Social and economic rights
Ukraine among the first 20 states ratified the International Pact on Economic, Social and Cultural Rights (three years before the input of the Pact in to action).
But most of the already declared by Ukraine social and economic rights are not provided. Our country now can't provide citizens with certain life standard.
In 1990-1993 the Supreme Council accepted some laws, which should become the guarantor of social protection of the population: the laws "On the Status and Social Protection of Citizens Damaged as a Consequence of Chernobyl Accident", "On Employment of the Population", "On the Bases of Social Protection of Invalids", "On the State Help to Families with Children" etc. But in practice these laws were not realized.
A characteristic feature of the modern social and economic situation in Ukraine is constant decrease of the level of life of the majority of the population, which is under pressure of inflationary processes and recession of manufacture.
Today mass misery of the population is the factor, which considerably influences the formation of consciousness of people, of their attitude to updating of society. The success and the prospects of reforms in Ukraine depend on whether the existing political parties and movements will manage to ensure social support of reforms. The experience of the last years testifies that conditions for occurrence and constant reproduction of subjects of a market economy are extremely slowly created, and they are deformed by the crisis phenomena in our economy.
Now Ukrainian economy is a market economy due to reforms of the last three years. It seems to be a great success but it is not a great success because now it's clear that nobody can stop the catastrophic recession of manufacture.
The growth of indifference of social layers testifies to formation rather specific relations between authorities and population - relations of parallel existing adnoun-interference.
Among economic rights of the person the central place takes the right to property. Unfortunately and so far legislation has no norms of equal and reliable protection of the property of all subjects of economic activity. Different norms concerning the property are contradicting each other.
FREEDOM OF VOICE
Today in Ukraine a distribution of separate periodic editions is forbidden. It is done by local representative authorities, infringing the legislation.
Despite the existence of the laws about the information, press and TV, the access of journalists to the primary sources still remains problematic, and sometimes - impossible, if it touches interests of the officials.
There are a lot of examples such as the accident with the famous TV program. Broadcast of one of its releases was prohibited by the Supreme Council despite the legislation because of a scene in Parliament. And there are a lot of journalists which insult officials and famous persons. This situation witnesses the low level of culture of our journalists and deputies.
Freedom of voice in Ukraine has not reached an appropriate level yet. Real freedom of word is possible only with the conformity of the whole current legislation with international norms and creation of state gears of regulation.
CONCLUSION
The creation of the united legal space in Europe imposes on Ukraine new, difficult obligations to edit the norms of the legislation, coordination of rules of judicial practice with the existing universal and regional agreements. Development of normative base and gears of its realization in the international right considerably advances appropriate Ukrainian parameters of all directions. Therefore it is necessary to update the legislation up to a modern European level. All European international legal system is generated as a system of protection of human rights. Meanwhile the legislation of Ukraine is a system of protection of interests of the state. Ukrainian Constitution should guarantee, instead of declare the right to life, freedom of voice and free realization of it, to ideological, religious and cultural freedom, freedom to participate in political life and management, right to strike, right to property indemnification of moral losses, caused by illegal actions of state bodies, officials, right to leave the country and to come back to it and so on. The named rights are new for Ukraine and are usual for world practice.
The problem of human rights in Ukraine is difficult, multiplan.
Serious work on adaptation of the current legislation to principles and norms of the international legislation is carried out. All the already adopted acts are now being analyzed for their conformity to the international standards and international obligations of Ukraine. There are enough frequently accepted laws on amendments and additions to the acting laws.
Before the Declaration of Independence we had not any periodic editions, directly devoted to the questions of human rights. Today more than ten of periodic editions are devoted to this theme. National and international conferences, round tables, seminars etc. are devoted to the questions of human rights.
There is much work to do but now we have a few results.
RESUME
Ukraine has a lot of problems now. One of them is the situation in human rights sphere. Many international pacts, agreements and conventions on human rights and freedoms were signed.
There was considerably improved the integration of Ukraine in the international right-defense gear, real steps to increase the warranties of fulfillment of international obligations in human rights sphere were made.
But it is insufficient. The infringements of human rights by state bodies and officials are numerous. Common to the international practice norms are unknown in Ukraine (or regularly abused). The already declared rights can not be supported because of the global economic crisis.
