Showing posts with label Jim Simons. Show all posts
Showing posts with label Jim Simons. Show all posts

15 November 2012

Jim Simons : Judge Bill Kilgarlin Was a Different Kind of Friend

Judge William Wayne Kilgarlin. Image from the Tarlton Law Library, University of Texas at Austin.

Bill Kilgarlin:
A different kind of friend
On the Texas Supreme Court he showed his values and commitments had not changed and Texas was better for it.
By Jim Simons / The Rag Blog / November 15, 2012

It seems like most of my contributions to The Rag Blog have been inspired by the death of someone I knew and who had an influence on my life. So here we go again.

The day before the national election former Supreme Court of Texas Judge Bill Kilgarlin died in New Mexico. He had been one of the best judges to serve on that court during my professional life, nearly 50 years. He wrote decisions recognizing and defining some much needed law around the Bad Faith doctrine, which gave a consumer a cause of action against an insurance company that acted in bad faith to decline or try to underpay benefits, standard practice.

So of course the insurance companies put up big bucks to beat him and all the other people-oriented judges on the Texas Supreme Court, making it one of the worst high courts among the states. They proceeded to undo the law and create one of the more calcified, business-oriented courts to be found anywhere. And so it has continued for the last 25 or 30 years. No Democrat has been elected to it in many years.

This history is probably Bill’s legacy. But to me he was a jovial companion, onetime roommate in law school, and perhaps, above all, a big -- literally and figuratively -- player in two activities that stand above most of the stops along my way. One was scholastic debate and the other was the Young Democrats.

When I met Bill in the late 1950’s he was coaching debate at the University of Houston. It was probably at the Tulane college debate tournament where my colleague (as we called our partners in competition) and I, representing SMU, met the UH team in the final debate. The Kilgarlin-coached team beat us for the big trophy but I left New Orleans with a new friend. Shortly afterwards he was elected to the Texas House of Represntatives.

All of the time I knew Bill he was never so impressed with his status (he accomplished much and was well recognized for it) that he changed in how he related to friends. Nor was he reserved in sharing a pitcher of beer or celebrating an election victory. There was once a radio program called “Just Plain Bill” and it could have referred to Kilgarlin.

One example of this occurred on a steamy night in the summer of 1960. I had been in Houston with two old friends from high school days, swilling beer and carrying on, when I got into a serious argument (over money) with the guy in whose car we came to Houston. Long story short, he left me on the side of the road on South Main in a mosquito-patrolled ditch. Worse, I was broke and it was light years before cell phones.

In my beer-saturated state I could only wonder what I could do. I hardly knew anyone in Houston even if I could somehow find a phone number and call for help. I went across the street to a seedy motel where a compassionate clerk allowed me to use the phone directory and his phone to call Bill Kilgarlin. Without hesitation he came and picked me up.

I stayed over in the house where he was staying, his parents’ modest home. I was able to clear my brain and took nourishment. And to my shock, Bill offered to take me back to Austin in his incredible classic Rolls Royce, or whatever the thing was.

I thought of the guys who abandoned me in a ditch and of Kilgarlin -- two different kinds of friends. He was still a member of the legislature at that time but he loved a good party and we found several in Austin in the next few days.

The atmosphere of that time among Austin liberals is captured perfectly in Bill Brammer’s classic novel, The Gay Place. I don’t remember a character one might have recognized as affable, fun loving Bill Kilgarlin, but surely he was the inspiration for some of Brammer’s Austin partiers.

After a split in the Young Democrats, Bill Kilgarlin (left), then a Harris County State Representative, and Jim Simons confer at the University YMCA. Photo by Hyatt. Image from the Daily Texan, fall of 1959.

One thing Bill loved to do at Scholz Beer Garten was to stand on a table and bellow out operatic arias or drinking songs. His refrain would reverberate thoughout the legendary Austin watering hole. In the late fall of 1960, Kilgarlin and I combined with two other friends in law school to rent a big old house right behind Scholz’s.

Beginning in 1959 when I came to the University of Texas and Bill was in law school, we were on the same side in the factional battling of the Young Democrats. We were solidly aligned with the more liberal group that statewide included Oscar Mauzy, David and Ann Richards, and many other stalwart folks such as Austin’s new tax assessor-collector Bruce Elfant’s parents, Martin and Eileen Elfant.

In so many ways, it was a fantastic group of political people and for the next five years we caroused and schmoozed both at YD functions and in bars across the state of Texas. Both Kilgarlin and I served as statewide YD officers in those years. Only in the much more serious and purposeful days of the Movement later, in the ‘60s, would I ever be that close to a group of like-minded people.

I would have a hell of a time picking which association was more fun. Like Emma Goldman, my revolution must allow dancing. I thought then that those people, with whom so many all-night strategizing sessions and all-day beer parties had illuminated my young life, would forever be my dear comrades.

But the day did come when I had to leave a meeting of liberals in 1967, the Democrats of Texas, because they were too weak-kneed or determined to avoid a subject that could diminish their chances of electing a Governor, to take a stand on principle and condemn the war in Vietnam. My friend and brother in the Movement (then new to us) Martin Wiginton and I walked out and left behind some of our best friends and allies of past political skirmishes.

It was the beginning of new strategy with new younger allies on the anti-war and civil rights fronts. New and just as deep, or deeper, bonds would be forged in the ensuing years. A radical vision and more determined assault awaited.

