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12-1964 News, volume 12, issue 3 St. Mary's University School of Law

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INSIDE: Alumni News President 9s Letter Obscenity and the Court

' .... Barrister News EDITOR'S DESK

"A Professional Legal Publication" Edited and Published bl' the The new format of the BARRISTER NEWS Student Bar Association, St. Mary's University Schoo~ of Law was met with all but unanimous acceptance and praise- not the case, however, with the content. Corrective and sincere criticism l'an the gantlet Affiliated with American Law Student Association from suggesting the editor return to school for re­ tarded grammarians to suggestions our proof read­

VOL. XII DECEMBER, 1964 NUMBER 3 ers test their eye-sight. Why, cried some fraternity men, were we so inequitably treated? You have no business treating Student Bar politics, tiraded some. Public relations?! gasped a few. The sources of out­ Editor in Chief cry were as varied as the epithets. In short, such a Don E. Wittig stir greeted the new production that had the Dallas Morning News supported Senator Ralph Yarborough Associate Editors there could not have been more commotion. Eugene Labay Jim Lytton There are many ways to greet these rumblings. Our reception is one of welcome! For all the emo­ Business Manager tions and intelligence moved, there must have been Terry Topham a stimulus.

Layout Ourselves fired by the sparks of interest shown in the last edition, the staff has responded to the Mark Sideman demands of excellence n1ade by our varied critics. Executive Secretary Our hope is that this edition does not meet the dreary fate of "no comment". If there is no dis­ Elaine Schultz paragement cast, then we have no where hit a mark.

Editorial Staff THE EDITOR

Lou Cappadona M~ke Simmang Dan Rutherford Gale Castillo IN THIS ISSUE Frank Herrera Fred Granberry Marion Carson Nelson Wolff John Carroll 0 bsceni ty, Freedom of Speech and the Supreme Court by Lou Cappadona 3 The Barrister News is published four (4) times each year by the Student Bar Association , St. Mary's University School Fraternity News of law, San Antonio, Texas. Address all correspondence, subscriptions, or changes of address to Barrister News, Edi ­ Delta Theta Phi torial and Executive Office, 112 College Street, San Antonio, Phi Delta Phi ______------5 Texas. Entered as Second-Class matter at San Antonio, Texas, under Permit 787. Reproduction in any manner, in whole or ALSA Report ____ _ ------6 in part, in English or other languages, is expressly prohib ited without written permission from the Barrister News, St. Mary's Red Mass and ______7 School of law, San Antonio, Texas. Faculty Corner and Interview ------9 OUR COVER: The highly coveted of Awards and Honors ______11 degree is granted to the Lady of the Hour, Mrs. Elena Kenedy. The solemn occasion was the Scholarship Awards, Delta Alpha Twelfth Annual Red Mass. Complete stories are on Delta and Barrister Notes -- ______13 page seven. Pictured to the right of Doctor Ken­ edy is University President, Father Blume; to the Alumni News _ 14 lady's left is Dean Ernest Raba. Student Bar Association 15 2 Lou Cappadona is a native of Jersey City N.J. and he received his B.S. degree from St. Peters Col­ lege in 1961. He was a member of the Aquinas Economics Council, the National Military Honor Society of Scabbard and Blade and a varsity let­ terman on the soccer team. Upon graduation he was awarded scholarships by St. Mary's Law School, Notre Dame Law School and St. John's Law School. He was also designated a Distinguished Military Gradluate and received a Regular Commission as a Second Lieutenant in the Infantry, U.S. Army. After completing the Infantry and Airborne Courses at Ft. Benning, Ga., he was assigned to the 25th. Infantry Division in Schofield Barracks, Hawaii. He was subsequently selected by the Judge Advo­ cate General, U.S. Army to participate in the "Ex­ cess Leave Program" in order to obtain his law de­ gree and become a member of the Army's I~ egal corps. He chose St. Mary's to pursue his legal edu­ cation and entered the Law School in January, 1963. He is a member of Phi Delta Phi Legal Fraternity and the St. Thomas More Club. Last year he was at the Fourth Army Staff Judge Office, Sergeant-at-Arms of the Barristers Club and is also Ft. Sam Houston. a staff member of the Barrister News. When He is married to the former Patricia Ellis of school is not in session, Lou dons the uniform of Tyler, Texas. They have one daughter, Catherine a First Lieutenant and receives on-the-job training Margaret, who is 10 months old. OBSCENITY, FREEDOM OF SPEECH AND THE SUPREME COURT by LOU CAPPADONA One of the more controversial subjects facing indeed the problem does boil down to what extent the Supreme Court is the censorship and control of the "Freedom of Speech" clause in the Constitution literature which is alleged to be obscene. On first will protect the free expression of ideas, but still impression this matter may appear non-complex and recognize the right of society to protect itself from the remedy rather simple. The classic players in this any obscenity that might threaten it. Mr. Justice drama are the innocent youth of America who are Harlan wrote, "It seems to me clear that it is not being exposed to the filth and immorality freely irrational, in our present state of knowledge, to con­ exhibited and sold at the corner newsstand. The mer­ sider that pornography can induce a type of sexual cenary vendor is perfectly willing to corrupt them in conduct which a State may deem obnoxious to the exchange for a few pennies. All the efforts by the moral fibre of society ... . Furthermore, even assum­ decent citizenry to wipe out these vermin are com­ ing that pornography cannot be deemed to cause, pletely stymied however, by "those men on The in an immediate sense, criminal sexual conduct ... Court" who are more concerned with something The State can reasonably draw the inference that called "the right of free speech". over a long period of time the indiscriminate dis­ There is, of course, another side to this touch­ semination of such materials will have an eroding ing vignette. Here the tragic hero is the budding effect on moral conduct." ROTH V U.S., 354 U.S. young genius who has captured the stark truth of 476 (1957). life in all its naked reality and has compiled it into In 1962 Professor Carlos Cadena of this law a magnificent volume. The artists, the enlightened, school, wrote an article entitled "Constitutional the critics and the sophisticates all acclain1 it as a Problems in the Control of Obscene Literature." literary achievement of the highest order. But alas, This article appeared in the Spring 1962 issue of we have, lurking in the wings, those narrow-minded, the Barrister News. The predominant case that Pro­ bigoted, little busybodies. Lacking any perception fessor Cadena treated was ROTH V U.S., 354 U.S. and understanding of truly great literature, they 476 (1957) hereafter referred to simply as ROTH. ignorantly declare our masterpiece to be nothing While not formulating any exact and applicable but obscene trash. ru!es .of law, ROTH did espouse a number of general While the precedino· satire is meant to empha­ pnnc1ples. It reaffirmed the rule that "obscenity is size the situation and perhaps overstate the prob­ not within the area of constitutionally protected free lem, it nevertheless is pertinent to this study. For (Continued on Next Page) 3 OBSCENITY, Cont. workin

