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The Lion and the Oxen In union, there is strength. The fable of the Lion and the Oxen illustrates this lesson very forcibly. As long as the three Oxen stayed together, the Lion dared not attack. But ‘the king of beasts’ sowed dissension and jealousy amongst No his adversaries, and they separated. It was then easy for the Lion to attack and destroy them one by one. In Sun Life, also, there is strength. A When you become a policyholder of this great international company, you become one of a group of farsighted men and women the holders of two million policies and group certificates in 25 countries who protect their families and themselves against an uncertaii future through the medium of life insurance. Why not discuss your we insurance Problems with me lode’? Ton will be under no oblieddion. MARTIN ELFANT 01 Century Building Houston, Texas CA 4-0686 SUN LIFE OF CANADA DAMAGE ‘LAW RULES OCCASION RHETORIC AUSTIN A “small concise bill that could go a long way toward restoring justice to Texas courts,” as supporters called it, evoked passionate oratory before the House judiciary committee this week. Rep. Reagan Huffman’s H. B. 122, basing damage claims cases on the doctrine of “comparative negligence” rather than the present “contributory negligence,” drew resounding support from Franklin Jones, Sr., veteran Marshall lawyer whose defense of the bill ranged through English common law, common sense, Irish judges, and “a dim August night in 1809.” Jones, described by the bill’s sponsor as “one of the best trial lawyers in the country,” delivered a sweeping assault on current Texas law which “allows a man who is 99 percent negligent in an accident to go scot free and prevents a person who is one percent negligent from recovering.” The concept of contributory negligence was “insidious,” an “iniquitous doctrine” which “prevents a plaintiff from recovering if the defense can prove he contributed in any minute way to the accident,” Jones said. He called arguments the bill would boost insurance rates “the basest appeal I have ever heard. In the first place, the states that have the law have not raised their rates. But in any event, if it be justice, let the heavens fall! let the rates go up but let’s have justice for our people.” Huffman’s bill would allow each party in an accident to recover except for the extent to which his negligence contributed to the whole. It would lead, said its sponsor, to “fairer verdicts in Texas courts.” “Lots of times one little question in a long trial can establish a slight degree ‘ of negligence on the part of a plaintiff and defeat his whole claim, though the other fellow was 99 percent at fault,” Huffman said. Higher Premiums The bill was attacked by Sam Winters, representing the Assn. of Casualty Insurors, Jerome Sneed, representing mutual insurance companies, and Jim Yancy, representing Texas Manufacturers’ Association. Sneed said the bill didn’t set limits on liability claims. He added that Louisiana tried the doctrine of comparative negligence in 1825 and repealed it, as did Kansas and Illinois. Yancy said he came before the committee “not to soar into the realm of social injustice but to speak for plain justice.” He said he represented policyholders, not insurance companies, and one result of the bill would be a judgment for every plaintiff. “The cost of premiums will increase.” Winters said that examples where plaintiffs who were Only one percent guilty could not recover “were simply not true. They just don’t happen. Such minor negligences are ignored today by present day juries.” In rebuttal, Jones said Winters had “inadvertently hit upon the core of this bill when he said the man in the street is recognizing the idiocy of the present law. But all too often justice is not done.” Jones said the doctrine of contributory negligence was born “on an August night in 1809 when a horseman rode hard away from a tavern and then rode violently into a pole left jutting out into a road.” Treating the legislators to a taste of his courtroom manner, Jones speculated on the fruits of the resulting court decision by “the good Lord Ellenborough,” footnoted with references to admiralty law, cerLain Irish judges, Fulton’s steamboat, an English court decision reversing Lord Ellenborough, and the Federal Employees Liability Act. Lawyers Dispute A by-play on special interests lawyers might have in the bill was triggered by Jones’s reference to “these lawyers hired by these companies to come up here and oppose this bill.” Sneed rejoined that