Bill Kilgarlin was about seven years older than me and he never left the so-called mainstream of liberal politics except, some argue, to compromise himself to then-Governor Dolph Briscoe and get himself appointed to a district judgeship in Houston around 1976. Later on the Texas Supreme Court he showed his values and commitments had not changed and Texas was better for it.

I hardly saw him at all over the last couple of decades. He moved to Santa Fe after being defeated in the special interest coup d'état of the Texas courts by the forces of darkness. Whenver I did see Kilgarlin, it was like there had been no gulf of time between us. He was as friendly and engaging as he was at the Tulane debate tournament of 1958, or in the Young Democrat wars and parties or as my roommate in that house far too near to Scholz’s for me if I wanted to get through law school.

I am glad he enjoyed his privacy, his operas, and his wine for the last years of his life in New Mexico. Most of all, I am glad to have known him.

[Jim Simons practiced law in Austin for 40 years, representing many movement activists, including anti-war GIs. Jim served as a counsel for members of the American Indian Movement who were arrested at Wounded Knee in 1974. After he retired he published his memoir Molly Chronicles in 2007. Read more articles by Jim Simons on The Rag Blog.]

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19 September 2012

Jim Simons : Ralph Nader Was Right

Graphic from AboveTopSecret.com

Ralph Nader was right:
No more voting for the 'lesser evil'
When will we stop doing the same thing every four years and marveling that the results are not different?
By Jim Simons / The Rag Blog / September 19, 2012
“Sitting on a sofa on a Sunday afternoon
Going to the candidates debate
Laugh about it, shout about it
When you’ve got to choose
Ev’ry way you look at it, you lose”
-- Simon and Garfunkel (from “Mrs. Robinson”)
[We believe that Jim Simons' opinion piece published below expresses well how a substantial segment of the left feels about the Obama presidency and the current state of electoral politics in the United States. It does not, however, represent a Rag Blog editorial position on the 2012 presidential election and should not be construed as a recommendation on our part to vote for a third party candidate.]

These words were written 40 years ago or more. I remember I wrote a small piece for The Rag about that time to the effect that we were not going to win anything by electoral politics. Yet, every four years -- even today -- we forget this historical truth and embrace the lesser of two evils as though a new age is dawning, never so passionately as we did in 2008.

Remember Hope and Change? What changed -- or should I ask, what changed for the better? I was as guilty as anyone. My brain told me not to buy into it, my heart took a leap of faith. There was a long fall from that leap as we watched Obama continue Bush’s foreign policy and violate almost every promise the golden tongued orator made, from Gitmo to electronic surveillance in our own country.

Whistle blowers are being prosecuted far more than under Bush, transparency in government undermined at every turn, power usurped by the Republican president is eagerly exercised by the Democrats. A wholesale increase in immigrant summary deportation has occurred. The Democrats and Obama have ignored or capitulated to plunder the environment.

The argument is that we should vote for Obama in spite of his betrayals, none worse than giving up on even the public option for health care, because he is better than Romney, even though from the standpoint of progressives he is at best the lesser of two evils.

This is the ploy that has kept us chained to the pale and lame horse of the Democrats in every race since 1964. Why must we choose from evils? Why can’t we have a real choice? Sallow-faced liberals sigh and say this is the reality, we must face reality. Bosh. Here is the reality: the system is broken; it is rigged to permit only the two wings of essentially the same party to constitute the choice.

I grant the Republicans are bad. That is why we are always backed into the same corner; it is self-perpetuating. When, in what Presidential election, will it be any different? There will always be the argument that we must prevent the really bad guys from getting into office by voting for another candidate who does not represent our views.

At this juncture we are ill-served by the supposedly two-party system. And yes, public funding and shortening the length of campaigns are also essential or all our elections, after Citizens United, will be up for the highest bidder, always big corporations and the 1%.

The only solution to this perennial waltz of the lemmings is to have a choice on the ballot. More and more people (see Bill Moyers’ show -- "Challenging Power, Changing Politics" -- on PBS of September 7) are recognizing that we need a divorce from the ineffectual, compromising-without-a fight Democrats. We need other parties on the ballot in all 50 states.

There is an array of laws in the states (election law is primarily state law) on ballot access. Not surprisingly, Texas has one of the most draconian laws designed to insure that no third parties will get on the ballot. It will not change until we demand a change and stop blindly supporting any yellow dog Democrat. This is the position of not thinking, simply knee-jerking into the same way of doing things election after election.

I am through (again) voting for Democrats -- at least in the presidential election -- and being shocked by their retreat and abandonment of progressive principles once elected.

This year I worked briefly to get Rocky Anderson, a true progressive, and his Justice Party on the ballot in Texas. It was too onerous a hurdle with time shortened by redistricting cases. Also, the two parties have all the resources. In other words, there was insufficient money and time to wage a court battle to get Rocky on the ballot. That is what it would have taken, what it has taken in the past in the few instances when a third party succeeded. I have litigated such cases in the past with mixed results.

The first few times out the Justice Party or the Green Party are not going to win and that is not the point. We need to build toward a future when there is a true choice. Strong third party or parties with left politics could also have an effect on the Democrats who would need to appeal to poor (truly the forgotten population) and working class voters, as well as educated liberals in academia and the professions.

