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TTirso

ELTA C

QUARTERLY

PUBLISHED-BT-TBE-fRATERNlTY

APRIL, 1903

UQ^^^

CONTENTS.

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Delta Chi
Quarterly

HAROLD FERRIS WHITE

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inusben.

FRATERNITY OFFICERS.

HONORARY.

President.
Commodore David Banks, of New York City.

Vice-President.
Hon. Charles W. Fairbanks, of Indianapolis.

Second Vice-President.
Professor Ernest W. Huffcut, of Ithaca.

Orator.
Hon. Augustus V. Dively, of Altoona, Pa.

Poet.
Professor Frederick Campbell Woodward, of Chicago.

active.

Mr. James O'Malley, " AA" Cornell, '02, Buffalo.

Mr. Charles Diebold, Jr., " BB " Buffalo, '97, Buffalo.

Mr. Charles Harris Moore, ''CC" N. Y. U., '00, New York.

Mr. Edward Carleton Nettels, " DD " Chicago, '00, Chicago,

Mr. a. Frank John, " EE " Dickinson, '00, Mt. Carmel, Pa.

CHAPTER OFHCERS.

Mr. Ernest W. BishofT
Mr. Isaac Allison
Mr. C. George Russ
Mr. Floyd L. Carlisle
Mr. Isaac Allison
Mr. J. W. Knapp

Mr. George £. Draper
Mr. J. Morton Boland
Mr. Edward J. Wilson
Mr. Arthur B. Widdecombe
Mr. Harry S. Austin
Mr. George J. Corbett

Mr. M. W. Moore
Mr. H. H. ITiomas
Mr. A. L. Myers
Mr. George Riebeth
Mr. George Riebeth
Mr. W. A. Francis

Mr. Wm. T. Hanlon
Mr. Orville R. Lighter
Mr. Thomas R. Waters
Mr. John A. Haver
Mr. Chas. A. Deignan
Bir. Rawle Weeks

Bir. Paul A. A. Core
Mr. Albert S. Longbatton
Mr. Frank P. Benjamin
Mr. A. T. Walsh
Mr. Harry A. Hillyer
Mr. Joseph E. Fleitz

Mr. Benj. F. J. OdeU
Mr. Marion H. McKinney
Mr. Alton F. Johnson
Mr. Garence E. Knowlton
Mr. Clayton J. Barber
Mr. RusseU Wiles

CORNELL.

"A" Delta Chi House Ithaca, N.Y.

U -D »» (I «

u rMt li tt

«r\ii << tt

itl^ti • It tt

«pi» tt tt

NEW YORK UNIVERSITY.

"A"

262 W. 62nd St., New York.
"B" Hotel Winthrope, "

"C" Peekskill, N. Y.

"D" New Brighton L. L

" E " Central Bridge, N. Y.

" F " 306 W. 29th St. New York.

MINNESOTA.

"A"
"B"
"C"
«D"

"E"

400 Washington Av. S. E. Minneapolis.
619 Thirteenth Av. S. E. '*

200 Har\'ard St. S. E. "

1033 Morgan A V. North "

200 Harvard St. S. E.

MICHIGAN.
" A " Delta Chi House Ann Arbor Mich.

*'B"
"C"
"D"
"E"
"F"

tt
tt
tt
tt
tt

DICKINSON.

"A" Carlisle Pa.

"B"

"C"

"D"

"E"

«F"

NORTHWESTERN.

"A"
"B"
"C"
"D"
"E"
"F"

867 W. Monroe St. Chicago,
732 W. 07th St.
437 Belden Av.
287 E. Illinois St. **

398 Superior St.
5711 Woodlawn A v.

CHICAGO.

Mr. W. S. Johnson
Mr. Joseph F. Peacock
Mr. Harry H. Barnum
Mr. William C. Miller
Mr. William C. Miller
Mr. Charles F. Rathbun

Mr. Almon W. Lytle
Mr. Walter S. Richardson
Mr. Charles A. McDonough
Mr. S. Fay Can-
Mr. Henry W. Doherty
Mr. F. Walter B. Walsh

Mr. A. J. Slaght
Mr. Walter A. Sadler
Mr. Hugh A. Rose
Mr. Edwin G. Long
Mr. Frank Ford
Mr. F. R. A. Carmen

Mr. Harry S. EMwards
Mr. John T. Gardner
Mr. Chas. L. Crane.
Mr. Girard S. Johnson
Mr. John A. Malloy
Mr. Cliflford Axtell

Mr. Milton W. Morrison
Mr. Chas. A. Dunn
Mr. W. Burt Cook Jr.
Mr. Ray E. Nimmo
Mr. Alfred D. Dennison
Mr. John L. Cummings

Mr. Harry Sherr

Mr. Albert J. Collett

Mr. Chas. J. Hyer

Mr. L. D. Zinn

Mr. Stout ,

Mr. Allison S. Pleming

"A"

"B"

"C"

"D"

"E"

37 92 La Salle St., Chicago.
195 California Av. "

510 131 La Salle St. "

State Bank of Chicago. "

601 First National Bank. "

BUFFALO.

"A"

"B"

"C"

"D"

"E"
"F"

37 White Bldg. Buffalo.

7 Erie Co. Bank Bldg. "
991 Elicott Square
626 "

91 Wastwood PI.

40 White Bldg.

tt
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OSGOODE HALL.

"A"
"B"

ttQn

"D"
"E"
"F"

28 Toronto St. Toronto, Ont.
235 Yonge St.
259 College St.

23 Adelade St. E.
Parliament Bldg.
Osgoode Hall

SYRACUSE.

"A"
"B"
"C"
"D"
"E"
"F"

Syracuse, New York.

ft
tt
tt
It
tt

tt
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It

"A"
"B"

ttQn

"D"
"E"
"F"

UNION.

Delta Chi House Albany, N. Y.

State Library

221 Eighth St. Troy,

Delta Chi House Albany,

It
tt
It
It
It

WEST VIRGINIA.

" A " Morgantown W. Va.
"B"

"D"

"E"
"F"

OHIO STATE.

Mr. E. A. Spurrier
Mr. R. C. Taylor
Mr. H. C. Godown
Mr. C. B. Wonder
Mr. E. J. Lainbert
Mr. W. C. Rowe

"A"
"B"

"E"

East Fifth St. Ck>luinbi]8, Ohio.

East Town St. " "
South Fifth St.

it tt

883 Oakwood Av. "
63 East Town St. "

NEW YORK LAW.

Mr. Leroy T. Harkneas
Mr. James E. Downing
Mr. Clifford G. Pearce
Mr. Edward T. Casebolt
Mr. Leroy W. Roes
Bir. Chaa. Mclntsrre

"A"

"B"

"C"

"D"

«E"
«F"

293 Clinton Av. Brooklyn N. Y.

68 W. Washington Sq. New York.

25 Pine St. New York.
1005 Broad St. Newark N. J.
507 4th St. Brooklyn N. Y.

25 Broad St. New York.

ALUMNI CHAPTERS.

Mr. Emil C. Wetten
Mr. F. J. R. Mitchell
Mr. E. B. Witwer
Mr. George I. Haight
Mr. H. L. Chapman

CHICAGO.

President

Vice-President

Secretary

Treasurer

Sergeant-at-Arms

184 La Salle Street
1415 100 Washington St.
153 La Salle St.
134 Clark Street.
182 La Salle St.

-••' ':y:v YORK

'771730

^ •, '>

DELTA CHI QUARTERLY

ToL L AFBIL, 1908. No. 1.

INTRODUCTION,

In presenting to the members of Delta Chi the initial number
of the Quarterly it is fitting that some explanation be made rela-
tive to the establishment of this — the official organ of the Frater-
nity— its purpose, its scope and its "raison d'etre. "

Before entering upon such a discussion, however, we wish to
record our apology for what may seem to some of our readers,
an imjustifiable delay in issuing the first number. When it was
decided at the Eighth Annual Convention in Chicago, in July,
1902, to establish a fraternity publication, to be known as the
" Delta Chi Quarterly, " it was confidently expected that its appear-
ance was simply a question of a few weeks, and would be accom-
plished with slight effort on the part of the editor and his assist-
ants.

The plan, as outlined at the convention, seemed perfectly
simple, the appointment of an editor and business manager, a re-
quest to the Alumni members for subscriptions, a few interviews
resulting in "ads" sufficient. to . pay-, all ^xpen^es, an appeal to a
few of our more illustrioifebl'b.th^FS, for Kt^taryvcontributions, and
presto! the Quarterly appe^srwrth: jorcatness and dispatch.
How different the picture prfes^^^T in- tJie light of actual realities!
The enthusiastic endorsement ot-t^e ci&nveMion and hearty prom-
ises of co-operation from the delegaltes became of little avail, when
the meeting had adjourned, and those who took part in its deliber-
ations had scattered to the four winds.

Very few, apparently, had taken into consideration the mani-
fold obstacles that were to be met and overcome before the new
enterprise could result in anything tangible.

For example, we were at once handicapped by the lack of a re-
liable Ust of Alumni and active members. The catalogue pub-
lished in 1899 was foimd to be entirely inadequate, and in conse-

t .u.U^

DELTA CHI QUARTERLY.

quence, of the hundreds of letters which were sent out, many were
returned without having reached the persons to whom they were
addressed; while we regret to say that many more failed of a re-
sponse, for no other reason than that the recipients were not suflS-
ciently interested to reply.

On the other hand, the proposition to establish a magazine de-
voted to the interests of Delta Chi met with instant favor among
a large proportion of graduate members, and many of the letters
received were hearty in commendation of the plan.

We take the liberty of printing two of these letters, the first
from Brother James P. Magenis, Cornell, '00, the second from
Brother RoUin W. Dole, Cornell '01.

"Boston, Mass."
''To the Editor,

Delta Chi Quarterly, Chicago, 111.
Dear Sir:

" As a member of Delta Chi, and as a former newspaper man, I
want to cordially commend your enterprise in beginning a pub-
lication in the interests of the Fraternity. Nothing will so bind
the boys together, nothing will so enlighten them as to matters
important to our well-being, nothing will so awaken an interest
as some form of periodical. It is well that you begin with a quar-
terly ; it should soon be a monthly ; and it should bristle with law
and matters of fraternal interest. To bring about success you
must have the whefOwkhel^t]ie.coiD of the realm, constantly flow-
ing in to replenish, a: racvepotis excfaecquer. I know what the ex-
perience is. If ever a man is j^nspipus of fixing his habitat be-
tween the devil and thQ ,deep feeic iy % when he ventures to nurse
a literary infant over the- tndge! of. squalls. In this respect I be-
lieve that profanity is pauridf. the .intimate vernacular of a news-
paper oflSce, for, at times being necessary, it is frequently use-
ful.

The boys all along the line should add something to the finances.
It is well to read a paper, it is better to help pay for it. You may
put me down for a year's subscription, and you may place my
card in your attorneys' directory.

Wishing you the success your enterprise merits, and, assuring
you of my willingness to co-operate with you in any way open to
me, I am Fraternally yours,

James P. Magenis."

DELTA CHI QUARTERLY.

"Salt Lake City, Utah.
"To the Editor,

Delia Chi Qaarterly, Chicago, 111.
I have just mailed my card subscribing to the new Ddta Chi
Quarterly. I also enclose card which I want to appear in the
Attorney's Directory.

It is needless for me to say that I heartily indorse the idea
throughout, and you may coimt on me to do my little share and
more too, if necessary, to help the project along, for I believe it is
the only available means of keeping the Alumni in close touch
with each other and with the general undergraduate chapters. I
will make it a point to see all the Salt Lake '^Delts^' and urge upon
them their fullest co-operation.

Yours in Delta Chi,

RoLLiN W. Dole."

The spirit manifest in the above letters is essential to the suc-
cess of the undertaking, and we desire to impress upon every %
alunmi, as well as every active member, the necessity of his per-
sonal assistance in making the publication, not only a help, but
an honor to the Fraternity.

Under the provisions of the constitution, as amended last
summer, each undergraduate member becomes a subscriber upon
payment of his annual dues, thus assuring a subscription list of
nearly two hundred and fifty, but in order to make the Quarterly
self-sustaining, it is imperative that every alumni member should
subscribe. An increase in circulation would mean an increase
in the facilities for securing advertisers. It is to these two sources,
we must look for financial support.

It is our hope and purpose to make the Quarterly interesting,
not only to those who are now in college, but to the men who,
though scattered throughout the length of the land, still cherish
fond recollections of the days they spent in reading Blacks tone
and initiating imsuspecting recruits into the mysteries of
Delta Chi. To accomplish this end, the Quarterly must be broad
in its scope. It is proposed to establish a department containing
original articles on legal and economic subjects, and many of the
Alumni have expressed their enthusiastic approval of making

8 DELTA CHI QUARTERLY.

this an important part of the publication. Another feature will
be the history and development of the various universities and
colleges — the homes of our chapters. This series is inaugurated
herein by an account of "The Home of the Northwestern Uni-
versity Law School," with several illustrations. Another depart-
ment, which it is planned to establish in a subsequent issue, is
"Book Notes," containing a short review of recent law and kin-
dred publications. Of particular interest to the active members
will be the " Chapter Correspondence," as it will enable the various
chapters to keep fully informed of the growth and important
events in the current history of the Fraternity. It is absolutely
necessary in carrying on the work of this department that Chap-
ter Clerks should furnish the required data,* and that it should be
in the hands of the editor at least three weeks previous to the date
on which the publication is to be issued. In this connection, we
desire to call attention to the complete reports submitted by
Michigan and Chicago Chapters as examples of what these letters
should contain.

In procuring items concerning the Alumni we meet with a more
diflScult task. Whereas, in the active chapters, it is the duty of
the clerk to report fully regarding initiants, and current events
of interest, in the Alumni no one assumes such responsibility,
and it is only by educating our readers to the point, where every
happening in which a member of Delta Chi is concerned, will at
once be recorded and submitted to the editor, that we can hope
to reach any degree of thoroughness in the "Alumni Notes."

We take occasion to urge upon every reader the importance of
sending in, for publication, any items of news relating to members
of his own chapter or class.

We also call attention to the department to be known as the
"Attorney's Directory," which is of immediate interest to those
who are actively engaged in the practice of the law, and of
which more is said in one of our editorials.

In conclusion, we feel that the establishment of the Delta Chi
Quarterly needs no defense. It is not an experiment, nor is it
the hobby of one man, or any set of men, and if it proves success-

DELTA CHI QUARTERLY.

fill, as it must, credit will be due, not to its editor or a corps of
editors, but to the efforts of individual members, through whose
contributions and support the publication is maintained.

Some thirteen years ago the Faternity was founded at Ithaca.
Its growth has been remarkable in view of the high standards
maintained, and its achievements are too well known to need re-
counting here.

During the early stage of its development the chapters were
very few and the graduate membership limited.

The Alumni by correspondence and visits to "Alma Mater"
were able to keep in close touch with each other and with the act-
ive chapters, but there soon came a time, when those who had
made Delta Chi history in the early 90's were no longer
heard from. Their individual interests were all absorbing.
They had little time to visit the scenes of college days. They
neglected to correspond with former classmates. They received
no notification of conventions, or other gatherings, and as there
was no provision for the dissemination of Fraternity news, small
wonder that they came to regard their connection with the organi-
zation, one in name only.

This condition was for a time unavoidable. The question of
reaching the former active men was often discussed, and the plan
to publish a periodical for circulation among active and alunmi
members was as often broached, and dismissed as unfeasible.

The time has now come, however, when all who have given the
matter consideration, declare that such a publication is vital not
only to re-establish in the hearts of the Alumni a sturdy allegi-
ance to Delta Chi, but also to cement the various chapters in
closer union and impress upon other fraternities the position we
have taken in the Greek letter world.

And so, with the usual temerity of the novitiate editor, and with
fraternal greetings, we present to the readers Volume one, Num-
ber one of the Delta Chi Quarterly.

The Editor.

10 DELTA CHI QUARTERLY.

THE FOUNDING OF THE DELTA CHI FRATERNITY.

By Monroe M. Sweetland, Cornell, '90.

Ithaca, N. Y.

I have been requested, as one of the founders of the Delta Chi
Fraternity, to contribute to the initial number of the Quarterly,
a brief history of the origin of our Fraternity, and an account of
the conditions existing at the time of its advent.

The day has past when College Fraternities are obliged to defend
their existence and demonstrate their use and worth; the waters
of oblivion are washing out the last trace of opposition to the
College Fraternity. It is now recognized as an approved and
component part of our college system. It has been said, with
much truth, that the benefits to the college student, derived from
association with fellow students, in the activities and actualities of
the minature world of college life, are of unquestionable value but
little inferior in results to those of the study and class-room. The
student who for any reason is deprived of the advantages of
intimate association with fellow students and of active participa-
tion in college affairs, has forever lost a part of the richest and
most prized of life's experiences, " College Memories.' '

The College Fraternity sjrstem fosters love for alma mateTj as
well as the closest and most lasting friendship known to man.
Fraternal ties are formed and cemented during a susceptible
period of life when hope is high and life's disappointing realities
have not burned out the romantic ideals of youth.

The writer was a post-graduate law student at Cornell Uni-
versity during the College year 1889-90. About that time was a
period of marvelous growth and development for Cornell ; it was
in the palmy days of the administration of President Charles
Kendall Adams ; new buildings were springing up ; each year saw
a mighty increase in the number of students registered and all was
well and prosperous at Cornell.

The Law School had been but recently established, but its
faculty was unsurpassed by any in the land. It included Prof.
Hutchings, now of The University of Michigan, Prof. Collin, of the
New York State Statutory Revision Commission, and also legal
adviser to Governor Hill and later to Governor Flower ; and the
distinguished Prof. Burdick, now of New York. The Law Faculty
was composed of men who helped to build up and to make the

DELTA CHI QUARTERLY. 11

law; they had written theu- names and their records in the Law
Reports of their States. Success was assured for the Law De-
partment of Cornell and with it the certainty of receiving many
students from the graduates of the general courses.

The Greek Letter Fraternities were, at this time, well repre-
sented at Ithaca, owning or occupying good and well furnished
Chapter Houses, with a large average membership to each Chapter.

The writer was impressed by the fact that there was a very
large number of most excellent men outside the established Fra-
ternities and that Phi Delta Phi was tHe only Fraternity that con-
fined its membership to the law students.

The Phi Delta Phi Law Fraternity, had established a Chapter
at Cornell during the year 1888; its membership was large and it
exercised a powerful influence in student affairs in the Law School.
It was during the College year 1889-90, that considerable feeling
was aroused among law students, not members of that fraternity
because of the belief that it was attempting to control student
and class politics.

The antagonism to Phi Delta Phi thus engendered, resulted in
more or less discussion regarding the advisability of organizing
for the purpose of securing full recognition in class and other
college affairs. The writer was known to have some experience
in fraternity matters and was several times urged to undertake
such an enterprise, but the college year closed without a per-
fected organization.

The agitation, however, continued during the summer months
among the students remaining in Ithaca, and in the month of
July, 1890, it was decided to establish at Cornell University, a
Greek Letter Fraternity, with membership confined to law
students, having in view a conservative plan of extension among
other institutions of good and approved standing. The organ-
ization was gradually perfected, but it was not until October
12, 1890, that Delta Chi was formally founded.

It seemed that a monogram badge was the most satisfactory,
under all the existing circumstances and that the Greek letter
Delta resting on the letter Chi would best express the mystic
symbolism of the new Law Fraternity.

The first badge was made by an Ithaca jeweler from a design
and drawing furnished by the writer; that design has not been
changed. Judge A. S. Barnes of Binghamton, N. Y., has the
first Delta Chi badge made and the writer has the second, both of
which are worn by their owners constantly.

A governing body was organized in the fall of 1890, with the

12 DELTA CHI QUARTERLY.

following oflScers : Owen L. Potter, '92, " AA, " John M. Gorman,
'91, "BB," George A. Nail, '92, "CC," and Albert T. Wilkinson,
'92, " DD, " The early meetings of the chapter were held in the
writer's oflSce, but it was not long before a comfortable Chapter
House was secured near the University.

In January, 1891, negotiations were opened for the establish-
ment of Chapters at Ann Arbor, Cincinnati and Buffalo, but the
first success was encountered in the New York University, where
a chapter was installed May 28, 1891 . Charters were subsequently
granted in 1891 to the Albany Law School (re-established in 1900
as Union Chapter), 1892 to the University of Minnesota and De
Pauw University (the latter having since been withdrawn), 1893
to the University of Michigan, Dickinson University and North-
western University; 1896 to the Chicago College of Law, 1897 to
the Buffalo University, and Osgoode Hall of Toronto, 1898 to the
Syracuse University, 1902 to the University of West Virginia,
Ohio State University and New York Law School.

As I look back over the early history of our Fraternity I am
impressed with the recollection of the remarkable imity and true
Fraternal spirit which then prevailed and has always been main-
tained in the parent Chapter of Delta Chi. We builded better
than we knew, and the results have justified our brightest antici-
pations. Delta Chi has been a force for good and that good has
not been confined to its members alone.

Union College gave to the world the Greek Letter Fraternity
system; at the University of Michigan Phi Delta Phi was founded;
later at Cornell University Delta Chi was founded. Michigan and
Cornell have given to the College world the only Law Fraternities
and each Fraternity will be better because of the other. Where
there is room for Delta Chi there is room for Phi Delta Phi, each
will spur the other to a higher standard, to loftier ideals and to
truer service to cUma mater.

DELTA CHI QUARTERLY. 13

THE CHICAGO CONVENTION,

By S. Fay Carr, of Buffalo Chapter.

The Eighth Annual Convention of Delta Chi Fraternity was held
at the Grand Pacific Hotel on Wednesday, Thursday and Friday
July 9th, 10th and 11th, 1902. In respect to the volume and im-
portance of the business transacted, no previous annual meeting
of the fraternity equaled this gathering. So, too, from the stand-
point of entertainment and the promotion of a general good
feeling among the delegates the Chicago convention stands out
in has relief.

It is not the purpose of this article to give in detail the busi-
ness features of the convention. A full account of each session
is published in the minutes and it is not too much to assume that
every brother will be suflSciently interested to read the report.
In this article the writer hopes to convey some idea of the royal
entertainment furnished the visiting delegates by members of
the Chicago chapters.

On Tuesday afternoon and evening, July 8th, delegations of
tired and travel-stained men from various law schools of the
country arrived in the windy City of Chicago. No sooner had
they become accustomed to the hurly burly of the city, than their
faces were brightened by the sight of Delta Chi brothers, who
were waiting to welcome them to the Eighth Annual Convention
of the Fraternity. Foremost among these was Brother Harold
F. White, the general chairman of the entertainment committee,
who, with the assistance of his associates, began the preliminary
bout by announcing a reception to visitors and delegates to be
held on the following morning.

The feeling of strangeness quickly disappeared and was re-
placed by a spirit of fraternal congeniality when Brothers John,
O'Malley, Ferris, Moore and Nettels met at this reception. The
novices were intent upon getting news about the different chapters,
while the "regulars" exchanged reminiscences of former con-
ventions.

After the first warming up the delegates adjourned to Kins-
ley's where an impromptu luncheon was served. On the way
our hosts told groups of interested listeners the story of Chicago,
from the time the flag was raised on Fort Dearborn through the
first epoch of the city's history which ended when the cow kicked
over the lamp in 1871. And on our way back, the second epoch

14 DELTA CHI QUARTERLY.

ending with the Haymarket Riot, and all the principal achieve-
ments, were related with a pride which only a Chicagoan can
evince.

On Wednesday afternoon the first business of the convention
began when the delegates were seated, many of whom, although
tired from travel, refused to remain seated; but were so enthu-
siastic for Delti Chi that they were continually on their feet
offering suggestions for the good of the fraternity. Brother
Ferris took up the gavel for the first meeting, but thereafter
Brother Harrie 0. Stewart of New York, was chairman of the
convention, being the unanimous choice of the delegates.

It was gratifying to note the energetic manner in which the
infant chapters, Ohio State and West Virginia, participated in
the business of the convention, ample evidence that there is no
place for drones in our ranks.

Business of the afternoon and dinner over, a joyous crowd
started on the "first night in Chicago.'' Truly a wonderful sight
it was to see Brother John, of Dickinson, and Nettels, of Chicago,
lead that gay and festive throng to the Masonic Temple ''roof
garden," there to be entertained by the one-man circus, "Ezra"
Kendall, ably assisted by our whole company. By no means the
least important feature of the performance was the debut of
"Little" John, whose appearance on the stage brought exclama-
tions of "Oh, my, what a dear," from the ladies and "Heraus mit
cupid" from the gallery.

After leaving the roof garden and a brief visit to the tower,
several were shown through the chamber of horrors at "The
Empire." And although as James Whitcomb Riley says:

"In fact, to speak in earnest,
"I believe it adds a charm
"To spice the good a trifle
"With a little dust of harm."

Yet on this pleasure excursion, the harm was so near the good
the morals of no member of the company suffered permanent in-
jury.

This slight diversion proved an excellent preparation for the
work of the morrow. The transaction of the real business of the
convention began on the second day. Then it was that one of
the most satisfying acts of the convention was adopted, namely,
the granting of a charter to the petitioning body of the New York
Law School. The committees appointed the previous afternoon

DELTA CHI QUARTERLY. 15

organized and assumed their respective duties and the work of
the convention was well started.

The morning session completed the work for the second day
and luncheon was served at Vogelsang's as a preparation for the
most pleasurable feature of the convention. This was a tally-ho
ride scheduled for the afternoon, making a tour of the north shore,
including Lake Shore Drive, Lincoln Park and Sheridan Road,
as far as the Edgwater Golf Club. A large tally-ho accommodated
about thirty of us. Such an exuberant throng perhaps never
before left the Grand Pacific Hotel. Every one was ready for a
good time and helped others to get it. As we rolled along the
Lake Shore Drive, tears were noticed in ^'Charlie" Moore's eyes.
The cause for this could not be ascertained until ''Rufe" Shirley
ventured the suggestion that ''Charlie's" pride in New York's
Riverside Drive had for the first time been shattered.

