Louisville Lawyer
VOL. I LOUISVILLE. KY .. MARCH. 1956 No.3
1956 KSBA Convention, April 4-5
New Student
Organization Formed
ILSA Welcomed To School
A new student organization has appeared
at the U. of L. School of Law.
The group, styled the Independent
Law Student Association, is headed
by Edith Schwab and Louis Waller,
Co-Chairmen, and Edwin Perry,
Freshman Representative. The announced
purpose of the new organization
is not to compete with the two
fraternities of the School of Law, but
to provide a forum for the discussion
of all facets of the legal profession at
an informal group level. It is said
to be unique in the respect that it
invites the attendance of friends to
social gatherings, as well as the mem-bers
themselves. ·
The Association initiated its Spring
program on February 28, with two
movies and a talk by faculty advisor
Carl Warns on the . general subject
of "Due Process of Law Denied."
The movies broached the subject from
EDITH SCHWAB & LOUIS
WALLER. Co-Chairmen
the angle of mob violence and lynching
and pointed out the necessity for
recognizing individual rights to a fair
trial. Professor Warns, on the other
hand, pointed to the more subtle
abuses to our liberties which arise in
the arbitration of labor disputes. The
workingman, he pointed out, is often
lost in the magnitude of smoking factories
and grinding machines prevalent
in our society. His liberties are frequently
"de minimis" when it comes
to the regulation of modern "beehives"
in which it is the mass, rather
than tl1e component parts that are
important. The arbitrator's function
is to take cognizance, he concluded,
1956 ALUMNI
FUND BEGINS
GIVE GENEROUSLY
The University of Louisville Director
of Alumni Relations, Leslie Shively,
has announced that the 1956 Alumni
Fund begins on April 4. This date
is aptly styled "Alumni Loyalty Day."
Informative letters and brochures
have gone out to all alumni describing
the uses to which 1955 contributions
were put, and the 1956 objectives of
the fund.
Supplementing the appeal by mail
will be personal contacts by members
of a special committee under the
guidance of Ernest Woodward, II,
chairman of the Alumni Organization
Campaign. These personal contacts
will be made, wherever possible, by
telephone. The members of the committee
will be able to cover a large
part of the state in this manner because
their membership consists of
alumni living in a diversity of areas.
In 1955 there were a record number
2,279 donations made to the
Alumni Fund on a university-wide
basis. This was an increase of over
40% over the preceding year. This
increase was most welcome, of course.
The gifts were appropriately used.
The money received for the School of
Law, among other things, provided
$500 for scholarships, and bought
$1,000 worth of much needed books
for the Law Library.
The goals set for 1956 are higher
by necessity. Another $3,000 is much
needed for the School of Law for
Alumni Scholarships and additional
Library books, in addition to other
needs. All Law School Alumni are
urged to give generously. Remember,
your gift will go to the School of
Law to be used there. Your gift is
an important one, so please give as
generously as you can to help fulfill
the program for 1956.
of the "John Does" in industry and to
give them an opportunity to spell out
their case, with perhaps less fluency
than some union management colossus,
but with the common sense gleaned
from experience that merits a hearing
and due process of law.
The Independent Law Student Association
shows promise of playing a
useful part in the progress of the
School of Law in joining the impressive
array of worthwhile organizations
and projects already existent
here.
Demonstration of Tax Court Case
To Highlight Outstanding Program
On Tuesday evening, April 3rd, at the Kentucky Hotel a Judicial Banquet
will be held by the Kentucky State Bar Association to preface the opening of
the Annual Convention. The Hon. Walter V. Schaefer, Judge of Illinois
Supreme Court will be the principal speaker. All Judges, lawyers and their
ladies are invited to attend the banquet, at 7:00 P.M., the speaking or both.
Registration for the convention will
begin on Thursday, March 29 in
Room 400 of the Jefferson County
Court House and on Tuesday,
April 3 at 2:30 P.M. in the Kentucky
Hotel. The Convention will be officially
opened at 10:00 A.M. with an
address of welcome by A. Scott Hamilton,
President, Louisville Bar Association.