I like the two women who are on the Green Party ticket for president and vice-president, Dr. Jill Stein and Cheri Honkala. If I see them on my ballot I will vote for them. I have no idea whether they will be on the ballot in Texas. I hope so but I doubt it. Barring that, I will write in Rocky Anderson.

When foreign countries decree that certain parties or certain candidates may not run for office we say it perverts democracy. Yet that is exactly what is happening here in setting up huge roadblocks to any party that represents liberal or radical views. The faithful, if complacent, remnants of the Democratic Party who still read the Texas Observer and speak in their middle-class dens of the need to change things yet steadfastly go to the polls to vote against the greater evil, are not going to bring about any change unless it is ever moving Democrats rightward.

They don’t seem to realize that they could vote against a McCain or Romney while not rubber-stamping an Obama. The drilled in mind-set is that in order to vote against the bastards, we must vote for the so-in-sos. We must start now, in this election and beyond, to build progressive alternatives and get them on the ballot. And to change ballot access laws. Only a truly independent party based on principle, not one bought off by Wall Street, can create change or even fight for it.

Back in those misty days of the Movement we accepted the mantle of radical because what is wrong in this country will require more -- as we have dramatically seen in the last four years -- than getting another lesser of two evils elected. Organizing on the basis of issues at the grassroots level is still what will bring real and lasting change.

However, I now believe we don’t have to abandon electoral politics to the likes of the Koch brothers. But the prerequisite for having democratic government is changing the stranglehold the Repubcrats and Democans have on the system which nominates and elects the legislative and executive lawmakers. That could make a big difference.

When will we stop doing the same thing every four years and marveling that the results are not different? Isn’t that the definition of insanity? I am sick of yellow dogs and blue dogs -- of government going to the dogs.

[Jim Simons practiced law in Austin for 40 years, representing many movement activists, including anti-war GIs. Jim served as a counsel for members of the American Indian Movement who were arrested at Wounded Knee in 1974. After he retired he published his memoir Molly Chronicles in 2007. Read more articles by Jim Simons on The Rag Blog.]

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08 August 2012

RAG RADIO / Thorne Dreyer : Actor, Radical Lawyer Brady Coleman & The Melancholy Ramblers

In a forest of mics: Brady Coleman on Rag Radio at the KOOP studios in Austin, Texas, Friday, July 17, 2012. Photo by Thorne Dreyer / The Rag Blog. Inset photos below: Brady Coleman and Jim Simons. Photos by Alan Pogue / The Rag Blog.

Rag Radio interview:
Actor, movement attorney Brady Coleman
plus Jim Simons, & The Melancholy Ramblers

By Rag Radio / The Rag Blog / August 8, 2012

Brady Coleman, now a film actor and musician, was a prominent attorney representing movement activists in Texas and around the country. Jim Simons was Brady’s partner -- along with the late Cam Cunningham -- in Austin’s Movement Law Commune. Brady and Jim were Thorne Dreyer’s guests on Rag Radio, Friday, July 27.

They were joined by Brady's band, The Melancholy Ramblers, also featuring Frances Barton and Marco Parella. The Ramblers performed live on the show.

Listen to Thorne Dreyer's Rag Radio interview with Brady Coleman, Jim Simons, and The Melancholy Ramblers, here:


Rag Radio features hour-long in-depth interviews and discussion about issues of progressive politics, culture, and history. The syndicated show is produced in the studios of KOOP-FM in Austin, Texas, a cooperatively-run all-volunteer community radio station. It is broadcast live on KOOP and streamed live on the Internet, and is rebroadcast on WFTE-FM in Mt. Cobb and Scranton, PA.

Brady Coleman was a radical lawyer from the late ‘60s through the '80s, working with the Movement Law Commune in Austin, Texas. He and his original partners -- Jim Simons and Cam Cunningham -- were heavily involved in major anti-war and civil rights litigation, defending campus radicals, black, Chicano, and American Indian activists, and anti-war GIs -- in Texas and around the country.

Jim Simons joins Coleman to discuss their late law partner, Cam Cunningham, who died earlier this month. Simons wrote about Cunningham in a July 15 tribute in The Rag Blog.

Brady Coleman eventually gave up his law practice to work full-time in theater, film, and music. He has appeared in more than 50 films, from "What’s Eating Gilbert Grape," to Richard Linklater’s highly-acclaimed 2011 movie, "Bernie," in which Brady played attorney Scrappy Holmes -- and in television series including "Walker, Texas Ranger" and "Friday Night Lights."

The Melancholy Ramblers -- featuring Coleman, Frances Barton, and Marco Perella -- are a popular Austin band that play an eclectic mix of country, folk, gospel, honky-tonk -- and the occasional Irish revolutionary anthem!

Writing at the Internet Archive, a reviewer of the Rag Radio podcast said, "The fascinating stories are interspersed with spirited Texas music that lifts the heart and fires the spirit. If you are a wayward daughter or son of the lone star state, this is an essential audio history."

Not So Melancholy Ramblers: From left: Brady Coleman, Jim Simons, Rag Radio's Thorne Dreyer, Frances Barton, Rag Radio engineer Tracey Schulz. In front: Marco Parella. Photo by Alan Pogue / The Rag Blog.

