Louisville Lawyer
Published by The University of Louisville School of Law
Vol. VI Louisville Ky., May, 1961 No.2
Truman To Address
State Bar Association
HARRY S. TRUMAN
Former U. s.· President
SAM J. STALLINGS
President Ky. Bar Assn.
By John L. Arnett
Former President Harry S. Truman will visit Louisville this
month to speak to the Kentucky State Bar Association. His address
will be at a convention banquet of the association at 7 p.m. Thurs­day,
May 25, at the Kentucky Hotel. Governor Bert T. Combs will
introduce him.
A reception honoring Truman is
planned for bar members and their
guests at 6:30 p.m. at the hotel.
Truman hopes to make a few visits
while here in Louisville. It is hoped
by University of Louisville officials
that Truman can visit the campus.
Truman has been offered an honor­ary
doctorate of law from the Law
School while in Louisville. Dean
Marlin Volz said that the faculty of
the Law School recommended to the
faculty of the Graduate School that
Truman be awarded the degree.
President Philip Davidson's office
is still awaiting a reply from Truman.
Truman's last visit here was a little
more than a year ago when he spoke
at the Jefferson-Jackson Day dinner
March 19.
Samuel J. Stallings, Louisville, is
the association's president. George T.
Ross, Richmond, is president-elect.
The bar convention will start Wed­nesday
and end Friday. The program
will include:
A session on pretrial conferences, at
2 p.m. Wednesday, with Federal
Jud~e Henry L. Brooks, Louisville, as
mod~rator .
Aa address by Lt. Gov. Wilson W.
Wyatt at the noon luncheon Thursday.
Talks by Daniel J. Cantor, Phila-
• '
delphia, consultant on law office man­agement,
at 9:30 a.m. and 2 p.m.
Friday.
A session on trial practice, also at
2 p.m. Friday, with H. Alva Brum­fi
eld, Baton Rouge, La., speaking for
the plaintiff and Josh H. Groce, San
Antonio, Tex., for the defense.
Miller to Receive
Faculty Award
Robert Neville Miller will receive
the certificate presented annually by
the faculty of the University of Lou­isville
Law School to an outstanding
former Professor of Law. The certifi­cate
will be presented on May 24 at
the joint meeting of the University of
Louisville Law School Alumni and
the Kentuckv State Bar Association.
After rec~iving his L.L.B. Cum
Laude from Harvard, Mr. Miller
taught at the Law School in the early
1900's. He then served as an aide to
Justice Brandeis of the United States
Supreme Court and was the reason for
the many contributions which the
eminent Justice made to the Uni­versity.
At present Mr. Miller is practicing
with the law firm of Miller-Chevalier
in Washington, D. C,
Alumni Foundation
Established February 22
by Allan Weiss
Eighty alumni of the University of Louisville School of Law
voted to establish a Law Alumni Foundation at a Kentucky Hotel
luncheon on February 22. The official name of the Corporation
is to be The Law Alumni Foundation of the University of Louisville.
The Corporation is being organized
for charitable, scientific, literary, civic,
and educational purposes. Section 1
of the Articles of Incorporation states
the following objective: "To establish,
operate and maintain research and
investigation in the fields of law, legis­lation,
legal education and jurispru­dence
at the University School of
Law." The Foundation also plans to
establish endowments, scholarships,
lectureships and Chairs for teachers
of the law. These will be implemented
by acquisition of a legal library and
research center for the School of Law.
The membership will be limited to
alumni of Jefferson School of Law or
School of Law, University of Louis­ville.
The Officers, and Board of Trustees
are as follows: Benjamin F. Washer,
honorary president; Leo T. Wolford,
president; Daniel P. Marshall, Jr., vice
president; Maxey B. Harlin, vice pres­ident;
Ernest Woodford, Jr., secretary;
Garnett Cook, treasurer. Board of
Trustees one years terms: Arthur J.
Deindorfer, L. Leroy Highbaugh,
Thomas L. Ray, Samuel J. Stallings,
Leo T. Wolford, Ernest Woodward,
Jr. Two year terms: Daniel B.
Boone, James E. Fahey, James H.
Frazee, Maxey B. Harlin, Malcolm
Johnson, Daniel P. Marshall, Jr. Three
year terms: Garnett Cook, Manny H.
Frockt, Fred M. Goldberg, Cornelius
W. Grafton, William L. Grubbs, James
W. Stites.
"This is quite a significant thing
for the Law School," commented Law
School Dean Marlin Volz. "Our
emphasis is to get everyone to give
something." Dean Volz further stated
that "the annual gifts average about
$1,700 and already tllis year we have
received $1,400. We hope the annual
average will be doubled this year."
Dean Volz said that the school
needs a new wing to its building on
Belknap Campus. And he would like
to see a dormitory mainly for married
students built adjacent to the Law
School. Each project would cost
about $250,000.
He said the school also needs more
money for scholarships, for hiring
visiting lecturers, and for developing
a graduate program.
"Ladies First"
Judge John S. Palmore of the Kentucky Court of Appeals dis­cusses
the successful defense made by Mrs. Virginia Davis, 2424
Concord Drive, second from left, and Miss Mary Lou Trautwein,
124 N. 41st, in the annual moot-court finals. Also pictured are
runners-up Ronald Snyder, Jeffersontown, and Harry Shapiro,
2071 Ravina, at far right. (Story on page 8)
I .
Two THE LOUISVILLE LAWYER
From The Editors Desk
The Alumni Foundation
All alumni, students, and friends of the University of Louisville School of
Law should be very happy, yet challenged, to learn that om alumni association
has established an Alumni Foundation "to handle finances in behalf of pro­moting
the Law School and improving its facilities."
Those facilities were ample when om beautiful edifice was opened in 1938.
Then the School, only a day school, had 74 students, fom full time faculty
members, and a library of 17,000 books. Now om building is cramped every­where
with 207 students, both day and night, with 10 full time faculty members
who must have space in which to teach, and an overflowing library of
45,000 books.
It will take a quarter of a million dollars to build a new wing alone. Our
school is becoming more and more important in the life of the city and the
Commonwealth. Dean Marlin M. Volz is recognized by everyone as an ener­getic
and imaginative man. Each professor is deeply interested in making this
institution the very best possible. The alumni and students desire a University
of Louisville School of Law of which we can be proud.
As Dean Volz penned in the November, 1958 edition of this publication
soon after being appointed Dean: "Excellence in legal education depends,
first, upon an effective partnership of faculty, students, and alumni functioning
cooperatively and enthusiastically together to achieve higher goals."
Nearly one million dollars has been given to the School over the years in
the way of equipment, books, scholarships, and endowment. However, although
we can justly boast of past attainments, let us join together in purpose,
"forgetting those things which are behind, and reaching forth unto those
things which are before," pressing toward the mark for the prize of calling our
beloved alma mater the best law school anywhere.
