Special Law Dedication Issue
CARDINAL
Official Student Publication of the University of Louisville
Vol. 8
No. 12
Louisville, Ky., Wednesday, November 29, 1939
VARSITY-ALUMNI GAME, DEC. 1.
INSPECT NEW BUILDING 6-10 P. M.
Z-247
Notables Dedicate New Law Building Today
Allen Memorial Court Room
The court room of the new law building, dedicated to the memory of Judge Charles James Fox Allen, seals 240 persons, is hand­somely finished and decorated with paintings of pro­minent jurists. Among law schools it is the show place of the south.
Moot Court Furnishes Law Students Practical Experience
“May it please the court, ladies and gentleman of the jury”—with a bit of a catch in his voice and a turbulous senation in the pit of his stomach, the future attorney invokes the attention of the Honorable Judge and Jury of the University of Louisville Moot Court.
Founded By Lott
In September of 1936, firmly believing that while a man may know all the law in the books, he is not a lawyer until he can prac­tice it, Dean Lott sought a means of enabling the students to gain practical experience while in school. He realized that to force the young lawyer to gain ex­perience by experimenting with his client’s case was a costly pro­cedure, both to the client and at­torney, resulting in miscarriage of justice or at least expensive delay.
Thus, with the aid of the Judges of the Jefferson County Circuit Court, who agreed to give their time to preside over the cases and render advice, the Moot Court was conceived. Mr. Edward S. Hungerland, member of the Legal Department of the Southern Trust Co., was appointed Super­visor of the Moot Court, in which capacity he is still connected with the school.
Advance Students Conduct
The trials are conducted by the
advanced students, two attorneys to each side, with the other stu­dents serving as court officials, witnesses, and jurymen. The cases are selected from those pre­viously tried before the Circuit Courts of Jefferson County and the attorneys are bound by the facts revealed in the real case; however, their pleadings, trial, and arguments are their own. At the end of the year the faculty selects the four most capable bar­risters and nominates them for the final moot court case, the two winners of which have their names inscribed on a permanent silver cup.
First Court 1937
On Memorial Day afternoon of 1937, the first of the final moot court trials was held in the Crimi­nal Court Room before an eminent body of justices. On the bench were Judge James Stites of the Kentucky Court of Appeals, Circuit Judge Churchill Humphreys, and Court of Ap­peals Judges Richard P. Dietzman, David McCandless, and Earnest Clarke. For three boiling hours H. Appleton Federa and William C. Turner for the plantiff argued against Woodruff Flowers and Malcolm Johnson for the defen­dant. After twenty minutes de­liberation the court decided that Continued on Page 7
Law Students Donate Service To Public
Law students of the University of Louisville School of Law now obtain the much needed practical experience of working out an actual case with a real client. Such training is presented in the Law School Branch of the Legal Aid Society, established this year on the campus, under the direc­tion of Eugene Field, general counsel of the Louisville main office. In addition to affording opportunities for learning the pro­per “approach” to the client in trouble, the Legal Aid branch stimulates study and preparation of cases to be presented in the regular courts.
Also the branch serves as a more convenient office for clients south of Hill Street, thus reliev­ing the pressure on the main of­fice, 312 Realty Building, 522 W. Jefferson. Mr. Field reports that the downtown office disposed of over 11,300 cases during 1938, which placed Louisville third be­hind New York and Chicago in the total number of cases handled.
Three seniors, Lucian L. John­son, Charles Zirkle, and L. Swin­ford Rogers, who are licensed at­torneys have charge of the cam­pus branch. Office hours are from 9 A. M. to 12 noon on Saturdays, and from 2 P. M. to 5 P. M. on Mondays. However, any member of the staff is glad to receive clients by appointment at other times.
There are nearly one hundred Legal Aid Societies throughout the United States. All of them have as their main purpose the helping of poor people who are financially unable to defend them­selves against the more wealthier credit houses, loan sharks, and unscrupulous persons of all sorts. The causes of the person without money, although just as meritor­ious as any cause, cannot be pro­fitably handled by the ordinary attorney. The time and trouble of a small case results in a fee which generally equals or is more than the recovery. Thus, all over America, legal service is extended to persons who are unable to em­ploy private counsel with the Legal Aid Societies making little or no charge. Such an organiza­tion is of a distinctly social wel­fare value and should be support­ed and encouraged by all who love fairness and justice for all.
The Louisville office, in con­tinuous operation since 1922, is a Cummunity Chest agency and is thus sponsored as a semi-public charity.
The entire staff stands ready to serve you in the protection of your rights and in the enforce­ment of your due obligations.
Dedicated
Judge J. J. Parker
Dean Lott Dr. Kent
Judge John J. Parker, United States Circuit Court of Appeals, will speak on “Democracy and Constitutional Government.” President Raymond Asa Kent, Chief Exectutive of University of Louisville;Dean Jack N. Lott, Jr., of the School of Law.
Judge J. J. Parker Named Principle Dedication Speaker
Presaging a new era in the his­tory of the University of Louis­ville, on Wednesday afternoon next, the new School of Law building is to be dedicated with fitting ceremonies proclaiming the event scheduled for the Allen Memorial Court room. The Honorable John J. Parker, presi­ding judge of the Circuit Court of Appeals for the fourth circuit will be the principal speaker.
Formal Dedication takes place at 2:30 P. M., attendance by in­vitation due to limited seating capacity of the court room. The public is invited, however, to in­spect the building from 6 until 10 P. M., during that evening.
Constructed to accomodate ap­proximately 150 students, the law building is a two story structure in Colonial style with four im­posing white columns setting off the entrance. Most handsome of its many rooms are the Attilla Cox Memorial Library and the Allen Memorial court room, both furnished in a commodious, mod­ern manner. Orignal oil paint­ings of famed American jurists decorate the oak panels of the court room, adding warmth and beauty to an already pretentious room.
The library, containing 18,500 volumes, has a main reading room and a reserve reading room.
Alcoves on either side of the main reading room each provide comfort and quiet for six stu­dents. Armchairs and indirect lighting on the reading tables add to the beauty and comfort.
Individual offices for the pro­fessors, a student lounge, offices for the Legal Aid Society and the student Briefing Service which serves attorneys in the entire state are other provisions in the building.