Selden Y. Trimble IV, Hopkinsville,
a U. of L. Alumnus and
President of the Kentucky State Bar
Association will give the Annual Report.
James B. Young, Chairman of
Uniform Commercial Code Committee
will report on the committee's findings.
E. Smytl1e Gambrell, Atlanta,
Georgia, President of the American
Bar Association will address the
morning session.
ESTATE TAX CASE
Wednesday afternoon will be taken
up entirely by a demonstration of
an Estate Tax Case, presided over by
tl1e Hon. Gregory Bruce, Washington,
D.C., Judge of United States Tax
Court. This is expected to be the
highlight of this year's Convention.
A complete cast of characters has
been arranged for the trial. Memb€
lrs of the local Bar, Internal Revenue
Agents, and others have agreed to
participate in this "Trial." Much attention
has been given to <~:uthenticity
and detail and the demonstration
promises to effectively present the
problems and peculiarities attendant
to a case in Tax Court.
ANNUAL BANQUET
Wednesday's program will be concluded
with the Annual Banquet at
7:00 P.M. Dr. Frank A. Rose, President,
Transylvania College, will speak.
Convention business will resume
Thursday morning with a Real Estate
Panel moderated by Judge Parker
Duncan, Bowling Green, followed by
a Tort Panel, "How To Try a Personal
Injury Action" with William L.
Rose, Williamsburg, Kentucky, as
Moderator.
President Selden Y. Trimble will
preside at a General Assembly luncheon
at noon Thursday.
The Convention's business program
will wind up Thursday afternoon with
a panel on Minimum Fees and a panel
SELDEN Y. TRIMBLE. IV
KSBA President
entitled "Two Years Experience Under
Federal and State Rules-Conflicts,
Differences and District Court Rules."
In recent years classes have been
dismissed on Convention Days in
order that tl1e students may attend
the sessions in their entirety. In view
of the scope of this year's program a
continuance of this policy is very desirable.
The K.S.B.A. Convention is
an ideal place for a student to become
acquainted with his profession in practice.
Annual Alumni Dinner
University of Louisville
School of Law
A:t The K.S.B.A. Convention
A:t Louisville
TERRACE ROOM
KENTUCKY HOTEL
April 5. 1956
At 6:00 P.M.
Two THE LOUISVILLE LAWYER
1£~ttnrtal
Improving the public r elations of the bar is one of the
acute problems of the legal profession. Our profession wages
a never-ending battle to keep the respect of the public. The
reason behind this was expertly summed up by an eminent
legal educator who stated, "The lawyer does not produce and
sell a physical commodity as do the farmer and the grocer.
He does not make dentures or carve gold inlays as the dentist
does. His medium is one of intangibles. He deals in a 'service'
that is seldom appreciated and more often misunderstood."
Because of this misunderstanding, the public is prone to feel
that a certain corner of hell is reserved for all lawyers. Such
contempt was manifested by Francisco Quevedo in querying
Satan, "Why do you place the lawyers in the same corner of
hell as the artillerymen?" The reply, "Because, both are eternally
waging war on humanity."
Virtually every lawyer fights back such an unfounded attitude
by always maintaining the highest of professional standards.
There is, of course, the occasional dissolute member
who casts considerable disrepute on the profession. The law
schools throughout the country are keenly aware of this and
have developed a highly selective process of choosing individuals
of the best character. Great strides have been made on the
organizational level. The American Bar Association and the
local bar associations have t~ken definite steps to educate the
public. An outstanding example of such action is a program
that has been presented by the Louisville Bar Association on
television, which has acquainted viewers with the multitude of
ways the law affects everyone's life, and the indispensable role
the lawyer plays.
But because of the intangibility of our "commodity,"
every lawyer must realize something more is needed. Every
lawyer and law student will render an invaluable service to
himself and his profession by seeking out and utilizing some
affirmative method of individually informing or reminding the
laymen around him of the integral and indispensable part the
legal profession forms in our social structure.