A Need For International Law
One thing is obvious from a glance at the headlines of om nation's news­papers:
the importance of international understanding on the part of the
peoples of the world. One significant thread is dominant throughout the phases
of events that make today's headlines: the growing significance of legal relations
between the nations of the world.
Today, more than ever in the history of the United States, the problems
of international law are making a deep impression upon the citizens of our
country. Recently our attention has been focused upon the controversial Eich­man
trial, the space achievements of Russia's Yuri Gagarin, the Powers' case,
the Congo crisis, the Santa Maria incident, and the crucial Cuban situation, just
to mention a fragment of the ever increasing mass of occurrences on an
international level.
Today the question is, "To what extent will American lawyers need an
understanding of international law to serve their clients adequately?" To say that
"international law is important," would certainly be trite. The point to be
emphasized is that the students, the law schools, and the attorneys of this state
should become aware of the increasing need for an understanding of this
phase of legal life.
As communication facilities make the world more compact, the part that
international law will play in the lawyer's career will also increase. These facts
reaffirm the obligation of today's lawyer to strive for the enhancement of
human dignity and progress.
The bmden is upon the student to take advantage of the opportunities
offered in the field of international legal studies; it is upon the faculties to
impress upon their students the need of an adequate education in the inter­national
law field. Finally, the attorney has the opportunity through various
phases of continuing legal education to supplement his competence in inter­national
law.
Om law school offers International Law only in summer school, which
prohibits most of the students from taking advantage of this important subject.
The faculty committee concerning cmriculum changes met recently, but the
realm of international studies was not mentioned. Whether this course will
be included in the regular law school curriculum immediately or in the future
should be discussed by this same committee.
Legal education in this field should and must parallel the dynamic progress
of American life, for the day is soon to come when a great part of every
lawyer's practice will be in the field of international law.
Professor Johnson Re tires
The Law School is saddened by the resignation of Professor Joseph S.
Johnson. We will miss very much the tall, deep-voiced former F. B. I. agent
who has taught several courses in his nine year tenme here. The standing
ovation given him at May Day festivities was an indication of our feeling
for him.
All friends of the Law School wish him and Mrs. Johnson sincere best
wishes as they retire to the Sunshine State.
-Carroll Hubbard, ]r.
Dean's Report
To The Alumni
Dean Marlin M. Volz
We are grateful to the Louisville
Lawyer and its staff for keeping the
alumni so well informed on new de­velopments
in the law school. There
is little that can be added to their re­ports
of specific events and projects.
A word then on the philosophy of the
law school may be in order.
We proceed on tl1e theory that our
law students are and must be ladies
and gentlemen in the best traditions of
Kentucky society. Dean Russell, Dean
Peden and their predecessors have al­ways
stressed this quality. The Honor
Code which they instituted and which
works so well is exemplary of this at­titude.
It is our desire that the attri­butes
of the gentleman will exemplify
each of our graduates and be the dis­tinctive
characteristic of the "Louis­ville
Lawyer".
These are times which demand
much of the legal profession in pro­fessional
competence, in social under­standing,
in the improvement of the
law and legal procedures to meet the
needs of a dynamic society, in the
preservation of the independence, free­dom
and liberty of the individual, and
in reconciling through law the conflicts
between property and human rights.
It is om hope that our students and
graduates will be "whole lawyers" up­holding
the responsibilities of a noble
profession to the law and its great
traditions.
Alumni Roundup
Tallies 1706
How many graduates of the U. of
L. Law School are now practicing in
Miami, Florida? Is there a U. of L.
graduate in Sandy Hook, Kentucky?
These and many others points of
cmiosity, as well as some very valu­able
information, can be found in the
recently published directory of the
living alumni of the School of law.
The directory is a product of the Law
School Alumni Associat:on, and lists
- geographically as well as by class -
lhe living graduates of the UniYersity
of Louisville School of Law and the
Jefferson School of Law. The business
and home addresses of the grads are
also given in the directory, which is
the first of its kind for the U. of L.
Annual supplements are planned.
Some points of interest contained
in the directory: of the 1706 living
graduates of the two schools, 818 are
still in Louisville. Another 412 are
practicing in Kentucky outside of
Louisville. Of the remaining 476,
Indiana has by far the largest repre­sentation
with 138 graduates. Next in
line is Florida with 34 (eight in
Miami), followed by Ohio with 32,
and California and Virginia with 30
each. There are Louisville graduates
practicing in 39 states and the District
of Columbia. (And we do have a
graduate in Sandy Hook, Kentucky.)
Seven Pass Bar Exam
Seven University of Louisville Law
School graduates were successful on
the Kentucky State Bar exam given in
March of this year. They are: Marion
G. Gilliam, Robert P. Hastings, John
Frith Stewart, Kenneth A. Kallbrier,
and George H. Logan, all of Louis­ville;
John 0. Hardin, III, of Hopkins­ville,
Kentucky, and Eddie C. Love­lace,
of Gray, Kentucky.
ZIRKLE HEADS BAR
The present officers of the Louis­ville
Bar Association are Charles B.
Zirkle, president; Randolph Brown,
vice-president; J. D. Raine, secretary;
and Daniel Marshall, treasurer.
Jack Mudd is president-elect of the
group.
Qlf1r 14nui.auillr 1£awyrr
Published by the University of Louisville School of Law Student Bar As­sociation
two times a year for School of Law students, faculty and alumni.
Editor-in-Chief- ........... _ __ _____________ ___________ .. __________ ________C arroll Hubbard, Jr.
Associate Editor _____ _________________ __ ______ .. ___ __ __ _______________ ______ _____ David J. Thompson
News Editor______________________ .. ___________ __ ________________ _James L. S mpson, 1!1
Feature Editor __ ___ ____ __ ___________ _______________ .. ________________________ __ ____ Walter L. Cato, Jr.
Circulation Manager ____ _____ _______ ---- ----- --- --- ---------- ---- - __ __ William A. McHugh, Jr.
Photographer ____ __ _ __ __ __ __ ------- ---------------------------- ------------ ----- -- ____ Paul E. Miller
Faculty Advisor .... -- ---------- --- .. -- ----- ----- -- -------- ---------- --- ---- ---- ------ --Robert W. Foster
Reporte1'S-John L. Arnett, Richard D. Remmers, Jerry W. Nall, Beniamin
Rosenbaum, John F. Rogers, Allan Weiss, John E. Sloane,
Harry Shapiro.