0

DELTA THETA PHI PHI DELTA PHI

With the pride of professional men, twenty-one Phi Delta Phi extends heartiest congratula­ raised their hands in solemn oath of initiation into tions to those rushees who had earned sufficient Bickett Senate of DELTA THETA PHI. The scene acaden1ic distinction to become eligible for mem­ was the Bexar County Courthouse, in a hushed bership. Also congratulated are those pledges who courtroom with candles flickering their ritualistic have made us their final choice, for in so doing duty. In a sense of expectation, the final list of ini­ they have aligned themselves with a fraternity in tiates was read: Jim Bass, Pat Burke, Gale Castillo, which they may be truly proud. In keeping with Mike Delhomme, Dave Finger_ Tommy Franklin, tradition, these men shall be initiated in a forntal Marshall Groce, Peter Herff, Mike Hunter, Ben ceremony at the Fourth Court of Civil Appeals on Martinez, Mark Nichols, Abe Ribak, Don Saunde:ts, Monday afternoon, December 7. On this occasion, Mark Sideman, Mike Simmang, Cam Smith, Jack members of the judiciary as well as members of the Taylor, Brice Tondre, Happy Veltman, Fred Weller, law school faculty, will be presiding on the bench and John Woods. Not only was DELTA THETA over the new members. This will be followed by a PHI pleased to welcome so large a ~roup but also we cocktail party and supper at the Bavarian Inn for were proud of the excellent caliber individuals at­ the Phi Delta Phi Alumni, members and pledges. tracted to join Bickett Senate. Toda,v the Senate enjoys the spirit and strength of these new 1nembers. The new members were honored at a luncheon the Tuesday following their Saturday initiation. Judge Joe Frazier Brown, President of the San An­ tonio Bar and a DELTA THET, spoke to fraternity members, their wives and friends, on the topic of organized bar activities. Members of the faculty, PHI DELTA PHI, and the Student Bar also at­ tended. Elections were held in fraternal conclave Fri­ day, December 4th but the officers-elect will not be presented until the Student Bar Christmas Dance on Saturday, December 12th. The new officers vvill as­ sume their duties February 1, 1965.

Two student bar officers and proud members of Phi Delta Phi are Thad Hartfield and Nelson Wolff. Thad backs up President Nelson in the Vice-Presidential spot. Phi Delta Phi also welcomes two new mem­ bers who have transferred to Tarlton Inn from the University of Arizona Law School-Bob Wil­ meth and Chuck Hyder. Congratulations are due to Nelson Wolff, Thad Heartfield, and Fred Granberry, three brothers of Phi Delta Phi, who were recently elected president, vice president and secretary of the Student Bar Association. Nelson and Thad are working together with their councilmen to make the SBA a Fraternity officers of DELTA THETA PHI follow the more effective organization and from all early indi­ ritual of initiation ce remonies. Lef t to right are "JC " cations are doing so. With conscientious support Wright, Tribune, Don Wittig, Dean, and "RB " Eyhorn, from the student body these offices can promote, Vice Dean. The setti ng fo r the ceremonies was a state plan and execute more worthwhile activities for the courtroom . Law School students. (Continued on Next Page) (Continued on Next Page) 5 DELTA THETA PHI, Cont. PHI DELTA, Cont. The National Chancellor of DELTA THETA Terry Topham, Phi Delta's Magister, works as PHI JudO'e Tom Lee, visited briefly at the Lake business manager of the BARRISTER'S NEWS, McQueeny summer home of Houston attorney and while Brother Eugene Labay takes on the dual ~ole brother Jim Brady during October. Officers of the of contributor and Associate Editor. Gene's article Bickett Senate, the San Antonio Alumni Senate, and in the last issue of NEWS, the "Right to Counsel" District Officers attended the reception. Chancellor was highly lauded. Other brothers on the staff Lee told of the national expansion of DELTA are Fred Granberry, Tom O'Connell and John Car­ THETA PHI the new senates being organized, and rol. Lou Cappadona is to be spotlighted for his article in O'eneral the new highs of prominence enjoyed by on the court questions of obscenity appearing in this theo fraternity. The Chancellor attributes the fact issue. Lou maintains that a thorough reading of that the fraternity has the largest living member­ his article may provide a sound defense for an abrupt ship of legal fraternities to the active alumni sen­ change in vocabulary during final exams. ates throughout the country. "The alumni program Phi Delta Phi plans to continue the freshn1an is the one feature of DELTA THETA PHI that no "information coffee'' as an annual affair. The re­ other legal fraternity can offer pr ospective mem­ cent coffee was regarded to be a success for all, bers." including seniors, because of the n1utual exchange Congratulations are in order to Joe Rose who of ideas. made the high score from St. Mary's o~ the October bar exam. Joe, who was a member of Bickett Senate, law students with the importance and value of or­ earned an 86 on the bar . The Senate also wishes to ganized bar participation. Secondly, to provid~ a congratulate the School of Law; 100% passed from convenient and effective means for needed services St. Mary's. which are available for the current membership year. 1. The Student Lawyer Journal, The ALSA ALSA Gives The Word official publication, will be sent to Individual Mem­ bers only, five (5) times each year. The column in this issue will be directed pri­ 2. The American Bar Association Jour nal is marily to those law students who are attending ?t. available to all law students for $3.00 a year, but a Mary's Law University for their first year. The In­ yearly subscription rate of only $1.50 has been es­ dividual membership program of A.L.S.A. has sev­ tablished for Individual Members. eral major purposes ; the prime one being to acquaint 3. Direct mailing of ALSA Publications is the keystone of services which the Association will ren­ der to Individual Members: a. ''F ederal Government Job Opportunities for Young Attorney." b. "Your F uture and the Law." COURT BONDS c. "Two Tips on Law School Exams." d. "Business Aspects of the Legal Profession." e. "Law Placement Primer." f. "Practical Answers on the First Year of LA WYERS PROFESSIONAL Law Practice." (Continued on Page 11)

LIABILITY INSURANCE THE REASON WHY

MORE ond MORE ATTORNEYS ARE APPOINTING BEXAR COUNTY NATIONAL PIPER STILES & LADD BANK AS TRUSTEE AND EXECUTOR FOR ESTATES.

Est. 1883

NBC Bldg. CA 5-2727

Wh ~ n on ottorn ~ y oppotnls s ~ xor County Not tonol Bonk OS th ~ ~ · ~ cu to r ond t rus t~~ of o n ~ s ta t ~ . h~ do ~ s so wtth th ~ oHuronc ~ that oil m ott~ r s w .ll b~ 1 ud ·j ~ d 1mpo rtt o lly , t hat th~ bonk w .ll b ~ on th ~ 10b al wa ys - c o n· ltnu•ng to w ork ha nd 1n hand w tth th ~ ~ sto t~ ' s ottorn ~ y on o lllegc l San Antonio molte r s .