An informative and entertaining discussion of this problem
was presented at the Seventh Annual Meeting of the American
Law Student Association last August by the co-creators of the
comic strip JUDGE PARKER.
Through JUDGE PARKER, Dr.
Nicholas P. Dallis, a practicing
psychiatrist, and Mr. Dan Heilman,
an artist, have sought to
improve bar public relations.
They have familiarized the
public with such ideas as legal
aid and have stressed repeatedly
the invaluable role played
by the lawyer and the judge in
the community. Their current
story involves, interestingly
enough a typical law student.
THE LoUISVILLE LAWYER salutes
JUDGE PARKER for his affirmative
action. Won't you
join him? ~ 25 .1955
014r 14nutantllr 14awyrr
Published by the University of Louisville School of Law Student Bar Association
four times a y ear for School of Law students, faculty and alumni.
Editor-·in-Chief ----------------··--····--·····---·--·-················ ··················· JoHN E. STOUT
Managing Editor ............................. ............... ...................... RAYMOND SuELL
Feature Editor ·------------------ ---··--·---------···----------------------------------- LoUis WALLER
ews Editor ........................................................................ THOMAS E. GATES
Associate Editors -------·---------------------------·----·--··---------··--·····--· SHRADER MILLER
........ RICHARD A. REVELL
Faculty Adviser ................................................................ WILLIAM B. PEDEN
ALUMNI PORTRAIT:
AUGUST WINKENHO'FER, Jr.
For his contribution to the University of Louisville, the legal profession
and his community, THE LoUISVILLE LAWYEH pays tribute to August Winkenhofer,
Jr.
Born in Bowling Green, Kentucky, June 14, 1914, Mr. Winkenhofer
graduated from Bowling Green High in 1933. After receiving his A.B. degree
in 1937 from Western Kentucky State
College, he entered the University of
Louisville Law School, receiving his
LI.B. in 1940.
Enlisting in the Armed Forces as
a private in 1942, Mr. Winkenhofer
attained the rank of Captain before
being honorably discharged in 1946.
With the exception of these years he
has maintained a law office in Bowling
Green since 1937.
Since the War, August Winkenhofer
has been active in the American Legion
serving as Commander of Warren
Post No. 23 in 1947, and Commander
of the Third District in 1948. He has
served as a member of the Board of
Directors of the Bowling Green War
Memorial Boys Club since its organization
in 1949. He served as President
of the Bowling Green-Warren
County Bar Association in 1949. During
the years 1949-1953 he presided
as Judge of the Bowling Green Police
Court. He was recently named President
of the newly organized University
of Louisville Law School Alumni
Association. H e i s presently a
member of the Bowling Green-Warren
County Bar Association, Kentucky
State Bar Association and American
Bar Association.
Wanted: A Typewriter
If any of our many alwnni readers
have a typewriter in their office which
is gathering dust, THE LoUISVILLE
LAWYER would welcome the opportunity
to put tl1e machine to some use.
Your new alwnni and student publication
is in desperate need of a typewriter,
and would like to suggest that
such would make an excellent alumni
contribution. If you can help out in
this respect, please drop us a line.
LOUISVILLE BAR
OFFERS
BANKRUPTCY COURSE
The Louisville Bar Association
has arranged a Bankruptcy Course
for interested members of the bar.
It will be presented by Louisville
Attorney John Sandidge, beginning
Saturday morning, April 21 in
the N e w Police Headquarters
Building and running for 10 consecutive
Satmdays. The lectmes
will start at 8:45 A.M. and last
until 10:00 A.M. The registration
fee for the course is $15.00 and includes
a text book with forms.
Students are invited to attend at
the same rate. Mrs. Marie Meuter,
Executive Secretary of the Louisville
Bar Association is accepting
registrations at Room 400, Comt
House.
AUGUST WINKENHOFER. Jr.
