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January 2008 3
THE PRESIDENT’S PAGE Depression, Addiction State Bar of Texas Award of Merit 1996 – 1997 1998 – 1999 2000 – 2001 – 2006 Help is available Star of Achievement 2000 State Bar of Texas artha Dickie wrote in the February, 2006 Texas Bar Journal that Best Overall Newsletter – 2003, 2007 anywhere from 10,000 to 15,000 lawyers in Texas suffer from Publication Achievement Award 2003 – 2005 – 2006 – 2007 impairments that affect their law practices and their clients. Stud- NABE – LexisNexis Community ies show that lawyers have a greater incidence of addictions and & Educational Outreach Award 2007 M mood disorders than the general population. Last year three El Paso attorneys JUDGE ROBERT ANCHONDO, President committed suicide. Who will be the next El Paso lawyer to lose his license, or CORI HARBOUR, President Elect CARLOS CARDENAS, Vice President take his or her own life? CHANTEL CREWS, Treasurer What is an impairment? JUDGE DICK ALCALA, Secretary JUSTICE ANN MCCLURE, Immediate Addiction and depression are impairments. Addiction Past President is sometimes diffi cult to recognize as a harmful activity. It 2007-2010 BOARD MEMBERS Laura Gordon often “sneaks up on us.” Similarly, the depressed person Bruce Koehler feels hopeless, and so fails to address the problem. Scott Mann What can be done? Oscar Ornelas Amy Sanders We must fi rst recognize the problem. In our profes- Stephanie Townsend Allala sional life, we identify problems and confront them. We Robert Belk Judge Oscar Gabaldon live and work in a highly competitive profession where Joseph Strelitz “strength” is rewarded and “weakness” is condemned. Ann Ward Judge Regina Arditti As a result, we hate to admit we ourselves have a prob- Gerald Howard lem. Sometimes “intervention” by others is necessary before recognition of the Walker Crowson Anna Perez problem is achieved. Jaime Sanchez Like addiction, depression can be a chemical problem. It can also be exac- EX-OFFICIO erbated by a “situational” problem. ELIZABETH ROGERS, State Bar Director, District 17 If the “situation” is work related, it may be that we are not being true to EXECUTIVE DIRECTOR our own values. For instance, litigation is about “winning” and making money, Nancy Gallego but it’s also about helping people and upholding the integrity of the profession. [email protected] Perhaps helping others should be the primary goal, rather than feeding an ego STEPHANIE TOWNSEND ALLALA, Editor that can never be fully satisfi ed. JUDGE OSCAR GABALDON, Assistant Editor Our State Bar has a Texas Lawyers Assistance Program, with full time staff CLINTON CROSS, Assistant Editor to assist the impaired lawyer. A lawyer who thinks he or she may have a problem NANCY GALLEGO, Assistant Editor should call the Texas State Bar at (800) 343-8527. “The El Paso Bar Journal is a bi-monthly publica- tion of the El Paso Bar Association. Articles, notices, Finally, as pointed out by Judge Oscar Gabaldon’s article in this issue of the suggestions and/or comments should be sent to the Journal, if you have an addiction or depression problem, you must persevere. attention of Nancy Gallego. All submissions mus be received by the Bar offi ce on or before the 10th When faced with impairment, recognize it, confront it, and never, ever, give day of the month preceding publication. Calendar up! listings, classifi ed ads, display ads, and feature articles should not be considered an endorsement of any service, product, program, seminar or event. JUDGE ROBERT ANCHONDO Please contact the Bar offi ce for ad rates. Articles PRESIDENT published in the Bar Journal do not necessarily refl ect the opinions of the El Paso Bar Association, A website for anyone interested in addiction issues is “Join Together.org.” Join Together is a program its Offi cers, or the Board of directors. The El Paso Bar Association does not endorse candidates for of the Boston University School of Public Health. Since 1991 it has been the nations leading provider of political offi ce. An article in the Bar Journal is not information, staratigic planning assistance, and leadership development for community-based efforts to and should never be construed to be, an endorse- advance effective alcohol and drug policy, prevention, and treatment. ment of a person for political offi ce.” January 2008 4
EL PASO BAR ASSOCIATION January Bar Luncheon Tuesday, January 8, 2008 El Paso Club, 201 E. Main, 18th Floor, Chase Bank - $14 per person 12:00 Noon Guest Speaker will be Dr. Diana Natalicio, President of UTEP who will speak on the “State of the Campus” and the Border Law Studies
Please make your reservations by Monday, January 7, 2008 at noon by calling Nancy at 532-7052 or via email at [email protected]
EL PASO BAR ASSOCIATION February Bar Luncheon Tuesday, February 12, 2008 El Paso Club, 201 E. Main, 18th Floor, Chase Bank – $14.00 per person Candidates Forum Please make your reservations by Monday, February 11, 2008 as noon by calling Nancy at 532-7052 or via email at [email protected]
The El Paso Bar Association’s Bar Bulletin is proudly designed and published by DEL PUEBLO PRESS, INC. We are located on 203 Mills in the historic Cortez Building in Downtown El Paso. Contact us at (915) 545-1598 or [email protected]. January 2008 5
CALENDAR OF EVENTS January February 2008 2008 Tuesday, January 1 Friday, February 1 EPBA Offi ce Closed – Coffee & Donuts in Bar Offi ce New Year’s Day Tuesday, February 5 Wednesday, January 2 EPBA Board Meeting EPBA Board Meeting Tuesday, February 12 Friday, January 4 EPBA Monthly Luncheon Coffee & Donuts in Bar Offi ce Friday, February 15 Friday, January 4 12th Annual Civil Trial Seminar MABA General Meeting Notice: Saturday, February 16 The El Paso Bar Journal is Tuesday, January 8 12th Annual Civil Trial Seminar being published as follows EPBA Monthly Luncheon – January & February 2008 Monday, February 18 are combined in this issue. Friday, January, 18 EPBA Offi ce Closed – March, April, May and June Coffee & Donuts in Bar Offi ce President’s Day will be monthly issues. Con- Monday, January 21 tact the Bar Offi ce if you have EPBA Offi ce Closed – MLK Day any questions regarding this schedule. PLEASE NOTE: Please check the Bulletin for all the details regarding all above listed events. If your club, organization, section or commit- tee would like to put a notice or an announcement in the Bar Bulletin for your upcoming event or function for the month of March, 2008, please have the information to the Bar Association offi ce by Monday, February 10, 2007. In order to publish your information we must have it in writing. WE WILL MAKE NO EXCEPTIONS. We also reserve the right to make any editorial changes as we deem necessary. Please note that there is no charge for this service: (915) 532-7052; (915) 532-7067- fax; [email protected] - email. If we do not receive your information by the specifi ed date please note that we may try to remind you, but putting this bulletin together every month is a very big task and we may not have the time to remind you. So please don’t miss out on the opportunity to have your event announced.
Articles published in the Bar Journal do not necessarily refl ect the opinions of the El Paso Bar Association, its Offi cers, or the Board of directors. The El Paso Bar Association does not endorse candidates for political offi ce. An article in the Bar Journal is not and should never be construed to be, an endorsement of a person for political offi ce.