Rag Radio has aired since September 2009 on KOOP 91.7-FM in Austin. Hosted and produced by Rag Blog editor and long-time alternative journalist Thorne Dreyer, a pioneer of the Sixties underground press movement, Rag Radio is broadcast every Friday from 2-3 p.m. (CDT) on KOOP, 91.7-fM in Austin, and is rebroadcast on Sundays at 10 a.m. (EDT) on WFTE, 90.3-FM in Mt. Cobb, PA, and 105.7-FM in Scranton, PA.

The show is streamed live on the web by both stations and, after broadcast, all Rag Radio shows are posted as podcasts at the Internet Archive.

Rag Radio is produced in association with The Rag Blog, a progressive internet newsmagazine, and the New Journalism Project, a Texas 501(c)(3) nonprofit corporation. Tracey Schulz is the show's engineer and co-producer.

Rag Radio can be contacted at ragradio@koop.org.

Coming up on Rag Radio:
THIS FRIDAY, August 10, 2012,
Rag Blog writers Bruce Melton and Roger Baker on global warming and climate change denial.
August 17, 2012: Lynn Stout, author of The Shareholder Value Myth, and Mike Lapham, co-author of The Self-Made Myth.

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15 July 2012

JIm Simons : Remembering Cam Cunningham

Former Movement lawyer Cam Cunningham passed away this month. Photo by Alan Pogue / The Rag Blog.

Defending the Movement:
Remembering Cam Cunningham
In 1971 we cleaned out our firm bank account and took off by car to the May Day action in Washington, D.C., where we started out as participants... to 'shut down D.C.' in protest against the Vietnam war and wound up lawyering to get our comrades out of jail.
By Jim Simons / The Rag Blog / July 15, 2012
Jim Simons will join his former Movement law partner Brady Coleman (now an actor and musician) and Brady's band, The Melancholy Ramblers (who will perform live) as Thorne Dreyer's guests on Rag Radio, Friday, July 27, 2-3 p.m., on KOOP 91.7-FM in Austin, and streamed live on the Internet.
AUSTIN -- Cameron McPherson Cunningham was a lawyer nonpareil. Although he succumbed to cancer in July 2012, he will be long remembered in Texas and California, even on the national stage, because he chose to be a lawyer for the people, not for the corporations.

It is not so uncommon now for young lawyers to go into public interest law, or legal services, or even to become radical lawyers, as Bill Kunstler described himself in his memoir. When I was Cam's law partner for the early years in Austin -- 1969 to 1978 -- we both thought of ourselves and self-identified as radical lawyers. As did other partners who came aboard the rollicking ship of our law firm, unlike most all the legal vessels of the time. We meant it to be that way. And I can tell you it was damn good fun in addition to being deadly serious politics.

It all started in Montreat, North Carlolina, in late August or early September 1969. Cam had graduated from the University of Texas Law School in 1967. He received a Reginald Heber Smith fellowship which paid all or part of his salary at a designated legal services program. For him it was the DNA Navajo legal services program, federally funded as part of the War on Poverty, located in the four corners in Arizona. DNA is an acronym for the Navajo phrase Dinébe’iiná Náhiitna be Agha’diit’ahii -- which means “attorneys who work for the economic revitalization of The People."

I had met Cam when he was still in law school and I was with the OEO Regional Office in Austin. (OEO being the federal agency that ran the War on Poverty). Over the next couple of years we became friends. The Movement had galvanized a large segment of young people in the U.S. I opened my solo practice in 1968 and was immediately swamped with cases arising from anti-war demonstrations, the military draft, and civil rights.

Austin's Movement lawyers: From left, Cam Cunningham, Jim Simons, and Brady Coleman, at Austin's Saxon Pub for the first public performance by The Melancholy Ramblers in 1991. Photo by Tom Moriarty.

In December of 1968 Austin activists, including Martin Wiginton and Greg Calvert, with input from Cam in Arizona, organized a conference of lawyers and Movement people at a dude ranch in Wimberley, Texas, just outside of Austin. The purpose was to nudge fee-charging lawyers into pro bono representation of the multitude of arrestees and military resisters.

As a result of the conference, Cam was “hired” as a roving organizer or liaison with the progressively-inclined lawyers in Texas identified at Wimberley. I doubt that much money for living expenses was ever paid but at some point Cam left the legal services program to take on his new task.

He and his wife, Cris, moved into the rented house where my wife and I lived on the east side of Austin. We became closer friends, so to speak. But we did enjoy the companionship and it was the Sixties. I recall that Cam got a part-time position at the law school with the penal code revision project, in part thanks to law professor and friend, Fred Cohen, known facetiously by other faculty folk as “Fred the Red."

By 1969 Cam was committed to devoting his considerable energies and abilities to Movement law. At summer’s end we got wind of the lawyers’ confab known as the Southern Legal Action Movement (SLAM) to be held at Black Mountain near Montreat, North Carolina. Cam convinced me to go although I had been in informal rehab from the law that summer.

Like Wimberley, the Montreat conference was wild and wooly. All the Movement lawyers we ever heard of were there. From the New York Law Commune we found a model for what Cam wanted to do in Austin: a law commune. And so it was born in the wee hours one night in a long whiskey conversation between the two of us. He had the vision and I at least had some experience in such cases, which did not make me enthusiastic at first. We followed the New York lawyers up to New York after the conference and learned a lot.