Today mass misery of the population is the factor, which considerably influences the formation of consciousness of people, of their attitude to updating of society. The success and the prospects of reforms in Ukraine depend on whether existing political parties and movements manage to ensure social support of reforms.
The experience of the last years testifies that conditions for occurrence and constant reproduction of subjects of a market economy are extremely slowly created, and they are deformed by the crisis phenomena in our economy. The human rights are infringed in Ukraine and there is necessity to refer to international organizations for defense of human rights and freedoms.
Today the international gear of protection of human right acts within the UNO frameworks. One of such UNO bodies is the Human Rights Committee.
The Committee considers the received complaints and offers the countries to give an explanation. After the confidential consideration of the case and explanations or applications of the countries the Committee notifies on consequences of the discussion the interested person and country on which complaint was sent.
There is the an important requirement: The Committee considers such a complaint only when all national opportunities of legal protection were used. So in Ukraine the person should address for the protection of rights to the court and only after the decision of the national court, and in case of the appeal after the decisions of supreme judicial instances, it is possible to refer to the Human Rights Committee.
It's a pity but competence of this committee (and other UNO bodies as well) is largely stopped.
The problem of human rights in Ukraine is difficult, multiplan. Serious work on adaptation of the current legislation to principles and norms of the international legislation is carried out. Today deputies do not practically consider bills, if they mention rights of citizens and have not previously passed the examinations of international experts. We have to do a lot to make our state a really democratic and legal one.
Dwell on the Topic 11
The Profession of Lawyer
An Advocate, in law, is a person who is professionally qualified to defend the cause of another people in the court. Advocate isused mainly in those legal systems that derived from the Roman law. In Scotland the word refers particularly to a member of the bar of Scotland, the Faculty of Advocates. In France advocates were formerly an organized body of pleaders. In Germany, until the distinction between counselor and pleader was abolished in 1879, the Advocate was the adviser rather than the pleader. The term was traditionally applied to pleaders in courts of canon law, and thus in England those who practiced in the courts of civil and canon law were called advocates. In the United States the term advocate has no special significance, being used interchangeably with such terms as attorney, counsel, or lawyer.
A lawyer is trained and licensed to prepare, manage, and prosecute or defend in a court action as an agent for another people and who also gives advice on legal matters that may or may not require court action.
A lawyer applies the law to specific cases. He investigates the facts and the evidence by conferring with his client and reviewing documents, and he prepares and files the pleadings in court. At the trial he introduces evidence, interrogates witnesses, and argues questions of law and facts. If he does not win the case, he may seek a new trial or relief in an appellate court.
In many instances, a lawyer can bring about the settlement of a case without trial through negotiation, reconciliation, and compromise. In addition, the law gives individuals the power to arrange and determine their legal rights in many matters and in various ways, as through wills, contracts, or corporate bylaws, and the lawyer aids in many of these arrangements.
A lawyer has several loyalties in his work. They include that to his client, to the administration of justice, to the community, to his associates in practice, and to himself. When these loyalties conflict, the standards of the profession are intended to effect reconciliation.
Legal practice varies from country to country. In England lawyers are divided into barristers, who plead in the higher courts, and solicitors, who do office work and plead in the lower courts. In the United States attorneys often specialize in limited areas of law such as criminal, divorce, corporate, probate, or personal injury, though many are involved in general practice.
In Ukraine, the advocates act to ensure the right to a defense against accusation and to provide legal assistance in courts and other state bodies.
In addition to these professional groups there are nonprofessional legal counselors who give advice on various legal problems and are often employed by business firms. In all civil-law countries there are notaries, who have exclusive rights to deal with such office work as marriage settlements and wills.
But there is a difference in the work of lawyers and notaries in Germany. The German attorney, however, performs less significant courtroom role than the French advocate. Attorneys are often restricted to practice before courts in specific territories. There are further restrictions in that certain attorneys practice only before appeals courts, often necessitating a new attorney for each level of litigation. In Germany lawyers are employed in the administration of government to a greater extent than in common-law countries.
In France numerous types of professionals and even non-professionals perform various aspects of legal work. The most prestigious is the advocate, who is equal in rank to a magistrate or law professor. Roughly comparable to the English barrister, the advocate's main function is to plead in court.
