Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-09-04

Of q human being through careless
ness and negligence. II a mar does
a careless act in such a way. wheth-
er il is a violation Of IN law or
not. that some person might be kill
ed thereby. and some person Is
thereby killed. he is guilty Of negli-
gent homicide.
"Let me illustrate: Automobiles
are parked against The sidewalk. A
traffic lane II opened. going up and
down the street. A man walks out
aud gets in his car and starts 1t,
throws in his clusch and backs out
without looking 20 sec If there Is
anything in that traffic lare. That
is an act OF carelessness and negli-
Rence that might cause the death Of
some person If he did that thing
in that way. III he did back into
some person and cause the death Of
some person that is negligent homi-
eide. Now. that act OF negligence
applies to any act Of negligence
that might cause the death Of some
person If a man in the commission
Of a misdemeanor. any misdemeanor
~ FA044@AA& ~ oR%~4 Jaw " 80
stance. should cause the death Of
scme person through carelessness
and negligence. he IL also guilty Of
negligent homicide Of the highest
degree.
Flags Drunken Drivers
"In that connection we have a
lew that makes IL a felony to cper-
ate an automobile on any public
street of any town or city or upon
any public highway or public road
while under the influence to n
degree Of intoxicating liquor Now,
it being a felony to operate an
automobile on the roads and streets
while under the influence Of intoxi-
eating liquor, IL in doing that the
driver causes the death of some per-
son. that offense is murder. because
il the person in the commission Of
a felony commits some other act he
is to be tried for the act he actually
committed.
"You probably may find in your
Investigations that loss OF life has
occurred in this county recently;
that is. since the last grand jury.
on our public highways By men
operating automobiles while under
the influence OF Intoxicating liquor.
II they have and the evidence is
satisfactory to the grand jury it Is
the duty Of the grand jury to return
bills Of indictment for murder. IL
in the trial of the case finally it
should not be made plain beyond
a reasonable doubt that Il was muir
der. but is made plain beyond a rea-
sonable doubt that It was a negli-
gent act the party on trial would
be convicted OF negligent homicide.
I'VE have spent a world of none
in this county for highways. We
are still spending money. I was
surprised the other day in figuring
up: this county and the two adjoin-
Ing counties. the three counties
combined. are now engaged in
~spendinr nearly $50. 000. 900 on pub
lie highways. a world Of money. The
people who pay the money 70 those
highways are entitled to enjoy the
use Of those highways with every
safety that the law throws around
the operation Of an automobile or
the traveller upon the public hirh-
ways They are entitled TO do that
in safety. and the only way that
we can compel some people to be
careful upon our highways is to
enforce the laws given to us with
reference to traffic and the law OF
negligent homicide while driving
when drunk is a part Of the traf-
fie laws for the protection of peo-
pie generally on the highways.
The most dangerous man that
gets on the highways. the most dan
gerous a TO the people moving
about generally. Is the man who
operates an automobile when his
brain is clogged up with booze. He
cannot think straight; he cannot
see straight and his nerves don't
onerate straight: ard every man on
the highway, every man and woman,
Is taking q chance against that fell
low and don't know that he Is there.
IL would be less dangerous for a
man to stand and shoot a hizh-pow-
cred gun across the heavily-traf-
licked highways of Cameron county
than 10 ret out with his brain fog
ged IN with whiskey. in a high
powered car and wobbie Up and
down this highway. Grand juries
and courts should nave no mercy on
men who endanger the lives Of the
nukff~ L~~ .t-f~ks-- IT. -