The Witan, 1976-1977 Academic Year, V. 4 No. 3, October 29 1976

Dublin Core


The Witan, 1976-1977 Academic Year, V. 4 No. 3, October 29 1976


Got Dem Ole Can't Lose Those Voter's Rights Blues Again Ma, Witan Endorses Carter Candidate, To Write or Not to Write, The Boys of Autumn, Student's Represent St. Mary's, Addendum to Old San Anne Tone, To Catch a Thief, Mock Trial Presentation Readied, Legal Associtation Recharted, The Hitler File, Kim Answers Your Legal Questions


Raymond A. Desmone, Tony Chaveaux, Geri Mery, Dean Raba, Denny Callahan, David E. Chamberlain, Jim Seifert, R.K. Hurrington, John Cornyn, Mary Beth Carmody, Victor Negron, Pat Kennedy, Claude Ducloux, Kim Weixel, Tom Quirk


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




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The Witan would like to pay tribute to Mrs. Patricia L. Scott who died October 9, 1976. She was the wife of Professor Wayne Scott. They were married August , 27, 1960 after Professor Scott had completed his first year in law school. Mrs. Scott graduated from North Texas with a B.A. in Interior Decorating. She was a member of the American Association of Interior Decorators, Alpha Lambda Delta and the Mary Arden Honor

by GeriMery

Society. She was also a member of the law wives auxiliary in Waco. V{;hen the Scotts came to St. Mary's in 1971, Mrs. Scott ,b rought with her a deep understanding of the problems and rewards experienced by those aspiring to the profession of law. She shared the wisdom ' of this understanding by interacting with the students, helping them with their individual problems and

listening when necessary. Her friendship , will be remembered by many. We are saddened by the death of Mrs. Scott and extend our sincere sympathy to . Professor Scott and their three children. The Witan extends condolences to , Professor Orville Walker and iUs family for the death of his son, Jack Walker.

Vol. 4 No.3

October 29, 1976



by Raymond A. Desmone and Tony Chauveaux 1972, which has a discriminatory purpose or effect on minority voters, is invalid. Attorney General Edward H. Levi has concluded that while the annexations do not purposefully dilute minority voting rights, they do have the proscribed effect. The reason 'for this conclusion, as set out in a letter from the Justice Dept. to City Attorney James M. Parker, is the deviation in population caused by the annexations. According to the Justice Dept., in November, 1972, the effective date of Section 5, the population of San Antonio was 53.1% Mexican-American, 38% Anglo-American, and 8.8% Black and other races. The addition of the annexed areas changes San Antonio's population to 51.1 % Mexican-American, 40.4% AngloAmerican, and 8.5% Black and other minorities. While Mexican-Americans are still in the majority, their population has been proportionaUy decreased, while the annexations havfil increased the Anglo population. San Antonio currently elects its 9 member City Council on an at-large basis. Under the at-large method, each voter casts 9 votes: 1 for each of the 8 council members, and 1 for mayor. Th& Justice Dept. has ruled that the at-large, majority vote system, coupled with the increase in Anglo voters which the 13 objected to annexations would create, abridges the ethnic-racial bloc voting power of San Antonio's minority voters. According to Bill Crane, Professor of Political Science at St. Mary's University, the practical result of the Justice Dept's. ruling is that San Antonio cannot hold valid municipal elections. This means that until the Justice Dept. is satisfied that the annexations will not have the effect of diluting ,minority voting strength, there can be no charter revisions, no bond issues, ' and no council elections. The city now has 2 choices in resolving its dilemma. It may either adopt a system of single member election districts, or sue the Dept. of Justice. On October 12, 1976, the City Council held a public hearing on the adoption of single member council districts. At the hearing, 2 single member plans were debated. The more popular of the 2 plans is the 10-1 plan, which provides for council members to be elected in individual geographical districts, while the mayor is elected at-large. Under the 8-2-1 plan, 8 council members would be elected from individual geographical dist~icts, while 2 members and the mayor would be elected at-large. A majority of the City Council and those voicing their (Continued on page 15)

Student Newspaper Of St. Mary's University School Of Law, San Antonio, Texas

I~Got Dem Ole Can't Lose'Those ,Voter's

Rights Blues Again, Ma"
The City of San Antonio is at a political crossroad occasioned by the impact of recent rulings of the United States Department of Justice on the city's 1972 ~nexations" effects on the voting _ ength of racial and language minorities. In December, 1972, San Antonio annexed some 65 square miles of land lying to the northwest and southwest of the city, and in the general vicinity of the Medical Center and Lackland Air Force Base. The annexations in question were accomplished under the ', Municipal Annexation Act (Art. 970a, § 7B VATS). Since 70% f)f the population of the annex~d areas is Anglo-American, the Justice Dept. has determined that the annexations will have the effect of diluting the voting strength of Mexican-Americans, blacks, and other minorities. Accordingly, the Justice Dept. has objected to 13 of the 22 annexations submitted to the ~ttorney General for review. The basis of the objections is Section 5 of the Voting Rights Act of 1965, as amended (42 USC 1973c). Section 5 was enacted in September of 1975, and is , retroactive to November 1, 1972. Under Section 5, any change in voter composition, election procedure, or voter qualification occurring after November 1,

Page 2


October 29,1976

Annually, we at St. Mary's join many others in celebrating the opening of the Michelmass Term, which is still recognized in English common law. The Red Mass is a gala event and has garnered a well deserved reputation, due in no small respect to the auspicious efforts of Dean Reuschlein. It is a commemorable:evening, combining serious reflections on law, religion and man's relation thereto. No one denigrates the ceremony, it being truly embellished as part of the St. Mary's tradition. Yet, it is difficult to disenfranchise the Mass from the reception that follows. Both are necessary parts of the whole and the reception and the events that ensue, have too garnered for the most part a favorable reputation. Many individuals are misguided in assuming that last week's reception suffered because of the absence of liquor, although that factor definitely had its toll. The weather factor, the weekend factor, the debate and Ali-Norton factors and God forbid, even high school football have all been singled out as possible elements, combing to produce an erosion of attendance. But what really bothers me is that the morale of the student body, by all indications, has suffered. That is to say, because of past Red Masses, the first year class especially was expecting a magnificent social event. This did not come to pass and in all candidness, in the setting of such a ceremony, perhaps it shouldn't have. But ope observation remains. The Red Mass evening in the past had provided the law students with the SINGULAR soc.ial event of the year, that was truly their own. At no other time does the law school bring the students, faculty and administration together for an evening of just plain non-academic interaction. The idea of putting on a coat and tie, bringing your girlfriend, boyfriend or spouse along, having a few drinks and conversing face to face with your professors is not to be taken . lightly. I'm serious about this. The law school must foster at least one such social event each year and there really isn't any reason why it can't. Without debating over the alleged prohibitive cost of such an endeavor, a contention which seems less thiJ.::. well founded due to the ever increasing tuition costs, other avenues could be followed in effectuating the holding of suchan event. The Student Bar Association, responsible for persuading the administration in desegregating the reception last Friday night, could have been utilized weeks ago in an effort to solicit needed and ostensibly desired input as to reasonable alternatives that perhaps could have been followed. As aforementioned, perhaps Red Mass is not the time or place for such a social gathering and I respect the viewpoints of those who feel this way. Moreover, I might add that these remarks are in no way intended to disparage the reception which was held. It's ' just that while the tradition of the Red Mass must remain inviolate, the students deserve, even at an additional cost, the opportunity to relax in the right atmosphere, dress to the teeth, have a few drinks, bring along a friend or spo'use, meet cordially with faculty and administrators, and have an opportunity to truly attempt to impress one another,with each of our individual flare and wit, a quality attorneys are always epcouraged to foster. Also, in this edition you will find a questionaire pertaining to the law school curriculum. The Curriculum Committee of the SBA wishes to afford each student an opportunity to speak out and register his/ her viewpoints as to needed curriculum, class rescheduling or other pertinent changes. General comments and criticisms are invited. Please tear out the form and deposit it in the receptacle provided in the classroom building. Such student input will provide the committee with the necessary perspective it needs in both making its recommendations and lobbying for their implementation.