January 2008 6
1882 El Paso Street in Postcards 1888
EL PASO’S LEGAL HISTORY REVEALED How Civilization Capered In and About El Paso 100 Años de Poca Soledad y Menos Abogados in the Sage Brush and Chaparral Days
BY BALLARD COLDWELL SHAPLEIGH
ivilization, as the old saying on MSNBC’s “Lockup – Kentucky State”) More recently, in a November 2007 article goes, begins with soap. It is the and a couple from Ohio named Day. Luck, in Rolling Stone magazine about the failure of lamb’s skin in which barbarism circumstances and cross-border relationships in the U.S. War on Drugs, El Paso and Juarez are masquerades, said Thomas Bailey any era dictate the degree to which the gateway described as each having one population by Aldrich. It is 1890, nine years to Mexico poses an indomitable impediment night (700,000 in El Paso and 1.4 million in Csince the railroad opened El Paso to the world and or a mere nuisance and inconvenience for law Juarez) and another by day, where every twelve brought the world to El Paso. The population is enforcement, as more fully described in Blanton hours there is a population shift between the two now over 10,000 and it is the age of the gunfi ghters, v. State, 1996 W.L. 219609 (Tenn. Crim. App. cities and 100,000 people pass back and forth a wild bunch not fully eradicated for another fi fteen 1996) and Day v. State, 763 S.W.2d 535 (Tex. “squeezing from end to end like the contents of or so years. C.L. Sonnichsen writes: App. – El Paso 1988, no pet.). But the manner in a water balloon”. Among them are “the spotters which American law enforcement grapples with and lingerers who just stand there, watching for The entire Southwest is booming. The the “escape hatch” by simply snatching wanted when the coast is clear so they can make their ranges of New Mexico and Arizona have fugitives in Ciudad Juarez fi nally compels Chief drug runs into Texas” through one of the handful been stocked with Texas cattle; miners are Justice Max Osborn to write: of bridges on the Mexican border that have swarming over the mountains; speculators become the main front in the war on drugs. move in and out of Mexico; and El Paso is This is the fourth individual to appear But in 1890, as Sonnichsen noted, the world their good-time town. Whenever anybody before this Court in three months challenging of the gunmen and gamblers was largely self- has a dollar in his pocket, says Owen White, seizure by F.B.I. agents in Mexico without contained. Unlike the drug dealers of today “he heads hell-bent to El Paso to get rid of judicial or diplomatic sanction. We do not and the Blantons and the Quinteros of the late it….The presence of Juarez across the river construe these cases and others cited in Day twentieth century, they mostly killed each other is a determining factor in the situation. A and [Blanton and Quintero] as affi rmative, and broke up no Sunday school picnics. As a sport who gets in trouble on our side takes prospective sanctions for the F.B.I. or any result many survivors from those times insisted a few quick steps and is safe on the other, other state or federal law enforcement that El Paso was a more secure and orderly and it works the same way in Mexico. The agency, either directly or through surrogates, place in the days of John Wesley Hardin than availability of this escape hatch…[attracts] to establish a regular policy and practice it was in later, more modern times. to the border an extraordinary group of of engaging in such activity of illegally gunfi ghters and fast-draw artists, some on Fifty years earlier, in 1840, traders like the seizing United States citizens in a foreign teen-aged Colbert Coldwell (usually identifi ed as one side of the law and some on the other, country. …[Another] occurrence will in “Thomas Caldwell” in fi rst person accounts like who [give us] the title of Six-Shooter capital all probability necessitate consideration of the diary of Susan Shelby Magoffi n) were doing of the Southwest.” whether we are not, in fact, seeing the results of an organized, coordinated program of brisk business into the heart of northern Mexico. international kidnapping which has become But to obtain a law license, Coldwell would One hundred years later the “escape hatch” a policy of at least this regional branch of eventually have to return to Arkansas before still attracts murderers and other miscreants who the F.B.I. arriving back in El Paso on Christmas Eve in end up on death row like Eddyville KY escapees 1873 to be U.S. Collector of Customs and to start James Blanton and Derek Quintero (featured a law partnership with Allen Blacker and Albert January 2008 7 Jennings Fountain, the controversial larger-than- life character and state senator from El Paso who had been recently acquitted of public corruption had to beat a band of rustlers and a pistol ball or two in a mad dash to your room, only to fi nd a charges in Austin, and later disappeared in 1896 man to whom you owed a small poker balance in with his 8-year-old son in the Tularosa Basin and possession, awaiting your return; when drinks sold is presumed murdered. three for a dollar, and board, without lodging was In the sage brush and chaparral days before $60 a month, payable (by lawyers) in advance; specialization and board certifi cation, yellow when any stagecoach might bring an offi cer with pages and travelling billboards called Sun an extradition warrant for the city-looking stranger Metro buses -- and the acquisition of a prized – the only man in town who wore a waistcoat, and New Mexico law license -- the Mesilla News who was anxious to learn poker, and who stood prominently featured solicitations by attorneys treats to the crowd a dozen times a night down at which ran the entire length of the front page Ben Dowell’s; when, after you had spent valueless in the left-hand column. Early issues of the time and invaluable sotol in making the opposition weekly newspaper published in 1874 show the attorney too happy to think of such a little matter same ten or so names. Charles H. Howard, a as fi ling an answer, you were apt to be informed by former district attorney and future district judge, the sheriff on default day that he had a note from the judge at the other end of the district that the and principal fi gure in the Salt War who was J. P. Hague stage company would not take state warrants for indicted for murdering mysterious Italian Luis stage fair, and to adjourn court for the term. Cardis in 1877 only to be later murdered himself, Overland streets. The law partnership ended when advertises as “Attorney at Law-El Paso, Texas”, Fountain moved back to Mesilla, the domicile of The uncharitable have said that our tribulations with offi ces in “San Elizario, the County seat of his wife’s family. Coldwell went into practice with were the just and natural consequences of our El Paso County.” His ad says he “will practice his son N.C. Coldwell; Allen Blacker became a characters and conduct; that in those days few in the courts of the 25th Judicial District of the district judge. Some years later, in a letter dated mothers had marriage certifi cates, and fewer men State of Texas and in the Supreme and Federal June 17, 1879 to Tularosa rancher and Las Cruces had names that would be recognized back where Courts at Austin, Texas.” He “will also practice businessman George Maxwell, Coldwell asks, they came from; that there was not a horse that in Dona Ana and Grant County, New Mexico” and “How is Newcomb, Bail, Jones & Fountain, had not changed owners without such formalities promises “prompt attention given to all business and my professional brethren getting along?”, as bills of sale and the payment of a consideration; entrusted to me.” referring to Judge Simon Bolivar Newcomb, the that if Kipling had been in El Paso thirty years Thomas B. Catron, a close friend and patron of above-mentioned Bail, W. T. Jones of Las Cruces ago he would not have sung anything about Suez, the Ten Commandments, and thirst, but would A.B. Fall who gave his name to Catron County, and Albert Jennings Fountain. After receiving have plagiarized Saulsbury, who a generation NM is named, lists his offi ce in Santa Fe and Maxwell’s reply, Coldwell writes back on July even before my time, summed up the situation, claims “prompt attention given to the collection 14, 1879, that “Newcomb deserves success and substantially as follows: and payment of debts.” D.B. Rhea, with an is a good man. I told him when he was handeled “Where the Rio Grande ripples, when there’s offi ce in the Maxwell & Dalley Building in Las (sic) so sorrowfully down in Texas that it was a water in its bed; Cruces, restricts his practice to the “Supreme and good thing for his future”, speaking to Newcomb’s Where no whiskey is ever drunken, — all Territorial courts of New Mexico.” “Juo. D. Bail.” removal from the district court bench in April, prefer mescal instead; of Mesilla “will practice in all the Courts of the 1874 on the petition of W.W. Mills, Howard and Where no lie is ever uttered, — being nothing Territory.” Jacinto Armijo of Las Cruces, whose Cardis. (See, Moody article, El Paso Bar Journal, one can trade; donation of land in Las Cruces to be used as the November 2007) Then Coldwell curiously adds, Where no marriage vows are broken, since the new county seat ended that distinction for Mesilla, “As to Fountain he never did me an injury but it was same are never made.” “will practice in the Justice and Probate Courts of because perhaps he never had an opportunity.” the county, make collections, etc.” E.N. Ronquillo Youngest son, W.M. Coldwell, would also be But such men are malicious slanderers who will speak evil of anyone – even of a lawyer. of Mesilla ran an identical ad. Coldwell, Blacker admitted to practice at the winter term of the 25th and Fountain ambitiously advertise that they District Court Jan. 11, 1875, with Judge Charles H. “will practice in the Supreme Court, District Howard presiding. In the after-dinner address at the Finding no offi ce with his father and brother, and Federal Courts of Texas and the Federal fi rst bar banquet on Jan. 13, 1902, W.M. Coldwell W.M. Coldwell fi rst labored in the “Custom and Territorial Courts of New Mexico, with described his nostalgia for the period this way: Service of the United States as a Mounted “special attention given to Land Business in all Inspector” serving in El Paso for the fi rst two its branches.” James P. Hague, on the other hand, Death and the sheriff have been busy among my years and then, in 1878, in Silver City, New was careful to set no such limits and advertised contemporaries, and I stand solitary and alone, in Mexico. He was probably hired by his father, “special attention given to all business entrusted all the magnitude of isolation, in the solitude they the U.S. Collector of Customs, a post later to my care.” Melton A. Jones simply announces have made. What are the horrors of the Red Days held by Pat Garrett in 1900. In an affi davit he he is an “attorney at law, El Paso, Texas” as does of Terror in comparison with those I have witnessed executed for the Chamizal arbitration hearings Sam Duncan. and survived:-When Billy the Kid was abroad in the in 1911, he also referred to this fi rst job as The Coldwell, Blacker & Fountain fi rm, as land; when, if you stepped out in the gloaming to being an “offi cer in the United States Revenue chat with your washerwoman’s daughter solely as well as the then-solo J. P. Hague, listed their El Service”. Then, as now, the border offered to the possibilities of her mother surrendering last Paso offi ces in the “Overland Building”, now 300 week’s washing without cash payment – you up controversy and confl ict as shown in his El Paso on the southeast corner of El Paso and description of a meeting between Coldwell’s January 2008 8 father as Collector of Customs and his father’s that he had “not fought in or acted as a second in Mexican counterpart: a duel with deadly weapons or paid anything for the vote of his election to offi ce” as required by In 1874 or 1875 I was present at an the law of those turbulent times in Texas. He interview between my father and Mr. Jesus also occupied the offi ce of City Attorney on four Escobar y Armendariz, then Mexican separate occasions. At the 1902 bar banquet, he Collector of Customs at Paso del Norte described the practice of that period as follows: now Ciudad Juarez, which meeting took place at my father’s offi ce on this side of We did not have to keep up with the reports the river. Mr. Escobar asked my father for in those halcyon days; and the consultation of permission to station a Mexican Custom authorities was pleasantly brief. The fi rst volume of House offi cer on the road leading from El Blackstone, Tidd’s Practice, Cruises’ Digest, and a Paso to Juarez about 200 or 300 yards north backles copy of Oldham & White’s Texas Statutes, of the river. My father replied in substance constituted the joint and several, individual and that he had no authority to grant any such collective