THE TRUST DEPARTMENT BEXAR COUNTY NATIONAL BANK S AN AN T ON I O , T EXAS

6 missioner of Kenedy County, President of the Sa­ rita School Board, sponsor of the Boy Scouts jn Kenedy County, and Chairman of the Nueces Coun­ ty Chapter of the American Red Cross. The Legum Doctor degree (LL.D.) was con­ ferred on Mrs. Elena S. Kenedy by the Very Rev. Louis J. Blume, S. M., President of St. Mary's University upon the recommendation of Dean Ernest A. Raba in recognition of her "dedicated service to Texas . . . her womanly qualities, her leadership and business ability ... her cultural at­ tainments, dignity, spiritual goodness and unbound­ ed charity." After the Red Mass a dinner was held in hon­ or of Mrs. Elena S. Kenedy in the Faculty Ban­ quet Room. The Red Mass Dinner Guest List in­ cluded: Associate Justices of the Supreme Court, Judge Norvell, Judge Greenhill, and Judge Culver; Judges Woodley, McDonald, Belcher, and Dice of the Court of Criminal Appeals; Mr. and Mrs. Gus Canales, Mr. and Mrs. Allen Davis, Mr. and Mrs. Carmel Davis, Dr. Genevieve Dougherty, Rev. J. F. Dwan, OMI, Mr. and Mrs. C. A. Eggleton, Mr. and Mrs. Tom Frost, Jr., Mr. and Mrs. B. R. Goldapp, Mrs. Morris Jaffe, Mrs. Elena S. Kenedy (honoree), Judge and Mrs. Lee Lytton, Mr. and Mrs. Ferdie Meyers, Rev. Patrick Murray, Mr. and Mrs. Kenneth Oden, Dr. and Mrs. Rudy Richter, Dr. Katherine Ryan, Mr. and Mrs. Albert Suess, Mr. and Mrs. Edward Suess, Mr. and Mrs. Paul Suess, Mrs. Mae G. Walz, Mr. and Mrs. Henry Guerra, Col. and Mrs. C. E. Cheever, Col. Hodges of 4th Army, Mr. and Mrs. Brooks Martin, Mr. and Mrs. Robert Ritter, Mr. and Mrs. Smiley White, Very Rev. James Young, S.M., Judge and Mrs. Joe F. Brown, Juage and Elena S. Kenedy Mrs. Archie S. Brown. Recipient Of RED MASS The San Antonio Catholic Lawyer's Guild, in co­ operation with the St. Thomas More Club of St. Honorary Degree Mary's School of Law, sponsored the annual Red The Twelfth Annual Red Mass of the Holy Mass on the fifteenth day of October, 1964. Spirit provided an appropriate setting for the con­ Observance of the Red Mass dates back to 1274 ferring of an honorary Doctor of Laws degree and the reign of King Edward I of England. Held upon a eminent and distinguished Texan, Mrs. Elena prior to Michaelmas or the beginning of the Fall S. Kenedy. Mrs. Kenedy is the former Elena Suess, Term of Court, it marks the opening of the parlia­ daughter of Paul Suess and Elena Moore Suess of mentary, judicial and academic years. The Mass be­ Saltillo, Mexico. Elena Suess Kenedy received her came a custom in France and Italy during the thir­ education in Dresden, Germany and Our Lady of teenth century, being first celebrated in the United the Lake College in San Antonio, Texas. On Febru­ States in 192'8 by the Right Reverend Monsignor ary 12, 1912, she became the bride of the late William E. Cashin of St. Andrew's Church in New John G. Kenedy who developed the famed La Parra York City. Ranch east of Sarita, Texas. The Celebrant of the Twelth Annual Red Mass Mrs. Kenedy was the recipient of the Papal was Very Rev. Louis J. Blume, S.M., President of honors of the Lady of the Holy Sepulchre and of the St. Mary's University. He was assisted by Rev. highest papal honor for women, Lady of the Holy Charles Blasen and Rev. George Montague. The Cross. She has also received the Aristotle-Aquinas scholasticate choir, Brothers of Mary, sang the Award, conferred jointly by Incarnate Word Col­ Mass. lege and Our Lady of the Lake College. Foll~wing the Red Mass at Assumption Chapel, On May 31, 1964, Our Lady of the Lake a recephon and social was held on the Faculty College conferred upon Mrs. Kenedy the Doc­ Terrace honoring the Texas Supreme Court, the tor of Laws, honoris causa and made her an af­ Texas Court of Criminal Appeals, and the Fourth filiated member of the Oblates and Franciscans. Mrs. Court of Civil Appeals. Those in attendance included Elena Kenedy is a member of the Board of Di­ the wives and guests of San Antonio lawyers and rectors of the Alice National Bank, County Com- students of St. Mary's Law School. 7 OBSCENITY., Cont. nography? To date there is no prescribed judicial definition. A book by Doctors Eberhard and Kron­ is a finding of "p;1tent offensiveness'' in the publi­ hausen entitled Pornography and the Law suggests cation. Admitting that "In 1nost obscenity cases, to as a possible test "Is the author asking the reader be sure, the tv-vo elements tend to coalesce for that to disregard the plot, to disregard the theme and which is patently offensive will also usually carry merely to keep on turning the pages to look for dirt the requisite prurient interest appeal", the Court for dirt's sake? Or did he intend to awaken in the was, nevertheless, unable to find this usual combina­ reader a desire to pursue the story because of sober­ tion of elements. Instead, it held that photographs ing and provocative thoughts of one nature or an­ of nude male models in suggestive positions which other ... including reflections upon sex and sexual were intended to and did in fact appeal to homo­ relations ?" sexuals was not "patently offensive". It can validly be argued that this test has al­ The n1ost shocking aspect of this case, however, ready has been overruled by MANUAL. For can one is that this suit was originally filed by the Post doubt that the nude pictures were anything but dirt Office. This Department alleged that the magazines for dirt's sake. Indeed, to this writer, it is incon­ w2re non-mailable because 1) they were obscene, ceivable that any future definition of hard core por­ and 2) they contained advertisements giving infor­ nography can encompass anything of real substance. mation as to -vvhe1.·e obscene matter could be obtained. There is not much remaining to call obscene in light As Justice Clnx·k wrote in his lone dissent in MAN­ of what MANUAL has determined to be non­ UAL, the Court by its decision "requires the U.S. obscene. Post Office to be the wo:rld's largest disseminator Perhaps the only real solution lies in the "Var­ of smut and the Gr ~ . nd Informer of the names and iable Obscenity Theory" advanced by Dean Lock­ places where obscene material may be obtained". hart of Minnesota Law School. Essentially it pre­ To this writer it appears that MANUAL has scribes that the impact on the primary audience effectively narrowed ROTH to such a degree as to should be the criterion, rather than the "average render it useless. For the holdings in MANUAL man" standard. Dean Lockhart explains as follows: simply cannot be reconciled wlth any of the proposed "We assume that the unexpurgated edition of Lady tests set out in ROTH. The magazines in MANUAL Chatterly's Lover might be obscene when directed ~dr..1itted ly had no literary vaL:e or redeeming social to an audience of sexually immature persons. Other­ 11..1portance. If they do not appeal to prurient in­ wise, we take it for granted that the book is not terests as that tenn has been defined "a shameful obscene ... For any material directed primarily to or 1norbid interest in nudity, sex, or excretion, which an audience of the sexually immature for the pur­ goes substantially bevond customary limits of can­ pose of feeding their craving of erotic fantasy would dor". then it is questionable whether anything will be considered obscene, whatever its intrinsic nature ever fit that definition. Just ice Clark, dissenting in when directed at a mature adult audience." 45 MANUAL, woefEl1v added that "how one can fail MINN. LAW REVIEW 95 ( 1960). Now under to see the obvious in this record is beyond my com­ such a test it would seem that the Court would have prehension . In t ~1e words of Milton: Oh dark, dark, to find the magazines in MANUAL to be obscene. dark amid the blaze of noon'." Those proponents of MANUAL could assert that William R. Lockhart, Dean of the Minnesota under the ROTH test, the magazines do not appeal Law School, had forecast prior to MANUAL that to the prurient interest of the 'average person', but V1e Court was heading towo.rd a narrowinO' of ROTH rather have the opposite effect. That is, they revolt to "hard co1.