Witan Editorials

WITAN STAFF Editor-in Chief ........ . ......... Mac Secrest Managing Editor . . .. Kayo Mullins Articles Editor ...... . . . , . . ... Denny Callahan Features Editor . . . Claude Ducleux Copy Editor. . .. .... . Tony Chauveaux Associate Editor . . ........... Bill Crow Business Manager ..... .... ........ Geri Mery Faculty Advisor . . . . .......... Wm . Francisco
Staff Writers . . . . David Antonini , Mary Beth Carmody, David Chamberlain, Lucinda Garcia, Mike Holmes, R.K. Hurrington, Linda Lampe, Andrew Leonie, Tom Quirk, Ruth Russel, Mike Sadler, Jim Seifert, Shannon Salyer, Kim Weixel. Contributors . .......... . Bill Bryan, John Cornyn, Ray Desmone, Robin Dwyer, Sue Hall, Pat Kennedy, Victor Negron, Joyce Pellers, L.A. Potter III.

Witan is published by students of St. Mary's Law School, monthly except June and July. The views expressed herein are those of the individual writers and do not necessarily reflect those of the WITAN , its editors, the administrators, or faculty, unless otherwise stated . The Editor is responsible for the views expressed in unsigned articles. Articles in WITAN may be reproduced and quoted provided that credit is extended to the publication and the author of the article so used and notice of such use is given to the publication:

October 29, 1976


Page 3

Witan Endorses Carter Candidacy
WITAN endorses Governor Jimmy Carter for election to the Presidency on November 2nd. We believe that the relationship between people and their government has deteriorated significantly during the Nixon/ Ford administrations. This loss of trust and confidence in government was noted by Senator Walter Mondale earlier this month in remarks he made at the University of Missouri School of Law where he t old the audience of future lawyers that "(a)n appalling number of our colleagues have been responsible for official lawlessness in America - and (for) profound destruction of public trust which still threatens our nation's future." Although there are other important issues that support an endorsement of the Carter/ Mondale ticket, the pardon of Richard Nixon by the incumbent President prior to judicial process should concern all lawyers and future lawyers, and WIT AN considers this fact particularly pertinent, regardless of its political impact. The past eight years of Republican leadership has led this nation to deficits in our budget that are greater than the combined deficits of the past 200 years. Combined with depression-level unemployment (nearly 10 million persons, and upwards of 40% in minority groups) and unprecedented peacetime inflation, '-our economic well-being is precarious at Wbest. We have become a nation that promotes welfare over jobs, and at great expense to the taxpayer. For everyone million persons unemployed, we pay $3 billion in unemployment compensation and $2 billion in welfare and related costs, and lose $14 billion in tax revenue. A return to full employment will not only eliminate these monetary costs, but will reduce the human waste that is the result of the policies that have been followed by the Nixon/ Ford administrations. These reasons for our endorsement are sufficient, but there are others. The time has come for leadership. We must bring an end to the Ford doctrine which concedes that every human problem is beyond ,our control. With this hope, we recall the admonition of President John Kennedy who said, "(i)f a free society cannot help the many who are poor, it cannot save the few who are rich." That ideal must live on. We encourage you to vote for Governor Carter and Senator Mondale on November 2nd.

Dean's Desk
The School is happy to report that 93 graduates of this School of Law took the July Bar Examination, and that there were only three failures, which included one repeat. This means that approximately 96.7% of those who took the July Bar Examination are now licensed attorneys. We take this occasion to congratulate this group of very I;lxcellent graduates from this School of Law. SUMMER GRADES FOR INCOMING JUNE BEGINNING LAW STUDENTS The letter grade equivalents for our numerical grades are as follows: 86-100A;

by Dean Raba

78-85 B; 70-77 C;60-69 D and under 60, Failure (never graded below 55% even though the examinee might score well under 55%.) The overall grade point average in the courses in Torts and Contracts during the first and second semester are as follows: Mr. Francisco, Torts I - 73.4% Mr. J. Anderson, Torts II - 74.4%; Dr. Yao, Contracts I - 73.3%; Mr. Cantu, Contracts II - 76.6%. The overall grade point average varied very little amongst the four professors who taught the beginning classes attended by , from 55 to 53 (Continued On Page 16)

To Write or Not To Write
By Denny Callahan Nevertheless, the reward which undoubtIn 'the last few weeks much talk has edly lures most students into the journal surfaced concerning the operation and is the belief in the benefits bestowed by justification of the Law Journal Law Journal experience, and the effect it experience. The majority of the discussion has on future employment. has centered on the motivations of those people known as candidates, members, In evaluating these intangible rewards, and associate editors who toil in the the student must necessarily ask himself service of the journal for whatever whether or not the Law Journal rewards it may have to offer. experience will aid him in obtaining the The journal is a volunteer organization type job desired. Whereas journal composed of any person in the top 20% of experience is indispensable for judicial his class after the first or second semester clerks hips and positions with certain of law school. In addition, any law student firms, it may be superfluous if one's father with at least a 72,average may petition to has a position waiting in an already join by entering a writing competition at ' established. firm. the beginning of each semester. Each The most significant observation that writer is required to write two major should be made on this question of the works known as a case note and a Journal's relative value is that the comment in addition to the research and decision is a purely personal one. The cite checking duties required of all staff proper question is not whether the Law candidates and members. Although the Journal is worth the effort, but rather amount of Law Journal work is not of whether ' the rewards of Law Journal itself overbearing, when added to the experience are worth the personal and regular class load, it is anything but easy. social sacrifices required of each The resultant pressures and frustrations individual person under the current inevitably lead most writers to ask circumstances in which he finds himself. themselves whether or not the sacrifice is worth the reward. However, before one Many people apparently answer this can answer that question, he must question in the negative. Of the 45 people determine what the rewards actually are. signed up to write case notes at the In terms of school, a writer receives one beginning of this semester, only 25 hour credit per semester upon completion actually submitted a final copy for board of all required work. Don't be deceived selections. The people who can justify the however; this hour still costs the requisite experience, as evidenced by completion of $80.00, and the grade received does little both writing requirements, obviously to alleviate one's otherwise sagging believe that the benefits outweigh the average. detriments. Unfortunately, this belief is Another valid consideration is the time no more than a "leap of faith" since no one required for journal work and how it will be able to assess the actual value with affects one's class standing. It becomes any certainty until after graduation when necessary to determine which measure of both the practical benefits of increased one's abilities prospective employers will skills and the desired benefits of better value most highly, grades or journal. job offers are found to be fact or fiction.

Page 4



Members of the Women's Law Association are shown mingling with the law school faculty and administrative staff mem~ers at the recent WLA reception in the facdlty lounge. (Photo by Mike

S.B.A. Questionaire
Please feel free to attach other sheets to fully explicate your position in these matters. . If you are interested in working with the Curriculum Committee, please provide us with your name and phone number. (All responses to this questionnaire should be deposited in the recepticle during the week of Nov. 1-5.)
1. Are you satisfied with the present course offerings?

2. If not, in what areas would you like to see changes made?





Yes 3. Would you be in favor of the implementation of a trial advocacy course? 0 Yes

No 0 No '

4. Would you be in favor of the expansion of the criminal law/ procedure area?



Yes 5. Are there any current courses you find to be of no value? If so, please list.


6. Are there any courses listed in the official St. Mary's University School of ' Law catalogue that are not being currently taught that you wish ::'ere? If so, Yes please list. 0

No 0 No

7. Would you be in favor of a teacher evaluation program?



Yes 8. Are you satisfied with the present class/ final scheduling?