A depository known as the Continued on Page 8
Distinguished Law Alumnus Reminisces And Advises
Editor’s Note:
The following article ivritten by Judge Henry J. Tilford, recently elect­ed to the Court of Appeals of Kentucky, recalls some of the experiences of a young lawyer in Louisville. Judge Tilford received his law degree from U. of L. in 1901.
By Judge Henry J. Tilford, Kentucky Court of Appeals
Every young man who conceives the idea that he would like to practice law as a means of livelihood, should read Dickens’ “Bleak House”. If he is to be one of those fortunate enough to choose a profession for which he is fitted and in which he will find some hours of pleasure as compensation for the many hours of drudgery, he will probably be aware of it before he has finished reading this book. At least it seems so to me, as the impressions made by the case of Jarndyce vs. Jarndyce, and the Court and Temple scenes described by the great novelist, critical as he is, have never faded; and I be­lieve that I received the first inkling that I should choose this pro­fession above all others from the reading of this masterpiece which so greatly influenced the reforms that have taken place.
Received Degree In 1901
When I received my Bachelor of Laws Degree from the Uni­versity of Louisville in the spring of 1901, I had no idea how I was to utilize my newly acquired and greatly exaggerated knowledge as a full fledged member of the legal profession. It was necessary Continued on Page 7THE CARDINAL
Page 2
November 29, 1939
Law Students, Stoops—And
What Have You?
Personality Parade
JORDAN ANTLE—
Senior president and president of the student council, quiet, shy and a great favorite. He’s also the hardest worker in our class. . . .the exemplification of the Yokel Boy makes good.
WALLACE BAILY—
Class prexy last year. Good egg. Last guy in the world to develop high blood pressure. Straight from the mountings but no L’ll Abner.
BILL BIGGS—
Soft spoken, hard working Senior who just recently lost his “soup strainer”—what well applied coercion will do. Ex-prexy of A. Z. who insists on “splitting hairs” (See Mr. Russell)
BERNIE CHIZNER—
One of the most friendly boys on the campus. Our New Yorker trying to become a southern gentleman. De Brooklyn mob put the finger on him so he lammed down here, SEE!—Our Ink-um tax specialist. MARSHALL DAVENPORT—
(Shylock the book salesman)
The best business head in the class. Also, the guy that gets all the ’phone calls. (Gosh, if they were all clients!)
MRS. JOHN DOYLE—
(La femme charmante)
Hers is the dignity becoming a barrister. She’s never without her cases. How does she manage?
GEORGE EFFINGER—
(filibusterer)
Lean, tall guardian of the L. A. (not Ladies Aid) Reserve Room, who won’t let those oh so cute girl freshmen check out a book at 3:55 . . . the old meanie. The faculty can’t figure whether his many ques­tions denote dumbness, or if its because he doesn’t have the next case. (Faculty N. B.—If Johnson and Biggs help him ask them it’s the latter.)
FULLER HARDING—
(Har’less Joe)
An excellent disposition—it’s the tops. One of the landmarks of the School. Abe Lincoln before he grew a beard.
LUCIAN JOHNSON—
Number 1 brain truster; top man on State bar exam last summer. Junior member of Johnson & Johnson, Attorneys (Not the baby powder company) “Baby Stuart” grown up, still with a complexion that would put a Woodbury’s adv., to shame.
BOB LEOPOLD—
One of identical twins—Bob and Zirkle are “carbon copies” of each other. Brain truster head of the briefing service—best dressed senior —Campus spirit personified—what pep rally would be complete without him?
CLARENCE McCARROL—
Another Western Kentuckian by the way of U. of K. Someday he may be on time, we hope. Winky’s side kick and vice versa. Hender­son’s white hope.
HUB ROGERS—
Nonchalant as a Murad adv., member of the inner circle of the brain trust, fair haired boy of the library, consistently in the know. Hub is lonesome for an argument now that Howsey has graduated.
GUS WINKENHOFER—
Bowling Green Beau Brummel. Suave as a fire side chat. U. S. Senat'uh fum Western Ky., suh—1960. One swell guy.
CHARLES ZIRKLE—
Casanova of Law School. President of P. A. D., women’s choice for cutest fellow on campus. Knows Bob Leopold well.
Also Other Outstanding Men In Law School
IRA RAY—
President of the freshman class. Attends Seagram branch of U. of L. at night, very industrious.
DICK OLDHAM—
Three letter football man, perfect gentleman. Very literati, pals with a Pi Phi (Red Head).
JOHN CECHINI—
(California Vesuvius)
Very popular on the campus. As impetuous as a Cardinal pep rally. New coach of the hardest charging U. of L. line in many a year—his influence, we’re sure. A good worker.
ALVIN TRIGG—
Editor of the Law School Cardinal. Versatile freshman from Western. (Remember the good old days?) Red headed version of a Rose O’Neill kewpie drawing. Buddy, can you pass the buck!
JESS MOORE—
Possesses the finest moustache in Law School now that Biggs has mowed his. A very warm and mellow baritone voice. He managed to make the Briefing Staff—he took the word brief literally.
HENRY MANN—
He’s President of the Juniors. The legal romancer—the advantage of a college education.
HUDSON MILNER—
The Blackstone of ’39. Quiet, reserved, Phi Beta Kappa from Princeton—top man in second year class. A candidate for Supreme Court honors.
LINWOOD KENNER—
(Cardinal Richelieu)
Always in the thick of things—Had his first Moot Court case last night, gosh—He is running Jess Williams a close race for the highest forehead in school. Is it growing back, or is it our imagination.
JIM (SHEP) MENEFEE—
The guy who thinks that sheep dogs eat sheep—What is this we hear about Jim taking his shoes off in the library.
ATHOL LEE TAYLOR—
Genial, high-ranking second year man,member of Briefing Service
and Honor Council. Once gained fame by militant “letters to the Editor of the Cardinal”, won an expert of “campusology.”
BEN MORRIS—
Ex Frosh Prexy and mightiest mogul of Kappa Alpha, yet he’d rank high even in a Litkenhaus rating. Hm! He photographs well, —attention Pi Phi’s.
MISS VIRGINIA COWHERD—
No list of personalities would be complete without her. Dean’s secretary—There are not enough things in the world nice enough to say about her. She is the one that takes our phone calls, sews on buttons for us, and takes care of all the little details that keep a school going. She is the shock absorber for all of the students’ worries.
