Louisville Lawyer
VOL. III LOUISVILLE, KY., DECEMBER. 1957 No. 1
Peden Is Acting Dean;
No New Dean Report
While the committee is working to select a new Dean of the Law School,
William B. Peden has been appointed acting Dean. No stranger to the Law
School, Mr. Peden has been on the faculty for seven years, teaching courses
in Sales, Corporations and Taxation.
A native of Hardyville, Ky., he was
graduated from high school in 1937 as
valedictorian of his class. He then
attended Bowling Green College of
Commerce for a year, worked in a
bank for two years, returned to Bow­ling
Green and received his B. S. in
accounting in January 1943.
As was the case with nearly every­body
in those days, Uncle Sam beck­oned
and Dean Peden answered the
call by enlisting in the Marine Corps.
He saw extensive service in the Paci­fic
and in China, emerging in 1946 as
a 1st Lt.
Upon discharge he went to work
as an accountant with Albert B. Ma­loney
& Co. of Memphis, Tenn. and
passed the C. P. A. examination in
1947.
In the Fall of that year he entered
this Law School and while a student
he taught in the Economic Depart­ment.
Among his Law School honors
were the PAD award as the outstand­ing
freshman and the ODK award
as the outstanding senior. He was
admitted to the Kentucky Bar in 1950
attaining the highest grade on the
examination.
The Fall of 1951 found him back
at school, this time as an Instructor.
Rapid promotions followed and in
1956 he was made Professor of Law.
Dean Peden has been active in
student activities as faculty advisor to
the Student Bar, advisor to the "Law­yer"
and founder and co-ordinator for
the Judicai Assistanceship Program.
Brooks Receives
freshman Award
Thomas Brooks has been selected
as the recipient of the Richard B.
Linton Award as last year's outstand­ing
freshman in the Law School.
A committee composed of faculty
and students determine who is to re­ceive
the award, which is made by Phi
Alpha Delta law fraternity on a
scholarship, citizenship, and leader­ship
basis.
During his freshman year, Tom led
the class with a 2.5 point standing,
and he participated in the National
Moot Court. This year he was a final­ist
in the competition to determine the
U. of L.'s rerresentatives in the St.
Louis regiona eliminations. He is a
member of Delta Theta Phi law fra­ternity.
Acting Dean William B. Peden
In addition to his other duties and
activities the Dean is associated with
the law firm of Jones, Keith & Ewen,
specializing in corporate, tax and
estate practice.
The committee to select a new Dean
is working toward that end, but has
nothing definite to announce at this
time.
Lecture Series Begins;
Judges Speak On Courts
The School of Law has launched a
new program to introduce the stu­dents
of the Law School to the court
system of Kentucky. This program
consists of a series of lectures on as­signed
topics given by the judges of
the various courts as to how their re­;
pective courts fits into the judicial sys­tem
of Ky. Each lecturer explains the
jurisdiction and function of his own
court, and gives a description of the
type of cases which he administers
and a comprehensive explanation of
the mechanics of the court. Following
each lecture the student body is given
an opportunity to ask questions and
discuss the various aspects of the
court.
The purpose of this program is to
present the administration of justice
a< seen through the eyes of the judici­ary.
A great deal of interest in this
program has been shown by both the
faculty and the student body. Due to
the interest and · success of this pro­gram,
plans to present a related series
of lectures on the practice of law as
seen through the eyes of the members
(continued on page 4, col. 3)
Lawyers Visit
OIJio Valley Bar Bere
For Begional Meeting
Louisville was host to the Ohio Valley Regional Meeting of the American
Bar Association, November 7-9, at the Brown Hotel. Justice Tom. C. Clark of
the Supreme Court of the United States and Retired Justice Stanley Reed,
Maysville, Kentucky headed the list of eminent jurists and attorneys in attend-ance.
