The Shiner Gazette (Shiner, Tex.), Vol. 67, No. 14, Ed. 1 Thursday, April 2, 1959 Page: 2 of 8
This newspaper is part of the collection entitled: Shiner Gazette and was provided to The Portal to Texas History by the Shiner Public Library.
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Shiner Gazette—Shiner, Texas
SOVEREIGN IMMUNITY
How could anybody ever say:
“The king can do no wrong”?
(When we know of kings who
did do wrong.)
The idea looks simple: As ab-
solute law maker, the king could
hold himself above his own
law. He was under no law and
could therefore do no legal
wrong.
Anyway, when King George
lost the thirteen colonies, the
American states took over the
Thursday, April 2, 1959 !
doctrine of Sovereign Immun-
ity: Nobody can sue a govern-
ment agency without the state’s
permission, when the agency is
doing government work. (Of
course if the agency is doing
“proprietary functions” like
running street cars or making
electricity, it may often be sued
much like any other business.)
Thus suppose for lack of due
care a private bakery truck
should harm your child who had
done nothing to bring on the
accident. Well then, most like-
ly you could sue the bakery in
the child’s behalf and collect
damages.
But not with government
agencies unless the legislature
gives you lawful permission.
Thus in the old days, if an
army jeep harmed your child,
you could collect only if Con-
gress passed a special bill
awarding damages.
Recently this doctrine has
been attacked: Why shouldn’t
the government pay like any
other organization?
So during the last war the
federal government in response
to public opinion passed a “tort
liability” law. It gives the peo-
ple much more power to sue
than before the last war. And
the courts much more often than
Congress now set the damages
in many kinds of cases.
In Texas, the Legislature by
a proper action may permit cer-
tain general types of suits to be
brought against the state, under
'various conditions and restric-
tions. Then, if a specific situa-
tion arises which is not covered
by the general rules, the legis-
lators are authorized to pass a
special measure to permit suit
to be brought.
Therefore, any person seek-
ing to enforce a claim against
the State of Texas through the
courts must petition the Legis-
lature for the necessary permis-
sion, unless his claim falls
within some general category
or type previously recognized
by our lawmakers. During each
session, the Legislature passes
legislation allowing suits to be
brought against the state in a
variety of cases
Sometimes, however, suits
may be brought against in-
individuals holding office under
the State of Texas and acting
as agents of the state, but where
the state itself is not the prin-
cipal party to the suit, without
first gaining consent to sue.
There are numerous situations
in which an individual officer
may be sued with regard to the
duties and functions of his of-
fice, and in which the state is
not directly or substantially a
party in interest.
Suppose you do obtain legis-
lative permission to sue the
state. What happens then?
If suit is brought against the
State of Texas, and the action is
successfully prosecuted, you
will be awarded a judgment
against the state. Then, it’s back
to the Legislature for more
legislation to appropriate the
necessary money with which
the state may pay off the judg-
ment.
(This column, prepared by
the State Bar of Texas, is writ-
ten to inform— not to advise.
No person should ever apply or
interpret any law without the
aid of an attorney who is fully
advised concerning the facts in-
volved, because a slight var-
iance in facts may change the
application of the law.
APACHE TRAIL, starring
Rory Calhoun and Barbara
Bates, and filmed in Techni-
color, is a thrilling action-fill-
ed western. Palace Theatre,
Friday and Saturday.
SUGAR
300 CAN
2 FOR. .
UNCLE WILLIAMS — NO. 300 CAN
PORK & BEANS, 2 for... 17*
KRAFT — 46 OZ. CAN
ORANGE DRINK.
IMPERIAL
POWDERED or BROWN
HUNT'S — FRUIT
COCKTAIL
47*
I LB. BOX
2 for... 27*
MA’S—Fine, Medium or Wide—8 oz. pkg.
NOODLES, 2 for.........
LONG GRAIN
WONDER RICE
2 lb. box.........29c
BLUE BONNET
/\r QI MARGARINE
1 lb.............25c
GEBHARDTS — 15 oz.
TAMALES, 24c, less 5c.......19c
1 lb. box... 33c
23*
. .25c
.. 19*
FIRST
PRIZES
NABISCO
PLAIN or HONEY
GRAHAMS
SCOT
PAPER TOWELS, roll...
ENTER
“LASSIE’TUPPY NAMING
CONTEST
CUT-RITE
WAX PAPER, 125-ft. roll..