·e pornography". There is som~ authority and disgust such "average person" and appeal only that MANUAL has accon1plished this. The question to the "non-average person" who, in this instance, t!'lat imn1ediately arises is what is hard core por- is the homosexual. By reading the strict "letter" of the rule in this manner and avoiding its "spirit", one could validly arrive at a conclusion of non-obscenity. The adop­ tion of Dean Lockhart's standard would eliminate any discussion of these possible interpretations and thereby provide a more effective weapon. While this writer has found no Supreme Court case adopting­ this standard, there is a state court decision uphold­ ing a New York statute that bans the sale of certain books to persons under eighteen years of age even where the books are not legally obscene. PEOPLE V BOOKCASE, Inc., 20 App. Div. 2d 41 (1963). This 24 HO\II' Coffee would seem to indicate at least a recognition by the Sbop New York court of the underlying rationale of "The Drive .Right In Variable Obscenity Theory". T~~Bt ....._qcraa. .. Up to this point the area of investigation has been limited to the rather academic consideration of what obscenity is, definitions thereof, and rules or standards for determining the same. Before leav­ ing this aspect of the study, it is perhaps of some interest that this writer has found no case in which (Continued on Page 10) 8 FACULTY CORNER Judge Barrow was born and raised in Atascosa County and attended the public schools there. He attended Baylor University and was awarded the degree in 1943. He was admitted to the Texas Bar in 1943, and in 1956 was admitted to practice before the Supreme Court of the United States. During World War II, Judge Barrow served as a Naval officer, and was stationed in the Atlantic as well as in the Pacific and saw duty in both thea­ ters. He was assigned to sea duty of varying kinds, and was released from active duty in 1945. Present­ ly, he holds the rank of Commander in the Naval Reserve. Judge Barrow returned to South Texas in 1945, and practiced law here until 1959, when he was appointed District Court Judge of the 45th District. In 1962, he was appointed to the 4th Court of Civil Appeals. He ran unopposed for this position in the last election and now looks forward to at least ANSWER: I believe in the doctrine of stare deci­ six productive years on the appellate bench, and sis. I don't think that the law is or should be static, probably many more. but at the same time if the law is to be equally The Night Division students are fortunate in­ applied and available to all persons, stare decisis deed in that they have, in their Procedure I profes­ has to be followed. While the history of law shows sor, the background of several years on the bench it to be in a transitory state. I don't believe it can combined with a number of years of private prac­ be changed from case to case without seriously dam­ tice. The Honorable Charles W. Barrow is St. Mary's aging our system of government by rule of law. Law School's latest addition to the faculty. If a client comes to you, you must advise him in terms of the law as it exists at the time in ques­ tion. It shouldn't be submitted to an individual judge as to what the equities in a particular law INTERVIEW: suit are. Each case must be decided by the estab­ lished rules of law. QUESTION: What is your attitude regarding the QUESTION: Any advice to your students or election of judges ? young lawyers? ANSWER: Generally, I am reluctant to remove ANSWER: There is no substitute for prepara­ anything from the elective process of the people, tion. A lawyer should know his case and the law but it is obvious to me that appellate judges, at applicable thereto before he files his petition and least, should be selected by a method other than should keep the legal issues in mind through each partisan elections. I feel there must be a change as step of the trial. The rules of civil procedure are Texas moves toward the two party system. Appellate designed to aid the lawyer and when he is thorough­ judges should be removed from partisan politics. ly familiar with them, they will become his ally. If he does not become familiar with them they can QUESTION: As for capital punishment ... become an obstacle which can deter or even defeat ANSWER: Increasingly ineffective because of j ur­ his client's cause of action. ies' reluctance to mete it out and governor's reluc­ QUESTION: How do you believe Procedure tance to allow it to stand. Therefore, I feel that the should be taught? present parole system should be overhauled to allow ANSWER: If you know the reasons for the the juries to give added punishment in a case which rules you can better understand the rules them­ has been recognized in our system as a "death selves. Parts of the course can be handled better penalty" offense. by strict attention to the rules themselves. The contribution I hope to make to my class is this: In my mind. punishment for crime has a two There is nothing difficult about the rules of civil fold purpose. One purpose, of course, is to give the procedure ... if the lawyer or the student will sim­ criminal some training and an opportunity for re­ ply learn them before he gets into difficulty. , but equally, it must serve as a deter­ QUESTION: What reading other then law do rent. Therefore, I would have grave misgivings you like? about abolishing capital punishment. ANSWER: I like to read history in general. QUESTION: Do you have any particular philoso­ There are many lessons to be learned from the study phy of law to which you subscribe? of history. 9 OBSCENITY, Cont. obscene literature presents another aspect of the enforcement problem. A Kansas statute authorizing the Court has actually declared a publication to be the seizure of allegedly obscene books before an ad­ obscene. versary determination of their obscenity is uncon­ The remainder of this article will concern itself stitutional since it does not adequately safeguard with the attempts of the various states to draft and against suppresion of non-obscene material. A enforce obscenity legislation. From the standpoint QUANTITY OF BOOKS ET AL V STATE OF of drafting, one can readily see the inherent prob­ KANSAS, 378 U.S. 205 (1964). When there is pres-· lems in selecting appropriate terminology. Terms sure or threats rather than seizure, the results will such as "prurient interest", "hard core pornog­ be similar. Rhode Island set up an official state body raphy" "redeeming social significance", "commun­ known as "The Commission To Encourage Morality ity standards" can at best be utilized at the drafts­ In Youth". This group dispensed its duties by man's own risk. They may or may not be constitu­ threatening prosecution of book dealers who sold tional as used in any particular statute, and it might books on the Commission's objectionable list. The be prudent to avoid them altogether and simply use Court ruled that this constituted government cen­ the term "obscenity". sorship of the type prohibited by the First Amend­ The Texas obscenity legislation is included in ment since it subjected the distributors to a system the Vernon's Ann. P.C., Article 527, 527a, and 527b. of prior restraints. "For the Commission is not a Article 527, sec. 3, has adopted verbatim the ROTH judicial body and its decisions to list particular books test, i.e., "whether to the average person, applying as objectionable do not follow judicial determina­ contemporary community standards. the dominant tions". BANTAM BOOKS V SULLIVAN 372 U.S. theme of the material taken as a whole appeals to 58 (1963). the prurient interest". It further provides that "the A New Jersey statute that imposed criminal term community standards shall in no case