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Antarctic argument
Sale of ill-fated explorer’s items angers family, historians
LONDON (AP) — The relics,
now under glass at Christie’s auction
house, serve as a poignant reminder
of Britain’s golden era of Arctic ex
ploration and the epic tales that
made icons of both Capt. Robert
Scott and Sir Ernest Shackleton.
Many of the objects, including
the sled flag Scott flew at the South
Pole when in 1912, were recovered
from the tent where the bodies of
Scott and two colleagues were dis
covered, frozen in their sleeping
bags. Scott was the second person
to reach the South Pole.
Christie’s plan to auction the be
longings of Scott and Shackleton,
who failed in a quest to be first to the
South Pole, has divided family mem
bers and upset historians.
“It’s all very sad,” David Wil
son, whose great-uncle, Edward
Wilson, froze to death with Scott,
said. “It’s a tragic twist in the trag
ic tale of Captain Scott.”
"ft's all very sad.
Its a tragic twist
in the tragic tale
of Captain Scott”
— David Wilson
Descendant of Scott companion
Friday’s auction was announced
only last week, angering British
museums and historical societies.
which have launched fund-raising
campaigns to compete in bidding.
“With items of national signifi
cance, you would think institutions
would be given the option of secur
ing them for the nation instead of
them being popped into the auction,”
Richard Ormond, director of the Na
tional Maritime Museum, said.
John Heap, chair of Britain’s
Antarctic Heritage TYust, said he
feared many of the items in Fri
day’s sale will end up in the Unit
ed States, where a Shackleton re
vival of sorts is under way.
The Christie’s auction is expect
ed to raise about $804,000 for the
owners of the memorabilia: Scott’s
grandson, R. Falcon Scott; Scott’s
family trust; and relatives of Shack-
leton’s oldest son, Raymond.
Israeli smoking lawsuit rejected
Jerusalem court throws out case against cigarette manufacturer
JERUSALEM (AP) — A judge rejected a health in
surance company’s lawsuit against a local cigarette
manufacturer yesterday, ruling that a successful suit
would subject just about any product to sanctions.
The Kupat Holim Maccabi health fund demanded
the Dubek cigarette company assume responsibility
for the smoking-related deaths or sickness of hundreds
of thousands of Maccabi clients.
But Tel Aviv District Court Judge Adi Azar ridiculed
the suit, saying that accepting the claim would make
it impossible to sell anything but lettuce and tomatoes
in Israel, the local army radio reported.
In his written decision, Azar reasoned that if ciga
rette manufacturers could be found liable for illness,
automakers could be held responsible for traffic acci
dents and hamburger cooks for obesity.
Azar not only threw out the lawsuit, but also or
dered the health fund to pay the cigarette makers
$7,000 in court costs.
Alon Gellert, a lawyer for Maccabi, dismissed the
army radio’s interpretation of Azar’s ruling, saying
the judge had rejected the suit on technicalities, not
on principle.
Gellert said the lack of a specific figure in the suit
was one of the main reasons Azar rejected the suit.
“The judge didn’t close the door, far from it,”
Gellert told the Associated Press. “He only said that
the suit can’t be filed this way.”
Gellert said the health fund would resubmit the
case, naming a damage claim for hundreds of mil
lions of dollars.
Health ministry figures show 28 percent of Israelis
smoke, and 5,000 of Israel’s 6.1 million citizens die of
smoking-related illnesses each year.
PUBLIC NOTICE
BRIEF EXPLANATORY STATEMENTS OF
PROPOSED
CONSTITUTIONAL AMENDMENTS
Special Election
NOVEMBER 2, 1999
% PROPOSITION NO. 1
ON THE BALLOT
H|R. 44 - HJR 44 proposes a constitutional
amendment that would ensure a clear suc-
|&5sion in event of vacancies in the offices
ofGovemor and Lieutenant Governor. Spe
cifically, the amendment would provide that
if after qualifying for the office, the Gover-
por is temporarily unable to serve, the Lieu-
teftant Governor shall act as Governor until
the Governor is able to serve; but if the Gov
ernor is permanently unable to serve, the
Lieutenant Governor shall become the Gov
ernor for the remainder of the unexpired term.