library of the El Paso Bar. permission, and even if he had and granted the permission it would not be safe for a The year before I was admitted, all the Mexican Customs officer to attempt to criminal cases were continued by operation exercise any authority on this side of the of law. The deputy clerk had lost Oldham & river. Mr. Escobar y Armendariz withdrew White; his brother-in-law was under indictment, and there the matter ended. and the state’s only witness was a hopeless consumptive. The deputy was discharged, but After his service as a mounted inspector, as there were no fees attached to the offi ce he did W.M. Coldwell became an associate in the law not object. The witness died and the indictment offi ce of James Price Hague, who had come to was dismissed. … El Paso as the Republican appointee for District Attorney in 1871. J. P. Hague had studied law I have said little about the practice of law as an apprentice in the Jefferson, Texas, law in those ante-diluvium days – the essay on the offi ce of state senator and U.S. Representative snakes in Ireland was necessarily brief – for there David B. Culberson (for whom Culberson was very little litigation in a country where land from 1877 to 1878 and later served as a county County is named, as opposed to his son David had no value, men no credit, and it was a breach commissioner when the county seat was A. Culberson, a governor and U.S. Senator). of manners to mention the criminal code. It is removed from Ysleta to El Paso in 1883, to Hague also later formed the El Paso Real true we had most of the paraphernalia of justice write to an adjutant general with the U.S. Army Estate and Immigration Co. with developers – judges, sheriffs, lawyers and juries; nothing on Feb. 6, 1877 that the Indians had carried off was lacking except the clients, and if a few were James Magoffi n and Simeon Hart. Hague had all his stock and ask for more protection. found it was a practical impossibility to get the acquired a large amount of land in and around judge, sheriffs, juries and attorneys all sober at Despite Garcia’s plea, by 1880 not much had El Paso during the early 1870s and deeded the same time so as to constitute that majestic changed. “In 1880,” C.L. Sonnichsen writes, land, some say 10 acres and others say 20 or and collective whole denominated a court. If it “El Paso was not much more than a village. In 30, in the heart of the future city to the railroad were ever done, the litigants cast one startled 1885, it was beginning to be a big town.” So for a right of way and depot. Hague was also a look at the assemblage and compromised their what transformed El Paso from village to big member of the group of investors that bought cases. There is an uncorroborated tradition to town? As will be discussed in the next and last the two-year-old El Paso International Times the effect that one or two of us had pay clients, part, “Con dinero baila el perro.” in 1881 and changed its name to the El Paso but no lawyer was so verdant as to try a case Times. Because of this gift, he would later give as long as his employer was able to continue This “Civilization” series is written in appreciation of the the principal speech at the ceremonies which paying “refreshers.” When a client went into request of El Paso Bar President, the Hon. Robert Anchondo, offi cially welcomed the fi rst railroad, Southern bankruptcy it was a waste of time to do so. to commemorate the 110th anniversary of the Bar Association Pacifi c, on May 26, 1881. with much assistance and encouragement from Clinton Cross As Mark Twain said, civilization is a limitless In 1876, five years before the arrival for which the author is extremely grateful. The author is also multiplication of unnecessary necessities and of the railroads, the population of El Paso indebted to David J. Ferrell for assistance with graphics. Besides family papers and diaries, the following resources very soon after El Paso welcomed the railroads, within the limits of the town was estimated have been used: Pass of the North-Four Centuries on the the other amenities of civilization arrived: water by newspaperman Simeon H. Newman as Rio Grande by C.L. Sonnichsen; The Legal Heritage of El mains and hydrants in 1882, electricity in 1883, somewhere between fifty and a hundred Paso by J. Morgan Broaddus; The Life and Death of Colonel and gas in 1884. souls. He remarked that half the houses were Albert Jennings Fountain by A.M. Gibson; Mesilla News, Vol. Upon the departure of Colbert and Nathaniel unoccupied. Life at the Pass was alternately 1, Ira Bond publisher (1874); William Vincent Bryars, Lone C. Coldwell from El Paso in 1877, Hague dull and dangerous, with the Apaches mainly Star Edition of the World’s Best Orations (Ferd. P.Kaiser acquired much of their clientele. He traveled providing what excitement there was. Despair Publishing Co., Chicago, Ill. 1923). This presentation widely and young W. M. Coldwell held down over the lack of law and order caused Gregorio includes the creative work of others. This property is being the offi ce. In 1879, W.M. Coldwell also became N. Garcia of San Elizario, who had served in used by permission or under a claim of “fair use” pursuant El Paso County Attorney. In his oath he swore the 11th Legislature and was County Judge to 17 U.S.C. §107, and was created pursuant to fair use guidelines and further use is prohibited. January 2008 9
EL PASO’S LEGAL HISTORY REVEALED The Real Law West of the Pecos: Judge Thomas A. Falvey Picture courtesy of Kemp, Smith law fi rm BY THE HONORABLE BILL MOODY
I have chosen for this issue to write about Judge T.A. Falvey, the fi rst Judge of the 34th District Court of El Paso. I shall continue to write occasional articles on former El Paso Judges. In the last two articles you were introduced to Judge Gaylord Clarke and Simon Bolivar Newcomb. In the next issue the sixth District Judge in El Paso and probably the most controversial, Charles W. Howard, will be the focus of the article regarding the “Salt War of 1877.” I have decided to wait to complete the series, “So You Want to be a Judge?” until the Election issue of March/April 2008. t should be of some comfort to all the attorneys running for office that El Paso politics has gotten much tamer and gentler in the 21st Century. A little over 100 years ago a State Senator Iwas shot, a State Representative murdered, a District Attorney killed while attempting to help American prisoners escape from a Juarez Clerk’s offi ce in courthouse, c. 1889. Judge Falvey seated, holding hat. jail; plus, a District Judge murdered while attempting to arrest a local lawyer for attempted San Saba County and built a solid reputation broke out resulting in dozens of murders, rapes murder, and a former District Judge and Sheriff as a fi ne young attorney. While in San Saba he and general looting. The U.S. Army was called were executed by a mob in San Elizario. met his future wife, who was from Tennessee, in to restore order, as a breakdown of civil Judge T.A. Falvey was the “True Law West but was there visiting relatives. Falvey traveled law occurred. Once order was restored, those of the Pecos.” It was his court that tried all west and in San Angelo displayed fearlessness, a accused of the riotous acts were indicted, and felony cases, handled all divorces, and settled characteristic that would follow him throughout those that did not fl ee to Mexico were brought every land dispute, despite reports to the his career. He was hired to defend a cattle thief, to trial. The District Attorney alone prosecuted contrary concerning Judge Roy Bean. Bean a routine job for West Texas attorneys. In this all felony cases, but the increase in prosecutions was a Justice of the Peace in the remote village case; however, a mob surrounded the jail and in 1878 necessitated District Attorney, James of Langtry. Roy Bean had better press agents demanded that the Sheriff turn over Falvey’s A. Zabriski, to ask for the appointment of the and may have been more colorful than T.A. client for a quick lynching. Upon hearing of first Assistant District Attorney in El Paso Falvey, but Falvey was a solid, courageous, his clients plight Falvey, without hesitation County history. T.A. Falvey took the job and even tempered, and respected jurist who kept strapped on his six shooter and rushed to the began prosecuting with a sense of urgency. after the lawless element day in and day out. jail and told the mob that if they intended to When the District Attorney suddenly resigned, Judge Falvey brought a dignity and respect for lynch his client they would have to kill him T.A. Falvey was appointed as the new District the Courts in a very turbulent and troublesome fi rst. The mob must have recognized Falvey’s Attorney. The Salt War had eliminated many time. He was fair but fi rm and all El Pasoans determination and decided less blood would of the El Paso lawyer politicians, and the considered him a man of honor and justice. be spilled (theirs and Falvey’s) if they tried his fi eld was open for 27 year old T.A. Falvey to T.A. Falvey was born in far East Texas, client and then legally hung him, so the mob become El Paso’s District Judge in 1880. He Jasper County, on January 30, 1853. He moved dispersed. succeeded Alan Blacker who had seen enough to Orange County and studied law, and there Falvey arrived in El Paso in 1877, and had bloodshed in his four years on the bench to last began his legal practice. Later, he moved to just set up his practice when the “Salt War” him a lifetime. January 2008 10
Judge Falvey took on the largest were built on an empty lot 200 yards district court jurisdictional area in the from the railway depot in Ysleta. This entire U.S. The 20th District Court would mark the fi rst legal execution in covered from El Paso to the Pecos the history of El Paso County. Brister River plus Tom Green County, which gave lengthy interviews to the local press extended to San Angelo. This vast area maintaining his innocence until the end. encompassed 44,117 square miles (over On the gallows before the large crowd 28,000,000 acres), an area larger than all that included Judge Falvey, Brister said, but 16 of the then 38 states. Before the “I am not afraid to die, but the crime has Railroad arrived, Judge Falvey, District no existence, Judge Falvey gave me every Attorney John M. Dean, and the El chance he could to clear myself and I Paso Bar, a group of approximately a thank him… I die innocent.” The El Paso dozen attorneys, traveled by stage and hangman apparently had little experience horseback over the huge circuit. Court in executions and when the trap was had to meet twice per year in each of the sprung, the knot slipped and neither four counties: El Paso, Presidio, Pecos broke Brister’s neck nor strangled him. and Tom Green. Traveling between Instead he swung back and forth calling Ysleta, Fort Davis, Ft. Stockton, and San out to the executioners that something Angelo kept Judge Falvey away from his was wrong. For minutes the sickening home in Ysleta for long periods of time. sight continued until the Sheriff asked In his absence he had the Chief of the Judge Falvey what to do. The Judge, Tigua Indian tribe protect his wife. This pursuant to the sentence, reluctantly terrifi ed Mrs. Falvey’s mother and family, ordered Brister to be hauled up thru the as they viewed all Indians as savages. trap, the rope prepared properly and to This amused both Judge and Mrs. Falvey, re-execute the prisoner. This time it took as they maintained very cordial relationships T.A. Falvey, c. 1910 four minutes for Brister to stop struggling. The with the large number of Tiguas living in El lengthy execution process had taken almost Paso’s lower valley. with violent crimes. forty minutes and caused the El Paso Lone Judge Falvey served as District Judge at one Judge Falvey’s impartiality was severely Star newspaper to criticize hanging as a cruel of the most dynamic and signifi cant times in El tested in an early case as a Judge. In the State and unusual form of execution and suggested Paso’s history. On May 12, 1881, the Southern v. James Brister, Brister, an enlisted soldier at some modern way to make executions quick Pacifi c Railroad reached El Paso and on May Ft. Davis was charged with the rape of another but not gory. As recent U.S. Supreme Court 26, the offi cial celebration was held with Judge enlisted man’s wife. Citizens in Ft. Davis actions indicate, we continue to struggle with Falvey as a prominent member and speaker were outraged and to assure a less passionate this issue almost 125 years later. at the dedication ceremonies. The Southern jury, Judge Falvey, withstood the heat of local Although El Paso County had been in Pacifi c’s arrival was closely followed by the pressure and changed the venue to El Paso existence for over 30 years, no permanent Santa Fe Railroad in June 1881, the Texas and County. All fi rst degree felonies were capital Courthouse had ever been constructed. The Pacifi c in June 1882, and the Mexican Central