Justice Clark, speaking at a lunch­eon
meeting on Thursday, November
7, called attention to the requirement
for a streamlining of the court rules
and the need for the cooperation of all
judges, lawyers, and law professors in
assisting the Courts in the formulation
of new rules. Immediately folowing
the luncheon, Justice Clark, Justice
Reed, and Chief Judge John Briggs,
Jr., of the Third Circuit Court of
Appeals participated in a panel dis­cussion
of a plan of rules revision. A
key feature of the plan would be to
give the Judicial Conference of the
U. S. authority to make a continuous
study of the operation of present
Federal Court rules and to make re­commendations
for changes to the
Supreme Court.
Trial tactics was the subject of two
sessions of the meeting. On Thursday
morning, the Hon. Shackelford Miller,
Jr., of Louisville, Judge of the Sixth
Lawyer-Scientist Huard
Addresses Student Body
The United States is now committed
to the Atomic Era. With the antici­pated
comforts of the new age, come
also many difficult and perplexing
problems.
In an address to the School of Law,
on November 21st, Prof. Leo A. Huard
of the School of Law of Georgetown
University, Washington, D. C., pointed
out these problems and their possible
legal consequences.
A fascinated audience heard por­trayed,
in graphic terms, the results
of the "Brookhaven Report," its im­plications
in the field of negligence,
availability of remedies, inadequacy
of present statutes of limitation, and
administrative and procedural com­plexities.
Prof. Huard concluded that a whole
new field of law is opening up in
which lawyers, doctors, and scientists
must somehow resolve traditional
technological barriers between them in
the interests of justice.
A scientist in his own right as well
as a lawyer, having completed gradu­ate
work in organic and physical
chemistry, experience as control chem­ist
in the high explosive industry, and
as an analytical chemist with the Pure
Food and Drug Administration of the
Federal Government, Prof. Huard was
well qualified to speak as an expert
on the subject.
Circuit Federal Court of Appeals,
moderated a panel on "Preparation
for Trial." James A. Dooley, Chicago,
presented the plaintiff's side of a law
suit and Josh H. Groce, San Antonio,
presented the defendant's side. Dooley
(continued on page 2, col. 3)
Anonymous Donation
Increases Library
By 15,000 Volumes
The Louisville Law Library was
anonymously given to the Law School
recently. This was a privately owned
library which was located in the Ken­tucky
Home Life Bldg. and which
consists of some 15,000 to 18,000
volumes.
It contains the complete National
Reporter system, State reports prior
to the National Reporter, a good col­lection
of old statutes, a large col­lection
of text books, and a great deal
of English material including many
rare old books. Of local historical
interest is a complete collection of
city directories from 1855 to the
present.
As there is some duplication with
our present library a large part of the
National Reporter and early State
reports will be sold. Anyone interested
in purchasing these volumes may con­tact
the librarian for details.
Also included in the gifts were the
&helves from the Louisville Law Li­brary.
These have been set up in the
West classroom in the basement. The
librarian, Mrs. Pearl Von Allmen, and
a special part time assistant are now
in the process of checking and cata­loguing
tl1e books.
The use of the library is not re­;
tricted to students alone, but is open
to any attorney.
----------------
Warns Speaks
At Conference
Professor Carl A. Warns recently
traveled to Cincinnati to speak on the
program of the conference of Arbitra­tion
and Industrial Disputes sponsored
by Management and The College of
Business Administration of The Uni­versity
of Cincinnati, in co-operation
with The American Arbitration As­sociation.
The conference was l1eld in
Laws Auditorium, University of Cin­cinnati.
( continued on page 4, col. 1 )
THE LOUISVILLE LAWYER
The sl:aff of The Louisville Lawyer: (seated, l. to r.) David Shouse, Bert
Edwards, AI Gordon, Carl Bensinger; (standing) Bud Fisher, Fred Drogula,
James Webb, William Johnson, Martin Geruso, Robert Schneider, Alex Rose.
EDITORIAL
We Need· Suppo .. l I
•
The donation of the Louisville Law Library to the Law School was very
gratifying. We saw this as a practical gift coming at a time when the needs ol
the Law School are practical. But, our needs. a~e many. . . .
