New Braunfels Herald Zeitung (Newspaper) - August 13, 1987, New Braunfels, Texas
DAVE KRAMER, Editor and Publisher JIM WEBRE, Managing Editor
Page 4 " '* Herald-Ze/fun& New Braunfels. Texas Thursday August 13, 1987
A video solution
Gov. Bill Clements made the right decision last week in signing into law a measure that will reinstate the use of videotaped interviews in physical and sexual abuse trials that involve children as the victims.
This measure is intended to replace a similar law declared unconstitutional last month. The bill addresses the defendant's constitutional right to face an accuser by requiring an additional cross-examination tape of the child being questioned by a defense attorney or child abuse expert.
Most importantly, the measure will shield abuse victims under 12 from the trauma of testifying in open court.
The Houston Post
The drug traffic problem
The General Accounting Office now tells us what South Texas narcotics authorities have known for a long time: The amount of drugs entering the United States from Mexico has skyrocketed The GAO found that, despite increased spending on drug enforcement and eradication programs, the amount of Mexican heroin entering the United States has increased since 1980 by at least 200 percent, and the flow of marijuana is up by 600 percent.
... Some say increased vigilance along the Florida drug routes has shifted trafficking to the Southwest border But members of a House narcotics committee blame the White House, the State Department and their counterparts in Mexico ... We would like to see both governments at their highest levels — meaning Presidents Reagan and de la Madrid — address this serious flaw in U.S.-Mexico relations
San Antonio Express ion s
Reagan's lest a warning
President Reagan speaks about his nose in jest. which is typical of him The president speaks with a definite purpose in mind. however A skin cancer was removed from his nose recently, and doctors say he is doing fine The president appeared this week with a bandage on the tip of his nose He told visitors “I know you re all admiring my suntan You. too. can look like this Just sit in the sun as long as I did ” The president s warning is important Protect yourself
The peace plan for Nicaragua which President Reagan floated last week may never attain full realization. but already it has achieved something of value It almost cer
tainly nudged the five Central American presidents meeting in Guatemala City to agree on a regional peace plan.
The so-called “Arias Plan,’' named after Costa Rican President Oscar Arias Sanchez, diverges from the Reagan plan in a number of respects, particularly in that it includes no requirement for the San-dinista government in Nicaragua to negotiate with the contra guerrillas However, as Guatemalan President Vinicio Cerezo said, it does represent “an act of faith, an act of confidence in our capacity to build peace.’’
The Arias Plan could serve as the point of departure for negotiation which could lead to a gradual scaling-down of the violence in Nicaragua
Corpus Christi Caller- Times
Yes. the new American proposal to bring peace — or at least meaningful negotiation to Central America is open to suspicion The Reagan administration's historic lack of enthusiasm for a negotiated settlement guarantees suspicion But the proposal should be pur sued wholeheartedly Domestically, it offers an alter native to the continuing argument about the contras and a chance to refocus American policy. Interna tionally. it provides a test of San dinista willingness to behave responsibly and return to the promises of the Nicaraguan revolution Speaker Jim Wright deserves credit, rather than the knee-jerk cynicism of liberal Democrats, for sticking his neck out to give negotia tion a real chance
Fort Worth Star-Telegram
Kudos to Maynard
It took three tries, but the com mittee selecting inductees for the National Football League Hall of Fame finally got it right Kl Pasoan Don Maynard was one of seven in ducted Saturday in ceremonies in Canton. Ohio The prominent El Paso businessman was a state champion hurdler in high school in Colorado City when he was recruited to play for Texas Western college now the University of Texas at Kl Paso His outstanding performance here led him to the New York Giants a year in the Canadian Football League to the New York Titans renamed the New York Jets and to complete his career the St Louis Cardinals During his 15-year career as a pass receiver, especially those years with the Jets. Maynard set many professional records Maynard, returning to Kl Paso has been an outstanding supporter of athletics and role model for young players He honors this city and Kl Paso honors him
El Paso Times
U S Sen Phil Gramm United States Senate 370 Russell Senate Bldg Washington D C 20510
U S. Rep Mac Sweeney (Guadalupe County) United States House of Representatives 1713 Longworth House Office Bldg Washington D C 20515
State Sen William Sims Capitol Station P O Box 12068 Austin Texas 78711
U S Sen Lloyd Bentsen United States Senate 703 Hart Senate Bldg Washington D C 20510
State Sen Judith Zaffirini Capitol Station P O. Box 12068 Austin Texas 7871i
State Rep Edmund Kuempei Texas House of Representatives P O Box 2910 Austin Texas 78769
