Barratry To the Editor: From time to time persons outside the legal profession are wont to criticize the canons of ethics of the profession, in particular the canon which prohibits barratry, the solicitation of business or stirring up litigation by or on behalf of lawyers. …. the public policy of the State of Texas for many years has been in opposition to barratry. Complaints have recently been voiced that the offense of barratry was conceived to protect by individuals.” Now, I am as strong a populist as anyone, with the fierce inbred distrust of all corporations common to all of us populists. However, this sword cuts both ways, and is as sharp on one edge as the other…. Any man on the street who has an accident knows, if the accident was not his fault, that he may have a claim. He does not need a lawyer or a lawyer’s runner to tell him that. The same goes for the un-unionized worker who loses his legs on the job. He is aware that he may have a claim against his employer. These days this awareness is impressed on these claimants by the fact that an insurance adjuster usually contacts him pretty fast in an effort to settle his claim. If the adjuster denies liability and refuses to settle, then 99 out of 100 claim less they know they have no claim. If the adjuster makes a settlement offer that is not fair to the claimant, the claimant is completely free to refuse and get a lawyer, which happens more often than you’d think….. Another common form of barratry is for a lawyer to search through the deed records to find land titles with flaws, and then to hunt up the beneficiary of these flaws and file suits for them. This very often results in depriving ordinary home owners of their homes, when, unmolested, they could perfect their titles by limitation. Another common violation is perpetrated by criminal lawyers and bondsmen. The professional bondsman hangs around the jailhouse, and when a prisoner is brought in, tries to sell him a bond. This is permissible. However, some bondsmen suggest a lawyer to the prisoner, bring the lawyer in, and then get a cut of the lawyer’s fee. This is barratry. The provisions against barratry are not intended to protect corporate defendants alone, but the public in general. Our courts are set up to decide legitimate controversies, not to be purely sources of revenues to lawyers. When many unnecessary lawsuits come up, the result is clog body. DAVE BENNETT Austin Jury Trial To the Editor: I have been troubled for some time about the implications of the attempt to change the civil rights bill to include a jury trial. The thing that has been troubling me is the position that liberals should take on this issue. I take it for granted all liberals are against segregation and deprivation of civil rights and liberties. I take it also for granted that it is the manifest duty of the federal government to use every means within its power to enforce those liberties guaranteed by our Constitution as…. interpreted by the U.S. Supreme Court and other federal courts. I further take it for granted that we are agreed on the fact that on matters of this type the federal government must have paramount jurisdiction…. Also, I think that it is practically a foregone conclusion that in the South juries will rarely convict and that full protection cannot be guaranteed in this manner. Nevertheless, once the liberals took the stand that trial by injunction was improper and undemocratic, and to remedy that situation the Norris-La Guardia Act was passed with approval of practically all liberals. ants go straight to a lawyer, unged dockets and delays for every AUSTIN Next time you hear “Yellow Rose of Texas” on the nickelodeon you may as well know it’s an ideologically bowdlerized version. “The Confederacy,” a collection of authentic rebel music recorded by Columbia, identifies “Yellow Rose of Texas” as “a minstrel song” and presents it in its original form. The hit-parade version says nothing about the Yellow Rase being a Negro; but she was. Go the lyrics in “The Confederacy” album: “There’s a Yellow Rose of Texas, That I am going to see, No other darkey knows her, No darkey only me. She cried so when I left her It like to broke my heart. And if I ever find her, We never more will part. “She’s the sweetest rose of color, This darkey ever knew, The Yellow Rose “Where the Rio Grande is flowing, And starry eyes are bright, Her eyes are bright as diamonds, They sparkle like the dew. You may talk about your dear est May, And sing of Rosalee, But the Yellow Rose of Texas Beats the belles of Tennessee!” Verses two and three: She walks along the river, In the quiet summer night; She think if I remember, When we parted long ago, I promised to return And not to leave her so. A Revival Comes Off In Dallas HALL’S WIGINTON-HALL LEAGUE CITY INSURANCE AGENCY INSURANCE AGENCY INSURANCE AGENCY Dickinson, Texas Alvin, Texas League City, Texas COMPLETE INSURANCE SERVICE I take it further for granted that no matter how desirable our ,end, we are committed to the proposition that the ends do not justify the means. If a trial by injunction was improper in one situation, I cannot see how it would be proper in another situation no matter how desirable the ends might be. In my estimation the liberals should be