COMMUNICATION PRACTICE
Act out the problem 1
1. PROBLEM:Along a beach a child is swept out to sea by a sudden wave. The frightened mother screams out, «Save Timmy! I'll give you anything if you save him!» You swim and rescue Timmy. Then you ask for $10,000. Is there a legal basis for collecting?
Solution:There is no legal basis for collecting when Timmy is rescued.
Act out the problem 2
2. PROBLEM:Collins orally agreed to buy a mini-warehouse from Stein. Over the telephone, Collins then persuaded Keith to promise to lend $100,000, which Collins needed for the down payment on the purchase price. A mortgage (claim on the property) was to be given to Keith as security for the loan. Collins and Stein then signed the sales contract. Early the next day, Collins was stunned when Keith said that the loan could not be made as promised. Can Collins force Keith to make the loan? Is the sales contract with Stein enforceable?
Solution:The written agreement between Stein and Collins is enforceable. However, the oral agreement between Stein and Collins is not enforceable. Also, the oral agreement between Keith and Collins would not be enforceable. The two oral agreements pertained to an interest in real property-one an agreement to buy a building, the other an agreement giving a mortgage on the building. Thus, they were insufficient because they were not in writing and properly signed.
Act out the problem 3
3. PROBLEM:Rissan walked into a telephone booth, dropped some coins into the telephone, and dialed a number. No words were spoken until the party answered. A conversation followed between Rissan and the party. A few minutes later Rissan hung up the receiver and left. What kind of contract had Rissan made with the telephone company?
Solution:Rissan's contract with the telephone company was bilateral and valid. It was executory when the coins were deposited. It became executed when Rissan finished the conversation and hung up the receiver. As to formality, it was simple; as to method of creation, it was implied.
Act out the problem 4
4. PROBLEM:When the general manager of Special-Teas Sales Company hired Hudson as advertising manager for a five-year period, the two parties discussed the terms of employment and then they shook hands. As Hudson later recalled, his beginning salary was to be $3,000 a month but would go up annually if, and as, sales rose. At the end of the first year, Hudson expected a pay increase of at least $500 a month, but his pay did not increase at all. He threatened to quit. The manager admitted that sales were up; however, he claimed that expenses had also risen and therefore profits were down. He threatened to sue Hudson for breach of contract if he actually left. How could their misunderstanding have been avoided?
Solution:Dispute between Hudson and Special-Teas could have been avoided if their contract had been in the form of a signed writing with all important terms clearly spelled out.
Act out the problem 5
5. PROBLEM:Brandon bought a new car and wanted to sell her old car. She advertised in the local paper and Smythe agreed to buy the car for $885. He promised to pay for it when he received his paycheck in two weeks and to take delivery then. Must this contract be in writing to be enforceable?
Solution:If Brandon refused to sell, Smythe could enforce the agreement only if Brandon had signed a written agreement. Likewise, if Smythe refused to buy, Brandon could collect damages only if Smythe had signed.
Act out the problem 6
6. PROBLEM:In the city there were two streets with the name of «Highland.» Fisher owned the lot located at 231 Highland Avenue. Neece, who lived in New York City, wanted to buy the lot located at 231 Highland Boulevard. He wrote to Fisher, offering «to buy your lot on Highland» on specified terms. Fisher promptly mailed his acceptance of the offer. Was there a contract?
Solution:The parties' mutual mistake as to the identity of the subject matter made the contract void. Neece, in his offer, was referring to the lot on Highland Boulevard; Fisher, in his acceptance, was referring to the lot on Highland Avenue. Mutual mistake as to the existence of the subject matter has the same effect.
Act out the problem 7
7. PROBLEM:Simon wants to open a sporting goods store. She hesitates because she thinks the expenses would be prohibitive. She lists the costs of renting or buying a store, hiring help, buying a computer to keep records, buying a large inventory, obtaining a charter from the state, and paying for licenses and legal fees. Are her fears justified?
Solution:Simon’s fears are not justified. She should, of course, make a simple survey of the market and be satisfied that she has the ability, energy, capital and other requisites for success. Usually it is desirable to have experience as an employee in a similar business.
Act out the problem 8
8. PROBLEM : Ward and Chang organized and operated the Cinema Theater. They agreed to share profits and losses equally after paying all expenses. The land was leased from Alien for rent which was to be 6 percent of the gross revenue. Chamer was hired as manager for $ 1. 000 a month plus 3 percent of the net profits. Are all four partners in the business?