When opposite the Public Library Building on Michigan ave-
nue, a stop was made and the accompanying picture was taken.

It was the original plan to continue the drive to Evanston to
visit the Northwestern University. But so much time was spent
in replenishing the commissary department and in greeting
maidens in the park with a cheery " Why, how do you do?" that it
was too late to cover more than half the distance. The return
was made by a different route, to the Bismarck Garden, where
supper was served and the evening spent. The tally-ho was then
dismissed and the journey to the city continued on the elevated.
On the train which carried us homeward. Delta Chi had a special
car. This afforded opportunity for a general "rough house," as
one imfortunate and lone traveler will long have occasion to re-
member.

' Leaving the car in the neighborhood of the Grand Pacific the
crowd formed in line for a foot race, a prize being offered to the
first arrival at the hotel. It is needless to say that in this con-
test Brother John outstripped all rivals, by cutting the corners
sharply and finally ordering a hansom cab.

Friday, the last day of the convention, began by picking up
the threads of business where they were dropped the day before.
It was a busy day. Officers were elected and the place chosen for
holding the next convention. The invitation of the New York
Chapters to meet with them was unanimously accepted. Plans
for establishing a fraternity publication were formulated. Prior
to the election of officers a short recess was taken for the purpose
of having a group photograph made. This session completed

16 DELTA CHI QUARTERLY.

the formal work of the convention, and a motion to adjourn to
meet in New York at such a time as the entertaining chapters
should designate, was adopted.

Last but not least was the banquet held in the Grand Pacific
on Friday night. Here all the enthusiam of the past three days
was exhibited in sounding the praise of the Chicago and North-
western Chapters. No words are adequate to express to these
two chapters the appreciation of their generous hospitality, and
with this feeling of having been royally entertained and the spirit
of DeltaChi greatly strengthened, the Chicago Convention closed
with the watch cry, "On to New York."

Jamm O'Malley, Cornkll, '01

DELTA CHI QUARTERLY. 17

THE FRATERNITY'S OFFICERS.

Mr. James O'Malley, "AA," Cornell, '02, of whom the accom-
panying portrait is a speaking likeness, was born in the year 1875.
At the age of 22 he entered Cornell University, and four years later
received his degree of A. B., and in 1902, became a LL. B. His
active membership in the Fraternity extended over his entire
five years course at the University, and he is regarded by his con-
temporaries as one of the strongest and most popular men at
Cornell during recent years. Brother O'Malley achieved dis-
tinction by winning the '86 Memorial Public Speaking Contest,
the Stewart L. Woodford Oratorical Prize and the '94 Memorial
Prize in debate. He was President of the Senior Class, Editor
of the Cornell Daily Sun, and a member of the Honorary Society
of Sphinx Head. During his last year at Ithaca, he was Chairman
of the New Chapter House Committee, having for its object the
construction of a permanent home for Delta Chi on the Cornell
campus.

During all the years of Brother O'Malley's membership in the
Fraternity, he has been actively engaged in fostering its interests,
and the high position which he now occupies in its management
and control, is richly deserved. He is at present engaged in the
practice of the law at Buffalo, N. Y., being junior member of the
firm of O'Malley, Smith & O'Malley. His brother, Hon. Edward
R. O'Malley, of the same firm^ was one of the founders of the
Fraternity.

Charles Diebold, Jr., "BB," Buffalo, '97, is a native of that
city, and with the exception of two years spent in the State of
Nebraska, has lived there all his life. His early education was
obtained in the public and high schools. In 1890 he entered the
employ of the City of Buffalo as assistant clerk to the Board of
Health, and continued in that service for nearly ten years. En-
tered the Law Department of the University of Buffalo in 1895,
and received his degree of LL. B. two years later. He was Presi-
dent of the Senior Class, and took first prize for scholarship.

The Buffalo Chapter of Delta Chi was organized during Brother
Diebold's senior year in college, and he was active in procuring
its charter and was its first " B. " He has always taken a leading
part in fraternity matters, and occupies a conspicuous place in the
history of this chapter.

18 DELTA CHI QUARTERLY.

—

In February, 1900, Brother Diebold entered the law firm of
Fisher, Coatsworth & Wende, two members of which are Delta
Chi men.

Mr. Charles Harris Moore, "CC," New York University, '00,
was born in Chittenago, Madison County, New York, October 15,
1878. His early years were spent in the City of Brooklyn, where
he received his education in the public schools, entering the New
York University in 1897, and graduating with the class of 1900.
He was initiated into the mysteries of Delta Chi in 1889, and
during the two years following was an oflScer of the New York
University Chapter. He represented his chapter as delegate to
the Seventh Annual Convention, held at Buffalo in 1901, at which
he was elected to the honorable office of " CC, " and was re-elected
at the Eighth Annual Convention held at Chicago in July of
1902. Was admitted to the bar of New York in 1901 .

Brother Moore is at present Secretary and Treasurer of the
Marston Securities Company, No. 27 William Street, New York
City.

Mr. Edward C. Nettels, "DD," Chicago, '00, born May 12,
1870, at Moingona, Boone County, Iowa. He was a boy of seven
when his father died, and received but a meager education in the
public schools of his native village, being compelled at the age
of 15 to leave home and seek employment in order to assist his
mother and family in the struggle for existence. In 1885 he
entered the oflSce of a law firm at Burlington, Iowa, and there
took up the study of stenography, and in 1887 began service with
the Atchison, Topeka & Santa Fe Railway Company at Topeka,
Kansas. In 1891 he was employed as secretary and confidential
clerk to Hon. Geo. R. Peck, General Solicitor of the Santa Fe
System, who, in 1892, removed to Chicago, taking Brother Nettels
with him. In 1895, Mr. Peck became General Counsel of the
Chicago, Milwaukee & St. Paul Railway Company, and Brother
Nettels again accompanied him to the new field of labor. En-
tered Chicago College of Law in 1897, and was a graduate of the
class of 1900. In May, 1902, he severed his connection with the
Law Department of the St. Paul Company to accept a position
in the General Freight Department of that Company, where he is
now employed.

' DELTA CHI QUARTERLY, 19

Brother Nettels' service to Delta Chi, his untiring interest
in its advancement and his successful management of its finances
during the past three years serve as a noteworthy example of
what a man can do for the fraternity after his collegiate course
is completed.

Mr. A. Frank John, ''EE," Dickinson, '00, has resided at Mt.
Carmel, Pa., since his birth, August 4, 1877. He was graduated
from Mt. Carmel high school in May, 1896, and the following year
pursued a special elective course at Williamsport, Dickinson
Seminary. Was admitted to the Dickinson School of Law at
Carlisle, Pa., in the fall of 1897, completed the three years course*
and received his degree in June, 1900. In the same month he
was admitted to the Cumberland County bar, in May 1901 to
the Supreme Court of Pennsylvania, and in August, 1901, to the
Northumberland County bar. While at Dickinson Brother John
was awarded the senior prize for the best thesis on the '^Widow's
Exemption in Pennsylvania." He became a member of Delta
Chi in 1898, and was a delegate to the Sixth Annual Convention
at New York, in April, 1900. Was elected *'EE" at Seventh
Annual Convention at Buffalo in 1901, and re-elected at Chicago
Convention in 1902. He has been one of the must enthusiastic
and conspicuous members in attendance at recent gatherings
of Delta Chi.

At present he is practicing law at Mt. Carmel, Pa.

22 DELTA CHI QUARTERLY.

interest at legal rates and if his neglect is gross, his commissions
may be forfeited. Should securities be accepted in lieu of cash,
the committee is deemed to have made the investment himself
and will be charged accordingly. But when the trust has been ad-
ministered with fidelity and with the care and caution that would
characterize a prudent business man in the management of his
own affairs, if loss occurs it should not be visited upon the com-
mittee. Realty may be converted into personalty and the
reverse, without regard to contingent interests of heirs or next
of kin, provided the comfort of the lunatic be subserved, and
personal property may, in the discretion of the court be applied
to the improvement of unproductive real estate. Taxes and as-
sessments must be paid by the commtitee, and direction from the
court is not necessary to allow him to do so. Certiorari may be
maintained to review the proceedings of tax boards and assessors
if the committee is the party aggrieved.

Contracts made by incompetents are not infrequently the
subject of litigation. As a formal adjudication of incompetency
by its very essence declares the lunatic incapable of contractual
powers, it follows that any deed, contract or agreement made
after office found, is absolutely void, and it cannot be ratified by
the committee. Where it appears that the contract was made
before office found the question is merely whether it was fairly
made and without advantage being taken of the lunatic. If so
found it will be sustained. It has already been seen that the
committee may maintain certiorari to review erroneous assess-
ments. The committee may also maintain and defend any action,
in his own name as committee, which the lunatic might before ad-
judication of incompetency. The committee may, it follows,
sue on a note or other negotiable instrument and may also sue
to compel the payment of a legacy or distributive share. An
additional bond need not be given before suit is brought, as the
penalty of the committee's bond is originally fixed in contempla-
tion of such right of action accruing. Leave of court to bring
suit is unnecessary where the committee is the plaintiff, but it is
contempt to sue the committee without leave first had and ob-
tained.

The helpless condition of lunatics and the greed of their relatives
has resulted in many decisions, fixing and determining the duty
of the committee toward the heirs and next of kin. Decisions
have been uniform, following in America the rulings of the
Court of Chancery in England. Ordronaux thus states the rule :

DELTA CHI QUARTERLY. 23

"The first care of the Court is the maintenance of the lunatic,
"and after that it is a rule never departed from, not to vary or
"change the property of the lunatic so as to afifect an alteration
" in the succession. "

In the Parse Merchants' Case, 3 Daly, 529, the Court said :

"No probable expense should deter. the Court from directing
" to be done whatever appeared to be most advantageous to the
" lunatic, without regard to the next of kin. "

The committee owes no duty to the heirs or next of kin except
as above stated. The governing principle in the management
of the estate is the lunatic's interest, not that of those who have
the right of succession. At a special term, the Supreme Court in
New York County recently made an order directing the committee
of a lunatic of very large estate to pay over a certain portion of
the surplus income to the next of kin at stated intervals. This
decision does not conflict with the rule, it appearing to the satis-
faction of the Court that the incompetent would have made a
similar provision for her relatives had she been sane. The estate
in this case was so large that less than one-third of the income
was used, and the application was made without opposition from
the committee.

Debts of the incompetent are to be paid and his maintenance
provided for in the first instance from the personal estate, but the
entire estate may be expended. For these purposes the income
must be applied before resorting to the corpus of the estate. The
committee should by direction of the court advertise for claims
against his incompetent's estate.

Upon assuming the duties of his office the committee must file
an inventory, and he should submit a supplemental report when-
ever additional property is discovered. Some states provide for
a yearly accounting and the appointment of referees to examine
the condition of the trust. Final accountings occur upon the
death, resignation or removal of the committee, or the death of the
ward, and involve the examination of the accounts by a referee
and judicial settlement by the court. A deceased committee's
administrator accounts for his intestate. Upon the death of the
ward the committee's powers cease and the courts have jurisdic-
tion only to pass upon his accounts.

Counsel may be employed whenever legal services are necessary
or whenever it is desirable to apply to the court for directions
respecting the investment or disposal of the ward's property.
The reasonable charges thus incurred may be allowed as a neces-

24 DELTA CHI QUARTERLY.

sa^'y and proper disbursement. This is especially so if the estate
is large, and where the ward has been benefited by an attorney's
services the court will order the committee to pay for them.
Clerical hire will also be allowed when necessary.

The committee is bound to maintain the lunatic as far as his
means will allow and to place him in such a position that he can-
not injure himself or others. The extent to which the committee
may go in providing for the comfort, care and domestic establish-
ment of the ward was carefully considered in the Matter of Reed,
18 Misc. (N. Y.), 285. The court said :

" It is the paramount duty of the committee of a lunatic to
attend to her personal wants and comforts and to furnish her,
so far as the funds in his hands will allow, not only with the
necessaries of life, but all the proper recreation and amusements
"consistent with her former habits of living. * * * The
''care, health and comfort of the lunatic alone are to be considered.
"The maintenance of a lunatic is by no means limited to the
" amount of her income, but her whole estate may be expended
in her support, should that become necessary. A committee
may arrange for the maintenance of the domestic establishment
of a lunatic to the same extent as before the beginning of lunacy."

There is no question that the committee is authorized to pro-
vide for the keeping up of the lunatic's family establishment,
with the same number of domestics as had been customary pre-
vious to the lunacy and to expend for that purpose annually, an
amount not exceeding that which had been annually expended
before his faculties became impaired. The court will act as the
lunatic would, were he of sound mind. What constitutes a suit-
able place of confinement is a question not to be exclusively de-
cided by the legal characteristics of the committee . Undoubtedly
the court may control the conduct of the committee in this re-
spect, but imtil its power is invoked or exercised, the act of the
committee will be deemed the act of the court.

Compensation of the committee of the estate is properly fixed
on the annual accountings, the amount being generally the same
as is paid to executors, administrators and guardians. In cases
of more than ordinary unpleasantness or difficulty, an extra al-
lowance will be made and so, where the compensation would be
inadequate. The committee of the person receives an amount
fixed by the coiu-t, upon proper application, and paid by the
committee of the estate, and he may be allowed for personal
services. When the committee of the person and of the estate

DELTA CHI QUARTERLY. ' 26

is united in one person, as is customary, compensation is due only
in the first capacity. An allowance for expenses is always proper.

Death of the ward or exhaustion of the estate terminates the
trust, and the committee may be removed for cause or allowed to
resign. Vacancies caused by resignation or removal will be filled
by the court, but a committee will not be allowed to resign merely
because the duties are unpleasant.

In proceedings de lunatico, the equity side of the Coiu*t is in-
voked, and in conscience, whatever is for the best interest of the
incompetent and his estate, will be done. The practitioner will
find his chief difficulty in simultaneously conserving conflicting
interests of the lunatic in person, of his estate, and of possible
creditors. A tendency to favor the incompetent is generally
shown. Technical perfection in original and mesne proceedings
is insisted upon; haste or carelessness in this respect almost in-
variably invite successful direct attack. Fortunately, the ju-
diciarj^realizes the importance of its functions in this class of cases ;
and the imfortunate condition of the insane making personal pro-
tection of his rights impossible, calls for and receives the most
tender and considerate action of the Court.

26 DELTA CHI QUARTERLY.

THE HOME OF THE NORTHWESTERN UNIVERSITY

LAW SCHOOL

The School of Law of Northwestern University was founded
in 1859, by the Honorable Thomas Hoyne, who, at that time,
contributed $5,000 for the purpose of establishing a law depart-
ment in the old University of Chicago. This institution was the
fourth of its kind to be established west of the Alleghanies. Its
work has been continuous since 1859, but in the development and
history of the old University of Chicago and of Northwestern
University, the law school has occupied a rather curious place.
The present Northwestern Law School was originally known as
the University of Chicago Law School and was so called until the
year 1873 when, for reasons of expediency, it came under the
joint control of the two Universities mentioned, and its name
was changed to the Union College of Law, by which it was known
imtil the year 1891. In 1886, the old University of Chicago
ceased to have active existence, and the Union College of Law
came entirely under the management and control of the North-
western University of which it was formally constituted a depart-
ment in the year 1891, its name again being changed to that of the
Northwestern University Law School.

Throughout the forty-four years of its existence, the school has
been prominent in the west and especially in the City of Chicago.
Many of the most noted men of legal history in Illinois have been
associated from time to time, with its board of trustees and facul-
ty, and more than one-fourth of the members of the Chicago Bar
received their legal traininghere. The standing of its graduates
in the community may be well illustrated by the fact that when,
in 1902, the Republican party of Cook County nominated seven
candidates for the bench, four were graduates of the Union College
of Law.

In 1892, when the case system of teaching law was being rec-
ognized as probably the most advanced, steps were taken to im-
prove the methods of the law school and bring them into harmony
with these ideas. From that time, it can fairly be said that North-
western University Law School has taken the lead in the enforce-
ment of modem legal education. In the enlargement of its cur-
riculum, the extension of the required period of study to three
years and the introduction of case study, the school has been a
pioneer and a leader in the West.

NOBTHWESTEKN UxiVKJlSlTV lU-ILDINI

Lake and Dkaruorn Stkekth.
Tub Homk op the Profeijsionai. Dkpaii

S-*

^ ..%\

■»\

'",-^

DELTA CHI QUARTERLY, 27

Northwestern University in 1902, took a great stride forward
by purchasing the old Tremont House, located at Lake and Dear-
born streets, and fitting it for the use of its professional depart-
ments. The new quarters were expected to be greatly superior
to those formerly occupied, but no one with the possible exception
of the Dean, Mr. John H. Wigmore, anticipated the marvelous
improvement. Shortly after the purchase of the Tremont
House Mr. Wigmore, with the consent of the trustees, personally
solicited the sum of ten thousand dollars to be expended solely for
furnishings, and it is entirely due to his untiring work that the
law department occupies the entire third floor of the building —
one of the most handsome and best fitted suites that can be found
in the country.

The school's quarters are entered from the landing on the
third floor in the northwest angle of the building. All the wood
trimmings are of oak, in weather stain; the wall coloring in all
the corridors is yellow; in the Assembly Room, red; in Booth Hall,
buff; and in the Library, Hurd Hall, Hoyne Hall, and the remain-
ing rooms, green.

Opposite the entrance comes first the general office. Portraits
of the Presidents of the Board of Trustees of the old Union Col-
lege of Law, and of the members of the Law Committee of the
present Trustees of Northwestern University, are on the wall
and suggest the continuity of the school's existence under its
forty-four years of successive administrations. So, also, in the
Dean's office, on the left, portraits of the former Deans of the
school, beginning with Hon. Henry Booth, bring down the tradi-
tion from 1859. Similarly, in the faculty room (to the right of the
general office, beyond the secretary's office), a collection of the
portraits of all the past and present members of the Faculty pre-
serves the memory of those who have taken part in the work of
the school, and includes many who have been distinguished in
the local and national life of the profession. This collection is
still incomplete, in regard to many of the older generation; but
it is hoped that the missing likenesses may soon be secured. Over
the fire place is appropriately affixed the handsome seal of the
University, in colored plastic relief, done by Mr. F. Parsons, of
Boston. The heavy settles, council-tables, and book-cases are
designed to give an effect of scholarly dignity; and the room will
be an appropriate one for the city meetings of other University
governing bodies besides the Faculty of Law. Entering the north
corridor, a bronze bust of Lincoln appears, placed against the west

28 DELTA CHI QUARTERLY.

wall. It is cast after the model by Bissell, owner of the death
mask. Facing east from the Lincoln bust, one sees, in two lines
on either side of the corridor, a series of plaster busts, represent-
ing the lawyer-orators of various ages and countries — Demosthe-
nes, Cicero, Burke, Choate, Clay, Webster and Douglas.

On the right of the north corridor is the court room, fitted in the
usual manner with judge's desk, clerk's desk, witness-box, jury-
box, attorneys' table, and bar. This room is known ^ Hoyne
Hall, after Hon. Thomas Hoyne, who founded the school. Over the
desk is a crayon portrait of the founder, presented by his son,
Thomas M. Hoyne, Esq., an alumnus of the school. In this room
the Practice Court holds its sessions; and accordingly the walls
have been hung with a collection of portraits representing the
personages of particular interest to the future practitioners at
the local bar. These include the judges of trial and Federal courts
in Illinois, past and present, and distinguished members of the
bar of former generations. This collection is a unique possession
and would have been impossible to create, but for the generous
courtesy of Hon. James B. Bradwell, formerly judge of the Cook
County Court. The owner of an unrivaled collection of photo-
graphs of lawyers and judges, accumulated during forty years
at the Illinois bar, he has had these reproductions especially
made from his plates for presentation to the school. The col-
lection of portraits of the judges of the Supreme Court of Illinois,
in the library, is also a part of the same gift.

On the north side of the north corridor are three rooms
destined for the use of the Legal Aid Bureau (a chari-
table work soon to be undertaken by the school); at
present they are used for the storage and sale of books.
Beyond them is the Alumni Room, an apartment intended
to serve the convenience and attract the interest of visiting
alumni. It is exclusively at their disposal, and is fitted
with lockers, lavatory, book-cases, and tables, so as to
afford them all the facilities of an office while in Chicago for the
transaction of business. The walls are to be hung with portraits
of the past and present officers of the Alumni Association, of
alumni holding public office, and of class groups; but this collection
is as yet incipient only, and much remains to be done by the alumni
to make it fairly complete. Beyond this room is the Law Club
Room, for meetings of the fraternities, sessions of the club, moot-
courts and the like.

Last on the east is the assembly room, a long and spacious

FACUi.TY ROOM,
Northwestern University Law School,

f^f

i,iim,\RY,

rKUN Univeisity 1,\w Sci

\ ^^

DELTA CHI QUARTERLY. 29

apartment, comfortably fitted for rest, reading and conversation.
This apartment is intended as the social headquarters of the school,
a common meeting ground for professors and students. For a
city school, remote from the surroundings of a college campus,
such a center of social life is indispensable. Dedicated to the
spirit of scholarly fellowship, it will conduce to that friendly con-
verse and intimate understanding which cultivate college loyalty
and form some of the most pleasurable memories and useful
associations of after professional life. The furnishings have all
been adopted to emphasize the fraternal and professional tra-
dition and spirit. Over the fireplace is another copy of the Uni-
versity seal, in colored plastic relief. Highbacked settles, at the
east end of the room, framing the fireplace, form an inglenook.
A small library of legal biographies and annals, celebrated trials^
and works of general reference, is placed here; and a list of maga-
zines and newspapers is maintained by students' subscriptions.
Affixed to the south wall in the inglenook, is an oak shield, bear-
ing in bronze letters the traditional motto of the school yell : "Ex
delicto Ex contractu; This is Law." The walls bear also a varied
collection of pictures, including a number of interesting cartoon
caricatures in color of celebrated English judges, views of the
English Inns of Court and of the courts of justice in England
and various foreign countries, views of the homes of Marshall
and of Webster, and pictures of other places and persons having
an interest to the profession. The assembly room is to be known
as Lowden Hall, after Frank 0. Lowden, Esq., President of the
Alumni Association.

One of the most prominent features of the assembly room, is
a tall black oak grandfather's clock against the north wall, which
was presented to the law school by the Northwestern Chapter
of Delta Chi and which bears a brass plate indicating this fact.

The east corridor, leading south from the assembly room, is
fitted with two hundred full-length lockers. On the right is a
lecture-room, known as Hurd Hall, after Harvey B. Hurd, LL. D.,
who died in April last, after forty-three years of service. His
portrait hangs on the west wall ; and around the room are hung
the group-portraits of the judges of the various state Supreme
Courts. At the end of the east corridor is the main lecture room,
known as Booth Hall, after Hon. Henry Booth, first dean of the
school, who served from 1859 until 1892. Behind the lecture rost-
rum is a series of wall panels, concealing a long blackboard, the
central ones sliding to uncover the board for use. In front of the

30 DELTA CHI QUARTERLY.

end panels, on brackets, are busts of Socrates, on the left, and
of Blackstone on the right — the former, as the great master of
dialectics and argument, typifying one chief method of class in-
struction, and the latter, as the classical model of dogmatic expo-
sition, typifying the other chief method of instruction by lectures.
Around the walls of Booth Hall are disposed a series of portraits
(chiefly engravings and etchings) of the most eminent judges in
English and American legal history — Mansfield, Eldon,Marshall,
Story, Kent, and others.

Leaving Booth Hall by the west door, a short corridor, opening
on each side into study rooms for students' clubs, leads into the
library, which extends around the south and west sides of the
buildings. The bookcases are here arranged to form alcoves; in
each alcove is a reading table fitted with a double set of electric
light standards. At one end of the west aisle, opposite the marble
clock, is another copy of the University seal, affixed to the wall
and dominating the room. On brackets at the abutments of the
alcoves, facing into the aisle, are placed busts of Brougham,
Bacon, Marshall,Hamilton and Shaw, typifying the legal scholars
and jurists of our history. Thus far no other likenesses to com-
plete this series have been obtainable ; but those of Hale, Bentham,
Kent, and a few others, ought certainly to be added, and it is
hoped that in time they will be. This series forms a fitting com-
plement to that of the lawyer-orators in the north corridor. On
the walls of each alcove above the bookcases, is continued the
collection of portraits of eminent lawyers and judges.

The faculty of the law school is, in every way, up to the high
standard which has always been maintained by the school. Three
of the faculty are members of the Delta Chi fraternity — Brothers
Frederick C. Woodward, Cornell ; Henry Clay Hall, Northwestern
and Robert Clowry Chapman, Michigan.

The school is expected to grow considerably in the near future
on accoimt of the superior facilities which it has acquired by mov-
ing into the new quarters, and it is safe to say that for many years
to come it will rank, as it has for nearly half a century, as one of
the leading schools in the middle west.

:*^

DELTA CHI QUARTERLY. 31

THE INSTALLATION OF NEW YORK LAW

CHAPTER,

By Edward C. Nettels, Chicago, '00.

When, at the Chicago Convention, in July of last year, the
vote was cast which declared that the prayer of the petitioners for
a chapter of Delta Chi in the New York Law School had been
heard and favorably answered, it was the sincere hope of the
writer that he might, long ere this, contribute to The Quarterly,
a short article concerning the ceremonies attending the installa-
tion of our baby chapter. The vicissitudes of life and of an
uncharitable world, however, made such a desire imposisble of
accomplishment, and now at this late date, I feel many doubts
and misgivings, fearing that what I shall say may be considered
by some as " ancient history. "

But to the brothers who were deprived of the pleasure of
being present on the auspicious occasion which ushered into
existence this new offspring — still less than six months of age —
these pages are dedicated.