B' Ball Plans Announced
The Chairman of the Student Bar
Association Social Committee, James
Daniel, has announced that the 1956
Barristers' Ball will be held on Saturday,
April 21, 1956, at the Henry
Clay Hotel at 9:00 P.M. The Social
Committee has asked that all attending
please note that the dress will be
formal. Bids for the dance will be
mailed to the Alumni soon and must
be presented at the door. Robert
Hutsell and his orchestra wlil provide
the music. --------0--------
BRIEFING SERVICE
Interested Law School Alumni
can receive a lot of valuable assistance
on research problems
from the Briefing Service, a staff
of h and-picked students who supplement
their day-to-day training
through actual preparation of
briefs on legal problems for attorneys
who are pressed for time
or who may not have adequate library
facilities.
Professor Ot is Dobie, along with
Studen t Research Director John
Fogle, screen material to insure
adequate preparation. If you have
a problem (and few attorneys
haven't), you are invited to avail
yourself for this Alumn i service
as so many of your associates
have done since the establishment
of the Briefing Service in 1933.
Briefing Service operations will
soon be slowing down with the
a dvent of final examinations and
the summer vacation. However,
the services offer ed will still be
rendered as long as time r emains,
and will be ava ilable next September
without r estriction as t he
new school year begin s.
GIFT --TAXES
By William B. Peden
At this season of the year lawyers
are thinking about income tax problems
of their own and others. Whenever
a person dies, we think of the
Federal estate tax and the Kentucky
inheritance tax. Rarely do we think
of the Federal gift tax, but this is the
time when thought should be given
to the filing of gift tax returns as the
due date is April 15, 1956.
Because the scope of the Federal
gift tax law is broader than the
ordinary concept of gift, many persons
unsuspectingly make transfers subject
to tax without being conscious of that
fact. The Internal Revenue Code imposes
a tax on the transfer of property
from one person to another
without an adequate and full consideration
in money or money's
worth.l Included in such transfers
are common law gifts, declarations of
trust, forgiving of a debt, purchasing
property with the taxpayer's own
funds and placing title in the joint
names of himself and another, and·
placing funds in a joint bank account
and allowing another to withdraw
funds therefrom.
The value to be placed on gifts for
purposes of the tax is the fair market
value at the date of the gift.2 This
has been defined as what a seller
would be willing to take, being under
no compulsion to sell, and what a
buyer would be willing to pay, being
under no compulsion to buy.3 The
gift of reversionary or remainder interests
creates a special problem requiring
the use of actuarial tables to
compute the value of the estate transferred.
It is especially important to note
that the value on which the gift tax
is computed does not determine the
basis of the property in the hands of
the donee for income tax purposes.
That basis remains the same as it
was in the hands of the donor for
purposes of gain, but for purposes
of loss the basis in the hands of the
donee is the lower of the donor's
basis or the fair market value at the
date of gift. e.g. Donor purchased X
~o. stock in 1940 for $4,000 and gave
Jt to Donee in 1955 when it was
worth $10,000, and Donee later sold
this stock for $11,000. The gain to
Donee is $7,000. On the other hand
if Donor had purchased the stock for
$12,000, and had given it to Donee
when it was worth $8,000, and Donee
later sold it for $6,000, Donee's loss
would be $2,000.
In determining the taxability of gifts
and tl1e requirement of filing a gift
tax return a~ well, the donor may
exclude tl1e hrst $3,000 given during
the taxable year to each donee.4
Therefore, if our donor had 100 relatives
and gave each of them $3,000,
he could give away $300,000 and
have no gift tax problems. However,
once he gives away a total amount
during a taxable year of more than
$3,000 to one person, he has made a
taxable gift of the amount of the excess
and must file a gift tax return.
THE LoUisviLLE LAwYER
Separate and apart from the annual
exclusion mentioned above, and in addition
to it, is the $30,000 lifetime
exclusion.5 Thus, a person can make
$30,000 of taxable gifts during his
lifetime without having to pay a
gift tax. Once this $30,000 lifetime
exclusion is used up, any gift in excess
of $3,000 to any one person during
a taxable year creates a gift tax liability.