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Military doctors should be able to be sued
WASHINGTON Forty wars agu. more or less, had things happened to Rudulph Feres. Ar thur Jefferson and Dudley Griggs all of them were in the Army I- eres died in a barracks fire at Pine Camp N Y Jefferson went through an abdominal operation flawed by serious malprat tice Griggs died tor want of proper treatment by Army surgeons
All three figured in lawsuits brought a* the time against the I ntied States government The suits sought damages above and beyond the con pensation given them under federal law The question was whether th** Federal Tort Claims Act of 1946 FTCA permitted servicemen to sue the government Speaking tot a unanimous Supreme Court rn 1950 Justice Rol**rt Jackson ruled that military personnel may not bring suit for injuries that arise out ut or .ire in the
course ut activity incident to sc the “Feres doctrine
With tew exceptions tile Supreme Court has adhered to Jackson s reasoning ever since \< the Feres doctrine is under double attack It barely sun ived this past term of the supreme Court dissenting in a 5-4 case in May Justice Antonin Scalia termed the Feres rule “clearly wrong ’ And in the House of Representatives Congressman Barile) Frank of Massachusetts has introduced a bill to permit men and worm* in the armed forces to sue tor malpractice bv serv ice doctors The Justice Department opposes Frank s btl but the measure strikes me a altogether fair The armed services have attracted some first
rate physicians the level of medical care on the whole is regarded as reasonably high But the armed services also have attracted some second rate doctors who couldn t hack it In civilian practice There is no valid reason at least none that I can see why a soldier or sailor who sui fers from tetched surgery should not t>e able to sue as civilians can sue
Justice Jackson himself seemed a little uncer tarn in his 1950 opinion He found no legislative* record to guide the court in construing the FTCA lf we misinterpret the act,' he remark ed. at least Congress possesses a ready remedy “ The ambiguous language of the FTCA sought to make the government liable in the same manner and to the same extent as a private individual under like circumstances
Jackson reasoned that no private individual could In* legally analogous to a soldier iii the Ar my for no one has power to mobilize a private army Besides said Jackson the law “makes no sense if it results in suits brought bv militarv personnel subject to frequent transfers under the applicable tort law of the state in which the-injury occurs Anyhow he noted the govern ment maintains a system of cooperation that is fair and efficient Military discipline would suf for it troops could sue thoir officers for wrongful acts
To Justice Scalia Stevens Brennan and Mar shill I. this reasoning is specious They are ready to junk the Fetes doctrine altogether or at least to poke holes in the rule that would give men and women in service a better break That is I s Rep I rank s idea
Go back to the case of Arthur Jefferson Eight months after his operation at an Army hospital in Maryland Jefferson had to have a second operation To their surprise and chagrin surgeons found in his stomach a towel inches long bv 18 inches wide marked Medical iVpar* ment U S Army Jefferson received lump sum compensation of S **45 at the time The court estimated that given his life expectancy he would receive in stallments totaling s L! oho t#*fore his dealt. It wasn I much Frank s bill would let malpractice plaintiffs go to court under FFG A Frank s bill would not address the indefensible damage inflicted by the Army upon Master sgt James B stanley Hi* seas one of a thous.md soldiers you may recall who in 1958 were gulled into experiments without their consent bt fete: mine the effect of USD on humans Neither would it help the widow of Ll Cmdr Horton Winfield Johnson a c oast Guard helicopter pilot who died it is alleged when Federal \viation
controller** erred in supervising Hawaii Hie Supreme c ourt ap doc trine to txtth i thi** Dust
Administrali rescue flight I plied the Fere term Something I Feres plaint rf1 had little to do with the jut uliar of military ’service A defective f Feres death Incompetent surge two other cases The ('on gross lo I flee estimates trial Frank s lull v taxpayers no more than 125 mil;
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There’s cautious optimism in the oil patch
Gov Bill Clements Governor s Office State Capitol Austin Texas 787"1
U.S Rep. Lamar Smith United States House of Representatives 509 Cannon House Washington DC 20r'6
the United States
The White House
1600 Pennsylvania Avenue
Washington D C 20500
By CHRISTOPHER SULLIVAN Associated Press Writer
Besides the metronomic pulse* ut pumping that noise coming from oilfields around the country is the clink of tools teeing pu ke*! up again by mechanics the beat of helicopters heading oft shore It s the sound of optimism stirring even it it s still muted “The drilling is picking up Landmen are going back to woik Ifs looking pretty good “ says Tom Keating who arranges leases in Mon tana
optimistic.” allows John direc ts hiring for an Oklahoma company ion will continue
We re Birdsong, who oilfield sen ice “Our produe at a slower rat Chief exec ut i\« cern based iii !