The amendment would require a Lieutenant
Governor who becomes Governor to forfeit
the office of Lieutenant Governor. The
amendment would also provide similar suc
cession procedures when a vacancy occurs
in the office of Governor before the newly
elected Governor qualifies for office, and
when the newly elected Governor is tempo
rarily unable to take office. The amendment
also would provide that if there is a tempo
rary vacancy in the office of Lieutenant Gov
ernor, the President pro tempore of the Sen
ate will fill the position; but if there is a per
manent vacancy in the office of Lieutenant
Governor, the President pro tempore of the
Senate shall serve as Lieutenant Governor
only until such time as the whole senate can
convene to elect one of its members to per
form the duties of Lieutenant Governor. Fi
nally, the amendment would provide that if
the Lieutenant Governor, while temporarily
exercising the powers of the Governor, be
comes temporarily disabled or unable to
serve, the President pro tempore of the sen
ate shall exercise the powers and authority
of the office of the Governor until such time
as the Governor or Lieutenant Governor re
assumes those powers and duties.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to revise the provisions for the filling
of a vacancy in the office of governor or lieu
tenant governor.”
PROPOSITION NO. 2
ON THE BALLOT
SIR 12 - SJR 12 proposes a constitutional
amendment that would resolve conflicts be
tween the Texas Constitution and federal law
relating to the definition, rules, and proce
dures of reverse mortgages. The amendment
would define “reverse mortgage” in part as
an extension of credit made against the home
stead of a person who is 62 years or older, or
whose spous< is 62 years or older. It would
expand the list of circumstances under which
payment of principal and interest become due
and the procedures involved in foreclosure,
and would require certain advances to be
made according to specific terms in loan
documents, including advances by the lender,
on behalf of the borrower for payments nec
essary to protect the lender’s interest. Finally,
the amendment would require the Texas Su
preme Court to promulgate rules of civil pro
cedure expediting court-ordered foreclosures
of reverse mortgage liens.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment relating to the making of advances un
der a reverse mortgage and payment of a re
verse mortgage.”
PROPOSITION NO. 3
ON THE BALLOT
HJR 62 - HJR 62 proposes a constitutional
amendment that would simplify and clarify
the language of the Texas Constitution. The
amendment would make no substantive
changes, but would eliminate duplicative,
expired, out-of-date, and ineffective terms.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to eliminate duplicative, executed, ob
solete, archaic, and ineffective provisions of
the Texas Constitution.”
PROPOSITION NO. 4
ON THE BALLOT
HJR 4 - HJR 4 proposes a constitutional
amendment that would broaden the defini
tion of charitable organizations. The amend
ment would exempt from ad valorem taxa
tion the property of any organization engaged
primarily in public charitable functions, and
it would allow such an organization to con
duct additional activities to support its chari
table functions.
T4& proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to authorize the legislature to exempt
property owned by institutions engaged pri
marily in public charitable functions from ad
valorem taxation.”
PROPOSITION NO. 5
ON THE BALLOT
SJR 26 - SJR 26 proposes an amendment that
would remove the restriction prohibiting state
employees who receive all or part of their
compensation from the state from serving as
members of a governing body of a school
district, city, town, or other local governmen
tal district unless the state employee receives
no salary for such service. The amendment
would allow state employees to receive com
pensation from the governing bodies of
which they are members.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment allowing state employees to receive
compensation for serving as a member of a
governing body of a school district, city,
town, or other local governmental district.”
PROPOSITION NO. 6
ON THE BALLOT
SJR 22 - SJR 22 proposes a constitutional
amendment that would increase the maxi
mum size of an urban homestead, which is a
homestead in a city, town, or village, from
one acre to ten acres and require the urban
homestead to be composed of either a single
lot or several lots that are adjacent to one an
other. The amendment also would provide
that the urban homestead must be used as a
home or as both a home and place of busi
ness, whereas current law does not require
that an urban homestead that is used as a place
of business be used also as a home.
Current law further allows a person to se
cure a home equity loan on their homestead,
provided that the loan does not overburden
the.homestead. That is, the principal amount
of the home equity loan, when added to the
total of the outstanding principal balances of
all other indebtedness secured against the
homestead, does not exceed 80 percent of the
fair market vajue of the homestead on the
date the extension of credit is made. The
proposed amendment would clarify current
law by specifically allowing home equity
loans on all or part of urban homesteads of
up to ten acres and subject such loans to the
same requirement that the refinanced or new
loan not overburden the homestead.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment increasing the maximum size of an ur
ban homestead to 10 acres, prescribing per
missible uses of urban homesteads, and pre
venting the overburdening of a homestead."