October 29,1976


Page 5

The Boys of Autumn
by David E. Chamberlain There is a little more to law school . society' than one sees in the library or at Smuggler's Inn. Not knowing this, it was with some trepidation that this reporter took the Intramural Football assignment. On October 17 the Intramural Department wrapped up another season of regular football play. I attended a few of those games and can attest to the fact that some of our compadres do not use Sunday as a day of rest. It would not be imprudent to say that the law students involved in the Intramural football program do take those Sundays fairly seriously. Tensions usually run high and the games are played with all due eagerness. Last year's Intramural football chamwere the "Shysters"- a rather ' composition of second and third year law students. This year, the "Shysters" have rolled along to another playoff position with the championship yet to be decided. "The "Shysters", champions of the gold division, compiled a 3-0-1 mark for the regular season. In their first game they took a rather unimpressive victory over Rho Chi, 6-0. The second game was equally uni~pressive with both the "Shysters" and their opponent Sig Ep playing to a 0-0 tie. But things began to fall together when the "home team" mounted a 28-0 victory over Tau Delta. Some of the best sandlot I have ever seen. Undoubtedly, the most valuable player of the game was Jack Fuini who caught ~hree touchdown passes, converted for the -extra point, and caught a fourth pass on the one foot line. But upon sober second thought, I have never seen a game won by one person including this one. And in the fourth battle that won the war, John Primomo caught a Scott Breen pass while Gary Hutton ran back an interception to give the Shysters 'a 12-0 victory over another law school team, "Learned Hand". It should be noted that the "Shyster" defense demurred successfully throughout the season and did not let any opponent score a point. While it should remain undoubted that most 'of those who show up to play on Sundays either enjoy football or need the chance to get away from the books for a while, there remains much more to be experienced than just the competitive sport. After one observes these games a couple of times, it seems fair to conclude that these guys are more than colleagues attending the same educational institution. They are friends. . The playoffs are scheduled to begin on Sunday, October 24 at 1 p.m.

St. Mary's Law School moot court winners (L to R) Patty Wueste, Donald Bayne, and . Tricia.McNair will journey to Tulsa, Oklahoma on October 28 for the regional moot court competition. . (Photo by Mike Sadler.)

Student's Represent St. Mary's By ' .
Jim ~eifert

Donald Bayne, Tricia NcNair, · and Patricia Wueste will represent St. Mary's Law School at the regional moot court finals. in Tulsa on October 28-30. The problem in security regulation will be argued in a double elimination round of th~ tournament sponsored by the Tulsa Bar Association. At the finals at St. Mary's on October 1, Bayne and McNair won for oral presentation and Wueste and Bayne tied for best brief. The twenty . individuals competing argued four times. The finals, argued by the top four competitors were judged by Federal Judge Adrian Spears, Texas District Judge Franklin Spears, and attorneys Hubert Green and John Fitsch. National finals will be held December 13, 14, and 15, sponsored by the Association of the Bar of the City of New

York. St. Mary's Mock Trial competition will be participated in by a record thirty-eight . teams from November 3 to the final on November 12. The competition will be single elimination due to the large number of competitors. The winning team wil? be part of the two three member teams that will represent St. Mary's in the Houston regional competition next spring. The other four will be chosen from the eight teams making the quarter-finals. Mock trial competition will concern a federal criminal problem; the defendant is a jail guard accused of aiding and abbetting the escape of a prisoner. . The competitions are run by Moot Court Board chairman John Stempfle, and members Ken Link, Preston Silvernail, Tim O'Shaughnessy, Larry Dale, Jan Fisher, and Tom Hallstead.

Addendum to "Old San Anne Tone"
by R.K. Hurrington In the last issue of the WIT AN two errors were made:the WITAN spelled my name wrong, it is HURRINGTON; and I omitted some citizens who should not go unmentioned. There exists in OSAT a group of citizens more prevalent than school crossings and more treacherous than railroad crossings. This group should be honored by the OSAT City Counsel. Counsel person Phil Pyndus has suggested two plans of representation on the city council; eight members from districts and a mayor elected at large; or eight members from district and the mayor and two more members from at large. I submit that the second plan is best, for it will afford the heretofore forgotten group or' OSAT citizens equal representation. The two council persons representing this group should be voted on at large because this socio-economic group lives all over the berg and its inhabitants far outnumber any district which can be proposed by at least two-to-one. This group of unheralded citizenery is the family MEPHITIS, commonly referred to by each other as "Polecat" or "Skunk".

Page 6


October 29, 1976

S.B.A. Update
by John Cornyn The virtues of communication between administration and students are often extolled. Its benefits are so often repeated it has become a trite, meaningless incantation. But the symptoms of its absence are obvious at our law school; student frustration and discontent have run rampant. Students want to know why we don't have more clinical programs, why we can't hire more faculty, why we can't offer more courses, why we can't have a student-run legal services program, why we don't have more office space for student organizations and why we can't have this and that. It is painfully obvious that insufficient funds is the answer. But this answer just spawn more questions. Why, when our tuition is raised, do we notice only a negligible increase in student services? Why, when our individual financial contribution to St. Mary's University is proportionately greater than an undergraduate's, does our Law School Student Senate receive only a fraction of the funding the ' undergraduate student government receives? How much of the (Continued On Page 8)

The Witan openly solicits contnDutions from the law school student body and faculty, and in spite of the suggestion made by the photograph above, the publication is not controlled by a group of underground degenerates. Anyone wishing to contribute articles. solicit advertising, edit copy or help with proof reading and layout are urged to contact any member of the Witan Staff. Editorial Board members pictured above, are: (Seated L to R) Tony Chauveaux, Kayo Mullins, Geri Men; (Standing) Lucy Garcia, Denny Callahan, Mac Secrest, and Bill Crow. (Photo by Mike Sadler.)

by Mary Beth Carmody 12 at Last Tuesday, October approximately 1:15 p.m., two Memorial high school students were caught leaving the law library after having lifted the wallets of two female law students. The thieves were nabbed through the astute observation of one of the victims, due partly to the fact that the library was deserted at the time. The victim, who prefers to remain anonymous, was studying near the copymatic (the old xerox machine), having left her books and purse in a glass-enclosed carrel nearby. She noticed the two high school students hovering in the stacks and shortly thereafter saw them enter one of the small windowless study-rooms. Returning to her own carrel she noticed the door was open and as she had closed it when she left, she checked her purse and found her wallet missing. She immediately notified the library staff, which gave chase and stopped the students near the University Center. The students, who showed fake LD. cards, soon crumbled under questions and admitted to taking the two wallets. One of the youths asked the student, "If I give you all the money I have on me, will you drop it?" After she turned down the "offer", the youths were taken to security and then Brother Denton's (the Dean of

To C, tch a Thief a
Students) office, where they were again questioned. The youths confessed to having been on campus before and even admitted to having tried to organize other Memorial students to come to St. Mary's to steal. The others "chickened out." Along with the money from the wallets, some equipment from the undergraduate biology lab was also found in their possession. They had visited the biology lab. and told a professor that they were senior high school students doing a project. The professor showed them around and they proceeded to rip-off the equipment . . Brother Denton then called the San Antonio Police Department. Two officers from the juvenile division were sent because the youths were minors. Statements were taken and the youths were taken downtown and booked. Later they were released to their parent's custody. If anyone else has lost a wallet and would like further information they can contact the juvenile division of the San Antonio Police Department. There have been other incidents at St. Mary's in recent weeks. One involved another Memorial student who was caught outside of a women's dormitory at

1 a.m. on a Friday night looking in windows. After he was caught and questioned, his parents were called and he was released to their custody. Brother Denton has contacted the principal of Memorial and hopes that he will take some preventive action. In another incident, a watch was stolen from a law student in the C.E.C. while the student was practicing Karate with a friend, the thief watched from near the table upon which the student had left his watch. When they finished practice, the watch was gone. The students pursued & apprehended the robber in the court yard. However when they tried to question him, he reached threateningly inside his coat. Discretion rreing the better part of valor, the students retreated, and the thief escaped across the courtyard. It seems from all these incidents in the last few weeks, that St. Mary's appears to be easy pickin's for the hoodlums in the area. There is only one way to combat the problem and that is for all of us to be more diligent in protecting our proP!"lrty. Thus, the moral of the story: IF you do see someone who looks like he doesn't belong here-ask for an LD. card or call security. If you don't like these alternatives, stop and mention it to someone in authority: (library staff, professor, etc.)