Circulation: 2,500
THE LomsviLLE LAWYER
Illegal Searches and
by Laurence D. Knowles
Contemporary crime has little relation with the footpads and highwaymen
of past eras. Clean-shaven, business-suited criminals form the moving force
in society's largest criminal problems. The distilleries and trucks of bootleggers,
the physical evidence of burglaries and robberies, no longer speak for the
amount of crime committed. Subversion. narcotics distribution and gambling
syndicalism have resfectable outward appearances. Law enforcement agencies
must rely on new methods to uncover crime concealed by this "new look". A
pr.ncipal method in this attempt to "fight fire with fire" has been illegal
search and seizure.
The Fourth Amendment to the
Conshtution of the U. S. forbids the
Federal Government to conduct illegal
searches and seizures.l The Supreme
Cour. in 1914 held that evidence ob­tained
by federal officers by an illegal
search and seizure would be inad­missable
in a federal criminal prose­cution.
2 The Court pointed out,
however, that the Fourth Amendment
did not require this suppression. The
evidence was excluded merely as a
rule of federal policy, the purpose
being to discourage federal illegal
searches and seizures. Consequently,
since the evidence itself was not con­stitutionally
invalid, it could be ad-.
mitted if the Supreme Court so chose.
Similarly, if the reason were not
present for its exclusion ( i. e. to deter
federal officers from conducting illegal
searches and seizures), the court log­ically
should admit the evidence. Thus
evidence illegally procured by state
officers was held admissable in federal
prosecutions. 3
Federal Decisions
Subsequent federal decisions devel­oped
few limitations on federal use
of illegally procured evidence. One
was that federal officers could not
participate in the search.4 The other
was that the search and seizure be
made solely on behalf of the United
States.5 The possibility of state­federal
co-operat;on was little limited
by these qualifications. 6 If the federal
officers merely kept out of sight, the
burden of proof that the search was
instigated by them was practically
impossible to carry by the defendant.7
Willingness of state officials to co­operate,
or at least promote federal
crime enforcement by conducting il­legal
searches has increased tremen­dously
in the last few decades. The
reasons are several. Organized crime
extends through several states and
federal jurisdiction is needed for large
scale operations. Secondly, the cost
of criminal prosecutions is shifted to
the federal treasury. Thirdly, as the
need for an illegal search increased as
a crime combative device, so had the
unwillingness of state courts to admit
this evidence.s As a result, in a state
which excluded illegally procured evi­dence,
the impetus was great to co­operate
with the federal authorities.
On June 27, l96J the Supreme
Court, in Elkins v. United States,f1 put
an end to the use of all illegally pro­cured
evidence in federal prosecutions.
However, the Court still refused to
hold that illegally procured evidence
is constitutionally invalid. At best the
decision will discourage state con­ducted
illegal searches for use in
federal prosecutions.
The author of this issue's re­view
article, Laurence D.
Knowles, received his Bachelor
of Arts degree in 1955 from
LaSalle College in Philadelphia
and his LLB in 1958 from Rut­gers
University, where he was
selected as editor of the Rutgers
Law Review. He was awarded a
Sterling Fellowship at Yale U ni­versity,
where he obtained the
LLM degree. Mr. Knowles is
now working toward the ]SD
dzgree through Yale.
A native of New Jersey, Mr.
Knowles joined the faculty of the
University of Louisville School
of Law in 1959 and teaches the
Public Law courses. He serves as
Associate Editor of the Family
Law I ournal and is a member of
the Kentucky Bar, having taken
the state bar examination in
1960.
The State Courts
State Courts may constitutionally
admit illegally procured evidence in
state prosecutions.lO
Twenty-four of the fifty states hold
~hat illegally procured evidence may
be admitted to their courts. Although
every state constitution, save one, has
a provision analogous to the Fourth
Amendment, the twenty-four states
see no reason to allow a "criminal to
go free because the constable bun­gled."
(One might question whether
the bulk of illegal searches are not
planned illegality, and are not a prod­uct
of inept police work.)
This term the Supreme Court held
that state officers would be liable
under the Federal Civil Rights Act for
illegal searches, but still refused to
hold the evidence inadmissable . !~ This
decesion places an effective deterrent
upon illegal searches conducted by
Seizures
state officers. Despite the fact that the
evidence is admissable, state officers
will not want to risk a civil suit to pro­cure
it.
Since the Supreme Court has re­peatedly
refused to hold the illegally
procured. evidence invalid, federal off­icers
could procure it, and leave the
prosecution to the states. This oppor­tunity
for federal-state cooperation
was thought severely limited by Rea.
1) . United States,12 in which a federal
officer was enjoined from testifying in
a state court as regards evidence he
illegally Frocured. Without the pro­curing
officer the foundation for the
evidence may be impossible to estab­lish.
However, the Supreme Court
very recently intimated that the Rea
case will be severly limited, and that
federal courts may not enjoin federal
officers from testifying in state pros­ecu~
ions.13 Consequently, since the
Civil Rights Acts do not _ apply to
federal officers, there is no deterrent
(except internal discipline) for federal
-state cooperation in illegal searches.
Conclusion
The recent Supreme Court cases
appear to severely discourage illegal
searches and seizures. However, de­pending
upon a clarification of the
Rea doctrine, the Supreme Court may
have made no advance at all. Merely
the searcher and the prosecutor will
change places.
l."The right of the people to be se­cure
in their persons, houses, papers,
and effects, against unreasonable
searches and seizures, shall not be
violated, and no warrants shall issue,
but upon probable cause, supported
by Oath of affirmation, and partic­ularly
describing the place to be
searched, and the persons or things to
be seized."
2.Weeks v. U.S., 232 U.S. 383.
3. Id. at 398 ............................... .... .
4.Burdeau v. McDowell, 256 U.S.
465.
5.Byars v. U.S., 273 U.S. 28 (1927).
6.Gamoino v. U.S., 275 U.S. 310
{1927).
7.The Prohibition cases point up the
difficulty of proof. Kitt v. U.S., vcB F.
2d 920 (4th. Cir. 1943); Sloane v. U.
S., 47 F. 2d 800 (lOth Cir. 1921).
The federal-state agreements as re­gards
liquor law violations apparently
were that if the activity were on a
large scale, the federal government
would prosecute, it not, then the state
would prosecute. SeeFowler v. U.S.,
62 F. 2d 656 (7th. Cir. 1932).
8.People v. Cahan, 44 Cal. 2d 434,
282 P. 2d 905 {1955); Rickards v.
State, 45 Del. 573, 77 A. 2d 199 ( 19
50) ; State v. Mills, 246 N.E. 237, 98
S.E. 2d 329 ( 1957).
9.--U. S.--{1961).
lO.Wolf v. Colorado, 338 U.S. 25
{1949).
ll.Monroe v. Pape, --U. S.--.
{1961) .
12.350 U.S. 214 (1956).
l3.Wilson v. Schnettler, --U. S.-­(
1961 ).
Peden, Warns
Granted Leaves
Three
Professors William Peden and Carl
Warns have been granted leaves of
absence from the Law School for tl1e
fall semester of 1961.