We need to revitalize the faculty by aJdmg them fmanc1ally m advanced
study; we need a law review; we need a full-time dean to run the .scho?l and
lead the faculty academically (Mr. Peden is doing an outstandmg JOb as
Acting Dean) ; we ne'ed more space for the library; and we need space for a
lounge for the Students and for the faculty.
Altl1ough the administration has promised an increased budget, .t~e real
solution is more financial support from the alumni and from the practicmg bax
to catch up with lagging general support and cooperation.
IN MEMORIAM
William Marshall Bullitt, class of 1895 of the University of Louisville
School of Law, died October 3, 1957, at the age of 84. As reported in the
newspaper accounts of his death, "that while he had argue~ mor.e ~ases before
the Supreme Court of the United States t~an any ~en~ck1an , h1s mterest was
just as intense in minor court cases here m Lomsv~lle. . .
Mr. Bullitt was chairman of the board of Pubhc Safety of Lomsv1lle from
1907-1909. In 1908 he was delegate from the state at large to the Republican
National. Convention in_ Chicago, and was the Kentucky member of the com­mittee
on resolutions.
In 1912 President Taft appointed him solicitor general of the United
States, a post he held a year. The following year he wa~ defeated as the
Republican nominee for the U. S. Senate.
He was editor of Bullitt's Civil and Criminal Codes of Kentucky, 1899-
1902, and had written numerous pamphlets dealing with the fiscal foundations
of life-insurance companies, and decisions of the Supreme Court on Con­stitutional
Law.
There was a great loss to the legal profession by the pas.sing of this I.nan
whose influence also extended in some measure through the fields of banking,
commerce, real estate, and politics.
Olqr 14ouinntllr 14amyrr
Published by the University of Louisville School of Law Student Bar A~­sociation
four times a year for School of Law students, faculty and alumm.
Editor-in-Chief ........... ................................................................. Bert Edwards
Managing Editor ...................... .................. ............ .................. Alan Gordon
News Editor .............. ................................ .............................. David Shouse
Feature Editor ............. ....................................................... .. Carl Bensinger
Circulation Mgrs . .. ............................................. Cliff Duncan, Bud Fisher
Reporters .............. .................... Alex Rose, William Johnson, James Webb,
Robert Schneider, Martin Geruso, Fred Drogula
Faculty Adviser .. ............................ ............ ...... .............. Robert W. Foster
ALUMNI PORTRAIT
Wilson Wyatt: lawyer
and national figure
The Louisville Lawyer is proud to salute Wilson W. Wyatt, a nationally
recognized member of the Louisville Bar. In addition to being Mayor of Lou.
from 1941 to 1945, Mr. Wyatt was called to Washington during the war to
serve as Housing Expeditor. He is also nationally known as the personal cam­paign
manager for Adlai Stevenson in 1952.
Mr. Wyatt has also served the Uni­versity
untiringly. He is on the Board
of Trustees of the University and was
Chairman of the Board from 1951 to
1955.
Wilson Wyatt decided to go into
the law profession against the advice
of his uncle. He attended the Jefferson
School of Law, and graduated in 1927.
Later, he served as a part-time mem­ber
of the Jefferson School of Law
faculty, teaching Negotiable Instru­ments,
Sales and Bailments and
Carriers.
Mr. Wyatt has served the Uni­of
the American Municipal Associa­tion,
the Kentucky Municipal League,
the American Society of Planning
Officials, and the Louisville Area De­velopment
Association. He is on the
Board of Trustees of the American
Heritage Foundation and is an honor-­ary
member of Omicron Delta Kappa
and Phi Alpha Delta Law Fraternity.
In 1948 and 1949, Mr. Wyatt was
N a tiona! Chairman of the Democratic
Party's national Jefferson - Jackson
dinner. He was also a delegate to tl1e
National Democratic Convention in
1944, 1948, and 1952.