Composite Law Student
Bush Marshall Monroe
Staff's Nominations For The Hall of Fame
Prosecuting Attorney..........................................Fuller Harding
Legal Eagle......Bob Leopold
Mouthpiece.........................................................Bernard Chizner
Supreme Court.................................................Lucian Johnson
“Great Dissenter”............................................George Effinger
Country Lawyer....................................................Jordan Antle
“Voice of the South”.....................................................Bill Biggs
Domestic relations specialist (He’s married)......Wallis Bailey
The “Bar” Association.......Hub Rogers
Court Room Casanova.........................................Charles Zirkle
Political Boss..............................................August Winkenhofer
Court Room Orator..........................................Mrs. Jesse Doyle
Office Equipment Co.
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Legislative Gems From Frankfort We Fear ...
By Ben Morris
KENTUCKY STATUTES SEC­TIONS:
2544b-183
“There shall be no “treating” of any one at any time . . . Treat­ing shall mean the giving away of any alcholic beverage in any quantity . . . for other than a full monetary consideration.” 2554b-188
“No distilled spirits or wine shall be sold, given away ... to females except at tables where food may be served.”
1277a-2
“It shall be unlawful for any person under the age of 18 years to smoke, or have about his per­son . . . any cigarette or cigarette papers .... Any person violating . . . shall be punished by a fine not greater than $5.00.” (Person selling may be fined $25 or sentenced to 30 days.)
1284
“If any person shall engage in a prize-fight, or a fight for a wager or bet ... he shall be deemed guilty of a felony and confined to the penitentiary for not less than one nor more than 5 years.” (Later made not to ap­ply when fight is duly licensed.) 20592-8
“All hotels in this state shall provide each bedroom with at least 2 clean towels daily . . . not less than 10 inches wide and 15 inches long after being washed . . .”
“Any room in any hotel . . . infected with bedbugs shall be fumigated ... at the expense of the proprietor until said bedbugs are exterminated.”
3727b-l-6
Nudist colonies may be licensed
Continued on Page 8
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LOUISVILLE LUMBER and
MILLWORK CO.
Incorporated
SCHULTZE GLASS CO. 411 W. Main St.
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•T. M. Reg. U. S. Pat. Off.November 29, 1939 THE C A R D I N A L Page 3
OLD
and
NEW
Buildings
H a v e a tory All Their Own To Tell Today
Nice and Shiny
Above is the new Law School Building on Belknap Cam­pus, where in contrast to the wild and jokey atmosphere of the old building, this one is seemingly sacred and where formality reigns supreme.
Smoky and Grimy
Above stands the old Law School Building, 312 Armory Place, probably condemned, but a place where the upperclass Law students shall never forget. It may have been grimy, filthy and dirty but it was still a lot of fun.
By Bill Biggs
We who are transplanted from the mellow mothiness of creaking stairs, vagrant odors, penciled walls and fly-specked windows of the Armory Place building to the Virginia Colonial dignity—and new Tile Room—of the campus law school with its antiseptic ap­pointments are often overcome with moments of poignant nostalgia, as when we glance out of the window and see our old janitor, a much cleaner Jess, stroll across the campus in quest of a stray piece of paper and recollect how he used to loll in the pungency of the basement and solemnly scratch and search in his eternal battle with the itch; or when we recall how we would all from force of habit (?) unobtrusively steal a long glance out thru the windows in Room D and gaze into the uncurtained bedrooms and bathrooms across the parking lot, our return to reality accompanied by a faintly baffled expression momentarily clouding the clarity of our eyes.
Now we find we can pick our way thru a classroom in the new building without stumping a toe and dampen­ing a sock by kicking over an old-timer’s model spittoon designed with bell mouth and broad base to corall even a mountaineer’s (Johnson County) vehement expectora­tion. Everyone kicked one over at least once a week.
How we remember bull sessions under the yellow glow of the library lights; as pipes glowed we leaned over the dull tables and swapped assault citation, new jokes, and telephone numbers instead of briefing a case, and anyone foolish enough to yell “quiet” was promptly given the bums rush.
When we entered school for the first time, the veterans led us to the hallowed spot by the library door and pointed out the penciled citations of choice morals
cases. Out here the walls are spotlessly virginal—Who dares first desecrate them?
Every time a siren goes past on Eastern Parkway it reminds us of the time that a cigarette flicked out the library window , set Dr. Taylor’s awning on fire and the time that a suspicion of a fire in the basement brought out the city’s entire fire department.
Here the slam of a dropped book sounds damnably like the thud of the interminably falling plaster at the old building which was so frequent that we would only quietly muse, “wonder what floor caught that one?”
We think of the plight of an unwary freshman im­prisoned by us in the Sorority Room when he was too lazy—or desperate—to run the stairs to the basement w. c.
Who will forget the time the water ran over in the Sorority Room on the third floor and filtered thru onto Dr. Taylor’s desk and on thru into the Dean’s office loosening the plaster on the ceiling and dropping it onto his desk. (For 28 cents I might tell who left the water on that night).
An involuntary chill tingles the spine at the memory of the near tragic ending of the snowball fight in the freshman room as some one’s wild aim planted an 8 inch ball of soot and slush thru the door nearly creasing the Dean’s dignity, and sending us all to the cleaners.
Among the present student body you can spot the ones who were in the old dump by the fact that out of force of habit they try to blow the dust off the top of a book when they take it off the shelf.
We somehow miss having the janitor lead his dog, with the legalistic name of Portia, thru the library and solicit funds for her supper. If Portia had eaten all of the food we bought her she would have died of indigestion within a week.
In looking back, we wonder how much the faculty knew of those Saturday afternoon parties in the library after they had all left the building. One guess on the subject.
Another highlight was Sam Helman’s birthday party in the library with Lucy cutting the cake presented by Classmate Kenner’s mother and the students stand­ing in a circle and grabbing like hungry vultures. It was such a success that we repeated it again the next day with a cake that Sam swiped from home.
Tho we griped at the time, we miss the smoke signals Jess used to send up the circular stair to the library every time he opened the furnace door, for it showed us which way the wind was blowing.
