Barrister News, 1961 Winter, V. 9 No. 3

Dublin Core

Title

Barrister News, 1961 Winter, V. 9 No. 3

Subject

St. Mary's University School of Law

Description

Denial of Justice in International Law, Barrister's Club Selects Officers, Junior Bar Stages Orientation, ALSA to Place Law Clerks, Student Bar Report, Students Lawyers Celebrate Red Mass, Demo Club Aids Alumnus, Legal Fraternities Initiate, GOP Club Organized

Creator

St. Mary's University School of Law

Publisher

St. Mary's University School of Law San Antonio Texas, St. Mary's University School of Law, Sarita Kenedy Law Library

Date

1961

Contributor

Jas J. Braniff III, Robert Valdez, Edward Saconas, John Fashing, Charles E. Cantu, Luther Rutherford, Sparta Bitsis, Fil Vela, Fred Clark, A.C. Moser, Edward Mainz, Toby Priolo, Stewart Alexander, Joe Villarreal, George Guynes, Phlete Martin, F.B. Godinez, John Quinlan, Al Leopold

Rights

NULL

Relation

Barrister News

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMULAW_BarristerNews1961to62Winter

Coverage

1961

PDF Search

Text

Denial·of Justice

ST. MARY'S UNIVERSITY LAW SCHOOL

In

International Law·
Born in China, Dr. Arthur
Yao began his study of law at
Soochow University and there
earned his L.L.B. degree. He
came to the United States to
continue his education and received his L.L.M. and S.J.D.
from the University of Michigan. At King's Co!lege in London, he continued his study of
International Lawi the English
Law of Contracts; Property,
Equity, and Trusts.
In 1932 Dr. Yao commenced
his teaching career at Soochow
University in China, where he
taught for approximately twenty years. During this time he
also lectured in Formosa. Professor Y ao began his teaching
career in the United States in 1958, when he became a full time
faculty member of St. Mary's School of Law. Since his arrival here,
i]e has taught Property, Contracts, Equity, Trusts and Future
ltderests, and Conflict of Laws.
By Dr. Arthur Y ao
The term "denial of justice" in international law has been
given various meanings. The broadest meaning given to it includes
;Jl international illegalities of any one of the three departments into
which Aristotle divided government, pamely, the executive, the
legislative and the judicial. Thus, Puente defines a denial of justice
as
"the failure of the state, in an appropriate action instituted
by a foreigner to determine his legal rights, thereby preventing him from making them effective,"
the term including
"the acts or omissions of all departments of government,
executive, legislative and judicial."
If denial of justice covers each and every misconduct or wrongful omission of any department or agency of a government, there
would then be no international illegality which would not be
covered by the expression. A survey of the judicial decisions of
international arbitration tribunals, the practices of different nations and the opinions of many distinguished writers shows that
such a broad definition of the term does not have much support
behind it.
From the decisions in arbitration cases, it can be seen that the
term is used in a much narrower sense and limited to instances
where the wrong has been done through misconduct or inaction
of a judicial nature. For instance, in the Venezuelan Claims Commission of 1903, Ralston, umpire, declared:
"It does not appear that he availed himself of his rights, and
it is not within the power of this umpire to grant damages
to a claimant who, by a seasonable reliance upon his rights
in a case in court, might have suitably protected himself.
Certainly before he can appeal to an international tribunal,
the suit in court having. long since terminated, he should be
prepared to show some actual denial of justice with relation to the subject matter of his appeal."
·
That denial of justice is connected with the administration of
justice is further illustrated in the La Guaira Electric Light &
Power Co. case:
"In order to bring this claim within the ,jurisdiction of the
Commission, it was, in our judgment, incumbent upon the
claimant to show a sufficient excuse for not having made
an appeal to the courts of Venezuela open to it, ·or a discrimination or denial of justice, after such appeal had been made."
Apart from the decisions of international arbitration tribunals,
the practices of various governments do not seem to lend support
to the assertion that denial of justice covers all international illegalities. On the other hand, they rather bear out the argument that
the· term is only applied to the shortcomings of the judicial department of a government as a result of which a foreigner is denied
the benefits of due process of law. Thus, Assistant Secretary of
State Davis wrote:
"When the matter is properly within the jurisdiction of the
courts of a foreign government, the government of the
United States does not interfere, except when, after a
diligent prosecution of all the remedies which the law o.f the
country affords, it turns out that there has been a demal of
ju~tice to the party invoking its aid."
.
.
.
Again, Secretary of State Bayard wrote m connectiOn With
the case of Van Bokkelen v. Haiti:
"To close to an alien litigant some given channel of recourse open to a native without leaving open some equivalent
course, is a denial of justice."
Likewise, Secretary of State Greshaw held in 1893 that
"It is a well-settled principle that where a citizen of one
state deems himself wronged by the action of the courts of
another state, he cannot call upon his own government for
diplomatic intervention until he has exhausted all means of
redress, by appeal or otherwise, in the courts of ~he sta~e
complained of, and then he can only invoke the a1d of his
government in case of a manifest denial or failure of
justice."
(Please see Page 2, Col 4)