crimes in the 1880’s and the State, by calling fi rst Courthouse was built during Judge Falvey’s later in 1882. El Paso became a major rail for a special venire of sixty jurors, instituted tenure. A magnifi cent but controversial second hub connecting east and west and north and the process that would lead to a legal hanging. courthouse was erected in 1886 while Judge south. With the railroad came a population At his trial, Brister’s defense was that a Falvey presided over the 34th. The fi rst El boom that created progress, prosperity and relationship existed between himself and the Paso County Courthouse was built in 1882 in problems. El Paso grew from a population victim. He said the night of the rape they had Ysleta. It was a sandstone two-story building of a mere 750 people before the arrival of argued but resolved their problems. When with offi ces, courtrooms, and jury rooms at a the railroad, to 10,388 by 1890. Many of the victim’s husband unexpectedly walked in cost of $14,000. The 1883 Legislature created the newcomers were gamblers, prostitutes, on them she claimed rape, which he denied. the new 34th District Court that consisted of El and con men, a group generously called, the The jury disagreed, and the defendant was Paso, Pecos, and Presidio Counties, (all the “sporting crowd.” The “sporting crowd” sentenced to death. area west of the Pecos River) and removed did not create a jury pool sympathetic to law While the case was on appeal, Brister Tom Green County. With rail access to and order. Their saving grace was that they repeatedly attempted to escape and the law at Ft. Davis and Ft. Stockton, Judge Falvey’s showed little interest in jury service and Judge the time permitted dismissal of one’s appeal if time spent away from El Paso was reduced Falvey was able to fi ll his juries with people the defendant attempted to or escaped while dramatically. In December 1883, an election milling around the Courthouse on jury days. his case was on appeal. Pursuant to Brister’s was held to determine whether the County Jurors were tough on property crimes -- theft, escape attempts his appeal was dismissed and Seat would remain in Ysleta or move to El especially of horses and cattle, and burglary -- the mandate for his execution was handed Paso. El Paso had only 300 registered voters but when high profi le murders were tried, the down. Judge Falvey pronounced the death and Ysleta and San Elizario had nearly 500. “sporting crowd” enjoyed sitting on the juries, sentence on May 9, 1883, and set the execution The vote was 2,252 for El Paso and 476 for and they rarely convicted defendants charged for July 5 of the same year. The gallows Ysleta. Obviously many people from Juarez January 2008 11 voted for El Paso, when all you had to do to One day while holding court, his bailiff reported that a friend of vote was swear that you intended to become a U.S. citizen. The Falveys moved from Ysleta his was being threatened by three dangerous gunfi ghters only a few to El Paso when a new courthouse was built blocks from the Courthouse. The Judge immediately adjourned on the site of today’s courthouse, 500 E. San Antonio Street. The magnifi cent renaissance court, strapped on his pistol and ran to the scene. Not waiting for style building was one of the largest and most impressive courthouses in Texas when police or sheriff’s deputies, he confronted the three men and told completed in 1886. Controversy swirled them to leave El Paso immediately or face a posse that was about around the construction and Judge Falvey’s hand picked Grand Jury issued a stinging fi ve minutes behind him. Even though he was outnumbered three report regarding corruption by the architect, to one the Judge must have been convincing because the gunmen contractors, and local politicians. Bribery was eventually established and indictments were left immediately. Judge Falvey gave a new meaning to the concept returned. Judge Falvey later tried these high of judicial activism. profi le corruption cases. Judge Falvey also tried the murder case of the fi rst El Paso police offi cer killed in him as calm and dignifi ed, a perfect gentleman. brother-in-law to “Killing” Jim Miller, a known the line of duty. On the night of July 6, Loyal to his friends, respectful to his foes, he gun for hire. Clemments had a reputation as a 1883, Deputy City Marshall Thomas Mode, placed a high value on honor. gunfi ghter and at 25 had already carved several was looking for young cowboy Howard H. Judge Falvey gave a new meaning to the notches on his gun. The gambling and saloon Doughty. During a drunken spree with friends, concept of judicial activism. One day while crowd had been able to elect “Poker” Bob including a newspaper reporter, Doughty had holding court, his bailiff reported that a Campbell mayor. When Clemments applied been disturbing the peace in saloons and other friend of his was being threatened by three for a job as a policeman Cambpell thought he establishments along notorious El Paso Street. dangerous gunfighters only a few blocks was a good prospect. Clemments was always Looking for more entertainment, he ended up from the Courthouse. The Judge immediately ready for a fi ght and did a fair job as a street at Big Alice Abbott’s parlor of prostitution. adjourned court, strapped on his pistol and ran offi cer. A vacancy occurred for Police Captain Refusing to be arrested, Doughty shot and to the scene. Not waiting for police or sheriff’s and Clemments applied for the job. Local killed Offi cer Mode. Falvey moved the trial deputies, he confronted the three men and told citizens were appalled. They signed a petition on a change of venue to Presidio County, them to leave El Paso immediately or face a urging Mayor Campbell not to promote a man where Doughty was found guilty of murder in posse that was about fi ve minutes behind him. of Clemments’ reputation to such a high offi ce. the second degree and sentenced to fi ve years Even though he was outnumbered three to one The Mayor showed Clemments the petition in prison. That conviction was eventually the Judge must have been convincing because and Clemments swore he would get every reversed and remanded for a new trial, and in the gunmen left immediately. one of those honorable townsmen to remove 1885 Doughty was found not guilty. Falvey Judge Falvey voluntarily resigned his offi ce their signatures. Everyone did except for T.A. tried dozens of murder cases, all but one in June 1892 and never ran nor held any other Falvey, who alone refused to remove his name ending in a not guilty verdict. Self defense, he public offi ce. He joined the law fi rm of Hague, no matter what the result, and Clemments did deserved killing, or he was asking for it, made Falvey and Davis. James P. Hague, like Falvey, not get the appointment. As tough as Judge El Paso well-known as a place where grudges had been District Attorney and was one of the Falvey was, he was a great favorite with El Paso could be settled with few consequences. most gifted public speakers in West Texas. children. Everyday they would follow him on Judge Falvey also tried the most signifi cant After Hague’s death in 1893, Davis and Falvey his walks through town and he would tell them land dispute in El Paso with most of downtown remained law partners until 1914 when Falvey stories and buy them candy or ice cream. El Paso on the table. He tried election contests, began practicing alone. Judge Falvey had a Falvey was still actively trying cases when divorces, all criminal felony cases and every very successful law practice in both the Civil he died in 1919 after surgery at Hotel Dieu signifi cant civil dispute for the twelve years and Criminal areas for almost thirty years. He Hospital. The city was shocked and saddened between 1880 and 1892. Today we think trying and his wife had three children. Their oldest that one of its great pillars had passed away. On one or two cases per week as a heavy workload. daughter, Mabel, lived with the Judge and his the day of his funeral all courts at the El Paso Judge Falvey routinely tried two and even three wife. She was one of the fi rst school teachers County Courthouse were closed in his memory, jury trials in one day. at El Paso High School, which opened in in spite of the fact that he had been retired as He was extremely active in local, state and 1902. A second daughter married an El Paso a judge for over 27 years. Few local offi cials’ national politics. For many years he was also physician, Dr. Frank Lynch, and their youngest deaths have resulted in the closing of the the Chairman of El Paso County’s Democratic child, Walter L. Falvey, was an offi cer in the Courthouse for an entire day. T.A. Falvey was Party Convention. He was a delegate on a U.S. Army. not merely respected; he was beloved by the number of occasions to the Democratic State Even after leaving the bench Judge Falvey’s local legal community and all El Pasoans. Men and National Conventions. He was highly courage could be counted on. In 1894, Manning of such stature rarely pass by, but when they do, respected by the legal community and the Clemments arrived in El Paso just before his a community cannot fail to take notice. citizens of El Paso County. He was a great famous cousin John Wesley Hardin -- one of mentor to young lawyers. Everyone spoke of the most notorious gunfi ghter in the West -- and January 2008 12
SENIOR LAWYER INTERVIEW
BY CLINTON CROSS PHIL BARGMAN rior to this interview, I pledged and opened the largest department store to myself to dig up all the dirt on in that city. Henry was also appointed the PPhil Bargman I could, and pass it French Consul in on to you. Read on, my friends. This is Chihuahua and served many years in my moment. that capacity. Claire’s mother, Julia, was from Switzerland. CROSS: I understand you come By the way, my grandparents knew from an old El Paso family. Any truth Pancho Villa and his wife Luz Corral and to that? some of his other “wives.” Villa never BARGMAN: Well, my grandfather bothered my grandparents. I also knew owned a clothing manufacturing company Luz Villa from the time I was a small here in the early nineteen hundreds, and child, and I later introduced her to my we have a picture of a shooting taking children. place outside his business. But times were changing. Someone arrived at the CROSS: Where did you get your “out scene on a bicycle, rather than a horse. of the home” education? (For more information, see related story BARGMAN: My father was in the in this issue of the Journal. Ed.) military, so I moved all over the country and I attended many schools including CROSS: So your roots are in the several in Texas: El Paso, Brownwood, Wild West? Houston, and Peacock Military Academy BARGMAN: Somewhat. But my in San Antonio. I also attended schools grandfather, also named Philip Bargman, in Coffeyville, Kansas and Lincoln, came from Russia. He settled first Nebraska. I graduated from Balboa High in Trinidad, Colorado. He thereafter School in the Panama Canal Zone. Many years ago, in 1973, I ran moved to El Paso. In 1903 he opened the I spent two summers while at Stanford Bargman Shirt and Overall Company at in Chihuahua. During one of those for the Board of Directors of 215 East Overland Street. I suspect this summers I made friends with a young was the beginning of the clothing industry man my age whose father commanded the the El Paso Legal Assistance in El Paso. Mexican Cavalry Regiment stationed in My father was Saul Bargman, one Chihuahua. He invited me to go horseback Society (EPLAS). In those of his two sons. When my grandfather riding. His father soon advised us that we died, his sons were too young to run the had to train with the soldiers if we wanted days, the practicing attorneys business, so it was sold. to ride horses. His offi cers were graduates My father served in the U.S. Army prior of the Mexican Military Academy, and in El Paso County elected to and during World War II, achieving the some were Olympic competitors. rank of Colonel. He served as Deputy I learned a lot that summer training lawyers to fi ll the vacant Finance Offi cer at Fort Bliss and served in with the Mexican cavalry: how to ride Panama as Finance Offi cer for the entire horses, how to jump horses, and even positions on the EPLAS Board Caribbean Air Command. how to march—a lot of things. It was a memorable summer. (a process similar to an “El CROSS: So, don’t women count? I graduated from Stanford University What about your mother? (I know I in 1950, with a degree in Economics. At Paso Bar Association poll”). shouldn’t have asked the question that that time, I also received a commission as Phil Bargman defeated me. way, but revenge is sweet). a Second Lieutenant in the US Army, but BARGMAN: My father married thereafter transferred to the US Air Force Claire Picard, who was born in Chihuahua, Reserve. I then enrolled at the University Mexico. Her father was Henry Picard, of Texas School of Law, graduating in who moved to Chihuahua from France 1953.