We all pay tribute to Lucy Minor. It was she who brought order out of an antiquated library system, kept track of the books, typed our briefs for us, took our telephone calls, helped lead our lengthy gossip ses­sions, and in general crystollized the tradition of Law School. She is the connecting link between the old and the new, and we are lucky to have Lucy to see that our old easy-going way of life grows on in the new building after we have left.
Experiences such as these shared by our group, blended with the escapades and friendships of countless former students, nurtured a tradition of warmth and friendship among us which we shall never forget, and it will always in a sense set us apart from those who we sincerely regret will never be privileged to stumble up worn pine stairs, shiver in drafty, ill lighted class­rooms, and break into a cold perspiration when Dr. Carahan called for the next contracts case. This was a tradition which died when we moved for it could not thrive among marble stairs and walnut-panelled walls. Thus it is up to us and to the students of the future to build a new tradition to take its place.
Phi Alpha Delta, Law Fraternity, Aids School With Lofty Idealism
Late in the nineties of the last century a group of Chicago law students formed the Law Students League for the purpose of obtain­ing changes in the rules govern­ing the taking of state bar ex­aminations. This group never entirely disbanded but became determined to form an organiza­tion to carry on their ideals. Lambda Epsilon was formed and established in two Chicago even­ing law schools, Blackstone Chap­ter at Chicago College of Law, and Kent Chapter at Kent College of Law. The founders of Lambda Epsilon meant to establish a fraternity but because of certain defects in the organization it was doomed to be short lived. How­ever, the idea was there and was not to be put down to easily. The
same group held together and call­ed a convention at which Phi Alpha Delta was born. Since 1902, the year of its birth Phi Alpha Delta has continued to grow, carrying its lofty ideals of learn­ing and ethics into its various chapters spread throughout the United States in all the leading Colleges of Law.
Formerly At Vanderbilt Lurton Chapter of Phi Alpha Delta was located at Vanderbilt University until 1935, when, in May of that year, it was trans- fered to the University of Louis­ville, School of Law. Since that time Lurton Chapter has been a dynamic influence in the lives of many of the students of our law school. At present it foresees an opportunity to develop with
which it had never before been confronted due to the scant facili­ties provided at the old law build­ing. The members of Lurton Chapter wish to become known on
Belknap Campus and desire to lend their support to that spirit
which is behind the building of our great University.
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Page 4 November 29, 1939
Delete Black Sheep Lawyers By Raising Bar Standards
Just as it is well for the individual to ex-
amine himself objectively—that is—take
stock of himself from time to time, so is it proper for groups such as the legal profession to consider its standing and reputation in the cummunity. Much un-deserved, adverse criticism is heaped upon the legal profession as a whole for the acts of some of its less worthy members. Some dispic- able transctions are fostered by what is com­monly called the “shyster lawyer” and for these acts the profession must stand the gaff. When these facts are pointed out to the average reputable practioner he invariably hides behind a formidable wall of self-right- iousness and bemoans the fact that so many undesirable persons have wormed their way into the sacred confines of the profession and that he must suffer for their delicts for which he is absolutely blameless.
With but slight reflection one can see that this self-pitying practioner does not deserve the sympathy which he desires. For it is largely within his power to remedy this situa­tion which so truly degrades the profession and which lowers it in the eyes of the laity. Once more drawing an analogy to the indi­vidual it can be said that as a man is just as much as he wishes to make of himself and no more so is the bar association of each state or municipality just so much and no more than it demands of itself.
From time immemorial, regardless of what else may have been associated with the legal profession, it has always been conceded that it was a profession which represented the well developed intellect and the highest erudition. Can it be that the structure of society has become less complex so that the application of the laws which govern it has become a relatively easy task which can be adequately performed by one with but negligible training? The obvious answer to the question is that we today, live in a state of chaos never before witnessed by man upon this earth. Can it be argued that the individual with a high school education and two years in a law school is prepared to embark upon the task of applying and interpreting the rules for the government of this increasingly in­volved society? In most cases the answer is NO. Yet one with the training outlined above is acceptable to the Kentucky State Bar As­sociation and is admitted to practice in the Commonwealth of Kentucky, after passing an examination covering the most elementary points of law. Small wonder that members of our profession find themseles unprepared to properly handle the litigation of their clients.
In order to protect himself from the justifiable criticism of the layman and in order to preserve the good name of the legal profession, it is imperative that the individual members of the group comprising the bench and bar take action to have the standards for admission to their chosen field raised to the point where only those worthy of the title “Attorney at Law” may find the doors open. If the authorities in whom the power to pre­scribe the standards for admission to the bar felt that the profession was earnestly behind the movement for higher standards there is little doubt but that they would respond and help to elevate the profession from the mire into which it is sinking.
HONOR SYSTEM
Has Proven Successful Examination Medium
In 1834 a group of students at the University of Virginia made the startling discovery that they were old enough to know right from wrong. They decided to conduct their lives under a self-imposed system of ethics regarding their campus life and examinations rather than the close scrutiny of a faculty imposed proctor system. This abrupt awakening resulted in the founding and devoloping of the Honor System.
The University of Louisville Law School’s entering class in 1936, at the suggestion and through the cooperation of Dean Lott, voted on and adopted an honor code, which in 1938 became the policy of the entire Law School. This code has the same ends in view as that adopted at the University of Virginia a hundred and four years be­fore. This system of trust in each student’s personal integrity pro­vides for freedom during the examinations never before known at this University. As in other schools under this plan, it extends to lying, cheating, and stealing. It is not unusual to see a law student working on his examination in the Book Store or on one of the stone benches around the flag pole. Since its adoption here it has never ceased to attract the envious attention of the general student body.
At Princeton University, where there was but one infraction from 1934 through 1938, a professor handed out an examination on a Friday, saying, ‘‘Turn this in on Monday. Spend no more than three consecutive hours on it using no books.” One student, who is now enrolled in our Law School took this examination to New York, fifty miles away, and worked it out in his room in the St. Regis Hotel. However it is only fair to say that in some schools the students have been unable to make it work so well, e. g. Yale.
Must Report Infraction
A necessary corallary to the successful workings of such a method is the duty placed upon each student to report any infrac­tion which he might observe. Various abusive terminology has been applied to those who report such infractions, by short-sighted individuals who would sacrifice the System for questionable per­sonal motives. Violations are re­ported to the Honor Council which is composed only of elected students—three from the third year class, three from the second year class, and one from the first year class. Complete power of ex­pulsion from the school is placed in this group of students upon proper application, through in­vestigation, and sufficient evi­dence.