very careful lest they espouse a means which can be made use of in other situations where it might be harmful to the Democratic cause. I don’t know what the solution to this problem is, but the mere fact that the injunctive method is the easiest method to solve this difficulty does not mean it is the only one. I think and believe there are sufficiently good minds who could, if they wished, solve this problem by other less questionable methods. I do not mean … that I have the slightest idea that the jury trial amendment was suggested in good faith. I have not the slightest doubt that the racialists in the Senate will use any and every means available to accomp lish their goal. But the mere fact gers music, being consistently that those who have espoused the good, is enough to carry all be cause of jury trial have probably fore it. done so to cover their real moMatters were helped immeas tives does not and cannot either urably by casting Patrice Munsel add or subtract from the validity and Earl Wrightson in the leads. of that proposition. Like all propI cannot always go along with ositions it either stands or falls my colleagues in the Dallas press on its own merit, and the purwho persist in. making their city poses of those espousing or opthe navel of the entertainment posing it can have no effect on. world whenever anything comes the question. their way, but I must admit that PERCY S. STRAUS, JR., with two performers of such Houston charm and talent as Miss Mun sel and Mr. Wrightson, the roles of Nurse Nellie Forbush and Emile de Becque are in just about the best possible hands. Should the gentlemen on the News or the Times-Herald exhaust their store. of superlativesand at one time they had such an unlimited supply that Hildegarde was termed “a night club immortal”they may draw upon my personal stock, which I guarantee to be practically untouched. In fact, aside from utilizing great handfuls to heap on Giselle MacKenzie, I have had very little use for them this season. Miss Munsel and Mr. Wrightson are welcome to the lot. Some should be saved for Syl via Sims as Bloody Mary and for Lew Parker as that indomitable champion of Free Enterprise, Luther Billis, as well as for Frank Poretta, whose Lt. Cable was both youthful and well-sung. Imelda de Martin didn’t do too much as Liat, but she did it quite attractively. G. Woods and William le Massena continue to justify their tenure as Musicals regulars; so they, too, deserve praise. Donald Saddler, in staging the show, held his own quite well with Joshua Logan, whose touring company quite justifiably THE TEXAS OBSERVER Page 6 Aug. 16, 1957 Colon Rogers Headquarters for the B. R. Parking Lot Marker IN HOUSTON BELL INSURANCE AGENCY 2307 CAROLINE STREET Rent-a-Tool Co. “Let Our Tools Work for You” SALES RENTALS PARTS 709 Quitman St. Phone CA 4-2879 Houston CA 8-4469 ALL KINDS OF INSURANCE SINCE 1929 “Oh, now I’m going to find her, For my heart is full of woe, We’ll sing that song together, We sang so long ago; We’ll play the banjo gaily, We’ll sing the songs of yore, And the Yellow Rose of Texas Shall be mine forever more. DALLAS There is nothing really wrong with the current penchant of the State Fair Musicals for devoting goodly portions of its valuable time to the oft-tried and occasionally trueas long as the show being resurrected is as sound as its current offering, Rogers & Hammerstein’s “South Pacific.” True, certain aspects of the show ring a little false, nowadays. In this jangled age of atomic fallout and strontium 90, it’s a little difficult to share the rather sappy optimism of some of the songs. Even that mystic isle Bali Ha’i is probably in a test area by now. And certainly one must have doubts about the worth of some of Hammerstein’s lyrics after hearing him describe a lover’s arms as being “strong like two birds that burst with song.” Now that some of the sheen has worn away from the show, certain faults in its construction show Harris Green up. Musicals, I suppose, really shouldn’t have as their motivating factors such stuff as race prejudice and World War II. In an effort to clear up such nasty obstructions before the final curtain, Hammerstein and his coadapter Joshua Logan have had to plunge ahead for about 15 minutes there in the last act without any sign of a song except a reprise of “Some Enchanted Evening.” Still that’s a fine song, and before that lull an even better one, “This Nearly Was Mine,” came in. And besides, the Rod Bankers Mortgage Bldg., Edge of Reform To the Editor: …. You shore did disappoint me with your trial by jury editorial … Maybe surprised would be a better word than disappointed … You say “jury selection can be reformed to include Negroes, in the South and elsewhere.” Do you think we are on the verge of such reform in the Southwhen even in Tennessee Negroes were ignored while the old codger who muttered about the “mixing of the races” went unchallenged? …. We have disagreed before, and I like to have my thinking stimulated. MRS. A. A. LUCKENBACH Odem RENEW To the Texas Observer 504 W 24th St., Austin Name: Address: City: One year, $4; 2, $7.50; 3, $11
You May Also Like
The Texas Rangers are tasked with investigating corruption and crimes by public officials. Those officials are rarely held accountable.