“Right now economic anat ment “there j timism “ Brices of en recently bul st
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iyed atwjv e* has accelerate'd oilfie up earlier iii the- year De pressed petroleum prices leegan a slow recovery a few months ago industry officials say Now. even some officials in busme*sse*s secon darily affected bv the ups anil downs of oil are voicing modest hope*
Jim Benne*it president of First Citizens Bank of Billings Mont . and president ot the* Montana Bankers Association, salt! “There s a lot of dif ferenee in a few dollars in Hie price* of oil ” Businesses, he said. could tx* losing mone*y at $18. breaking even at $20 and making money at $22 ”
Delinquent loans to oil producers will turn around with an upswing in prices and produe tion, but lieyond that tie said even loans made* to motels and shopping centers in tatter times Witt gradually lie repaid as the oil patch economy expands Optimism breeds a sense of security, which prompts people to spend money and changes the direction of (tie* economy said FtMich h or the* first time since* last Novemtier. the* delinquency rate on home loans made through the Alaska Housing Finance Corp held steady in June* at 15 > percent, said spokeswoman Margaret Nelson
And Alaska legislators cited the stabilization ot oil when they refused to go along with Gov steve* Cow per s plans tor reinstating an income tax a motor fuels tax and many state* (en* in cieases
At the I Diversity of Oklahoma where enroll ment in petroleum engine*e*ring courses has been off "harply Roy Knapp head of the* geology department echoed others when he* said be- just hopes the* price rise- holds steady
I think more than high prices we* rued premie table* prices I hope* it d»*e>n t go bio high bx* last Knapp said
When you re cautious you do things wiser he said noting that companies have learned from their losses in recent years To jump ba^k in with both fe*e*t it s a marvelous place* to lose their shirt "
In Duncan Okla Birdsong s Halliburton ser vices Co is taking a cautious approach
We are* tcginning to sex* a !e*w bright s|>ots in the countr> hut we're moving very slowly he said “We have re employed some of the one*** we have laid oft .intl some have turne*d us down They re not sure* it ifs going to Im- a sustained thing.’’
In Texas drill pipe* manufacturer lame* Stat Technologies has upped its production capacity > percent from a year ago and quietly hired back too workers in recent months officials said The* company had laid oft about two thirds of its workforce of 4.uoo last year Temporary workers and contract labor will Is* use*d for the time being in the Kern County Calif . projects of Chevron Oil. said the com pany s div ision manager for produe turn Bob Connon
The* company “is still cautious almut oil prices and our caution is reflected in our luring practices," he* said Still production in Kern County the* largest oil producing county in the nation is increasing w ith about 30,UUU wells operating in March compared to 28 Heiei at the low pennt last September when prices tumbled 1m*1ow Ho a barrel, according to Bill Guerrard senior engincer tor the California Division of oil and Gas in Sacramento “We’re seeing some exploratory drilling and a lot of development wells Icing drilled ’’ observed Kd Wedge of the division's Bakersfield office We’ve seen this upturn since the first of this year ”
Far from the fields producing thick Kern River crude- those- that give* up louisiana s .m * t are* also growing more active In mid July 145 rig** wert* running in Dun siana 61 of them offshore at the same time last year 103 rigs were in operation 44 offshore-The exploration push has set off a scramble for oil field e*quiptne*nt in the Lafayette I.a area Drilling companies re*port short ages ai . I
a quick jump in pro es of drill pipe casing bails diesel power units vxt-ll as name J talent to run and maintain rigs Electricians mechanics welders and helicopte-f pilots many of whom le*tt the- state-last year in search ot work art* in hot demand In Alaska > Prudhoe- Bay oil companies plan to drill IT new wells tins tall after virtually halting North Slope oil exploration in l9«e.
oil analysts attribute this year s price climb to greater cooperation among menders of the Organization of 1‘etroleum Exporting Countries I'he recent price hike is linked to heightened ti n stons m the Persian Gulf and to a le sser degree increased gasoline demand from Vmerican.s on summer trips analysts say Besides affecting local economies in the- till patch, the- rising price ot oil raises lox revenues in producer states In louisiana, officials counted on prices strengthening Ralph Perlman state* budget director, said the* lien. 88 budget is based on severance tax tonus and royalty revenues of $H5o million and oil priced at $20 a barrel Oil traders and petroleum economists have said thew e*xp«ct the* price of louisiana Sweet crude* to stay in the* $20 range- for the* rest of the* year barring any upheaval iii OPEC In New Mexico every dollar above state* budget makers' $15 per barrel estimate* tit oil prict*s means an extra $3 million in revenue to the state*
' T he biggest impact will tee in terms of some unexpected increases in the state s general fund that comes (rom oil and gas taxes ’ said Brian McDonald director of the* I diversity of New Mexico s Bureau of Business and economic Research
Beyond that oil and gas severance taxes pro vide the bulk of funding for slate capital projects through severance tax revenue bonds, he* said “With oil prices coming back to those* kind of levels, the state should have additional tending capacity for projec ts ’’