There is absolutely no faculty participation, influence, or power of review of the Council’s deci­sions. A record of the trial is only kept if the person be found guilty, and then such record is filed at a place away from the school. In any event the student body never knows of any aspect of the pro­ceedings. If the person be found guilty his name is reported to the dean with the request that he be quietly dropped from school.
System's Advantages
The advantages of this system are many, among which several as we students realize them are the following:
(1.). freedom of movement which is genuinely appreciated in a four hour law examination
which alone determines the stu­dents’ semester grade;
(2.) having the assurance that one’s standing will not be jeopar­dized because of any unfair com­petition;
(3.) the conspicuous absence of proctor and professor during the examination period;
(4.) the satisfactory feeling of knowing your word will be un­questionably accepted as the word of a gentleman.
The objection most frequently urged against the Honor System is that it does not work. Optimists and skeptics alike agree that it is only good if it works. Too often arm-chair psuedo-thinkers will decide a priori that it can not work “human nature being as it is”. These persons fail to apply that test which is the true one for any controverted question—a pro­found, objective investigation of all the available facts.
Worked In Other Schools
Whether under the proctor system or Honor Code the stu­dents generally know how much cheating is actually going on bet­ter than do their professors. Therefore the best test of the working of an honor system is to be found in the conversations among students as to their beliefs and experiences under such a system. The constant satisfaction of students of the University of Virginia and Washington and Lee University for over one hundred years has shown as conclusively as possible that it has worked. This is a reliable test from the student’s standpoint. An even less intangible test is the one the pro­fessor himself applies—the com­parison of grades obtained under the proctor system with those un­der the Honor System. Applying this test the close relationship be­tween the two is conclusively con­sistent.
Each of these tests has been ap­plied at our Law School and the results reached have convinced both professor and student that the Honor System is working suc­cessfully, and that it is the better of the two systems.
Hudson Milner Sam C. Helman
Briefing Service Boon To Lawyers, Students
By Robert L. Leopold
(Research Supervisor, Briefing Service)
Perceiving the need for further practical training for the student of law, Dean Joseph A. McClain Jr., inauguarated what is believed to be the first law school briefing service at Mercer University Law School, Macon, Georgia, in 1927. Seven years later Dean McClain brought this unique clinical device with him to the University of Louisville School of Law and in October 1934 establish­ed the University of Louisville Law School Briefing Service. With the exception of time taken out for the regular university holidays, this Briefing Service has rendered continuous service since that time.
The purpose of this organization is twofold. It not only provides a “teething ring” for the “baby barrister”, in that it gives him some conception of the questions with which he will be confronted upon entering the practice of law, but it also renders invaluable service to members of the bar who find themselves hampered in their research because of limited library facilities in their own communities. It virtually places at the elbow of every licensed practicing attorney throughout the Commonwealth of Kentucky, and in some in­stances in other states, the 19,000 volume library of the University of Louisville School of Law.
Membership on the staff of the Briefing Ser­vice is qualified by high standards of scholarship and general efficiency. A student with a credit standing of “B” or better at the end of his first semester in the School of Law becomes eligible for appointment to the staff, although at that time he is prepared to handle only the most elementary problems of law.
The staff is headed by the Research Supervisor who is elected from the senior members by the other members of the staff. In order to announce the resumption of the service the Supervisor sends announcements to all newspaper editors and circuit court clerks within the Commonwealth of Kentucky each September, with the request that they either publish or post the notice. In addition the Supervisor attends to all the correspondence; assigns the questions as they are received; ex­amines and edits the briefs before they are re­turned; and renders whatever assistance may be desired by the other members.
The members of the Briefing Staff point with pardonable pride to the fact that their work has been recognized from coast to coast. Within the past eight months letters requesting information
Continued on Page 8
Cardinal
Official student publication of the University of Louisville, published by the students by authority of the Board of Student Publications on each Friday that school is in session.
For Law Special Edition
EDITORIAL DEPARTMENT
Editor-in Chief..................................................Alvin Trigg
Associate Editors:.............................Robert L. Leopold
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November 29,1939 THE C A R D I N A L Page 5
Brandeis Gifts Make New Library Envy of Other Law Schools
It is a trite expression that the tools of the physican are his stethescope and microscope; those of the engineer, his charts and instruments; and those of the den­tist, the drill and extractor—the lawyer has only his brain and books.
A Parasitic Combination
Brains and books—each feed­ing on the other, each contributing its share toward the growth and success of the other. A lawyer may have skill, he may be brilliant—but without a good stock of books, his brains go oft for naught.
In the new Law Library of the University of Louisville are 18,500 volumes of law books, reviews, periodicals, reports, texts, bio­graphies, histories, and records, an accumulation which is the envy of law schools the country over. Billeted in what many consider the most attractive and com­modious law library in the south, these volumes are the priceless tools of some seventy legal as­pirants.
Brandeis Collection Invaluable
Most valuable, probably of all the volumes are the Supreme Court Transcripts of Records and File Copies of Briefs, which are the gift of Mr. Justice Louis Dembitz Brandeis, recently retir­ed. Only twelve sets of such re­ports are printed, a set for each of the nine Supreme Court jus­tices and three copies for official government libraries. It has been the traditional habit of the jus­tices to donate their copies to the prominent law schools of this country, and through Justice Brandeis, the University has been designated as one of the nine fortunate institutions to receive copies of these reports.
Innumerable other volumes have been given by Justice Brandeis from his own personal library. In addition he has sent the Law School a collection of his private papers, briefs, memo­randa, and other writings, ac­cumulated over a period of years as an attorney and jurist.
Gorin Praises School
A graduate of the Harvard Law School, and now a practicing at­torney in Louisville, Mr. Lewis Gorin, Jr., said recently “There is not a single law school in the country which does not envy Louisville’s for the priceless works it has in the gifts of Jus­tice Brandeis.”
“The famous Brandeis brief, whose original you have, is alone
invaluable”, Mr. Gorin added. The brief referred to is one which Brandeis wrote in connection with the famous Garment Workers case in New York earlier in this cen­tury—one which is a landmark case in our jurisprudence.