St. Mary's University School of Law

San Antonio, Texas

BARRISTER'S CLUB SEL
ECTS OFFICERS
On Monday, October 16th,
students went to the polls to
elect their officers for the 19611962 school year. By an almost
unanimous decision Al Leopold
was chosen president of the Barrister's Club. AI is a senior and
plans to graduate in January of
1962. He is also the top-ranked
member of his class scholastically. Elected vice-president was
James Braniff, a mid-law student. The vice-presidential race
was the most hotly contested
one on the ballot this year and
went right down to the wire.
Also chosen was Toby Priolo,
a freshman, for the office of
secretary. Pete Jorgenson, a midlaw student, was chosen as treasurer. The remaining officers
selected were F. B. Godinez, a
freshman, for the office of parliamentarian; Robert Valdez, as
historian for the Club, and John
Fashing, the husky Sergeant-atArms. Valdez is classified as a
freshman and Fashing is listed
as a mid-law.
The race for the places this
year was not as feverish as in
past years with many voters being pre-set in their choices.
However, the poster campaign
for the vice-presidential slot
started off with a sprinkling
and ended up with a plastering
-the number of posters soon
outstripping the number of constituents.
The new officers were introduced by Luther Rutherford,
the outgoing president at the
last Barriste~'s Club meeting.
Also introduced was John Quinlan, senior ALSA delegate, along
with Eddie Mainz, a mid-law,
alternate delegate.

ALSA TO PLACE
LAW CLERKS
The American Law Student
Association on campus, as one
of its several new projects for
this year, has instituted a Committee on Placement; The purpose of this committee is to
secure legal positions for those
interested students who have the
time and ambition to supplement
their formal legal training with
practical legal training.
The benefits derived by a student working for a practicing attorney are too obvious to need
statement. The benefits derived
by the attorney however may
not be so obvious. Approximately
ten per cent of the student body
are presently working for practicing attorneys in San Antonio.
These students range from freshmen to seniors. The work being
done by these students covers
such diverse areas as helping
to prepare pleadings, doing legal
research, inve.>tigative work and
using the c:ourthouse. Oftentimes, the busy lawyer wishes he
had a third hand. Those lawyers
using students often find that
their student law clerks supply
that third hand.
If your office has need of a
competent student assistant on
a part-time basis, please do not
hesitate to either write or call
St. Mary's Law School, Com-

mittee on Placement.

\;j

LEFT TO RIGHT, STANDING: AL LEOPOLD, F. B. GODINEZ, ROBERT VALDEZ, ED
MAINZ, JOHN FASHING, SITTING: JAMES BRANIFF, TOBY PRIOLO, PETE JORGENSON, AND JOHN QUINLAN .

Junior Bar Stages Orientation
Four young attorneys, engaged in four different fields of
law practice, addressed the entire law school student body and
members of the St. Mary's Prelaw Club, Nov. 30, on the various areas of law open to the
young attorney.
The Annual Law Student
Orientation Program, under the
direction of the Student Relations Committee of the San Antonio Junior Bar Association, was
jointly sponsored by the State
Junior Bar of Texas and the San
Antonio Bar Association and
Junior Bar Association.
Mr. Byron L. Kidd introduced
the speakers, and ]. Mack Ausburn, Jr., moderated the discussion period following the speeches.
Placement and Guidance Director of St. Mary's University,
Mr. Leo Donohue, announced the
development of a law placement
branch of his department. H e
indicated the expanding demand
for lawyers in fields other than
law practice itself, where the
law degree was a valuable "door
opener" to career opportunities.
Donald J . Hand, a corporation
attorney, outlined the advantages of corporation law, stressing the positive features of a
dependable income which increased with time, good retirement benefits, and association
with other lawyers well seasoned in corporation work. On the
negative side, he brought out
the disadvantage of transferring