January 2008 13
CROSS: Then what? When I started the practice of law, lawyers tried to prevent BARGMAN: Well, I returned to El Paso. In 1955, after two years active duty in the Air problems and if they occurred they tried to resolve them as Force, I began the practice of law as a sole practitioner, specializing in real estate, probate, soon as possible with the least expense to all parties. Today, contracts, and commercial law. I was at that time one of the few lawyers in in my opinion, too many lawyers approach the practice as a town who could speak Spanish. As a result, business, rather than a profession. Perhaps we can change judges frequently asked me to perform the role of interpreter. that culture. We must. The “rule of law” is at stake!
CROSS: Sounds boring. I’ll bet you never handled an interesting case. BARGMAN: Wrong. I could tell you CROSS: I admit that was a pretty good and not in a court of law. about lot of interesting stories, but you don’t story. I bet you can’t even come close to This time we perfected a de novo appeal to have the space to print them all. So I’ll tell you another tale like that one. the County Court at Law. After a bench trial about one of my more interesting cases. BARGMAN: A few years later, in 1966, before the judge, we again prevailed. The Court In 1959 I was working diligently on some I was offi cing with R.P. Langford and Francis ordered Father Thistle to vacate the premises, transactional matters when a woman came S. Ainsa, when Bishop Metzger called them and he did so. into my offi ce seeking representation for her for representation regarding a matter involving In a very short period of time, we tried this two sons, ages ten and twelve. Her sons were Daniel Thistle, a Catholic Priest who lived in case in justice court, the District Court, the being held at the El Paso Juvenile Detention the Diocese. The Bishop wanted the priest Court of Appeals, again in the Justice Court, Center, and prosecutors had recommended removed from the Diocese, and from the parish and fi nally in a County Court at Law where the that the youngsters be sent to the Texas State house. The priest refused to relinquish his matter was fi nally decided in our favor. Juvenile Facility. position as priest, or move out of the house. Thereafter, I received a very nice letter of I wanted to find a better alternative. I Langford and Ainsa fi led a forcible detainer appreciation for my work from Bishop Metzger, remembered a movie with Spencer Tracy action, requiring the priest to vacate the which I still have and treasure. about Boys Town. From seeing the movie, I premises. Langford and Ainsa did not want to thought Boys Town would be better than the participate in trial of the case, and at that point CROSS: Besides practicing law, did State Facility. I reviewed the idea with my asked me to take over. you ever do anything constructive for the client, and she liked it. I thereafter asked the We had a hard time serving Father Thistle. community? judge if he would consider placement at Boys Every time the process server went to the house, BARGMAN: I served on the EPLAS Board Town, if at the upcoming hearing it appeared he would sneak out the back door or otherwise of Directors for more than one term until 1981. the children required incarceration. He said he avoid service of process. The constable knew I received the Meritorious Service Medal for would do so. the priest, and knew the priest loved baseball outstanding service in the United States Air I then talked to the Catholic priest, who said games. He suggested service at a baseball Force in 1982. I retired as a full Colonel from he’d try to get the boys admitted. He called a game. the Air Force Reserve in 1982. I also served few days later, advising me that Boys Town Father Thistle was served at a baseball game. as Board Member and Chairman of District 17, could not accept the youngsters. They had, he Father Thistle then posted bond and fi led suit Committee on Admissions, State Bar of Texas said, a waiting list “a mile long.” He reported in the District Court requesting that we, the for 25 years from 1957 to 1982. I have been a he would try to make arrangements at another Sheriff and the constable be enjoined from Rotarian for many years. I have been a Master facility. evicting him. The judge granted a temporary Mason for more than fi fty years. I was honored Two days before the court hearing, I received injunction pending a hearing. At the next by the State Bar of Texas and the El Paso Bar a frantic call from the Catholic priest. The hearing, the court dissolved the injunction and Association as a “50 year” lawyer, which means priest had received a call from the Bishop, who allowed us to proceed with our suit in justice I’m still kicking. told him that the Pope had called him on behalf court for possession of the property. of the two boys. The Pope wanted to know Father Thistle immediately appealed the CROSS: How has the practice of law why the assignment to Boys Town had not been District Court’s opinion to the Court of Civil changed since you started? made as the boy’s lawyer had requested. Appeals. The court granted us an expedited BARGMAN: When I started the practice It turned out the mother of the two juveniles hearing and heard the case within a few days of law, lawyers tried to prevent problems and was a distant relative of the Pope. She had of the notice of appeal. We won in the Court if they occurred they tried to resolve them called him to ask for his help. The priest of Appeals, and the case was remanded for trial as soon as possible with the least expense to was panicky, and wanted a delay in the court in the justice court. all parties. Today, in my opinion, too many hearing so he could work things out. The judge Back in justice court, Father Thistle lawyers approach the practice as a business, agreed. demanded a jury trial. The trial lasted rather than a profession. Perhaps we can A few days later, Boys Town accepted the approximately two days. The jury refused to change that culture. We must. The “rule of two youngsters. Needless to say, my client was evict the priest, explaining that they felt the law” is at stake! pleased. So was the priest. matter should be resolved within the Church January 2008 14 PERSEVERANCE: The Ultimate Key To Success BY JUDGE OSCAR G. GABALDÓN, JR.