Mr. Peden will attend the graduate
division of the New York University
School of Law and complete work
necessary for the LL.M. degree in
taxation. During the summer of 1959
Peden attended New York University
as a Kennison Fellow.
Mr. Warns has been selected as the
permanent arbitrator for the Goodyear
Tire and Rubber Company and the
Rubber Workers in their nationwide
agreement.
Both professors will return to their
regular assignments at the Law School
in January of 1962.
Remmers Voted
Senate President
Richard D. Remmers
Richard D. Remmers, a 24 year-old
junior, has been elected President of
the University of Louisville Student
Senate (the student body's governing
organization) for the school year 1961
-62. His election was announced May
4 immediately after the final meeting
of the Student Senate.
Remmers, a 1959 honor graduate of
Notre Dame University, is Editor of
the Law School section of the Univer­sity
of Louisville yearbook, the Thor­oughbred.
He was secretary of the
Moot Court Club last year, and now
serves as Vice-Justice of Phi Alpha
Delta legal fraternity.
While a student at the Law School
Remmers has worked as law clerk in
the offices of Redmon, McAfee, Ewen,
and Davenport.
"Rick" is also active in Kentucky
politics, serving at present as Vice­Chairman
of the Third Congression­al
District on the state Young Dem­ocratic
Club's executive committee.
Deddo G. "Jerry" Lynn, a senior
law student who graduated with
honors at Xavier University, served
this school year as president of the
student senate of the University of
Louisville.
Four THE LoUisviLLE LAWYER
Georgetown 1s Dr.
Speaks At Honors
M iII s
Day
Hastings Wins Four Awards
By David Thompson
The fourth annual University of Louisville Law School Honors
Da program was held on May 1 in the Allen Court Room. The
Honors Day activities, held in official observance of Law Day,
. S. saluted a number of U. of L. law students for their
achievements, both academic and extra-curricular, during the
1960-61 school year.
Guest peaker for the program was
Dr. Robert L. 1ills, Pre ident of
Georgetown College. 1arlin 1. Volz,
Dean of the Law School, presided.
Dr. Robert L. Mills
Dr. ~1ills, a native of Erlanger,
Ky., graduated with honors from the
niversity of Kentucky, where he
holds a doctor's degree with a major
in educational adminstration.
Pre ide.nt Mills has had wide ex­perience
in many fields of education.
!lis educational research includes work
with the Kentucky Bureau of Admin­istration
and Finance and the Leg­islative
Re earch Commission.
In more recent years he ha devoted
his efforts entirely to college admin­i
tration. Before going to the Uni­ver
ity of Texas as head of the De­parbnent
of Educational Administra­tion,
he was Dean of Admissions and
Registrar at the University of Ken­tucky.
Dr. ~!ills urged the student body
to strive for excellence in all things.
"Excellence requires a deep sense of
purpose," he said. "It requires a
vision of mind, of the heart, and of
the conscience. I commend you to
a sen e of purpose which leads to
excellence." The Georgetown pres­ident
reminded the students that each
man is a link between the past and
the future. and any man who does not
ee himself in this respect "does not
rlay his prorer role in this present
day which is his". "What we do in
the future," said Dr. Mills, "depends
on what we do today."
Following Dr. Mills' address, the
awards presentations were made.
Robert P. Hastings, a January grad­uate
of the Law School now prac­ticing
in Louisville, was the recipient
of a $100 cash award given by the
Lawyers Title Insurance Corporation
for the highest grades earned in all
property courses. Hastings also won
a set of the U. S. Code, presented by
Senator John Sherman Cooper; the
outstanding senior award given by
the Delta Theta Phi Law Fraternity,
and the Omicron Delta Kappa award
to the outstanding male student.
Gerald Kiel was the winner of a $100
cash award presented by the Louis­ville
Title Insurance Company to the
graduating senior who makes the
highest grade in Future Interest. A
$250 cash award was presented to
Miss Joyce Ferris for her winning
essay on copyright law in the Nathan
Burkan Memorial Competition. Miss
Dorothy Cox was the recipient of a
100 cash award given by the Louis­ville
Title Insurance Company to the
graduating senior who has shown the
most progress in all tl1e property
courses.
Phi Alpha Delta Law Fraternity
honored past Justice Robert Breetz as
the outstanding senior, and present
Justice Edward Briscoe as the out­standing
freshman. Helen A. Viney
was chosen outstanding woman stu­dent
by the members of Kappa Beta
Pi Law Sorority. Robert Breetz, John
Sloane and David Beckman were rec­ognized
for their work as the Law
School's ational Moot Court repre­sentatives,
and tl1e Bureau of National
Affairs Award for the senior who has
made the most progress in his senior
year went to John C. Thrapp. Cer­tificates
were presented to the mem­bers
of the Briefing Service, the Judi­cial
Assistantship Program, and the
Journal of Family Law, as well as to
tl1e participants in the recent Moot
Court arguments held at the Univer­sity.
The annual Book Awards were
presented to tl1ose students who re­ceived
the highest grades in each
course.
207 ENROLLED
Two hundred seven students are
enrolled in classes at the law school
tl1is semester. There are 114 day stu­dents,
whereas ninety-three are en­rolled
in the night classes.
The day students are divided as
follows: thirty-one seniors, thirty-two
juniors, and forty-five freshmen. There
are fifty-six first year night students,
while the other three classes have ten,
tl1irteen, and fourteen, respectively.
Professor Johnson
To Retire
Prof. Joseph S. Johnson
By Bill McHugh and
Rick Remmers
At the conclusion of the 1961
spring semester Professor Joseph S.
Johnson plans to retire from the Law
School faculty.
Professor Johnson has been a mem­ber
of the faculty since 1952 and has
taught courses in Criminal Law, In­surance,
Evidence, Legal Writing, and
Legal Research. He was particularly
conversant with many unusual aspects
of Criminal Law, as he was an agent
for tl1e Federal Bureau of Investiga­tion
from 1929 to 1950.
A native of North Dakota, Johnson
received his B.A. degree from St. Olaf
College, Northfield, Minnesota, in
1920, and his J. D. degree from the
University of Chicago in 1928.
An avid golfer, he takes an active
interest in many other sports and has
~erved on the university's Athletic
Committee. As chairman of the uni­versity's
Parking Committee, Professor
Johnson served as "Chief Justice" in
all cases involving infractions of the
parking regulations.
When Kappa Beta Pi legal frater­nity
(women's international) was or­ganized
here last year, Johnson was
chosen as faculty advisor for the
organization. He takes considerable
pride in being the only male in the
organization and the members dem­onstrated
their appreciation by award­ing
him the Honor Key of Kappa
Beta Pi.
Upon retirement, Professor and Mrs.
-ohnson plan to live in southern
Florida and occasionally visit their
cottage on the Pelican Lakes in
:\1ichigan.