PROPOSITION NO. 7
ON THE BALLOT
HJR 16 - HJR 16 proposes a constitutional
amendment that would provide that if an em
ployee is delinquent in paying court-ordered
spousal maintenance, a portion of that
employee’s wages may be withheld to pay
the spousal maintenance. Current law allows
such withholding, or garnishment, only for
payment of delinquent court-ordered child
support.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment authorizing garnishment of wages for
the enforcement of court-ordered spousal
maintenance.”
PROPOSITION NO. 8
ON THE BALLOT
HJR 95 - HJR 95 proposes a constitutional
amendment that would provide that the ad
jutant general, who is appointed by the Gov
ernor and who serves as the governing of
ficer of the state military forces, serves as
long as the Governor wishes the appointed
person to serve in that capacity rather than
serving a specific two-year term set by the
legislature.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to provide that the adjutant general
serves at the pleasure of the governor.”
PROPOSITION NO. 9
ON THE BALLOT
SJR 10 - SJR 10 proposes a constitutional
amendment that would authorize the legisla
ture to create a judicial compensation com
mittee to make recommendations for salaries
for the justices and judges of the Supreme
Court, the Court of Criminal Appeals, the
Courts of Appeals, and the District Courts.
The amendment would mandate that the rec
ommendations become law if neither the
Senate nor the House of Representatives re
jects them by majority vote.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment authorizing the legislature to create a
judicial compensation commission."
PROPOSITION NO. 10
ON THE BALLOT
HJR 74 - HJR 74 proposes a constitutional
amendment that would provide that the com
missioner of health and human services, who
is appointed by the Governor, serves as long
as the Governor wishes the appointed per
son to serve in that capacity rather than serv
ing a specific two-year term set by the legis
lature.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to provide that the commissioner of
health and human services serves at the plea
sure of the governor.”
PROPOSITION NO. 11
ON THE BALLOT
HJR 69 - HJR 69 proposes a constitutional
amendment that would authorize a county,
city, town, or other political subdivision to
spend public funds or extend credit to pur
chase nonassessable property or casualty in
surance from a mutual insurance company
authorized to do business in Texas. Under
current law, a political subdivision is gener
ally prohibited from spending public funds
or extending credit to become a stockholder
in a corporation but is permitted to purchase
nonassessable life, health or accident insur
ance policies from a mutual insurance com
pany authorized to do business in Texas. This
amendment would authorize a political sub
division to also obtain non-assessable prop
erty and casualty insurance from such a com
pany.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment permitting a political subdivision to pur
chase nonassessable property and casualty in
surance from an authorized mutual insurance
company in the same manner that the politi
cal subdivision purchases life, health, and ac
cident insurance.”
PROPOSITION NO. 12
ON THE BALLOT
SJR 21 - SJR 21 proposes a constitutional
amendment that would exempt from ad va
lorem taxation a leased motor vehicle that is
not used by the lessee primarily to produce
income. The amendment would provide that
the legislature also may limit the ability of a
political subdivision to subject such a vehicle
to taxation.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to authorize the legislature to exempt
from ad valorem taxation leased motor ve
hicles not held by the lessee primarily to pro
duce income.”
PROPOSITION NO. 13
ON THE BALLOT
SJR 16 - SJR 16 proposes a constitutional
amendment that would authorize the legisla
ture to allow the Texas Higher Education Co
ordinating Board to issue and sell general ob
ligation bonds in an amount not to exceed
$400 million in order to finance educational
loans to students. The amendment also would
authorize the Legislature to limit the amount
of interest the bonds can bear and establish
procedures for the investment of the bond
proceeds. The proposed amendment would
specify the method of repaying the bonds.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment providing for the issuance of $400 mil
lion in general obligation bonds to finance
educational loans to students.”
PROPOSITION NO. 14
ON THE BALLOT
HJR 29 - HJR 29 proposes a constitutional
amendment which would authorize the Leg
islature to require the board of regents of the
state university and boards of trustees or
managers of the educational, charitable, and
penal institutions of the state, whose mem
bers serve six year terms, to be composed of
an odd number of three or more board mem
bers (for example, 5, 7, or 9 members). The
proposed amendment would allow approxi
mately one-third of members of boards
whose membership is not evenly divisible by
three to be elected or appointed every two
years. The amendment also would allow the
Legislature to set the composition of consti
tutionally required boards, whose members
serve for a term of six years, to a number
divisible by three so that exactly one-third
of the board members may be elected or ap
pointed every two years.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment authorizing the legislature to provide
that a state board, commission, or other
agency shall be governed by a board com
posed of an odd number of three or more
members ’
PROPOSITION NO. 15
ON THE BALLOT
HJR 36 - HJR 36 proposes a constitutional
amendment that would allow spouses, by an
agreement in writing, to convert all or part
of their separate property into community
property.. Separate property is primarily the
property owned or claimed by the spouse
before marriage and the property acquired by
the spouse during the marriage by gift or in
heritance. Community property consists of
the property, other than separate property,
acquired by either spouse during marriage.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment permitting spouses to agree to convert
separate property to community property.”