include sanctions for the distributor's failure to remove any a territory or geographic area less than the state of publications specifically so requested by written no­ Texas. tice from the retailer was however, held constitu­ The problem grows more confusing when the tional. HUDSON COUNTY NEWS CO. V SILLS, states attempt to enforce their statutes. A synopsis 378 U.S. 583 (1964). Obviously these retailers had of very recent cases will illustrate this point. The been subjected to some form of threat or pressure, Court has said that there must be some knowledge officially or otherwise. But the Court pointed out of the contents of the book on the part of the seller. that it was immaterial why the vendors desired the This element is referred to as "scientier". SMITH publications removed. Apparently then, the pres­ V CALIFORNIA, 361 U.S. 147 (1959). The court sure and its source must appear in the record and does not require that the defendant actually read cannot be inferred. the book but indicates that the necessary "scientier" (Continued on Page 12) can be inferred from the circumstances. What these circumstances might be was left an open question. Later a New York court held that the "scientier" MEMIEI F.D.I.C. prerequisite to a bookseller's conviction for the sale of obscene paperbacks was established beyond a reasonable doubt by his voluntary admission that he had seen worse books, by the lewd statements and the $5.00 selling price stamped on the cover of each book. FINKLESTEIN V NEW YORK, 11 N.Y. 2d 300 (1962). The Court denied certiorari, 371 U.S. 863 (1962), therefore. perhaps one may assume that this particular fact situation fits the "circum­ Couldn't a team best tackle stances" referred to in SMITH V CALIFORNIA (supra). your estate problems? FINKLESTEIN V N.Y. (supra) also asked the further question of whether the state is required You wouldn't want just anyone to handle your to prove specific knowledge by the accused of the trust problems. Mistakenly, some people choose obscene character of the book as opposed to a mere a friend to handle their estate, but it is knowledge of the contents therein. As already stated, invariably too much work for one person. At the New York Court answered the question in the the Groos you will fin d an entire Trust Depart­ negative FINKLE STEIN V N.Y. (supra) . The iden­ ment team ready to help you - and they are tical question was again raised in another New York all specialists. Only our most responsible people case with the state court again answering in the staff this department, and you will find them negative. ZUCHER V NEW YORK, 225 N.Y.S. persons with long experience . .. authorities on 2d 154 (1962') . The Supreme Court again denied cer­ taxes, investments and settling estates. Let a tiorari. 371 U.S. 863 (1962). The question was last trust officer explain why your estate deserves raised in a California case, WILLIAMS V CALI­ Groos service. FORNIA, 207 Cal. App. 2d 839 (1963) . The Califor­ nia court followed the New York precedent and the theGRQQS NATIQNALBank Court once more denied certiorari. 373 U.S. 907 (1963). COMMERCE AT NAVARRO The police power of the states to seize or bar 109 Years of Banking- Founded on Need, Briilt on Service 10 ALSA~ Cont. the late Thomas A. Edison who said, "Success is ten per cent inspiration and ninety per cent perspira­ g. "Today's Bar Exam"; and many more tion." The success of St. Mary's in accomplishing which can be requested by ALSA members. the goal of developing the intellectual man is per­ 4. Group Life Insurance Program at reduced haps best illustrated by the following awards, pre­ rates. sented to students who have merited recognition for 5. Finally, just instituted this year, a Guar·an­ their academic excellence: teed Loan Program which will be discussed in a later American Jurisprudence Prize Award Program issue. The Lawyers Co-operative Publishing Company and Bancroft-Whitney Company award a specially WHO CAN BECOME AN INDIVIDUAL MEMBER? bound volume from American Jurisprudence to the There are two pre-requisites to membership in student having the highest grade in each course. the American Law Student Association. First, the The students receiving awards for the 1964 Summer applicant must be a student in good standing at a Semester are: law school with an ALSA member association. The Name of Student-Subject Grade definition of "student in good standing'' is left to Mr. Marion Carson-Criminal Law. ______. ______92 the determination of each individual law school. Mr. Joseph Groce-Contracts 1______86 Secondly, the applicant must be a member in good Mr. William Holland-Contracts L ______86 standing of his local ALSA member association (i.e., Mr. Champe Ransom-Contracts 1______86 student bar association-The Barristers). The ap­ Mr. Joe McGill-Sales ______------______91 plicant for ALSA men1bership must have complied Mrs. Mary Anne Crosby-Appellate Procedure 84 with all the pre-requisites to be considered for Mr. Eugene Labay-Comparative Law ______94 selection into the association. Mr. Marion Carson-Torts L ______91 The success of the Individual Membership Pro­ Mr. Melvern Stein-Contracts IL ______84 gram depends upon the interest and activity of you, Mrs. Rose Spector-Administrative Law ______93 the Barristers. As an Individual Member of the Mrs. Mary Anne Crosby-Eminent Domain ___ . 85 Mr. Eugene Labay-Criminal Procedure ______94 American Law Student Association, there is no Mr. Joe Raineri-Writs ______92 doubt that you will be better informed. You will certainly have received your money's worth! Mr. Michael O'Quinn-Criminal Procedure ______94 Mr. Daniel Heyne-Conflict of Laws ______88 Mr. Tom Coughlin-Agency and Partnership _____ 98 Mr. Patrick Nitsch-Torts IL ______85 Mr. Robert Tippins-Trusts ______85 Mr. Robert Tippins-Eminent Domain ______80 Mr. Marlin Gilbert-Writs ______83 Mr. John McGinty-Damages . ______92 Mr. Philip Benson-Domestic Relations ______92 Annual Corpus Juris Secundum Student Awards Each year the American Law Book Compa:o.y awards one selected of Corpus Juris Secundum to the freshman, mid-law and senior law student at St. Mary's University School of Law who has made the most significent contribution toward over-all legal scholarship. This year's recipients of the Cor­ pus Juris Secundum Awards are: Freshman-Mr. Champe Ransom, Mid-Law-Mr. Thomas O'Connell, Senior-Mr. Eugene B. Labay. Newly initiated members of Delta Theta Phi pose for a quick shot before heading for the celebrations. Both Annual Hornbook Student Awards of the fine legal fraternities at St. Mary's hold initia­ Each year the West Publishing Company A wards tion ceremonies in the Fall and Spring Semesters. a selected title from the Hornbook Series to the freshman, mid-law and senior law student who achieves the highest scholastic average in his class. The receipients of the Hornbook Series Awards are: I Awards And Honors Freshman-Mr. Sheldon Oster, Mid-Law-Mrs. Mary Anne Crosby, Senior-Mr. Olin B. Strauss. The basic hypothesis which guides the School of Other Awards Law is that it must do more than produce skilled A faculty-student committee has nominated I legal technicians. However, no one denies that knowl­ the following students of St. Mary's School of Law edge of the law is an essential element in the educa­ for inclusion in the publication "Who's Who Among tion of a lawyer. St. Mary's School of Law, therefore, Students in American Universities and Colleges": aims directly at the end of formal education; that is, Mrs. Mary Anne Crosby, Mr. Eugene B. Labay, Mrs. the development of the intellectual and competent Rose Spector, and Mr. James T. Topham. man. Nomination is based on consideration of "The A proposition often reiterated by a leading pro­ student's scholarship, his leadership and coopera­ fessor at the School of Law is that "Success occurs tion in edncational and extra-curricular activities, when preparation meets opportunity." Perhaps this his genera] citizenship, and his promise of future is another way of phrasing the idea attributed to usefulness." 