SBA Buys Typev.rriiers
The Student Bar Association has
purchased two reconditioned typewrit­ers
for use by students in the library.
In addition, one of the typewriters be­ing
useA. already has undergone repair.
Curriculum
Changes
by Harry Shapiro
The law school takes no exception
in trying to further its curriculum
needs and thus equip the law student
with a more varied and interesting
course structure. A faculty committee
concerning curriculum, composed of
Professors Robert Foster, William
Peden, Ralph Petrilli and Carl Warns,
submitted their report to the faculty
meeting and their recommendations
were unanimously adopted.
Most of the present courses will be
kept but certain titles will be modified
so as to suggest a truer analysis of the
course study. Also, a few courses such
as Labor Law, Legal Research, Lerral
Writing, and Legal Accounting ~ill
be rearranged so as to give the stu-.!ent
the best opportunity for achieving t;.e
most out of the course.
Freshmen will have Legal Research
and Writing their first year and will
thus be provided with a tool to use
in preparing moot court briefs and also
a better background for the last two
years. Labor Law will be moved to
the third year in order to insure that
earlier courses can be taken which
are prerequisites for this particular
study. Legal Accounting will also be
required of all students who have not
previously had similar courses in this
field.
Before graduation, students will
have to have taken at least one of
the following: Jurisprudence, Com­parative
Law, Legal History, or Inter­national
Law. These courses are in­tended
to provide the graduate with
a broader prospective needed for his
responsibility of leadership and law
improvement.
Due to the increased importance of
Conflicts of Laws, the course will be
enlarged to four hours. This will en­able
a greater amount of material to
be covered during the semester. Con­flicts
of Laws has become one of the
most changing courses due to the
tremendous amount of federal and
state legislation enacted each year.
This step by our law school is one
which most of the law schools through­out
the country are taking.
Many other suggestions were dis­cussed
and their initial planning has
been started. These include bar
courses to be taught in summer school.
Several of our studen~s go to summer
school in order to graduate early
1nrl certain courses must be taken
before one takes the bar exams. Thus,
the law school will offer at least two
of these courses every summer.
Other weaknesses were discussed
concerning the third year program. It
was suggested that the student elect
from one of a series of courses which
would provide factual problems similar
to those he will encounter in the
practice of law and to give him an
opportunity to investigate in depth one
or more aspects of law in a field of
particular interest.
These curriculum changes will pro­vide
a new and more direct avenue to
the preparation of lawy.,rs.
THE LOUISVILLE LAWYER Five
Kentucky Governors Split 4 - 3
On Court of Appeals' Judges Selection
Gov. Bert T. Combs
1959-
Gov. Earle C. Clements
1947- 1951
Combs. Clements. Willis. and Sampson
Favor Present Method of Election
by Carroll Hubbard, Jr. and John L. Arnett
The consensus of the present and of all living former governors
of .Kentuck as to whether the judges of the Kentucky Court of
ppeals hould be elected or appointed favors election by the people
of the Commonwealth.
B o t h Republican ex-governors,
imeon . Willi and Flem D. Samp­on,
fa,·or the present elective system.
They are joined in the majority opin­iou
by Democrats Bert T. Combs
and Earle C. Clements. Former Gov­ernor
Albert B. Chandler, Lawrence
\ . Wetherby, and Keen Johnson,
voicing the minority opinion, believe
that the appointment method is best.
Gov. Albert B. Chandler
1935- 1939
1955 -195~
The Court now consists of seven
judges, each elected from a separate
judicial district for an eight year term.
The terms are staggered so that no
more than four judges are elected in
one year.
Governor Combs, a former Chief
Justice of the Court of Appeals, be­lieves
our present system of election
is basically sound. He thinks the elec­tions
should be non-partisan and that
Gov. Lawrence W. Wetherby
1951- 1955
Gov. Simeon S. Willis
1943- 1947
the decisions of the court thus far
have been non-political.
Combs did not approve of the pro­cedure
in some states where the judges
of the highest state court are appointed
by the governor from a list of recom­mendations
by the state bar associa­tion,
because "politics is not thereby
eliminated."
Recommendations by the Kentucky
State Bar Association may be useful,
Combs believes, in assisting the voter,
but the ultimate choice should lie
with the people in the separate dis-tricts.
Willis, governor from 1943-1947
and also a member of the Court of
Appeals, would make only one change
in the present system : He recom­mends
that the candidates appear on
a non-partisan ballot, in order that
Gov. Keen Johnson
1939- 1943
-Courier Journal Photos
Gov. Flem Sampson
1927- 1931
the choice would be based on the
qualifications and not the party affia­tion
of the particular candidate.
Clements, governor 1947-1955, puts
little credence in any appointive
system because "it would eliminate
little if any politics from the judge­ships."
He believes that "in a democ­racy,
the people should be allowed
to select their own judges, based pri­marily
on standards defined by the
legislature. If these standards are
inadequate, they should be raised by
the legislature to be commensurate
with the will of the people."
Also having the distinction of being
both governor and chief justice of the
Court of Appeals is Flem Sampson,
governor 1927-1931. Governor Samp­son
feels that generally Kentucky has
had well qualified judges in the Court
of Appeals, although the state has had
some politics in the judiciary. He feels
tl1at the people should continue to
select the judges by the ballot based
on the qualifications and integrity of
the individual candidates.
CHANDLER, WETHERBY
AND JOHNSO DISSENT
"Happy" Chandler, governor for
two terms, 1935-1939 and 1955-59,
feels that a study of the judiciary is
in order, due to unethical and illegal
practices of some of the past judges of
the Court of Appeals.
Governor Chandler favors "a pro­cedure
similar to the federal judge­ship,
whereby judges are appointed
for life by the governor at his discre­tion
and a subsequent approval is
made by the state senate after the
senate has held public hearings."
These judges would be subject to
impeachment by the senate for any
gross malfeasance or nonfeasance.
(continued on page 7)
Six THE LOUISVILLE LAWYER
Recent
Circuit
Kentucky
Court Cases
by Walt Cato
The Circuit Courts of our states have often been described as the
foundation of the law-making process. A vast majority of all litigants
obtain their day in a circuit court and upon receiving a judgment,
they proceed no further; the Circuit Judge is the final arbiter of most
legal controversies.
\\'e have compiled here two chan­cery
cases which we trust will
hed some light on "the factual preci­sion
required in deciding equity cases.
The facts and opinion of the first case
were kindly donated by Judge Blakey
Helm, Chancery Branch, Third Divi­sion
of Jefferson Circuit Court. The
second case we obtained through the
kindne of tuart Lampe, Judge of the
Chancery Branch, Second Division,
Jefferson Circuit Court.