Solution:Ward and Chang were partners, but the other were not. Neither Alien nor Chamber owned part of the business. Their sharing of the gross revenue or net profits was merely a method of paying them rent and salary.
Act out the problem 9
9. PROBLEM: At the Big Department Store, the Aliertons signed a contract to buy a microwave oven. The store expected to receive the microwave from the wholesaler within 30 days. While shopping, the Aliertons left their car in the store's automobile service department to have the engine's idling speed adjusted and to have squeaks in the door eliminated. The charge for labor was $45; there was no charge for the lubricant. The service attendant recommended replacement of the car's tires and the Aliertons agreed. The cost of the tires was $200, plus $25 for balancing and installation. The Aliertons also bought a new battery for $59, and it was installed free of charge. Were all of these agreements sales?
Solution: The work on the car engine and the doors was strictly a contract for services; goods (lubricants) supplied were incidental, and no specific charge was made for them. The transfer to the Allertons of title to the tires was a safe of goods, even though a small charge was made for related labor. The battery was acquired in a sale of goods, with no charge for labor. The Allertons' agreement to buy a microwave oven at a later date was not a sale. Instead, it was a contract to sell.
Act out the problem 10
10. PROBLEM:Snow was an 84-year-old, somewhat senile widow lacking business experience. After investing an inheritance in a house for herself, she accepted Jane Wyles, a middle-aged stranger, as a boarder. Wyles lived there for two months. During that time, she was very attentive to Snow, who had become bedridden. Four weeks before her death, and mistakenly believing herself to be in need of moneyfor hospitalization, Snow sold the house to Wyles. The price, paid in cash, was only one-third of the true market value. After Snow died, her children sued to have the agreement nullified. They claimed that Wyles had used undue influence on their mother. Will they succeed?
Solution:Undue influence did exist because of Snow’s physical and mental condition, and the gross unfairness of the sales contract. Snow’s children can sue Wyles to have the agreement nullified.
Act out the problem 11
11. PROBLEM:Benson was deep in debt and needed more credit to keep his business going. He gave Central Credit Controls (CCC) false information which showed his financial condition to be good. Grant subsequently obtained a credit report on Benson from CCC. Relying on the report, Grant sold a computer and expensive software to Benson on account. Within a month, Benson became insolvent (unable to pay debts) and failed to make a payment. Grant then learned the truth about Benson's financial condition. Claiming fraud, Grant sued to repossess the equipment. Should he succeed?
Solution:Grant will be allowed to repossess the equipment.
Act out the problem 12
12. PROBLEM: Smith was fraudulently induced by Chapman to buy a painting. Chapman had described the painting as an authentic Van Gogh. Upon discovering the fraud, before payment or delivery, Smith notified Chapman that she was canceling the contract. Was she within her rights?
Solution:A defrauded party who has done nothing, like Smith, may cancel the contract and be released with no obligation to pay.
Act out the problem 13
13. PROBLEM: When Milliken sold a used car to Camacho, he told her that the car had been driven only 50,000 miles, had never been in an accident, and had the original paint. In fact, Milliken had stolen the car, set back the odometer from 90,000 miles, and repainted the exterior in the original color. Moreover, Milliken had stood between Camacho and the right rear end of the car. He did this so that she would not see a crudely repaired fender, which had been damaged in an accident. After Camacho learns the truth and if she can find Milliken, can she avoid the contract?
Solution:Milliken was a criminal who acted fraudulently. He lied about the car and actively concealed the damaged rear fender (заднее крыло). Accordingly, if Camacho could find Milliken, she could avoid the contract and sue for damages for the tort of fraud. Milliken should be prosecuted as a criminal, and the car should be returned to its true owner.
Act out the problem 14
14. PROBLEM: Milo contracted with Corrigan for the installation of a complete burglar alarm system for $2,900. The printed contract provided that Milo was to pay $900 down and the balance at $100 a month for twenty months. (Failure to pay any installment when due would accelerate the debt and make the entire balance due.) The payments were to be made on the first day of each month. Milo explained that he did not receive his paycheck until the tenth. Therefore, he said, he would prefer to make the payments on that date. Corrigan agreed and in the margin wrote in «tenth,» and initialed it on Milo's copy only. During the first month, Corrigan demanded the full balance when Milo failed to make the payment on the first day. Is Corrigan entitled to the full balance immediately?