Gifts from many other legal luminaries are contained in the stacks and shelves of the Law Library. Former Mayor of Louis­ville and a former Dean of the Law School, Neville Miller, now president of the American As­sociation of Broadcasters, has been the donor of a large collec­tion of volumes. All the various reporter systems, over forty law reviews, and a wealth of mis­cellaneous material fill the shelves.
Imposing Yet Comfortable
The library itself, an imposing yet extremely comfortable retreat includes a huge central reading room with alcoves on either side in each of which, half a dozen students may work in comfort and quiet. Indirect lighting on tables furnishes scientific reading facilities, while armchairs make for a modicum of comfort when minutes pass into long hours for the hardworking law-students.
There is a reserve reading room where students may confer and type briefs, and a third room which is used as an office by the full time librarian in charge. The walls of these rooms are also lin­ed with filled shelves.
In Constant Use
Probably the finest compliment
which can be paid the practicality of the library is the constant use which practicioners who do not own extensive personal libraries, make of its facilities.
In charge of the library (and its occupants) is Miss Lucy Minor who began work as law librarian at the downtown offices of the Law School before erection of the new building, and then super­vised the moving and installation of 18,500 volumes in the new building. She has earned for her­self an enviable reputation for capability and efficiency.
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It’s All In The Name of Law and Justice!!
Perplexing problems present themselves when a court or jury is to determine whether or not the defen­dant has breached a duty to the plaintiff. The test is: whether the defendant has or has not done what a rea­sonable man would do under similiar circumstances. The difficulty arises in the determination of exactly what a reasonable man would have done. Lord Justice Marrow in delivering the opinion of the court in the case of Fardell v. Potts (citation unknown) has defined the reasonable man as follows:
“This noble creature stands in singular contrast to his kinsman the Economic Man, whose every action is prompted by the single spur of selfish advantage, and directed to the single end of monetary gain. The Reasonable Man is always thinking of others; prudence is his guide, and ‘Safety First,’ if I may borrow a con­temporary catchword, is his rule of life.
Behavior Commands Admiration
All solid virtues are his, save only that peculiar quality by which the affection of other men is won. For it will not be pretended that socially he is much less objectionable than the Economic Man. While any given examples of his behaviour must command our admiration, when taken in the mass his acts create a very different set of impressions.
He is one who invariably looks where he is going, and is careful to examine the immediate foreground before he executes a leap or bound; who neither star gazes nor is lost in meditation when approaching trap­doors or the margin of a dock. One who records in every case upon the counterfoils of cheques such ample details are as desirable, scrupulously substitutes the word ‘Order’ for the word ‘Bearer,’ crosses the instru­ment ‘a/c Payee only’, and registers the package in which it is dispatched; who never mounts a moving omnibus and does not alight from any car while the train is in motion.
A Veritable Superman
One who investigages exhaustively the bona fides of every mendicant before distributing alms, and will inform himself of the history and habits of a dog before administering a caress; believes no gossip, nor repeats it, without firm basis for believing it to be true; who never drives his ball till those in front of him have definitely vacated the putting-green which is his own objective; who never from one year’s end to another makes an excessive demand upon his wife, his neighbors, his servants, his ox, or his ass. One who in the way of business looks only for that narrow margin of profit which twelve men such as himself would reckon to be ‘fair’, and contemplates his fellow merchants, their
agents, and their goods, with that degree of suspicion and distrust which the law deems admirable. One who never swears, gambles or loses his temper; who uses nothing except in moderation, and even while he flogs his child is meditating only on the golden mean. Devoid, in short, of any human weakness, with one single saving vice, sans prejudice, procrastination, ill-nature, avarice, and absence of mind, as careful for his own safety as he is for that of others, this excellant but odious character stands like a monument in our Courts of Jus­tice, vainly appealing to his fellow-citizens to order their lives after his own example.
“In all of this branch of the law there is no single mention of a reasonable women. Among the innum­erable tributes to the reasonable man there might be expected at least some passing reference to a reason­able person of the opposite sex: that no such reference is found, for the simple reason that no such being is contemplated by the law; that legally at least there is no reasonable women . . .”
IS MARRIAGE LAWFUL?
In Marrowfal v. Marrowfal the President of the Probate, Divorce, and Admiralty Division refused to recognize the lawful existence of the institution. He reasons as follows:
“‘The critical period in matrimony is breakfast-time’. But for too many couples the first breakfast which they take together is the wedding-breakfast. And how many husbands ascertain before marriage the opinions of the beloved on reading in bed, on early rising or late re­tiring? It was argued . . . that a man of average judg­ment should be able to make satisfactory deductions from general conduct, but how is a man to deduce from the conduct of an unmarried woman, married at the morning meal?
“It is a commonplace of literature that no one can predict the conduct of a woman. Women complain, in moments of dissatisfaction, that all men are alike, but men complain with equal indignation, that no two women are the same, and that no woman is the same for many days or even minutes together. It follows that no experience, however extensive, is a certain guide, and no man’s judgment, however profound, is in this depart­ment valuable. In all matrimonial transactions, there­fore, the element of skill is negligible and the element of chance predominates.
“This brings all marriages into the category of gaming, and therefore I hold that the Court cannot according to law assist or relieve the victims of these arrangements, whether by way of restitution, separa­tion, or divorce. Therefore it will be idle for married parties to bring their grievances before us, and in short, this Court will never sit again . . . any persons who want a divorce will be compelled in future to divorce themselves.
“The Court adjourned, for good.”
JUSTICE?
A man walked into a store in Wellston, Mo., purchas­ed some merchandise to the extent of $160 and gave a check on a local bank, which was returned “No funds.” He called on the merchant and told him that he had written the check on the wrong bank, and wrote a check on another bank, taking up the first one. The second check was returned “No account,” so they immediately had the man arrested. When the case came to trial, the defense attorney entered a demurrer, stating that he did not get anything but a piece of paper for a second check. The judge sustained the demurrer and the man walked out of the court a free man.
At a later date this same man filed suit against the merchant for false arrest and the case was settled out of court for $1,000, which was paid by a bonding com­pany, one of the largest in the country, whose rep­resentative furnished this information.
A similar case occurred in the same locality. The criminal was tried and freed by the same technicality, abhorrent to reason and justice, in another suit for false arrest brought by the crimal, and this time the bonding company paid him $2000.