Wilson W. Wyatt
In 1952, he was honored by WHAS
and WHAS-TV by being chosen Ken­tuckian
of the Year.
Mr. Wyatt was born in Louisville
in 1905; he is married and has three
children. He is a senior partner in the
law firm of Wyatt, Grafton, and
Grafton.
Ohio Valley Bar Meets Here
(continued from page 1, col. 4)
is associate editor of the NACCA Law
Journal. Groce was Vice-Chairman in
1956 of the Committee on Trial
Tactics of the Bar Association's In­surance
Section.
On Saturday morning, the "Uses
and Abuses of Demonstrative Evi­dence"
were the topics of a forum
led by the Hon. Potter Stewart, Judge
of the Sixth Circuit United States
Court of Appeals. Leo Carlin, Chicago,
and Forrest Betts, Los Angeles, Presi­dent
of the International Association
of Insurance Counsel, participated in
the forum pointing out that while
demonstrative evidence is partly
credited witl1 the increase of damages
awarded by juries, its use is not new,
but goes back almost a century.
The problems of legal assistance to
servicemen were discussed on Thurs­day
afternoon by representatives of
the Army, Navy, and Coast Guard.
Attorneys finding commanding offi­cers
of men with whom they are try­ing
to deal uncooperative were ad­vised
to write the base commander
involved or the Pentagon.
Thomas J. Boodell of the Stand­ing
Committee on Unauthorized Prac­tice
of Law addressed tl1e meeting
Friday morning. Mr. Boodell, men­tioning
efforts of the Louisville Bar
Association to curtail unauthorized
practice, challenged each lawyer to
spend some time protecting his fran­chise
to practice. He pointed out that
continued increasing infringement in­to
the legal field will do serious injury
to both the public and legal profes­sion.
Dr. R. Glenn Spurling, Louisville,
and Dr. Ralph Carothers, Cincinnati,
lectured to the meeting on head and
back injuries. Dr. Spurling, in a lec­ture
illustrated with projected slides,
explained degrees · and severity of var­ious
head injuries and pointed out the
efforts automobile manufacturers have
made toward the reduction of serious
brain and head injuries in automobile
accidents.
The Section of Real Propert, Pro­bate,
and Trust Law discussed the
marketability of real estate, the rule
against perpetuities, and the manage­ment
of trust property. Sylvester G.
Smith, Jr., General Counsel of the
Prudential Insurance Company, ad­dressed
the Section on Corporations,
Banking, and Business Law. Mr. Smith
discussed the relationship between
corporate counsel and the general
practitioner.
Charles S. Rhyne, President of the
American Bar Association, addressed
the meeting at the Banquet in the
Brown's Crystal Ballroom Friday eve­ning.
Robert P. Hobson, Louisville, the
General Chairman of the Ohio Valley
Committee of the American Bar As­sociation,
was chairman of the meet­ing.
THE LOUISVILLE LAWYER Three
Recovery Of Insurance Money Paid By Mistake
By JUDGE L. L YNE SMITH, JR.
Although it had long been settled in Kentucky that recovery might be
had for a payment made under a mistake of fact, mistake of law, or both,
Supreme Council Catholic Knights of America vs. Fenwick, 169 Ky. 269,
183 S.W. 906, 910, and the mistake need not be the mutual mistake of both
parties, Bituminous Cas. Exchange vs. Ford Elkhorn Coal Co., 243 Ky. 456,
48 S. W. 2d 1057, the Kentucky Court of Appeals had never ruled on the
precise question as to whether an insurance company could recover on either
of these grounds until Phoenix Indemnity Co. vs. Steiden Stores, 267 S.W. 2d
733 ( 1954) .
The question was . unique in Ken­tucky,
because ( 1) the majority of
other States do not allow anyone to
recover for a payment made by mis­take
of fact, unless mutual; ( 2) only
a few jurisdictions (New York, Iowa,
Wisconsin, Michigan, Alabama, Ark­ansas,
South Carolina, Pennsylvania)
had passed on the specific question
of the right of an insurance company
to recover, and ( 3) there were con­flicting
views in those jurisdictions.