Solution:Milo's payments were not due until the tenth of the month. The handwritten change to that effect made by Corrigan on Milo's copy of the contract superseded the printed version. It was not essential that Milo add his initials because he was the party benefited by the change. He could, and undoubtedly would, add his initials if requested or if the validity of the change were challenged.
Act out the problem 15
15. PROBLEM:Heywood wished to buy an electric guitar for $495 from the Music Shop. He lacked cash, and his credit rating was poor. Amaro, a professional music instructor, told the music store owner, « Heywood has a rare talent. He will soon earn the full price. But if he doesn't pay when payments are due, I will.» If Music Shop sells the guitar on credit and Heywood later fails to pay, is Amaro liable for the balance due?
Solution:Amaro's promise in unenforceable. That is because it is not in writing and signed by him. On the other hand, if Amaro had said, «Sell the guitar to Heywood, and I will pay you,» it would be a direct, primary promise to the seller. Amaro would therefore be liable even if this promise was oral.
Act out the problem 16
16. PROBLEM:Jim had a long conversation with his girlfriend, Rita, in the presence of her elderly father. Jim solemnly promised Rita and her father that if Rita would marry him, he would support the father if that ever became necessary. Rita agreed, and the couple married. Is Jim's promise enforceable?
Solution:Jim's oral promise was not enforceable.
Act out the problem 17
17. PROBLEM:Liddell was executrix and principal beneficiary of her father's estate. At the time of his death, the father owed his friend Clifton $2,500. Clifton urgently needed the money, but probate court rules would have delayed payment for at least six months. Therefore Clifton offered to accept $2,000 in full settlement, if the amount would be paid immediately. Liddell agreed in writing to pay Clifton immediately out of her own funds. Is this promise enforceable?
Solution:Liddell is personally liable for payment of Clifton's claim against her father's estate, since she agreed in writing to pay.
Act out the problem 18
18. PROBLEM: Julia was engaged in animated conversation with four other students on the steps of their high school. When a bell called them to class, Julia absentmindedly left a bag behind. The bag contained a pocket computer and other valuables. After class she posted an ad on three bulletin boards, offering $15 to anyone who would return her bag. Ms. Lehman, one of Julia's teachers, who had not seen the ad, found the bag and returned it. Is she entitled to the reward?
Solution:Ms. Lehman was not entitled to the reward.
Act out the problem 19
19. PROBLEM:For a college graduation present, an aunt promised to give Eileen two tickets for a Caribbean cruise with a friend of her choice. At the graduation exercises, however, her aunt gave her a kiss instead and said, “The stock market is down. Sorry, darling!” Although not likely to do so, could Eileen successfully sue her aunt for breach of contract?
Solution:Eileen promised nothing of value in exchange for her aunt's promise of the tickets. (A “thank you” and continued love and affection do not suffice as consideration in most states. That is because such things lack determinable market value.) Therefore Eileen and her aunt did not make a contract. Instead, the aunt merely promised to make a gift. Such promises are not enforceable.
Act out the problem 20
20. PROBLEM: Jameson is a partner in a highly successful partnership. She becomes liable for very heavy damages as the result of an automobile accident while vacationing. She therefore files for bankruptcy and has these and other debts discharged. What effect will this have on the partnership?
Solution:Bankruptcy, a kind of financial death, also automatically dissolves the partnership. This is true whether the bankruptcy is suffered by any of the partners (such as Jameson in the problem) or by the firm itself.
TEXTS AND TASKS
FOR HOME READING
TEXT 1
A RETRIEVED REFORMATION
by O. Henry
A guard came into the prison shoe-shop where Jimmy Valentine was working busily, and took him to the front office. There the warden handed Jimmy his pardon, which had been signed that morning by the governor, Jimmy took it tiredly. He had spent nearly ten months of a four-year sentence. He had many friends on the outside, so he hoped to stay only about three months in prison.
"Now, Valentine," said the warden, "you'll go out in the morning. Brace up and make a man of yourself, you are not a bad fellow.
Stop cracking safes and live straight."
"Me?" said Jimmy in surprise. "Why, I never cracked a safe in my life."