Assume that Donor gave
Donee $10,000 in 1954, thereby creating
a taxable gift of $7,000. Donor
The author of this issue's review
article, William B. Peden, serves in
more official capacities and has received
more honors than the average
lawyer has clients. Mr. Peden graduated
from the Bowling Green College
of Commerce, Bowling Green, Ky.,
in 1943, receiving the Yeager & Ford
Award for being the Outstanding Accounting
Student of the year. The
next few years were spent in the U.S.
Marine Corps, in which Mr. Peden
holds the rank of Captain. Returning
to civilian life from World War II,
f,[r. Peden passed the Certified Public
Accountant's examination in 1946,
and was with Albert B. Maloney &
Co., Memphis, Tennessee, 1946-1947.
Mr. Peden came to the University
of Louisville in 1947 in a dual capacity-
as an instructor in Accounting
and as a student in the School of
Law, where he excelled in scholarship
and became Director of the Briefing
Service. One of Mr. Peden's
proudest accomplishments was receiving
the highest grade of those taking
the February, 1950, Kentucky Bar
Examination. He became an instructor
in Law at the U. of L. Law School
in the same year.
Presently Mr. Peden is an Associate
Professor in the Law School, teaching
Taxation, Corporations, Legal Accounting,
Sales, Agency, and in addition
is a lecturer in the School of
Business. Mr. Peden is in private
practice, specializing in the corporate,
estate, and taxation fields . He is a
member of the board of directors of
several corporations; is faculty advisor
to the Student Bar Association; and
is advisor to THE LouiSVILLE LA WYEH.
can use $7,000 of his $30,000 lifetime
exclusion and will not be required
to pay any gift tax. If in 1955
Donor gives Donee $31,000, there
will be a taxable gift of $28,000, and
Donor can use tl1e remaining $23,000
of his $30,000 lifetime exclusion
against this, leaving $5,000 on which
he must pay a gift tax. If in 1957
Donor gives Donee $7,000, a taxable
gift of $4,000 is made, and a gift
tax must be paid tl1ereon.
There are three special features of
the gift tax as it relates to married
persons: ( 1) In the case of outright
gifts to the donor's spouse, the donor
is entitled to deduct one-half of the
value of the property given away.6
Thus, if the donor gives his wife a
$4,000 automobile, he is entitled to
a deduction of $2,000, making a net
gift of only $2,000. ( 2) In the case
of gifts by a husband or wife to a
third party, they can elect to treat
the gift as though each made one-half
of the gift, regardless of which spouse
made the actual transfer. 7 Therefore if
the husband gives Donee $10,000, a~d
the husband and wife elect, this will be
considered as having been given
$5,000_ by the husband and $5,000 by
the Wife. In certain instances this
will be especially valuable because of
the $3,000 annual exclusion. In the
above example, if the husband and
wife do not elect, this will be considered
as a $7,000 taxable gift by
the husband ( $10,000 - $3,000). If
the husband and wife elect, it will
be treated as a $2,000 taxable gift
by each ( $5,000 - $3,000). ( 3) In
the case property is acquired by husband
and wife with the title being
taken as tenants by the entirety with
right of survivorship, and the funds
therefor have been supplied by one
spouse, or in unequal shares by both
spouses, the parties have tl1e right
to treat the benefit received by the
spouse who contributed the smaller
contribution or no contribution at all
as a gift.S
The gift tax is computed on a
cumulative basis in order to prevent
the spreading of gifts over a period
of years to achieve a lower tax. The
method of computation is to take into
consideration in figuring the tax for
the current year all taxable gifts made
since June 6, 1932, and apply today's
rates against the total. 9 The next
step is to compute the tax on all taxable
gifts made since June 6, 1932,
prior to the current year. The result
in the second step is subtracted from
the total in the first computation, and
this figure is the gift tax for the current
year. The net effect is that you
start at the point of the graduated
gift tax bracket that was reached in
the prior year and compute this year's
tax at rates from that point upward.
1. Internal Revenue Code, Sec.
2501, 2511.
2. Internal Revenue Code, Sec.
2512(a).
3. Regulations 108, Sec. 86.19.
4. Internal Revenue Code, Sec.
2503(b).