he making of America has largely been a matter of perseverance…the perseverance of men and women that long for a better tomorrow for themselves, their children, and theirT descendants. We need not look far to fi nd examples of people whose perseverance has paid off a hundredfold. The entertainment business gives us a wealth of examples regarding the benefi ts of perseverance. For example, in 1933 the MGM testing director wrote a memo about Fred Astaire’s fi rst screen test. In his memo, the director wrote that Fred Astaire could not act, was slightly bald, and could only dance a little. However, Fred Astaire did not permit this to stop him from trying to make it in show biz. As many know, he is now considered a legend and one of the greatest dancers in the fi lm industry1. Other examples abound. After losing his older brother in WWII, Dick Clark became an introvert. He began to listen to radio to help him better handle the loss of his brother. His desire to host his own radio show eventually led him to start American Bandstand2. Yet another example brings us to the man who has received the most academy awards than any other individual. Having been fi red from his newspaper job for lacking ideas, and having gone bankrupt several times, Walt Disney went on to bring the world a land of dreams and fantasy we now simply call Disneyland3. In the business world, we fi nd an example of perseverance in a rather mediocre marketer of restaurant equipment. His name is Ray Kroe, who sold his fi rst hamburger when he was 52 years old. His hamburger stands eventually turned into the world’s largest food chain known as McDonald’s.4 breakdown. At 29, he was defeated for Speaker. In other facets of human existence, such as in In the political sphere, we also fi nd towering At 31, he was defeated for Elector. At 34, he was our attempts to grow spiritually, to achieve certain fi gures of astounding perseverance. The value defeated for Congress. At 37, he was elected to educational objectives, to successfully engage of perseverance has been illustrated most Congress, but was again defeated for Congress in problem solving a major dilemma, to help convincingly in the life story of this man: At when he was 39. At 46, he was defeated for the alleviate the plight of the needy, to get a promotion the age of 22 he failed in business. At 23, he ran Senate. When he was 47, he was defeated for we have longed for, to successfully raise a family, for the legislature and was defeated. At 24, he Vice President. When he was 49, he was again and to accomplish certain lofty goals, we can fi nd again failed in business. Elected to the legislature defeated for the Senate. At the age of 51, he was men and women that serve as examples to us at the age of 25, the next year he experienced a elected President of the United States. This man of the power of perseverance. We not only fi nd tremendous loss with the death of his sweetheart. of exemplary perseverance is none other than models of perseverance in people of the stature of At the age of 27, this man suffered a nervous Abraham Lincoln.5 Martin Luther King, Jr., Indira Gandhi, Benjamin January 2008 15
Franklin, Justice Sandra O’Connor, Pope John Paul of integrity. For example, if a person of signifi cant II, Harriet Tubman, and the like, we also sometimes perseverance seeks public offi ce, but his or her fi nd them in a parent, a cousin, a teacher, a co-worker, primary motive for doing that is the desire of a mentor, a person with a terminal illness, and even possessing real or perceived power, or status and in a stranger or a little child. prestige, or simply the desire to be given special Success in one’s pursuits and dreams is many recognition or deference, where is the nobility or times a certainty if one is a faithful disciple of virtue in such perseverance? Such perseverance perseverance. Continuing to do something in spite of is tainted with parsimonious or self-centered the adversities and trying challenges one encounters motivation. If, however, the person’s motivation is at the heart of perseverance. In the article “How for becoming a public servant is the desire to to Develop Perseverance?” C.D. Mohatta maintains engage in uplifting and enhancing the condition that one must believe that success is possible, lest and betterment of others through the use of servant one diminishes the motivation to continue. If we leadership, then that person’s perseverance takes on do not believe and are, therefore, not motivated a sense of nobility and dignity. The perseverance to continue, we may not succeed and that, in turn, becomes an exulted and illustrious undertaking. feeds our belief that success was never a realistic The perseverance is virtuous. expectation. The regrettable thing about this is that While sometimes the journey of perseverance this cycle can then become a habit…a bad habit. entails obstacles, they are obstacles that we can However, if we believe that we will succeed, it is usually overcome. Our ability to withstand the less likely that we will give up trying. “We may storm of those obstacles is directly connected to encounter great diffi culties or even defeats, but our ability to succeed. Booker T. Washington, the because we believe, we’ll ultimately succeed. Even prominent educator, captured this sentiment all too with failures we just change our tactics or adjust well when he stated: “Success is measured not so our goals a little and continue to try. Because we much by the position that one has reached in life keep trying and adjusting we greatly improve our as by the obstacles that one has overcome while chances of success. This is the essence of self- trying to succeed.”9 At the core of this process fulfi lling prophesy.”6 towards success, perseverance stands triumphant. How do we foster perseverance? This is an Whether people are average or above average important question for ultimately, while we might in their abilities, perseverance can serve as an possess a formidable array of qualities that can equalizer. “People of mediocre ability sometimes help us succeed, unless perseverance is part of the achieve outstanding success because they don’t Name: equation, we risk not succeeding. For starters, we know when to quit. Most men succeed because Thomas A. Spieczny must be mindful of our human propensity to give they are determined to.”10 Regardless of a person’s Court: up early on. When beginning some undertaking, aptitude or ability, it is perseverance that ultimately County Court at Law No. Mohatta advises that you “…make a promise to helps the person cross the fi nish line. Perseverance Seven yourself that you will try for a specifi c period of provides us the comfort of guaranteed success. Years on the Bench: time and won’t quit before that time is up. Make the Great Britain’s celebrated prime minister of the 2+ interval of time short if you need to, but no matter WWII era confirms this with confidence and Education: what, keep your promise and do not quit before assurance: “Sure I am of this, that you have only Princeton, 1968; Vanderbilt the allotted time. When the deadline arrives, you to endure to conquer. You have only to persevere Law School, 1971 can then decide if your strategy is working and to save yourselves.”11 To succeed or not succeed Docket type: you should continue in the same manner, or if you will, therefore, depend on whether one perseveres Civil & Criminal need to make adjustments in your strategy. Allow or does not persevere. That is the bottom line Misdemeanor yourself to abandon one strategy in favor of another Court Coordinator: after you’ve given it a fair trial, but never quit on Annette Bixler your goals. Only change your strategies.7 1 Dooley, Ken (Ed.). “Failures…but Not Quite.” Good Pet Peeve: “Few things are impossible to diligence and Stuff. Progressive Business Publications, 2001. Arrogant people skill. Great works are performed not by strength, 2 Ibid. Favorite place to go on but perseverance.”8 Notwithstanding, let us be 3 Ibid. vacation: 4 Ibid. mindful that perseverance must be balanced with Italy 5 Bits & Pieces, Vol. M, No. 9, The Economic Press, Last book I read: the proper motivation in order for the perseverance Inc., 1995. to be noble and virtuous. That is, if a man perseveres “The Kite Runner” 6 C.D. Mohatta, “How to Develop Perseverance? Last movie I saw: in his determination to bring about adversity or ”www.isnare.com injury to others, how can such perseverance rise 7 Ibid. “American Gangster” to the level of being noble and virtuous? That 8 Quote from Samuel Johnson (1707-1784). If I wasn’t a judge, I would is, a person’s motive for persevering in doing or 9 Quote from Booker T. Washingston (1856-1915). be a: pursuing something is a critical component in the 10 Quote from George Allen. Baseball scout composition of that person’s character and sense 11Quote from Winston Churchill (1874-1965). January 2008 16 Hasta La VISTA, Baby
BY DAVID J. FERRELL [email protected]
any lawyers are wondering if they should upgrade to Microsoft VISTA and corporate MAmerica is going through the same quandary. I have personally upgraded my “VISTA Ready” tablet PC to VISTA Ultimate and I have purchased a new Quad server with VISTA Home Premium pre-installed. VISTA has many great features but I wish I had kept XP on my tablet. There will be compatibility problems with some of your software and hardware, some can be fi xed some cannot, but who has the time, money and energy to go down that road. I just purchased two Dell Vostro 1000 notebook computers and I was “allowed” to have Windows XP installed as the operating system, that was my choice. However, many new computers have VISTA installed and you have no choice as to VISTA, but you must choose the version of VISTA. I would suggest that you NEVER purchase a computer with VISTA Home Basic, at least get Home Premium, the additional dollars are worth it. Any version of VISTA requires a lot of computing horsepower (hardware). VISTA comes in 32 or 64 bit versions, if you decide to upgrade make sure you know the difference. If history repeats itself, unless something drastic happens, If history repeats itself, unless something drastic happens, some day most of us will have to some day most of us will have to have VISTA on our computers. have VISTA on our computers. Microsoft could stop supporting Windows XP and tech support Microsoft could stop supporting Windows XP and tech support could go down that not unfamiliar retirement could go down that not unfamiliar retirement path. So, what is path. So, what is Windows Computing America doing? I don’t believe there will be a huge shift Windows Computing America doing? to Apple, Unix and/or Linux but I know there is no stampede to VISTA. This is because VISTA is essentially an incremental upgrade in user Microsoft’s new measures against unlicensed way) is that if it isn’t broke, don’t fi x it. Most interface, with high power security features, software represent a further deterrent to a VISTA of my computers and all of my staff computers and enhanced network performance. Most of upgrade. This affects legitimate customers, not do not have VISTA installed. Microsoft needs us, who are using Windows XP, have already just those using the product illegally. Activation to make some major revisions before I upgrade addressed these items with third-party vendors is mandatory for all copies of VISTA, even those to VISTA on all my computers, but then and homemade solutions. Few law firms under volume licensing agreements. Machines Microsoft will have to revise the revisions, can justify the upgrades in hardware, server can either activate directly to Microsoft or go etc., etc., etc. infrastructure, and application software that through a locally installed Key Management VISTA is an “OPERATING SYSTEM” VISTA requires. And the greatest drawback Service. The KMS means that users don’t need it should be the solution not the problem. is RETRAINING THE STAFF who has still to juggle individual activation keys for each Sometimes bells and whistles eclipse the basic not mastered Windows XP but has become workstation or risk exposing a volume key, but function(s) of a program making the program comfortable with it. In other words is our staff it adds infrastructure complexity. less useable for those who do not want the stress “VISTA Ready”? One thing I’ve learned (sometimes the hard of unnecessary and expensive “add ons”. January 2008 17