At eight o'clock the evening of September the twentieth, in the
year of Our Lord, nineteen hundred and tVo, at the Marlborough
Hotel in the City of New York, there could have been found an
assembly of young men, in full dress costume, wearing the purple,
the carcUnal and the buff. They had met at this particular time
and place from all parts of the country, with a well-planned and
definite object in view. The hustle and bustle attending the
gathering, the many knowing signs and gestures, the open chal-
lenges and hearty repartee, all portended to show, to use a Western
phrase — that " there was something doing."

The laughter of good-fellowship could often be heard above the
noise and turmoil of the crowded thoroughfares, and many a
stroller, enjoying the balmy autumn evening, dropped into the
lobby of the hotel to satisfy his curiosity and learn the cause of
so much merriment. Upon inquiry, the genial clerk at the desk
would inform him that a '*crowd of splendid fellows had chartered
the use of the hotel for the purpose of conferring upon a dozen or
more unsuspecting college men, a degree which would bind them
to each other in bonds that couJd never be severed." And truly,
such was the object of the meeting. The cardinal principle of
Delta Chi, imprinted in the heart of every member is that he

32 DELTA CHI QAURTERLY.

considers himself happiest when he can share his happiness with
others. And so, the spirit of good-will, and the love and affection
of brother for brother dominated in this as it has in every meeting
of the Fraternity since its organization.

In the absence of Brother O'Malley, who was suffering from a
most critical attack of typhoid fever, and of Brother Diebold,
Brother Charles Harris Moore, acted as presiding officer, assisted
by Brother John of Dickinson, Brothers Carroll and Goodale of
New York University Chapter, and myself. Prior to the in-
stallation of the New York Law Chapter, Hon. William F. Walsh,
A. B. LL. M., Professor of Real Property, New York University,
was admitted to honorary membership in New York University
Chapter, and witnessed the further ceremonies with great interest
and enjoyment.

The candidates were prepared for the ordeal through which they
were to pass, in the Outer Temple, their robes and other unneces-
sary clothing being removed. They were then ushered into the
Inner Temple in the order and manner shown in the accompany-
ing cut; Brother James E. Downing in the lead, bearing the
standard, closely followed by Brothers Edward T. Casebolt, Allan
M. Chalmers, Le Roy T. Harkness, Spaulding Frazer, Charles
Mclntyre, Charles F. Murphy, Clifford G. Pearce, Hamilton C.
Rickaby, Nelson B. Hatch, Le Roy W. Ross, Herbert G. William-
son and Reginald G. White.

It would be exceedingly interesting to follow each man through
his mysterious journey, but as these pages may come under the
eyes of those to whom such a revelation might create fear and
trembling, that portion of my article must remain unwritten and
be left to the imagination.

All preliminary duties having been performed, and the name,
"New York Law," engrossed upon the Chapter Roll of Delta
Chi, the committee on refreshments and programme announced
a banquet as the next order of business. The room and table
were profusely decorated with flowers, garlands and the colors of
the Fraternity, in such harmony and artistic taste as to cause
one to feel they had always been so. The menu, consisting of
twenty-one varieties of choice viands, could not have been more
carefully chosen, and it is needless to say that those partaking of
it, imlike Oliver Twist, had no longings for more.

After coffee, and when the noise of friendly jests and " jollying"
had ceased, the Toastmaster, Brother Charles Frederick Murphy
arose, and in a most eloquent and convincing address, expressed

<• • - - ■

DELTA CHI QUARTERLY, 33

for the new chapter, the great satisfaction which it felt in welcoming
the installing officers and visiting brothers to its initial dinner.
He spoke with much enthusiasm concerning the hopes and as-
pirations of New York Law Chapter, and prophesied for it a most
happy and successful career.

Without commenting upon the addresses of each successive
speaker, we reproduce below the list of toasts and those respond-
ing:

TOASTS

TOASTMASTER Charles Fredbrick Murphy

New York Law School. '03
I am DO orator as Brutus Is,
But, as you know me all, a plain blunt man.

—Julius Caesar, Hi, 2.

THE DELTA CHI QUARTERLY Edward Carleton Nettels, D.D.

Chicago, *00
Literature Is an avenue to glory.— D* Israeli.

NEW YORK UNIVERSITY David Bankb

Here Is a man— but *t Is before bis face;
I win be silent.— 2Vo<lt(« and CresHda, ii, 3.

LOOKING UP A. Frank John, E.E.

Dickinson, '00
Though they do appear as huge as high Olympus.

—Julius Caesar, iv, 3,

THE BAR WiLUAM Stileb Bexnbt

Albany. '08
The law: It has honored us; may we honor it.

-Daniel Webster, May tO, 1847

THE CONDITION OF DELTA CHI IN NEW YORK

Charles Harris Moore, C.C.
New York University, '00

Words do well when he that speaks them

pleases those that hear.— ^f Tou Like it. Hi, 5.

THE BOND OF DELTA CHI Wilber Curtis Goodalb

New York UniTersity, *0I
Now one good health

To our grand patron, called Gk)od -fellowship.

Whose livery all our people hereabout

Are clad in.— Dekker and Ford, 8un*8 Darling, iv.

THE BABY James Edward Downing

New York Law School, *08
An' John P.
Robinson he
Sex this is his view o' the thing to a T.

—LounU^ BigeUyw Papers, i, 3,

34 DELTA CHI QUARTERLY.

When Brother Downing had finished his remarks which strongly
reinforced those of the Toastmaster respecting the new chapter,
delegates from many sister chapters responded to requests for a
" five minute talk, " and in the early hours of the morning " Dear
Comrades" and "Auld Lang Syne" were sung, and the events
of another happy gathering had become a part of the glorious
history of Delta Chi.

DELTA CHI QUARTERLY. 36

CHICAGO ALUMNI CHAPTER

By Edward B. Witwer, Northwestern '97.

Although a historical sketch of any organization is quite apt
to be an uninteresting recountal of dates and dry details, es-
pecially if the writer be required to curb his imagination and
confine himself strictly to facts; yet, a brief sketch of the Chicago
Alumni Association of the Delta Chi Fraternity, however prosaic
it might seem to the uninitiated, may, to the Delta Chi readers of
the new fraternity magazine, prove not a little interesting and in-
structive, inasmuch as the Chicago organization is, in fact, the
first alumni association established in the Fraternity, and also
because its successful maintenance during the past three years
may serve as an example and present a type of that form of
fraternity activity and usefulness which, it is submitted, is
boimd sooner or later to become an indispensable adjunct to the
national organization.

The establishment of the Chicago alumni association was to a
great extent the result of informal dinners given by the Chicago
imdergraduate chapter and its alumni for the express purpose of
facilitating the "rushing" of candidates. These modest dinner
fimctions grew in popularity and soon were quite generally at-
tended by the more enthusiastic alumni of the Northwestern and
other chapters who resided in or near Chicago. At one of these
meetings, held at the Union restaurant, January 18, 1900, definite
steps to organize a permanent alumni association were taken by
the election of Marvin E. Barnhart, Michigan '93, as temporary
chairman, and the appointment of a committee, consisting of W.
Wallace Kerr, Michigan '96, Ray M. Ashcraft, Northwestern '98,
and John Lyle Vette, Chicago '98, to draft and submit a suitable
constitution and by-laws. At a subsequent dinner, in the same
place, February 8, 1900, at which meeting twenty-two alumni
were present, a formal organization of the "Delta Chi Alumni
Association of Chicago" was consummated, with the following
list of officers :

President^ M. E. Barnhart, Michigan '93.
Vice-Pres,, S. N. Reeve, Chicago '97.
Sec'y-Treas., E. B. Witwer, Northwestern '97.
Sergeant-at-ArmSf D. W. Fishbll, Michigan '98.

36 DELTA CHI QUARTERLY.

These officers, together with W. Wallace Kerr, Michigan '96,
Ray M. Ashcraft, Northwestern '98, and Thos. H. Stevenson,
Chicago '97, constituted the first Board of Directors.

Beginning with the first dinner of the alumni association,
March 22, 1900, monthly meetings have been held more or less
regularly ever since, excepting of course the summer months. To
speak exactly, up to date, twenty-one meetings of this character
have been held, with an average attendance of twenty-six, and
all of them have been occasions of good fellowship and fraternal
reunion, and well calculated to be sources of inspiration and help-
fulness to the local Northwestern and Chicago chapters.

The second year of the existence of the alumni association began
with the election of the following corps of officers, held February
28, 1901:

President, R. K. S. Catherwood, Northwestern '99.
Vice-Pres,, H. M. Vanzwoll, Chicago '00.
Sec'y-Treas., E. B. Witwer, Northwestern '97.
Sergeant-at-Arms, S. N. Reeve, Chicago '97.
Board of Diredorsy M. E. Barnhart, Michigan '93; D. F. Mat-
CHETT, Cornell '94, and Oscar Linderholm, Michigan '00.

An important innovation in the social activity of the alumni
association was the giving of formal dancing parties, the first of
which was held March 9, 1901, at the Academy of Prof. A. E.
Bournique. To State Senator C. Porter Johnson more than to
any other single alumnus is due the credit of inaugurating this
social departure. The success of the first party was so unmis-
takable that the "Annual Dance" is now an established social
event of the Chicago Delta Chi. The "Second" and "Thbd"
annual parties were held at the Hotel Metropole, April 4, 1902,
and January 16, 1903, respectively, and both functions were, in
all respects, notable social successes.

The activities of the Chicago Alumni Association have not been
entirely inclusive, however. As opportunity has offered, its
energies have been directed to the development of policies look-
ing to the ultimate welfare and advancement of the interests of
the general fraternity. As early as the fall of 1901, the feasibility
of providing, by constitutional amendment, for the institution of
alumni chapters, received its attention ; and in December of that
year a" Memorial,'' addressed to the governing body of the Frater-
nity, was duly transmitted by the Alumni Association, submitting
for its consideration the proposition whether the interests and

DELTA CHI QUARTERLY. 37

welfare of the Fraternity might not be materially fostered and ad-
vanced by the establishment of alumni chapters, wherever
practicable, with privileges and duties, under certain limitations,
similar to those possessed by active chapters. Although na
formal action on said memorial was taken the Eighth Annual
Convention of the Fraternity,heldinChicago,July 9-11,1902, pro-^
vided, by necessary constitutional amendment, for the estab-
lishment of such chapters; and, furthermore, as one of its last
oflRcial acts before adjournment, granted the petition of the
Chicago Alumni Association asking for a charter as an alumni
chapter.

The Alumni Association recalls with more than ordinary
pleasure and satisfaction the presence in Chicago last July of
the annual Delta Chi convention. This occasion afforded the
members an opportunity to co-operate with the two local active
chapters in the entertainment of the distinguished officers and
members of the fraternity and the delegates of the various
chapters, and to claim a more intimate acquaintance with the per-
sonnel of the leaders in Delta Chi and to share with them a closer
insight into policies and work that should advance at no uncer-
tain pace the fame and prosperity of the general Fraternity in
the future.

The Alumni Association is now entering on the fourth year of
its activity, its present officers being:

President^ Emil C. Wetten, Michigan '95.
Vice-President, F. J. R. Mitchell, Northwestern '99.
Secretary y E. B. Witwer, Northwestern '97.
Treasurer, George I. Haight, Northwestern '02.
Sergeant-at-Arms, H. L. Chapman, Michigan '99.
Directors, W. J. Kirk, Chicago '01; A. A. McKinley, Chicaga
'00; and Chas. E. Hartley, Chicago '96.

While the Chicago Alumni Association can refer with much
pride to an eventful if short past, and can face the future with
some measure of confidence, it should be said that its present
healthy and promising condition is due in no small part to the
helpful co-operation and enthusiastic presence, at many of its
business and social activities, of the members of the local chapters^
without a recognition of which indebtedness this article would be
incomplete. The relations and welfare of active and alumni
members of the Fraternity have been and should ever be reciprocal
and inter-dependent, especially so in Chicago; and due credit is

38 DELTA CHI QUARTERLY.

herewith accorded to the Chicago and Northwestern chapters for
the part they have taken in starting influences which have en-
couraged and developed aformal organization of the alumni, now
become the new and first alunmi chapter of the Delta Chi
Fraternity.

DELTA CHI QUARTERLY. 39

THE NINTH ANNUAL CONVENTION,

The Ninth Annual Convention of the Fraternity will be held
in the City of New York April 16, 17 and 18, next, with head-
quarters at the Fifth Avenue Hotel. Elaborate arrangements
have been perfected by the Convention Committee, of which
Edwin M. LaRoche, N. Y. U., is Chairman, Charles H. Moore,
N.Y.U., Treasurer, and Charles F. Murphy, N. Y. L., Secretary.

It is to be hoped that each Chapter will be represented by one
or more delegates, who need no assurance of a most hearty
welcome, and three days convivial hospitality

For the benefit of those who have not received a copy of the
programme sent out by the Convention Committee, we reprint
the same below:

PROGRAMME.

THURSDAY, APRIL 16th.

10.00 A. M. — Opening Session of Convention, in Parlor D-R.

12.00 to 12.30 P. M. — Luncheon served to Delegates.

12.30 to 2.30 P. M. — Second Session of Convention in Parlor D-R.

2.46 P. M. — Coaching Party starts at the Fifth Avenue Hotel. Thence

up Fifth Avenue, viewing en route the homes of New York's " 400, "

to Central Park.

Through Central Park past the Metropolitan Museum of Art, Clec^

patra's Needle, and vanous points of interest.

Through lOOth Street to Riverside Drive. Down Riverside Drive

and thence across the city to the east side for
6.30 P. M. — Dinner at New York's famous Bohemian Resort, the Caf6

Boulevard.

After dinner, visiting brothers will be free to go and do as they please.

It is suggested that a trip through New York's slums, together with

a visit to the Hebrew and Chinese Theatres, might not oe without

interest.

FRIDAY, APRIL 17th.

10.00 A. M. — ^Third Session of Convention in Parlor D-R.

12.00 to 12.30 P. M. — Luncheon served to Delegates.

12.30 to 3.00 P. M.— Fourth Session of Convention in Parlor D-R.

3.00 to 6.00 P. M. — Delegates desiring to visit the down-town and bu^ness

sections of the city will assemble in the lobby, where parties will be

organized.
7.45 P. M. — ^Theatre party, join Committee in the lobby, from whence

party will proceed to Wallack's, Broadwav and 30th Street, to hear

George Ade's production, '* Sultan of Sulu.

SATURDAY, APRIL 18th.

10.00 A. M. — Fifth Session of Convention in Parlor D-R.

12.00 to 12.30 P. M. — Luncheon served to Delegates.

12.30 to 4.00 P. M. — Closing Session of Convention in Parlor D-R.

7.00 P. M.— Convention Banquet at the Fifth Avenue Hotel. '2

40 DELTA CHI QUARTERLY.

PETITION OF THE INNER TEMPLE OF THE
UNIVERSITY OF CHICAGO.

At the coining Convention in New York City there will be
presented for consideration of the delegates a petition from the
Inner Temple of the University of Chicago, praying admission as
a Chapter of Delta Chi. If this application is granted, it will
mean three Chapters in the City of Chicago, but any one familiar
with the conditions which exist there, knows that the two Chapters
already established are amply qualified to maintain successfully
their independent existence, while we are assured that the Uni-
versity of Chicago, located as it is eight miles from the center of
the city presents a field entirely distinct from that occupied by
the existing Chapters, and in fact we are led to believe that very
little attention need be given this phase of the situation in determ-
ining the advisability of granting a charter.

A brief resume of the facts outlined in the petition may not be
out of place.

The establishment of the Law Department of the University
of Chicago was a natural and necessary step in the development of
the work of that institution. The trustees and Faculty made a
careful and systematic study of the problem, and announcement
of the opening of the'Law School was made about a year ago.

It was decided to require for admission the completion of three
years of college work and to confer the Bachelor Degree upon the
completion of the first year of the Law School work, while the
second and third year being graduate work, it seemed proper to
grant to those who complete the curriculum the degree of Doctor
of Law. Of course, in this respect the new University of Chicago
Law School takes a great stride in advance of similar institutions
in the west, which,without exception, require for admission only
the completion of a high school course, and places itself on a
standard with Harvard and Columbia.

The Law School is temporarily housed on the second and third
floors of the Press Building, which was finished in the summer of
1902, and is one of the best and most modern buildings of the
University. Plans have been accepted for the new Law Building,
which will probably be ready for occupancy in 1904, and from a
description of the proposed building, it will equal or surpass any-
thing of its kind in the country.

.<' V

■\-

DELTA CHI QUARTERLY. 41

The Faculty of the new Law Department includes many men of
note: Joseph Henry Beale, Jr., A. M., LL. B., is Dean, and was
for a number of years Professor of Law at Harvard. Other
members of the faculty are: Ernst Freund, J. U. D. and Ph.
D., Horace Kent Tenney, A. B., LL. B., Blewett Lee, A. B.,
LL. B., formerly Professor in the Northwestern University Law
School; Julian William Mack, LL. B., formerly Professor in the
Northwestern University Law School; Clark Butler Whittier,
A. B., LL. B., formerly Associate Professor at Leland Stan-
ford University; Honorable Henry V. Freeman, A. M., Presiding
Justice of the Branch Appellate Court, First District of Illinois;
Hon. George R. Peck, A. M., LL.D., General Counsel of the Chicago,
Milwaukee and St. Paul Railway; James Parker Hall, A. B.,
LL. B., formerly Lecturer in the Buffalo Law School and later
in the Leland Stanford University; Charles Edward Kreraer,
formerly Lecturer at the Chicago College of Law; Frank F. Reed,
formerly Lecturer at the University of Michigan and Chicago Col-
lege of Law; Samuel Wilson, A. M., LL. B., besides other men of
equally high standing.

The petition is signed by twelve students of the Law School,
whose names and achievements are given below:

Orville Elbridge Atwood, Jr., Ottawa College; A. B.
University of Chicago. Captain OttawaCollege Foot Ball Team,
'99; Class President; President Athletic Association; Business
Manager, The Ottawa Campus. The University of Chicago Foot
Ball Team; Junior College Council; Senior College Council; Presi-
dent Sophomore Class; Junior Prom Committee; Senior Prom
Committee; Cap and Gown Board; Delta Tau.

Frank Joslyn Baum, Lewis Institute, '98 ; Michigan Military
Academy; Cornell University, Sibley College of Mechanical Engi-
neering; Boardman Hall Law School, fall '02.

Joseph Walter Bingham, A. B. University of Chicago;
Editor Weekly Board; Cap and Gown Board; Banjo Club;
Banjo Sextette; Treasurer of Oratorical Association; Senior
College Council; Captain University Tennis Team; Secretary
Western Intercollegiate Tennis Association. Phi Gamma Delta.

John Robert Cochran, University of Wisconsin Law School,
'04 ; Columbia Debating Society ; John Marshall Law Club ; Holder
of Law School Scholarship, Universitv of Chicago, '02-'03

42 DELTA CHI QUARTERLY.

Frederick Dickinson, Lombard College. President Ero-
sophian Literary Society ; Swan Prize in Oratory ; Manager Base
Ball Team; Managing Editor, The Cannibal, Jubilee Year Book.

Sidney Jennings Dillon, Lewis Institute, '98 ; Track Team ;
Forum Debating Society; Glee Club.

George Philip Hambrecht, University of Wisconsin, '96;
Athenian Debating Team; Junior Oratorical Contest; Secretary
of University Co-operative Association; Holder of Law School
Scholarship, University of Chicago ; Chairman of the Law School
Council. Theta Delta Chi.

Ota Patty Lightfoot, University of Fort Worth; Athenian
Debating Society; Basket Ball Team.

Charles Ralston McMillen, Oberlin College; Foot Ball
Base Ball, Basket Ball and Track Teams, University of Chicago
'03, Law, '05; Manager Glee and Mandolin Clubs; Track Team.
Alpha Delta Phi.

John Carlyle Moore, A. B. University of Toronto; Arte
Relay Team; Second Foot Ball Team; Class Foot Ball Team;
Class Hockey Team; University of Chicago Track Team. Delta
Kappa Epsilon.

Henry Williams Stiness, Brown University ; Base Ball Team ;
Gymnasium Ball Committee; Delegate to Intercollegiate Con-
vention ; Treasurer Junior Prom Committee ; Junior Week Com-
mittee; Brown Yacht Club; Chairman Brown Committee; Man-
ager Law School Base Ball Team. Delta Kappa Epsilon.

Maurice Walbrunn, A. B. University Missouri ; Junior Prom
Committee ; Phoenix Club. Theta Nu Epsilon.

Boston University.

Following the recommendations of the Committee on New
Chapters, of the Seventh Annual Convention, held in Buffalo, the
Fraternity officers communicated with officers of the Epsilon Pi,
a local Fraternity in Boston University, making inquiry regard-
ing their progress in petitioning for the establishment of a Chap-
ter of Delta Chi. Upon receipt of reply it was found that the
University did not present at that time a proper field for a Chap-
ter, and no further action was taken.

DELTA CHI QUARTERLY. 43

Nebbaska College of Law.

On March 9th, 1902, the "C" of Minnesota Chapter, pesented
a letter from a student of the Nebraska College of Law, located
at Lincoln, Neb., making inquiry cbncerning the requirements,
mode of procedure, etc., for securing a charter. Investigation
was made through members of the Fraternity living in Omaha,
and it developed that the law course of the College covered but
two years, which precluded the possibility of establishing a
Chapter, under present conditions.

Colorado University.

On March 15th, 1902, the "C" of Michigan Chapter forwarded
a communication received from a brother Delta Chi living in
Denver, in which he stated the Colorado University afforded an
excellent opportunity for a Chapter, and in a later communication
gave the names of the men who contemplated petitioning, and
submitted an outline of their social and class standing. From
the tone of his letters and the fact that no further correspond-
ence has been received on the subject, it is inferred that objection
was found to the burden of expense attending the installation,
which would necessarily be large on occoimt of the distance
installing officers would be compelled to travel.

Detroit College of Law.

A petition was presented by eighteen students of the Detroit
College of Law in December last, making formal applica-
tion for a charter. In compliance with the constitutional
provision, the petition was passed upon by the Fraternity officers,
a majority of whom favored the establishment of a chapter in
the Detroit College ; the active chapters, however, were not agreed
upon the advisabilty of expansion in that direction, and as a
result the petition did not receive a sufficient niunber of affirma-
tive votes, and the application was, therefore, denied.

44 DELTA CHI QUARTERLY.

University of Pennsylvania.

There has been considerable agitation for the past two or three
years concerning the establishment of a chapter at the Univeristy
of Pennsylvania. Correspondence has passed from time to time
between students of the University and the **CC" indicating a
desire on the part of the former to secure a charter, and with this
object in view, the field was recently visited by a committee rep-
resenting the Fraternity. From the standpoint of its number
of students, nearly four hundred, the University afifords a splendid
opportunity for expansion. It has a magnificent law college, and
its building is reported to be one of the finest in the countr)' de-
voted to such a purpose. No affirmative action has been taken
looking toward the establishment of a chapter, but it is believed
in the near future arrangements will be consummated which
will result in a petition being persented.

Yale University.

During March of the present year, a petition was presented by
students of the Yale Law School, comprising the "Inner Tem-
ple Society.'' In view of the fact that this petition was filed only
a short time prior to the date of the Ninth Annual C!onvention to
be held in New York, April 16-18, it was deemed advisable by
the authorities to defer action until that time, when the question
will be brought up for final decision by the delegates in attend-
ance. There is little doubt that the result of this application
will be the establishment of a chapter at Yale University within
a short time.

Inquiries have also been received from students at Harvard,
Columbia and the Universities of Illinois, Wisconsin and Virginia,
but thus far no definite arrangements for the establishment of
chapters therein, have been consummated.

DELTA CHI QUARTERLY. 45

CHAPTER CORRESPONDENCE.

Cornell.

Probably the most notable event of the year was the opening
of our new chapter house at No. 503 East Buffalo street, a three-
story brick building formerly owned by the Alpha Delta Phi
Fraternity, accommodating nineteen or twenty men. During
the summer extensive repairs were made throughout, and
the house now compares very favorably with those of the other
fraternities in Ithaca.

The year opened most auspiciously for us, seventeen men
having returned, and we have since initiated William Duke, '05,
J. W. BufSngton, '06, H. P. Henry, '05, President of last year's
Freshman class, A. R. Cornwall, '05, H. E. Richardson, '05,
President of the Sophomore Class, Henry Jack, '06, and Daniel
Reed, '98, Captain of the Foot Ball Team of that year, and head
coach of the squad during last season.

Floyd L. Carlisle, '03, is President of the Senior Class and leader
of the debate team which met Pennsylvania in December. Ralph
Hoskot, '05, was elected to the Masque, the undergraduate theat-
rical organization. J. W. Knapp, '03, was honored by appoint-
ment as a member of the Senior Society of Sphinx Head, and is
the third man from our ranks to join that society during the year.

Among the highly valued relics which hang in our Chapter
House, is the stern and coxwain's seat of the Henley shell, Fred-
erick Colson, '97, of our Chapter, was coxwain of that year's
crew, which was the only Cornell Crew that ever competed at
Henley. The souvenir is specially prized on that account.

New York University.

During the year we have opened jointly with the New York
Law Chapter, a chapter house at No. 70 Washington Square.
We have a library containing a complete set of the New York
Reports, together with other reference books, and the house is
well equipped in all respects.