October 29,1976


Mock Trial Presentation Readied


Page 7

Letter to the Editor

by Victor Negron The legal profession is one of the great Victor Negron and Lucinda Julia Garcia. We want to thank the students, faculty vocations recognized by organized society The students participating in the program and staff of St. Mary's for all the kindness and one which places great demands on are Mark Miller. Pablo Bustamente. Ann shown and for the tributes to our wife and those who would be its practitioners. Brandenburger. Miguel Rodriguez. Joe mother. Service both public and private. is its key Casseb. Linda Lampe. Robert Brame. Elma Salinas. Mary Anne Oakley. John note. It is in preparation for the legal L. Wayne Scott profession that we as members of the SBA Guerra. Tony Hajek. Kelly Slade and Ron Kelly, Leonard. and Brad. Schmidt. High School Mock Trial Program pursue this goal of service to the community. Our primary goal is to serve as some benefit to the community through the introduction of students to some aspects of our judicial by Pat Kennedy system. in deepening their appreciation of the law The Thomas More Legal Association Specifically, the program is directed at beyond the immediate scope of the was rechartered and revitalized this area high school senior government and classroom. The group will attempt to month at a meeting attended by about 30 civics students. A presentation is made by assist any student wishing to engage in students, Dean Raba, Dean Reuschlein, two law students, one representing any legal-related activities beneficial to Fr. John Leyes and the group's ..aaintiffs counsel and one representing St. Mary's or the legal community at moderator. Prof. Vince Taylor. 1. fendant's counsel. A judge, defendant, large. The Association's stated purpose is "to plaintiff, and one or more juries by twelve The President of St. Mary's University, foster the intellectual growth of law students each are chosen from the classes. Fr. James Young,will be' the first lecturer stUdents primarily through the study of A fact situation is given, a tort action for philosophy, history and literature in featured by the Association. His assault and battery, and the various steps relation to the law and legal profession, by November topic will be "A General of a trial are explained as the trial sponsoring seminars and group discussion Introduction to the Philosophy of Law." progresses. It is our intention that the with scholars, jurists and other members students learn through participation. For more information contact Pat of the professional and academic Response from the various schools is Kennedy, Paula Yukna, Carter Crook, communities." It is designed to encourage enthusiastic and encouraging. Prof. Taylor or Dean Reuschlein. members and all other students interested This year the program is coordinated by

To the Editor:

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S.B.A. Update
(Continued From Pllge 6) money that the law school puts into St. Mary's University does it get "ack? The answer to this last question, I submit, is not nearly e~: This last answer leads us to the crux of the problem and a final question. To what extent is the law school supporting the University, with resulting lack of funds with which . to finance constructive programs at our law school? We as Law students have for too long assumed im adversary relationship with the law faculty' and administration. While some differences inevitably will remain, we do ourselves a disservice by blaming the administration of the law school for all our problems. First, they aren't to blame for the lack of funds alloted the law school and second, . this approach diverts our attention from the true source of many of our money-caused woes. In due time the responsible parties will have the opportunity to explain why the law school 'is short-changed. In the interim law students will be encouraged to know that the law school .. administration and faculty have battled. long and hard in our behalf against this increasingly parasitic trend. The only problem was that nobody knew about it. It is my hope that the administration will continue to demonstrate their willingness to talk to us and tell us where some of the answers to our common problems lie.

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Law Journal Announces Writers
Th; Law Journal has announced those writers who will be published in the Spring Journal. Those writing comments are Suzie Barrows, Gail Dalrymple, John Hunt, Connie Leonis and Bill Luttrell. The Symposium writers to be published are Pat Swanson, Becky Gregory, Scotty McQuarrie, Bill Crow, and Robin Dwyer. Case note writers to be published are Steve Golden, Pat Kennedy, Barry Hichings, John Bell, Larry Haye~, David Chamberlain, . Rich Roberson, Pat . Strong, Ted Hake and John Vought. ..)


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For Juci9. , Court Crilfti".1 App•• r., ".e. 2 IU"upit.d T.rlft) . (P.t. Juel. Cod. d. Apel.cio"u Crimi".1 •• , luq.r 2, Termino In••'
W . T. PHIlliPS


For St.t. S.".tor, District 19 (P.r. S.".dor d.1,. Dill,ito No. It 1

For Stolt. 5.1'1.10', District It ,P.r., d.1 E,, Oid,ito No. 19)

For St.t. Oi.trict 45
'P.r. •••,..tent. d.1, Dist,ito No. 45)


J ..

... .

Fo, St.t.••• nt.tiv., District 51-A d.I, Oist,ito No. 57·A)


For Stolt.••• nt.tiv., Ditt,ict 57·'
tP.,."t. d.I, Oittrito No. 57.1)

For St.t••• ".Mftfam-., DWrict 57-' IP.,a leptll ......nt. eI.&, ~a. H• •t.7_.) WARREN HARRISON

For St.t. R.pruent.tive, District I7·C IP.r. R.Dr ••• "t."t. d.1, Dilf,ito No. 57·C)

Po, St.t. R.p'.M"t.tiv., Oilf,ict 57·0
,P.r. R.p, ••• nt.nt.

_I Di.ftito No. 57. 0)

Fo, Stolt. Rflpf. ~ .nt.tiv. , Dist,ict 57·E . ".r.••• "t.nt. d.1, O..trito No. 57·E)

I ~;:r!t.::p!::~~:~:.t~:i' ~:.i:,t ~!.!ito

Ho. 57.F)

For Stolt.••• nt.tiv., · Di.trict 57·6 ,P.,.••• nt.n'. d.1, Di.ftito No. 57·G)

Fo, Stolt.."t.tive, District 57· H (P.r.••• nt.nt. doll E,, Distrito No. 57.HI

I !

For St.t., District 57.& (P.,.••• nt."t. del, Dimito Ho. 57·6)

Fo, St..., District 17.H IP.,. ••• nt.nt. doll, Di."ito No. 57·H)

For Stolt. , Oi.trict 57·1 (P.ra R.p,••en'.nt. d.1, Distrito No. 57·1)
R. L. " 101" VALE

St.t. R.,.....ttt.t;.,•• Ditfrict .7·' P.r. R.prelOnt.n" del, Distrito No, 17-1)
101 .. ...


For Stat. •. Di,trict 57.J IP.r. R.prese nt.nt. d.1, Distrito No. 57·J)

" The constitutional amendment authorizing an incnase of $400 Million in the amount of Texas Water Development Bonds that may be issued on approval of two-thirds of the legislature; amending and consolidating provisions of Section 49-c, .fo9-d and 49-d-1 of Article III of the Texas Constitution; and repnlinc Sections 49-d and 49-d-1 of Article III of the Texas Constitution."
For M.mb.r, St.t. lo.rd of Educetion. Di.trict · 20 (P.r. ~i.mb,o , Jun'. d. In,trueeion Publica d.1, Didrito 20)


Fo, Stolt. R.p,••• nt.tiv •. Di,trict 57-K IP.r. doll E,tado. Di.hito No. 57-K)

For M.mber. Stolt. lo.rd of Education, District 20 {Pera ~ i.m bro, Junt. d. Instrucdon Publica doll Estado. Distrito 20)

La enmienda constitucional autorizando un incremento de $400 millones de la cantidad de Bonos de Desarrollo de Agua e Texas que pQdran emitirse al ser aprobada por dos terceras partes de la legislatura; enmendando y consolidando dlsposiciones de Secciones 49-c, 49-d, y 49-d·1 del Articulo III de la Constituci6n de Texas ; y revocando Secciones 49-d y 49·d-1 del Articulo III de la Conslituciqn de Texas. .