DR. R AN DONATES
Y
Dr. Katherine A. Ryan of
San Antonio, Texas, recently
made her third substantial contribution towards the endowment of the Chair in Comparative Law (Latin America) for
the School of Law.
Dr. Ryan is an outstanding
philanthropist and civic leader
of the State of Texas. She is a
generous and true friend of the
School of Law and a member of
its Board of Trustees.
The School of Law proudly
and gratefully acknowledges her
friendship and her awareness of
the needs of legal education.

to general practice 'because of
lack of clients, and the often restricted area of practice in corporation work.
A former assistant city attorney, Charles Smith, listed possibilities fqr the young lawyer in
government offices ranging from
the city attorney's office to the
F.B.I. The government service,
he asserted, was particularly
suited for the new attorney who
is not sure what he wants, because it gives him the opportunity to mature occupationally,
while providing a steady mcome.
Raul Rivera spoke on the
private practice of law, alleging
it to be "the goal of every
attorney". He stated that the
independence of action one receives in private practice well
compensates a young lawyer for
(Please see Page 3, Col. 2)

ALUMN I FUND
by Dean Ernest A. Raba
Mr. Edwar.d Fahey, San Antonio, is the Chairman of the
1961-1962 Annual Alumni Living Endowment Fund Campaign.
The campaign is actively ~n­
der way, and the Alumni are
reminded to send in their donations. All funds received from
this annual campaign are used
exclusively for the School of
Law. Your contribution pays the
salary of the Al umni Chair for
Visiting Professors, named in
honor of each law graduate of
the School of Law. The sixth
visiting professor will teach at
the School of Law during the
summer session of 1962. Professors Clyde 0 . Martz and
William ]. Bowe, University of
Colorado; Professor John Hanna, Coh.- .bia University School
of Law; Professor David S.
Stern, University of Miami
School of Law; and Professor
Paul David Cantor, Georgetown
University School of Law have
been the visiting professors for
the past five summer sessions.
Your contribution also assists
us in defraying the expenses of
the Barrister News . Twenty-five
thousand copies of the Barrister
News are mailed to our Alumni
(Please see Page 4, Col. 3)

Page Two

THE BARRISTER NEWS

DENIAL

Students, Lawyers
"A Professional Legal Publication"
Edited and Published by the Barristers
Student Bar Association SL Mary' s Un1versiry School of Law
San Antomo, Texas

Celebrate

Affiliated with Amen can La w Student Associat i on
Winner of second place, Offset Oiv1sion, A.L.S.A.
Newspaoer Contest, 1957, New York

VOL. IX

Red Mass

WINTER 1961

NUMBER 3

Editor in ChieL ____________________ ---------------------------------Jas. J. Braniff Ill
Associate Editors ____________________
________ -------·--······ .. ____________
Robert Valdez
Edward .Saconas
Managing Editor __________---------------------------------·- .... ----------John F ashing
Features Editor ........-----------------------------------·-············-Charles E. Cantu
REPORTERS
Stewart Alexander
Luther Rutherford
Joe Villarreal
Sparta Bitsis
George Guynes
Fil Vela
Phlete Martin
Fred Clark
F. B. Godinez
A. C. Moser
Edward M~inz
John Quinlan
AI Leopold
Toby Priolo

STUDENT BAR REPORT
By AI Leopold
Ever eager to press the
dreams of the future into the
molds of the past, the committees of the Student -Bar Association, the Barristers Club, are
hard at their tasks.
The committee on Constitutional Revisions, headed by the
past president, Luther Rutherford, is studying plans to eliminate and merge several of the
Barristers Club offices in order
to bring the individual student
closer to the organization. Plans
are being mapped to divide the
student body into three classes
according -to the number of
semester hours completed. Each
class will elect one member of
their group to the Executive
Council of the Barristers Club.
Robert Valdez, historian, is
chairman of a special committee organized to compile and
publish a current Student Directory. Soon your dog-eared,
faded old pink directory can be
retired to the shelf of nostalgic
memones.
Public Relations Committee
Chairman, Jim Braniff, is developing a program to give the
School of Law and the individual students wider coverage m
various news media.