Our present chapter roll numbers fifteen, and among the late

46 DELTA CHI QUARTERLY.

initiants are Brothers J. M. Bowland, R. A. Patterson, G. J. Cor-
bett, Harry A. Austin, H. F. Quackinbos, M. D., all of '04, E. J.
Wilson, '03, and A. B. Widdecomb. At the installation of the
New York Law Chapter, held in September last, we took occasion
to initiate Hon. William F. Walsh, Professor of Real Property,
N. Y. U.

Regular monthly smokers have been held, which have been
well attended by both active and alumni members, and prepara-
tions are now in progress for the entertainment of the visiting
delegates to the Convention. We sincerely hope a large num-
ber will be in attendance, and a standing invitation is extended
to all members of Delta Chi who may be in New York at any time,
to visit us in our quarters.

Minnesota.

Minnesota Chapter at present is enjoying more material pros-
perity than it has at any time during the past five years, our
chapter roll numbering fifteen men with several pledged.

Among the social activities of the year have been informal
dinners, held during December and February, at which a number
of distinguished guests were present respresenting the honorary
and alumni members. On the latter occasion short addresses
were made by the judges of the Circuit Courts of Ramsey and
Hennepin Counties, both Delta Chi, by Brother Louis R. Frankel,
Past *'DD," who acted as toastmaster; Brother Stobbart, one of
the most popular and prominent of the younger members of the
bar of Minneapolis, and Brother E. C. Nettels '*DD," Chicago,
who was visiting us at the time.

Five members of our Chapter attended the championship foot
ball game between Michigan and Minnesota, and were entertained
royally at Delta Chi House in Ann Arbor. Brother Otto N.
Davies, '04, played on the team. Brother A. L. Myers was promi-
nent in the University Dramatic Club. Brother Harry Thomas
unanimously elected editor on the Junior Gopher Board.

Michigan.

Upon our return in the fall, we found our Chapter House com-
pletely and elegantly refurnished, the work having been done

DELTA CHI QUARTERLY.

under the direction of Brother Haigh, who was empowered last
June to make the necessary repairs and decorations during the
summer. We started the year with twenty active members inclu-
ding Brother Deignan of the West Virginia Chapter who affiliated
with us. Our membership has since been increased by the initia-
tion of William Rawle Weeks, '05, Q. M., U. S. Revenue Service,
Howard B. Salot, '05, Thomas R. Waters, '05, Paul Jones, '04,
full back on 'o2 'Varsity Foot-Ball Team, Joseph Wesley Ady,
Jr., '05, Charles B. Carter '05, Delta Phi, Brown University, Right
guard on '02 'Varsity Foot-Ball Team, Jura Cabot Fullerton,
'05, Senior Society-Michigamma, Max Brown, '05, Orville D.
Holm, '05, Richard B. Blake, '05, Beta Theta Pi, Chicago Univer-
sity, Oliver S. Andersen, '05, A. B., Wisconsin University, George
W. Gregory, '04, Center '02, 'Varsity Foot Ball Team, James
Athol Rowlins, and Joseph F. Maguire.

Brother Dow, '03, was elected to succeed Brother Potter as
Treasurer of the Athletic Association. This is considered the
most important office in the Association, and the election was the
result of a lively political skirmish.

Brothers Weeks, Carter, Jones and Gregory have achieved
fame on the grid-iron, the former was a Captain and quarter-
back of the 'Varsity team, and was regarded as one of the best
men in his position in the country. Brothers Cooley and Weeks,
the latter a brother of Captain Weeks, were on the Reserves, and
young Weeks is considered a likely candidate for the 'Varsity
team next year.

We were also represented on the Glee Club, and had the Presi-
dency of the Michigan University Republican Club, Treasurer
of the Democratic Club, Treasurer of the Southern Club, Chair-
man of Social Committees of '04, Law Class, and a member of the
'Varsity Interscholastic Committee.

On October 9th, the Chapter gave a large house party, which
was attended by practically all of our members, and on October
14th, Psi Upsilon, Delta Kappa Epsilon and Theta Delta Chi
joined us in a social session.

Thanksgiving Day, the Chapter gave a six o'clock dinner in
honor of Brothers Weeks, Carter Jones and W. Weeks, and as
guests there were present among others. Brothers Howard Thorn-
ton, one of our charter members, WilUam Day, '00, the famous
"Bill" of former college days, Delino Thompson, 'Tommy," '02,
and Luther Beckwith, '95. The dinner was followed by open house
and a big Dutch lunch at 11 p. m. Several members of Minne-

48 DELTA CHI QUARTERLY.

sota Chapter, who were at Ann Arbor to attend the foot-ball
game, were also our guests.

We have taken steps to establish a library, each member con-
tributing a set of books or subscription to law magazines, etc.
Mr. Callaghan of Callaghan & Co., Chicago, presented the Chapter
with Von Hoist's Constitutional History.

We subscribed $100.00 to the Athletic Association.

It is our earnest desire to secure a permanent Chapter House,
and all suggestions or plans in furtherance of this end will be
gratefully received by the Chapter. Communications should
be addressed to Brothers H. V. Blakeley, H. R. FuUerton or W.
T. Hanlon, Delta Chi House, Ann Arbor, Michigan.

Dickinson.

Our Chapter has prospered this year, and we are in splendid
condition, both financially and socially. We were represented in
June last among the winners of prizes given in the final examina-
tions, Brother Wilson carryingoff the honors for "Real Property"
and Brother Dively for ** Torts. " The school year closed with the
annual banquet which was attended by many of the alumni, and
was the occasion of the initiation to honorary membership of Hon.
A. V. Dively of Altoona, Pa., who was afterwards elected Honorary
Orator at the Chicago Convention.

Eleven men returned in the fall, and during October, Brother
Geo. Lloyd, Beta Theta Pi, and a member of the Comos Club,
Brother A. B. Vera from New York Law School, and Brother
Foster Heller, Phi Kappa Sigma, and member of the Comus
Club, all of the Class of '04, were initated. The following month
A. J. White Hutton, a member of the faculty, and an Alpha Tau
Omega, was initiated as an honoray member.

Regular monthly dinners have been held, at which we have
been honored by the presence of members of the faculty. Brother
Adamson of West Virginia, '02, State Senator Calpie and Repre-
sentative Holcomb, Dickinson, '01. Dep't Attorney, General
Fleitz, and other state officials were guests at a recent banquet,
as were also two good men of the class of '06, who have since
become members of our Chapter.

The society event of the year, a charity supper given by the
young ladies of Carlisle, was attended by our chapter in a body

DELTA CHI QUARTERLY. 49

and as an evidence of the appreciation of our efforts to assist in
making it a success financially and otherwise, we received a testi-
monial and vote of thanks.

Delta Chi men were prominent at the Comus Club German in
January. The President of the Club is Brother Hillyer, '04, and
the majority of its members are taken from our Chapter.

Brother Fleitz, '04, President of the Athletic Association has
made his administration one of the best the college has known.
We will be represented on this year's base ball team by
Brothers Dively, '03 and Spencer, '04.

Brother Walsh is Editor in Chief of The Forum, published
monthly by the students of the School of Law.

The College Glee and Mandolin Clubs, of which Bros. Hillyer and
Benjamin, '04 are members, started on their annual tour March
25th.

While we are not doing any rushing at present, we are watching
the new men develop, and iwice during the past month have en-
tertained candidates at very enjoyable smokers.

NOBTHWESTERN.

Since reuniting in the fall, we have enrolled the following new
members: Clayton J. Barber, '04, Alton F. Johnson, '04, Beta
Theta Pi, Fred L. McKinney, '05, Beta Theta Pi, Carl F. Putnam,
'05, Sigma Alpha Epsilon; Roger L. Dennis, '05, Delta Tau Delta;
Edward Murphy, '03, Charles H. Spencer, '04, F. H. Scheiner,
'05, Phi Delta Theta; Hal L. Brink, '05, Max Murdock, '05,
Our chapter is in better condition financially and otherwise,
than it has been at any time since its installation.

The fact that the Law School, as well as the other professional
departments of Northwestern University now occupy commodious
and well-equipped quarters in the business section of the city,
has greatly enhanced our prospects for developing a live and
growing chapter.

Three of the faculty. Professors Woodward, formerly of Dickin-
son, Hall of Northwestern, and Chapman, Michigan, '94, are
members of Delta Chi, and take a very active part in the work of
the chapter.

For the last three or four years the chapter has been extremely
prosperous and has more than held its own against the other

50 DELTA CHI QUARTERLY.

three organizations in the school. At the present time the
chapter numbers fifteen men, which is about as large as a chapter
can safely run in a school situated in a large city where there is
little opportunity for the men to meet socially outside of the
class room.

Chicago.

During the last week of August and the first in September the
members of the Chicago Chapter began to return from their sum-
mer vacations and to gather again in the ''old familiar places"
and drink a cup of "tea" for "Auld Lang Syne." They came
from far and near to resume once more the "Strenuous Life" —
"Joe" Peacock from that famous pleasure resort of the Rockies —
Colorado Springs, *'the limited*' brought W. S. Johnson back
from Niagara Falls, "Teddy" Robinson came forth from his
long rustication in his "Country Home" in Norwood Park looking
as "fit as a fiddle," "Whit" Foster returned from an extended
tour through Colorado and The Yellowstone Park, while other
Belt's came from the various Wisconsin Lakes and Resorts nearer
home and a few of the less fortunate ones issued forth from the
offices, stores and banks of busy Chicago. It was not long before
the boys began to pick up the threads of their common interests
again and weave them into the warf and woof of the tapestry
of friendship and good fellowship.

At the opening of the school year the Chicago Chapter nxmibered
ten, having lost five of its last year's members. These men are,
however, still living in Chicago and often attend our meetings
and other functions. Several rushing dinners and smokers were
held early in September, and on the 22nd of that month Rolland
J. Hamilton, '04, A. B., Monmouth College and Chas. Francis
Rathbun, '04, were initiated.

Many members of the Chapter attended the regular monthly
dinners of the Chicago Alumni Association given during the
fijpst part of the year at "Mamma Galli's" Italian Cafe on the
North Side. Brother Holmquist of Michigan passed through
Chicago and was a guest at one of our dinners. Andrew S. Clark,
a member of last year's Chapter visited Ann Arbor where he was
entertained most cordially at the Delta Chi House, and is loud
in his praise of the Michigan Chapter.

DELTA CHI QUARTERLY. 51

On October the 13th we initiated Chas. Vincent McErlean
and Arthur William Cupler, '04. A number of members of North-
western were present. Chicago and Northwestern Chapters
are very closely allied, and frequently assist each other in initia-
tion ceremonies.

Brother McErlean was elected president of the class of '04 for
the first semester, and he together with Brothers Hamilton, Cup-
ler and Rathbun have taken an active and very successful part
in the Debating Club, and others of the Chapter have met with
signal success in "The Practice Court" at College, winning most^
if not all, the cases with which they have been connected.

The Third Annual Dance given by the Alumni Association at
Hotel Metropole, Jan. 16th was well attended and proved one of
the most delightful functions ever undertaken by Delta Chi.

Jan. 22nd Walter Stowell Rogers, '05, Ph. D., University
of Chicago, and Harry Louis Bird, '04, Lake Forest University,
were initiated. On Friday, Feb. 27, the Alunmi Association
held its regular dinner at the Hamilton Club, and as usual we were
well represented."

At a class meeting held about the first of March Brothers Ham-
ilton and Rathbun were elected president and secretary respect-
ively of the class of 1904.

Subsequently Brother Mcintosh, '03, after a bitter fight, was
elected president of the graduating class. On March 24th, two
new men were added to our Chapter, the initiation ceremonies
at the Wellington, immediately following the regular rnonthly
dinner of the Alumni Association, held at the Hamilton Club.

Buffalo.

Buffalo Chapter commenced the present school year in a very
prosperous condition, with eight active members. The Chap-
ter's quarters consist of two large rooms in the Cuneen Building,
located in the business district of the city. For several years
past we have rented a Chapter House, but as the conditions ex-
isting here are not conducive to the maintenance of such an estab-
lishment, it has been found more practical to have a central meet-
ing place, and our experience this year has been that members
are much more regular in attendance at all fraternity gatherings,
initiations, etc.

52 DELTA CHI QUARTERLY.

In the early part of the year we initiated two men from the
senior class, and since then we have added seven of the most de-
sirable men in the junior class, making our Chapter roll at this
time seventeen members.

Brother Hurrell was awarded the Scholarship Prize of One
Hundred Dollars in June last, and so far members of the Chapter
lead the class for similar honors this year.

Delta Chi is well represented in all University enterprise, in-
cluding the foot-ball team, mandolin and glee club and the ''Iris,''
the annual publication of the College.

The Seventh Annual Banquet of the Chapter was held at the
Niagara Hotel, Tuesday February 17th, 1903, about forty-five
being present. The initiation to honorary membership of Hon.
Edward E. Coatsworth, present District Attorney of Erie
Comity, was a noteworthy feature of the occasion, and the
Chapter feels proud to welcome him into its membership.

Following is the toast list:

Toastmaster — Adelbert Moot.

Delta Chi Mr. James O'Malley.

Facing the Stream Mr. T. Edward Redmond.

The Ethics of the Bar Mr. James L. Quackenbus.

The Alumni Mr. Clinton T. Norton.

The Chicago Convention Mr. S. Fay Carr.

The Law Student Mr. Chas. Fenno.

The Buffalo Law School has received an impetus this year in
the presence of Dr. Tiedeman, Dean. Having so able a man at
its head has resulted in creating a new interest, which will greatly
benefit our Chapter.

OsGOODE Hall.

The Osgoode Hall Chapter of Delta Chi is still handicapped
by the absence of a chapter house. This difficulty is the greater
by reason of the fact that there is no permanent residence in
connection with the Osgoode Hall Law School. There is at the
present time a strong agitation on foot in the Chapter which is
concurred in by the Graduate Members of the Fraternity for pro-
curing the necessary funds by subscription for the establish-
ment of a permanent home, and it is hoped that during the Fall
of the current year a Chapter House may become a reality.

DELTA CHI QUARTERLY. 53

The Fraternity still maintains, as it has for many years past,
a strong controlling interest in sports throughout the various
organizations of the City of Toronto as well as those directly
connected with Osgoode Hall. The Ontario Hockey Association,
which is looked upon as the finest sporting organization in On-
tario,comprising a membership of seventy-five clubs, has been prac-
tically controlled by Delta Chi for three years past. The Fra-
ternity's strength in this single Association can only be appreciated
by the American Chapters of the Fraternity by the knowledge
that hockey in Ontario is an all absorbing winter sport and is
probably a better patronized and more popular game in Canada
than base-ball, football, lacrosse, or any one other sport indulged
in by Canadians.

During the school year the following men have been initiated :

R. A. Carmen, Osgoode Hall, Toronto, officer in Third Canadian
Contingent to South Africa. Mr. Carmen volunteered for ser-
vice during his course at Osgoode Hall, received a commission and
served in the late South African War, returning to Osgoode
Hall at the close of the war and is now completing his course.

C. V. Lindsay, Globe Building, Melinda street, Toronto.

Arthur J. Thomson, General Trust Building, Toronto, scholar-
ship at Osgoode Hall Law School, 1902. Mr. Thomson before
entering Osgoode Hall was an undergraduate at Harvard.

Chester E. T. Fitzgerald, McKinnon Building, Toronto. Mr.
Fitzgerald is a son of his Honor Judge Fitzgerald of Welland
County.

John J. Harpell, Osgoode Hall. Graduate of Queen's Uni-
versity and Business Manager and Editor of Queen's University
Quarterly.

The following matters of interest have been noted in the
Chapter Records relating to Graduate Members of the Fra-
ternity:

His Honor Judge McCrimmon appointed Commissioner for the
Province of Ontario to investigate charges of corruption in con-
nection with Provincial plebiscite on prohibition and special
Judge for the trial of offences charged thereimder.

Frank Ford had conferred upon him by Trinity University the
degree of B. C. L. (Bachelor of Civil Law), taking first place
in class honors at final examination for that degree and
receiving special recommendation from the board of examiners
and a medal therefor. Mr. Ford has also recently been
elected to the Board of Executive Convocation at Trinity

54 DELTA CHI QUARTERLY.

University. Since last report he has been appointed solicitor to
the Treasury of the Province of Ontario, and as such, among his
other duties, is in entire control of the Succession Duties of the
Province.

John A. Cooper. In addition to the oflBce of Editor in Chief of
the Canadian Magazine, Mr. Cooper has been elected Vice-presi-
dent of the Canadian Press Association. He has al'^'o recently
returned to his active militia duties as an officer in the Queen's
Oyn^ Rifles of Toronto.

Alexander H. Beaton, in November last, retired from the
Secretaryship of the Ontario Hockey Association, which position
he had occupied for five years past, receiving an honorarium of
$300.00 and a handsome personal gift in addition at the hands
of the Association as a testimonial to his worth, and was elected
First Vice-President of the Ontario Hockey Association. Re-
elected Secretary of the Queen's University Alumni Association.

Walter A. Sadler. Elected Secretary and Treasurer of the
Convocation Hall Fund of the University of Toronto.

Alexander McGregor. Elected President of the Intercollegiate
Debating Union of Toronto, embracing Osgoode Hall and the
various university debating societies of Toronto.

William H. Moore. Elected in March, 1903, a Director of the
Great Northern Railway Company.

Great interest is manifest in the coming convention to be
held in New York in April and it is our present expectation to
have a full delegation.

Syracuse.

The Syracuse Chapter has enjoyed prosperity this year, and
has added a number of promising and enthusiastic members to its
roll, including James Francis Oniell, '04, A. B., Captain Williams
Track Team, '02, Captain Williams Foot Ball Team, '01, Gar-
goyle, Williams Senior Society, Captain All Syracuse Foot Ball
Team, '02; James Walter Heffernan, A. B., '04, Captain Williams
Base Ball Team, '02, Gargoyle, Williams Senior Society; Frank
Henry Oniell, '04, Captain Syracuse Foot Ball Team, '03; Charles
Sumner Sleeth, '04, Phi Delta Theta; Sylvanus D. Ward, '04;
Chester T. Backus, '04; Clark R. Jackson, '05; Seneca Alton Ralph,
'05; Phi Delta Omicron, Track Team, '02; Harry Eugene Merrit,

DELTA CHI QUARTERLY. 55

'04; Phi Kappa Psi, Assistant Manager Base Ball Team. We
also have the Presidency of the Classes of '03 and '04 of the Law
College, and are represented on the athletic and debating teams.
At the present writing, (March 1st), we have twenty-two active
members, and in all respects are maintaining the standards of
Delta Chi.

Among the season's fraternity events might be mentioned a
yachting trip up the Seneca river, including a smoker and spread
at one of the cottages; a number of informal entertainments for
"rushing" purposes and a party at the Syracuse Yacht and Boat
Club House, which was especially successful.

Brother Clifford Axtell, "D," represented the chapter at the
installation of the New York Law Chapter.

We have had the active co-operation of the alumni in the city,
which has been of great benefit in many respects.

Union.

At the opening of college in the fall, all men of the Class of '03
returned except Brother Sayles, who has gone into business.
However, we have gained Brother Chase, formerly a member of
the '02 class who returned to finish his senior year. The first
initiation occurred October 3rd, when the following were added:
Samuel Francis Moran, '03, Gamma Sigma; Herbert B. Thomas,
'04, Alpha Zeta, Edward C. Jamieson, '04; Marsh N. Taylor, '04,
Delta Upsilon; Francis D. Hunter, '04, Delta Omicron and Theta
Zeta; William Ward Norton, Delta Sigma; Charles W. Marshall,
'04, Delta Omicron.

On November 5th, we initiated as an honorary member, Hon.
Albert C. Tennant, ex-Surrogate of Otsego County, a member
of the faculty of the Albany Law School. The Hon. Emory
A. Chase, Justice of the Supreme Court of New York, and the
Hon. Martin B. Conway, ex-Surrogate of Albany County await
initiation as honorary members.

During February, David C. Salyerds, '04, and Miles R. Frisbie,
'04, pledged allegiance as active members.

Brother Francis D. Hunter, who was athletic director of the Y.
M. C. A., in charge of the Ridgefield Athletic Grounds, has left the
College to engage in business, as have also Brothers Samuel F.

56 DELTA CHI QUARTERLY.

Moran and Charles W. Marshall. Brother Holcomb, '02, wa^
awarded the faculty prize for the best Moot Court work at the
commencement exercises in June last.

Union Chapter is very glad to hear of the proposed Quarterly,
and promises its hearty support.

The Quiz Class which was organized for the mid-winter exami-
nations, proved very profitable and enjoyable, being well attended.

There has been much earnest discussion as to the advisability
of purchasing a Chapter House, as the present plan of renting is in
many respects unsatisfactory. The maintenance of a Chapter
House would call for the active co-operation and support of
the alunmi members living in Albany, and it is hoped that their
interest can be awakened to the project. It has been practically
decided, however, to remain in our present quarters for another
year, although the sentiment of the Chapter is strongly favorable
to securing a home of our own.

West Virginia.

Delta Chi in the West Virginia University began the school
year with seven men and early in the Fall several candidates were
pledged and initiated, including Brothers Albert J. Collett, Charles
J. Hyer, W. D. Meadows, Harry Sherr, L. D. Zinn and Horace
Withers. Following the initiation ceremonies on November 17th,
we held the first banquet of the season. During January we
initiated Ellison S. Fleming, of Yale, who has since been elected
president of the senior class. Our Chapter is represented among
the other class offices by Brother R. H. Boyd, vice-president,
Brother R. M. Brown, Treasurer, and Brother H. L. Duval,
class Poet. In fact, distinctions have been bestowed upon a num-
ber of our men. Brother Stout managed and Brother Brady
played center on the foot-ball team; Brother Duval is business
manager of the AntheruBum, the College Weekly, also of the Mon-
(mgaliaUj a literary magazine published quarterly. Brother
Dent is president and Brother Brown secretary and treasurer of
the Student's Publishing Association; while Brothers Wilcox,
Zinn, Fleming and Boyd are among the officers of the Moot Court.
Brother Collett holds the position of secretary to the president
of the University and Brother Zinn is law librarian. We have

DELTA CHI QUARTERLY. 57

held several banquets, which have been attended by both active
and alumni members, and the Chapter is in all respects in a flour-
ishing condition, despite the fact that it was only installed a year
ago.

Ohio State.

We started the year with an enrollment of nine members, and
have added a number of very desirable men including Brother
Fred Swan,'04 ; Delta Zeta Chi, Ohio State University ,'01 ; Brother
Herbert Kreighvaum, '03, Ohio Wesleyan '00; Brother Fred
Ruth, '04; Brother^Harry M. Rankin, '05; Brother J. E. Hertin-
ger, '05 ; Brother Ralph W. Day ; Brother Asa E. Ward and Brother
H. H. Aberer.

Two members of our Chapter represent the Hunter Literary
Society on 'The Lantern" the College weekly, another is president
of the University Debate and Oratorical League, and still an-
other is on the Social Committee of the Junior Class. We had
the pleasure of entertaining Brother Brady of West Virginia
during the foot-ball season, and several of our men were enter-
tained by Michigan Chapter after the game at Ann Arbor. A
number of banquets and smokers have been given during the
year, which have proven very enjoyable, and we have had the
co-operation of several charter members of the class of '02. On
the fourth of March the Chapter gave an informal dance and we
anticipate other social features before the end of the year. There
has been some talk of the purchase of a Chapter House near the
campus, put so far no definite decision has been reached.

New York Law.

The New York Law Chapter sends to all her sister Chapters a
most hearty greeting. After an existence of only a few months
our Chapter is in excellent condition with a promising outlook
for the future. On September 20th occurred our initiation into
Delta Chi, an event which will not soon be forgotten by those
who participated. At that time we were launched on our fraternal

68 DELTA CHI QUARTERLY.

journey with the best of good wishes from all the members of
Delta Chi who had come to New York for the purpose of seeing
the Chapter safely installed, and we sincerely hope that the good
will there expressed will remain with us always.

With an enrollment this year of 854 students, who are mainly
graduates of other Universities and Colleges, the New York Law
School maintains a high standard, and offers abundant material
for building up a chapter. We commenced the year with twelve
charter members, and have since initiated the following: Mr.
Charles P. Robinson, '03; Yale, '00; Clarence H. Fay '03, Cornell,
'01; Barber B. Connable, Jr., '03, Cornell, '01; Alfred M. Bailey,
'04, Wesleyan, '02; George W. Harper, '04, Wesleyan '02; Ed-
ward Dale Freeman, '04, Haverf ord '01 ; Edward H. Lockwood,
'04; William Bailey, '04, Yale, '00; Robert S. Conger, '04, and
Charles Row Haviland, '04.

Together with the Chapter of the New York University, we
occupy quarters at 68 and 70 West Washington Square, and de-
rive much pleasure from having our Chapter Hall in common.
We have come to look upon a Chapter House as a necessity, and
certainly the discipline and closer bonds of brotherhood which
are sure to result, justify the possible sacrifice in its maintenance.

The Chapter held a very interesting Moot Court on the even-
ing of February 26th at which Professor Holland of the Faculty
presided and Brother Charles H. Moore was a very welcome
guest at the smoker which followed. The Chapter dmes every
Saturday evening at the Old English Tavern, an arrangement
which is rapidly becoming an established custom. No record of
our Chapter would be complete without expressing our apprecia-
tion of the many favors received from members of the New
York University Chapter, both before and after our installation.
We wish to maJce due acknowledgment of all the courteaes ex-
tended us by them, and by Brothers Moore, Nettels and John,
who had charge of the installation.

