Page 2
College Station, Texas
Wednesday, October 31, 1973
THE BATTALIO
Lease Line-
Small Claims Court Best for Landlord Disputes
By BARB SEARS
Many tenants are so frustrat
ed in trying to deal with land
lords, that they finally turn to
the Small Claims Court. This oc
curs when the tenant does not re
ceive his deposit refund and after
repeated visits with the manager,
finally decides that his only al
ternative is a judicial ruling.
However, the tenant is advised
to contact the Fair Housing Com
mission before giving up hope
for a solution out of court. The
Small Claims Court is the low
est court in Texas for it will han
dle disputes on matters involving
a maximum of $150, or $200 if
wages are the topic. The judge
is the local Justice of the Peace,
who is elected for a 4-year term
by the citizens of the county.
In Brazos County, the office of
the Justice of the Peace is locat
ed on the third floor of the Coun
ty Court House, which is right off
Texas Avenue in Bryan. One can
file the claim at this office for
$3, plus a $2 citizen fee. The cita
tion is then delivered by the police
to the landlord, a process which
will take from a day to a week.
The landlord is thus notified
about the action against him and
has ten days in which to file an
answer.
If the landlord either does not
reply or does not show up for the
hearing, then the plaintiff (ten
ant) generally wins the case be
default. But, by the same token,
if the plaintiff does not show up,
then the judge will dismiss the
charges.
Should either the defendant or
plaintiff desire, a jury can be
convened by request, and
through another $3 fee. For some
tenants this may be preferable
because a jury may be more re
sponsive to an emotional appeal,
whereas the judge is dutifully
confined by the absolute lines of
the law.
It is not a good policy, however,
to count on emotional appeal to
win ones case. The Fair Hous
ing Commission policy is to refer
cases to the Small Claims Court
WELL, FIRST LET ME EMPHASIZE MY COMPLETE FAITH IN JUDGE SIRICA
(PAUSE) A GREAT JURIST (a/a).... WHY,GOOD MORNING, BEBE (PAUSE)
I WAS JUST SITTING HERE THINKING WHAT A (CAICK) GREAT GUY
(CLICK)THAT OLD (CLICK) JUDGE SIRICA IS (CLICK) OWE).... ER,WHY
YES, RICHARD, A WONDERFUL HUMAN BEING,! ALWAYS SAID (PAUSE).
cm
Minority Representation
Last week a state legislative committee began an
investigation into possible racist policies at the University
of Texas.
Some people were upset that out of the 40,619 stu
dents at UT only 412 are black and only 101 are American
Indians. UT Student Government President Sandy Kress
has asked for an immediate increase in the number of mi
nority students there and called UT minority enrollment
programs a failure.
If statistics are reason enough for an investigation
then that state committee should cast its eyes eastward
toward Aggieland-. Last year, out of the 11,771 full-time
undergraduates here only 96 were black, 384 were Ameri
can Indians, 142 American Orientals and 297 Spanish sur
names. Of the 728 in the undergraduate College of Vet
erinary Medicine none fell in those four categories. The
total of all four minorities here last year tops by only eight
the number of international students here in 1973. The
Registrar’s Office has not tabulated the number of minori
ty students at A&M this year. The Department of Health,
Education and Welfare periodically requires information on
student ethnic backgrounds but has not asked for this from
A&M this fall.
No doubt the percentage of minorities is proportion
ately very low but can one cry discrimination? A few
years ago all mention of race was deleted from A&M en
trance applications and photos are not requested. Accord
ing to Donald Carter of Admissions and Records, anyone
is accepted who applies and meets the minimum entrance
requirements.
A&M’s recruitment system seems fair enough, since,
according to Director of Admissions Dr. Bill Lay, A&M
admission representatives are sent to all Texas high
schools that request them. “No push is made to go to
minority schools but, then again, we don’t disregard their
requests.” He added that all high schools in the state
are invited to attend A&M’s Career Day.
The blacks, particularly, are in an extreme minority
numbering only 96 last year and including many scholar
ship athletes who might not otherwise attend A&M.
Aaron Donatto, head of the Black Awareness Committee,
attributes part of the problem to a general lack of infor
mation and misconceptions blacks have about the Univer
sity. “Many blacks have the impression A&M is real hard.
It is the technical aspects of the University that are
stressed at high school programs.” He added that the
social life here is bad—for whites as well as blacks. “You
can count the number of black ‘sisters’ on one hand,” he
said.
Dr. Lay said few black high schools have “All Uni
versity nights.” Representatives, he said, went to Hous
ton’s Abraham Lincoln High School, which is predomi
nantly black, and only 10 students attended the meeting.
Donatto said he feels high school counselors are not selling
A&M to blacks and oftentimes, say it’s too hard and rec
ommend Prairie View A&M.
Minority representation here and at UT is definitely
an unfortunate situation that needs remedy. But before
a state committee looks at state college discrimination it
should consider the basic socio-economic problems faced
by Texas minorities and the high school environments
they face.
Cbe Battalion
Opinions expressed in The Battalion are those of
the editor or of the writer of the article and are not
necessarily those of the University administration or
the Board of Directors. The Battalion is a non-profit,
self-supporting enterprise operated by students as a
University and Community nezvspaper.
LETTERS POLICY
Letters to the editor should not exceed 300 words
and are subject to being cut to that length or less if
longer. The editorial staff reserves the right to edit
such letters and does not guarantee to publish any
letter. Each letter must be signed and show the address
of the writer.