AL LEOPOLD

Toby Priolo and Pete Jorgenson, chairmen of the Social and
Financial Committees, respectively, are working hand in hand
to plan and pay for the Christmas frolics.
The ALSA Projects Committee, headed by John Quinlan, has several satellite programs, including the committee
to form a Law Wives Club,
chaired by John himself; the
Guest Speakers Program, arranged by Eddie Mainz; and the
Law Clerk Placement Committee, administered by Toby Priolo.

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Reception Honors
Texas Judiciary
On Thursday, Octob~r 26,
a procession of students, faculty, and jurists marched from
St. Mary's Law School to St.
Mary's Church. The occasion
was the seventh annual celebration of the Red Mass, which
was co-sponsored this year by
the Catholic Lawyers' Guild of
San Antonio and St. Mary's
School of Law.
The Mass, which began in
England, France, and Italy in
the early part of the thirteenth
century, was first celebrated
in the United States in 1928,
by the Right Reverend Monsignor William E. Cashin of St.
Andrews Church in New York
City.
San Antonio, is one of the
thirty-five cities in the entire
Christian world that observes
the Red Mass.
The purpose of the Mass is
to invoke the Holy Spirit to
guide the judiciary and the
legal profession for the coming
year. For this reason, the Mass
takes place at that time of the
year when the courts are opened; it also marks the beginning of a new academic year
for the School of Law.
The Red Mass became so
named because, at its inception,
the priest wore red vestments
and the members of the bench
and bar wore red gowns.
Members of the Church taking part in the Mass this year
were His Excellency, Most Reverand Robert E. Lucey, Archbishop of San Antonio, who
presided over the Mass, and
the Very Rev. Patrick J. Murray, who preached the sermon.
The Acting President of St.
Mary's University, the Very
Rev. Charles W. Neumann was
the celebrant of the Mass, and
the Moye Aspirancy choir sang
the Mass.
Following the Mass a reception at the Gunter Hotel honored the members of the Texas
Supreme Court, the Texas Court
of Criminal Appeals, and the
Fourth Court of Civil Appeals.
The wives and guests of San
Antonio lawyers and students
of the School of Law also attended.

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JUSTICE

That the British government holds the same position is seen
{;om the following extract of a letter addressed by the Foreign
Office to a British concessionary in Venezuela:
"The Company (the concessionary) does not appear to have
exhausted the le~l remedies at their disposal before the
ordinary tribunals of the country, and it would be contrary
to the international practice for His Majesty's Government
formally to intervene in their behalf through the diplomatic
channel unless and until they ~hould be in a position to show
that they had exhausted their ordinary legal remedies with
a result that a prima facie case of failure or denial of
justice remained."
There is an overwhelming majority of writers m favor of the
view that denial of justice refers only to misconduct or inaction
of a judicial nature. The term was first found in Vattel's book
when he wrote:
"Now, justice may be r~fused in several ways: (a) By an
outright denial of justice or by a refusal ·to hear the complaints of a State or of its subjects or to allow the subjects
to assert their rights before the ordinary tribunals. (b) By
pretended delays, for which no good reason can be given ...
(c) By a decision manifestly unjust and one-sided."
Modern writers indorse the view of Va ttel. Thus, Sir Robert
Phillimore says:
"Nevertheless a plain violation of the substance of natural
justice, e.g., refusing to hear the party or to allow him
to call witnesses, would amount to the same thing as an
absolute denial of justice."
Professor Borchard speaks of denial of justice as
"some misconduct or action of the judicial branch of the
government by which an alien is denied the benefits of
due process of law,"
~nd concludes that
"no definition of denial of- justice as used m the broader
sense is feasible."
A clear statement to the same effect is found in Article 9 of
a draft code prepared by the Harvard Research Department,
Harvard Law School:
"A state is responsible if an injury to an alien results from
a denial of justice. Denial of justice exists when there is
a denial, unwarranted delay or obstruction of access to
courts, gross deficiency in the administration of judicial or
remedial process, failure to provide those guarantees which
are generally considered indispensable to proper administration of justice, or a manifestly unjust judgment. An error
of a national court which does not produce manifest injustice is not a denial of justice."
The same question was considered at the Second Pan American
Conference. A convention was signed reading as follows:
"Third: Whenever an alien shall have claims or complaints
of a civil, criminal or administrative order against a State,
or its citizens, he shall present his claims to a competent
court of the country, and such claims shall not be made
through diplomatic channels, except in the cases where
there shall have been, on the part of the court, a manifest
denial of justice, or unusual delay, or evident violation of
the principles of international law."
Justice may be denied to an alien in the courts of judicial
proceedings in numerous ways. He may, for instance, be obstructed
in his attempt to obtain judicial redress for wrong done to him, by
the absence of an impartial tribunal, by the unwillingness of the
court to hear his complaint, by the studied delay to render decisiOn, by the failure to bring the wrongdoer to justice, or by the
failure to carry out the decision. In each instance there is a
denial of justice. It is a denial of justice because it is a wrong
connected with the administration of justice.
(Please see Page 4, Col. 1)