"Oh, no," laughed the warden. "Of course not. Let's see now. How had it happened that you were on that Springfield job? Was it because you - wouldn't prove your alibi? Were you in fear of compromising somebody? Was it simply a case of a mean old jury? It sometimes happens."
"Me?" said Jimmy. "Why warden, I never was in Springfield in my life!"
"Take him back, Cronin," smiled the warden, " and give him his out-going clothes. Unlock him at seven in the morning. Better think over my advice, Valentine."
At a quarter past seven on the next morning Jimmy stood in the warden's office. He was wearing a ready-made suit and a pair of shoes given by the state.
The clerk handed him a railroad ticket and the five dollar bill. The warden gave him a cigar, and shook hands. He wrote down in his books: "Valentine 9762", "Pardoned by Governor".
Mr. James Valentine was walking in the sunshine paying no attention to the songs of the birds, the green trees, and the smell of the flowers. Jimmy entered a restaurant, had a chicken dinner there and went to the station to take his train. In three hours he arrived at a little town near the state line. He went to the cafe of Mike Dolan and shook hands with Mike.
He got his key and went upstairs, unlocking the door of his room. Everything was just as he had left it. There on the floor was still Ben Price's collar-button that had been torn from the detective's shirt during the arrest. Jimmy opened a hidden panel in the wall and took out a dust-covered suitcase. There was the nicest set of burglar's tools in it. Jimmy invented it himself and it was a real pleasure for him to look at his tools now. It had cost him over nine hundred dollars to make all those drills, punches, braces and bits, jimmies, clamps, and augers of the latest designs. Jimmy was proud of them.
In half an hour Jimmy went downstairs and through the cafe. He was now well-dressed, and carried his dusted and cleaned suitcase in his hand.
A week after the release of Valentine, 9762 there were some cases of safe burglary done in Richmond, Indiana, in Logansport and in Jefferson City. It was a neat job with no clue to the author. That began to interest the police. The bank losses were high enough so it was Ben Price's class of work and he began to investigate the cases. He compared the notes and came to the conclusion that the methods of the burglaries were similar.
"That's Jim Valentine autograph. He's begun his business again. Look at that combination knob. Only Jimmy can do such work with his tools. He never has to drill but one hole. Yes, I guess, I want Mr. Valentine. He'll do his next job soon".
Ben Price knew Jimmy's habits. He had learned them while working up the Springfield case. Jimmy Valentine worked in different places, could quickly disappear, had no partners and he had a taste for good society. That's why he was difficult to catch.
One afternoon Jimmy Valentine and his suitcase appeared in Elmore, a little town in Arkansas. Looking like an athletic young man who came home from college, Jimmy went toward the hotel.
A young lady crossed the street, passed him at the corner and entered "The Elmore Bank". Jimmy Valentine looked into her eyes, forgot what he was, and became another man. She lowered her eyes and colored slightly. There were a few young men of Jimmy's style and look in Elmore.
Jimmy noticed a boy that was standing on the steps of thebank and began to ask him questions about the town, giving him dimes fromtime to time. Soon the young lady came out pretending not to see the young man with the suitcase, and went her way.
"Isn't that young lady Miss Polly Simpson?" asked Jimmy.
"No," said the boy. "She is Annabel Adams. Her pa owns this bank. What did you come to Elmore for? Is that a gold watch chain? I'm going to get a bulldog. Got any more dimes?"
Jimmy went to the Planter's Hotel, registered as Ralph D. Spencer, and book a room. He spoke about his plans to the clerk. He said that he had come to Elmore to start a new business. How was the shoe business in town? He had thought of the shoe business. Was there an opening?
The clerk was impressed by the clothes and manner of Jimmy and readily gave him information.
Yes, there ought to be a good opening in the shoe line. There wasn't a shoe store in the place. Business in all lines was rather good. Hoped Mr. Spencer would decide to live in Elmore. He would find it a pleasant town to live in, and the people are very sociable.
Mr. Spencer thought he would stop over in the town a few days and look over the situation. No, the clerk needn't call the boy. He would carry up his suitcase, himself; it was rather heavy.
Mr. Ralph Spencer, the phoenix that arose from Jimmy Valentine's ashes - ashes left by the flame of a sudden attack of love-stayed in Elmore, and was a success. He opened a shoe store. He had many friends. The wish of his heart came true. He met Miss Annabel Adams and fell in love with her.
