clements has made since the Nov. 2 election White breakfasted with 21 of the Senate's 26 Democrats Tuesday, and several senators who attended said White told them for the first time as a group that he wants to review the nominations Cements made af- ter the election. The senators said White sup- ports the idea of the Senate with- holding approval of the Clements . nominations until White is inaugu- rated Tuesday. Then, White will formally request the names of Cements' appointees for his re- view, the senators said. Sen. Chet Brooks, D-Pasadena, said White's message was the signal several senators needed before they could support Democratic leaders' effort to send White the nominations after his inauguration next Tuesday. "It always helps your cause for the man who's going to be gover- nor for the next four years to stand right there, face-to-face, and tell you what he wants done," Brooks said. About the time the Democrats' meeting broke up, a defiant Clem- ents watched at the Capitol as two of his most controversial appoint- ees — former Gov. John Connally and retiring House Speaker Bill gents of the University of Texas and Texas A8rM University, their respective alma meters. Connally, who is credited with initiating the tradition of outgoing governors making major "mid- night appointments," said he did so based on research from his staff and an attorney general's opinion. connally, who left office in 1969, said. "We felt at the time that the outgoing governor . . had the au- thority as well as the responsibility for making those appointments," Connally said. "So we made them." Connally said of his prospect for Senate confirmation: "I would hope my chances would be good." Clay- ton said: "We'll just have to wait and see." Clements, who has been phon- ing Democratic senators since last week, lobbying them with a plea to tradition, predicted all his nomi- nees would survive the Senate test. "1 am convinced that the Senate will continue its traditional and historical manner of handling these appointments," he said. "I think they are extremely high- quality appointments, as we have tried to do for all our appoint- ments. And I would forecast for you that they will be considered on a case-by-case basis by the Senate, which is the 100-year tradition." Clements said his "body count" of supportive senators "varies de- pending on when you count" Under Senate rules, White would need a majority vote of the Senate — 16 senators — to get a re- view of all Clements' lameduck ap- pointees. However, since a two- thirds majority of the Senate is needed to confirm a nominee, White would need only 11 votes to block an individual appointment. DALLAS NEWS Senators from both parties said White will have difficulty obtain- ing the 16 votes he needs to review all Clements' appointments. Immediately after Clements' de- feat, Senate Democrats, led by Sen. Oscar Mauzy, D-Dallas, threatened to block — or "bust" — all lameduck appointments by muster- ing the necessary 11 opponents for each appointment. But recently the Democrats' game plan changed to the one that would have White call for all the names. Objectionable Clements' ap- poie tees then would be culled from the list, and others would be sent back to the Senate along with White's new nominees. Despite Democrats' 26-vote ma- jority, even White partisans said no more than 17 Democrats are likely to support the move to let White make the appointments. "Mark should have the opportu- nity to review the nominations," freshman Sen. Chet Edwards, D- Duncanville, said. "There's not a business in Texas that would not al- low a chief executive officer to ap- point his own people to top poli- cymaking positions." Edwards said he would meet with White Wednesday, as are would some other Democrats. Last week, Edwards said, Cements called him from out of state and lobiled him for 45 minutes. the Clements blitz apparently, won tome converts, Edwards said. But Brooks, who is leading the pro- White move with Mauzy, said, "I don't think he's swinging any- body." In addition to Many and Ed- wards, a third Dallas County Demo- crat, Ted Lyon, said he supports the pro-White move. The county's two Republican senators, O.H. (Ike) Harris and John Leedom, support Clements. In a private caucus of the entire Senate Tuesday morning, no tally was taken on the appointments is- sue. But senators said much discus. sion, and confusion, centered on the legal, parliamentary and consti- tutional questions involved. At noon, all 31 members were sworn in by Supreme Court Chief Justice Jack Pope, the first appoint- ment Clements made after his de-