El Paso Times from El Paso, Texas • 8

DIAL 532-1661 THE EL PASO TIMES El Paso's HOME Newspaper Thursday, July 13, 1972 Want Ad Dept. 532-1971 Page 8-A Fischer Walks Out Heatly's Title Insurance Firm Annually Flouts Law Vasectomy Suit Time Limit Hearing Due AUSTIN, Tex. (AP) The Texas Supreme Court agreed Wednesday to Russian Captures First Chess Game REYKJAVIK, Iceland (AP) With a hopeless position on the chess board, Bobby Fischer walked out for 30 minutes Wednesday, then returned to lose the first game of the world chess championship to Borris Spassky, the Russian title-holder. After the game was over Fischer told the man who taught him the moves of the game when he was a boy in Brooklyn, N.Y., that "it will settle down." It was a bad day all around for the 29-year-old American. In addition to conceding Spassky, a one to nothing lead in the score at the outset of the 24-game match, Fischer developed some more money trouble.

News from London was that James Slater, who sweetened the pot with 50,000 nounds about $120,000 wouldn't be audits ever came to his attention before this year. Goodrich mailed form letters in May to several dozen agents who had not submitted audits, informing them they were delinquent. The file of each agent was flagged in the agent licensing section, meaning his license would not be sent out until his audit was received. Heatly's file was flagged, too. Heatly replied to the form letter with an answer he had been giving for years he had mailed in his profit-loss report, which is not the same as a CPA audit.

Cotton said Goodrich came to him and "asked what to do about Heatly." Goodrich said he was unaware then that Heatly was off the appropriations committee. "I said, 'Let it wait for a while," which he translated as, 'Go ahead and license Cotton said. He added that he told Goodrich to wait "until I decided what action to take It was my intention to review this problem (audits of srrfall agents) as a whole." Asked how he interpreted Cotton's remark as instructions to give Heatly his 1972 license, Goodrich replied, "What other interpretation would you give it?" -3V AUSTIN, Tex. (AP) Texas insurance regulators have annually licensed a title insurance agency owned by Rep. W.

S. Heatly of Paducah, despite its failure to submit reports required by law. Heatly contends the annual audits are not mandatory, but State Insurance Department officials say they are. Jones and Renfrow, Abstracters, located in the Heatly Building in Pacucah and owned by Heatly, has not had an audit by a certified public accoutant since the requirement took effect in 1967, confidential records of the insurance department show. Ira Goodrich, head of the department's title section 'acknowledged that only Heat-ly's firm-out of 547 title agencies in Texas-has been permitted to flout the requirement.

Until March 27, Heatly was chairman of the House Appropriations Committee and could virtually make or break the department's budget. He also is a member of the House Insurance Committee. FEARED HEATLY Goodrich indicated he feared Heatly might-if crossed-sabo-tage the Texas Ttile Insurance Act, passed in 1967 following the collapse of a major title insurance company. "I would hate to see this act destroyed, and I think he could get some people out in the boondocks to support him, and that's my real concern," Goodrich said. Among other things, the act requires annual audits of each title insurance agent's escrow funds money received from property buyers and lending institutions to close real estate sales.

Failure to submit the audit is grounds for license revocation, after notice and hearing. MAILED FORM LETTERS wheel chair. Collins taught Fischer the game. Fischer rolled down the car window and said, "I'm sorry. It will settle down." Fred Cramer, a U.S.

Chess Federation official who sometimes speaks for Fischer, said the American would take some strenuous physical exercise Wednesday night to get in shape for his second game with Spassky on Thursday. When Spassky left, a crowd shouted congratulations. The Russian came to the hall Wednesday expecting to win, his associates reported. He was unruffled throughout his faultless chess play. Robert Byrne, a U.S.

grandmaster and second-ranked player in the United States, said after the game: "It isn't necessarily all that significanf. Either of these players can come back end win." POINT AWARDED Under scoring rules, one point is awarded for a victory and a half point goes to each player for a draw. As defending champion, Spassky needs only 12 points in the 24 games to retain his title. Fischer must score 12 to seize it and put an end to a 24-v ear Soviet monopoly. Fischer has played six games with Spassky and has yet to win.

He lost four times playing the black pieces and drew twice when he played white and had first move. Fischer plays white Thursday. With a one-up leg on the score, Spassky gained an important psychological advantage in the view of experts like former Yugoslav champion Svetozar Gligo-ric. Experts observed the course of the play was astonishing in retrospect: Spassky made no attempt to hasten exploitation of the slight advantage which the white pieces and first move gave him. Until Fischer's costly pawn capture at the 29th move on Tuesday, the game proceeded dully, with Spassky inviting exchanges and the prospect of a colorless draw.

Interslate's BnrTTiTTTt ll'l-jg DOWNTOWN PIONEER PLAZA PLAZA decide how much time a man should have to sue a docto for a vasectomy that doesn'twork. The court also upheld a $2 million breach of contract judgment against the city of Houston. In the vasectomy case, Mr. and Mrs. Charles Hays appealed lower court decisions that the two-year time limit for suing their doctor had run out before they filed suit.