STEALING
If a thief in Missouri is not caught, he goes to a “fence” and divides the loot with him; if he is caught, he goes to a lawyer and divides the loot with him. Both the lawyer and the “fences” want the money.
QUID PRO QUO
A lawyer is tried on a charge of kidnapping Alexander Berg for ransom. He is acquitted on his second trial.
Two lawyers defend him.
Later a grand jury indicts the two defending lawyers for bribing a juryman in the first trial.
The first lawyer now appears in defense of the other two from that charge.
FEES
Stephen C. Rogers, attorney, filed a claim for legal services of $73,416 in the Probate Court against the estate of Hugh W. Thomasson, who died in January. An­other prediction that the case will not be ended as long as anything remains of the estate will probably also be fulfilled.
COMMENT
If the end of justice in the aforestated cases has not been attained in your estimation, Gentle Reader, condemn not our lawyers, nor our judges, nor our courts, nor our system of administering and making the law; but, if condemnation must fall, condemn all humanity for being human beings.
O. P. Dobie and R. N. Cook Additions To Law School Faculty This Year
New Professors
With the leaving of Professor Neal Sullivan, who accepted a professorship of law at the Uni­versity of Illinois, and the tempor­ary absence of Professor G. M. Stevens, who is doing graduate work in law at the University of Michigan, the School of Law has secured the capable services of two outstanding lawyers and ex­perienced teachers to fill the created vacancies—Professors Otis Preston Dobie and Robert Nevin Cook.
Professor Dobie, instructor of ethics, equity, and pleading comes from Mercer University Law School, Macon, Ga., where he was assistant Professor of Law. He received his B. A. from Randolph- Macon College in 1928 and his LI. B. from the University of Va., in 1932; his LL. M. was received from Harvard University in 1935. Professor Dobie was admitted to the Virginia bar in 1932 where he practiced four and a half years at Richmond before accepting an
assistant professorship of Law at Mercer University in 1937.
At Vanderbilt
Professor Cook, instructor of conflicts of law, personal and real property, comes from Vanderbilt University School of Law, Nash­ville, Tenn. He received his A. B. in 1933 from Bucknell University and his LL. B. in 1936 from Duke University. His practice ex-
perience was with Knight and Kivoko, Sunbury, Pa., during ’36- ’37. In 1937 he was made in­structor of Law at Mercer Uni­versity, and in 1938 assistant Pro­fessor of Law and Librarian at Vanderbilt University. While at Duke, Professor Cook made sever­al contributions of law notes in the Duke Bar Association Jour­nal, and he has written an article in Law and Contemporary Pro­blems.
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Four terms of eleven weeks are given each year. These may be taken consecutively (graduation in three and one-quarter years) or three terms may be taken each year (graduation in four years). The entrance requirements are in­telligence, character and three years of college work, including the subjects specified for Class A medi­cal schools. Catalogues and applica­tion forms may be obtained from the Admission Committee.
Brandeis Stenographerless
Revelation that former Justice Louis D. Brandeis never employ­ed a personal stenographer during his years on the Supreme Court was made Sunday in a radio in­terview, by Dean J. N. Lott, Jr.
Interviewed by Edgar Simon over WHAS, Dean Lott told that the revered Justice wrote all per­sonal letters in his own hand­writing, some 15 or 20 of which he (Dean) has received.
“Mr. Brandeis is far from in­active since his retirement from the Supreme Court”, Dean Lott
divulged. The Justice is at his desk every morning at six o’clock. His primary interest is the Zionist movement which is designed to aid his co-religionists the world over.
Dean Lott called the ex-Jus­tice one of the Law school’s chief benefactors and a “guiding spirit” during the years of planning the new law building.
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JAckson 0161November 29, 1939 THE C A R D I N A L Page 7
Law Dedication Log
PRESIDING
Edward S. Jouett, Chairman, Board of Trustees, University of Louisville.
2:30 P. M. INVOCATION
Dr. Frank H. Caldwell, President, Southern Presbyterian Theo­logical Seminary.
2:35 P. M. REMARKS
J. N. Lott, Jr., Dean of the School of Law, University of Louisville.
2:40 P. M. ADDRESS
Joseph D. Scholtz, Mayor of the City of Louisville.
2:45 P. M. GREETINGS FROM THE AMERICAN BAR ASSOCIA­TION
Will Shafroth, Advisor, Legal Education Committee, American Bar Association.
2:50 P. M. ADDRESS
Joseph A. McClain, Jr., Dean of the Law School, Washington University.
3:00 P. M. DEDICATORY ADDRESS
"Democracy and Constitutional Government"
Honorable John J. Parker, Presiding Judge, United States Cir­cuit Court of Appeals for the Fourth Circuit.
3:45 P. M. REMARKS
Raymond A. Kent, President, University of Louisville.
FORMAL ACCEPTANCE OF THE ALLEN COURT ROOM
FORMAL ACCEPTANCE OF THE ATTILLA COX LIBRARY
A Tea Will Be Given By The Law School Faculty Assisted By The Alumni Association, In The Library Reading Room After The Ceremonies.
Law School Indebted To Famed Jurist
Louis D. Brandeis
No review of the development of the University of Louisville School of Law would be complete without mention of the invaluable inspiration and material benefits conferred upon this institution by former United States Supreme Court Justice Louis Dembitz Brandeis. It is not only the irre­placeable collection of legal litera­ture with which Justice Brandeis has so generously furnished our growing library which brings forth the deepest sentiments of
appreciation and respect, but also the high ideals which were rever­ed and furthered by this dis­tinguished jurist throughout his entire career both at the bar and while upon the bench of our na­tion’s highest tribunal. The name of Louis Dembitz Brandeis shall remain in the hearts of each mem­ber of this institution down through the years and his elevat­ed conception of the law as a true social science will continue to urge us to higher planes.
PATRONS
Mr. Thomas A. Barker..........’91
Mr. Lawrence S. Leopold....’94
Mr. Joseph Seligman............’96
Mr. Menifee Wirgman..........’00
Mr. William W. Crawford....’01
Mr. David R. Castleman......’02
Mr. David A. Sachs Jr.........’05
Mr. Charles W. Milner..........’09
Mr. Bodley Booker................’12
Mr. Irvin Marcus...................’16
Mr. Herbert Boehl...............’18
Mr. Mortimer Viser..............’18
Judge Tilford—
Continued from Page 1
that I have an income, and yet, I possessed neither the furniture, fixtures, reputation, nor experience necessary to the opening of an office of my own. But, I had a very dear boyhood friend, the Honorable Merit O’Neal, the son of one of Louisville’s kindliest and most distinguished citizens, Joseph T. O’Neal, all three of whose liv­ing sons, Merit, Joseph, and Emmett, have risen high in the service and esteem of the people of this community.