Fo, M.mb.r. St.t. Bo.rd of Education, Dist,ict 21 (Pa,. Mi.mbro, Junt. d. Insfruccion Public. doll Estado, Oistrito 21)
Jlt.4t.4Y L. ELROD

For ~.mb.r , Stolt. Bo.rd of Educ.tion, District 21 (P.,. Mi.mbro. Junt. d. Inltruceion Publiu doll, Oirtrito 21 J

"A constitutional amendment to increase from $100 million to $200 million the amount of Trias Water Development Bonds that may be issued for water quality enhancement purposes."





Fo, Anoci.t. Justice. Court of Civil Appe.I •. District 4 (P.r. Juet Alociado, Corte d. Apel.cion•• Civil." Distrito No. 4)

Una enmienda constitucional para incrementar desde $100 millones hasta $200 millones la cantidad de Bonos de Desarrollo de Agua en Texas que poddn .u emitidos con el prop6sito de mejorar la calidad del altua.

Fo, District Judg •. 37th Judici.l District (P.r. JUet doll Oist,ito, Distrlto Judici.l No. 17)

Fo, District Judg •. 57th Judici.l District I'.ra JUe1 d.1 Oi,trito, Didrito Judicial No. 57)

The General Election will be held on Tuesday, November 2, 1976. PoB. win open at 7:00 A.M. and remain open until 7:00 P.M. Any voter in line at 7:00 P.M. is entitled to vote. There are 268 voting precincts in Bexar County. Consult your local newspaper for the polling place in your precinct. Not all of the candidates listed will appear on your Ballot. Candidates for U .S. Representative, State Senator. State Representative. State Board of Educalion, County Commissioner, Justice of the Peace and Constable are elected by Districts or Precincts. You may vote for only those candidates in whose districts you reside. Absentee voting will begin Wednesday, October 13, 1976 and will c.o ntinue through Friday. October 29. 1976. This will app ly to October 25. 1976 which is Veterans Day. The hours of absentee are from 8:00 A.M. to ~ :OO P .M. Monday through Friday, and from 8:00 A.M . until 12 noon on Saturday. In addition absentee voting will be conducted 8:00 A.M. to 12 noon and from 2:00 P .M. until 8:00 P.M. on Saturday. October 23. 1976 and from 2:00 P.M. until 8:00 P.M. on Sunday. October 24. 1976. Absentee will be conducted in the follo wing locations: South Park Mall' 2310 S.W. Military 'Drive Windsor Park Mall Villa Veramendi Homes 615 Barclay Street IH 35 and Walzem Road Wonderland Shopping Center 4522 Fredericksburg Road Bexar County Courthouse. North Star Mall 268 North Star Mall _ South End of the First Floor. McCreless Shopping Center 800 McCreless Plaza For additional information. call Absentee Voting Headquarters. 220-2704

For Oistriet Judg., 71,d JlJdici.l Did,ict (P.r. Ju.z doll Disltito, Oi'frito Judicial No. 711

For Di,trict Judg., Illst Judici.l District IP;,tE~uS~:~N~Wito, Di~trito Judiei.l No. Ill) For Di,trict Judg., l66th Judicial District (Par. JU.1: doll Distrito, Oistrito Judiei.l No. 166)


For District Judg., 175th Judici.1 Di.trict (Par. Juez doll Distrito. Di,hito Judici.l No. 175)

For Judg., County Court-At·l.w No. ~ (P.r. Juez d. I. Cort. d. l.y d.1 No.6)


For County Cl.rk (Un •• pir.d T.rml (P.r. d.1 Condado, T.,mino In•• pirado)

For Sh.,iff (P.r. Sh.rif.)

For County T.. An.nor.ColI.ctor (P.r. A•• sor·Coleetor ~. 'mpu.dol d.1 Cond.dol

For County T•• An.nor.ColI.cto, (P.r. Asssor·Col.eto, d. Impu.stos d.1 Cond.dol

For County Comminion.r, P,.c.inct I (P.ra d.1 Condado, Pr.dnto No. I)

For County Comminion.r, Pr.cinct 1 (P.r. d.1, Precinto No. 11

For County Commission.r, Pr.einct 1 (P.r. Comi, d.1, P,.cinlo No. 11

La Eleccion General se llevara a cabo el Martes. 2 de N oviembre de 1976. Los Lugares de votaci6n se abriran a las 7:00 a.m. y se cerraran a las 7:00 p.m. Cualquier volante que este en la Hnea a las 7 :00 p.m. si puede votar. Hay 258 precintos electorales en el Condado de Bexar. Consulte su peri6dico local para saber el lugar preciso de votacion correspondiente a su precinto. No todos los candidatos van a aparecer en su Boleta. Candidalos para el Congreso de los Estados Unidos, Senadores y Representantes del Estado, Miembros de la Junta de Educacion Publica. Comisionados de Condado, el Juez de Paz y 108 Condestables estaran elegidos por distritos 0 precintos. Solo puede votar par los candidatos que representan el distrito de us ted. Votaciones por ausenda en persona empezaran el 13 de Octubre de 1976, y continuar'n el 29 de Odubre de 1976. Tambien pueden votar el 25 de Octubre de 1976 el dia de los Veteranos. El horario para las votaciones por ausencia es de la s 8:00 a .m. a las 5:00 p.m. de Lunes a Viernes; y de las 8:00 a.m. a las 12:QO del mediodia los Sabados. Adema.s. Votaciones par ausencia tambien 5e llevaran a cabo desde las 8:00 a .m. a las 12 :00 del mediodia ya I••


Page 10


October 29, 1976


National Theater's major dramatic hit of 1974 November Broadway was shown in San Antonio's Theater for the Performing Arts on October 14, 1976. Equus is polyrhymetic. Its movements run, not consecutively as most federal judges are want to pronounce, but ' rather concurrently. The play's author, Peter Shaffer, has orchestrated at least five different motifs or movements. Unfortunately, to criticize them is to miss their harmony by viviseCtion. Like a sensitive pet, Equus, symbolized by six men wearing simulacre of horses' heads and hooves, continually changes stage positions so to reflect the different motifs of the play. The reflection is a subtle, but it is accurate. At a slow, near three-hour walk, Equus answers the question, "Why did the boy, Alan Strang, put out six horses' eyes with a spike?" He did it because he was insane. At an irregular and uncomfortable trot, Equus jostles the play-goer with the unanswered and slightly misbegotten question, "Because everyone has both enviable and horrid traits of character, by what objective standard does the psychiatrist attempt to cure and stabilize an insane person?" The psychiatrist, Martin Dysart, realizes that the boy Strang has a religious and sexual passion for horses and a consuming belief that god Equus exists in each horse. Dysart himself is normal, except that he has no passion. If Dysart relieves Strang of his sin's guilt, though Dysart is tortured by his active power to do so, then Dysart will simultaneously rob Strang of his deity and also of his passion. The question, "Better normal and flat, or insane and passionate?", remains unanswered. At a smooth, pace-setting cantor, Equus emerges not only as a private symbol of a powerful God for Alan Strang, but also as a public, collective symbol of passion in man. As man's perception of God changed and developed in Judeo-Christian historical movement from Old Testament to New, so also does Strang's perception of Equus change from awe and fear to a desire for loving union and consummation. It is interesting to note that as a symbol of passion, Equus brings to light the notion that passion need not take more

* Equus * The Hitler File

A Play on words
By D. Callahan

traditional avenues or forms; i.e., human sex, ambition, status, knowledge, etc. Though most reviews have ignored the stable scene or criticized the female in it as having "little more to do than shuck off her clothes", the most dynamic, most aesthetic, and most dramatic movement of Equus is the almost sacred nude stable scene with Alan Strang and his friend Hesther Salomon. To Strang it mattered not if he and she were stripped of their garments, for he was still strapped with the burden of his alien passion-Equus. Of course, Hesther says she understands when Alan refuses her invitation. But she does not.