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Page Three

THE BARRISTER NEWS

DEMO CLUB
AIDS ALUMUS
By Clarence V. Lyons
The organization of the Democrat Club at St. Mary's Law
School began just prior to the
important House of Representative race. It was unanimously
agreed upon to invite Senator
Henry B. Gonzalez to the law
school, his alma mater, to give
the students a brief summary of
his platform. Dean Raba permitted the two political organizations one hour each for their
candidates. Senator Gonzalez, although workin g under an extremely tight schedule, gladly
accepted the invitation.
He spoke to the student body
in his usual forceful and convincing manner, reiterating the
reasons why he believed a Democrat, generally, and he, personally, was the man to fill Mr.
Kilday's vacancy.
Although the active membership was not of sufficient
strength to render Senator Gonzalez its organizational assistance, many of the members
worked at the polls and supported his candidacy generall y.
His ultimate triumph over
his worthy opponent was a great
personal victory for him, and a

HENRY B. GONZALEZ

staggering blow to the rapid encroachments made locally by the
Republican Party.
The organiational meeting was
held October 17th, for the purpose of laying the foundation of
a Democrat Club at the Law
School.
Officers were elected at the
organizational meeting. They are
Clarence V. Lyons, president;
F. B. Godinas, vice-president;
and Filimon Vela , secretarytreasurer. Mr. Carroll Sierk has
offered his aid as faculty coordinator.

GOP CLUB ORGANIZED
By Richard Storm
On Sept. 9, after several informal meetings, a group of
Law School students adopted the
constitution and by laws for the
Republican Club of St. Mary's
University Law School.
The organizers included Travis Hiester, James Langham,
Richard Storm, Stewart Alexander, Carl Besch, Ernest Besch,
George Adams, Alfred Wright,
Graham Nugent, and Joe Villarreal, Jr.
Mr. Orville Walker accepted
the position of faculty advisor,
and Mr. Jim Murry was named
Ah,1mni Advisor.
Richard Storm was elected to
chair the . organization. Other
officers are James Langham,
vice-chairman; Travis Hiester,
treasurer; and Dan Carabin,
secretary. James Langham and
Joe Villarreal, Jr., were appointed program chairman and membership chairman, respectively.
Republican candidate for U.S.
Congress, John Goode, was invited to speak at a coffee held
Oct. 17, but was unable to attend because of illness. Henry

Legal Fraternities Initiate

THE
fACUlTY CORNER

Catto, candidate for State House
of Representatives spoke at the
coffee.
The club's current projects
are to assist in the Poll-Tax
Drive, and to assist the Bexar
County Republican Party in acqumng candidates for next
spring's pnmary election.

Junior Bar(Continued from Page 1)
any initial advantages he might
gain by working in another field
of law. The early difficulties of
private practice, he contended,
formed good work habits which
lead to future success.
Mr. L. Bruce Fryberger stressed the trend toward specialization in the legal profession and
asserted that working in a law
firm provided the best environment for one desiring to specialize. The salary, although
moderate at first, is secure and
rises with increased experience.
The constant association with
experienced lawyers in the firm
is a strong maturational force,
he stated.