This question of the right of an in­surance
company to recover for money
paid under mistake of fact has arisen
where the insurance company has
paid a fire loss under the mistaken.
belief that the insured was the owner
of the land on which the building
stood (Roney vs. Commercial Union
Fire Ins. Co., 225 Ala. 367, 143 So.
571), paid a death claim on a mer­chant
marine during the war and
then it was learned the insured was a
Japanese prisoner (Pilot Life Ins. Co.
vs. Cudd, 208 S.C. 6, .36 S.E. 2d 860) ,
paid excess payments on a disability
claim (Couper vs. Metropolitian Life
Ins. Co., 250 Mich. 540, 230 N.W.
929), sought to recover payment made
on a fire loss where it later was dis­covered
the insured set the fire
Meeme Mut. Home Protective F.
Ins. Co. vs. Lorfeld, 194 Wis., 322,
216 N.W. 507), and where payment
was made in error as to coverage of
an automobile liability policy ( Gib­bons
vs. Perkins, 230 N.Y.S. 273) ,
to cite a few examples.
(Recovery for fraud is not within
the scope of the subject of this
article. )
The rationale of the cases denying
recovery is that of "assumption of
risk" by an insurance company which
pays a claim, with its virtually un­limited
facilities for avoiding mis­takes,
and the policy of the courts
against permitting one to reopen a
transaction into which he has entered
with consciousness of the risk in­volved.
On the other hand, the prin­ciple
underlying recovery is that the
recipient of money paid under honest
mistake should not be allowed to be
unjustly enriched, unless he had so
changed his position that it would be
unjust to require a refund.
The facts of the Phoenix case were
these:
Phoenix insured Steiden Stores in
Louisville under a comprehensive
dishonesty, disappearance and de­struction
policy, and among other
clauses tl1e policy contained an "Em­ployee
Dishonesty" clause insuring
Steiden Stores against dishonesty of
its employees, with a $2,500 limit,
and another clause, "Coverage With­in
Premises", providing for indemni-
Judge L. Lyne Smith, Jr.
The author, Judge L. Lyne Smith,
]r., is Judge of the Jefferson Circuit
Court, Common Pleas, Second Divi­sion.
Judge Smith went to Washing­ton
and Lee for his A.B. and then
to Harvard for his L.L.B., which he
received in 1938. He has practiced
in Louisville since then, except for
three and a half years in the Army
during the war.
Judge Smith was associated with
the firm of Woodward, Hobson, and
Fulton before his election to the bench
last year. He is a member of the
American Law Institute and the Bar
of the City of New York.
fication up to $10,000 for any loss
caused by any dishonest, fraudulent
or criminal act, unless committed by
an employee. On the night of October
4, 1948, the store was entered, the
safe opened, and $4,598 was stolen.
The police and Phoenix investigators,
who were attorneys, promptly and
thoroughly investigated the loss, took
sworn statements from all the em­ployees,
including the guilty person,
one Louden, but they were unable
to determine how the theft was ac­complished.
Steiden filed a proof of
loss statement to the effect that "an
unknown person or persons" had
entered the store, opened the safe
and stolen its contents. Phoenix paid
Steiden the $4,598. Almost two years
later Louden's former wife informed
police of his guilt, and he confessed
that he had opened the store door and
safe with a set of duplicate keys he
had made from soap impressions of
the store manager's keys and com­mitted
the theft. Phoenix then sued
Steiden for the money it had paid in
excess of $2,500, which was the limit
of its liability under the "Employee
Dishonesty" clause. The case was sub­mitted
to the trial court on law and
facts. Although the trial court did not
find Phoenix was negligent in any
respect in its investigation of the
theft, the court dismissed Phoenix's
petition and entered judgment for
defendant Steiden Stores on the
ground that Phoenix could have pro­tected
itself by putting Steiden Stores
upon proof of loss (i.e., file suit
against Phoenix) , that all the facts
concerning the loss were available to
Phoenix when payment was made,
and that Phoenix assumed the risk
of having voluntarily paid the claim.