The thing is this: Strang is guilty not for putting out those stable horses' eyes (because they saw?); nor is Strang guilty, in Zorba the Greek's sense, of committing the unforgiveable sin of refusing a woman's invitation; but Alan Strang is guilty because he knows he's different. The stable scene ends with Strang enranged at Equus (rather than himself) and then blinding all the stable horses. When all the movements are combined, Equus is a very stimulating play. (One word of warning: sit in the front rows of the Theater for the Performing Arts--{)therwise you'll never hear a thing.)

The Hitler File
By Andy Leonie

Frederic V. Grunfeld, roving editor of New York Horizon magazine, has compiled an essentially pictorial cultural history of Germany and the Nazi between the years of 1918 and 1945. In over a thousand still photographs, film clips, propaganda posters, cartoons, and illustrations, the elaborate symbolism and psyche of Hitler, the Nazi movement, and the German society is revealed. Starting with the embattled Weimar Republic, Grunfeld demonstrates how through the intellectual struggles of Germany in the twenties and thirties the people came to welcome Hitler's dictatorship. The irreconcilable humiliation that pervaded German society due to their prior defeat in war and the spectre of Soviet-inspired Communist revolutions in Europe is fascinating portrayed in a series of deco cabaret and political posters. Hitler had no advantage by birth or education, no political experience, no obvious genius. He was never a citizen of "his fatherland". But he preached a doctrine of salvation and will-power to a defeated, demoralized nation and became, not by coup, but by delegation, the strongest, most powerful leader in Germany. Still, he was not an original concept in Germany. For him to be able to enthrall the Germans with intimations of their own greatness, this basic belief must

have existed previously on some level in the German culture. Composer Richard Wagner in 1895 wrote; "I am the most German being; I am the German spirit. Consult the incomparable magic of my works, compare them to everything else: you have no choice but to say-this is Germany. But what is German? It must be something wonderful, for it is humanly mor,e beautiful than everything else! Oh Heav.ens! Should this Germanness have a foundation? Will I be able to find any Volk? What a magnificent Volk that would be! Only to this Volk could I belong." This evocation is astonishingly close to the ethos which encouraged thousands of Germans to go to their deaths rather than break faith with this man who claimed Providence had chosen him to lead his people. The artificial Utopia of the Third Reich is dramatically portrayed in a collection of . party-approved art. An especially fascinating photograph shows a N11remberg Party rally in the "Cathedral of Light" where 200,000 faithful would gather on a 'dark field with our seventy anti-aircraft searchlights surrounding the field shine up thousands of feet merging into the clouds, evoking a sense of surrealistic mysticism in the Nazi (Continued On Page 11)

October 29,1976


Page 11

The Prolessors
by Claude Ducloux Once upon a time in the distant land of Blackacre, there lived a mighty king on top of a hill which overlooked the various divisions of his empire. Although the king had the ultimate power in deciding how his kingdom was going to be run, he derived all his revenue from the workers in the lower valley. As time went by, it seemed that a particular section of the lower valley, known as the Lost Cool, became particularly successful in attracting workers. Because of the diligence of the workers and overseers of Lost Cool, that area was gradually gaining prominence was establishing a reputation far and for high standards of production. The ambitiously put their skills t'o work and were occasionally rewarded with a festival or other enjoyable ceremony. So although the revenues were high and the price the workers had to pay was exorbitant, they knew it would all be worthwhile. Unfortunately for some of the other divisions of the kingdom, the revenues were not so hot. A rival king opened a new kingdom nearby and was stealing workers away from these other divisions. So the King of Blackacre had a problem on his hands. It wasn't long, though, before the king's advisors found the solution. It ' seems t hat Lost Cool was doing so well that there was actually a waiting list for workers, even though the rates were . higher than the other divisions of Blackacre. So the Advisors said, "Why not raise the rates, and then take their money away??? Those nurdy workers will still cough up the dough!"

A Sloppy Fable


tried to decide how to · approach the overseers and t he King's Advisors, somehow t hey found they were all afraid of being banished from the kingdom. Suddenly one of t he townspeople had an idea. "Why not get Clod, t he Village Idiot, to go up and say somet hing. He's such a fool he'll say anything!" Although the idiot promised to say something, he too, chickened out. He did, however, decide to writ e a legend about the incident, and allow t he people to decide for themselves whether it is truth, or myth.

So by and by, although the overseers tried not to cut down on any essentials, it seemed that there were fewer and fewer celebrations for the workers, although they paid more and more money. Finally, when their fall harvest religious celebration was cut down to almost .nothing, the workers decided to speak out in favor of the rights they should enjoy by virtue of the high cost of living in Lost Cool. But when they all got together and

Ode To An Electric Drill
By L.A. Potter III

The ancient world had many vices, Used strange, exotic, weird devices; Tis said t hat in pursuit of pleasure, Their jaded palates knew rio measure. But, even with t heir fertile minds, It's taken many space age finds, To reach t he "ne plus ultra" scene, A reversible, electric, screwing machine.

Kim Answers Your L egal Questwns
by Kim Weixel

The Hitler File
(Continued From Page 10) pageantry. Clips from Eva Braun's Agfacolor home movies show Hitler in social settings with his mistress and chucking babies under the chin. Yet Hitler appears curiously ill at ease as Grumfeld puts it, "a neurotic weakling hiding behind t he strongman mask." Scenes fro m t he final Nazi apocalypse of murder and insanity are tragically revealed by a series of official SS photographs and selected ones by Heinrich Hoffman. The fact t hat the Nazi press gave wide publicity to such articles refutes the alibi t hat t he average German knew nothing about t he concentration camps. One of t he final scenes in the book summarizes t he spirit of the times when a grimacing Hitler is shown decorating disheveled and incredulous twelve and thirteen year old boys for distinguished service at the front.

Dear Kim, Twenty years ago when my son Jeff was a child, we bought a device that we hoped would aid :n "potty training', him. The device was nationally advertised and was marketed as a "sure fire way to get little Johnie to remember what to do when nature called." The product was a zipper made out of flint and steel and a glorious display of sparks would fly every time the zipper was used. Needless to say this was an obvious delight to young Jeff and I sewed one of these in each of Jeffs pants. He became compulsively preoccupied with fastening and unfastening his zipper and t he sparking it would produce. Jeffs delight with this contraption turned from mere enthrallment to an obsession and finally to neurosis. I will not list here all the indelicate details of Jeffs physical disfigurement

and mental collapse, but, at 25 years of age my son has never gone to school and recently married a horse. Is there any way we can receive some kind of compensation for Jeffs and our suffering. l si Obenetta Kockendurfer Dear Obenetta, Yea-sure I remember those flint and steel zippers. They were great fun at the old frat parties particularly when someone would dowse the lights!!! This case reminds me of the "Industrial Strength Baby Powder" cases in Utah. You didn't mention whether or not Jeff ever got "potty trained." Well, if he did then it was a 'merchantable product' under the U.C .C. and you won't get a dime. If he didn't, then you can get your money back for the zipper-but that's all. My best of Jeff and his new wife.

Page 12


October 29, 1976

President Gerald Ford: The Man
by Tom Quirk Former staff, Texas Committee to Re-elect the President. Former President - Bexar County Young Adult Republicans, University of Texas Young Republicans.