DELTA CHI QUARTERLY. 59

EDITORIALS,

It is a source of sincere gratification to say that at this time,
Delta Chi enjoys the greatest prosperity, both financially and in
membership, known in its history. The reports submitted by the
chapters show that each has a full quoto of members, the best in
their respective colleges, and almost without exception that they
are free from debt. The truest index of the prosperity of any
institution is its ability to meet promptly all obligations, and it
is a matter of pride for Delta Chi to stand in that enviable posi-
tion.

During the past two years the fraternity has progressed very
rapidly. We have added to our roll three splendid chapters, and
petitions have been presented by three Universities, two of which
are now pending the action of the Ninth Annual Convention.
The policy of the fraternity has always been conservative, it being
the desire to maintain a high standard, rather than to branch out
by admitting any and all colleges or universities that might apply
for charters. Hence, our membership is not so large as that of
other fraternities, but it is composed of men of the highest char-
acter, ability and standing in the profession of the law.

Anything that is a success is bound to keep on the upward
march, and so long as the true spirit of fraternalism now mani-
fest among the members of all the chapters is kept alive, noth-
ing can take away the ever increasing power and strength of
Delta Chi.

Doubtless many of our readers have been surprised that the
first issue of the Quarterly has been so long delayed. Many ob-
stacles have combined to render it impossible to bring out the
publication at an earlier dat«, but it is hoped aQd confidently ex-
pected, now the enterprise is fully established, that future num-
bers will appear punctually.

The trals and perplexities of the editor have been materially
lessened by the assistance of several of our contributors, and we

771730

60 DELTA CHI QUARTERLY.

take this means of expressing our appreciation of their services,
in preparing the articles which appear in this number.

The volimie of work which confronts the editor of any new
periodical depends upon the readiness with which those, to whom
he appeals for contributions, respond.

They can make his task a veritable drudgery, or they can lighten
it, so that the pleasure of knowing that one's efforts are by no
means in vain, fully compensates for the labor performed.

The position of an editor who assimies his responsibilities
gratuitously is not imlike the attitude of the negro who remarked,
after having been ridden through town on a rail, that "he'd sooner
walk if it wasn't for the honor of the thing."

No principle for which a fraternity stands is quite so strong as
the feeling of brotherhood which is engendered in the hearts of
its members, and among the Greek letter societies, the ones which
have attained the more enviable reputations are those in which
this spirit is most manifest, not only during college life, but also
among the Alumni.

In a law fraternity what better indication can be found that
such a spirit of brotherhood exists, than is evidenced by a con-
tinuance in after years, of acquaintances and friendships formed
while an active member.

How many of us who are now practicing attorneys ever send
business to brother "Delts" in other cities? And yet is not such
an interchange of business one of the best possible proofs of our
fidelity?

If you are familiar with the universally high standing of our
men in scholarship, in integrity and in aggressiveness, you know
they are professionally qualified to represent you. Then why
not make it a point to use each other for our mutual advantage ?

The establishment of the "Attorney's Directory" is in further-
ance of this suggestion.

It is hoped that the advent of the Quarterly will result
in the publication of a complete catalogue of oiu* chapters and

DELTA cm QUARTERLY. 61

members during the coming year. In fact, a plan is now on foot
to locate by correspondence all of our Alumni, a task which can
be greatly facilitated, if each of our readers, especially those who
are among the earlier graduates, should send us the names and
addresses of ^all members of Delta Chi residing in their immediate
neighborhood.

One noticeable feature of this first issue is the limited nimiber
of advertisers. A substantial increase in the amount of space de-
voted to this purpose is essential to the Quarterly's financial suc-
cess. Now that we have something tangible to present, we ought
to have little difficulty in obtaining "ads" from all Law Schools,
Law Book Publishers and Manufacturers of Fraternity Pins,
Stationers, etc. Here is another field in which members of the
fraternity can be of material assistance.

The title "Jim the Penman" certainly never applied to our
Honorable James O'Malley, "AA." If there are any errors in
his autobiography, they are attributable to his atrocious pen-
manship.

The title of Brother Brown's article is rather startling to a
stranger to New York statutes. We wish to assure our readers
that there is no personal application intended.

It was oiur original purpose to reproduce a likeness of our
genial "DD," but at the last moment the portrait was suppressed.
. For fmrther particulars address the editor.

By the way, the printer inquired whether the "DD" after
Nettels' name stood for Doctor of Divinity. Evidently he does
not know him as we do.

62 DELTA CHI QUARTERLY.

IRRELEVANT AND IMMATERIAL

In the early days of Minnesota a man named Johnson was
elected justice of the peace in a little town. He pretended to no
judicial attainments, and was elevated to the place solely because
he was the oldest man in the community.

The first case which came before him was that of a man charged
with stealing a calf. Justice Johnson was conscious of his legal
inexperience, so as much as possible to avoid the scrutiny of the
public he put down the hearing for the next morning at seven
o'clock. This was so early that when the time arrived the prose-
cuting attorney was not on hand, and his Honor faced only the
sheriff and the prisoner and his lawyer.

"Gentlemen, you will please come to order," said the court,
thimiping on the table with his fist.

The lawyer arose and said :

"Your Honor, I represent the prisoner in the case.'FThis is the
hour at which the court was announced to open, and as the prose-
cuting attorney is not present, as he ought to be, I desire
to make a motion that the prisoner be discharged."

The judge fidgeted about a moment and then said:

" Gentlemen, it is moved that the prisoner be discharged."

The lawyer nudged his client vigorously with his elbow.

" I second the motion," blurted out the prisoner.

" Gentlemen, you have heard the motion," said the court. " As
many of you as are in favor of it signify by saying ' aye.' "

"Aye," called the lawyer and prisoner.

"Contrary-minded, 'no.'"

"No," shouted the sheriff.

"The 'ayes' have it. The prisoner is discharged. A motion
to adjourn is in order."

The lawyer responded with the motion, the prisoner with the
second, and Justice Johnson's first term of court was'a thing of the
past.

A New Hampshire judge has in his possession the following letter
sent to him by an old farmer, who had been notified that he had
been drawn as a juror for a certain term of court.

" Deer Judge : I got your letter tellin ' me to come to manchester
an' do duty on the joory an' i rite you these fue lines to let you
know that you'll have to git some one else fur it ain't so that I Idn

DELTA cm QUARTERLY. 63

leave home now. I got to do some butcherin' an' sort over a lot
of apples just about the time the joory will be settin' in your court.
Si Jackman of this town says that he would as soon as not go,
fer he ain't nothin' else to do jess now so you better send fer him.
I hate the worst way not to oblige you, but it ain't so I kin at
present. Ennyhow, I ain't much on the law, never having been a
joorjrman 'ceptin' when old Bud Stiles got killed by the cars here
some years ago when I was one that set on the body with the
koroner. So you better send for Si Jackman, fer he has got some
kin in manchester he wants to visit ennyhow, an' he'd be willin'
to go for his car fare there an' back."

A lawyer, arguing a case on which Lincoln was retained, tried
to convince the jury that precedent was superior to law, custom
making things legal. Lincoln's part, as related in Tarbell's life
of the President, is thus described: Lincoln told the jury that
he would argue the case in the same way as his opponent, and
began: "Old Squire Bagley, from Menard, came into my office
one day and said : ' Lincoln, I want your advice as a lawyer. Has
a man what's been elected justice of the peace a right to issue a
marriage license?" I told him not, whereupon the old squire
threw himself back in his chair very indignantly and said : ' Lin-
coln, I thought you was a lawyer. Now, Bob Thomas and me
had a bet on this thing, and agreed to let you decide ; but, if this
is your opinion I don't want it, for I know a thunderin' sight
better. I've been squire eight years, and have done it all the
time.'"

"What is your name?" asked the lawyer of an ancient colored
witness. "George Washington, sah." "George Washington,"
repeated the lawyer. "It seems to me that I have heard that
name before." "'Speck yer has, sah; I's been libin' about heah
a good many yurs."

CJourt (to Prosecutor) : "Then you recognize this handkerchief
as the one which was stolen?" "Yes, your Honor." "And yet
it isn't the only handkerchief of the sort in the world. See, this
one I have in my pocket is exactly like it." " Very likely, your
Honor; there were two stolen."

"What is your name?" inquired the judge. "Peter Smith,"
responded the vagrant. "What occupation?" continued the

64 DELTA CHI QUARTERLY.

court. " Oh, nothing much, at present; just cffculating around,"
replied the prisoner. " Retired from circulation for thirty days,"
ordered the court. — Green Bag.

Senator Hoar said the other day, on learning that a friend
who had been supposed to have appendicitis was only suffering
from a severe attack of indigestion : "That is good news. I re-
joice that the trouble lies in the table of contents rather than in
the appendix."

A prominent Chicago lawyer on seating himself in a restau-
rant, was approached by a waiter who said : " I have deviled kid-
ney, pig's feet, and cdves brains." "Have you? Well, what
are your ailments to me?" returned the lawyer. "I came here
to eat."

Apropos of the above, a prominent lawyer of New York, re-
cently in same restaurant asked the waiter if they served lobsters,
to which the waiter promptly replied, "Yes, sir, what will you
have?"

DELTA cm QUARTERLY.

ATTORNEYS* DIRECTORY.

Wben
with!

to employ oounsel in apother city, why not correspond
of Delta Chi.

Albany, N. Y,

Chicago, HI.

DANIEL T. CASEY

JOHN E. AMOS, Jb.

119 State Street

901 Journal Building

Of Oasbt &, QUINM

Long Distance Telephone Main 4401

AUoona, Pa,

Chicago, III,

J. BANKS KURTZ

EDWARD H. BARRON

5 and 6 Sohenk Building

132 Michigan Avenue
Telephone Central 2425

Boston, MasB.

Chicago, III.

JAMES P. MAGENIS

ROBERT CATHERWOOD

Rooms 62 and 65, 5 Tremont Street

1543 Monadnock Block

Telephone Haymarket 868

Telephone Harrison 1281

Buffalo, N. F.

Chicago, III,

•

JAMES O'MALLEY

MARSHALL D. EWELL, M.D.

3 and 4 Erie Ck>unt7 Bank Bailding

Suite 618-619, 59 Clark St.

Of O'Mallst, SvrrH & O'Mallsy

Examiner of

Ditpated Hand-writinff, Ink, etc.

t>BLTA CHI QUARTERLY.

ATTOBNEYS' DIBBCTOBY-CoaHa««d.

Chicago, lU.

DANIEL W. FISHELL
1019 Aihland Bloek

Telephone Central 1547

Deiroii, Mich.

CABLETON G. FEBBIS

406 Hammond Bnildinf

Telephone 38(8
Of Hatch it Ford

Chieago, III

Freqpori^Ill.

WILLIAM J. KIBK
13 Eldridge Court

Telephone Harrison 654

Chicago, III,

SIDNEY N. REEVE

Room 608, 160 Waehington Street

Telephone Main 4064

Chicago^ III.

HABOLD F. WHITE
904-10 The Temple, 184 La Salle St.

Long Distance Telephone
Mam 3815

Chicago, III.

EDWABD B. WITWER

Room 407, 153 La Salle Street

Telephone Central 8896

PATTISON & MITCHELL

Douglas Pattisov
B. R MiToaaLL

Oreenmlle, Pa.

GUY THOBNE

Or«Miyille NaUonal Bank BniMiBf

Monickiir, N, J,

JOHN A. HINES

483 Bloomfield Avenue

Mt Carmeh -Pa*

A. F. JOHN

6 and 7 Guaranty Trust Building

DELTA cm QUARTSRLY,

▲TTOKNBY9' DIKBCTORY-Coiltllllied

Ntuxirk, N. J.

rt*i

JOSEPH EAHR6

164 Market Street

Nmo York City

rfiA

CHAS. H. MOORE

27 WilliMU Stniet

P&tkerOmrg, Fa.

ROBERT H. MOON

44 OMmw BMik BufMittS

SaU Xake Ciiv^tah

PAitLSY P. CH«I9t*BM8fiN

(County Attorney)

Salt Lake City, Utah

ROLLIN W. DOLE
407'408 Auerbach Building

Salt Lake City, Utah

WILLIAM M. McCREA

22 East First South Strel4

Tacoma, Waj>h

ARTHUR R. WARREN

501-502 Fidelity Building
Telephone Black 1503

Van Buren, Ark.

MtaidMBahwaM

HENRY L. FITZHUGH

68 DELTA CHI QUARTERLY.

SHOURDS, ADCOCK < TEUFEL

Jewelers

DIAMONDS. WATCBE8

"* """"• "'"■ 66 STATE ST. ■ ■ CHICAGO

""SltoSrjl.dMr TEIEPHOHE CEHTRAL 3745

Frttenlty Fiat

Law Printers

GUI^HORP-WARREN
yPRINTING COMPANY<IMMI>

116-118 EAST RANDOLPH ST.
PHONE CENTRAL 3106

FRATERNITY OFFICERS

HONORARY

President.
Hon. Wm. B. Hornblower, of New York City.

Vice-President.
Professor Ernest W. Huffcut, of Ithaca.

Second Vice-President,
Hon. Marshall D. Ewell, of Chicago.

Orator.
J. Francis Tucker, of New York City.

Poet.
Fred'k C. Woodward, of Chicago.

ACTIVE

Mr. a. Frank John, "A A/* Dickinson, 'oo, Mount Cannel, Pa.

Mr. Marcus M. Hart, "BB," Michigan, '04, Ann Arbor, Mich.

Mr. Floyd L. Carlisle, "CC," Cornell, '03, Watertown, N. Y.

Mr. Edward C. Nettels, "DD," Chicago-Kent, '00, Des Moines,
Iowa.

Mr. Arthur G. Slaight, "EE," Osgoode Hall, '01, Toronto,
Canada.

CONTENTS

PAGE

Fraternity Officers --- 2

ComeU's New Chapter House ------ 3

Assig^abilty and Negotiability ------ 6

The Ninth Annual Convention ----- 10

The Installation of the University of Chicago Chapter - 13

The Installation of Georgetown Chapter - - - - 16

Delta Chi in the Far West 18

Editorials --------- 20

This Year's Officers 24

Chapter Correspondence -------26

Alumni Notes ---------32

Book Reviews -------- 38

Attorneys' Directory --- ----40

The . . .

•pHE Delta Chi Quarterly is
the official orsran of the

Delta Chi

Delt Chi Fraternity, esteblish-
ed by the Bisrhth Annual Con-
vention, Chicago, 111.. July 11,

Quarterly

1902. Published in January.
April, July and October of each
year. Subscription price $1.00

per year, payable in advance.

Sinsrle copies twenty-five cents.

Cards of Fraternity members

JAMES O'MALLEY,

will be carried in the Profes-

BdltoMo'Chlcf

sional Directory, at the rate of
$1 .00 per year. Other advertis-

Erie County Bank Building.

insr rates furnished upon appli-

Buffalo, N. Y.

cation. Subscriptions and re-
mittances should be sent to the

Business Manasrer.

MANTON M. WYVELL.

Articles on lesral topics and
contributions of sreneral inter-

Boalnest Manager,

est to the Fraternity, are solici-

Ithaca, N. Y.

ted from all members.

r'^ -V- .'vvS^ \

^K N

sr- .

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DELTA CHI QUARTERLY

V<a. I OOTOBEB, 1903 Ko. 9

CORNELL'S NEW CHAPTER HOUSE

In the fall of 1901, the Cornell Chapter, realizing as it did the
absolute necessity for a chapter house owned by the fraternity, put
forth every effort for the attainment of that end. The Mother
Chapter, being located in the strongest fraternity institution in
America, keenly felt the loss of a lodge ; for we at Cornell, unlike the
majority of Delta Chi chapters, have been forced into competition
with all the general course fraternities on an equal basis.

The movement for the procurement of a new home for the
Cornell Chapter was born in the spring of 1900, immediately fol-
lowing the destruction by fire of the house occupied at that time.
William M. McCrea, '00, was an enthusiastic member of the first
committee appointed, but so little time remained until June of that
year, that the plans of the committee could not be worked into
results. The following year ended without material progress,
though a second committee had given the problem consideration.
At the beginning of 1901, however, the demand for an adequate and
permanent home was so great that the fraternity was forced to act,
and a committee of three, consisting of James O'Malley, '01 ; Floyd
L. Carlisle, '03, and S. Edwin Banks, '95, was appointed and imme-
diately began work.

The question of expediency first presented itself, namely, the
advisability of purchasing a lot, thereby delaying the real end, or
the purchase of a home which would give immediate possession.
The desire for a home that could be occupied at once was so keen
that it appeared to outweigh all other considerations. And when the
opportunity to purchase the property of a well-established fraternity
ofiFered itself, the committee did not long hesitate to avail itself of it.

It was about this time that the Alpha Delta Phi Lodge on East
Buffalo Street was offered for sale. This house was built in 1879,
and, it is said, was the first house in America to be built solely for
fraternity purposes. While not so elaborate as some of the newer
houses, the building was centrally located, conservative in appear-
ance and well arranged to accommodate comfortably the number of
men a fraternity should have living in its house.

This property was offered at so reasonable a figure that the com-
mittee decided that the necessary assistance of the alumni could be
secured.

With this object in view letters were written to all the alumni
of the Chapter informing them of the proposed purchase and solicit-

c ^xo

fc^^^

4 DELTA CHI QUARTERLY

ing their aid. The committee followed these letters by personally
visiting all those alumni whom they could reach. Those alumni, who
had the interest of the fraternity at heart but who could not make
immediate payments for the desired cause, contributed by means of
promissory notes payable six months from date. About $3,500 were
subscribed and a very small proportion of this amount remained un-
paid at the end of a year. The contributions ranged from ten to
one hundred dollars. The active members of the fraternity also
helped to swell the general fund, so that when the time came for the
committee to fulfill its part of the contract, it was enabled to
do so, and had enough in addition to make adequate and very neces-
sary repairs on the property bought. These repairs, which consisted in
perfecting the sanitary conditions, the erection of new stairways,
putting in new hard wood floors, and building a spacious dormi-
tory, occupied the entire summer of 1902, so that in September when
the men returned, they entered, what on the inside, was practically a
new house.

The first floor of the lodge has been tastefully decorated with
large rugs and heavy oak chairs, which together with several divans
give the library and parlors a very home-like appearance. On the
walls are hung the pictures of some of the members of the chapter
who have been prominent in their undergraduate life, among whom
are "Freddie" Colson, '97, who was the coxswain of the famous
Henley eight; Daniel Reed, '99, who for two years was a guard on
the Cornell eleven and later head coach; Mark M. Odell, '97, and
"Eddie" Toohill, '02, both Varsity oarsmen. From the ceiling of
the reception room has been suspended the stern of the Henley boat,
which includes the coxswain's seat. This rare gift was presented to
the fraternity by "Freddie" Colson, and is valued highly because
of the late action of the Henley stewards who have enacted a rule
barring all foreign crews coached by a professional oarsman from
competition. This, of course, means that Cornell will never again
compete against her English rivals, for the Ithacans will not dis-
pense with famous "Old Man" Courtney's services for all the
Henley trophies in the world.

The second floor is composed entirely of study rooms, which
the occupants themselves fitted out and furnished. These rooms are
large and on the whole well lighted, and are made extremely cheerful
by the presence of large open grates, which are a great help in the
winter in warming the house. Accommodations for twenty men
are afforded. The house is heated by steam heat, which has been
found to be very satisfactory.

The third floor is divided into two portions, the lodge room,
occupying the greater part, and the dormitory.

Not the least attractive feature of the premises is a splendid
tennis court which was purchased subsequently to the main property.

The new house has been of great assistance to us not only in our

DELTA CHI QUARTERLY 5

relations to the University and to the other fraternities, but also in
such a way as to add materially to our social standing in the Univer-
sity. Formerly the men during the Junior Week performances had
been greatly handicapped by the lack of a respectable house which
might be given over to the Junior Week guests. But last year the
men took advantage of their new lodge and had a most enjoyable and
successful house party in which all the members of the fraternity
participated. In all some sixteen ladies graced us with their pres-
ence and were our guests for the greater part of the week. Quite
a few of the Alumni of the chapter returned and took in the crown-
ing feature of the week, the Junior "Prom."

In conclusion I wish to say that too much credit cannot be
given to the House Committee whose untiring efforts finally accom-
plished the desired end, and it is to be hoped that the other chapters
of the Delta Chi Fraternity as they grow older and increase in the
number of their alumni, for it is to them that you must look for as-
sistance, will follow the example of the Mother Chapter and build
or buy homes fitted for the sons of Delta Chi.

WILLIAM S. PEACE, '95.

DELTA CHI QUARTERLY

NEGOTIABILITY AND ASSIGNABILITY

It is very customary in describing commercial paper to speak
of it as "negotiable," and under this head is often understood the
further legal conception of passing the paper free from equities.
Many writers seem to look upon this latter quality as the great
feature of negotiability and as one of the peculiar characteristics of
commercial paper.

In considering this proposition let us see whether there is any
difference between the transfer of a cow and the negotiation of a
promissory note made to some one's order. If a thief steals your
cow and sells her to an innocent stranger, you may recover the cow
by legal process in spite of the bona fides of the stranger. But sup-
pose the same thief steals your promissory note during the same
raid, forges your indorsement and sells the note, also to this innocent
stranger. You may recover your note from such stranger as readily
as you can your cow, the reason being that in neither case has leg^
title passed. In so far then the peculiarities of commercial paper
play no part. In neither of the above instances did the thief acquire
legal title, and hence he could not transfer such title. You have not
lost your title and can recover your property wherever found.

But suppose, instead of the thief, a business man comes to you
and by fraudulent statements induces you to endorse and deliver
the note and also to deliver the cow, with intent to pass title. In
this last case, if the fraudulent business man sells both cow and
note to an innocent third party you cannot recover your property,
because you had parted with your title.

It is to be noted that title to each passes, and the innocent
stranger is as fully protected in his title to the cow as to the note.

But suppose your note had been drawn to bearer or had been
endorsed in blank, then the thief in the first case supposed could
have made the above transfers and the innocent purchaser could hold
the note, but not the cow.

There is a difference then which is peculiar to commercial
paper and money,* namely, that although the thief has no title and
could not retain either the bearer note or money as against you,
yet the innocent purchaser does acquire a title.

This covers a very small part of commercial paper, and as to
the vast amount of such paper bona fide purchase for value applies
no further than it does to other property.

Where one holding the legal title to real or personal property
owes some obligation of an equitable nature to a third person in
respect of that property, such title holder can undoubtedly (apart

*There are one or two other instances, as for example under the Record-
ing Acts (see Langdell Summary of Equity Pleading 2nd Ed., p. 128.)

DELTA CHI QUARTERLY 7

from statute law) transfer his title, and at Common Law such trans-
fer takes effect, and as the equitable rights of the third person are
purely personal and against the transferor, they do not at law follow
the title. But in equity, the result is different. A Court of Equity
assumes* jurisdiction to protect its own obligations, which the law
does not recognize, and compels the transferee of the legal title to
carry out the equitable obligation. But should the circumstances be
such that granting such relief against the transferee will work in-
justice, equity refuses so to act. Such is the case when the trans-
feree of the title is a purchaser for value without notice. The appli-
cation of this doctrine to commercial paper is therefore not peculiar
to it, but is merely an application of a general doctrine.**

But the great peculiarity of negotiability lies in the fact that it
enables you to pass the legal title to certain choses in action or con-
tracts of mercantile origin, which could not be done in cases of
choses in action or contracts of common law origin. This distinction
is what is intended when a contract is said to be assignable and not
negotiable. An assignment does not carry legal title. It is prac-
tically a power of attorney to sue in the name of the assignor, and
at Common Law the action must be brought in the name of the as-
signor. One must bear in mind that this is still true to-day, and an
assignment of a contract does not carry title. In New York, and some
other states, the assignee may, by statute, bring the action in his own
name, but this is simply a statute of procedure, and has no effect
whatever on the title. Thus an assignment in New York of a New
York contract does not enable the assignee to bring action in his own
name in a common law state having no such procedure.

By negotiability, then, we generally mean that the title to the
contract referred to may be transferred, and this peculiarity is
limited to contracts of mercantile origin.

An application of this doctrine can be seen in the case of a
promissory note made to the order of some specific person, sold by
such person to a third party and delivered unendorsed. Such third
person cannot obtain legal title without endorsement, but clearly there
is an assignment just as much as there may be in the case of an
ordinary contract, and the holder should be held to have a power of
attorney to sue in the assignor's name for the benefit of the assignee.
Of course, under such circumstances, the action is brought subject
to all defences against the original party who still holds the legal
title. This was the situation in the case of Goshen National Bank
vs. Bingham, 118 N. Y., 349, where the court says:

*See Langdell. A brief survey of Equity Jurisdiction, i Harvard Law
Review, pp. 59, 60.

**See Ames* Summary to bills and notes, p. 866.

8 DELTA CHI QUARTERLY

"It is too well settled by authority, both in England and this
country, to permit of questioning, that the purchaser of a draft, or
check, who obtains title without an endorsement by the payee, holds
it subject to all equities and defenses existing between the original
parties, even though he has paid full consideration, without notice
of the existence of such equities and defenses. (Here follow cita-
tions) .

"The reasoning on which this doctrine is founded may be
briefly stated as follows : The general rule is that no one can trans-
fer a better title that he possesses. An exception arises out of the
rule of the law merchant, as to negotiable instruments. It is
founded on the commercial policy of sustaining the credit of com-
mercial paper. Being treated as currency in commercial transac-
tions, such instruments are subject to the same rule as money. If
transferred by indorsement, for value, in good faith and before
maturity, they become available in the hands of the holder, not-
withstanding the existence of equities and defenses, which would
have rendered them unavailable in the hands of a prior holder.

"This rule is only applicable to negotiable instruments which
are negotiated according to the law merchant.'