5. Internal Revenue Code, Sec.
2521.
6. Internal Revenue Code, Sec.
2523.
7. Internal Revenue Code, Sec.
2513.
8. Internal Revenue Code, Sec.
2515.
9. Internal Revenue Code, Sec.
2502.
Three
PHOTO OFFER
How would you like to have a beautiful
picture of tl1e University of Louisville
School of Law suitable for framing
and hanging on the wall at your
office or home? Acting on the suggestion
of one of our alumni readers,
THE LomsVlLLE LA WYEH has made
arrangements to have prints made of
a photograph of the School of Law
building similar to the one which apl?
eared on the front page of our very
first issue last fall. The prints are
on a fine, heavy grade of photographic
paper. The size has been made
11" x 14" so that a purchaser of one
of these striking pictures, in having
his print framed, can order a 4" white
mat to surround the picture, giving
him an overall frame dimension of
approximately 15" x 18"-tlle size of
the standard U. of L. diploma framing.
We are fortunate that in addition
to the many other fine qualities
of our School of Law, we have a beautiful
building. This picture will make
a wonderful companion for your
diploma, and will be a source of
pride to you.
The cost is only $4.00 plus 25c to
cover mailing charges. The slight
profit realized from the sale of these
pictures will be applied to a permanent
fund being set up by THE LomsVlLLE
LAWYER to cover incidental
expenses your publication incurs in
its operation. You may place your
order by sending your check payable
to THE LOUISVILLE LAWYEH, along with
your name and mailing address. Don't
miss this opportunity to have a permanent
reminder of the wonderful
school you attended.
DR. DAVIDSON TO HELP
PLAN BRANDEIS FETE
Centennial To Honor
Supreme Court Justice
Dr. Philip Davidson will help
plan a celebration marking the
100th aniversary of the birth of
Louis Dembitz Brandeis, United
States Supreme Court justice.
Davidson, president of the University
of Louisville, was one of
53 persons named to the Brandeis
Centennial Commission recently
by Dr. Abram L. Sachar, president
of Brandeis University, Waltham,
Mass.
Brandeis was born in Louisville
November 13, 1856, and
died at Washington, D. C., in
1941. He was appointed to the
Supreme Court by President Wilson
in 1916 and served 23 years.
Frank L. Wei!, New York attorney,
will serve as chairman of
the centenial commission. Seventeen
of 19 former law clerks to
Brandeis are commission members.
Four THE LOUISVILLE LAWYER
PROPOSED CONSTITUTION and BY-LAWS
of the LAW ALUMNI ASSOCIATION
of the UNIVERSITY OF LOUISVILLE
CONSTITUTION
ARTICLE I-NAME.
The name of this organization shall be the Law Alumni Association M the
University of Louisville, hereinafter referred to as the Law Alumm Assoctatwn.
Its headquarters shall be in the office of the Alumni Secretary on the campus
of the University of Louisville.
ARTICLE II-PURPOSES.
The purposes of the Law Alumni Association are:
1. To help to maintain the quality of legal education at the University of
Louisville at the highest possible level.
2. To help resolve problems concerned with legal education, especially as
pertains to the University of Louisville School of Law. .
3. To enlist and encourage contmumg fmanctal support for legal educatwn at
the University of Louisville School of Law from alumni and friends .
4. To explore and pursue every possibility to improve and strengthen relationships
between the University of Louisville School of Law, alumni, other
attorneys, courts, and the lay public.
5. To encourage the study of law by individuals of the highest type of moral
and scholastic standing.
ARTICLE III-MEMBERSHIP & MEETINGS.
1. Membership: Membership in the Law Alumni Association shall include all
alumni of the School of Law of the University of Louisville.
2. Meetings: There shall be at least one meeting of the membership annually.
ARTICLE IV- DURATION.
The term of existence of this organization is perpetual.
ARTICLE V-OFFICERS.