President Ford is a man of unquestioned character (having gone through at least four Congressional investigations and received a clean bill every time) and accomplishment, whose devotion to principle and strong, steady leadership have restored respect for government and have turned the economy around. American believes in President Ford because: 1. We have peace - for the first time since before World War II, t he United States is in a peace time economy and as a result, the unemployment level is high. I would rather have those people unemployed and looking for productive work than being shot in Vietnam. 2. He has the courage to say "no" to runaway spending, to stand up for his principle: "To hold down the cost of living, we must hold down the cost of government. " 3. He has the common sense to stick to his steady course that is leading us out of the recession, that has cut inflation in half,

Editor's Note: This article was solicited from the Bexa r County Republican Party.


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that is reducing unemployment every month. (800,000 more jobs in January alone.) 4. He is experienced. He did not seek the Presidency, but his entire public career has been a preparation for the job. He has grown steadily throughout his lifetime of accomplishment. In the Washington Post for January 2 1976, Columnist Jack Anderson provide a long thoughtful answer to the question, "What kind of man is Gerald Ford?" In part, Mr. Anderson wrote: "The experience of ascending the pinnacle of power can change a man ... It is enough to turn the head of a- saint. "We consulted our backstairs White House sources, therefore, to find out what effect his heady experience has had on Gerald Ford. He is still the same plodding, unpretentious guy. "There is an average-American quality about him, an easiness of manner, an engaging sincerity. He hulks through the White House corridors, full of friendliness, taking a personal interest in the lowliest secr.e taries and domestics. ·. "In the backrooms, he has an eas locker , room camaraderie with men, courteous graciousness toward women ... "Those who know Ford intimately say he is a most considerate and compassionate person. On a visit to Los Angeles, he stayed in an upper floor of the Century Plaza Hotel. During a ride downstairs to a press conference, the elevator began to misfunction. The operator was terrified. Ford calmed him, saying quietly; 'Don't worry, it will work. You'll get us there' .. "There is nothing suave or subtle about Gerald Ford. None of those sophisticated mannerisms which Americans are inclined to distrust. One of the first pictures the White House released of him showed the new President working with one foot propped on his desk. Most of his predecessors took themselves much too seriously to permit a picture of such reiaxed informality. But Ford has brought a warmth to an office which in less than a decade had gone from the chicness of Camelot to the deviousness of Byzantium."

October 29,1976


Page 13

Governor Jimmy Carter: The Issues
Joyce Peters, Bexar County Democratic County Chairman, urges support for Carter/Mondale because of their views on the following issues.
ETHICS -A comprehensive sunshine law should passed in Washington so that special will not retain their exclusive to the decision-making process. -Absolutely no gifts of value should ever again be permitted to be given a public 0fficial. -Complete revelation of all business and financial involvement of major officials should be required. -The sweetheart arrangement between regulatory agencies and industries being regulated should be terminated, and no personnel transfers between agency and industry should be permitted until after an extended period of time has elapsed. -The activities of lobbyists must be more thoroughly revealed and controlled. THE SYSTEM OF JURISPRUDENCE

hearing citizen complaints and removing incompetent judges from office -automatic review to insure increased uniformity of sentencing -a reduction of emphasis on victimless crimes -expanded staff aid for judges and administrative officers for the courts.


-Two and one-half years after the oil embargo our country still has no energy policy. We have had a parade of energy czars, a fragmentation of responsibility, an absence of accountability. The energy crisis is one of leadership and a fail ure to act aggressively.

The poor and the middle American have een priced out of the judical system. Now even the wealthy citizen and big business are finding the price of justice too high to pay. -In this vein it should be of concern th~t the current administration recommended a one-third cut in the budget of the Legal Services Corporation. -J ustice is of no practical value to the average citizen when cases are intolerably delayed. Of the $4.4 billion spent by the Law Enforcement Assistance Administration over the past eight years, only 6% was allocated to aid state and local courts. This is a grossly misdirected set of priorities. -All federal judges should be selected on a strict basis of merit. -As Governor of Georgia, Gov. Carter was successful in implementing a series of judicial reforms: -a nominating system to insure merit appointment of judges -mandatory retirement for judges and

-The present budgeting system is inefficient, chaotic, and virtually uncontrollable by either the President or the Congress. The executive budget should be prepared using the zero base budgeting technique which is now being implemented in many states across the nation. This budgeting procedure examines each year the need for specific programs which need to be continued, and provides for a logical and enlightened expansion of service delivery systems which need to be increased. -We should strive for a balanced budget for this nation during times of normal employment and prosperity. Most importantly, necessary imbalances during times of economic or military crises should be controllable and a matter of carefully determined policy and clear intent.

Editor's Note: This article
was solicited
from the
Bexar County


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October 29,1976

Outlook Bleak for Legal Services
By Mike Holmes The prospect of realizing a legal services program on the St. Mary's campus in the near future is unlikely. Last year, members of the Student Bar Association did a great deal of preliminary investigation with the goal of organizing a St. Mary's Legal Services Program. The result was an S.B.A. proposal for such a program. In essence, the report proposed a legal service program which was to be organized under the auspices of the S.B.A. having a faculty advisor and a pledge of assistance from the San Antonio Young Lawyer's Association. Interested second and third year students were to promulgate the program. The S.B.A.'s proposal indicated that the program would be limited to utilization by the St. Mary's University undergraduate students, faculty and staff. The proposed program's scope was restricted to handling certain civil problems and minor traffic violations. The law student's role, according to the proposal, was to interview the client and gather the operative facts, then to submit these facts in writing to a participating member of the Young Lawyer's Association. The law student was not to give legal advice on his own, but rather, to consult with th~ lawyer regarding legal advice to be rendered to the client. In other words, the law student was merely to act as an interviewer and liaison between the client and the lawyer. Despite such a role by the law student, the program would be required to purchase malpractice insurance in order to qualify for matching funds by the Law Student Division of the American Bar Association. These A.B.A.-L.S.D. funds would be imperative to initiate the program. Cost of the insurance would be $500.00 per year with a $1000.00 deductible per claim. The S.B.A.'s proposal wa" in turn s submitted to th~ Law School faculty at a regular meeting last year. A majority of the faculty gave approval to the proposed program in concept, but the faculty council indicated the implementation of such a program faced several barriers. The first barrier pointed out was the unavailability of a law faculty member to supervise the program, and A.B.A.-L.S.D. rules make a faculty advisor a prerequisite to dispersing matching funds. A second obstacle the faculty council mentioned was the lack of funds. At this time University administrators asserted the University was not able to finance the program. This year a special S.B.A. committee was formed for the purpose of a renewed study concerning implementation of the proposed program. The committee is chaired by S.B.A. Vice President Doug Fraser. Recently, committee member Mike Holmes met with Dean Raba and Associate Dean Castleberry to discuss the future of such a program. At this meeting the position of the faculty council vis-a-vis the legal services proposal was made unequivocal. The decision of the faculty council is that the current demands on the faculty are already too heavy to allow a faculty member to devote any time to a legal services program. Additionally, the faculty council announced that funds from the law school budget are still unavailable. Currently, the special S.B.A. committee is attempting to contact other Texas law schools which have legal services programs of some kind to whether or not St. Mary's would be to benefit by continuing to pursue such a program.

Bingo Be Gone
By R.K. Hurrington On Thursday October 7 Chief Emil E. Peters said bingo would no longer be allowed in San Antonio. Many avid bingo players were crushed. People who once flocked to American Legion and V.F.W. Posts weekly to partake of the excitement, and most importantly, companionship, will have to find other means of entertainment and camaraderie. Generally, these people were the senior citizens of San Antonio. The other "losers: in the ban of bingo are school children and charities. The church schools used bingo and raffles as a major source of revenue to keep t heir '" schools functioning. In light of the fact that wages are very low in San Antonio, many families who prefer the religious type education afforded by church schools will be hard pressed to meet the increased tuition. And those who in the past ha benefited from charities financed by bingo will no longer receive such benefits. There is hope for all these various affected persons: an amendment to the Texas Constitution. However to counter those who live in San Antonio and realize the advantages of such an amendment are the people who do not live in San Antonio and think that any form of gambling is evil. If state law enforcement agencies would arrest those carrying on "raffles", t.he percentage of people in favor of the amendment would far outnumber those against. RATIONALE: Bingo is big in San Antonio but in other parts of the state the raffle is king. Protestants do not look favorably upon bingo in the church, but they will raffle a color T.V. before you can say "T". Since the raffle is a form of lottery its status should be questionable at best. Alienate the Protestants with strict enforcement of the laws, and you will surely be able to pass an amendment to the constitution.