Those idealistic principles seem a tad naive now. Like income limitation, legal workers and lawyers all with the same say and voice in the operation, fee cases to pay the way for Movement work, and so on. By the time we got back to Austin I did share Cam’s zeal to proceed with it; he had won me over. We rented a small suite near the University of Texas campus. We had one legal worker, Julie Howell (she is a lawyer now). But it really did not go too well.

Cam was trying to keep the penal code revision job and still practice law. We did defend Richard Chasein at a general court-martial at Fort Hood, after he declined training for riot control in American cities. This was a Movement case we did without fees. Other cases that should have generated fees didn’t. Money was a big problem that fall. I took a job at Dallas Legal Services Project in the spring of 1970. Cam soldiered on. In a few months I returned.

That summer the Radical Lawyers Caucus was formed for a run at the State Bar of Texas convention. With Bill Kunstler as our main speaker and other speeches by Maury Maverick, Jr. and Warren Burnett -- both great progressive Texas lawyers -- we made a splash at the convention. Before the convention the bar’s official journal declined to accept our paid ad about the Radical Lawyers Caucus. The suit we wanted to file was sent to Cam in Austin. I came back in time to brief the law and try the case which we won in federal court.

Our early struggles, stops and starts, changed for the better when a trial lawyer from East Texas contacted us -- or we contacted him after we saw his ad in the Texas Observer. In the fall of 1970 Brady Coleman became the third musketeer and our course was set. For the next couple of years we three were very close. We joked that we were closer to each other than to our wives, which was probably no joke. All three marriages ended in divorce in the early ‘70s.

In court: Com Cunningham, center, in beard, with Brady Coleman, right, successfully defended John Kniffen, left, a former Vietnam Marine who was beaten by Austin cops at an anti-Vietnam war demonstration. Photo by Alan Pogue / The Rag Blog.

Brady had a lot of trial experience and he and Cam became a lethal trial team. Cases all around the state sent us into battle: Dallas, Houston, South Texas, and West Texas. Fort Hood kept us hopping. Busts on a large scale happened around the university. Cam was loving the practice of Movement law. He especially took to the criminal law. He and I defended a black activist charged with setting the UT ROTC building on fire.

Cam and Brady tried some murder cases (not political) and we all represented those charged with drugs. Brady and I tried civil cases against the city, police, even one against Ma Bell, the proceeds of which funded a great party that we dubbed the Last Annual Ma Bell Counter-Ripoff Wild Boar Feast.

In 1971 we cleaned out our firm bank account and took off by car to the May Day action in Washington, D.C., where we started out as participants in the action to “shut down D.C.” in protest against the Vietnam war and wound up lawyering to get our comrades out of jail. Later that summer we went to the riotous National Lawyers Guild convention in Boulder, Colorado, where it was decided amid great controversy that legal workers, jail house lawyers, and law students could be members of the previously all-lawyer Guild, the progressive bar association through the decades representing the Movement.

One thing we always did on these trips: have a big old good time. Cam was the leader of this fun, with all of us singing at the top of our lungs, quaffing any available spirits, toking and talking the talk, later recalling the great stories repeatedly even when they made us look bad -- especially when they made us look bad! We were doing exactly what we wanted to do in a time when it counted for more than any other time.

If Cam was the leader of merriment, Brady was the provider of mellow entertainment with his guitar and voice. I tried to crack jokes, often so droll Cam did not recognize the joke and took it literally, as a Midwesterner is wont to do. (He often spoke of growing up in Detroit.) This was the beginning I guess of small rifts between us.

One night sitting at the old Villa Capri Motel dining room in Austin, Cam excoriated both Brady and me for the conventional, sell-out law we had been guilty of prior to coming under his tutelage. It got so bad we all three slammed out of there in different directions. At a time when there was definitely a bit of tension, we were saved again by adding legal ballast to the firm. We were lucky enough to gain two great new partners, Bobby Nelson and John Howard in fall 1972 at the old 15th Street law office. And soon we were back to doing what we set out to do, representing the Movement.

Anti-war GI's and other activists gathered at the Oleo Strut GI Coffee House in Killeen, Texas, 1971. Cam Cunningham, in inset at right, with long dark hair. Brady Coleman is to his right. Photo by Alan Pogue / The Rag Blog.

In 1972 Cam and Brady were part of the legal team that represented the Vietnam Veterans Against the War (VVAW) in a trial in Gainesville, Florida. The Gainseville 8 were charged with conspiring to blow up the Republican convention. In 1974 John Howard and I represented a defendant in the Wounded Knee occupation (as we might call it now). There had been a siege of 71 days to a standoff with blazing guns. The Indians and their allies who held the store against the FBI were charged with multiple felonies in federal court.

I am unsure of the year, but in that same period, Bobby Nelson was part of a delegation to Cuba. We all had our Movement cases in and around Austin involving defense of GI’s, SDS members, civil rights activists, lawsuits concerning women’s rights, gay rights, and the counterculture in myriad legal battles. The law firm was an institution in the community of Movement groups and people from that Montreat beginning -- Cam’s vision and determination -- to the end of the firm in 1977, the year Cam moved to the Bay Area of California.

[Jim Simons practiced law in Austin for 40 years, representing many movement activists, including anti-war GIs. Jim served as a counsel for members of the American Indian Movement who were arrested at Wounded Knee in 1974. After he retired he published his memoir Molly Chronicles in 2007. Read more articles by Jim Simons on The Rag Blog.]