"When, as in this case, such instrument is transferred but with-
out an endorsement, it is treated as a chose in action assigned to
the purchaser. The assignee acquires all the title of the assignor,
and may maintain an action thereon in his own name. And like other
choses in action it is subject to all the equities and defenses existing
in favor of the maker or acceptor against the previous holder."

This is certainly correct and ought never to have been in
doubt. In so far, however, as the learned judge states that "the
assignee acquires all the title of the assignor" an error is involved,
as the assignee does not acquire the title of the assignor. The state-
ment that 9ie assignee can sue in his own name is true in New York
and some other jurisdictions where there are special statutory pro-
visions therefor. An error seems also involved in the difference sug-
gested by the court between commercial instruments and ordinary
chattels. The custom of merchants made it possible to pass by an
endorsement the legal title to choses in action of mercantile origin,
where the legal title to common law choses in action could not be
transferred. The doctrine that the purchaser for value without
notice of the legal title gets the same free from equities, is not
limited, as the court seems to suggest, to so-called negotiable instru-
ments ; it applies equally to the transfer of the legal title to ordinary
chattels. If the legal title in any case is transferred, the new holder
of such title takes it clear of any equities unless the circumstances

r ' V

.•

DELTA CHI QUARTERLY 9

ai:e such that courts exercising equitable jurisdiction can attach such
equities.*

These principles are not new, and there is nothing original in
the above statements, but so much confusion has arisen on this sub-
ject that an occasional restatement of the points involved may serve
to clear our minds from confusion.

CLARENCE D. ASHLEY.
New York University, July i, 1903.

*(Sce Ames' Bills and Notes. Summary, under title Purchase for Value
Without Notice, p. 863, and Langdell's Summary of Equity Pleading, 182-185).

10 DELTA CHI QUARTERLY

THE NINTH ANNUAL CONVENTION

The ninth annual convention of the Delta Chi Fraternity was
held in New York City, April i6th, 17th and i8th, 1903. Had I
known in advance that I was to have the honor of writing an account
of this convention I should have spared no pains to be present at the
first informal session, on the evening of the 15th. This, I am told,
was an impromtu meeting, but one most enjoyable, which gave an
opportunity to many of the brothers to meet in advance and become
acquainted.

Those of the delegates who were not in New York for the
evening of the isth were on hand early Thursday morning. There
were two chief centers about which the delegates gathered — the
lobby of the Fifth Avenue Hotel and the room where Councellors
John and Nettles reclined until 10:30, each continuously urging the
other to get up, and each apologizing profusely for the extreme lack
of hospitality on the part of the other.

At eleven o'clock Counsellor O'Malley, as "AA," called the
convention to order, and answer to roll call showed that every
chapter but one was represented. This was the best and most repre-
sentative convention we have ever held, and the full attendance was a
striking proof of the wisdom of the plan for paying the delegates'
expenses, which, it will be remembered, was adopted at the Chicago
convention in 1902.

The convention chose for its permanent officers the following:
Russell Wiles, Northwestern, chairman; E. C. Nettles, Chicago,
secretary, and Brother Benjamin, Dickinson, "F." I shall not
attempt to give any account of the work which was done by the
convention since the work which was accomplished will be fully re-
I>orted in the minutes, to be distributed in due time to the chapters.
It may, however, be proper to state that six business sessions were
held, two on each day, and that a great deal of the most important
work on hand was completed. Charters were granted to the Inner
Temple of the University of Chicago and the Alumni Chapter of New
York City. Extensive changes were made in the management of
the Quarterly, and the necessary constitutional amendments to carry
the changes into effect were enacted. In addition a large number
of routine matters of especial interest to certain chapters were taken
up and disposed of.

It may be proper here to call attention to the new provision as
to chapter letters, to which the attention of all C's is directed.
It is hoped that the provision in question will have the effect which
it was intended to have ; that is, to make the number of letters greater
and their preparation absolutely regular.

The first session of the convention was occupied entirely with
routine business, and at its close a delidous luncheon was served in

DELTA CHI QUARTERLY n

the Convention Hall. The plan of our hosts in arranging luncheon
as they did for the convention is to be highly commended. Each day
a buffet luncheon was served in the Convention Hall, and it was
largely due to the saving of time effected by this arrangement that
the convention accomplished the unusual amount of business which
it disposed of. From a half an hour to an hour each day was saved
for business purposes by this plan.

The second session of the convention was occupied entirely by
the reports of the various chapters and the officers of the "XX."
The chapter reports were, as usual, informal, and their tenor was
very encouraging. Each delegate in turn brought in tidings from
an enthusiastic and successful band of Delts, and every chapter gave
evidence of progress.

The story which Brother Carlisle from Cornell told us was par-
ticularly inspiring. The boys there had fought the worst epidemic
that ever attacked an American college, and had come through some-
what weakened, but triumphant, and with a stronger hold than ever
upon the leadership in legal circles at Cornell. The story of their
year made us proud of our Mother Chapter.

At the close of the second session the delegates were taken by
the entertaining chapters on a tally-ho ride through Central Park and
Riverside Drive to Gen. Grant's Tomb. The temperature was about
thirty-five in the sun, but frequent internal hot applications kept the
crowd fairly comfortable. Every moment of the drive was enjoy-
able, especially the halts. The affair ended with a supper at the
Cafe Boulevard, after which the delegates divided into small parties
and wandered, under the leadership of experienced guides among
our hosts, through the slums of New York.

The third and fourth sessions of the convention, which were
held on Friday, the 17th, were occupied almost entirely by the dis-
cussions and action upon the various petitions for charters which
were presented. The results of these sessions are known to the
chapters through their respective delegates' reports, and will be set
forth more fully in the minutes. It was at these sessions, however,
that the Chicago and New York Alumni petitions were granted.
The fourth session closed at about four o'clock, and the delegates
were left free for about two hours to do anything which they pleased
m the city. At six o'clock or thereabouts the delegates went to
dinner, breaking up into small parties and visiting various restau-
rants. One very pleasant party of about a dozen went to the Cafe
Martin. In the evening the entire Delta Chi representation attended
the production of George Ade's "Sultan of Sulu." The first two
rows of the orchestra were reserved for us and we had an excellent
opporttmity to see a most enjoyable opera. The New York chapters
appeared to have initiated the Honorable Mr. Kiram, governor of the
Island of Sulu, for above the executive mansion floated the well
known Delt Chi banner. At the close of the performance the dele-

12 DELTA CHI QUARTERLY

gates visited a small but apparently popular resort in the neighbor-
hood, where they remained until an early hour.

The sessions of the third day of the convention were occupied
with constitutional changes and the election of officers and other
routine business.

The convention adjourned sine die at four o'clock on the i8th,
and at seven the annual banquet was held in the Fifth Avenue Hotel.
It would be impossible for me to even attempt to do justice to that
evening, but the New York Chapters certainly capped the climax
of a most pleasant three days at this time. The speeches were
rather numerous, and measured by the clock they were long, but
their character was such that the time passed all too quickly. Toast-
master Quinn officiated with an eloquence and grace which made
the occasion a delight, and the address of Mr. Homblower was of so
pleasing and valuable a character as to merit comment far beyond
my ability. Dean Ashley, too, offered several suggestions to the
active workers in the Fraternity which were appreciated, and so
far as possible will be adopted.

The idea of twenty-word speeches of the delegates was a par-
ticularly good one, and their epigrammatic character made them
extremely enjoyable. After the banquet the delegates went out and
took a last drink together and then separated, each going his own
way. No man went away without feeling that the week of time
which the convention had taken was well spent and without feeling
anew that he belonged to a fraternity to be proud of. Most of all,
however, he felt a feeling of deep thanks to the two New York
Chapters for their splendid entertainment. The feeling which each
man had can best be expressed by quoting Counsellor House's
twenty-word speech: "I came to the convention to represent my
chapter and to have a good time. I had a good time."

RUSSELL WILES.

DELTA CHI QUARTERLY 13

INSTALLATION OF THE UNIVERSITY OF

CHICAGO CHAPTER

By Harry Hyde Barnum, Chicago, '03.

Among the most important things accomplished by the ninth
annual convention of the Delta Chi Fraternity held in New York
last April was the granting of a charter to the Inner Temple of the
University of Chicago. This doctrine of "conservative expansion"
for which Delta Chi is becoming famous was manifest at all times
during the convention, but especially so when it came to voting upon
the granting of new charters, for out of three petitions presented to
the convention this was the only one granted by it — one petition be-
ing denied and consideration of another being deferred until furthe?
information could be obtained.

The writer, as a delegate of the Chicago Chapter, was delighted
to find, soon after the opening of the convention, that there appeared
to be no opposition to the establishing of a chapter at the University
of Chicago, and heard upon all sides only praise for the petition and
the way it was gotten up, many declaring it to be second to none.
When put to vote it was granted unanimously.

The date of installation was fixed as Saturday, May 23rd, 1903,
and a committee (including the writer) appointed to complete ar-
rangements. On that date the Twentieth Century Limited steamed
into Chicago bearing Brother Floyd L. Carlisle, of Cornell, "CC,"
and about the same time other trains were arriving from other parts
of the country bringing our genial "AA,** Brother A. Frank John,
of Dickinson, and Brother Marcus M. Hart, of Michigan, "BB.*
On accounft of the distance from Chicago Brother Arthur G. Slaight,
of Osgoode Hall, "EE," did not attend. The officers and committee
met at the Hotel Wellington, and "the next order of business" was
Dutch lunch at Kinsley's German restaurant, where at one o'clock
a dozen Delts were gathered around the festive board. A delightful
hour was spent here and then we returned to the Wellington to pre-
pare for the "doings."

Brothers from Northwestern, Chicago and Chicago Alumni
Chapters began to come in goodly numbers, and were seen on all
sides. Quite a commotion occurred when Brother Nettles — the un-
expected— ^walked in "as big as life," and everybody felt that his
presence capped the climax, and insured a "howling success." In
the meantime, the officers and committee were hurriedly going back
and forth completing the details, and the whole scene foretold the
approach of the "critical moment." At last it came. The signal
was given and on the instant swiftly and silently the little groups of
talkers broke up and disappeared through the dark and mysterious
portals of the Outer Court and into the furthermost recesses of the

14 (DELTA CHI QUARTERLY

Inner Court, which none but the worthy may enter. The great doors
closed leaving behind but a few to receive the approaching candi-
dates, who with pale faces and beating but resolute hearts entered
the ante-room. The first to brave the ordeal were Charles Ralston
McMiUen, Henry William Steiness and Frederick Dickinson who,
after being properly prepared, were conducted into the Outer
Temple, whose (Um and mysterious surroundings and lights might
well awaken terror in the most resolute.

As other eyes than those of the initiated may scan these lines
and other ears may hear them read, the closing of the doors upon
the entering candidates must shut out from the world at large all
knowledge of their mystic course, their trials and tribulations. But
such a revelation is not necessary to those for whom this article was
primarily intended, for every Delta Chi knows what happened behind
those closed doors in the sanctity of the Inner Temple. And none
but members of that fraternity will ever know.

About five-thirty o'clock the doors swung lightly open and there
emerged three more Delta Chi's than had entered. Initiation of the
remainder of the men was deferred until after dinner, when a much
fuller attendance of members and alumni resulted. The company
immediately made its way to the Hamilton Qub where fifty-five
covers were laid for the banquet.

Modesty should, I suppose, prevent my saying much in praise
of the decorations or the menu, for, being on the committtee, I had
charge of the arrangements. But, if I am to be an accurate
chronicler, I must report that the banquet met with universal
approbation. Under a Delta Chi banner and some American
flags at one end of the hall the speakers' table was located. Brother
Edward Barron, President of the Chicago Alumni Chapter, was
toastmaster, and seated on his right and left were the officers of the
fraternity and guests of honor, including Brother Woodward, for-
merly of Cornell and Dickinson Chapters, and now Professor of Law
at Northwestern University School of Law.

After the repast was finished and the cigars lighted, the toast-
master inaugurated a series of "informal toasts," which were un-
premeditated and without malice aforethought. The first to spealJ
was "our little bi^ man," Brother A. Frank John, "AA," who told
with great effect The Pumpkin Pie Story," which created such a
sensation at the New York convention. He was followed by Brother
Hart, "BB," whose efforts were likewise crowned with great suc-
cess. Brother Floyd Carlisle, "CC," whose sonorous and clear ring-
ing voice and impressive way of putting things eminently fit him
for an after-dinner speaker, spoke highly in praise of the fraternal
spirit and strength of Delta Chi manifested in Chicago, and to the
credit done to both by the new chapter. Our droll and witty brother,
Edward C. Nettles, 'T)D," (also D. P. & F. A. C. M. & S. P. R„
D. M. I., ». €., Division Passenger and Freight Agent, Chicago, Mil-

DELTA CHI QUARTERLY 15

waukee & St. Paul Ry., Des Moines, Iowa), spoke in his usual
charming and humorous vein and added several good stories to the
already long list standing to his credit. Brother Woodward re-
sponded to the next toast, and threw out a number of mysterious
hints as to how he felt during his initiation, and of what was still
coming to the remaining candidates, which, I am afraid, robbed them
of some of their composure and piece of mind. Brother Dickinson,
one of the victims of the afternoon, looking as if a load had been re-
moved from his shoulders, was the last to speak, and impressed all
with his earnestness and determination to make the new chapter an
honor to the fraternity. At the close of the toasts the meeting ad-
journed to the Wellington to finish the installation ceremonies.

Those who entered in the evening were Orville Elbridge At-
wood, Jr.; Frank Joslyn Baum, Joseph Walter Bingham, John
Robert G^chran, Sidney Jennings Dillon, George Philip Hambrecht,
Otto Patty Lightfoot, John Carlyle Moore and Morris Walbrum.
When at last all had entered and traveled upon their "mysterious
journey" the doors were once more opened and the merry throng
emerged. 'Twas close upon midnight, but the newly made brothers
started forth to "celebrate" and to show the officers and Delta Chi's
from out of town, Chicago on "Good Old Saturday Night." At
last the company disbanded, and I feel sure that every man of us
when he turned down the sheets and crawled into his "bimk," felt
that another glorious page had been written in the history of dear
old Delta Chi, and another pearl added to her crown, one which g^ves
every promise of proving as fair a jewel as the others.

i6 DELTA CHI QUARTERLY

INSTALLATION OF THE GEORGETOWN

CHAPTER

May the Thirtieth is "Memorial Day." The nation has set it
aside out of the whole year to remind us of those who bravely fought
and died that our country might live, grow and be great. To four-
teen students at the Georgetown University it means all this and more
— much more. It marks our entry into the mysterious realms of
Delta Chi and the launching of our great University upon the ever
rising sea of Greek letters.

We sat around the lobby of the Hotel Raleigh in Washington
waiting and watching for some one whom we might recognize as a
member of the "XX." Finally the anxious watchers caught sight
of the genial Brother John. Immediately all of our anxiety faded
aw^ and fear retreated into other climes, for we recognized that he
was much smaller in stature than even our smallest member — even
smaller than "Charlie" Arth. Soon the big broad shoulders of
Brother Carlisle were noticed and our newly awakened hope died
completely away. We realized that Brother John couldn't hurt us
alone, but what chance had tmsuspecting strangers with the big
"CC."

At last the hour set for our wondrous pilgrimage arrived and
with blanched faces and fond farewells. Brother Berry and the
writer were hurried from their friends and put astride the "goat."
He struck an average of two an hour, and by six o'clock fully a half
dozen of us had become full-fledged members of Delta Chi. After
a hearty supper in the "Boar's Head," the handsome grill of the
Raleigh, we roped the other members of our club and their "march
to the see" was begun.

Those initiated were Brother Berry, Flueck, Malony, Williams,
Rix, Arth, Williamson, Denu, Qark, Hahn, Dyer, Drown, Hanger
and myself.

At eleven all was over and Brothers John, Carlisle and Hart
of the "XX," and Quesada, the Cuban Envoy to the United States,
who composed the Installing Council gathered in the beautifully fur-
nished parlors of the hotel and held an informal reception at which
many a knowing smile was passed, nicely reminding us of some of
the stirring seances with the "goat." "For much more," said one of
our boys, "I would have licked Carlisle." But he knows better
now.

About two a. m. a happier crowd could not have been gathered
in the whole world. We had been led to the Banquet Hall, which
the hotel authorities had beautifully decorated with roses, palms,
ferns and the Delta Chi colors ; we had eaten heartily of the twenty

DELTA CHI QUARTERLY 17

or so choice viands prepared for us; we had drunk deeply of the
"Extra Dry," that sparkling elixir of life, and had listened to the
eloquent and interesting reminiscences of our brother "Delts."
Finally the cigars were passed and Brother Berry announced that
he was the regularly elected Toastmaster. No one disputed this
latest announcement by "Buzz," and after he had made a neat little
address of appreciation to our installing officers, introduced Brother
Quesada, who in the speech of the evening, spoke eloquently of
Delta Chi, and of its assistance to him in the great combat to es-
tablish Cuban liberty. Our honored brother is an orator of the
first rank, and his speech made everyone present proud that our
order had such a man, and that it had been able to aid him in his
holy mission. We will never forget the story of Borther John's
about the "Pumpkin Pie;" the sage advice of Brother Carlisle nor
the happy little speech of Brother Hart denying that he ever liked
"Pumpkin Pie." Then we had our chance, and in a few short re-
sponses paid tribute to our profession, our university and our city.

TOASTS

Toastmaster Albert Edgar Berry

Delta Chi and Cuba Senor Gonzalo de Quesada

Our Fraternity A. Frank John, ''AA"

"Pumpkin Pies" M. L. Hart, "DD"

The Bonds of Delta Chi Floyd L. Carlisle, "CC"

The Taft Law Club Wm. Redfield Proctor Malony

Georgetown University William Witthaf t Bride

Washington — The Capital City Edward H. Flueck

The Law — Our Profession Albert R. Denu

Falstaff and Other Big Men Charles Woodbury Arth

Our Social Butterfly Joseph Tarbell Dyer, Jr.

When all was over we gave three hearty cheers for each of the
members of the Installing Council ; three for our University and
for Delta Chi; three for Brothers Wyvell, of Cornell, and Dunn,
of Union, who labored strenuously for us while our petition was
being considered, and departed. All was over. Tired ! The word
is too tame.

Later in the morning, for then the hour of three had struck,
a committee waited on the "XX" who were in town and escorted
them around the city in carriages, showing them the beauties of
America's most beautiful city. AH but Brother John left Washing-
ton that afternoon for their respective universities. He remained
over until the following day, when Brother Dyer and I had the
pleasure of taking him to Mount Vernon, the home and burial place
of George Washington, the Mecca of all devoted Americans, and
remained with him until the train pulled out.

i8 DELTA CHI QUARTERLY

If I may be permitted I will say just a word about the pros-
pects at Georgetown. We are the only National Fraternity having
a chapter at the University, and under the leadership of earnest, in-
terested and truly fraternal fellows there can be naught but suc-
cess.

On the following Saturday night we initiated three of the
most desirable men in the University, Brother Elwyn Thornton
Jones, D. K. E., president of the graduating class and winner of the
Edward Thompson prize — ^the highest honor in the Univer-
sity; Brother Francis Hunter Burke, a member of the winning
Georgetown team which debated with Columbian University, and
Brother Harry Joseph Mohrman. All of these men, with the ex-
ception of Brothers Hahn, Jones and Burke will return when the
college opens its doors in October. By that time we expect to be
comfortably located in our new chapter house in one of Washington's
most fashionable localities. We hope our brother "Delts" from out
of town will frequently visit us.

WILLIAM W. BRIDE.
U U U

DELTA cm IN THE FAR WEST

Under the shadows of the temple walls, in Salt Lake City,
Utah, the "City of the Saints," there are in the active practice of the
law leight brethren of Delta Chi, while the city has now at least three
undergraduates who are preparing for the same profession and
spending those glorious college days in the bonds of our fraternity.

From the Class of '96 and from the loyal Michigan Chapter
came Edward Stewart Ferry. "Ned" has been in practice longer
than any other Delt here, and is junior member of the firm of
Richards and Ferry with offices in the McCormick building. "Ned"
is prominent in social circles and an active member of the Univer-
sity Qub of this city.

With those Delts who graduated from Cornell in '97, there were
four who located in this city and entered upon the practice of the
law. One of them, Daniel Hanmer Wells, has gone to the great
beyond. To all who knew him Wells was a staunch friend. En-
dowed with more than average ability he was at the time of his
death among those of our brethren who have just reached that point
where long years of honor and success were assured. Wells had
been educated at St. Paul's College, Stratford, England, at Real
Gymnasium, Hanover, Germany, at Annapolis, and finally at Cor-
nell. In Cornell he won both the '94 Memorial Prize in Debate and

DELTA CHI QUARTERLY 19

the Woodford Prize in Oratory. In the summer of '97 he located
in this city and formed a partnership with Arthur Winton Brown,
the second of the four Delts mentioned. At the beginning of the
Spanish-American war both enlisted in the Utah Volunteer Battery
and served with that organization in the Philippines. Wells returned
to his practice here and at the time of his death was with the firm
of Sutherland, VanCott and Allison. Brown won a commission and
is still with his regiment in our Island possessions.

The third of the four, Parley Parker Christensen, was admitted
to the bar at the same time and has since then served one term as
G>unty Attorney of this county. He is now engaged in the practice
of the law with offices in the Commercial National Bank building.
After having lost the nomination for a second term as County At-
torney by a margin of two votes Parley has sworn to abandon politics
for at least two years. But watch him.

And last of the Cornell '97 bunch of Delts who came west, is
Charles Stanley Price. Price has in his six years at the bar accumu-
lated a precious lot of experiences, a wife, and as good a practice as
usually falls to the lot of the young lawyer. On May ist this year,
he and William Miller McCrea, Cornell Delta Chi of 1900, formed
a partnership for the general practice of the law. Their offices are
at Suite 51 and 52 Hooper building.

Abiel Bailey Sawyer, Delta Chi, and ex-Cornell, '97, is another
of Salt Lakers. "A. B." is engaged — in the practice of law, and has
offices in the Progress building.

George Harris Smith, Delta Chi from Michigan, '97, is the
assistant attorney for the Oregon Short Line at this point, and has
offices in the Deseret News building. He is a prominent member of
the University Club.

Christopher Bismark Diehl, Delta Chi from Northwestern class
of '97, is another member of the Salt Lake brethren. "Chris" is now
Judge of the Criminal Division of the City Court. Visiting Delts
need have no fears of arrest and prosecution for any offense less
than manslaughter for the next two years. "Chris" knows the grip ;
is an Elk and member of the UniversityClub.

Cornell, '01, returned to us Rollin Wilbur Dole, and like the
other brethren he too is in the race for clients. His office is in the
Auerbach building in this city.

David E. Haigh, Max Brown, and Athel Rawlins are now at
Ann Arbor, Michigan, and will shortly be sent back to join the Salt
Lake Alumni Chapter. Mc.

20 DELTA CHI QUARTERLY

The Delta Ghi Quarterly

PnblijBhed at Ithaca^ New York

BOARD or BDITORS

Jambs O'Mallby, Bditor-in-chief.
4 Erie Connty Savioffs Bank, Buffalo, N. Y.

Manton M. Wyvbll, Bnsinss Manager,

Ithaca, N. Y.

ASSOCIATES

Ployd I«.Carlx8Lb. Chai>ter Correspondence
8 Stone Street, Watertown, N. Y.

d^nrroN T. Horton,

932 PrudenUal Building, Buffalo, N. Y.

Marcus M. Hart,

Delta Chi House, Am Arbor, Mich.

John J. Kuhn. Alumni Page,

189 Montague Street, Brooklyn, N. Y.

Harold F. WHrrs,

The Temple, Chicago, 111.

Frbdbrxck H. Housb,
94 Erie County Savings Bank, Buffalo, N. Y.

Lbroy T. Harknbm,

27 I«iberty Street, New York City.

EDITORIALS

In publishing the second number of "The Quarterly" a brief
retrospect is necessary. The first issue which appeared last April
was brought out under most trying circumstances. It was the first
effort the Fraternity had made to establish a publication. The men
who undertook the work lacked an established system to guide them,
and what was more essential, they labored without the inter-
est and support of the alumni. It was proposed to publish
four issues last year. But so heavy was the burden which Editor
Harold F. White and Business Manager Edward C. Nettles assumed,
that it was only after heroic efforts that they managed to put forth
the first issue in April. This number was finally distributed and
later reached the hands of subscribers.

Naturally, those who expected the four numbers to appear dur-
ing the first year, were disappointed. But the briefest consideration
of the facts enumerated above ought to satisfy all that the failure to
carry out the original plans for the first year was, in a great meas-
ure, excusable. The delegates from the chapters who assembled in
New York, easily came to appreciate the enormity of the task, and.

DEl-TA CHI QUARTERLY 21

viewing the work in its most discouraging aspect, decided that much
had been accomplished in bringing out even one issue.

Reluctant to accept the resignation of Mr. White, the convention
was finally obliged to take this action, since he wrote that it would
be out of the question for him to attempt to carry on the work
another year. Mr. Nettels agreed to continue as business manager,
but later, owing to his removel from Chicago to Des Moines, he,
too, was forced to g^ve up the work.

The present year, therefore, opens with new men in charge.
The business office of "The Quarterly" has been transferred from
Chicago to Ithaca, where the paper will be published during the
present year. An effort will be made to organize a board of editors,
and to perfect a permanent system. To this end, Cornell, the Mother
Chapter, will lend her every effort. But neither Cornell nor all chap-
ters combined will be able to accomplish this without the unanimous
and hearty support of all members of the Fraternity. At its best,
"The Quarterly" can hardly ever be made self-sustaining financially,
but the annual loss to the general treasury can be minimized by the
aiunmi if they will subscribe for the publication liberally and gen-
erally. It is needless to call to mind the great good which this
paper will do the Fraternity. In fact, it is no longer a need, but an
absolute necessity.