THE REASON WHY
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Phi Delta Phi

Dedication to his chosen field
of endeavor is one of the most
commendable attributes of a
man. This attribute has continuously manifested itself in Dr.
Steven Gaspar, Philosophy of
Law instructor at St. Mary's
School of Law.
Dr. Gaspar was born in Keszthely, Hungary. After his elementary education, he began his
study of philosophy under the
Dominicans at Studium Generale
in Graz, Austria. He later attended the University of Pees in
Hungary, continuing there unt il
he received his Doctorate in
Law. The next few years were
spent in private practice m
Hungary.
In 194 8, being forced to flee
from Hungary due to the increased Communist suppression,
Dr. Gaspar went to Austria. He
practiced in Vienna for two
years and in Salzburg for another year. In 1952, he came to
the United States. His first two
year:. in America were spent
working in factories.
Having a strong desire to
continue his education, Dr. Gaspar entered Loyola University,
where after one year of study
he received his Masters Degree
in Philosophy. In this same
year, he married an American
woman from Missouri. The next
two years were spent at the
University of Southern California. He passed the qualification examination for his Doctorate in Philosophy, and is at
(Please see Page 4, Col. 5)

Delta Theta Phi

Phi Delta Phi Honor Fraternity held its annual fall introduction party on October 2 1,
in the South Terrace Room of
the Gunter Hotel, in honor of
those students, who by their
high scholastic achievement and
ethical standards became eligible for membership m the
F ra terni ty.

Bickett Senate of the DELTA THETA PHI Law Fraternity extends congratulations and
a cordial welcome to the new
Pledge Class. Culminating rush
week the following rushees
signed letters of intent: John
Burris, Toby Priolo, Jeff Davis,
Enid Hamby, Larry Hamilton,
Jack Harvey, Thurman Adkins, Ed Swindle, Joseph Rose
and Paul Molina. Our thanks to
Commissioner Ernest Belcher of
the Court of Criminal Appeals
for attending this rush party
as the ··principal speaker.

Professor James N. Castleberry, Faculty Moderator, gave
a short talk on the history and
purposes of the fraternity, emphasizing, in particular, the
continuing need in the legal
profession for the advancement
of high scholarship and culture,
the opposition to corrupt practices, and rigid adherence to the
Fraternity's code of professional ethics.

Among
the
distinguished
Alumni Brothers present were
Criminal District Judge Archie
Brown, Federal District Judge
Adrian Spears, Chief Justice W.
0. Murray of the Fourth Court
of Civil Appeals, Professors Jim
Castleberry, Orville Walker and
Leo Brewer, and many others.
The Fraternity is sincerely
grateful for the support and
assistance it received from the
The Alumni Senate recently
Alumni in making the party a · held their monthly meeting atsuccess.
tended by the. Student Brothers
The following members of the at De Winne's Belgium Inn on
student body were pledged and · San Pedro A venue. Of special
initiated: Ben Bancroft, Jim interest was the election of
Braniff,
Henry Christopher, local officers. The Alumni SenJohn Fashing, George .Guynes, ate has reserved the Pereaux
Travis Hiester, Fletcher Brown, Room of the St. Anthony Hotel
Harold Neufeld, Bruce Robert- for the Alumni Christmas Dinson, L. V. Watkins, Ed Y ar- ner Dance to be held on the
evening of December 14, 1961.
brough, and Houston Munson.
A special invitation was adThe
impressive
initiation dressed to the members of Bickceremony was held in the Court- ett Senate. Dress for the evenroom of the Fourth Court of ing will be semi-formal.
Civil Appeals on November
12th. Serving the Fraternity as
Benchers were Dean Ernest A.
Raba, Judge Murray, Professors Walker and Castleberry,
and Dr. Ernest Besch. Damon
Ball served as Pledge Master,
with assistance fr()m Exchequer
John Leger. A cocktail hour in
the student lounge followed the
initiation ceremony.
The Fraternity .wishes to congratulate the ·recent graduates
of St. Mary's who passed the
October Bar Exam.

DR. STEVEN GASPAR

The Student Senate
has
planned a Sta-g Party for Sunday, December 3, at Lomoine
Holland's country estate. In
keeping with the active participation of the student members in the functions of the
Alumni Senate and with the
Alumni partiCipation in the
activities of the Student Senate,
all DELTS are encouraged to
attend. The close affiliation of
the two Senates has enabled
an integration of students with
members of the Bench and Bar
that fosters a relationship rich
in experience.