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20 January 2011

Jim Simons : Sargent Shriver and the Forgotten War Against Poverty

Sargent Shriver. Photo from Time/Life.
Sargent Shriver, warrior against poverty (1915-2011)

R. Sargent Shriver, the exuberant public servant and Kennedy in-law whose career included directing the Peace Corps, fighting the War on Poverty, ambassador to France and, less successfully, running for office, died Tuesday [January 18, 2011]. He was 95. Shriver, who announced in 2003 that he had Alzheimer's disease, had been hospitalized for several days. [....]

The handsome Shriver was often known first as an in-law -- brother-in-law of President John F. Kennedy and, late in life, father-in-law of actor-former California Gov. Arnold Schwarzenegger. But his achievements were historic in their own right and changed millions of lives. [....] President Barack Obama called Shriver "one of the brightest lights of the greatest generation..."

-- Jessica Gresko / Associated Press
Sargent Shriver… built the left flank of John Kennedy’s remarkable 1960 presidential run. In so doing he freed President Kennedy to make critical choices in favor of civil rights and economic justice.

-- John Nichols / The Nation
Poverty in America:
Sargent Shriver and the forgotten war

By Jim Simons / The Rag Blog / January 20, 2011

I heard a recording the other night of the telephone conversation between LBJ and Sargent Shriver when Shriver was appointed to head the War on Poverty. Johnson said something like, “I want to get on with it and end poverty in America.” He said this as one might say, “I want you to bring me the newspaper,” as though it could and would be done.

Shriver became the Director of the Office of Economic Opportunity (OEO) when it started. There could have been no better person for the job. The legislation (yes, it actually passed Congress) was inspired, so the story went, by Michael Harrington’s milestone book The Other America. There was significant poverty in the world’s richest country at the midpoint of the 20th century and it was inexcusable. It was that simple.

No one lambasted Johnson for being taken in by a socialist. Indeed, Harrington was a democratic socialist as well as being an intellectual and social critic with strong publishing credits. If anyone did yell “socialism,” no one paid any attention. How times have changed.

The War on Poverty initiated a panoply of wide-ranging programs designed to eradicate poverty -- Head Start, Legal Services, VISTA, and the big one, the Community Action Program (CAP). CAP put hundreds of local Saul Alinsky’s in the poor communities nationwide, organizing and mobilizing the poor to make fundamental changes designed to bring the people up out of poverty.

President John F. Kennedy with brother-in-law, Sargent Shriver, then director of the Peace Corps, after signing a bill giving the Peace Corps permanent status, Sept. 22, 1961. Photo from UPI.

Well, that was the theory. Oddly enough it was working to do just that when, finally, the predictable backlash came. Members of the establishment everywhere became riled up about the upset to the social order of their communities. If CAP had not been so effective we might never have heard from these representatives of the local power structures.

As it happened, newspapers editorialized and Congressional hearings were set in motion. Now came the chant of "socialism" and "communism." OEO and the foment it swelled was every bit as big as the civil rights legislation of the same period. And it was working until backlash shut it down. Whenever there was a confrontation between the organized poor and the power structure, guess who prevailed.

Sargent Shriver died this week and I remembered that I had worked for him at OEO in 1966-1967. I met him once in Washington, D.C. and I believed in his commitment and ability to win the war on poverty. In the summer of 1966 he, or his deputy director, Edgar May, sent Peter Spruance of the OEO Office of Inspection (which May headed) to Austin where the Southwest Regional Office of OEO was. They wanted to find a suitable person to occupy the local Office of Inspection in the regional office.

Spruance, who was a lawyer from California, called Ronnie Dugger, editor of the (then) crusading liberal paper, The Texas Observer. I was working as Assistant City Attorney of Pasadena, the Houston suburb, and hating the job and the town. At this very time I was in Austin trying to find a job or some practice situation so I could live in Austin. I happened to call my friend Dugger and that is when he put me in touch with Spruance who interviewed me. As it is said, the rest was history.

So I was in a unique place and time to witness the winning of early skirmishes by the people and the ultimate losing of the war. The former was thrilling beyond words and I have never felt better about the work I was doing. The latter was among the saddest defeats I’ve ever been dealt, defeats for all of us as the ship went down.

Sargent Shriver, then director of the Office of Economic Opportunity, shown with Dr. Martin Luther King, Oct. 24, 1966. Photo from Bettman / Corbis.

Over my two years at OEO the war in Vietnam was radicalizing me, to be sure. But the demise of the war on poverty set in motion in those years contributed to the process and probably had as much to do with my personal radicalization as did the war in Southeast Asia. They were interrelated wars. After that, I opted to open a basement law office to represent the peace and justice movement that had been waked in the country in the ‘60s. And that too was history.

But I have never forgotten the experience of the war on poverty, or for that matter, Sargent Shriver. I’ve always had immense respect for him. The times conspired to keep him from attaining high political office. I fear we will not see that caliber of person in politics unless the country changes more than now seems possible.

It is a big loss. But what strikes me as saddest of all is that the poor in America have been totally forgotten. No one talks of a war on poverty anymore. Supposedly progressive politicians speak of the middle class, not the poor. Everyone acts as if they don’t exist. There are more people in poverty now than in 1966 and it is getting worse all the time as the elite and the middle-class jockey for position in electoral politics.