In this issue, therefore, we make an earnest appeal for subscrip-
tions. No member, active, alumni or honorary cannot afford to
contribute the small mite of one dollar to the success of this enter-
prise. With this number goes an absolute guarantee that three
others will follow during the present year.

U U U

If the Alumni Page is lacking in notes from some of the Chap-
ters, it is because the editor of that department has been unable to
secure responses to his requests for information. His permanent
address will be 189 Montague street, Brooklyn, N. Y. It is his desire
to secure the assistance of some alumus from each chapter who can,
every three months, forward to him brief notes of a nature similar
to those which appear in this issue. This Alumni Department should
be of the greatest interest to those no longer actively associated with
their respective chapters. It is the purpose to make it the most im-

22 a>ELTA CHI QUARTERLY

poitant page in "The Quarterly," next to that of Chapter correspond-
ence. To do this, the co-operation of graduates will be needed.

U U U

The founders of the Fraternity who established the Mother
Chapter at Cornell in 1890, must of necessity feel some pride in their
work when this, the second issue of a publication for the Fraternity
reaches them. They will note a total of sixteen prosperous chapters,
a remarkable growth in the short space of thirteen years. In the next
issue we will have a further word to add along the line of the Fra-
ternity's development.

TJ TJ U

News from the chapters in this issue is necessarily brief, and
has been compiled by the editor of that department from letters sent
to him last spring. Much that would have at that time been of in-
terest had, therefore, to be omitted. Hereafter, however, a fuller
account of chapter news will be available, and it is intended to in-
clude a complete letter from each. All communications relative to
chapter letters, and all news of the chapters should be sent to the
editor of that department, Floyd L. Carlisle, 8 Stone Street, Water-
town, N. Y.

U TJ U

Is your card in the Attorneys' Directory? The editor, like
Brother White, will bear testimony to practical results from having
his card in the first issue. Three or four items of business were
directed his way by reason thereof during the past few months.

tJ U U

We feel assured that the readers of "The Quarterly" will wel-
come warmly the article contributed to this number by Clarence D.
Ashley, Dean of New York University School of Law. Dean Ashley
holds the degree of LL.D from Yale. He is an honorary member of
the New York Chapter of Delta Chi, and an enthusiastic worker for
the interests of the fraternity. He seldom fails to attend the ban-
qnets givqn by his chapter, and at the convention banquet last April
his remarks were of more than ordinary interest. At that time he
pointed out that "The Quarterly" could be made more valuable to
the alumni by securing for each issue a contribution on some legal

DELTA OHI QUARTERLY 23

subject. This suggestion has been adopted and fortunately we have
been able to enlist the services of one of the foremost students in the
country in the first issue. The subject of "Negotiability and As-
signability" is one of the most troublesome as well as the most im-
portant with which the practitioner is called upon to deal. Dean
Ashley, in his treatment of the same has brought the essential prin-
ciples out simply and clearly, and every reader of "The Quarterly,"
be he student, lawyer or judge, can scarcely help but find this
article of assistance. "The Quarterly" extends grateful thanks to
Dean Ashley, and expresses the hope that it may give to its readers
in its future numbers similar articles from other eminent students,
of which Delta Chi has many.

24 DELTA CHI QUARTERLY

THIS YEAR'S OFHCERS

A. Frank John, "AA," is an alumnus of the Dickinson Chapter.
He completed his course in the Dickinson School of Law in 1900,
and since that time has been practicing in Mount Carmel, Pa.
Brother John is the greatest small product of the Fraternity. He was
a loyal, active member, and as an alumnus has taken a keen interest
in every affair in which Delta Chi has been interested. For the two
years next past he has been "EE" of the general fraternity and by
reason of his close association with its official work is eminently well
fitted to fulfill the duties of the highest office. He is exceptionally
popular and the spirit of his goodfellowship is felt above all else by
those associated with him in his work.

The honor of the office of "BB" fell to the Michigan Chapter,
Marcus Reuben Hart being the recipient. He is a senior in the
Michigan College of Law this year. He is one of the associate
editors of the Michigan Law Review, whose editors are chosen by the
faculty on account of high standing in their studies. Besides
being a good student Brother Hart is a good fellow and has a taking
personality. This is his first year as a fraternity officer.

Floyd Leslie Carlisle, "CC," representes the Mother Chapter,
and is one of her staunchest products. He is a brilliant student, a
stronger debater and clever politician. He took his A. B. degree
from Cornell last June. His stan<iing in his studies was far beyond
the average. For two years he was captain of Cornell's intercof-
legiate debating teams, competing twice against Columbia and once
against Pennsylvania. He won the '94 prize in debate, and was a
close competitor for the'86 Memorial public speaking prize. He was
president of his Sophomore class and of his Senior class. He joined
Delta Chi late in his second year, but immediately became identified
with her interests and contributed his best efforts toward securing
for the Cornell Chapter her new home. His idea of fraternity policy
is conservative, yet progressive, and his influence on the Mother
Chapter has been felt more deeply than that of any other individual
member of recent years. Brother Carlisle will be admitted to the
New York bar next June. He is at present in the offices of Brown,
Carlisle & Hugo, Watertown, N. Y.

Edward C. Nettles, "DD," is an excellent type of a self-made
Western man. He began early in life to secure an education prepara-
tory to becoming a lawyer. He was in a law office for several years
prior to 1891, at which time he became secretary to George R. Peck,
then General Solicitor for the Sante Fe system. This was the be-

DELTA CHI QUARTERLY 25

ginning of Brother Nettles* railroad career, which, for the present,
has culminated in his appointment to a responsible position as
General Freight and Passenger Agent in the service of the Chicago,
Milwaukee and St. Paul, at Des Moines. Brother Nettles is filling
his third term as "DD" of the Fraternity. He has filled the office
well, and has brought the finances onto a firm basis. Like Brother
John, he is noted for his qualities of good fellowship and burning
enthusiasm for Delta Chi.

Arthur G. Slaight, "EE," is from Osgoode Hall Chapter, To-
ronto. He gave evidence of sterling worth at the New York con-
vention, and was elected to succeed Brother John. He was an earnest
and effective worker in his chapter, and "A" at one time. He is with
the firm of Holman, Drayton & Slaight, Toronto. His marriage was
celebrated September 17th.

26 DELTA CHI QUARTERLY

CHAPTER CORRESPONDENCE

April, 1903 — October, 1903.
By Floyd L. Carlisle.

CORNELL UNIVERSITY

Initiants — Louis GuHck, Arts, '04, Lockport, N. Y. ; Earl Kel-
sey, Arts, '05, Towanda, N. Y.

In May, EHas H. Kelley, Law, '05, won the '86 Memorial Priize
in Declamation. Harold J. Richardson, Arts, '05, was a competitor
on the same stage. Hugh P. Henry, Law, '05, was elected Editor-
in-Chief of the 1905 Corn^llian, E. H. Kelley, Law, '05, was elected
assistant business manager of the Cornell Daily Sun.

At the commencement exercises in June, A. M. Wright and
F. L. Carlisle received A. B. degrees, and Ernest Bischoff, L. A.
Kilburn, J. W. Knapp, Isaac Allison and M. M. Wyvell received
LL.B. degrees.

During Senior Week the chapter entertained its guests in the
Chapter House.

The state bar examinations were passed by L. A. Kilburn, J. W.
Knapp, A. B. Simons and J. T. Driscoll.

Twelve active members return to begin the present college year.

Officers :

"A," Andrew Rutledge, Jr.
"B," W. S. Peace.
"C," Louis Gulick.
"D," William Duke, Jr.
"E," H. P. Henry.
"F," E. H. Kelley.

NEW YORK UNIVERSITY

A large percentage of the active chapter being seniors, the
preparations for bar examinations occupied most of May and June.

Following the convention there was only one meeting, at which
officers for the coming year were elected:

"A," G. E. Draper.
"B." J. M. M. Boland.

'Cr E. J. Wilson.

'E/' A. B. Widdecombe.
"E," G. J. Corbett.
"F," Henry S. Austin.

. •

.'/•* .-

DELTA OHI QUARTERLY 27

UNIVERSITY OF MINNESOTA

Initiants :

Charles O. Lundquist, Middle, '04.

Dan P. Smythe, Senior, '03.

J. Arthur Thompson, Junior, '05.

Clio G. Landon, Junior, '05.
A. L. Myers was elected chairman of the College Play Com-
mittee. The Alumni on April 25, sent a delegation to confer with
the active chapter concerning a chapter house. A committee with
full power to act was appointed to rent a chapter house for the com-
ing year. On June ist the chapter entertained with an informal'
dance.

Officers :

'A," M. W. Moore.

'B," Harry Thomas.

"C," A. L. Myers.

"D," Charles Beagle.

"E," George Riebeth.
<(-p ff ti it

UNIVERSITY OF MICHIGAN

On June 17th the 1893 and 1894 classes of the chapter held an
enthusiastic reunion.

The House Fund has been generously subscribed to, and the
purchase of the property now occupied by the chapter seems a cer-
tainty.

Prospects for the coming year arc exceptionally bright.

Officers :

"A," William Hanlon.
"B," O. R. Leiter.
"C," Thomas R. Waters.
"D," John a: Havre.
"E," Frederick Maguire.
"F," William Weeks.

DICKINSON

Initiant (honorary) :

Hon. Frederick W. Fleitz, Deputy Attorney-General of Penn-
sylvania, Harrisburg, Pa. .
During the spring Edward L. Dively captained the Varsity
baseball team. James E. Fleitz, president of the Athletic Association,
with Paul A. A. Core and Charles A. Spencer, were members ot
the track team.

Harry A. Hillyer was elected president of the Comus Club.

28 DELTA CHI QUARTERLY

On June 5, the eleventh annual banquet was held. Hon. A. V.
Dively, Hon. L. P. Holcomb and A. F. John, "AA," were present

Nine men graduated in June.
Officers :

'A," Joseph E. Fleitz.

'B," Frank P. Benjamin.

'C/' E. F. Hiller.

'D," W. L. Houck.

'E," Charles A. Spencer.

"F," M. D. Patterson.

NORTHWESTERN UNIVERSITY

On April 8th the chapter presented the Law School with a hand-
some clock, bearing an appropriate inscription. The clock was
placed in the students' lounging and smoking room.

The May bar examination of the Illinois Board of Law Ex-
aminers was held in the Law School. Eight members of the Fra-
ternity, Ahern, of Michigan; Johnson, Wight, Thompson, Peacock
and Miller, of Chicago and Kent ; Deitz and McKinney, of North-
western, passed the examination.

Eleven members return this fall.
Officers :

"A," Benjamin F. J. Odell.

"B," Haynes McKinney.

"C," A. F. Johnson.

"D/' C. E. Knowlton.

"E," C. J. Barber.

"F," Russell Wiles.

CHICAGO-KENT SCHOOL OF LAW

On June 6th the following members of the chapter were gradu-
ated : Harry H. Barnum, Harry C. Hazel, Walter S. Johnson, Theo-
dore C. Robinson, Fillmore W. Tood, William C. Miller, Walter K.
Mcintosh, Joseph F. Peacock, Charles F. Thompson, Byron W.
Wight.

F. W. Tood and H. C. Hazel passed several of the final exam-
inations with a grade of 100.

The chapter actively assisted in the installation of the University
of Chicago Chapter at the Wellington Hotel, May 23d.
Officers :

"A," Harry Lewis Bird.

"B," Walter Stowell Rogers.

*'C," Charles Vincent McErlean.

"D," Charles F. Rathbun.

'*E," Frank L. DeLay.

"F/* Arthur Wm. Cupler.

DELTA CHI QUARTERLY 29

BUFFALO LAW SCHOOL

H. W. Doherty won the prize scholarship of one hundred dollars.
This prize, which is the highest honor in the law school to win, has
for four years been held by members of the chapter.

Ten men graduated from the chapter in June.

Plans are on foot to secure better quarters for the coming year.

Officers :

"A," C. C. Fernno.
"B," R. J. Richardson.
"C," L S. Wood.
"D," F. H. Leaver.
"E," E. M. Robbins.
"F," F. H. House.

OSGOODE HALL

The plans for a permanent chapter house in Toronto have, as
yet, failed to materialize. The Alumni, however, are ready to stand
back of the proposition, and before January the chapter hopes to
move into permanent quarters.

The officers for the coming year have not been reported.

SYRACUSE UNIVERSITY

Initiants :

Orla E. Black, '05, Humphrey, N. Y.
John Joseph Harty, Utica, N. Y.

Officers :

"A," James F. O'Neill.
"B," James W. Hypernon.
"C," Orla D. Black.
"D," Charies L. Crane.
"E," Seth L. Larabee.
"F," C. R. Jackson.

ALBANY LAW SCHOOL

Initiant (honorary) :

Hon. Eugene Bryan, Albany, N. Y.
Affiliated :

Harry Merrill, Cornell, '04.
The annual banquet, held at the Hotel Ten Eyck, May 22nd,
was largely attended. Hon. J. N. Fiero, Judge Termant and Hon.
Eugene Bryan were present.

The chapter is contemplating larger quarters for the coming
year.

30 DELTA CHI QUARTERLY

Officers:

"A," D. C. Salyerds.

'B," H. B. Thomas.

■C," W. W. Norton.
"D," M. R. Frisbie.
"E," M. N. Taylor.
"F," E. C. Jamieson.

OHIO STATE UNIVERSITY

All of the seniors of the chapter passed the state bar examina-
tions held June ist. They were Emory A. Sparrier, Qyde C. Porter,
Herbert I. Kreighbaum, Harry C. Godown and Elza J. Lambert.

The annual banquet held at the Neil House, June 5th, 1903,
was largely attended.

Officers :

"A," C. B. Wander.
"B," A. E. Ward.
"C," Frank Ruth.
"D," Fred Swan.
"E," Harry M. Rankin.
"F," R. C. Taylor.

UNIVERSITY OF WEST VIRGINIA
The illness of the "C" prevented the filing of the spring reports.

NEW YORK LAW SCHOOL

Initiants :

William Bailey, 1904 , Yale, 1901, Somers, N. Y.

Newton Adams, 1904, Princeton, 1903, New York City.

Jonathan Hiller Holmes, 1904, Harvard, 1903, New York
City.

William P. Howe, 1904, Princeton, 1902, New York City.

Frederick C. Russell, 1904, New York City.
Before the summer vacation a committee on a permanent chapter
house was appointed with power to act in securing quarters for the
fall.

Officers :

"A," E. D. Freeman.
"B," L. W. Ross.
"C," C. R. Haviland.
"D," G. W. Harper, Jr.
"E," Fred C. Russell.
"F,'' William Bailey.

DELTA CHI QUARTERLY 31

UNIVERSITY OF CHICAGO

George P. Hambrecht was elected president of the Law School
Council.

Four of the five scholarships which are annually given in the
Law School, have, for the coming year, been awarded to members
of the chapter — Hambrecht, Cochran, Bingham and Moore.

Several of the chapter members spent the summer in the sum-
mer school.

A chapter house for the coming year seems probable.

Oflicers :

"A," G. P. Hambrecht.
"B," John R. Cochran.

'C," J. C Moore.

'D," Frederick K. Dickinson.

'E," E. J. Baum.

T," D. E. Atwood.

GEORGETOWN

The prospects for securing a permanent home for the chapter
during this year are bright. There is a very healthy spirit in
Georgetown, and the fraternity promises to make a strong advance.
The following have been initiated since the installation on May 30 :
E. T. Jones, F. H. Burke, H. J. Mohrman.

Officers :

'A," A. E. Berry.
'B," E. H. Flueck.
•C," W. R. P. Malony.
^D," W. B. Williams.
E, C B. Rix.
"F," C. W. Arth.

ja DELTA CHI QUARTERLY

THE ALUMNI

By John J. Kuhn.

CORNELL

Professor Ernest Wilson Huffcut has been appointed Dean of
the Faculty and Director of the College of Law of Cornell University,
the appointment to take effect at the commencement of the present
college year.

Edward R. O'Malley, '91, returned from a six weeks* business
and pleasure trip in Europe on September 12. He visilted England,
Ireland, Scotland and Paris. He is the senior member of the firm
of O'Malley, Smith & O'Malley, Erie County Savings Bank, Buffalo,
N. Y.

Thomas A. Sullivan, '91, one of the most enthusiastic of the
charter members of the Fraternity is rapidly becoming one of Buf-
falo's more prominent lawyers. He is the junior member of the firm
of Spaulding & Sullivan.

Frederick G. Bagley, '91, was successful in securing the largest
negligence verdict ever recorded in Erie County in one of his cases
last spring. A verdict of $14,000 was rendered against the Grand
Trunk Railroad in favor of his client.

Thomas D. Watkins, '91, is attorney for the New York Central
at Utica, N. Y.

George W. Schurman, '93, brother of President Schurman, of
Cornell, has resigned the position of assistant district attorney in
New York City, and is practicing law at 96 Broadway, New York.

Robert Hedrick Widdicombe, '93, has offices for the practice
of law at 1 93 1 N. Tejon street, Colorado Springs, Col.

Louis H. Krlbourne, '95, is second lieutenant, U. S. A., at Fort
Sill, Oklahoma. Brother Kilbourne, after obtaining the degrees of
L. L. B. and L. L. M. at Cornell, practiced law for five years in
Wellsboro, Pa., before entering the army.

Francis Halsey Boland, '97, was recently married at Baltimore,
Md.

Charles Brown Swartwood, '97, is City Attorney at Elmira,
N. Y.

Daniel Hamner Wells, '97, died dufing the past year at Salt
Lake City. Brother Wells was the winner of the '94 Memorial De-
bate, winner of the Woodford Oratory contest, and a member of
the Cornell Debate team wliich defeated the team from the Univer-
sity of Pennsylvania in 1897. His earnest character and genial spirit
of good fellowship made his death keenly felt by all who knew him.

DELTA CHI QUARTERLY 33

Dr. Ernst Gustav Lorenzen, '99, has accepted a position on the
faculty of the Law Department of the University of Maine. After
taking his degrees of A. B. and LL. B. from Cornell, he spent two
or three years abroad, finally taking his Doctor's degree from
Heidelberg.

W. Martin Watson, '97, is the attorney for the State Bank of
New York, at 376-378 Grand Street, New York.

Reuben L. Haskell, '90, is one of the hustling young attorneys
in Brooklyn, N. Y. His office is at 44 Court Street.

Charles Raymond Cameron, 98, is teaching at San Pedro, Port
of Antique, Panay, Philippine Islands.

Fraser Brown, '00, is connected with the Law Department of the
Title Guarantee and Trust Company of New York. His address is
124 Railroad avenue. White Plains, N. Y.

James P. Magenis, '00, has his law offices located at 5 Court
Street, Boston, Mass.

Dudley K. Wilcox, '02, has opened his law offices at 109 Metcalf
Building, Auburn, N. Y.

BUFFALO

Alfred Hurrell, '02, has located in Altoona, Pa. He accepted a
position with a well-established lawyer of that place last December,
and his prospects are brighter than those of the average young
lawyer. He recently married Miss Gertrude Mason, Buffalo.

T. Edward Redmond, '01, has given up the law for the present
and is with the firm of Howard & Solon, wholesale grocers, Jackson,
Mich. He expects to return to Buffalo within a year to resume
practice.

Herman J. Westwood, formerly of the Cornell Chapter, later
affiiliated with Buffalo, holds a remunerative position under Judge
Warren B. Hooker, of the Fourth Department. His marriage to
Cora Smith, of Buffalo, daughter of Mr. and Mrs. William J. Smith,
was celebrated September 2, 1903. He will be a member of the
faculty of the Buffalo Law School the coming year, fand will lecture
on elementary law.

William H. Gorman, '01, is deputy assistant city attorney of
Buffalo. His term of office expires in 1905. William J. Curtin, of
the same class, is on the staff of the District Attorney of Erie County.

S. Fay Carr, '03, one of Buffalo's delegates to the last Chicago
convention, was married last July. He has entered the office of
Moot, Sprague, Brownell & Marcy in Buffalo.

District Attorney Edward E. Coatsworth, of Erie County, was
the last honorary member to be initiated into the Buffalo Chapter.

34 DELTA CHI QUARTERLY.

Charles Dieboldt, Jr., "BB," of the Supreme Court for the year
1902-03, is with Fisher, Coatsworth & Wende, of Buffalo. During
the present summer he was assigned to an important case which re-
quired him to visit almost every state in the Union. He is meeting
with deserved success.

Charles A. McDonough, '03, has been appointed to a position
as stenographer under the Civil Service in Manila, P. L It pays him
$1400 and also offers opportunity for advancement.

Henry W. Doherty, '03, who won first scholarship prize in the
University of Buffalo graduating class last June, has taken a position
in the office of Senator Gamble, at Yankton, S. D.

Some of Buffalo's honorary members who constitute a great
source of strength to the chapter are State Attorney General John
Cunneen, Adelbert Moot, Judge Edward W. Hatch, First Depart-
ment of the Appelate Division ; Judge Albert Haight, Court of Ap-
peals; Judge Frederick W. Kruse, and Judge Daniel J. Kenefick,
of the Supreme Court, Eighth Judicial District; Hon. Tracy C.
Becker, James L. Quackenbush and E. Coming Townsend, lec-
turers in the Buffalo Law School.

NEW YORK UNIVERSITY

Gonzalo de Quesada, '94, is Cuban Minister to the United
States.

Nathaniel Albert Elsberg, '94, is a well known New York State
Senator.

William J. Barr, '94, is a member of the law firm of Stem, Sing-
er & Barr, at 280 Broadway, New York. Henry B. Singer, '96, is
a member of the same firm.

William F. Quigley, '94, and Jay E. Whiting are members of the
firm of Bodine, Quigley & Whiting, at 256 Broadway, New York.

A. Judson Hyatt, '97, is associated with Frank I. Tierney, '00,
in the practice of the law at 76 William street. New York.

James F. Hurley ,'98, is a member of the firm of Chas. A. Johnson
& Co., calico printers' supplies, at 22 Dey street. New York. Although
Brother Hurley has not followed the practice of law, he takes an
active interest in the Fraternity, and is a frequent visitor at the
rooms of the New York Chapter.

Charles H. Moore, '01, who was for two terms "CC" of the
Supreme Court, is practicing at 2^ William street. New York.

DICKINSON

W. Harrison Walker, is Mayor of Bellefonte, Pa., and associated
in the practice of law with A. L. Forntney, Esq .

DELTA CHI QUARTERLY J5

Charles E. Daniels, '98, is prospering in the practice of law at
Scranton, Pa.

D. Edward Long, '00, is practicing at Chambersburg, Pa., and
has splendid prospects of becoming the next District Attorney of
Franklin County.

Marlin Wolf, '00, a brother beloved by all, died recently at
Southern Pines, N. C. His death was due to Bright's disease. He
had gone South for his health. He was very active in this Chapter
while associated with it, and exceptionally popular with the members.

Herman M. Sypherd, *oo, is trust officer in the leading trust and
safe deposit institution of Atlantic City.

Miles H. Muhr, *oo, Malcom B. Sterrett, '02, and Howard M.
Harpel, '01, have located in Chicago.

Albert S. Longbottom, '03, will practice in Philadelphia.

N. R. Turner, '02, is practicing at Easton, Pa.

Phil M. Graul, '01, has built up a nice practice at Lehighton.
He cames back to visit the Chapter frequently.

Samuel E. Basehore, '01, is located at Mechanicsburg, Pa., and
has been successful in getting a nice share of the Orphans' Court
practice in his community.

Preston A. Vought, Charter Member, is practicing at Mount
Carmel, Pa., and is very prosperous in law, real estate and insur-
ance.

Harry P. Katz, '01, has opened offices in the Stafford Building,
1 1 12 Chestnut street, Philadelphia, and has made a specialty of
bankruptcy work.

Wencel Hartman, Jr., '01, holds the fat berth of bond clerk in
the office of the District Attorney of Philadelphia.

John Bartram Lavens, '02, has abandoned law and is with the
Pennsylvania Electric Vehicle Co., 250 Broad street, Philadelphia.

Robert Holden Moon, '02, has gone to Parkersburg, W. Va.,
where he has opened a law office, and is also engaged in mine bro-
kerage.

MICHIGAN

Frederick W. Bacon, '96, is practicing in Butte, Mont.
Basil B. Adams, '99, is located in Spokane, Washington.

Joseph D. Chamberlain, '00, is established in Dayton, O., and
actively engaged in the practice.

Edwin M. Ashcraft, Jr., '00, was married to Miss Anna Straw-
abridge at Trinity Episcopal Church, Chicago, on October 8th.

Roscoe Call, '02, is practicing in Algona, Iowa.

36 DELTA CHI QUARTERLY

Harry V. Blakley, '03, has located in Flint, Mich.

John A. Haver, '03, has gone to Tulsa, Indian Territory, where
he will engage in practice.

Carlton G. Ferris, '00, formerly "AA," is a member of a pros-
perous firm in Detroit, Mich.

E. W. Eskridge, '02, and A. J. Read, '02, are in partnership in
Kansas City, Mo.

MINNESOTA

Festus L. Bannon, '01, is contracting Freight Agent, with the
Great Northern Railway, at Duluth, Minn.

Dan P. Smythe, '03, is practicing in Pendleton, Oregon.

UNION

James L. Barnes, '92, is practicing in Falls City, Nebraska.

George A. Bingham, '93, is practicing in Rutland, Vt.

C. A. Dunn, '03, is with Thomas D. Watkins, Cornell, '92, one
of the charter members of the fraternity.

Stephen Moran, '01, is with Moot, Sprague, Brownell & Ma'rcy,
one of Buffalo's best firms. The head of the firm is an honorary
member of the fraternity, and four or five members of the office
staff are Delta Chi men.