As a result of this friendship, in the early spring of 1902, I was taken into Judge O’Neal’s office as an assistant, and the memory of that office will forever dwell with me. To my impressionable mind —I was only twenty-two—it was the last word in convenience and attractiveness, although, judged by the standards of today, it would be a curiousity. Located on the second floor of a building on the east side of Fifth Street, opposite the side entrance to the Court House, it had no elevator service or steam heat, and I well remember the open fireplace, coal scuttle, shovel, and tongs with which the grate fires were tended.
If my recollection serves me correctly, there were only three modem office buildings in Louisville at that time, the Columbia, the Kenyon, and the Louisville Trust Company Buildings, and com­paritively few lawyers had abandoned the old idea of having offices convenient to the street level. In those days it was thought desirable to have windows in view of the passing throngs on which one’s name was printed in large letters. About two years later Judge O’Neal moved his offices to the Kenyon Building, which, at that time, was the choice of the lot. Five years later I decided it was time to try my own wings, and formed a partnership with Samuel W. Greene. This partnership lasted for two years, after which I continued to practice as an individual in the Kenyon Building where I still have my Louisville office. In the summer of 1935 I formed a partnership with Lawrence W. Wetherby, and this partner­ship continued until July 18, 1939, when I was appointed by Gover­nor Chandler to the Appellate Bench of Kentucky.
Remembers Joseph T. O'Neal
I have many recollections of the great lawyers and judges of my early days, among whom, of course, is Joseph T. O’Neal, who was as noted for his kindly disposition and consideration of all of those with whom he came in contact, as for his great ability and eloquence. Also, Judge Emmet Field who presided over our Common Pleas Court with dignity and firmness tempered with consideration and a deep understanding of human nature. He was one of my in­structors at the University Law School, and so great was his dis­like of wounding the feelings of his students, that when one of his young aspirants would give a totally incorrect answer to a question propounded to him during classes, he would clear his throat, emit­ting a series of gutteral sounds, and conclude by saying “Mr. Tilford,
you mean ...’’, and then state the correct answer. But, it would consume too much space to at­tempt to detail these recollections, however much I like to dwell up­on them. Indeed, they may have played some part in my accep­tance of the honor which has been accorded me by my elevation to the Bench of the highest Court in the State, although I believe the ambition to become a judge is latent in the breast of every true lover of the Law.
Moot Court
Continued from Page 1 Turner and Johnson had won the honor of having their names en­graved on the cup as being the best in trial work.
In 1938 this distinction went to Joseph E. Stopher and Robert B. Burke, Jr., and in 1939 to Carl A. Warns and John S. Palmore.
Thus since 1936 the students be­fore being graduated have had that practical experience without which no barrister is really a law­yer. They are qualified to prac­tice, not on the client, but for him.
It is planned in the future to make these trials even more prac­tical and benefical. With the facilities of the Allen Court Room it is possible to show witnesses
moving pictures from different angles of an accident or situation. These witnesses are then inter­viewed by the attorneys, who from the facts told them must pre­pare the case, the pleadings, questioning of witnesses, and arguments. It is hoped that sev­eral cases may be on the docket of the court at once, so that if one case is continued for a time, the next case may be called, and trial started immediately, thus func­tioning precisely as the actual court system.
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Kyle Young MA. 9433 3rd & BrandeisPage 8 THE C A R D INA L ______________________ November 29, 1939
Dedication
Continued from Page 1
‘“Brandeis Vault” contains private papers, books, memoranda, briefs, scrapbooks, and personal cor­respondence of former Justice Louis D. Brandeis, native of Louisville and benefactor of the University and the School of Law. Much of his personal correspon­dence, including private letters from President Wilson to Justice Brandeis at the time of his
(Brandeis’) appointment to the court, as yet unopened, are con­tained in the vault. Instructions are that this material may not be opened until after Brandeis’ death.
Dean J. N. Lott, Jr., announced today the full program for the Dedication exercises. Addresses by Mayor Joseph D. Schultz; Will Shafroth, adviser, Legal Educa­tion Commitee, American Bar As­sociation; Dean Joseph A. McClain, Jr., of the Washington
University Law School, a former dean of the Louisville Law School; and brief remarks by President Kent and Dean Lott complete the ceremonies. Edward S. Jouett, chairman, Board of Trustees, University of Louisville will preside, and following formal acceptance of the Attilla Cox Library and the Allen Court Room, a tea will be given by the Law School faculty in the Library Reading room.
BRIEFING SERVICE
Continued from Page 4
have been received from such devergent points as San Francisco and Hoboken, New Jersey, and from as far north as Newberry, Michigan. Regard­less of its source each letter contains a vital, liv­ing question upon which the rights of existing persons are based. It is small wonder that such problems add light to the life of the student who has been burdened with the seemingly impersonal
Frequently applicants for the service gener­ously offer pecuniary remuneration to the staff or the individual staff member for the assistance rendered, but in each instance such offers, although appreciated, are not accepted. All the members of the staff are fully aware that the compensation for the many long hours of extra curricular work which they expend comes in the form of invaluable experience—the very basis of legal knowledge. questions presented in the daily class routine.
Gems
Continued from Page 2
by the state but must be sur­rounded by a 20 foot wall of brick or stone, and members must be registered.
“Any person struck or wound­ed by weapons popularly known as colts, brass knuckles, sling shots, or sand bag shall have a right to recover for injury done.” 1267
“If any person shall wilfully interrupt or disturb . . . any school, seminary, or college while students of same are engaged in their studies or undergoing a public examination ... he shall be fined not less than $20 or more than $50.”
1269
Persons engaging in a duel or sending a challenge may be fined and imprisoned and are barred
from holding state office.
1319
“If any person shall curse or swear he shall be fined $1.00 for each offense.”
1321
“No work or business shall be done on the Sabbath Day except household offices, public utilities, moving pictures, filling stations, and restaurants.”
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