Case records showed these events: Dr. R. W. Hall, an Arlington osteopath, performed a vasectomy on Hays July 28, 1966, after Mrs. Hays had borne two children one of whom died with a spinal defect.

PREGNANT AGAIN A physician determined Mrs. Hays was pregnant on Sept. 27. Hays went back to Hall, who ran a new sterility test and assured him the vasectomy had worked. Mrs.

Hays had the baby in 1988. It had a spinal defect and died nine months later. Mrs. Hays was pronounced pregnant again in July 1968. The osteopath again tested Hays and told him he could not father children.

A healthy child was born to the couple on Feb. 9, 1969, and they filed suit against Hall in May 1969, alleging negligence, misrepresentation and breach of implied warranty. They sought actual damages for medical and hospital bills for the two children born after the vasectomy, funeral expenses for the child who died and funds to rear the one who lived, plus recompense for mental anguish, pain and suffering and "loss of consortium" during Mrs. Hays' last two pregnancies. Both a Fort Worth trial judge and the Eastland Court of Civil Appeals ruled the two-year statute of limitations for malpractice suits had run out before the Hays filed their suit.

TIME RAN OUT The Eastland Court said the two years began running on July 28, 1966, the day of the vasectomy. But the Hays' lawyers contend in their appeal it began on Sept. 27, 1957, the day Mrs. Hays learned she was pregnant. The Suprpeme Court ruled it could find "no reversible error" in a lower court decision that the City of Houston breached its contract for garbage disposal by United Compost Services, Inc.

A jury awarded the firm $2 million. Houston officials asserted the firm's garbage composting plant emitted foul odors during its shakedown period. The city refused to deliver garbage to the plant. BOODIRTOWM COMPLETE SHOW LATE PLAZA MATINEES DAILY 2ND HIT "COLD TURKEY" The largest city in Ecuador is Guayaquil, with a population of about 700,000. rVTtfc fttotucTion TFCHNICOLOP from Warner OPENS 6:45 P.M.

FEAT. P.M. After Atty. Gen. Crawford Martin began investigating the matter in June, Cotten obtained an affidavit from Heatly saying the title firm received no escrow funds.

Cotten said he doubts Heat-ly's failure to submit the yulrynner0S RAQUEL welch able to get his money out of England because of currency restrictions. Slater's donation, which pushed the total prize money to $300,000, enticed Fischer to end his holdout at the scheduled start of the match July 2. Asked about Slater's problem, Fischer snapped, "No comment." PLAY LASTED 63 MINUTES The play lasted only one hour and three minutes. It was the continuation of a game begun. Tuesday and adjourned after 40 moves with Fischer in a position the experts said would give him only a draw at best.

Spassky had his king, a bishop that controlled the black diagonals and three pawns. Fischer was down to his king and five pawns, two of them loose on the king's side. One of Spassky's pawns threatened a Fischer pawn when play concluded Tuesday night. In the first move Wednesday, Spassky captured the pawn. Fischer recaptured with his king and the game turned into an effort by Fischer to push his pawns a square at a time to the last rank under the escort of his king.

Suddenly after five minutes of play and some indecisive sparring, Fischer stood, spoke animatedly to chief referee Lothar Schmid of West Germany and disappeared with his long rolling gait through the beige curtains offstage left. Fischer strode to his backstage dressing room where he told Schmid, who followed him, that he wouldn't continue play unless a movie camera 150 feet from the chess board was ordered shut off. It was barely visible from where Fischer sat Schmid said he couldn't order the camera removed. STAYS AWAY Fischer stayed away for 30 minutes while his clock continued to devour time. He returned tn continue the struggle, making his 44th move, an ineffectual sidestep with his king.

In ensuing play all the pawns on the king's side were lost. Fischer shifted his king in a hopeless struggle to the other side of the board, where two of his pawns and two of Spassky's blocked each other's passage. Fischer couldn't unblock because Spassky's bishop could protect his position from long range. Finally, after Spassky's 56th move his king approached the jam on the queen's side Fischer resigned. He reached over and stopped his clock.

He offered Spassky his hand, folded his scorecard and walked out pausing once to wave to the audience, which was applauding the Russian. IT WILL SETTLE Fischer left the hall by the stage door whitefaced and hurried to a waiting car. From the car he spotted John Collins, a paraplegic sitting a few feet away in a EL PASO'S POPULAR ENCORE THEATRE! 1 1 1 n' esrali Four Men Die In Belfast Gunfire BELFAST, Northern Ireland (AP) Four men died on Tuesday in shooting incidents on the eve of the big Protestant parades that threaten to touch off widespread clashes with rival Roman Catholic mobs. Police banned all traffic from the center of the capital. They cordoned off downtown streets in an attempt to head off bomb and gun attacks before the traditional July 12 parades, potentially the occasion for the worst communal violence of the year.

Chi Rho will present a Youth Oriented Program in St. Paul's on Wednesday night and will travel to St. John's Lutheran Church on Thursday for a special presentation. in old Mexico and in Texas the Davis Mountains, Ft. Davis National Historic Site, McDonald Observatory and the Lower Valley of El Paso.

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