Brother Clem Lyons, Tribune, reports that the names
of four DELTS have been submitted to National Headquarters as prospective recipents of
the Delta Theta Phi scholarship key for the spring semester. Meriting this symbol of
academic distinction by their
achievements while pursuing a
legal education are Brothers AI
Leopold, Luther Rutherford, Lt.
Michael B r o w n and Royal
Ad am s.
CONGRATULATIONS!

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When on attorney oppo1nts Bexar County Not10nol Bonk as the executor
and trustee of on estate, he does so w ith the assurance that all matters
will be 1udged impart ially, that the bonk will be on the 1ob always- con·
tinuing to work hand in hand with the estate's attorney on all legal
matters .

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SAN ANTONIO, TEXAS

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THE BARRISTER NEWS

Page Four

DENIAL

OF

JUSTICE

(Continued from Page 2)
The confusion lies in the failure to understand when international responsibility of a state arises. Every wrong is not necessarily a wrong in international law. If a wrong is done to alien,
he can always apply to the local courts for redress. If he is denied
access to the courts, or if the administration of justice is polluted
by corruption, or if he is denied those guaranties which have generally been deemed indispensable to the effective administration
of justice, it is only then that an international wrong is committed.
The wrong in the international sense is committed not because an
alien is injured, but because the state fails to provide effective
machinery whereby the injured alien can seek redress.
In short, a denial of justice is a failure in the administration
of justice. International law recognizes the ·independent personality
of a sovereign state with exclusive jurisdiction over its own territory. An alien establishing himself abroad must accept and
abide by the la ws of the state of his residence and content himself
with the local tribunals for redress of wrongs done to him. But
this exclusive control of the state within its territorial limits
carries with it a corresponding duty. Each state is bound, under
international law, to give to aliens within its borders the same
laws, the same amount of protection and the same means of
redress for injuries which it gives to its own nationals: provided,
however, the protection which the state affords to its own nationals
measures up to the minimum international standard of justice.
T his standard, though fundamental, is necessarily difficult of
delimitation. As states adopt different legal systems and entertain
different notions of justice, it is impracticable to lay down in
advance precise and unyielding formulas by which the international
standard may in every case be determined. It simply represents the
minimum of justice the benefit of which a state cannot, under
international law, deny to the nationals o.f another state. If the
local laws themselves and the methods provided for administering
them do not measure up to the international standard of justice,
denial of justice occurs and the state is internationally liable to
make reparation therefor, although the nationals of that state may
be content to live under them. Lord Palmerston said most aptly
in the famous Don Pacifico Case :

"If our subject abroad have complaints against individuals,
or against the government of a foreign country, if the
courts of law of that country ·can afford them redress, then,
no doubt, to tho-se courts of justice the British subject
ought in the first instance to apply; and it is only on a
denial of justice, or upon decisions manifestly unjust, that
the British Government should be called upon to interfere
"We shall be told, perhaps, as we have already been told, that
if the people of the country are liable to have heavy stones
placed upon their breasts, and police officers to dance upon
them; if they are liable to have their heads tied to their knees,
and to be left out for hours' in that state; or to be swung
like a pendulum and to be bastinadoed as they swing,
foreigners have no right to be better treated than the natives, and have no business to complain if the same things
are practiced upon them. We may be told this, but that
is not my opinion nor do I believe it is the opinion of any
reasonable man."
States to
complain of
governments
jured by the

which Lord Palmerston's observations apply cannot
the frequent diplomatic interposition of foreign
in behalf of their nationals who may have been indefective system of law or administration,

No_ other nile is practical. Upon any other basis every state
would be obliged, in order to meet the requirements of international
law, to provide a separate system of law and administration for
aliens. Herein comes the operation of the rule of denial of justice.
It leaves unimpaired the right of each state to adopt its own laws
and the means of administering them, and yet at the same time
it guarantees to aliens that minimum of justice which has been
generally deemed indispensable to the adequate protection of their
rights. Every denial of justice is necessarily an international illegality, but not every international illegality is a denial of justice. The
term refers to that kind of international illegality which is caused
by the maladministration of justice or the abuse of judicial process.