When will we face again the challenge of ending poverty in America?

[Jim Simons practiced law in Austin for 40 years, representing many movement activists, including anti-war GIs. Jim served as a counsel for members of the American Indian Movement who were arrested at Wounded Knee in 1974. After he retired he published his memoir Molly Chronicles in 2007].

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30 October 2009

Paul Baker : Giant of Texas Theater Dies at 98

Paul Baker in front of Dallas Theater Center, designed by Frank Lloyd Wright, 1960. Photo by Eliot Elisofon / Life Images.

Giant of Texas theater Paul Baker:
Director, educator, firebrand dies at 98
See 'Paul Baker at Baylor: A student remembers,' by Jim Simons, Below.
Texas has lost one of its legendary artistic mavericks: Theater pioneer Paul Baker died Sunday [October. 25, 2009] of complications from pneumonia at his Central Texas ranch.

Mr. Baker, 98, was the founding artistic director of the Dallas Theater Center, which he led for 23 of its 50 years. His unconventional ideas about education nurtured such playwrights as Preston Jones, and his students have been among the most influential Dallas arts leaders...

Mr. Baker was also known for his mercurial moods and his practical jokes. Actor Charles Laughton, whom he directed in the 1950s, called him "crude, irritating, arrogant, nuts and a genius..."
While a professor at Baylor University in the 1950s, Mr. Baker attracted national attention with his experimental productions. His national profile caused Dallas theater backers to invite him to set the initial course for the city's leading theatrical institution. He worked with master architect Frank Lloyd Wright on the design of the Theater Center's home for its first 50 years, the Kalita Humphreys Theater. [This would be Wright’s last building.]

Controversy always lurked near Mr. Baker. In 1963, Baylor University asked him to omit language the school objected to from Eugene O'Neill's Long Day's Journey Into Night. He, his wife, Kitty (who taught mathematics at the Baptist-affiliated university), and his entire staff resigned -- but immediately set up an even bigger shop at Trinity University, by then in San Antonio.

Lawson Taitte / Dallas Morning News

In the 1950s, Baker invented revolutionary arts training known as “integration of abilities,” which won the attention of theater artists around the world...

...Baker made a crucial voyage to England, Germany, Russia and Japan to observe theater. Insights from this trip helped form a new Baylor theater, Studio One, which placed the audience in swivel chairs embraced by six stages. Over the next decades, Baker would contribute to 10 other Texas theater designs that positioned the dramatic action around the halls, rather than on a 19th century-style picture frame stage.

Michael Barnes / Austin American-Statesman

From left, Burgess Meredith, director Paul Baker, and Charles Laughton at rehearsal for Hamlet, Baylor University. Photo by Myron Davis / Time & Life Pictures /Getty Images.
Paul Baker at Baylor:
A student remembers


By Jim Simons / The Rag Blog / October 30, 2009

In my one year at Baylor University in the late ‘50s, I was not impressed by the quality of education or the professors. Even so, my best college professor at the three universities I attended may well have been Paul Baker at Baylor.

I took two courses he taught: Beginning Playwriting and Introduction to the Creative Process. I quickly confirmed I was no playwright in the making. My heavy-handed play, laden with obvious symbolism and self-consciously intellectual dialogue, earned me a C, generous at that. But the other course was one of the best I ever encountered in
Texas academe. We studied all kinds of art -- literature, painting (I wrote a paper on Joan Miro), architecture, dance and music in one electrifying semester.

It was the process of creating art that Baker was after. We read what artists themselves had written in letters or essays about their work. We read their works (literature) and the analyses of critics. It was, as you can tell, a lot of work. Work undertaken willingly and enthusiastically. In class Professor Baker lectured in his roving and animated style and he brought in a few of the people we studied to lecture in person. Luckily, all my other courses were a cakewalk and so I made an A in this scintillating class.

At the time I did not realize how truly marvelous this course, or Baker himself, was. It was only years later that I came to view this as a significant part of my education. Day dreaming in law school as the teacher droned on about the Statute of Uses or Texas land titles, I found my mind going back to things we learned from Baker, or more accurately, with Baker. His mind seemed always sweeping over the familiar (to him) material and finding new insights which clearly delighted him. He was equally delighted if one of the lunks seated in the Baylor Theater where the class was held came upon a revelation.

At the time it was said that there were about three avowed liberals on the Baylor faculty. I believe Paul Baker was one of them. I knew my great debate coach, Glenn Capp, was one of them and I had heard that Dr. A.J. Armstrong of the English Department (and his wife Anne) completed the courageous Baylor triumvirate. There might have been a few other pretenders or, as we said in other contexts, “LBJ liberals,” not unlike what Sam Rayburn said of Dixiecrats, they were like "new antiques." (Of course, Rayburn never said that of his close ally, Lyndon.)

I was shocked to see that the story about Paul Baker’s death at age 98 that ran in the Austin paper failed to even mention Baker’s resignation from Baylor in 1963 over the attempt to censor a play at the Baylor Theater. I wondered whether Baylor University had succeeded in whitewashing history?

In 1963 Paul Baker mounted a production of Eugene O’Neill’s “Long Days Journey Into Night” at Baylor Theater and, if I recall, got to perform it once before Baptist ministers in Waco and others incensed by its language and themes put up a righteous howl, as Baptists do so well. Then president of Baylor Abner McCall ordered Baker to excise all the “bad language” and some of the improper themes before going on with the production.