PROPOSITION NO. 16
ON THE BALLOT
HJR 71 - HJR 71 proposes a constitutional
amendment that would allow a county with
a population-of 50,000 or more, rather than
30,000 or more, to be divided into four to
eight justice of the peace and constable pre
cincts. The amendment also would allow a
county with a population between 18,000 and
50,000 to have two to eight justice of the
peace and constable precincts, rather than the
current maximum of five precincts. Further
more, the amendment would limit Randall
County to not less than two and not more than
six precincts. Finally, the amendment would
set a minimum of four precincts for any
county that as of November 2, 1999, is di
vided into four or more precincts.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment to provide that certain counties shall
be divided into a specific number of pre
cincts.”
PROPOSITION NO. 17
ON THE BALLOT
HJR 58 - HJR 58 proposes a constitutional
amendment which would require the board
of regents of the University of Texas System
to manage investments of the permanent uni
versity fund (PUF) according to the standards
of a prudent investor. Generally, earnings
from the PUF are distributed to the available
university fund (AUF) and then ultimately
distributed to the public university systems
of Texas. Under the amendment, the amount
distributed to the AUF would consist of dis
tributions, as determined by the University
of Texas System board of regents, from the
total return on all investment assets of the
PUF, instead of consisting only of the divi
dends, interest, and other income of the PUF
minus administrative expenses. The amend
ment also would provide guidelines for mini
mum and maximum amounts to be distrib
uted to the AUF, and require that the board
of regents manage distributions to the AUF
in a manner that will provide the AUF with a
stable and predictable stream of annual dis
tributions and maintain the purchasing power
of the PUF investments and annual distribu
tions to the AUF.
The proposed amendment will appear on the
ballot as follows: “The constitutional amend
ment relating to the investment of the per
manent university fund and the distribution
from the pennanent university fund to the
available university fund.”
Estos son los informes explanatorios sobre
las enmiendas propuestas a la contitution que
aparecefrin en la boleta el 2 de noviembre
de 1999. Si usted no ha recibido una copia
de los informes in enpanol, podra obtener una
gratis por llama al 1/800/252/8683 or por
escribir al Secretario de Estado, P.O. Box
12060, Austin, Tx 78711.
Published by Secretary of State Elton Bomer
Battalion
Russians!
to abandPp^
Mir statil
MOSCOW (AP) -
space station will bei
next year as planned an;j
will switch to contribute
ternational projects ins
ploration, a top space]
said yesterday.
Russia can no 1
maintaining Mir. Thespil
lion's last full-time crew le: ‘
■uman
beings
.have
JI significant
gust, am the station* « nl T1
edonlybneflybyati*l , insisl
'■ext year to pteture ;ii* he _
IMjnfor its final descenttoi; «P stu .
Most of the station
up as it reenters theatmc
and some remnants wi‘
the Pacific Ocean.
“We have alreadyi
choice,” Yuri Koptev.hea
Russian AerospaceAgoB se t ‘ ieni
a new -' (onferenceyestfl*ds to stop.
things. For
mple, the
alence of c
ong the driv
the increas
cording to the ITAR-Ta*ellular pho
v. “We have enteruitous commu i
agenc y .
national cooperation. Be. allow an
Russian space expaBalk to anyoi
long delayed the dec Isi 1 . It is an ini
abandon the 13-year-old.iency and con
last symb<>1 of the counmled in the ret
neering role in space B-iowever, i n
source of national pridely that Capta
out the Mir, Russia willaBthe “seducti
major space project ofu if ne week,” c
Even after the decisi )by:ure the lar
made, Russian official: toi of the imm
the station’s final day inc iJnment of th
til next year, hoping lorMej-
expected source of funduMiyccording t c
peated efforts to attract{iBhway Tr.iffi <
investors have faitoigtion, studies
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