he didn’t collect the one-third fee that plaintiff lawyers receive. Jones said he “spoke for the average man who gets a run-of-themill lawyer who doesn’t have the experience to dodge around these fool rules. How can you men mislead yourselves? I’m. sure you don’t mean to mislead this committee. Something besides money is at issue here, justice is at stake.” Werner Brock, Houston plaintiff lawyer, also appeared as a witness for the bill. He deplored the present “all or nothing, black or white rule” and challenged the “insurance companies’ prophecy of doom of higher rates. Calamity has not befallen companies in the states having comparative negligence statutes, and liability companies continue to compete eagerly for business.” Newspaper’s Reform Causes Some Doubts / Iconoclastic editor Ernest Joiner of the Ralls Banner, wrote he’s been leaping out of bed happy he voted against the legislative pay raise since the antiatheist bill was introduced. After 20 years’ thinking, he said, he’s not prepared to say whether he believes in a Supreme Being, “But at times I have found ample grounds to denounce the Christian God, whom I believe has handled his affairs on earth in an abominably poor manner.” “The big problems aren’t getting much attention at Austin,” he concluded. “But as long as the boys orate against poor provender for hogs and wield the sword of Islam, our tax money is safe.” /The Houston. Post’s series on election irregularities in a school board election has resolved into an editorial campaign to require voters to sign, their names Political Intelligence when they’ arrive at the polls. In the alternative the Harris County Democratic chairman, Woodrow Seales, proposes t h r e e clerks stamp “voted” beside the name of each voter voting; but the Post prefers its plan. There is some concern in the Harris County delegation that the Post’s plan would discourage or even intimidate some people from voting. Rep. Johnston will handle the delegation’s bills on the issue. /Sen. Gonzale z’s proposed breakfast with members of the San Antonio House delegation has fallen through. Rep. Bell said “I do not intend to meet again v ,rith him,” and others in the delegation said they would prefer to meet with him in the Capitol. “All I can say is that when I go to church on Sunday, I’ll pray for all of them,” Gonzalez responded. /The Dallas Times-Herald cony tinued its intense campaign for stricter traffic safety laws, said legislators supporting Rep. Anderson’s plan for a 70-mile-anhour speed limit under some conditions and limits on the use of LEGALS NOTICE of Intention to Incorporate a, Firm. TO WHOM IT MAY CONCERN: Pursuant to Article 1307, Revised Civil Statutes of Texas, 1925, as amended, notice is hereby given that Jack Ashby, Onnie Ashby, Hal Hart and Ora Hart, partners in Highland Lakes Nursery and Garden Center, Marble Falls, Texas, have incorporated under the name of Highland Lakes Nursery. and Garden Center, Inc. Dated: February 15, 1959. Highland Lakes Nursery and Garden Center By: Jack Ashby By: Onnie Ashby By: Hal Hart By: Ora Hart TO WHOM IT MAY CONCERN: Notice is hereby given that GAY LAUNDRY, 901 South Jackson St r e e t, Jacksonville, Cherokee County, Texas, formerly a sole proprietorship of L. M. Gay, dba The Gay Laundry, Jacksonville, Texas, shall be hereafter conducted by a corporation under the same name, THE GAY ‘LAUNDRY, INC., a Texas Corporation with address as above shown. SIGNED this the 23rd day of February, 1959. THE GAY LAUNDRY By: L. M. GAY THE STATE OF TEXAS To any Sheriff or any Constable within the State of Texas GREETING: You are hereby commanded to cause to be published, ONCE, not less than ten days before the return day thereof, exclusive of the date of publication, in a newspaper printed in Travis County, Texas, the accompanying citation, of which the herein below following is a true copy\(but if there be no newspaper so printed More on FEPC Sirs: You base your opposition to an FEPC law to punish discrimination by private employers on the proposition that “in effecting a private purpose, a private citizen cannot properly be prevented from exercising his private prejudices.” It seems to me that there is a fallacy in this premise; for in the role of employer a person not only effects a private purpose, he also enters into a certain social relationship with others, a relationship impossible without the participation of others, and possible at all only because the rules of our society make it possible. In the employeremployee relationship, the lives and wellbeing of the employees are