The officers of the Law Alumni Association shall consist of a President, 1st
Vice-President, 2nd Vice-President, and a Secretary-Treasurer. All officers
except the first, which have been selected by a Committee named by the Dean
of the School of Law, shall be elected annually in the manner as the By-Laws
may provide.
ARTICLE VI- GOVERNING BODY.
The governing body of the Law Alumni Association shall consist of an
Executive Committee composed of all the officers and the chairmen of such
committees as are set up in the By-Laws.
ARTICLE VII- BY-LAWS.
By-Laws may be adopted or amended by a majority vote of the members
at the annual meeting.
ARTICLE VIII- AMENDMENTS.
This Constitution may be amended by a majority vote of the members
present at the annual meeting, or by a majority of those voting in a mail ballot.
ARTICLE IX-EFFECTIVE DATE OF CONSTITUTION.
This Constitution shall. become effective immediately upon adoption, if
adopted by a majority vote of those present at the annual meeting to be held
during the Kentucky State Bar it~':~}._a..t}5n meeting in the spring of 1956.
ARTICLE I- NAME.
The name of this orgat:tization is the Law Alumni Association of the
University of Louisville.
ARTICLE II-OFFICERS AND THEIR DUTIES.
1. President. The President shall maintain an executive and advisory
relation to the work and policies of this association. He shall be Chairman of
the Executive Committee. He shall perform such duties as are usual for the
President of an organization of this type.
2. First and Second Vice-Presidents. In the absence of the President, the
First Vice-President shall exercise all of his f unctions. In the absence of both
the President and the First Vice-President, the Second Vice-President shall
exercise all of the functions of the President.
3. The Secretary-Treasurer shall keep minutes of all the proceedings of the
organization and shall receive all money or property belonging to the organization
and shall keep such records as shall be designated by the Executive Committee.
ARTICLE III-COMMITTEES.
Membership on all Committees, with the exception of the Executive Committee,
shall be by appointment by the President. The following Committees
shall function for the organization:
1. Executive Committee. The Executive Committee shall consist of the
elected officers, and the Chairman of each other Committee set up by these
By-Laws. The Executive Committee shall exercise the same function for this
organization as that generally exercised by a Board of Directors for a Corporation.
2. Advisory and Visiting Committee. This Committee shall consist of at least
three members who shall visit the School of Law annually to inspect the school
for the purpose of making a report to the alumni of the progress, conditions,
quality of instruction, needs, and such other matters concerning the School of
Law as the Committee deems desirable.
3. Fund raising Committee. This Committee shall have the duty to organize
the fund raising effort on behalf of the School of Law during the annual alumni
1jrive conducted in the spring of each year.
4. Nominating Committee. This Committee shall have the duty to select
two candidates for each of the positions designated in the Constitution, and to
present those to the association at the annual meeting.
5. Other Committees. The President may appoint such other committees
as he deems needed for the good of the organization.
ARTICLE IV-ELECTIONS.
At the annual meeting the Nominating Committee will place in nomination
two candidates for each of the positions designated in the Constitution. Other
nominations may be made from the floor. All those nominated shall be placed
on a ballot which shall be forwarded by mail to each alumni at the address on
file at the office of the Alumni Secretary of the University of Louisville.
Those elected shall be notified by mail and shall take office at the next
annual meeting.
ARTICLE V-QUORUM. ·,
A quorum of the Executive Committee shall consist of three members.
A quorum of the membership shall consist of twenty-five members.
ARTICLE VI-AMENDMENTS.
These By-Laws may be amended by the ma jority vote of the members
present at any annual meeting.
The above proposed Constitution and By-Laws w ill be submitted for adoption
THE LOUISVILLE LAWYER
University of Louisville
School of Law
2301 South 3rd Street
LOUISVILLE 6, KENTUCKY
FORM 3547 REQUESTED
Student o .. gaaizalioas
S:t:uden:l: Bar Association
After functioning smoothly under
Chairman Vlad Gastevitch during the
fall semester, 1955, the Executive
Council met March 2 to elect the
officers for the remainder of the
school year from among t h e i r
number. Jim Ramsey is now the new
Chairman, replacing Gastevitch, while
Ray Suell was elected Vice-Chairman
replacing Mike Stewart, and Bob
Kempf replaced C. E. Powell as
Secretm·y-Treasurer.