11 OBSCENITY, Cont. the Supreme Court has chosen, for its own best reasons, a course of passive leadership in the whole ReturninO' to the definitions and interpretations obscenity field. It has not only failed to formulate used by the Court at different times, the familiar any meaningful principles, but has been extremely "community standards" has been frequently dis­ hesitant to resolve those questions which have cussed. One of the related issues in FINKLESTEIN caused much of the confusion in this area. The V NEW YORK (supra) was whether under that MANUAL case has magnified rather than lessened state's obscenity statutes, a conviction was not ren­ the shortcomings of ROTH so that the states in dered void by the trial court's refusal to admit other proceeding on the ROTH reasoning, now find them­ publications available in the community's bookstores selves in a hopeless position. While ROTH is inade­ as evidence of "community standards". Of course quate, it is nevertheless all that has been offered. the state courts upheld the conviction and since the Now MANUAL has not only thrown ROTH into dis­ Court denied certiorari, one can only guess. Adding order, but has offered nothing to replace it. There­ to the confusion is a Maryland decision dealing with fore this whole issue can be clarified only with the exactly the same issue but holding that the convic­ passage of time and further adjudication. tion was vitiated by not admitting such books into While this writer has been critical of the Court's evidence. YUDKIN V STATE, 229 Md. 223 (1962). activities in the obscenity problem, it must in all Finally we have the Supreme Court of New Jersey fairness be recognized that this issue is not suscep­ holding that "community standards" refers to a tible to an easy solution. The question of obscenity national rather than a local or state community. is so intimately bound up with the constitutional STATE V HUDSON COUNTY NEWS CO. 41 N.J. guarantees of free speech and press, that only the 247 (1963) . Texas, as has been seen, requires an most delicate balancing of interests will suffice. This area no smaller than the state. The Court has as country has long prided itself on being the strong­ yet rendered no definite answer as to the size and hold of such rights and the Supreme Court has tradi­ scope of the area contemplated. tionally been in the role of championing the cause The book Tropic of Cancer by Henry Miller ha$ The late Mr. Justice Frankfurter set the tone when been the subject of more adjudication than any other he wrote, "The task is onerous and exacting, de­ recent novel. The various decisions readily illustrate manding as it does the utmost discipline, the sever­ the controversy that has attached to it. The Mas­ est control of personal predilections." KINGSLEY sachusetts courts held Tropic of Cancer to be out­ PICTURES V REGENTS OF UNIVERSITY OF side the area of obscenity. The state court ex­ NEW YORK, 360 U.S. 684 (1959). plained that under the Massachusetts statute, only hard-core pornography without redeeming social im­ portance is considered obscene. ATTORNEY GEN­ ERAL V BOOK NAMED TROPIC OF CANCER, 345 Mass. 11 (1962). A year later the book was ruled obscene in New York. That state's statute was interpreted as holding obscene any matter which is hard-core pornography appealing to the prurient in­ terest, regardless of literary merit. PEOPLE V FRITCH, 236 N.Y.S. 2d 706 (1963). California was soon faced with the dilemma presented by the preceding two cases. The first test resulted in a defeat for "Tropic". The court held that the literary merit of a few isolated passages in the otherwise obscene novel did not give it the "redeem­ ing social importance" necessary for a reversal of the jury's finding of obscenity. PEOPLE V SMITH, 23 Cal. Rptr. 5 (1962). This was later reversed by the California Supreme Court which ruled that the California statute limits the definition of obscenity to matter "utterly without redeeming social impor­ tance". ARNEBERGH V ZEITLEN, 59 Col. 2d 901 sf·. MAIIY'e (1963) . The state appealed the case to the Court on .( the issue of whether the state's obscenity law is re­ stricted by the First and Fourteenth Amendments Our policy of retaining the to only "hard-core pornography". Unfortunately the attorney designated by the Court denied certiorari. 375 U.S. 957 (1963) . Thus the obvious question is did the Court approve the Testator or Trustor is one of the ruling of the California Supreme Court as it applied reasons why so many Texas solely to the California statute or did it intend a blanket endorsement of the ruling so as to be ap­ aHorneys rely on the Trust Depart­ plicable to all the states. In the event that the latter ment of the ALAMO NATIONAL proposition be correct, then PEOPLE V FRITCH (supra) has been overruled. BANK. It is in1possible to draw any accurate final con­ clusions at this point. To this writer it appears that 12 Future plans for the club include a holiday party for the ladies with Minnie Simmang as acting chair­ Scholarship Awards man. In addition the club will co-sponsor the Christ­ Professor James N. Castleberry Jr., Chairman mas Dance with the Barristers. Spring will boast the of the Law School Scholarship Committe2, has an­ annual style show with the latest fashions; Becky nounced the committee's final selections for the Smith is co-ordinating this gala affair. Fall Semester scholarship awards. The Law Wives' Club strives for cultural and Lou Cappadona (senior) and James Lytton social activities which will be of interest to all wives (freshman) received a continuation of the full tui­ and meets twice a month downtown at the Kallison tion Grant-in-Aid Scholarship. Gilbert Gonzalez Tower IBM Building. For additional information call (senior), Michael O'Quinn (senior), Dan Ruther­ ford (mid-law) and Fred Granberry (mid-law) were Frankie Franz, President, at DI 4-3701 or Katherine chosen as recipients of awards from the Bracken­ Labay, Membership Chairman, at PE 3-0404. ridge Estate Scholarship Fund. John Sanders (mid­ ----0---- law) and Marion Carson (freshman) received the Kappa Beta Phi Scholarship Awards. Marion also earned the John H. Lapham scholarship. Don Wit­ tig (senior) and Norman Manning (freshman) were awarded the Isaac and Henrietta LanQ' Scholarships and Don was also presented with a $200 award by BARRISTER NOTES Mrs. Charles Chever on behalf of the Woman's Aux­ iliary of the San Antonio Bar Association. A small club of freshman law students has be­ The Scholarship Program has a twofold purpose. gun a program of "practical law tours" in the County It is intended first as a recognition of those students Courthouse. Mike Moriarty, who has a pocket dock­ who have attained a high degree of scholarship and et, claims that "these courtroom visits have instilled have also played an active role in the extra - cur­ a greater understanding of law as it operates". Mike ricular program at the Law School. Second, it is a also felt that this type of visit should be made by means of financially assisting such students in order criminal violators who need to be impressed with to facilitate their pursuit of a . the practical application of law. Many students at the Law School fullfill these * qualifications, thus the difficult task, which the * * * * Scholarship Committee faces in making final sel­ Art "Beaver" Abraham earned his nickname by ections, can be readily appreciated. The Barrister his industry. He is recognized by fellow students as News gives a hearty approval to the generous schol­ an earnest, hard-working student. When asked about arship program offered by the Law School and con­ his secret, Art replied, "Men should be what they gratulates these students who have earned the right to partake in it. seem, or those that be not, would that they might