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October 29, 1976


Page 15
suggested that delaying the April city election in favor of a suit against the Justice Department might be a better alternativ.e than surrendering the city's "right to run our local affairs without Federal control." . One of San Antonio's major daily newspapers has also refused to lend its support to overhauling the city charter-at least until a few questions are answered. In a October 21 editorial, the San Antonio Express attacked the main reason now being given for changing the charter, namely that it will get Stanley Pottinger of the Justice Department "off San Antonio's back." The editorial agrees with the Chamber's stand that satisfying Pottinger seems a poor reason for a drastic change in any city's government. The Express also points out that back of all the argument for councilmen elected by districts is the implication that a district councilman will be able to get more city money spent in his district. "This ignores the fact that councilmen from other districts are not going to stand by and let a councilman from one district get more for his people than they get for their own. "That means log-rolling between councilmen-and more spending, not less. Spending may be by districts but taxing is "at large," the editorial concluded.

Voter's Rights Woes
(Continued from page 1)
opinion at the public hearing favor the 10-1 plan, and such a plan would probably be adopted in popular referendum balloting. There is, however, a Catch-22. A valid referendum cannot be held until the city and the Justice Dept. can agree on a fair method to hold such a referendum. The Justice .Dept. has informally suggested to a member of the city legal staff that one way to do it would be to segregate the ballots of the annexed areas, and count them only if the results of the election will not be changed. If a single member plan is defeated by popular vote which includes the ballots of the annexed areas, the Justice Dept. may to enjoin the referendum results on same grounds upon which they objected to the annexations. If, on the other hand, the ballots held in abeyance are not counted and if those voters disagree with the result, they may sue to enjoin. Should the city be unsuccessful in instituting single member districts, it may sue the Justice Dept. Such a suit would be for a declaratory judgement as provided for by Section 5. According to a member of the city legal staff, the suit would be grounded on the proposition that the annexations do not produce a deviation in the voting age population of the city, or if there is a deviation, it is de minimis. According to the city legal staff, the Justice Dept. has not defined what a de deviation would be, and that questioned about it a Justice Dept. representative suggested that a .0001 % deviation would be greater than allowed under de minimis. The city's suit would not be a question of first impression for the federal courts. Substantially the same issue was presented in City of Richmond v. U.S., 376 F. Supp. 1344 (D.D.C. 1974), and City of Petersburg v. U.S., 354 F. Supp. 1021 (D.D.C. 1972), affd 410 U.S. 962 (1973). Moreover, in White v Regester, 412 U.S. 755 (1973), the United States Supreme Court upheld a 1972 District Court ruling invalidating multimember ' (at-large) districts in Bexar County. The White case dealt with the election of representatives to the Texas legislature, but there is no reason to conclude that the White doctrine is not applicable to municipal elections as well. However, the 1976 Supreme Court decision in Beer v. U.S., 44 L.W. 4435, overruled a District Court ruling that the City of New Orleans was violating Section 5 by allowing for 2 members of its 7 member council to be elected at-large. Whether you agree with the Justice Dept., or whether you feel the · Federal government is unduly meddling, one thing is fairly certain: it will be a while before San Antonio has a municipal election. Ralph Langley, chairman of the board of the Greater San Antonio Chamber of Commerce, told the San Antonio City Council that, "Our plea is that this City Council accept its responsibility to the citizens of this community by the filing of a suit against the Justice Department. "The Chamber does not take issue with your rights to aggressively seek single member districting for the City of San Antonio. The Chamber does take issue with you for failing to aggressively defend the City Charter even if it might not meet your political goods," Langley said. Langley implored the council to insure that no municipal election as serious as one relating to a change in San Antonio's method of electing its local representatives be submitted to the voters under such "coercive circumstances. "He


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Page 16


October 29, 1976

Hall's Helpful Hints
In addition to the on-campus int erviews listed in the last issue of the Witan, t he following will be coming on campus to interview St. ' Mary's students between now and semester break: .. Nov. 9 ' U.~. Justice Dept. (Honors Program) ijov.9 Reginald Heber Smith program (Howard Univ.) . Nov. 10 Wood, Burney, Nesbitt & RyanCorpus Christi . . . Nov. 17 Atlantic Richfield A distressing thing has been occurring with on-campus interviews which needs soine discussion. We have some students a minority, to .be sure - who are · just not showing up for interviews. So far everyone has had a 'reason for not appearing, but no one yet has been able to explain why he didn't call and let us know in advance that he would miss the appointment. The stated - even published policy of the Placement Office is that a student may no longer utilize the services of the Placement Office if he or she fails to show for a scheduled interview without prior notification to us. This is not Ii new de·v elopment. The policy has been in effect here for a number of years. Some of the students who have missed . appointments have felt their circumstances justify ' an exception to' the policy. So we have developed an appeals procedure . for t hose who wish to pursue an appeal. If the Placement Director does not feel the student's excuse for not getting word in

By Sue HaII

.Dean's Desle
(Continued \-rom Page 3)' studeflts. The official records indicate numerically five A's, 48 B's, 131 C's, 28 D's, and four 55's. The achievements of the students at this School of Law are reckoned by numerical grades for class standing; ~lphabetical grades have been abandoned at the School of La~' because of the very accurate numerical .grade-class standing computation. Letter grades are never utilized unless either Graduate ~chool or an employer requests the letter equivalent. This occurs very seldom, because the emphasis is on class standing regardless of .any unpublished letter grade. Downward curves are never utiliied; however, upward curves a~e used ·with frequency when a particular graded paper is a couple of points shy of a passing grade.
. ' . It is indeed rare ~nder the current grading system of the letter A equivalent , for a student to achieve an overall average of 86% or more.

advance to the Placemeat Office justifies continuing services to the student,. the students roay appeal this decision to the Associate Dean for Placement, Mr. Castleberry. If a further appeal is indicated, it will be to Dean Raba, whose decision will be final. You may be interested in knowing that . the services of the Placement Office are also available to St. Mary's alumni. We currently have on our mailing list a number of our graduates who have been in practice for some time and who, for whatever reason, are looking for employment elsewher.e. We also have job opportunities listed . only for attorneys wit h experience, and matching is occurring between our two lists. Those o{ you who are interested clerking positions shOl.ild check bulletin board. There are some excellent positions still available, and some additional opportunities will be opening up 'in thtl next few weeks.· Attorneys in the community hire according to their needs, and these needs do not necessarily correspond with those of the academic year.

Law Fratern ity

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Delta Theta Phi ·87 Before New 38 Tota l 125 Phi A lpha Bef ore New Tota l Delio 39 38 77


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The faculty was of 'the opmlOn t hat there had to be some clarification by pUblication in the Witan after t he article appearing on page 3 of the last issue.
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Raymond A. Desmone, Tony Chaveaux, Geri Mery, Dean Raba, Denny Callahan, David E. Chamberlain, Jim Seifert, R.K. Hurrington, John Cornyn, Mary Beth Carmody, Victor Negron, Pat Kennedy, Claude Ducloux, Kim Weixel, Tom Quirk, “The Witan, 1976-1977 Academic Year, V. 4 No. 3, October 29 1976,” St. Mary's Law Digital Repository, accessed December 9, 2019,

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