affected certainly as much, if not more than, the life and wellbeing of the employer. Very often the employer is not a single private citizen; often he is a corporationa “private citizen” only to the extent that society has legally agreed on this characterization. Your premise does not sound so convincing if one substitutes the word “corporation” for “private citizen.” The workers of our country, and of our state, as a result of many hard-fought struggles have won the recognition by society that in matters of legislation the social role of the employer should be given more weight than his private purposes. Laws having to do radar traps “should be voted out of office.” JElton Miller in the Dallas White Rocker said people opposed to federal, state, or other aisil to education “are a selfish lot who would sell America down the Volga.” / San Antonio Express said it v would be unfortunate if statements of some school supporters before the Senate committee Monday night that they would be willing to pay a sales tax were construed to mean “the sales tax is the only way of financing.” in said county, then that you cause the said citation to be posted for at least TEN days before the return term thereof as CITATION BY PUBLICATION THE STATE OF TEXAS TO all persons interested in the estate of Mrs. Nancy Elizabeth 438, County Court . Travis County, Texas. Mrs. Olga Bailey Schroeder, Administratrix with the Will Annexed in the above numbered and entitled estate, filed on the 4th day of March, 1959, her verified account for final settlement of said estate and requests that said estate be, settled and closed, and said applicant be discharged from her trust. Said application will be heard and acted on by said Court at 10 o’clock A.M. on the first Monday next after the expiration of ten days from date of publication of this citation, the same being the 30th day of March, 1959, at the County Courthouse in Austin, Texas. All persons interested in said estate are hereby cited to appear before said Honorable Court at said above mentioned time and place by filing a written answer contesting such application should they desire to do so. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates hereof, and make due return as the law directs. Given under my hand and the Seal of said court at office in Austin, Texas, this the 4th day of March, A.D. 1959. EMILIE LIMBERG Clerk of the County Court, Travis County. Texas, By M. EPHRAIM, Deputy. CITATION BY PUBLICATION THE STATE OF TEXAS To Robert E. Guyton Defendant, in the hereinafter styled and numbered cause: You are hereby commanded to appear before the 126th District Court of Travis County, Tqcos, with safe working conditions, sanitation, hours of work, minimum wages, trade union rights, all are a recognition that the employer should be held socially responsible for his actionsa recognition of the fact that the well-being of society takes precedence over the individual’s right to exercise his private prejudices without limit. You yourself would limit the right of the employer to exercise his private prejudices; but you do so in a way that is very disadvantageous to Negroes and workers of Mexican descent. Suppose an employer says, “Not a worker alive is worth 50c an hour”; you take issue with him. But suppose the same employer says, “Not a as much as a ‘white man’ “; you say that his prejudices cannot properly be limited. Where is the logic? In a day when integrity has disappeared from the daily newspapers, the Observer is almost alone in the state in refusing to sell its news and opinions to the highest bidder. Yet I think Mr. Casillas is justified in questioning the integrity of the liberal movement in Texas in matters of minority rights. I see no way this questioning can be answered unless. we apply to the rights of minorities the same logic that we apply to the rights of labor in general. It seems to me that all those minorities that make up the majorityliberals, labor, Negroes, those of Mexican descent, and othersare going to be able to achieve their common interests politically in Austin and Washington only as they put forth a united effort. This unity depends to a large extent upon the support that liberals and the labor movement give to the full integration of the Negro and MexicanAmerican people into all aspects of our life, on their fight against all forms of discrimination. The fight for an FEPC law to end discrimination in employment is an important part of the fight for full integration. John. W. Stanford, 539 Wickes St., San Antonio 3. to be held at the courthouse of