Upon appeal Steiden contended
that although Kentucky allows re­covery
for money paid under a mis­take
of fact (Supreme Council Cath­olic
Knights of America vs. Fenwick,
169 Ky. 269, 183 S.W. 906), there is
an exception to this rule in a case
such as this, in which an insurance
company, aware of the facts and the
risk involved, uncertain as to whether
it owes the money, pays a loss to one
with whom it is dealing at arm's
length, citing the Iowa, New York
and Wisconsin cases New York L.
Ins. Co. vs. Chittenden, 134 Ia. 613,
112 N.W. 96; National L. Ins. Co.
vs. ]ones, 59 N.Y. 649, and Meeme
Mut. Home Protective F. Ins. Co. vs.
Lorfeld, 194 Wis. 322, 216 N.W. 507.
In addition to tllis argument that
insurance company plaintiffs should
be made an "exception" to the Ken­tucky
rule allowing recovery for money
paid under a mistake of fact (by ap­plying
the assumption of risk prin­ciple),
S~eiden further argued that to
allow recovery would result in multi­plicity
ol litigation after claims had
been settled.
In rebuttal to this argument Phoe­nix
contended than an insurance com­pany
sholl!d be allowed to recover
because ( 1) Kentucky has consistent­ly
allowed recovery for payments
made under both mistake of fact and
law (Lyon t:s. Mason & Ford Co., 102
Ky. 594, 44 S.W. 135; Kentucky-West
Virginia Gas Co. vs. Preece, 260 Ky.
601, 86 S.W. (2d 163); (2) other
commercial enterprises have been al­lowed
recovery (coal company) ( Bi­tuminous
Casualty Exchange vs. Ford
Elkhom Coal Co., 243 Ky. 456, 48
S.W. (2d 1037); contractors allowed
recovery (mistake of law) (Lyon vs.
Mason & Ford Co., 102 Ky. 594, 44
S.W. 135) ; oil lease lessees ( Ken­tucky-
West Virginia Gas Co. vs.
Preece, 260 Ky. 601,86 S.W. 2d 163) ;
the purchaser of land allowed recov­ery
for a deficiency of acreage (Riner
et al vs. Gatson, 230 Ky. 290, 19 S.W.
2d 970); and even the insured has
been allowed recovery ( after settle­ment)
when it was found that his
interest in a property fire loss was
actually covered by another policy
Prussian Nat. Ins. Co. vs. Terrell,
142 Ky. 732, 135 S.W. 416); ( 3) to
disallow recovery to an insurance com­pany
would thus be an unreasonable
discrimination against insurance com­panies
in the applicability of the
doctrine of restitution; insurance com­panies
would be placed in a special
class and denied relief under the
same rules of law which allow relief
to other commercial enterprises and
all other contracting parties; ( 4) New
York and South Carolina allowed re­covery
Gibbons vs. Perkins and Pilot
Life Ins. Co. vs. Cudd, supra.
The Court of Appeals allowed re­covery,
reiterated that the settled rule
in this State is to allow recovery in
"mistake of fact" cases, took cogniz­ance
of the "assumption of risk"
doctrine cases, and said:
"It is our opinion, however, that
there is little or no justification for
making this exception to the rule
announced in Supreme Council
Catholic Knights of America vs.
Fenwick, 169 Ky. 269, 183 S.W.
906.
"We are in accord with the view
expressed in the annotation in the
Cudd case in 167 A.L.R. at pages
470-493, to tile effect that, in apply­ing
the 'assumption of risk' theory
the courts actually have been mak­ing
a judicial determination that
the insurer and tl1e recipient of the
payment have entered into a com­promise,
where no real compromise
has been made. The fact that the
insurer pays the full amount of the
claim, plus the fact that the insurer
is ignorant of the mistake, is evi­dentiary
of a lack of any intention
to compromise the claim.
