Newspaper clipping headlined "Clements feels U.S. will drop prison suit," September 18, 1981, by Bruce Hight, published in the Austin American Statesman. Other clippings included on the page are, "Texas death row inmates challenge lethal drug" by Mark Thompson, published in the Fort Worth Star-Telegram on September 17, 1981; "Permanent School Fund reaches $3 million level" by Ken Ortolon, published in the San Antonio Light on September 18, 1981; and "Texas vs. NCAA goes to court" published in the San Antonio Light on September 18, 1981.
/exas death ro vslo witiek 441"41ORIP. 011,1h. challenge lethal drug • 4/"IT" S SEP 1 7 11 liv MARK THOMPSON Star:Telegrarn Washington Bureau WASHINGTON — Three Texas eatb row inmates filed suit here Vednesday in an effort to force the ederal government to prove that the !that drug Texas plans to use is safe 9f killing them If that can't be proved, the three risoners said in their suit filed in a aistrict court, the use of sodium liociental for executions should be armed. The Texas Legislature ap- roved the use of lethal injections in )77, but no state convict has been `Necuted using that process. Challenging the state's use of drugs o kill condemned prisoners are ioyle Skilleun, Jerry Joe Bird and lenry Martinez Porter. Five Oklaho- na death row inmates also are plain ills in the case. The court fight is beim:, waged by iwa•ers from the prestenous Wash- igton law firm of Wilheces& Con- oily, on behalf of the Nat tonal Asso- iat out for the Advancenoon of red People's Legal Defense Fund. he suit stems from a decision earlier us year by the Food and Drug Ad- immatranon to steer clear of the con- troversy. The FDA decided in July that "the use of lethal injection by state penal systems is a practice over which FDA has no jurisdiction." The inmates' lawyers had peti- tioned the FDA in December, con- tending that because the drugs in- tended for use in the executions in Texas and three other states had crossed state lines, they were subject to FDA regulations requiring them to be registered and approved with the government for use in executions. Since that hadn't been done, the inmates contended, use of the drugs to kill them would violate FDA regu- lations. Wednesday's tiling seeks to have the court order an FDA hearing in which "scientific and medical evi- dence" can be presented to show the use of lethal drugs for executions violates federal rules. Named as the defendant in the case is Richard Schweiker, secretary of the Department of Health and Human Services. "There is no evidence and no con- Permanent School Fund reaches $3 million level !v KEN ORTOLON ht Litiltit'S Stm 114-"" cri:D 1, (3 1981 AUSTIN — The state's Perma- .ent School Fund has reached the $3 anion mark, Land Commissioner ;ob Armstrong announced yester- ay. The fund, which is made up of oyalty payments from oii and gas sases on state land, reached $3 bil- on on Monday with the deposit of $1.24 million royalty payment rum Corpus Christi Oil and Gas Co., armst rung said. The fund helps finance the opera- ion of all of the state's public ele- aentary and high schools. Armstrong said the fund is "the !rgest educational endowment in he world," and he praised the "ag- ressive leasing policies" 4-1 f the chooi Land Board for the rapid ft) wth of the fund. Texas vs, NCA stoR aNTWO UGH cEp 1 8 At (UPI) — The -‘1'11.Veftil- ty of Texas goes to court Friday in the first round of a class-action suit that maintains individual schools, not the NCAA, own rights to college football games. The university, represented by Attorney General Mark White, will seek a temporary injunction barring the NCAA from carrying out any "threats of disciplinary ac- tions" against members of the Col- - The board's increase in royalty rates from one-sixth to one-fourth, coupled with increasing oil and gas prices, have resulted in growth of the fund from $1 billion in 1973 to the present level. "We believe that Texas has the best and fairest leasing policies in the nation," Armstrong said, adding that the federal government is still leasing its lands at one-sixth royal- ty. "As prices have risen, we have escalated royalties. We get our share and the lessees are making a good profit." Armstrong also praisee tes ac- tions of some Texas congressmen in preventing the fund from being taxed under the Windfall Profits Tax. The fund is now providing 7.17 percent of the average daily attend- ance cost per student, Armstrong said. goes to court lege Football Association. UT filed the suit on behalf of the 61 CFA member schools CFA, challenging the NCAA's role as ne- gotiating agent in contracting for television coverage of football games. In effect, the CFA schools would like to make such contracts on their own. sensus in t he scientific community that injection of the prescribed drugs will result in the quick and painless death of the condemned prisoner," the inmates' brief said. "Indeed, the only medical experts who have scien- tifically reviewed the humaneness and effectiveneSs of lethal injection, the Bristish Association of Anesthe- tists and the British Medical Associa- tion, concluded that itdid not present an acceptable alternative to tradi- tional means of execution because quick and painless death was unlike- ly to result." — - inc filing noted that the FDA in the past has "stringently enforced" similar ruies banning the use of drues to kill animals. Porter, one of the plaintiffs in the suit, was convicted twice of killing a Fort Worth police officer in 1975. The Texas Court of Criminal Appeals re- versed Porter's 1976 conviction and death penalty on the grounds that questionable documentsand hea [-say evidence wei e admitted. Porter, a San Antonio eveonvict, was retried in 1979 and again convicted and sen- tenced to death. Clements feels U.S. will4rop .prison suit ISBy titRUTEIS IGH T SEP 1 1Tal Amer.; an St;itesman St44 Gov. Bill Clements, scheduled to meet today with U.S. Attorney General William French Smith, said Thursday it won't surprise him if the Justice Department pulls out of the Texas prison suit decision which ordered massive changes in the Texas prieon system. But Clements, influential in the Reagan ad- ministration, added that he was engaging in seessNI "pure speculation." :a • .9.:4 • Gov. Clement Thtesday it "would be shameful" if Lne Justice Department with- drew. Last week the Justice Department backed away from a federal court challenge of a Texas law denying the children of illegal aliens a free public education. That case is now before the U.S. Supreme Court. .:4 William Bennett Turner, attorney for pris- oners in the suit, said "If the Department of Justice does a flip-flop, it would be only for political reasons," he said. Clements his been sharply critical of the rul- ing by U.S. D'.Ftric.t Judge William Wayne Jus- tice ordering elimination of overcrowding in ! the prison system, reorganization of the prison system and the hiring of more guards. The case is now being heard before the U.S. 5th Circuit Court of Appeals. "I wouldn't be at all surprised," Clements said, "to see the attorney general's office in Washington bail out of the prison situation." /02