The new officers were presented
to the members of the Student Bar
Association at its first meeting after
the January examinations, along with
Jerry Witten, who was named as the
new Chief-Justice of the Student Bar
Supreme Court.
After receiving permissiOn from
Dean Russell to have a soft-drink
machine in the law building again if
a set of rules were specificially followed,
the SBA voted by a unanimous
vote to again have such a
machine in the school, but a similar
motion to allow a ping-pong table in
the lounge for use during after-class
hours was voted down by the majority
of the members.
MOOT COURT CLUB
The Moot Court Club got off to a
good start this semester in electing
Robert Haddad as its new President.
Other officers chosen by the members
to head the Club were Mike Stewart,
Vice-President; and Barry Wehrman,
Secretary-Treasurer.
Under the guidance of this new
leadership the plans for the Spring
competitions are rapidly being formulated
and put into effect. The
freshmen have already started their
usual toil with their respective problems
on the appellate level, and the
trial level cases for the seniors are
being arranged for. Prospective National
Moot Court competitors have
begun volunteering, and more students
are urged to participate in this
worthwhile contest.
PHI ALPHA DELTA
Phi Alpha Delta's local chapter,
Vinson, has recently elected the following
to serve as officers until September
1956: Shrader Miller, Justice;
Kenneth Arnold, Vice-Justice; Dant
Kearns, Treasurer; Edwin Cohen,
Clerk; and Bert Edwards, Marshal.
Carl Bensinger, Harris Berman, Edwin
Cohen, Bert Edwards, Richard
Moorman, Marty Liebman, Anthony
LaPerna, Cass Timmons, and Karl
Victor were initiated into active membership
on February 22.
At a banquet honoring the new
members, Phi Alpha Delta had the
good fortune of having as guest speaker,
Frank Haddad, practicing Louisville
attorney, who spoke on a topic
of utmost interest to law students and
prospective lawyers-the remunerations
of criminal law. Mr. Haddad's remarks
were not all pointed toward the
monetary aspects of criminal law, but
rather were intended to point out
differences and also the similarities
between criminal and civil practice.
Mr. Haddad strongly advised that each
person join the Louisville Bar Association
immediately after passing the
Kentucky Bar in order to become acquainted
with his fellow lawyers.
DELTA THETA PHI
With examinations over, Delta Theta
Phi resumed activities on February 22,
by initiating the following men into
the fraternity. ight school students
were Don Connor, Carl Lish, Adrian
O'Bryan, and Charley West; while
Bob Ackerson, Fred Anthony, Ken
Anderson, Chester Bays, Scott Hamilton,
Bob Kempf, George McAllese,
Earl O'Bannon, Francois Pignon,
Bill Rube, Jack Sehlinger, Dave
Shouse, and Barry Wehrman were
initiated from Day School. The initiation
was preceded with a buffet
supper and refreshments for those attending.
Wednesday night, March 14, saw
the election of new officers, with
Francis Arnold Grever becoming the
new Dean; Barry Wehrman, the new
Vice-Dean; Ed Brady, Tribune; Ken
Anderson, Secretary; Bob Kempf,
Treasurer; Charley West, Master-ofRitual;
and Adrian O'Bryan, Bailiff.
Delta Theta Phi should definitely see
another year of growth, progress, and
development under these new officers.
On Monday, March 12, there was
a combination Alumni-Active dinner
meeting which saw a fine turnout,
with everyone having a fine time and
hearing some excellent speeches from
Scott Hamilton, Sr., and Lawrence
Higgins.
at the a n n ual meeting o f the Alumni of the University of Louisville School of Law
which will be held during the Kentucky State Bar Association Convention in the
spring of 1956. Any com ments or suggestions will be appreciated. Send them to
Dean A. C. Russell, School of Law, University of Louisville, Louisville, Kentucky.
Non-Profit Org.
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