seem none.'' Which quotation, as yet unidentified, is enough for the casual inquirer. * * * * Delta Alpha Delta Eugene Labay's article on the right to counsel The fall semester has been an active one for appearing in the last BARRISTE R NEWS has drawn Delta Alpha Delta (Law Wives' Club) and the spring wide, approving comment in the form of letters and promises to keep all the ladies equally busy. A Beer spoken congratulations. Gene is one of those stu­ and Tamale Party in early October started the year's dents who seldom is given the credit due him for social activities and was held at the Thunderbird his efforts because of his refusal to claim any spot­ Hills Party House for all law students. light. His selection for "Who's Who" is fitting and The bi-monthly meetings have been highlighted timely and reflects the opinion of many of his fellow with very effective programs; John Blinder, owner of the Alamo Beauty Colleges, held the attention of students. the ladies in presenting his progrmn on hairstyling * * * and John Glenn's lavish program on flower arrang­ * * ino- also proved to be outstanding. The Dean of the Because the Student Bar Association has elec­ L;'w School, Ernest Raba, made his annual appear­ tions every semester except the Summer term, it ance before the Law Wives and brought the ladies seems there is a never ending campaign for at least up to date on law school activities. the Presidency of the organization. Already politi­ The money-making project for the organiza­ cal lieutenants are being lined up; at the present tion is the monthly cake and coffee sale held at the rate all the contestants will be so bedraggled by elec­ law school. Here the ladies have an opportunity to show off their culinary skills. Continued support of tion time that they probably won't care who wins. this worthwhile project is encouraged on behalf of One student was overhead saying "I'm not campaign­ the entire student body of the law school. ing now but my opponent is!'' 13 Among other events involving St. lVIary's Alum­ ni we find that Peter N. Plumb, a 1961 graduate, Alumni News magna cum laude, recently joined the law offices of The voices of two of St. Mary's Law Alumni will Dayton G. Wiley. Other members of the firm are Robert Thornton and P. S. Gross, who is a 1959 now be heard in the Halls of Congress. Congressman Henry B. Gonzalez, a San Antonian and veteran of graduate. Congress, and Elijio "Kika" de la Garza of McAllen From South Texas we leftrned that Juan Gavito, are among the Johnson victors. a 1953 graduate won election to the office of Justice Congressman Gonzalez of the 20th Congression­ of the Peace in Brownsville, Cameron County, Texas. al District, a well known St. Mary's alumni, gradu­ Juan while in law school found a berth on the Dean's ated in 1943. He has served as a city councilman, list of Honor students in May of 1952. state representative and senator. In 1961, he went (Continued on Page 16) to Washington to serve an unexpired term. The Con­ gressman has eight children, one currently attending St. Mary's Law School. State Representative Kika de la Garza, a new­ comer to Congress, graduated in 1952. The Congress­ Alumni Weekend man-elect of the 15th Congressional District lias The Annual Alumni Homecoming of St. Mary's served 12 years in the state legislature as a repre­ University was held Friday, November 6, through sentative from Hidalgo County. He is a partner in Sunday, November 8, 1964, and from all indications the McAllen law firm of Hollis Rankin, Bob Kern, and Ramiro Martinez, the latter another St. Mary's it proved to be a tremendous success. Kicking off graduate. De la Garza is married to the former Lu­ the weekend of activities was a luncheon for the cille Alamia of Edinburg. The couple has three Board of Directors of the St. Mary's University children. Alumni Association. The President of the St. Mary's On the local scene, three of St. Mary's alumni University Alumni Association is Judge Archie S. will be in Austin. John C. Alaniz, a veteran in the Brown, LLB '37. state legislature, graduated in 1957. Assistant Crim­ inal District Attorney Thomas J. Lee and Robert L. The three-day reunion included a star-studded Vale both new-comers to the state legislature, grad­ list of top speakers. One of these speakers was Frank uated in 1960 and 1954 respectively. McGowan, Executive Director of the Wall Street The names of St. Mary's alumni are found not Journal, Dallas, who headed the seminar on "Ethics only in the political arena, but also in judiciary in Business". Other panelists exploring the topic of ciJ'Cles. Judge James A. Joy, a 1952 graduate, is business morality in 1964 included Conway Craig, District Judge of Plainview, Texas; Judge A. C. Publisher, San Antonio Express and News who is Lesher, a 1942 graduate presides at the Domestic Relations Court of Houston; Judge Archie S. Brown, also President, San Antonio Chamber of Commerce, distinguished law professor at St. Mary's presides and Jack Potchernick, BS '43, LLB '55, Chief, Audit at the 144th District Court here in San Antonio. Section, Internal Revenue Service, Austin. Another St. Mary's alumnus who has ascended The seminar on business ethics was attended to a judicial chair is Mr. Ted Z. Robertson of by approximately 125 graduates of the School of Dallas, Texas. Mr. Robertson, an assistant district Business Administration some coming from as far as attorney, has been appointed judge of the new Ardmore, Oklahoma, and Midland, Texas. Many of County Probate Court No. 2, effective January 1. these attended as the result of personal invitations The newly-appointed judge graduated fron1 St. sent out by Brother Paul C. Goelz, S.M., and Deed Mary's University School of Law in 1949. Termin­ L. Vest, MA '46. Fellow alumni, Winston Norris, ating his legal studies, he was in private practice .sent a $300.00 contribution to the George B. Kohnen here for six years and later went to Dallas as an Memorial Student Loan Fund in lieu of attending. attorney for the State Highway Department. For the past three and a half years he has been chief One of the categories for discussion included of the civil section in District Attorney Henry "Perry Mason" vs. "The Defenders". At this discus­ Wade's office. sion group Judge Archie S. Brown headed a panel of prominent law alumni who delved into the public The names of St. Mary's alumni are found not relations of the legal profession. only in the political and judiciary circles, but in the theatrical, evident by Mr. Frank Christian's role in Perhaps the highlight of the entire weekend San Antonio Little Theatre's "My Fair Lady." He was the Fifth Annual Awards Dinner honoring Bill portrayed Henry Higgins. The actor-attorney, how­ Rives, BA '33, Assistant Managing Editor, The ever, is no stranger to the theatre audiences. During Morning News, recipient of the Distinguished Alum­ the 1963-64 season of the San Antonio Symphony nus Award; Frank Gittinger, '13, San Antonio in­ Society, he appeared in four productions: in the surance executive, recipient of the Loyal Alumnus contemporary opera "Susannah"; in the "Three Award; and Dr. Thomas J. Treadaway, S.M., Regis­ Penny Opera" ; in "Othello" ; and in "Romeo and trar and Professor of English, who received the Juliet." In the productions of the San Antonio Music Honorary Alumnus A ward. Honorees also included Theatre, he sang in 'Mikado'' and in "She Loves the first graduating class of the University and the Me." Mr. Christian and his wife Harriet have six Silver Anniversary Class of 1939. Toastmaster for children. the dinner was Judge Solomon Casseb, BA '37. 14 to orientate the freshman law students on a formal basis. This committee has had its first organization­ al meeting and is considering a program which in­ cludes the method of briefing a case, the types of exams, the library and its rules and several other basic rules and customs of the school. PRESIDENT'S LETTER

