Austin Court of Appeals Repudiates Bush-Perry Position
Replacement of Confederate Plaques at Supreme Court Building Violated Law
In a legal controversy going back to George W. Bush’s second term as governor, the 3rd Court of Appeals in Austin handed Mr. Bush and his gubernatorial successor, Rick Perry, a stinging repudiation on Friday.
The appellate court ruled that the state acting through the executive department did not follow state law in replacing plaques dedicating the Texas Supreme Court Building to Texas Confederate soldiers.
The lawsuit, originating in 2000, resulted when then Gov. Bush ordered two plaques removed from the Supreme Court building under pressure from the NAACP. The plaques were removed the night of Friday, June 9, 2000 between 5:00 P.M. and 11:00 P.M. according to work orders made public during the suit.
The plaques had been placed in the building’s lobby soon after its construction in 1962 because the state had used money from the Confederate veterans pension fund for constructing that building and a number of others in Austin.
Ray James of College Station, Texas Division Commander of the Sons of Confederate Veterans (SCV) characterized the ruling as a “great victory.” Referring to Bush’s orders to replace the plaques, James declared, “No man, not even the Governor of Texas, can take the law into his own hands. Even he must follow the proper procedure.”
“Some folks at the state may think they won this case,” he continued. Shaking his head, James countered, “Any citizen in the state can tell you that the SCV won because the State is paying the SCV’s attorney’s fees In our legal system, the loser pays the winner.”
The proper procedure, according to the Court’s opinion, was to “obtain the approval of the Texas Historical Commission regarding the form, dimensions, and substance of, and inscriptions or illustrations on” any replacement plaque. No such approval was sought.
The replacement was characterized by the Sons of Confederate Veterans as “politically correct” and so ambiguous as to violate the law’s requirements.
While the Court’s opinion allows the removal of the original plaques which the plaintiffs had sought to restore to the building, James dismissed the importance of any such holding. “We won all important points,” he declared. “The Historical Commission as required by law, not some nameless bureaucrat and not the governor, is the only one who can decide what the dedicatory plaques should say.”
James vowed that the battle for an appropriate dedicatory plaque in conformity with state law would shift now to the Texas Historical Commission. “What we sought in the lawsuit was for the State of Texas to obey the law,” he said, “and the State will have to do that with this decision.”
Compatriot Lilburn Meier, 8551 Meier Lane, Brenham, Texas 77833-7089 died Sunday, 31 August 2014. Funeral services were held Tuesday, 2 September 2014. Arrangements were made by Brenham Memorial Chapel and you can go to this link for an obituary: http://www.brenhammemorialchapel.com/obituaries
Lilburn had been a faithful member of the General Jerome B. Robertson Camp 992, Sons of Confederate Veterans, since 5 August 2010. The ancestor on whose service record he based his membership application was his g-grandfather, Pvt. Herman Meier, Co. "A," 23rd Brigade, Texas State Troops.
Please join me in expressing condolences to Lilburn's family -- particularly to his wife Dolores, his daughter Lana and his two sons. Lilburn and Dolores were married 9 August 1958 and had celebrated their 56th anniversary earlier this month.
If the South should lose, it means that the history of the heroic struggle will be written by the enemy, that our youth will be trained by Northern school teachers, will be impressed by all of the influences of history and education to regard our gallant dead as traitors and our maimed veterans as fit subjects for derision. ~Maj. General Patrick Ronayne Cleburne, CSA
The Sam Davis Youth Camp is highly successful in educating youth about our Southern heritage and instilling in them a strong appreciation for our Confederate veterans and those principles given to us by Lt. General S. D. Lee in The Charge. If we do not train our children/grandchildren to have a strong appreciation for their Confederate ancestors who will take our places within the Sons of Confederate Veterans?
The 2014 Sam Davis Youth Camps are held at Three Mountain Retreat, 1648 FM 182, Clifton, Texas. Watch the video below and learn what's available for boys and girls ages 12 - 18. Then download an application from the following site and send it in. http://r20.rs6.net/tn.jsp?f=001cdlvhxP4EGKRSKFkrRnITBsE36b1VZT49txwqx_SFpVHN60EIttPgYZ4qCH8HtTu_c_Jxf9kfTf7_3AaPARYHmoSaReokOJoa1XjjBeuthAa9stMqkgSJiShZqLIneb6zWWB4TA4TTL7RN50Ulk-y8Fczktpe_UELa22kZ6VRyk=&c=wTwb7Ycch9HrmZMmyi3UtutIZi72-CvWs4KwyHvncVP74c51Kj8JtA==&ch=Yr3bG4y9-ugV4VrHDFg1nCmuxHBDkr2bm9pxFzCVbOdtLg1TwI6d4Q==
P. O. Box 131
Decatur, TX 76234