ST . MARY'S UNIVERSITY
SCHOOL OF LAW
112 College Street
San Antonio, Texas

Jack E. Guenther
Jack Sims
James R. Hale
Archie S. Brown
(Continued from Page 1)
Thomas Drought
A. C. Lesher, Jr.
and the Bench and Bar of T ex,as
Charles E. Davis
Archie L. Henson
each year; three issues go to all
Glenn B. Lacy
J. C. Grossenbacher, Jr.
the attorneys and judges of the
Earl W. Tracy, Jr.
Edward P . Fahey
Fourth Judicial District; the
Robert L. Strickland
fourth issue, known as the State W. R. Simcock
Hilmer L. Schmidt
H. Bryce Parker
Bar Issue, is mailed to all the
Lloyd L. Oubre
John M. Gilliland
judges and lawyers of Texa~.
Charles L. Smith
Clyde E. Johnson•
We remind you again to send
Lloyd A. Tholen
Victor A. Speert
whatever you can, no matter
James E. Barlow
how large or small, so that we
Charles W. Pope
can carry 'forward our program
William H. Bloch
Gasparof development.
Milton W. Walton
(Conti~ued from Page 3)
Member of the committee asJose R. Gonzalez
the present time writing his
SISting . Mr. Edward Fahey,
Kenneth Farnsworth
thesis.
Chairman of the 1961-1962 An- John J. Patton
nual Alumni Living Endowment Alex Scharlack
In 1958, Dr. Gaspar and his
Fund Campaign are :
Hattie Briscoe
wife moved to San Antonio,
Earle Cobb
Mainor A. Shumard
where he became a member of
Morris Collins
Oliver B. Chamberlin
the St. Mary's faculty. As a
Charles E. Davis
Charles F. Guenther, IIi
member of the School of PhilLeonard Gittinger
James G. Murry
osophy, he teaches Logic, SoGeorge Goodwin
Gene L. Dulaney
cial Philosophy, and Philosophy
Edmund Gregorie
James R. Warncke
of Government.
William R. Lozano
DavidS. Vogels, Jr.
For the past three years, he
Jack Pasqua!
Edmund M. Gregorie, Jr.
has been associated with the
Blair Reeves
Walter P. Purcell
School of Law in his capacity
Richard Harris
Samuel F. Biery
as instructor of Philosophy of
Sam Groos
Charles Biery
Jack Leon
Law. St. Mary's is indeed forJohn A. Daniels
Bryan Schiller
tunate to have such a qualiLawrence C. Lang
Charles L. Smith
fied professor to assist students
Leo C. Tynan, Jr.
William R. Simcock
of the Law in .understanding the
Maury Maverick, Jr.
John H. Spencer
place that the natural rights of
Alfonso Chapa
Frank Y. Hill
man must occupy in the legisPaul Blount
Jess Young
lation and the interpretation of
Arthur Smith
Lloyd ·Oubre
the laws which are promulgated
William G. Brown
Wtn. W. Beuhler
to guide man.
David P. Carter
Jack Sims
Bob Ritter
John Hohman
Richard Keene
Bryce Parker
James Murry
Carl Pfeiffer
For your
Luis Garcia
George Sewell
CONVENIENCE
Victor Speert.
As of Nov. 30, 1961, 75 donA complete
ors had contributed the sum of
$2,570.00. The goal of the drive
TRUST
is $3,500.00. We gratefully
acknowledge the support of this
DEPARTMENT
Law School from the following
donors:
Eric J. Spielhagen
Blair Reeves
Frank J. Hill
P. S. Gross, Jr.
William R. Lozano
Wm. W. Beuhler, Jr.
George Sewell
G. J. Valdes
Etelka McCluer
John M. Spencer
Jack Paul Leon
COMMERCE AT NAVARRO
MEM9ER F.D . I.C.
F. W. Baker
W. Frank Suhr
Charles S. Bond
John C. Alaniz
Morris Collins
Edwin W . Carp
John F. Tafolla
Raul Rivera
Carroll Sierk
Carl H. Pfeiffer
Jack Pasqua!
Henry V aldespino
Leonard Gittinger

Alumni Fund-

Non-Profit Organization·
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Collection

Citation

St. Mary's University School of Law, “Barrister News, 1961 Winter, V. 9 No. 3,” St. Mary's Law Digital Repository, accessed August 20, 2017, http://lawspace.stmarytx.edu/item/STMULAW_BarristerNews1961to62Winter.

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