1. Action to Enjoin Obstruction of
Drainage
Defendant in the instant case owns
property which lies adjacent to an area
which forms a local confluence for
-lrainage waters flowing into one
of the larger creeks in Jefferson Coun­ty.
The construction of a dead-end
street on which defendant's property
abutted had altered the natural drain­age
to some extent, but this alteration
was ordinarily compensated for by a
concrete lined culvert which diverted
draining waters from defendant's prop­erty.
However, in times of heavy rain­fall
the natural flow of the rainwater
could not be adequately drained by
the culvert, and the remainder of the
water over ran the curb at the end of
the street and inundated defendant's
property.
In order to combat the future fortu­ity
of damaging rain water drainage,
defendant constructed an eight inch
high retaining wall of brick and mor­tar.
The structure was parallel to the
line of the street curb, and about 20"
on defendant's property behind the
side.,·alk. \Vaters which flowed over
the curb would thereby be thwarted
by defendant's wall from flowing a­cross
the major portion of his lot.
After the construction was complet­ed,
an action was brought against de­fendant
to enjoin the maintenance of
the wall. The suit was brought by five
property owners located near defend­ant,
and by one of the myriad sixth
class cities in Jefferson County, within
which the parties reside.
The Plaintiffs' claim was based, in­ter
alia, on an ordinance which it as­serts
is a building code. Plaintiffs con­ceded
that the ordinance was not en­acted
pursuant to KRS 1 ;o, the zoning
statute. Defendant mainta;ned that the
ordinance is of a zoning nature, and
not of a building nature, and that it is
invalid in that it conflicts with KRS
100.
The Circuit Judge distinguished be­tween
zoning ordinances and build;ng
ordinances, and cited in his support
the American Sign Corp. case, Ky.
276 SW2d 751, which discussed the
distinction. Zoning statutes customarily
deal with the use of areas and sur­rounding
conditions while building
codes ordinarily relate to structural as­pects
of building.
Concluding that the ordinance was
a building law, the judge felt that it
did not apply to a retaining wall
which furthers rather than detracts
from the public welfare. "Recognizing
that the ordinance is valid for the pur­poses
for which it was intended, it still
has no application to the construction
from the ordinary purposes of a fence,
as a dividing line or an enclosure."
Moreover, the judge took cognizance
of the fact that plaintiff-city had
"made its own bed" in constructing the
street in such a manner as to compel
defendant to resort to self-help in the
form of the retaining wall to protect
his property from the excessive drain­age.
"So long as the drainage is di­rected
... so that it must be diverted
... away from defendant's property,
the City ... is not in a legal position
to insist upon the removal of the re­taining
wall, even if the ordinance had
intended to prevent the building of
such small structures."
In conclusion, the court held that re­strictions
in deeds on the construction
of fences did not relate to a structure
of the sort which defendant had erec­ted.
"The term 'fence' cannot in any
way describe the retaining wall which
was not built to enclose an area or
separate different tracts of land." Judg­ment
was for defendant.
2. Jealousy As Grounds For Di­vorce
An action for absolute divorce was
sought by the husband and his wife
answered with a petition for dismissal,
and a furth er claim for periodic ali­mony.
Plaintiff replied with a plea that
a property settlement provided a bar
to alimony. The commissioner had re­commended
that both the complaint
and the petition for alimony in the
answer be dismissed.
Plaintiff based his claim for divorce
on grounds of cruel and inhuman
treatment. Tllis ground was consti­tuted
by alleged nagging on the part
of his wife. Plaintiff elaborated in
stating that his wife kept up with his
every movement, was jealous of him,
and thus destroyed his peace of mind.
Strong reliance was placed by Plain­tiff
on Sales v. Sales 222 Ky. 175, 300
S\V 354, where a divorce was granted
due to extreme jealousy on wife's part.
There, the defendant's wife testified
that she thought she was better than
Plaintiff's family, and that she re­fused
to speak to his family. Letters
were introduced wherein she called
her husband a "jackass." Moreover,
(continued on page 7 )
Briscoe,
Campus
Emberton Head
Lega~ Fraternities
Edward D. Briscoe, ]r.
The present officers of the PADs
are: Edward D. Briscoe, Jr. , Justice;
Rick Remmers, Vice Justice; Carroll
Hubbard, Jr. , Clerk; Walt L. Cato,
Treasurer; and Petey Bryant, Marshal.
The fraternity is continuing a close
relationship with the alumni chapter.
On the occasion of the second semester
rush dinner, the alumni attended and
held their meeting also. William
Jones, a U.S. District Atty., was the
speaker.
Pledges this semester included:
Edward Klump, Jr., Bob Kohn, Harry
Shapiro, Allen Gailor, Allan \ Veiss,
and Benjamin Rosenbawn.
The Phi Alpha Delta fraternity was
honored with the presence of Supreme
Justice Anthony De Grazia at the
April dinner meeting. DeGrazia, a
practicing attorney from Chicago,
spoke at the meeting. He was accom­panied
by District Justice Judge Ray
Faulconer of Indianapolis. It was the
first time that this chapter has been
so honored.
The Ninth District Conclave Con­vention
of the PADs was well repre­sented
bY. the Louisville chapter. Ed
Briscoe, Terry McBrayer, and Bert
Van Arsdale journeyed to Toledo to
attend the gathering. Ten schools
were represented at the meeting.
DELT'S WIVES AUXILIARY
The Wives Auxiliary of the Delta
Theta Phi Fraternity held their
annual meeting at Iroquois Gardens
with a dinner party May 13. Special
event of the evening was the
presentation of the graduation cer­t1icate-
s to the members whose hus­bands
will graduate this year. The
wives receiving their PHT (putting
hubby through) are Dot Runner, Judy
Nutt, and Joyce Martin.
New officers installed at the meet­ing
were Rita Hagan, president; Jean
Marshall, vice-president; Alene Ber­nard,
secretary; and Patrica Karem,
social chairman.
Shirley Ann Nall, wife of junior
Jerry Nall, has served as president of
the group this year. Mrs. A. C. Rus­sell,
wife of the former Dean, is the
auxiliary sponsor.
Tom Emberton
Newly elected officers of Delta
Theta Phi include Tom Emberton,
Dean; Jack Stephens, Vice-Dean;
Jerry Nail, Tribune; Charles Hooden­pyl,
Clerk of the Exchequor; and Jim
Sohan, Clerk of the Rolls.
Pledges initiated
semester are Ron
Thomas, John Ford,
and Dave Brangers.
during the last
Guyton, Dave
Matthew Patton,
The fraternity is currently sponsor­ing
a lecture series at the law school,
designed to bring the student into
closer contact with the everyday prob­lems
of the practicing lawyers.
Attorney Frank E. Haddad, Jr. , of
Louisville, was the guest speaker at
the first of the ser;es of lectures . on
practical problems of the law March
15 in the law school's Allen Court
Room.