Address correspondence to Listen Up, The Battalion,
Room 217, Services Building, College Station, Texas
77843.
Members of the Student Publications Board are: Jim
Lindsey, chairman ; Dr. Tom Adair, Dr. R. A. Albanese, Dr.
H. E. Hierth, W. C. Harrison, J. W. Griffith, L. E. Kruse and
B. B. Sears.
Represented nationally by National Educational Advertising
Services. Inc, New York City, Chicago and Los Angeles.
The Battalion, a student newspaper at Texas A&M, is
published in College Station, Texas, daily except Saturday,
Sunday, Monday, and holiday periods, September through
May, and once a week during summer school.
MEMBER
The Associated Press, Texas Press Association
Mail subscriptions are $3.50 per semester; $6 per school
year; $6.50 per full year. All subscriptions subject to 5%
sales tax. Advertising rate furnished on request. Address:
The Battalion, Room 217, Services Building, College Station,
Texas 77843.
The Associated Press is entitled exclusively to the use for
reproduction of all news dispatches credited to it or not
otherwise credited in the paper and local news of spontaneous
origin published herein. Right of reproduction of all other
matter herein are also reserved.
Second-Class postage paid at College Station, Texas.
EDITOR MIKE RICE
Assistant to the Editor Rod Speer
Managing Editor Greg Moses
News Editor T. C. Gallucci
Photo Editor Rodger Mallison
Sports Editor Kevin Coffey
Ass’t. Sports Editor Ted Boriskie
only when the landlord has been
blatantly wrong.
There are possibilities, though
in which a sympathetic jury could
be helpful. For example, the ten
ants lease might say that he
agrees to abide by the rules of
the landlord. But then the land
lord takes a disliking to this ten
ant and decides to apply some ex
treme regulations to his case, like
not allowing him to rearrange his
furniture, not allowing visitors
of the opposite sex to enter the
apartment, not allowing guests of
another race to visit, etc. These
are unfair restrictions, and yet
the tenants lease stated that he
would abide by the rules of the
landlord. In this case, a jury
might be the best audience be
cause the jurors would probably
sympathize with the plight of the
tenant in having to face such un
reasonable regulations.
The procedure followed in the
Small Claims Court is less formal
than in any other courtroom. Usu
ally, neither side has a lawyer,
but each is responsible to pro
duce whatever witnesses or evi
dence is necessary.
In the case of a security depo
sit dispute, the tenant must prove
that he paid the deposit, by hav
ing a receipt or the testimony of
his roommates or others. It is best
if the tenant can also have his
checklist to verify the condition
of the apartment before and aft
er he lived there, but again, wit
nesses may be used. It is up the
landlord to prove that the dam
ages to the premises were more
than normal wear and tear.
The plaintiff (tenant) should
prepare in advance by organizing
his thoughts about dates, places,
important facts, and he should
bring all related documents and
CADET SLOUCH
witnesses along with him.
It is the judges duty to
the case a full hearing i(t
sides are there, and he may
questions and even call witnia
himself. The judgement ofj
Small Claims Court can be
pealed to the County Coat!
there is more than $20 in dispi
The Small Claims Court
used by landlords in evictions®
The landlord can sue the tei®
for possession of the premisesii
er non-payment of rent or ii
tenant won’t move out after
lease has expired.
Listen Up—
Tradition Fine-Keep It
Out of Others’ Throats
by Jim Ear
r<
/
/
Editor:
Re: Larry Jones on the Aggie
Band (Oct 25)
I am a former student of A&M
and understand the tradition be
hind yell practice, etc. after each
game. However I feel it’s time
that policy is re-examined in light
of the criticism A&M has receiv
ed in the Lubbock area since the
A&M-Texas Tech game. The Tech
band director was publicly critical
of the A&M band, as were many
non-partisan observers. The im
age of TAMU was hurt by the
incident.
The avowed purpose behind the
Tech band’s post-game perform
ance was to keep people in the
stands to let traffic clear. The
Aggie Band should have recog
nized Tech’s right to play, espe
cially since it was the Raider’s
home game.
Rather than trying to drown
out the home team band, my sug
gestion is that the two band di
rectors come together to decide
how post-game activities can best
be carried out.
Tradition is fine, but let’s not
force it down the throats of other
schools when we are their visitors.
Joel Sheffield ’71
Lubbock
★ ★ ★
Editor:
We have been the victims of
careless and mindless students
living in one of the civilian dorms
in the Corps area. Our room is in
Utay Hall.
Our window has been broken
three times this semester, and at
least twice it was done by some
one on the ground playing catch
with people in an upper floor
window above ours. It was broken
once just before school started,
a second time on Oct. 26 and a
third time on Oct. 28. One of us
was in the room the third time
and could have easily been injur
ed by flying glass.
This sort of behavior fits a mo
ron with synapses that backfire,
but is inexcusable for an Aggie.
We hope that persons playing
football, etc. on the quad will
come to their senses and move
their games to the intramural
field across the street. The win
dow will be repaired, but we have
no protection againt the micro-
cephalic idiots who continue to
play football around our window.
Our dorm supervisor told us that
he was powerless to stop these ac
tivities. Therefore, we ask that
someone in a position of authority
act on our complaint, make our
suggestion a rule and enforce it
strictly.
John Spivey ’77
Jerry Pearce ’77
Contact Dean of Men Charles
Powell’s office or his assistant,
Ron Blatchly. Either can help
settle the matter. Your last re
course would be Vice President
for Student Services John Kol-
dus—Ed.
/
\M»/
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“Where can I lodge an official complaint about
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