ROTEL — 10 OZ. CAN
SAUERKRAUT, 2 for..
DUTCH
CLEANSER, reg., 2 for..
NABISCO HONEY
GRAHAMS MgM
FORTHAT K
HOLLOW FEELING V|\. ,1T|
FRANCO-' <cl/
AMERICAN 15 0
Macaroni
NICE CRISP HEADS—
LETTUCE. 2 .for.
NO. 1 CELLO PACK
CARROTS, 2 for.
RED DELICIOUS
APPLES, 2 lbs. for.
W
c. A. — GOLDEN RIPE
BANANAS, 2 lbs. for.... 27*
FRANCO
AMERICAN
Spaghetti 2/C
Mtfl
Get your entry blank today
Details on special labels of
15 % OZ.
2 For
29c
LESS 3c
69c
LESS 5c .
GIANT SIZE
64*
LARGE SIZE
26*
Robin Hood
ROBIN HOOD FLOUR
5~ 49$
OEu. $1R7
wf PAPER bag b JsL O A
HARDWARE DEPARTMENT
FOAM — IRONING BOARD
PAD & COVER...........$1.34
MUNSEY — ELECTRIC
OVEN TOASTER..........$5.46
COMET — 8-INCH
HEDGE SHEARS...........$2.47
21-GAL. — GALVANIZED
GARBAGE CAN............$2.79
SHORTENING
SPRY
3 lb. can
69*
ARMOUR’S — LUNCH MEAT
TREET, 12 oz.. . 45c
CARNATION
MILK
4sor"
2 tall . .
11b.
can
71c
INSTANT
MAXWELL
HOUSE
COFFEE
97*
WOLTERS BROS. CO.
Phone LY 4-3311----SHINER, TEXAS----Phone LY 4-3312
SPECIALS FOR FRIDAY & SATURDAY, APRIL
3-4
JOTS FROM S.LA.
• Seventh Grade—
The following are on the hon-
or roll: Marilyn Welfl, Barbara
Frazer, Madeleine Guettner,
Jeannette Glomb, David Filip,
Evelyn Kutach, Sharon Wiese,
Eugene Henkhaus, Suzanne
Seidenberger. Marilyn Welfl has
the highest average.
Benita Sitka was the chair-
man of the decorating commit-
tee the past month. Our class-
room is decorated nicely for
Easter. Reporter, Jeannette
Glomb.
6 Eighth Grade—
The eighth graders have spent
a busy week in preparation for
Easter. Boys, as well as girls,
helped in coloring and decorat-
ing. We are indeed proud of our
colorful and appropriate Easter
decorations.
Last week we received our
report cards. The following
made the honor roll: Patricia
Vincik, Jean Marte Harabis,
Charlene Krametbauer, Rose
Marie Miculka, and Louise Va-
lis. The next time we hope to
see some boys on the honor roll.
We also received the results
of the annual Poetry Contest
conducted by the Catholic
Daughters of America. Three
students from the eighth grade
won in Division II. They are:
Louise Valis; second, Rose
Marie Miculka, and third place,
Patricia Vincik. Congratulations
on this wonderful achievement!
Reporter, Rose Marie Miculka.
9 4-H Club—
The Junior 4-H Club met
Tuesday, March 23, in the
Science Room. The meeting was
called to order by president
Louise Valis. The Secretary-
treasurer, Jean Marie Harabis,
called the roll and read the
minutes. Treasurer’s report was
also given.
Charlene Krametbauer, vice-
president, introduced the fol-
lowing demonstrations: A dairy
food demonstration given by
Madeleine Guettner, in which
she made “Tasty Cottage-
cheeze Tuna Salad,” which was
indeed very tasty; A poultry
demonstration given by Doro-
thy Galovic and Virginia Trich-
el, in which a delicious chicken
salad was prepared; A demon-
stration on how to make “Fudge
Balls”, given by Benita Sitka
which proved very successful.
Plans were discussed for
raising club funds so that the
club would have the necessary
finances to take an educational
tour, which will be discussed
later on. Miss Jo Ann Bolech
then distributed “Personal
Money Management Booklets”
and gave advice on how to use
them.
Preparation for the next
meeting were discussed and the
meeting was adjourned. Report-
er: Rose Marie Miculka.
Jay Paul Is Three
Tuesday, March 24 some of
the future beaus and belles of
the community gathered at the
Hermann Sons Hall to help lit-
tle Jay Paul Kasper, son of Mr.
and Mrs. Edward Kasper, cele-
brate his third birthday.