John Y. Drown Lexington attorney,
spoke at a similar event April 10.
Marlin M. \'olz has given his
approval of the lecture series. Students
Jack Stephens, Dave Beckman, John
Arnett, and Tom McGovern have
been appointed by the fraternity to
implement the lecture program.
Topics under consideration for sub­sequent
months are: "How to Use
Scientific Devices"; "How to Pass the
Bar Exam"; and "How to Handle the
Personal Injury Case".
Tom Emberton, president of the
Delts, said that the purpose of this
lecture series is "to help make the
period of adjustment from law school
to the practice as easy as possible."
200 Couples Enjoy
Barrister's Ball
The Student Bar Association's ann­ual
Barrister's Ball was held in the
Continental Room of the Henry Clay
Hotel April 15.
Approximately 200 couples enjoyed
the music of Ossy Howard and his or­chestra
during the 9 p.m.-1 a.m. event.
THE LOUISVILLE LAWYER Seven
Cook vs. Ray ?
Two young and versatile Louisville
attorney6 ' ho have had many out­standing
law and political accomplish­ments,
~1arlow Cook and Thomas Ray,
are ,·irtually sure to meet head-on in
the County Judge race in Jefferson
County this ovember.
Both Democrat Ray and Republican
Cook are in tl1eir early thirties and
have erved in tl1e State House of
Representative .
Both also are graduates of the Uni­ver
ity of Louisville School of Law.
32 Seniors
To Graduate
The raduating senior of the 1960-
61 class of the niversity of Louisville
School of Law are:
B CHELOR OF L \ S
Hobart D. Bell-nap, Jr.
Herbert .\1. Berman
Thomas . Brown
William . Buckaway, Jr.
Jame \\'.Burns
Leon:::rd . Chauvin, Jr.
James :,1. Clements
Dorothy aines Cox
Colling J. Edelen
Thomas 0. Garvery
Edwin \ '. Holder, Jr.
Le lie G. Houston
Grayson Johnson
Gerald . I-:eil
Lloyd E. I-:oehler
Howard E. Lerner
Deddo erard Lynn
J. Da,·e .\lartin
eorge Erwin Mercker
Jame Carl ~Iiller
Armand L. Ostroff
Charles I. andmann
William L. Shadoan
Jame F. teinfeld
Robert F. ullivan
\\'alter cott Thom on
James R. Thornton
Charle L. Tre,·athan
Rov Lee Turner
Helen nn Viney
William Todd Walton
Richard M. \ halen
Founder's Day
To Be Held
The School of Law will celebrate
Founder's Day 1ay 18. It was May
18, 1846 that tl1e Board of Trustees
of the University of Louisville voted
to establish the Law School.
Dean Marlin M. Volz and Attorney
Daniel P. Marshall, Jr., President of
the Law Alumni Association, have
written the alumni urging them to
arrange a function for lhe law alumni
of the.ir cities and surrounding areas
on or about May 18.
Kentucky Governors
(continued from page 5)
Wetl1erby, governor 1951-1955, be­lieves
that the state's highest court
has had some involvement in politics
and that there is a possibility that an
unqualified judge could be elected
thereby. Governor Wetherby feels
that appointment by the governor
from a list of candidates approved by
the Kentucky State Bar Association for
a term in excess of eight years would
be in order. At the end of the term
tl1e judges would have the preroga­tive
to run for a new term on the
ballot.
Keen Johnson, governor 1939-1943,
feels that the Court of Appeals has
rendered a high caliber of decisiom
generally. He had no particularly
strong views eitl1er for election or ap­pointment
, but favors the latter in
that perhaps we would have "better
law" by the appointive process.
Governor Johnson said, "Over the
long run it seems to me that the
caliber of the court would be im­proved
tluough the appointment of
the judges by the governor."
Therefore, we have another 4-3
decision. It could be predicted with
some measure of assurance that this
same question will remain moot for
many years hence.
SENIOR CLASS
First row, left to right: Herby Berman, Jerry Lynn, Helen Viney, Howard
Lerner, Jernt Kiel, Joyce Ferris, Jim Thornton, Grayson Johnson. Second row,
l. to r.: Les Houston, Hale Nutt, Armand Ostroff, John Berry, Bill Buckaway,
Robert Riggle, Jim Steinfeld, Hobie Belknap, Chades Sandmann, Roy Tttrner,
].'m K. Profitt. Third row: Bob Sullivan (left) and Charles Trevathan.
Other members of the senior class who are graduating in June appear in
column 1 of this page.
Constitution Change
Sought by Senator Garnett
The failure of the voters in November to approve the proposed
Constitutional Convention has caused much consternation in many
quarters. Among those affected are the proponents of a plan to
revise the judiciary system in the state of Kentucky. They are now
planning measures to effect such a change by amendment to the
present constitution.
Commercial Code
Criticized
The Bowling Green Bar Association
released a resolution May 3 calling
ior repeal of the Uniform Commercial
Code adopted by the Kentucky Legis­lature
in 1958.
The Code, which became effective
July 1, was an attempt to make Ken­tucky'~
laws on contracts, negotiable
instruments, and the like conform to
those in other states.
The association said the code "has
had the e.ffect of confusing the law
with respect to the commercial trans­actions
witl1 which it deals."
Circuit Court Cases
(continued from page 6)
the plaintiff's testimony of her jealousy
and cruel activities was supported by
other witnesses.
In the present case, conversely, the
disinterested testimony revealed that
defendant called plaintiff "every day
or so" at his place of business during
lunch hom. It was testified further
that the calls ultimately made him
jumpy and nervous, and that the
swiftness with which he raced to the
telephone to ascertain the nature of
his spouse's message merited for him
the appellation "Bunny." The chan­cellor
said of the foregoing testimony;
"This testimony does not establish
nagging and does not establish the
charge of jealousy."
Plaintiff's claim was shadowed by
adverse testimony relative to the at­teions
he bes:owed on another married
woman with whom he had been seen
several times at various locations.
The Judge also refuted plaintiff's
declaration that tl1e demonstrated
attitude of his wife had caused him to
develop an ulcerated stomach. The
testimony showed that the ulcer had
appeared about three months after
plaintiff left his " ·ife. For these rea­sons,
tl1e judge felt constrained to
deny plaintiff a divorce.
With regard to defendant's claim
for periodic alimony the judge ruled:
"Although defendant testified that she
did not understand tl1e property set­tlement
agreement, we do not here
have that strong, clear and convinc­ing
testimony that would authorize
the setting aside of a contract on the
ground of fraud."
Complaint and counterclaim dis­missed.