Ardency or apathy? Tour de force or dolce far niente? Any way you serve it, student barristers SBA Elects Nine have been faced with the choice of challenge or non­ On Wednesday, October 14, 1964, elections were challenge. Recent years have witnessed the less held for the officers of the Student Bar Association courageous choice but this semester has seen new for the Fall, 1964 semester. The usual campaigning, sparks where there was inertia, stagnation. The fire excitement, and anticipation was evident in the has started and it seems the present composition of entire school. Those running for an office were the student bar is combustible. busy shaking hands, putting up posters, and hand­ Congratulations are in order to the more than ing out cards. Students couldn't go from one class seventy students who attended the first Fall meet­ to the next without being stopped by a candidate ing of the Student Bar. Good attendance lends itself and given the "full treatment" as to who he should to a vital organization and makes accomplishments and should not vote for. Then, finally, at 8:00 P.M., commonplace. Some things well begun at this meet­ when all those who were going to vote had voted and ing were: the candidates were exhausted, the long ordeal of counting the votes began. Shortly thereafter the 1. A committee was appointed to study various newly elected officers were announced. Nelson Wolff honor systems and to recommend two alternative was elected President and Thad Heartfield Vice­ plans to the Barristers Club. In the event a plan is President. Fred Granberry was elected Secretary; adopted, it will be presented to the faculty council Gale Castillo, Treasurer; Don Wittig, Parliamen­ for approval. Senior John Doyle is chairman. tarian; Marion Carson, ALSA Coordinator; Doug 2. A pre-law committee was appointed to repre­ Cowan, ALSA Alternate; and Mark Sideman, Ser­ sent the law school at St. Mary's main campus. This geant-at-Arms. committee is to present information such as the entrance exam, prerequisites of law study and re­ lated data to the pre-law students. Mid-law student Committees Cited Dan Rutherford was appointed chairman. 3. A committee headed by Senior "R B" The parliamentary turmoil of the Student Bar Eyhorn has been appointed to prepare a freshman Association meetings was turned to constructive orientation program to commence in the Spring effort in the formation of three committees. The semester. committees have begun their jobs with organization 4. The Student Bar will co-sponsor a Christmas and are showing early results. dance with the Law Wives association, Delta Alpha The committee to draw up an honor system Delta. The officers of the SBA will act as a commit­ constitution for the law school has completed a full tee to work on the dance preparations. Tentative code with all provisions for initiation. adoption. pro­ date is set December 12, 1964. The Barristers enjoin cedure and amendment. John Doyle. chairman, re­ all members to make plans to be there. marked, "The honor code is the result of widely We have been very fortunate to listen to Dr. divergent views and represents a careful analysis of Sean Burke at the second assembly. Dr. Burke is an our school's needs." Doyle's committee has met articulate and outspoken Professor at our sister regularly and held an open meeting and hearing for college, Incarnate Word. We were also very fortun­ all interested students to review the proposed code. ate to hear Mr. Francis B. Roser of the civil service Dan Rutherford has contacted and met with the who spoke of job opportunities with the federal gov­ pre-law club president of St. Mary's U., Claude ernment. Guerra, for the purpose of forming a liaison com­ Your officers of the Student Bar have begun mittee. The SBA appointed Dan to set up an inform­ this administration by accepting challenge but the ative program for pre-law clubs to answer questions ideas, time and efforts of every member are needed. about the School of Law in general, to include ap­ Accept then, this invitation. Help us grow as our plication, requirements for entry, and background of school is growing. the study of law. R. B. Eyhorn heads up the committee formed NELSON WOLFF 15 ALUMNI NEWS, Cont. Lewis, James W. Pompa, Gilbert G. Congratulations are also in order for Hector Sewell, George Frausto. Hector, a 1950 St. Mary's Law School grad­ Farnsworth, Ken uate, has been chosen by the people of Maverick Cobb, Earl, Jr. County to serve them for another term of office as V aldespino, Henry county atto:rney. He has opened his own law offices in the San Antonio Savings Building in San Antonio, You will be contacted in the very near future Texas. to make your contribution to this big undertaking. Whatever you give, give what you can. Let's Reed A. Rankin, procurement contract nego­ make our projected Law Center on the Woodlawn tiator for the San Antonio Air Materiel Area, Kelly Campus the very best. Air Force Base, was one of three Air Force person­ nel honored by President Johnson. Rankin received congratulations from the Secretary of the Air Force Eugene M. Zuckert, and Defense Secretary Robert S. MeN amara. He then received the commendation of President Johnson. Rankin is a 1959 graduate of St. Mary's. Fletcher Brown, a 1963 graduate formerly of the law offices of John Peace, has returned to his home state of Florida. Fletcher is now practicing law in Arcadia, Florida. ENDOWMENT FUN·D TOtO The decision has been made to move the Law Center of St. Mary's University School of Law to the Woodlawn Campus. The Law Center will consist of a library, Moot Court and assembly room, dormitories, classrooms and faculty offices in an autonomous complex. The 1964-1965 Annual Alumni Living Endow­ ment Fund Campaign is now underway. These funds will be invested and diverted to the building fund The files of the BARRISTER NEWS produced this early for the Law Center. picture of the law school taken sometime in the To date the campaign has been conducted 1930's. Funds are now being raised to construct a among the alumni in the City of San Antonio new Law Center on the Woodlawn Campus. through the traditional late afternoon cocktail par­ ties. The campaign in the City of San Antonio will soon be intensified through a committee of person­ al solicitors. The out-of-town alumni will be con­ tacted by mail. We are happy to report that twenty-five of the San Antonio alumni have contributed a total of $870 at two meetings held in the School of Law.

Donors Brown, William G. Kennedy, Patrick J. Aycock, Bruce Beuhler, William W., Jr. Ferro, Anthony J. Leon, Jack Paul Rodgers, Frank C. Salyer, William J. Plumb, Peter N. Carp, Edwin W. Haberman, Carol R. Christopher, Henry W., Jr. Johnson, Clyde E. Tafolla, John F. Clark, Fred R. Hill, Frank Y. Speert, Victor A. Biery, Charles & Sam 16