Baker resigned rather than accede to this demand. Virtually the entire Drama Department, including its graduate students, also resigned. Many followed Baker to Trinity University in San Antonio where he kept teaching and producing plays. His principled stand at Baylor had only enlarged the gigantic stature of this man in my eyes.

A few years ago, perhaps in the ‘90s, I saw Paul Baker again when he appeared at the Hyde Park Theater in Austin to support a play written and performed in by Ken Webster. Did I actually speak to Baker and stumblingly try to tell him how he had lit up my young mind back at Baylor University four decades ago? Or, did I so vividly imagine my encounter with him that I had come to believe my fantasy? I am honestly not sure. I hope I did at least try to tell him what he meant to the education of one kid at Baylor.

Growing up in Waco in the ‘40s I had gotten the idea that Baylor was the pinnacle of the college experience, an experience no one else in my family had. Hence, after my freshman year at SMU, I jumped at the full debate scholarship offered to me by Prof Capp (as he was known by all) and took up residence in old Brooks Hall, a gothic five story men’s dormitory without elevators, now gone, replaced by a gleaming 21st century dorm.

Unfortunately, not all of our youthful ideas survive a reality check. Baylor did not live up to the idea I had of it from living in Waco and rooting for the football team on Saturdays when my long dead father took me to the games. Some of the fondest memories of my life. As a student at Baylor in 1958, even I could see how narrow and parochial the school was and how limited its horizons in assessing the human condition through great literature and science. Diversity was something strenuously resisted and so the intellectual climate there was stifling.

Some five years before the dustup that drove Paul Baker away, I left Waco to take up residence at the Campus Guild Coop on the campus of the big state university in Austin. Home at last. But the part of Baylor I took with me was what I learned three hours a week in Paul Baker’s course, perhaps the best one I had in my checkered college life.

The season has been marked by the shaking of the earth as giants have fallen. Before word of Paul Baker there was another giant who passed. The great American and Texas jurist William Wayne Justice was also taken away. It is likely that they never met each other even though close in age. But both men affected my life and the lives of so many others.

[Civil rights lawyer and activist Jim Simons wrote Molly Chronicles: Serotonin Serenade, a memoir about movement law and radical poitics in Sixties Austin.]

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06 December 2006

Molly Chronicles: Serotonin Serenade

Molly Chronicles: Serotonin Serenade, by Jim Simons
Plain View Press, ISBN: 978-1-891386-75-6

As we all wonder how to work out of the quagmire of Iraq, we can benefit from recalling American radical tradition, specifically the movement law commune born in the late sixties in Austin, which is the subject of Molly Chronicles: Serotonin Serenade, by Jim Simons. Published by Plain View Press, the book and author will be featured at the Armadillo Christmas Bazaar, which runs from December 9 — 24, 11 AM to 11 PM at the Austin Music Hall, with a book signing on the Armadillo Stage December 15, from 2 PM to 4 PM.

At the end of 1967, Jim Simons, a Texas lawyer, sat musing on his future knowing he would soon leave a high paying Government job in the War on Poverty, with which he had become disillusioned. The poverty program was not carrying through on its aims to truly help the poor by changing institutions that perpetuate poverty. Also, he longed to be more relevant to the emerging struggles for social justice. Maybe the biggest motivator was the war in Viet Nam, a war he like millions of other Americans found immoral, brutal and illegal. He wanted to work to stop it. In this he was reflecting the convictions of a new tide of radical activism in the country, called then the Movement.

What he did was risky and rash: he set up private law practice in Austin, Texas where the Movement was flourishing at and around the University of Texas. Draft resistance, direct action for civil rights and a radical underground newspaper, the Rag, had bubbled up from a simple picketing action in the early ‘60s to integrate campus movie houses. The times they were changing. Simons was quickly inundated with law work, cases arising from these initiatives and a counterculture revolution.

This book is the story of historical, radical cases representing SDS (Students for a Democratic Society), SNCC (Student Nonviolent Coordinating Committee) and scores of GI’s rebelling at Fort Hood. Simons and one of his partners defended one of the activists arrested and charged with federal felonies during the American Indian Movement’s massive confrontation with the FBI at Wounded Knee. In 1969 he founded a law commune with other Movement lawyers in Austin. All the while, the extremes of fast paced life measured his days. Drugs, sex and bouts of depression accompanied the largely pro bono courtroom cases and energized a wild ride. But the love and support of the Movement community carried him and his partners through the early years and into subsequent decades of struggle for peace and justice.

Molly was a poodle-mix dog who lived gently with Jim and his wife Nancy for over 18 years through many of the events and cases recounted in the book.

Former Texas Observer editor Greg Olds has hailed this book as “a wonderful read, a great outing for the imagination and an invigorating trip back into yesteryear. (It’s) a clear-eyed, tough-minded account, full of life and determination to prevail. This will interest and inspire.”

To arrange an interview call or email Jim Simons at 512-477-1700, jim.simons@sbcglobal.net

Plain View Press
1509 Dexter Street
Austin, TX 78704

plainviewpress.net
phone: 512-441-2452
fax: 512-440-7139
sbright1@austin.rr.com

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