Two newspaper clippings headlined, "Clements testimony sought," November 28, 1981, from the Dallas Times Herald, and "Hearing to decide fate of new Harris district," November 28, 1981, from the Houston Post, by Fred Bonavita. Both clippings are about the new Harris congressional district in and around Houston, Texas.
Clements testimony _ sought Judges to rule on questioning Austin Bureau AUSTIN — A three-judge panel of federal judges is expected to de- cide today whether Gov. William P. Clements Jr. will be required to an- swer questions about his role in shaping the state's congressional re- districting plan. The governor's testimony is being sought by the lawyer for a Tyler minister, the Rev. A. M. Seamon, who believes the new congressional districts discriminate against blacks and Mexican-Americans by attempt- ing to minimize minority voting 'strength across the state. Clements had appealed an earlier order requiring him to testify, but the Fifth Circuit Court of Appeals in New Orleans last week refused to excuse the governor from answering the questions. The appeals court delayed 'Cle- .ments' questioning, however, until the lower court can rule on whether the governor's testimony is necessary.. " In a rare Saturday session, the court will discuss a series of legal issues, including the Clements testi- mony issue. Clements has resisted answering questions from Seamon's lawyers, arguing that he did not participate in the legislative process that deter- mined the new district lines. Clements, the only state official to balk at testifying in the case, cited the Watergate tape case of former President Richard M. Nixon and claimed "executive privilege" in re- fusing to answer the inquiries. The governor contends he enjoys immu- nity from legal inquiries into his "intent and motivation" for exercis- ing his constitutional powers as governor. Seamon's lawyers charge that Clements exerted political pressure and offered political deals in a suc- cessful effort to win passage of the redistricting plan. After the redistricting plan was approved by the Legislature in a special session, Clements hailed the move as a victory for conservatives and a defeat for Democratic partisans. The attorneys would like to ques- tion the governor before formal timony in the trial begins on Mon- day before a three-judge panel. But Clements is at his home in Dallas for Thanksgiving vacation and does not plan to return to Austin until Monday. If eyments is ordered to testify, the governor's lawyers could appeal to Supreme -Court Justice Byron • See. PANEL.' on ..Page 2' earing to decide fate of new arris district By FRED BONA VITA Post Austin Bureau AUSTIN — U.S. District Judge William Wayne Jus- tice is to meet here Saturday morning with lawyers for both sides of a suit challenging the consitutionality of Texas' congressional redistricting plan but with a new wrinkle thrown in: A Houston man's motion that a new district for Harris County be carved out of the suit and left alone. Houston attorney Gerald Hopkins said Friday he has filed a motion to intervene on the side of the state in behalf of Richard W. Burns of Houston, who seeks the Republican nomination for the proposed new 25th Congressional District of Harris County. Hopkins said he expects Judge Justice to decide Saturday whether to grant the motion. NONE OF THE CHALLENGES to the congression- al redistricting plan attacks the nth District, per se, Hopkins said, and for that reason, it and a few others should be severed from the redistricting suit and left standing as the Legislature approved them. "We are saying, 'Leave us alone. Leave it (the dis- trict) as it is, and let us get on with our campaign,' " said the lawyer. Hopkins said he and candidate Burns would be here Saturday at 10 a.m. when Judge Justice meets with the other lawyers to discuss pre-trial motions. Justice is presiding over a three-judge panel that is scheduled to begin hearing testimony Monday morning in the suit brought by Rev. A.M. Seamon, a black East Texas preacher. THE SUIT ALLEGES THE new congressional dis- tricts discriminate against blacks and Mexican- Americans statewide. Three other groups have inter- vened in the case on the side of the plaintiffs and ale challenging lines for one or more districts around the state; all allege discrimination in violation of the federal Voting Rights Act and the U.S. and Texas constitutions. PANEL — From State Page -Whizzer" White to overturn the court order. The judges also are expected to rule Saturday on an attempt by a Houston lawyer to participate in the case. Gerald Hopkins, an attorney re- presenting Republican congressional candidate Richard W. Burns of Houston, wants the judges to en- r,1&< 76/ dorse the new districts that are not challenged as unconstitutional in the Seamon suit. Because of the Feb. 1 filing dead- line for the May congressional pri- maries, Burns, who is seeking the newly created 25th District in Hous- ton, alleges that the elections would be "chaos" if the uncontested dis- tricts are not removed from the lawsuit. If Burns is admitted as an intervenor, Hopkins sa he will be the only one on the side of the state. But agrees with the state's contention that the suit premature in that the U.S. Department of Justice 1 yet to clear the redistricting plan under the Voti Rights Act, as required by that law, said Hopkins. The lawyer said the three-judge court could sev the 25th District and all others not under specific z tack, declare them constitutionally drawn and th( hold the hearing on the others. BUT HE ADMITTED THERE was no precedent f( such a move. And he said if ,the court invalidated tl- lines for one district and ordered them redrawn, 0- lines for adjacent districts would be affected, regan less of whether they were challenged directly. • That so-called "domino effect," Hopkins said, is ft major drawback to his motion being granted by 11 court. He said if the 18th Congressional District's liro were invalidated and redrawn, the change would !- reflected in the 25th District next door. Burns is worried about the closeness of the Feb. filing deadline for next year's political primaries, hi lawyer said. If the redistricting suit is dragged int 1982, the May primary elections would be "chaos;" h said. ONE OF TIIE MAJOR pre-trial motions yet to b decided by the court is whether Gov. Bill Clements i to be compelled to answer questions from plaintiffs lawyers about his role in shaping the redistrictin; plan the Legislature OKd. The U.S. Fifth Court of Ap peals in New Orleans this week refused to block move to force the governor to give a pre-trial deposi tion, thus sending the issue back to the three-judg, panel. &"