At the end of the year the situation of Mr Ralph Spencer was this: he was a noted and respected citizen of Elmore. His shoe business was profitable; he and Annabel were engaged to be married in two weeks. Mr Adams the typical country banker agreed to their marriage. Annabel was very proud of Jimmy. He was at home in the family of Mr Adams and of Annabel's married sister as if he were already a member.
One day Jimmy sat down in his room and wrote his letter, which he mailed to the safe address of one of his old friends in St. Louis:
Dear Old Pal:
I want you to be at Sullivan's place, in Little Rock, next Wednesday night. I want you to do some little matters for me. And also I want to present you my kit of tools. I know you'll be glad to get them - you couldn't buy them for a thousand dollars. Say, Billy, I've left the old business a year ago. I've got a nice store. I'm living honestly and I'm going to marry the finest girl on earth in two weeks. It's the only life, Billy - the straight one. I wouldn't touch a dollar of another man's money for a million. After I get married I'm going to sell out and go West, where there won't be so much danger of having old scores. I tell you, Billy, she's an angel. She believes in me; and I wouldn't do another wrong thing for the whole world. Be sure to be at Sully's for I must see you. I'll bring along the tools with me.
Your old friend,
Jimmy.
On the Monday night after Jimmy wrote this letter, Ben Price arrived at Elmore to find out what he wanted to know. From the drugstore across the street from Spencer's shoe shop he had a good look at Ralph D. Spencer.
"Going to marry the banker's daughter are you, Jimmy?" said Ben to
himself, softly. "Well, I don't know!"
The next morning Jimmy took breakfast at the Adamses. He was going to Little Rock that day to order his wedding suit and buy something nice for Annabel. That would be the first time he had left town since those last professional "jobs", and he thought he could do this safely.
After breakfast all the family went downtown together - Mr Adams, Annabel, Jimmy, and Annabel's married sister with her two little daughters, aged five and nine. They came by the hotel where Jimmy still lived, and he ran up to his room and brought along his suitcase. Then they went on to the bank. There stood Jimmy's horse and buggy and Dolph Gibson, who was going to drive him over to the railroad station.
All went inside the railings into the banking-room - Jimmy included, because Mr. Adams's future son-in-law was welcomed everywhere. Jimmy greeted the clerks and they were very pleased. Jimmy put his suitcase down. Annabel, whose heart was full of happiness and lively youth, put on Jimmy's hat, and picked up the suitcase. "Wouldn't I make a nice traveling salesman?" said Annabel. "My, Ralph, how heavy it is! Feels like it was full of gold bricks."
"Lots of nickel-plated shoehorns are in there," said Jimmy coolly, "that I'm
going to return."
The Elmore bank had just put in a new safe and vault.Mr Adams was very proud of it, and wanted everyone to see it. The vault was a small one but it had a new patented door. It fastened with three solid steel bolts, a single handle, and had a time lock.
Mr Adam explained itsworkings to Mr. Spencer who showed a polite but not toointelligent interest. The two children, May and Agatha, were delighted by the shining metal and funny clock and knobs.
While they were busy watching the safe and the vault Ben Price came in and was looking between the railings. He told the teller that he didn't want anything but he was just waiting for a man he knew.
Suddenly there was a scream of two of the women. May, the nine-year-old girl, while playing, had shut Agatha in the vault. She had then shot the bolts and turned the combination as she had seen Mr Adams do.
The old banker ran to the handle and tried to pull it for a moment. "The door can't be opened," he said. "The clock and the combination set haven't been wound".
Agatha's mother screamed again hysterically.
"Hush!" said Mr Adams. "All be quiet for a moment. Agatha!" he called as loudly as he could. "Listen to me". During the following silence they could just hear the faint sound of the child in the dark vault.
"My darling!" cried the mother. "She will die! Open the door! Oh, break it open! Can't you men do something?"
"There isn't a man nearer than Little Rock who can open the door," said Mr Adams, in a shaky voice. "My God! Spencer, what shall we do? That child - she can't stand it long in there. There isn't enough air."
Agatha's mother beat the door of the vault with her hands. Somebody suggested dynamite. Annabel turned to Jimmy hopefully. To a woman nothing seems quite impossible to the powers of the man she loves.