State Senator Richard Garnett of
Glasgow, chairman of the Judiciary
Committee in the upper chamber, re­cently
proposed that the following
plan for revision of the court system
be introduced in tl1e 1962 General
Assembly:
I. County Court: There would be
at least two county judges in each
county. One would be called tl1e
Fiscal Affairs Judge, the other the
County Judge of Law. The latter
would have to have the same qualifi­cations
as the present Circuit Court
Judges, and he would preside over the
County Court. His jurisdiction would
be similar to the jurisdiction of the
present Circuit Court.
II. Circuit Court: This would
serve only as an intermediate Court
of Appeals. There would be seven
circuits, one for each of the seven
appellate districts, with five judges
elected to each bench. The circuit
court would be ambulatory, with four
terms a year.
III. Court of Appeals: There
would be no change in the Court of
Appeals, except that jurisdiction
would be by appeal from one of the
circuit Comts.
IV. Quarterly Court: Would be
presided over by the County Judge of
Law, and would have jurisdiction over
traffic violations, civil cases now un­t:!
ertaken by the Quarterly Comt, and
domestic relations and juvenile cases.
V. Police Court: There would be
no change, except that police comts
would be restricted to first, second
and third class cities.
VI. Justice Court (Magistrate):
Jurisdiction would be reduced to ad­ministering
oaths, issuing subpoenas
and processes, and conducting exam­ining
trials.
1846 Resolution
Two paragraphs in the resolution
drawn up by the Board of Trustees of
the University of Louisville when the
Law School was established in 1846
read:
"Each professor in the Law Depart­ment
shall have the right to collect
from each student on delivering to
him a ticket to his lectures for each
session Twenty Dollars. And all ex­penses
incident to that department
shall be paid by the faculty of that
c!epartment.
"The Lecture Terms in the Law De­partment
shall commence on the
first Monday in the month of No­vember
and end on the first Monday
in the month of March following."
Eight THE LOUISVILLE LAWYER
Davis and Trautwein
Win Moot- Court
Snyder, Shapiro Runners-up
By Jim Simpson
" 1ove aside, men!" The seven girls attending our law school
can well say such now that Mrs. Virginia Davis and Mary Lou
Trautwein have won the 1960-61 moot-court competition for
freshment students.
The first year females, representing
night school competition, defeated
Ronald Snyder and Harry Shapiro in
the finals held in the Allen Court­room
on Sunday, April 16. Both
Snyder and Shapiro, who captured the
day-school honors, are first semester
freshmen and began working on the
case during their third week of law
school.
The annual moot-court final was
judged by Henry L. Brooks, United
State district judge; John S. Palmore,
a judge on the Kentucky Court of
Appeals; and L. R. Curti , Jefferson .
County Circuit Court judge.
The argued case involved a "de­fendant"
who stole a jeep at_ gun
point and killed a child while speed­ing
across a playground. Arguing on
behalf of the Commonwealth were
Snyder and Shapiro.
The finalist were presented with
cash awards and keys.
Jim Sohan, day-school junior, served
this seme ter as president of Moot
Court Club. Dave Beckman and J. T.
Frankenberger were vice-president and
secretary, respectively.
Tribute .....
lim Sohan
SBA OFFICERS
The officers of the Student Bar
Association for the school year 1960-
61 are: Ernie Eubanks, president;
Tom Emberton, vice-president; Paul
Kleine-Kracht, secretary; and Jerry
N all, tre-asurer.
(A more comple:e story concerning
these officers appeared in the last
edition of the Louisville Lau;yer.)
On April 11, 1951, the announcement was made that Dr. Philip Davidson,
then Dean of Vanderbilt University's Graduate School and Senior College,
had been selected as president of the University of Louisville.
From the start he saw his job as president of a municipal unive-rsity in
broad terms- as administrator, as friend, and counsellor of faculty and stu­dents,
and as a sort of academic ambassador to the community at large. In all
these areas he has performed with notable success. .
The law school, as well as every other branch of the University, has grown
substantially, both in size and prestige, during his incumbency. The programs
of each school have reflected the drive, the imagination and the wisdom of
its active university president.
And Philip Davidson, for all of his experience, is not yet out of his fifties.
It is a happy thought that we have seen only the first Davidson decade at
the U. of L.
THE LOUISVILLE LAWYER
University of Louisvilie
School of Law
2301 South 3rd Street
LOUISVILLE 8, KENTUCKY
FORM 3547 REQUESTED
Ed.
Side Splitting Songs Highlight Gridiron Fete
Held January 18 At Brown Hotel
Louisville lawyers attending the annual gridiron dinner of the
local bar association at the Brown Hotel January 18 had a blast!
Some members even wore Bermuda shorts, straw hats, sweat
shirts, and coconut hats to the dinner meeting that cold, winter night.
But all seemed to keep warm somehow.
Much of the warmth came from
laughing until it hurt when Louisville
attorneys Glenn Schilling, Gordon
Davidson, and E. P. Sawyer got to­gether
with side-splitting songs and
prose. The trio's major targets were
the controversial location of the pro­posed
new Atherton High School (City
School Superintendent Sam oe v.
Courier-Journal President Barry Bing­ham)
and the state administration's
cancelled truck contract.
The Atherton situation was sung
to the tune of "Mairzy Doats" and
the truck deal to the tune of "Sixteen
fons."
For example:
" oesis no then Noesis yes
"Then Noesis nuts to Barry
"City'll block it too
"What'll he do?
"If tl1e words seem queer
"And funny to your ear
"A little bit Claggett & Quarry
"Say:
"Noe says no
"Then Noe says yes
"Then Noe says nuts to Barry
"Oh!
oesis no
"Then Toesis yes
"Then Noesis nuts to Barry
"City'll block it, too
"What'll he do."
"All The Voters Are Dumb'
Or:
"Politicians must think all the voters
are dumb.
"Cause they promise the loaf and
give us the crumb
"They give us the crumb, we tag
along
"On performances weak and prom­ises
strong.
"They buy 34 trucks and what Jo
we get
"Some other new taxes and no
bo11us yet."
Elect An Accountant
And a final jab at, "Why can't I
be mayor? Why? Why? The most
important qualification is the ability
to estimate crowds at political rallies.
For that reason alone an accountant
should be mayor ... "
The meeting was held at the Brown
Hotel. About 80) attended.
As the guests wandered away from
the dinner, someone remembered the
lines of the last verse of the second
song:
"They bought 34 trucks and what
do we get
"Some other new taxes and no
bonus yet
"The moral is as simple as A. B. C.
"And he says he's returning in '63."
Professors at the University of Louisville School of Law this semester are:
( left to right) William Peden, William Dolson, Dean Marlin Volz, Joseph S.
Johnson, Carl Warns, Robert Foster, and A. C. Russell. Not pictured are
Professors ]ames Merritt, Athol Lee Taylor, Laurence Knowles, and Stuart
Lampe.
Non-Profit Org.
U. S. POST AGE
PAID
LOUISVILLE, KY.
Permit No. 435