"In our opinion, should we adopt
the 'assumption of risk' theory, in­surance
companies would be in­clined
to delay payment of claims,
thus forcing the beneficiary to re­sort
to litigation. We believe the
rule we are adopting will avoid
needless litigation and encourage
prompt payment of insurance claims.
For these reasons we decline to
apply tl1e so-called 'assumption of
risk' theory where there has been no
actual compromise of tl1e claim.
For the reasons stated, we think the
courts erred in dismissing appell­ant's
petition."
Bensinger, Schnatter
Represent Law School
In Moot Ct. Competition
Carl Bensinger and Robert Schnat­ter
recently represented the Law
School in the National Moot Court
Competition in St. Louis, Mo. AI·
though the local competition was stiff,
the team was unsuccessful in the first
round against Kansas City Law School.
The final local competition was
against Tom Brooks and Marty Ceruso
in Federal Court with Judge Shackel­ford
Miller, Jr., Judge Henry Brooks,
and J. Paul Keith, Jr., presiding. The
question argued was due process of
the law in connection with security
loyalty board hearings and decisions.
Bensinger, a senior, and Schnatter,
a junior, represented the plaintiff­appellant
in the finals; a scientist who
has lost his security rating by the
action of a Government board.
Enrollment Drops
This fall saw the enrollment of the
college of law drop slightly as com­pared
with the previous year's fresh­man
class. This is a repetition of the
situation last year. Dean Peden cites
po overall reasons for this apparent
trend.
Four THE LOUISVILLE LAWYER
SBJI Elects Jlnderson
Kenny Anderson, past chairman of the honor code committee, was elected
Chairman of the Student Bar Association. The new Chairman is a member
of Delta Theta Phi law fraternity, and President of Omicron Delta Kap­pa.
In the previous semester he was
the outstanding student and a repre­sentative
of the Law School in the
National Moot Court competition.
Kenny is a senior in the Law School.
Other officers of the Student Bar
Association are Tom Corum, Vice
Chairman; Wallace C. Taliafero, Re­corder;
and Robert Fleming, Treas­urer.
Warns Speaks
(continued from page 1, col. 4)
Professor Warns' topic was "Con­duct
of the hearing - What the Arbi­trator
wants to know." As the author
of "The Nature of the Collective Bar­gaining
Agreement," and an exper­ienced
arbitrator Mr. vVarns was emi­nently
qualified on this subject. His
discussion proceeded from the prac­tical
everyday problems which labor
arbitrators face, centered primarily on
the conducting of the hearing itself,
presentation of evidence, etc.
Professor Warns is currently teach~
ing labor courses to undergraduates
in A & S as well as here in the law
school and will undertake an ad­vanced
course in Labor Law this
summer using the seminar approach.
Kenneth Anderson
New Staff Member
The Louisville Lawyer, on behalf
of the student body, welcomes Miss
Barbara Buchanan to the office staff
of the Law School.
P A D Elects Officers,
Plans District Meeting
The Phi Alpha Delta Law Fraternity has commenced another successful
year. The officers elected at the close of the spring semester were: Richard
Moorman, Justice; AI Gordon, Vice Justice; Wilbur Fisher, Clerk; Harry
Hargadon, Treasurer; Martin Geruso, Marshal; and Eulyn L. Dean, Reporter.
In carrying through its objectives
of promoting closer co-operation be­tween
the students and the practicing
bar, the Chapter has entered upon a
series of joint meetings with the PAD
Alumni Chapter in the Louisville
Area. These meetings are held month­ly.
At the November meeting, Mr.
Blakey Helm, distinguished member
of the Kentucky Bar, was the speaker.
His topic was the fairly recent Ameri­can
Bar Association Convention in
London.