EL PASO’S LEGAL HISTORY REVEALED The River Wild river. In the authorizing legislation, BY JAMES M. SPEER, JR the Rio Grande Reclamation Act of [email protected] 1905, the stated goal was to store The City of El Paso exists the Rio Grande fl ood waters and because of the Rio Grande (“big” then supply New Mexico and Texas or “wide”, not “grand” or “long”, with the stored water for irrigation. river). From its source in the House Report No. 3990 declares: mountains of western Colorado (at “A dam will be constructed more than 12,000 feet in elevation) at the mouth of a canyon in New to the Gulf of Mexico, the river’s Mexico which will store a very length is about 1,885 miles. About large amount of water, with the 1,240 miles of the river is the additional advantage that it will fl ood border between the United States practically no land of any value. As and the Republic of Mexico. This an additional advantage it will be article is intended to present initial possible to irrigate 185,000 acres remarks about the legal history of of land that is now of small or little the river in the El Paso area. value. As an additional advantage it will be possible to irrigate the land he Texas Water Code in Mexico formerly receiving water provides that water from the Rio Grande, and it will transported through settle claims that have long been any navigable stream pending upon an equitable basis...” within Texas is the propertyT of Texas. Water Code, and §11.021(b). You may say that such law is irrelevant to El Paso, “Your committee regard this bill since no steamboats, motorboats, as of very large importance and or canoes navigate the reach of the trust that it may speedily become Rio Grande at El Paso. But you a law. It will dispose of questions would be confusing “navigable in that have been embarrassing the fact” with “navigable by statute”. Government for 20 years and satisfy In Texas, by statute, a “navigable the demands of the people both of stream” is a stream which retains an Texas and New Mexico.” See Legal average width of thirty feet. Natural and Institutional Framework for Rio Resources Code, §21.001(3). Grande Project Water Supply and Therefore, the Rio Grande is legally Use...a legal hydrograph, Bureau a navigable stream. However, the of Reclamation, 1995. Rio Grande (known in Mexico as The plan was to capture the early the Rio Bravo, or wild river), prior the United States and Mexico, provided that the snowmelt at Elephant Butte Dam in to construction of Elephant Butte Dam, was new international boundary was to be “the Rio order to regulate the fl ow and release the stored normally dry every year after the late Spring Grande...following the deepest channel...to the water over a seven month period (instead of two fl ood fl ows from snowmelt in Colorado had point where it strikes the southern boundary and a half months), enabling crops such as cotton, subsided. The fl ood fl ow was typically so heavy of New Mexico”. When the river became corn, chile, and pecans to be grown. Project it would build up when it reached the “narrows”, an international boundary, El Paso del Norte construction reached the point by 1917 that Project near the present day Asarco plant and once below became a border town. W.H. Timmons in EL operations could commence. Ultimately, drains the mouth of the gorge, diffuse broadly and slow PASO A Borderlands History. to return water salted up by surface application down, resulting in the riverbed’s shifting, almost Throughout recorded history there were many to the riverbed were constructed between 1928 annually, ultimately causing Ysleta, Socorro, small dams constructed (and washed away) and and 1932. and San Elizario to be on the American side large dams and plans for even larger dams. It was Probably the best legal and historical account of the river instead of the Mexican side. The from the small dams that fi rst the Indians and then of the Rio Grande in the El Paso area appears Treaty of Guadalupe Hidalgo, signed February the Spanish could direct water into acequias, or in the landmark opinion of Federal District 2, 1848, which offi cially ended the war between canals, for irrigation when there was water in the Judge Dooley, in 1955, in El Paso County Water January 2008 18
Improvement District No. 1, et al., with the United 3219 in the 327th District Court. The judgment States of America v. City of El Paso, 133 F. Supp. The Rio Grande is not only affi rmed the Final Determination by the TCEQ, 894, in which the following appears: a river of song and story, but which recognized only the following claims: “The Rio Grande is not only a river of song 1. Ownership by the District and the United and story, but also a symbol of the Spanish also a symbol of the Spanish States of the right to divert and the District use heritage in what is now the American Southwest. 376,000 acre feet of water per year from the Rio It is the second longest river in the United States heritage in what is now the Grande, to divert and use up to 234,022 acre feet and is the only river of this country having long American Southwest. It is the per year of “effl uent” and 1,899 acre feet per segments fi rst wholly within this nation and annum from tributary infl ows, for municipal, next forming an international boundary. The second longest river in the industrial, mining, or recreational purposes physical aspects of the river, as it stretches and/or irrigation of a maximum of 69,010 acres through hundreds of miles of arid territory, make United States and is the only of land within the District’s boundaries and/or an environment quite unlike the rivers of humid river of this country having long to sell any of such water for use in El Paso and climes and verdant lands such as England or Hudspeth counties. the eastern seaboard of this country, where the segments fi rst wholly within 2.Ownership by Jobe Concrete, Inc. of the doctrine of riparian water rights is dominant. right to divert 178 acre feet of water per annum The full strength common law riparian rule in this nation and next forming an for industrial purposes from the fl ows of an a nutshell is, ‘the river runs, let it run on and international boundary. unnamed tributary of the Rio Grande. on’. The Rio Grande was not made for such a 3.Ownership by the City of El Paso of the riparian law world. It has never been dependably right to divert and use not to exceed 11,000 navigable in fact on any general scale within acre feet of water per year of the unappropriated the span of history, except to a limited extent and Texas entered into the Rio Grande Compact, storm, flood, and return waters of the Rio in the lower reaches of the river. Obviously, by in which the United States joined. The Compact Grande for domestic and municipal purposes, the order of nature, it was destined for use in defi nes the obligation of Colorado to deliver in accordance with a contract dated August 10, irrigation of the valleys along its banks and it has water at the Colorado-New Mexico state line and 1949 between the City and the District, and the been such a life line for hundreds of years. The the obligation of New Mexico to deliver water determination of the quantity of water available Indians fi rst and the Spaniards next began such into the Elephant Butte Reservoir at San Marcial, to the City each year shall be made by the United use of the river. The acequias of the Spaniards New Mexico, (which is 125 miles above the States, Secretary of the Interior. go back to the 17th century. The community of point where the river leaves New Mexico and 4.Ownership by Indian Cliffs Ranch, Inc. of Ysleta, a few miles south of El Paso, is among becomes the international boundary between the the right to impound without diversion 52 acre the oldest settlements of the kind.” United States and Mexico). Largely because of feet of water for recreational purposes on the Burges, Scott, Rasberry & Hulse, Edwards, the Compact, Judge Dooley held that the City San Felipe Arroyo. Belk, Hunter & Kerr, for the plaintiff District, of El Paso was not entitled to appropriate water 5.Ownership by the Hudspeth County Holvey Williams, for the United States, and already appropriated for use of the District. Conservation and Reclamation District No. 1 Hardie, Grambling, Simms & Feuille, Hans That holding was affi rmed by the Fifth Circuit and the United States of the right to divert from Brockmoller, and Guinn & Guinn for the City of Court of Appeals in its 1957 Opinion at 243 the Rio Grande not in excess of 27,000 acre feet El Paso, were among the stellar El Paso attorneys F. 2d 927, although reformed as to a bridge per annum and to use a maximum of 151,892 in that case. contract issue. The Compact does not, on its acre feet of water available at the terminus of The Reclamation Act was approved June face, allocate or apportion Project water among Project drains and canals under a “Warren Act 17, 1902, and in 1905 Congress authorized the Project benefi ciaries below San Marcial. Contract” (in other words, return fl ow out of the Rio Grande Project. In 1906, the Reclamation Both New Mexico and Texas require El Paso District). Service and the Department of the Interior adjudications of water rights claims within the The judgment does not address ground water, fi led a written claim with the Territory of New state. In New Mexico, an adjudication addresses since to date the only regulation by Texas of Mexico to appropriate 730,000 acre feet of both surface and ground water claims, and is ground water is by underground water districts. water per year at the later site of the Elephant done through an action in a state district court. Only the City of El Paso and the Lower Butte Dam, damned to serve the Rio Grande In Las Cruces, there is presently pending a long Valley Water District, in El Paso County, have Project. In 1906, by a treaty, or “Convention”, running adjudication action in which the claims contracts with the District and the United States between the United States of Mexico, following of thousands of claimants will be considered. to acquire assignments of rights to receive and “some desultory correspondence” over mutual Under the Texas Water Rights Adjudication use Project water for municipal purposes, made grievances about the diversion and use of Rio Act, which combines an initial administrative pursuant to 43 USC §521, which is necessary in Grande waters in the vicinity of El Paso and action with a mandatory appeal to and a fi nal order to use Project water for any purpose other Juarez, the United States agreed to supply 60,000 judgment by a state district court, has proven to than that for which the Project was authorized, acre feet of water annually (in years when there be much more expedient. Adjudications of all which is irrigation. is no “extraordinary drought”) to the Acequia of the other stream systems in Texas having been We will further address the original title Madre in Juarez. The planning of the Rio earlier completed, adjudication of the reach of suggested for this article, “Water Wars on the Rio Grande Project and the settlement of differences the Rio Grande from Ft. Quitman, Texas to the Grande”, in a subsequent issue, although there with Mexico went hand in hand. New Mexico line has fi nally been completed are at least three pending major cases (which, of In 1938, the states of Colorado, New Mexico, and a fi nal judgment entered in Cause No. 2006- course, will inhibit comment!). January 2008 19
EL PASO’S LEGAL HISTORY REVEALED IBRARY L UBLIC P ASO P L E OF
COURTESY
ICTURE P A Shooting At Bargman’s Clothing Company
BY CLINTON CROSS
n 1970 former El Paso Deputy District however, it was not clear whether Felipe or boy who was going from a bar to his room Clerk E.M. Montes recounted the someone else fi red the shot. across the street. shooting that took place in 1905 in When police offi cers Porra and Carbajal Offi cer Alvarez took a position on the top front of the Bargman Shirt and Overall arrived on the scene, they began shooting at of a building. Seeing someone leave a room at company to Wyndham K. White. This Felipe from a handball court on 7th street, the back of one of the bars in the neighborhood isI what he said: near the Mesa street intersection. Thereafter, and, thinking it was Felipe, he fi red at the person. Felipe, who lived in a room in back of El offi cers Waldridge and Alvarez arrived and Unfortunately, the person he shot at turned out to Popular Bar, killed his wife. joined the effort to bring down Felipe. be an innocent woman bystander. Coming upon the scene on his grey horse, During the shootout, Felipe failed to hit any With only one bullet left in his gun, Felipe police offi cer George Herald attempted to of the police offi cers. However, in the cross fi re, ended the carnage by shooting and killing arrest Felipe. The offi cer was shot in the leg; he shot and killed a young African-American himself. January 2008 20
ADDICTION Illustration by Mary A. Cross January 2008 21
The Bar Association needs your fi nancial sup- port to restore the Lady Justice statue, which adorned the 1886 Courthouse and return her to the courthouse. Lady Justice atop the 1886 courthouse Removed from STEVEN C. JAMES her place of honor in 1917, the fi rst piece of pub- lic art in El Paso County, now stands at Ascarate Park. ESOLVING ISPUTES HROUGH R D T The El Paso County Commision- MEDIATION OR ARBITRATION ers Court has unanimously ap- proved the request of the Bar Board Certifi ed in both Civil Trial Law and Association to restore the Consumer and Commercial Law by the Texas Board Lady Justice Statue and re- of Legal Specialization turn her to the Courthouse at 521 Texas Ave.El Paso, Texas 79901 (915) 543-3234 no Public expense. (915) 543-3237 – Fax [email protected]
Your donation to this project is tax deductible. Please make your contribution to the:
LAW FIRM MERCHANT ACCOUNTS Return Lady Justice Project A New Member Benefi t from the El Paso Bar Association! c/o El Paso Bar Association 500 East San Antonio Ave., St. L110 If you have any questions please contact the El Paso, Texas 79901 Bar Association offi ce at 532-7052Call or512-366-6974 via email at [email protected] more information.