The twenty-seven little folks
were treated to an afternoon of
games and cartoon film strips.
After Jay Paul had opened
the numerous gifts, the group
assembled around the yellow
damask covered table for the
traditional birthday song. Re-
freshments consisting of ham
sandwiches, cup cakes in the
form of miniature Easter nests,
cookies, chips and iced punch
were served.
The table was centered with
the birthday cake which was a
green and white confection
topped with a white Easter
bunny, a nest of colored eggs
and three green candles. The
cake was encircled by a white
plastic fence with Easter lolli-
pop pickets. Each little guest
received a pop from the fence
as a favor.
Among the thirty ladies at-
tending were Jay Paul’s great-
grandmother, Mrs. Selma Zan-
der and out-of-town guests
Miss Beatrice Kasper, Mrs.
Dora McCall and Mrs. Edward
Dorns of Flatonia.
Students Home
Among students home from
colleges and universities for the
Easter holidays were from—
State University, Austin, Ber-
nard Marcak, Kennert Pfeil,
Joe Kouba Jr.; A&M College,
College Station, William Stindt,
Lawrence Gerum, Paul E. Kas-
per, Jerome Gillar; University
of Houston, Barbara Henkhaus,
Southern College of Medical
Technology, Houston, Kirwin
Kosler; Our Lady of the Lake,
Mary Ann Woolfolk; Assump-
tion Seminary, Lawrence Ma-
tula, Joseph Hybner; St. John’s
Seminary, Eugene Hybner, Rob-
ert Stluka, Ronald Kosler; St.
Mary’s University, San Anton-
io, Ronald Maneth; SWSTC,
San Marcos, George Minear,
Tommy See, Arlen Tieken,
Lewis Cook; Texas Lutheran
College, Seguin, Herbert Kar-
nau, C. A. Drabek, Dennis De-
Dear, Don Effenberger; Baylor
University, Waco, Gayle Wel-
hausen.
Mr. and Mrs. A. W. Dujka,
Donna Sue, Jay Paul and David
of East Bernard, Mr. and Mrs.
F. L. Schovajsa of Shiner spent
Easter Sunday with Mrs. Rosie
Schovajsa, Annie and Vlasta.
Eastertide visitors in the Joe
Kouba home were Mr. and Mrs.
Stanley Kouba of Houston, Mr.
and Mrs. Matt J. Lipiec and
Joe Kouba Jr. of Austin.
Pan-American’s
“FAMILY SPECIAL”
wren
DAD MOM the CHILDREN
IN LOW PREMIUM POLICY
One unit of Pan-American’s Family Special represents—
• $5,000 of Whole Life insurance on the father
• $1,000 of Term insurance on the mother (when hus-
band and wife are the same age. The amount varies
with age differences)
• $1,000 of Term insurance on all children under age 18
Plus $1,000 each of Term insurance —5=^7 . —
on new arrivals when 15 days old hWd
(includes legally adopted children)
at No Additional Cost.
Up to Five Times the amount of insurance on the child
may be converted to Life or Endowment insurance upon
expiration of insurance on the child under this plan.
Should the husband become totally and permanently dis-
abled prior to age 60, all premiums are waived and protection
will be continued for his entire family during his disability.
If he dies prior to age 65, protection will continue as though
he had lived, with all premiums on the wife’s and children’s
insurance waived.
In addition there is a" liberal annual quantity discount,
plus an additional 3^% discount per annum for premiums
paid in advance of the current premium year.
You’ll want complete information from
JOSEPH MURAS
GENERAL AGENT
Phone LY 4-3871 — P. O. Box 46; Shiner, Texas
Pan-American Life
Insurance Company-A
1 * NEW ORLEANS, U.Su
Answer: It is tobacco-tar. Nico-
tine is colorless.
Source: From an Easy Chair, Sir
Ray Lankester, K. C. B., F. R. S.
P., page 124.
Encyclopedia Britannica, 11th
Edition, Volume 19.
Spoetzl Brewery
“PATRONIZE YOVR HOME INDUSTRY”
SHINER, TEXAS---SINCE 1906
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Sedlmeyer, Lee J. & Sedlmeyer, Mrs. Lee J. The Shiner Gazette (Shiner, Tex.), Vol. 67, No. 14, Ed. 1 Thursday, April 2, 1959, newspaper, April 2, 1959; Shiner, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1168560/m1/2/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Shiner Public Library.