"Can't you do something, Ralph - try, won't you?"
He looked at her with a smile on his lips and in his keen eyes.
"Annabel, give me that rose you are wearing, will you?"
She took the bud from her dress and gave it to him. Jimmy put it into his vest pocket, took off his coat and pulled up his shirt sleeves. With that act Ralph D. Spencer disappeared and Jimmy Valentine took his place.
Get away from the door, all of you", he commanded shortly.
He put his suitcase on the table, and opened it out. From that time on he seemed not to notice anyone else in the room. He laid out all his tools quickly and orderly, whistling to himself as he always did when at work. The others watched him silently. In a minute Jimmy was drilling the steel door. In ten minutes - breaking his own record — he threw back the bolts and opened the door.
Agatha was saved.
Jimmy Valentine put on his coat, and walked outside the railings toward
the front door. As he went he heard a far-away voice that he once knew called "Ralph!" But he didn't stop.
At the door a big man stood in his way. "Hello, Ben!" said Jimmy, still with his strange smile. "Well, let's go. I don't know that it makes much difference, now."And then Ben Price acted strangely.
"Guess you're mistaken, Mr. Spencer." He said. “ Don't believe I recognize you. Your buggy's waiting for you, isn't it”.
And Ben Price turned and walked down the street.
NOTES ON THE TEXT
1. outgoing clothes - одяг, який видається в'язням при звільнені.
2. state line = state border - державний кордон .
3. He never has to drill but one hole - він ніколи не свердлив більше одного отвору.
4. dime - монета в 10 центів
5. pa = father
6. 
phoenix - міфічний птах, що спалив ce6e i відродився з попелу знову молодим.
7. pal - друг, товариш
8. I'm going to sell out - я збираюся продати все своє майно.
9. a danger of having old scores - небезпека зведення старих рахунків
10. buggy - екіпаж запряжений одним конем для однієї або двох осіб
11. downtown - центр міста
ACTIVE WORDS
1. guard - someone whose job is to look after a place or person so that
no one causes damage, steals anything, or escapes;
2. warden -Am. a governor of a prison; - ..
3. sentence - a punishment given by a judge, usually involvinga period of time that a person must spend in prison; ,
4. pardon - an officially decision to forgive someone for committing a crime and free them from prison;
5. governor - an elected official who is the political head of a state in the US;
6. jury - a group of people, usually 12, who judge a court case;
7. panel - a flat piece of wood, glass, or other material that forms part of something such as a door or wall ;
8. punch - a tool for forcing nails beneath a surface, or bolts out of holes;
9. drill - an instrument with a pointed end or cutting edges for making holes;
10. to brace - to make your body, or a part of it, stiff and strong in order to do something that needs a lot of physical effort;
11. brace - a revolving tool used especially in the past for making holes in things. You usually use a drill now instead;
12. bit - a tool or part of a tool used for cutting or making holes in things fitted into a drill or a brace;
13. jimmy - a long narrow piece of metal that is used to break a lock or force open a window or door;
14. clamp - a tool used for holding or fastening two things together firmly;
15. auger - a tool used for making holes in wood or in the ground;
16. burglary - the crime of entering a building illegally in order to steal things;
17. to release - to let someone leave a place where they have been kept;
18. neat - carefully arranged and looking nice;
19. clue - object or fact that someone discovers that helps them solve a crime or mystery;
20. investigate - to try to find out the facts about something in order to learn
the truth about it;
21. knob - round handle on a door or drawer;
22. sociable - a person who is friendly and enjoys being with other people;
23. ash - the grey powder that remains after something has burned;
24. noted - well known for a particular quality or ability, and usually admired;
25. profitable - making a profit;
26. railing - a fence made of narrow posts supporting an upper bar;
27. vault - a strongly protected room in a bank where money, gold, etc is kept;
28. fasten - to close a door, gate, or window so that it will not open using something such as a lock, or bolt;
29 solid - strong enough not to break or become damaged easily;
30. to wind - to wrap or twist something around itself or something else;
31. to faint - to suddenly become unconscious for a short time, and usually fall to the ground;
32. bud - a tightly curled up part of a plant that will open to form a leaf or flower.
VOCABULARY AND GRAMMAR WORK