European Stars and Stripes (Newspaper) - August 31, 1989, Darmstadt, Hesse                                Page 10 the stars and stripes thursday. August 31.1989 columns William Buckley trying to justify that which can t be justified when a reception was Given in Washington Tor departing chinese ambassador Han Xuy. Only two american figures of note attended namely Alexander Laig and Henry Kissinger. The official . Community Croze on the event pursuant to our general policy toward China since the events of june 4 continue to maintain relations and pending contrary directions by Congress to encourage economic Exchange but be surly about the whole thing just to make it Clear How we feel. Ambassador Han has Given a speech to he forum club of the Palm beaches and before Reading it one closes one s eyes and repeats the Chestnut that Diplo Mats arc people who arc sent abroad to lie for their country. Granted that or. Han had interesting things to say. It is important to separate two questions. The first is whether the government of China could continue to tolerate the student led demonstrations. The second whether the Means by which the government finally moved arc excusable. The chinese government is acutely aware of the in defensibility of the action of. Their army with its tanks roaming about Tiana men Square shooting More or less at random with the result that somewhere Between 700 and 1,000 people were slaughtered. The reaction of the government is typically totalitarian. Rather than Cope with the problem of excusing the inexcusable the government simply denies that it happened insisting that All the shooting that was done by the army had been done in self defense. This blatant lie done in the Teeth of widespread live coverage of the event has earned the contempt it deserves. Ti1k first question did the government have the right to act has to be answered affirmatively. Of course it had the right to act. A right of a govern. Mem is not always exercised correctly but it remains a mine did. Right even As for instance the w6  to your obit we support As far As he goes nowhere at All in acknowledging that guilt of which his government was obviously guilty. And a final tantalize or i wonder whether any other government confronting such an unprecedented Chal Lenge would have handled the situation any better than government of Mossadegh in Iran had the right to nationalize the Oil Industry in 1951, and the government of the United Stales had the right pursuant to its understanding of its larger concerns of self defense to interfere inthe affairs of Nicaragua the dominican Republic and Grenada during the past generation. Ambassador Han touches Ever so lightly on his government s supreme vulnerability. And note the word ing he uses my government has stated that a mob led by a Small number of people prevented the Normal conduct of the affairs of  that sentence is one half True. The deceptive one half is that the movement in question was a popular movement not the act of a Small number of manipulators. And he goes on there was. I Reg Rel to say. Loss of life on. Both  that is James Kilpatrick the Quick answer to that is yes. Any civilized government would have used water hoses or even cattle prods. And there is the ancillary observation that if the Challenge was indeed unprecedented perhaps so were the incitements by a repressive  or. Han is unmistakably Correct on what is really the main Point which is that a government inthe modern understanding has the right to defend its Power to Rule. We arc aware that governments misappropriate rights even As the government of King George 111 can be said not to have had a right to deny the rights solicited by the founding fathers. But by most understandings King George had the same right to shoot at George Washington As the govern ment of Deng had to Clear the students out of Tianan men Square. Or. Han went on to cite the enormous economic Progress made by China during the past 10 years its Gross National product and per capita income liter ally doubled in a decade which is testimony to the extraordinary economic Progress one can make provided one draws away from the communist doctrines that alas. Or. Han s Leader Deng Xiao Ping continues to affirm. But on the principal Point he is right and the United states has nothing to gain from getting in the Way of further economic Progress in China which will be seen As the reaffirmation of the bankruptcy of communism. Deng has decreed that All White Collar chinese must have a year of indoctrination in the Field shades of Mao. But this becomes increasingly laughable in world in which people who have spent not one year but one or two or More generations attempting to serve communism Are laying Down their arms Mouth ing Only empty devotional obeisances to the Corpse of marxism leninism. Univ  press Syndicate moral of Story beware of lawyers who advertise it was at Twilight in Miami just be fore Christmas in 1982. When the rented car struck 2-Ycar-old so scr Bernard Mckinney. At first glance the child s head injuries seemed superficial but in the emergency room of Jackson memorial Hospital something went dreadfully wrong. During the course of treatment the boy went into cardiac arrest he suffered brain damage from which he will never recover. Thus began a sad Story of Law and Law yers. The Story has its heroes a pro Bate judge named Mic . Tendrich fighting lawyer named Stanley Rosen Blatt but it has its rascals also. On june 20, Florida s District court of a peal for the 3rd District handed Down a opinion that suggests a More or less Happy ending May yet materialize. I nearly so years of covering courts 1 can not recall a More sordid example of the dark Side of the Legal profession. The boy s Mother had seen the Adver Tising of lawyer Philip Auerbach on Bill boards and on television. At the time hews famous in his fashion As a Plain tiffs lawyer in personal injury cases. The infant s Mother got in touch with Auer Bach & ecu fold. Less than a month after the Accident the firm filed a suit on the child s behalf against dad land rent a car and the teen aged girl who had rent cd the automobile on her learner s per Mit. The Case was set for trial in sep tember of 1983, but in August the parties informed judge John Gale that a settlement had been reached the child through a guardian would receive s2.smillion As a settlement in full. Judge Gale approved the settlement ordered that no distribution be made without further order from the circuit court an put the matter aside. Subsequent events would be describe Das  without any authorization or order the insurance carriers Ford Adaland rent a car began disbursing the settlement fund not to the boy estate but to his lawyers. Off the lop came $1.125,000 payable to the Auer Bach firm. In addition the lawyers claimed fees for expenses for financial planning and estate  All told Auerbach & Nufeld pulled Down$1,194,000. The child through his guardian received $860,000. An additional $446,000 was allocated to his parents. This was not All. It subsequently transpired that unknown to the circuit court and its probate division Auerbach and the insurance carriers had entered into  loan receipt  this remarkable instrument treated the$2.5 million settlement As a loan to the boy s family the obligation was to be repaid from the anticipated judgment in a medical malpractice suit against the Hospital. What a Deal to shorten a Long Story. Judge ten Rich detected the malodorous Aroma of something fishy. And at about this Point Early in 1987, the boy s Mother had the Good Fortune to find Stan Rosenblatt highly respected attorney who specializes in medical malpractice litigation. He managed to get everything brought to a head. In october 1987, judge Tendrich handed Down his stinging decision. He. Declared the loan receipt agreement void As against Public policy. The court ordered the insurance carriers and Auer Bach & Neufeld to pay $2.5 million less credits into the registry of the court. On june 20 of this year the 3rd District court of Appeal. Unanimously adopted Tendrich s opinion As its  judge Alan Schwartz termed the whole scenario  he denounced the boy s supposed lawyers. As is apparent on the face of this lamentable Case Auerbach and his part ners and associates simply gained posses Sion of Money they knew belonged was meant for and should have been paid to their brain damaged client. Such con duct involves a conversion or not to mince words a theft of Selsor s property which the miscreants were properly required to return Rosenblatt won High Praise fro judge Tendrich for his efforts it should be noted that or. Rosenblatt thus far has never requested a fee from the guardianship funds for any of the work he has performed in this  Rosen Blatt tells me that eventually he expects to be compensated from a medical Mal practice award. Meanwhile the child re Mains in a vegetative state fed by a tube to his stomach. Selsor s Mother has re married. Auerbach still has his License but he no longer advertises and he faces disciplinary hearing in fort Lauderdale this fall. The Mill wheels of the Law grind slowly on if the Story has a moral it is to beware of lawyers who advertise their wares. Many of them May be reputable but some of them As this record Demon Strates demonstrably Are not. Unit Rel part Syndicate