The following men have been in­stalled
to pledgeship in the Vinson
Chapter this semester: Steve Ciano­poulos,
James Webb, Robert Sch­neider,
Wilbur Prather, Paul Miller,
George Mercker, Gene Maggard,
Stuart Lyon, Donald Logsdon, Arthur
THE LOUISVILLE LAWYER
Universi:ty of Louisville
School of Law
2301 South 3rd Street
LOUISVILLE 8, KENTUCKY
FORM 3547 REQUESTED
Lagowitz, David Kaplan, Austin Han­sel,
Patrick Dixon, Gerald Asher, John
Poteat, Charles Erwin, Stanley Chau­vin,
Ed Disborough, Samuel Rudd,
and Jim Jefferson.
Plans are now underway for the
annual District IX Conclave to be
held in Louisville late in February. An
ambitious program is being planned
by the District Officers, Martin Lieb­man,
Justice and AI Gordon, Clerk,
in co-operation with the Alumni Chap­ter.
In addition to the regular business
of the district, there will be a cock­tail
party, speakers of state and na­tional
prominence, a banquet, and a
dance.
Bill Johnson and Alex Rose were
formally initiated into the Chapter
recently.
Lampe .Joins racully
Teaching Properly
A new addition to the faculty of Law School on a part-time basis is
Stuart E. Lampe, Judge of the Chancery Branch, Jefferson Circuit Court. At
present Judge Lampe is serving in the capacity of Lecturer, and is teaching
the freshman course in Property.
Judge Lampe was elected to his
present post in 1951, prior to which
Iw served as County Commissioner
from 1947 to 1951. Earlier in his legal
career he held the position of Assist­ant
County Attorney from 1935 to
1938. During World War II, Judge
Lampe served in the U. S. Army,
rising from Private to Captian over
the years 1942 to 1946.
The University of Louisville is not
new to Judge Lampe, since he attend­ed
the undergraduate school until
1925, and later received his L.L.B.
from this Law School in 1929.
Delt Starts Off Year
By Pledging Sixteen
Henry Clay Senate started the year
by pledging sixteen new men: Don
Lawson, Ron Mazzoli, G or d o n
Hermes, John Stewart, Joe Bastek,
Wallace Taliaferro, Dave Klingman,
Gary Hogan, Marian Gilliam, and
Pete Cooper. Back in school are
George McAlleese and Bill Spoo.
In conjunction with the Alumni
Senate, the chapter gave a dinner at
the Brown Hotel in honor of Brother
Charles S. Rhyne, President of the
American Bar Association.
The chapter is planning a dinner
in December at which the pledges
will be intiated. The Senate is pleased
to report that it had a higher scholastic
average than the school as a whole
for the last school year.
Judges Speak on Courts
(continued from page 1, col. 2)
of the practicing bar, are being con­templated.
The school has had the honor and
privilege of hearing Judge John Stiles,
Magistrate of the Second Magisterial
District; Judge James E. Hutchins,
Trial Commissioner of the Jefferson
County Quarterly Court; Judge Louis
H. Jull, Domestic Relations Court;
and Victor W. Ewen, Past Referee of
the Workmens' Compensation Com­mission.
In the future, Jefferson County
Judge Bertram VanArsdale, Kentucky
Court of Appeals Judge John R. More­man,
a Circuit Court judge, and a
Federal District Court judge will speak
to the student body.
Judge Stuart Lampe
Victor Is New Prexy
Of Moot Court Club;
Starts New Programs
The Moot Court Club recently
elected its officers for the Fall Se­mester.
Karl Victor, Jr., a senior and
former vice president was elected
president. George Robbins moved
up from secretary - treasurer to
vice-president, and Ron Mazzoli of the
freshman class took over the secretary­treasure's
job.
The officers have inaugurated an
orientation program to instruct the
Freshmen in the use of the library
and the preparation of a brief. This
was done in connection with the
course of Introduction to Law. The
judges this year will be one junior and
one senior student and one law pro­fessor
for the Freshman program.
Two jury cases were argued this
semester by the seniors. One in­volved
a "pre-arranged crime" on the
campus, and the seniors worked
with the Southern Police Institute in
the cases.
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