Consumer EL PASO COUNTY DISPUTE Bankruptcy RESOLUTION CENTER MEDIATION: 1123 E. Rio Grande Avenue Federal, District, County Court-Ordered or WATSON & MAYNEZ El Paso, Texas 79902 Attorney-Referral Cases, Civil, Family and Probate BANKRUPTCY LAW To schedule daytime or weekday at 6:00 p.m. contact: www.bankruptcy4elpaso.com A new El Paso partnership looking to Gloria @ 546-8189 or Patricia @ 533-4800 x 133 focus exclusively in the area of consumer bankruptcy. Any referrals are No fee for Civil or Probate cases appreciated. Please call with any Not Certified by the Texas questions you may have about debt relief Board of Legal Family Case fee: $100.00 per spouse for your clients. Specialization
January 2008 22
ASSOCIATION NEWS I Immigration Section I SAVE THE DATE: Friday, January 25, 2008. All day Immigration Training Seminar by the El Paso Bar Association Immigration Section. For more information contact Danny Razo at 881-7177 or [email protected]
OFFICE SPACE FOR LEASE
This site has a 2-story corner building with MEXICAN approximately 2000 square feet of offi ce space LAW EXPERT with an upstairs library/offi ce space. Ready to move in. It includes landscaping and a con- crete slab for parking on the side of the offi ce. For U.S. lawsuits involving The property is located in the central sector Mexican law issues of the City of El Paso, which encompasses Mexican claims and defenses, the El Paso Central Business District. The area’sgeographic boundaries are: personal injury, moral dam- ages, forum non conveniens The Franklin Mountains Rio Grande to the south El Paso Airport and Trowbridge Drive to the east; Texas attorney and former and Sunset Heights Historic District to the west. law professor Co-author of leading treatise Public services in the area include the main post offi ce, the main library, the El Paso in fi eld Museum of Art and Thomason Hospital. Over 10 years of expert Interstate 10 provides access to the area by means of three interchanges located experience within the area boundries.
David Lopez Owner/Agent (210) 222-9494 915/491-8000 [email protected] 915/474-8328
CLASSIFIEDS Offi ce Space for Lease: Attorney’s Row Area, 1214 Montana Ave., offi ce space for lease. Come by and look. Call 351-0703.
CLASSIFIEDS
Lease with Option to Buy: 2601 Montana Offi ce Building, 5 YEAR LEASE WITH OPTION TO BUY, No qualifying-no down-Owner Finance, Come see it after your invite for Lunch at Cappetto’s. Call 915/562-1140 or [email protected]
January 2008 23
EL PASO BAR ASSOCIATION presents 12th Annual Civil Trial Seminar February 15 & 16, 2008 Paris Hotel & Casino, Las Vegas, NV Approved for 10.25 hours of MCLE/1.5 hours of Ethics by SBOT Pending Approval by the State Bar of Nevada JUDGE ROBERT ANCHONDO, MODERATOR BRUCE KOEHLER, COURSE DIRECTOR
Friday, February 15, 2008 3:50 – 4:40 p.m. New Causes of Action – Professor Richard 10:00 – 10:05 a.m. Introduction – The Honorable Robert Alderman,University of Houston Law Center Anchondo, President El Paso Bar Association 4:40 – 5:30 p.m. Legislative Update – State Senator Eliot 10:05 – 10:15 a.m. Welcome – The Honorable Oscar Goodman, Shapleigh, El Paso Mayor of the City of Las Vegas 10:15 – 11:00 a.m. Employment Law Issues – Ann C. McGinley, Saturday, February 16, 2008 Professor of Law, William S. Boyd School of 7:30 – 8:30 a.m. Breakfast Law, University of Nevada, Las Vegas, Nevada 8:30 – 9:05 a.m Appellate Issues – John P. Mobbs, Attorney at 11:00 – 11:40 a.m. Arbitration Agreements – Milton Colia, Law Kemp Smith, LLP. El Paso, Texas 9:05 – 9:45 a.m. Consumer Law Update – Steven C. James, 11:40 – 12:30 p.m. Medical Malpractice Update – Walter Attorney at Law Boyaki, Miranda & Boyaki, El Paso, Texas 9:45 – 10:25 a.m. Immigration Law Issues – Kathleen Walker, 12:30 – 1:30 p.m. Lunch on your own Kemp Smith, LLP & President, AILA 1:30 – 2:00 p.m. Trial Technology – David J. Ferrell, 10:25 – 10:40 a.m. Morning Break David J. Ferrell, PLLC, and Roger Miller, 10:40 – 11:00 a.m. A Portrait of the Next Generation Lawyer – Keith & Miller Court Reporters /Altep, Inc. The Honorable Richard Barajas (ret) 2:00 – 2:30 p.m. Using and Striking Expert Witnesses – 11:00 – 11:45 a.m. Texas Supreme Court Update – David Jeans, Joseph Hood, Jr. Windle, Hood, Alley, Ray, Valdez, McChristian & Jeans, P.C. Norton, Brittain & Jay, LLP 11:45 – 12:30 p.m. Investigation of Trucking Accidents – 2:30 – 3:10 p.m. Jury Selection: A View from the Bench – Carl H. Green, Mounce, Green, Myers, Safi , The Honorable James C. Mahan, United Paxson & Galatzan, P.C. States District Judge, Las Vegas 12:30 – 1:00 p.m. Ethics and the Trial Lawyer – 3:10 – 3:20 p.m. Afternoon Break The Honorable Enrique Pena, (ret) 3:20 – 3:50 p.m. Cross-Border Issues – Adriana Cruz, Reyes, Estrada & Fernandez, COURSE MATERIALS PROVIDED TO ALL ATTENDEES S.C., Cd. Juarez
If you are interested in playing Our block of rooms will be available beginning on February 14th, so celebrate Valentine’s Day and in a golf tournament on Febru- then come to the seminar. Make your reservations by calling (888)266-5687 and giving them our ary 14, 2008, please let us know room reservation code – SPEPB8 or tell them you are with the El Paso Bar Association Group. Our as we are working with a Las room rate is $199 plus tax per night with a 2-night minimum. Check Southwest, U.S. Air/America Vegas Attorney to set it up. West for airfares to Las Vegas.
REGISTRATION FORM Name: Address: COST: City & State: $275.00 Members of EPBA Telephone/Fax: Email: $300.00 Nonmembers If paying by Credit Card: of EPBA Card Number: $200.00 Legal Assistants Type of Card: Expiration Date: Make Checks Payable to: El Paso Bar Association Send to: El Paso Bar Association, 500 E. San Antonio, Room L-115, El Paso, Texas 79901. Contact our offi ce at (915) 532-7052 or at [email protected]
January 2008 El Paso Bar Association Join us for a Weekend of Fun & Education 12TH ANNUAL CIVIL T RIAL SEMINAR February 15 & 16, 2008 Paris Hotel and Casino. Las Vegas, Nevada
Speakers will include Mayor Oscar Goodman who will be our Welcome Speaker on Friday, February 15, 2008.
If you are interesting in playing in a golf tournament of February 14, 2008, please let us know as we are work- ing with a Las Vegas attorney to set up a tournament.
Our block of rooms will be available beginning on February 14th so, celebrate Valentine’s Day and then come to the seminar.
Make your reservations by calling 1/888/266-5687 and giving them our room reservation code - SPEPB8 or tell them you are with the El Paso Bar Association group.
The room rate is $199 plus tax per night. If you check online at Southwest Airlines and USAir/America West you will fi nd some good airfares to Las Vegas.
EL PASO BAR ASSOCIATION PRESORTED 500 E.San Antonio L-115 STANDARD El Paso, Texas 79901 U. S. POSTAGE (915) 532-7052 PAID (Address Service Requested) EL PASO, TEXAS PERMIT NO. 2516
January 2008