WEST VIRGINIA

Hardin L. Duval, '03, one of the charter members of the chapter,
died of diptheria, July 28, of this year.

M. M. Neely, '02, and H. S. Lively have formed a partnership
for practice at Fairmount, West Virginia. The firm represents a
company now engaged in abstracting a large coal field.

Robert H. Boyd, '03, has located in Martinsburg, West
Virginia.

OHIO STATF
Charles M. Emery, '03, is located at Stockdale, Ohio.

GEORGETOWN

Frederick H. Burke, '03, is deputy prosecuting attorney in
Washington, Ind.

DELTA CHI QUARTERLY S7

DEPAW

George C. Calvert, '95, has left the profession to become man-
ager of the Indianapolis Clearing House Association.

NORTHWESTERN

Roger L. Dennis, '03, is in Sioux Falls, S. D.
Edward B. Witwer, '00, has been elected secretary of the
Chicago Alumni Association.

CHICAGO-KENT

Edward H. Barron, '00, William J. Kirk, '98, and Vernon W.
Foster, have been elected president, vice-president and treasurer re-
spectively of the Chicago Alumni Association.

Arthur C. Snow, '02, has taken a prominent part in all tennis
tournaments this summer, and, with Edwin M. Ashcraft, Jr., Mich-
igan, *oo, won a majority of the championships in the doubles in
which they competed.

NEW YORK LAW CHAPTER

B. B. Conable, '03, has entered the offices of Moot, Sprague,
Brownell & Marcy, Buffalo, N. Y. He is a graduate of Cornell with
the class of 1901.

Leroy T. Harkness, '03, is practicing in New York, at 26
Liberty Street. Clarence H. Fay, of the same class has also settled
in New York.

OSGOODE HALL

Arthur Graeme Slaight, the present "EE," was married on thej
17th of September to Miss Evelyn Lukes, daughter of Mr. Lewis
Lukes, at St. Thomas' Church, Toronto.

Walter B. Laidlaw is now practicing in Toronto.

Harold E. B. Robertson, who continues to practice in Victoria,
the capital city of British Columbia, was recently married.

J. A. Supple is practicing in his native town of Pembroke, Ont

Valentine Lindsay, one of the recent graduates, intends leaving
shortly to practice in the Canadian Northwest.

J. Carlisle Moore, a member of the Chicago Chapter, is now
studying law in the office of "EE's" firm, Messrs. Holman, Drayton
& Slaight, in Toronto, Ont.

38 DELTA CHI QUARTERLY

BOOK REVIEWS

By Clinton T. Horton.

A Code of Negligence, Being the Law of the State of New York
in respect to Negligence and Kindred Subjects as Declared by
its Courts of Last Resort. By John Leavitt, LL. D., of New
York. Matthew Bender, Albany, N. Y., 1903.

The original edition of this work published in 1895 under the
title, "The Law of Negligence in New York," was the result of an
eflFort on the part of the author to meet the demands of the times
for a codification of the law of negligence. It was, as its author
expressed it, an expanded trial brief, designed to collect the prin-
ciples of this branch of the law and the decisions relating thereto
in such a way as to enable the busy practitioner to find "a case in
point" without a wearisome search through digests and reports. The
present edition brings the work down to date. It gives the gist of
the decisions in 1,700 cases in the Court of Errors and Court of
Appeals besides referring to about 1,800 others in the Appellate
Division. This includes all the cases on the subject in these courts
up to the time the work went to press. The book is divided into
three parts: Part I consisting of cases correlated according to
principles ; Part II giving a brief statement of the facts in each case
reported in the Court of Errors and Court of Appeals in chrono-
logical order; and. Part III, grouping the cases according to the
facts.

The arrangement is somewhat unusual, and the directions for
use found at the end of the preface should be read before one
attempts to use the work. This done, the busy lawyer will find it
a great aid in the preparation of trials and appeals. It is practical,
thorough and accurate, and will form a valuable addition to an
attorney's equipment.

The Law and Practice in Bankruptcy under the National Bank-
ruptcy Act of 1898, with Citations to the Decisions to Date. By
William Miller Collier. Fourth Edition Revised and Enlarged

by William H. Hotchkiss of Buffalo, N. Y., Referee in Bank-
ruptcy for the Western District of New York. Matthew Bender,
Albany, N. Y., 1903.

The fourth edition of this familiar work differs in many ways
from the former editions. Indeed, it is almost a new book under an
old name. The changes, however, are for the better, as they in-
clude many new ideas for the convenient use of the work. Among
other new features are the following: Special attention is paid to
cases under the present statute, although those deemed valuable
under previous laws are also included; citations are in foot notes

DELTA CHI QUARTERLY 39

rather than in the body of the text ; the book contdns synopses of
sections to aid in finding paragraphs; and much space is given
to practice and forms. Another commendable feature is a good
index, so often lacking in works of this character.

All this is in accord with the idea of the reviser to make the
book one for the practitioner rather than the student or expert.
While there are some defects in the way of misprints and some-
times a slight obscurity due to the condensed form of statement,
on the whole the work fulfills the purpose for which it was designed,
and adds materially to the value of the old book.

SHOUBDS, ADGOGK & TEUFEL

Jewelers.

(6 SWc St, cor. Randolph St, ^'^"sr""' CHICAGO

Diamonds, Watches and Sterling Silver.

Imfidirers of

Delta Chi and Other Fraternity Pins

DELTA CHI QUARTERLY

ATTORNEYS DIRECTORY

When necessary to employ counsel in another dty, why not correspond

with a member of Delta Chi

Chicago, September i6, 1903.

To the Editor of the Delta Chi Quarterly :

I am a hearty exponent of the interchange of business between
practicing attorneys, members of the Delta Chi, and have already
had practical proof of the usefulness of carrying one's card in the
Attorneys' Directory. One item of business, which I received from
a brother "Delt" in New York, through this medium, netted the
firm, of which I am a member, $40.00, and I have received two or
three small items of business, which, although of no importance in
themselves, indicate the general feeling that exists among members
of the fraternity in favor of reciprocity.

Within the last week I have had occasion to telegraph a matter
which needed very urgent attention, to a town where I have had
some difficulty in securing satisfactory service, viz: Butte, Mont.
I had learned only a few days before that one of the New York
"Delts" had located in Butte (in fact, he had written me regarding
another matter, taking my name from the Directory) , and as a result,
I wired him and am satisfied that I have found in him what will prove
a valuable correspondent.

Fraternally yours,

HAROLD F. WHITE.

Albany, N. Y.

DANIEL T. CASEY

119 State Street

Of Caskv & QUINN

Altoona, Pa.
J. BANKS KURTZ

5 and 6 Schenk Buildin^i;

Altoona, Pa.
ROBERT A. HENDERSON

Schenk Block

Belle fonte. Pa.
W. HARRISON WALKER

DELTA CHI QUARTERLY

ATTORNEYS' DIBBCTOBY-Continued

Bingbamton^ N. Y.

ALBERT S. BARNES

23 and 24 McNamara Building

Buffalo, N. Y.
JAMES O'MALLEY

3 and 4 Erie County Bank Building
Of 0*Mai,i,by, Smith & 0*Mai,lby

Boston^ Mass.

JAMES P. MAGENIS

Rooms 62 and 65, 5 Tremont Street
Telephone Haymarket 868

Buffalo, N. Y.
CLINTON K. DeGROAT

General Practice
118 Erie County Bank Building

Issue commissions to Clinton K. DeGroat
Notary Public, with Seal

Brooklyn, N. Y.

JOHN J. KUHN

189 Montague Street
(Cornell '98)

Chicago, 111.
JOHN E. AMOS, Jr.

901 Journal Building
lK>ng Distance Telephone Main 4401

Buffalo, N. Y.

EDWARD M. SHELDON

Chicago, HI.
EDWARD H. BARRON

132 Michigan Avenue

Telephone Central 2425

614 Mutual Life Building

Mercantile Litigation

Chciago, 111.
ROBERT CATHERWOOD

1543 Monadnock Block

Telephone Harrison 1281

Buffalo, N. Y.

CHARLES A. ORR

Buffalo Sayings Bank Building

Chicago, 111.
SIDNEY N. REEVE

Room 808, 160 Washington Street
Telephone Main 4084

DELTA CHI QUARTERLY

ATTOBNXYS' DIBBCTOBY--Oontinued

Chicago, 111.

WALTER S. JOHNSON

Room 44, 92 LaSalle Street
Telephone 919 Main

Chicago, HI.

A. A. Mckinley

79 Dearborn Street
(O'Brien & McKinley)

Chicago, 111.

HAYES McKENNEY

1610 Title and Tmst Building
ICX) Washington Street

Chicago, HI.

DANIEL W. FISHELL

1019 Ashland Block

Telephone Central 1547

Chicago, m.

WILLIAM J. KIRK

13 Eldridge Court

Telephone Harrison 654

Chicago, 111.

MARSHALL D. EWELL, M. D.

Suite 618-619, 59 Clark St.

Examiner of

Disputed Hand- writing, Ink, etc.

Chicago, 111.
HAROLD F. WHITE

904-10 The Temple, 184 La SaUe St.

Long Distance Telephone

Main 3815

Chicago, 111.
EDWARD B. WITWER

Room 407, 153 LaSalle Street
Telephone Central 3396

Colorado Springs, Colo.

R. H. WIDDECOMBE

' - ._

Detroit. Mich.

CARLETON G. FERRIS

406 Hammond Building

Telephone 2358
Of Hatch & Pbrris

Dunkirk, N. Y.
KILBURN & SIMONS

315 Lion Street
L. A. KiLBUBM A. B. Simons

Durango, Mexico
Estato de Durango

MANLY D. DAVIS

Apartado 79

Consult me with regrard to Mining
Concessiooi

DELTA CHI QUARTERLY

ATTORNEYS' DIBBC TOBY— Continued

East St. Louis, III

FLANNIGAN & SEITER

R. H. Flannioan O. R. Sbitsb

Jackiesch Building
Phone. Bell East 345 M.

Freeportj 111.

P\TTISON & MITCHELL

DOUGI^ASS PaTTISON
R. B. MiTCHBLI*

Fredonia, N. Y.

CLINTON O. TARBOX

Gosben, Ind.

S. C. HUBBELL

Grand RapidSj Mich.

HOWARD A. THORNTON

Mich. Trust Building

Greenville^ Pa.

GUY THORNE

Greenville National Bank Building

Ithaca, N. Y.
MONROE M. SWEETLAND

147 East State St.

Los Angeles, Cal.

GEORGE L. KEEPER

412 Currier Building

Minneapolis, Minn.

W. R. BROWN

510 New York Life

Minneapolis, Minn.

F. E. COVELL

840 Lumb Street

Minneapolis, Minn.
GEO. W. BUFFINGTON

320 Temple Conrt

Minneapolis, Minn.

H. E. FRYBERGER

904 New York Life

DELTA CHI QUARTERLY

ATTORNEYS' DIBEOTOBY— Continued

Minneapolis^ Minn.

GEORGE R. SMITH

610 Boston Block

New York City
CASE & NEWIORK

L. BABTON CAU L. HABBmOVTOK NCWKIBK

German -American Bid.

Telephone 7965 Cortlandt

Montclair, N.J.

JOHN A. HINES

483 Bloomfield Avenue

New York City
STERLING ST. JOHN

229 Broadway

Mt. Carmelj Pa.

A. R JOHN

6 and 7 Guaranty Trust Building

New York City
J. EDWARD DOWNING

100 Broadway

Newark^ N,J.

JOSEPH KAHRS

164 Market Street

New York City
HENRY C. BROOKS

76 William Street. Cor. Liberty St.
Telephone 4178 John

New Cumberland, Pa.
A. J. FEIGHT

3d and Market Square

New York City
GOODALE, FILES & REESE

71 Wall Street

Wilbur C. Goodale; George W. Pilei;
Richmond J. Reese,

New York City

CHAS. H. MOORE

New York City
CHARLES F. MURPHY

11-19 Williams Street

220 Broadway

DELTA CHI QUARTERLY

ATT0BNXY8' DIBBOTOBY—Oontinued

OakviUCf Ontario

Reading, Pa.

W. ALEC CHISHOLM

HARRY F. KANTNER

43 N. 6th Street

Colborne Street

Dickinson »97

Parkersburg^ Pa.

Rochester, N. Y.

D. CURTIS GANO

ROBERT H. MOON

919, 921 and 923 Granite Building

44 Citizens Bank Building

Prompt attention to all business for
correspondents.

Pbiladelpbiay Pa.

Salt Lake City, Utah

PAUL M. ROSENWEY

C. S. PRICE

1308 Land Title Building

15 and 52 Hooper Building

Pittsburg, Pa.

Salt Lake City, Utah

NEIL ANDREWS

PARLEY P. CHRISTENSEN

246 Lehigh Ayenue

(County Attorney)

Pullman^ Wash.

Salt Lake City, Utah

ROLLIN W DOLE

P. W. KIMBALL

407-408 Auerbach Building

Readings Pa.

Salt Lake City, Utah

OLIVER LENTZ

534 WasliuiKtoti

WILLIAM M. McCREA

22 Bast First South Street

OBLTA CHI QUARTERLY

ATTORNEYS' DIBBOTOBY-^lontinued

Saratoga SpriDgs^ N. Y.

M. E. McTYGUE

14 Town Hall

Sioux Falls, S. D.

SIOUX FALLS SAVINGS BANK

ROGER L. DENNIS
Assistant Cashier

StapletOD, Staten Island
206 Broadway, New York

L. W. WIDDECOMBE

St. Jobnsville, N. Y.

GEORGE C. BUTLER

Syracuse, N. Y.

HARRY H. STONE

402 Kirk Building

Tacozna, Wash.

ARTHUR R. WARREN

501-502 Fidelity Bid.

Telephone Black 1503

TiSn, Ohio

CLYDE C. PORTER

Troy, N. Y.

HARRY B. CLINTON

Trumansburg, N. Y.

CLINTON PAGE

Tulsa, 1. T.
RANDOLPH & HAVER

H. W. Randolph

John A. Haver

Tulsa, I. T.

JOHN A. HAVER

Van Buren, Ark,

HENRY L. FITZHUGH

DELTA CHI QUARTERLY

ATTORNEYS' DIBEOTOBY-Continued

Watertown, N. Y.

BRUCE N. MARTIN

6 Flower Building

Windbery Pa.
GEO. B. SOMERVILLE

Somerset County

48 DELTA CHI QUARTERLY

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TABLE D'HOTE and A'LA CARTE.

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^(^npT/^'Cj' SPECIAL arrangements will be made for the entertainment
i^yy X iv>ii^ ^^ comfort of members of the Delta Chi Fraternity.

FRANCIS A. SAVOUREUX,

Proprietor.

R. A. HEGGIE, 6 BB.O.

Manuf acturera of

Delta Chi Pins a.d Keys.

We Make & Specialty of

Delta Chi Keys.

ITHACA, N. Y.

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DELTA GHI QUARTERLY.

BADGES
AND

PINS

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«re in n«ed of any Society Badg«a or Olaaa Pins write us tox
handaome illustrated booklet and price Uat. W« anbinit
special designs Tben necessary.

HEINTZ BROS ""■"■"""■^i-''-" Buffalo.

ComnieDceinent Invitations and Programs. Meie
Fraternity Note Paper.

We have noexccllecl facilities for tlie proper execution of Calling Cards,
Ceremonial Invitationa and Announcements, Heraldic and Monogram Dies for
Correspondence Papers, Book-FIates, etc. We cairy tbe

iofbi Lines of Cnne's and Hurd's Pupers-Also Cheaper Grades

of Papers for Every Day Use. Write for Quotations and Information.

THE WniTE-EVANS-PENFOLD CO.,

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so iDELTA CHI QUARTERLY.

The One Thing a Student
Should Learn at La^w School

On any question always to consult first the

La^vyers* R.eports Annotated.

To search the Index to Notes knowing, if the
question is annotated in L. R. A. your work is
done. 0 0 M ii 0 0 0

This lesson well learned, and you have a Great Truth by the tail
Nearly every college has some modification of the " Case system. '*
When you have to look up some question go to the ** Index to Notes."
If you haven't one send to us. Mention the Quarterly and we'll
send it free.

Digests may include all cases, but when are you sure you have
found them all ? Text-books are general reviews of broad subjects,
and encyclopaedias are essentially collections of sketchy text-books —
good, bad or indifferent. They all have their value, of course. But
suppose you want help on a brief point like, say : " life insurance^ as
assets of a bankrupf* or ^^do injuries to person and property constitute one
or two causes of action V^ You might, in time, dig it all out of the
other books (as our editors have) if you had all the books and a per-
fect working knowledge of them, but in Lawyers' Reports Annotated
you'll find an exhaustive review of all cases on the subject — a complete
brief— with a full report of the latest.

Look up and get familiar with the Lawyers' Reports Annotated.
There are no reports like them. Every law school should have the set.
The Best of them have.

Your librarian should have some copies of "Where to Look for the
Law." Poke him up if he has not sent to us for some to distribute.

the. lawyers CO-OPE.RATIVE.
PUBLISHING COMPANY.

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Estimates and Designs '"•""'•'••«' Xppiio«tion

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DELTA CHI QUARTERLY 53

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54 DELTA CHI QUARTERLY.

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MANUFACTURER OF

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DELTA CHI PINS, $2.50 UPWARDS.

LAWYER'S COMMON PLACE AND BRIEF BOOK,

WITH AN AlPIIABETIML INDEX OF NEARLY

O^H THOUSAND TITLES Aj4p SUBJECTS.

By a Member of the New York City Bar.

The plan of this work firrew out of the author's own wants, and his experience in uainy
other common-place books. Its practical utility has been tested by his own experience.
The usefulness of some sort of a common-place book is recommended by every practicing
attorney including Fulbec, Rofirer North, Lord Hale, Phillips, and Locke. Lord North aajrs,
"Common-placing is so necessary that without a wonderful. I mi^ht say miraculous
fecundity of memory, three parts of reading: in four will be utterly lost to one who useth it
not." That distininiished and accomplished scholar. William Wirt, remarks. "Old fashioned
economists will tell you never to pass an old nail, or an old horse-shoe, or buckle, or even a
pin. without takin]; it up. because althouKh you may not want it now. you will find use for
it sometime or other." This principle is especially true with regard to le^al knowledge.
The author, in his legal study and practice, has endeavored to seize upon all that is fairly
within his reach, and. by tediousness. drudgery, and wearisomeness (the only way to know
law.) to place a fund of valuable legal knowledge at his ready command. The plan of this
work will be found sufficiently general and systematic. It is best to index according to
subjects, selecting that word which conveys the best idea of the subject or decision. The
margin on the left hand of each page is ruled wide enough to give room for the word or
subject.

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society or college pins that are desired. Send for free catalogue showing
hundreds of designs. Special designs will be made from your suggestions
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Chicago-Kent College of Law

LA>V DEPARTMENT LAKE FOREST WIVHRSITY

ATHEN^UM BUILDING

CHICAGO

FACULry OF LAW

irrorHh.i

u>xt xiUM oinnoK*. ix i>.
Mdimmn Min Law at llECllfmee
•noUAf K- a MkAOUtT. LI.. «.

W.J. PBII(OI«.t.UII.
buiDcalle tulinooa
BO-raoaiMs. U. B

Law ^r tVnasiJ PioMnr.
KLMBtt ■- UAUKrlT. I.L. B. BaCBSTAKT

.KsA nnuwc

1 TndC-llJLDu

LeOotiit Du Crbnliial CsmplMmii
JQBN C HaTHIS, a. B.

toWtuiw on »^»iic Cuip'TiHoo infl

» u, onatux. A- M . I.I. a

•■■r 01 Uia Law of lli'Ufi iVirtuira-

uan um I'lnueniiip
ait.iKT KKYTRU. A. luiLI. D.

I>R- O. rnAXK LTDSTtlti

DAV SESSIONS

nVENINa SESSIONS

111 ctmlplew tbe TUoe

rnlntie* wbo hare

ELMER E. BARRETT. LL. B.

TITLE AND TItUST BUILDINQ - • CHICAQO. lUUNOIS

■

1 Brown— Jarisdiclion of Courts. |

fir TiMorur llUOff N.

I
X

ONCVOLUMC. SECOND CDITIOH. •I.OD NET.

^^^^H

^^H

n* oali wurk vu :liii iui>i«ct ci;vl br tiw U. f SDonaiD Ooivt.

■

1 Hopkins— law of Unfair Trade. |

Ul JAUB4 L. BorlflMS

ONC VOLUME. •O.OO MET.

^^H

1 Tucker-On the U. S. Constitution. |

ut JCJiTN itA.tnor.pa TPoeEiL

SMtKi In f). ir li Tcc«i)L

TWO VOLUME*. CLOTH rr.oo HrT, •Mt«P •m.oo wrT.

^^^^H

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" 1

1 Russell— Police Power of the Stale. |

B* AU'BKtl EOBSIXL

N
T

OnCVOLUWC. BUCKRKW, «.B0 NET.

^^^H

1 Ewart— Law o! Estoppel |

Br JliQS S. lIWfcaT-

ONC VOLUME. tS-OO NCT.

^^^H

W
0
R
K

• • -l» li wnnkr at tin noiK rwowtfal trMtoiimi; iTarr
U*r«rirmiini«ttv«r»T*rul raullnf of In (i la a nluBtila cni»

■

1 Sims— Law of Covenants. |

R( llXMtr UPSUM ^lilM.

^^^H

OMr VOLUME. KaanNrr. ^^^^H

Ktni wlib Und *ill Boa tUi tuck ^ pnuHtlal HM-" *"

-DumuL 1.4" immau.

■

0«r law caUloKti« u wen u dsKTlptlre circulara ot tlw

forsoliix leat en ^ppIkjiUon to

■

I
X

Callaghan & Co.,

Chicago. - - Illinois.

■

iELTA CJ
QIMRTERLY

PUBl'

(CM (hia onl kDd istom to tba BailD«« UkiiBfar. )

DKI^TA CHI QUARTERLY

cmcAoo. 11^.

IW..

Hw following lilt of rnemben of Dalta Chi liva in my loealitf
and would doabtlem be interested in the new fraternity pablication.

NainS- Address

I{ain& -. Addresa

Natna.^ .-... Addrees

Nam« Address

(Oat Itall oat and n

a tlw Bub1d«m Humim.)

DBLTA CHI QUARTERLY

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[ hereby authorize you to insert my name in the Attorney's Direc-
tory of the Delta Chi Quarterly tor a period of one year (four inser-
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City or Town

(Oat ihia oDt uid n

t> th* Boaloeu Haoofsr J

DELTA CHI QUARTERLY

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I hereby subscribe for the Delta Chi Quarterly for a period of one

year, fonunetioing. 190.... >

for wUeb I agree to pay Fifty Cents (f.60) per year.

Name..,. ,

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wc rone fti !■ .. " > /vnntxuneirio tmk
N or

'>'t Reports

CONTENTS

DelU Chi Chapter Roll ... - 2

Fraternity Officers . . . . . 3

Chapter Officers . . _ . . ^

The Relation of Procedure to the Substantive Law - 5

Michigan's Chapter House .... i^

Delta Chi Music 16

My First Moose Hunt - - - . . ig
Editorials -------28

Chapters in Western Colleges . - - - 32

Chapter Correspondence - - - - - 34

News of the Alumni ----- ^g

Irrevalent and Immaterial - - - - 4Q

Book Reviews - - - - - 51

Attorneys' Directory - - - - - 54

The . . .

Delta Chi
Quarterly

JAMES O-MALLEY,

■<llt*r-la-Ckl*r

ErI* Cennly Bank Balldlnt.

Buffalo, N. Y.

MANTON M. WYVELL.

BmdDM UaBittr.

Ithftoft. N. Y.

•nd IM Braadw*7, N«w YorK CIlT

npRE DelU Ch< Quarterl7 i:
the official oteau of lb

Celt Chi Pratemily, eiUbllsli
ed br the Eiahth Anoual Con

1901. Published in Jaauarr
April. JuIt and October of tad

Manaeer,

Articles OD teial topics

coutribuilona ol aederal 1

led from all tDcmber*.

DELTA CHI CHAPTER ROLL

ACTIVE C2iAPTERS

Established.

Cornell University 1890

New York University 1891

Albany Law School (Withdrawn 1893) 1892

University of Minnesota 1892

De Pauw University (Withdrawn 1896) 1892

University of Michigan 1892

Dickinson University 1893

Northwestern University 1893

Chicago-Kent Law School 1894

University of Buffalo 1897

Osgoode Hall of Toronto 1897

Syracuse University 1899

Union College 1901

University of West Virginia 1902

Ohio State University 1902

New York Law School 1902

University of Chicago 1903

Georgetown University 1903

ALUMNI CHAPTERS
CTiicago Chapter 1902

New York City Chapter 1903

FRATERNITY OFFI<

«Dr

HONORARY

President
Hon. Wm. B. Hornblower, of New York City.

Vice-President,
Professor Ernest W. Huffcut, of Ithaca.

Second Vice-President,
Hon. Marshall D. Evvell, of Chicago.

Orator.
J, Francis Tucker, of New York City,

Poet.
Fred'k C, Woodward, of Chicago.

ACTIVE

Mr. a. Frank John, "AA," Dickinson, 'oo, Mount Carmel, Pa.
Mr. Marcus R. Hart, "BB," Michigan, '04, Ann Arbor, Mich.

Mr. Floyd L. Carlisle, ''CC,*' Cornell, '03, Watertown, N. Y.

Mr. EIdward C. Nettels, "DD," Chicago- Kent, 'go, Des Moines
Iowa.

Mr. Arthur G. Slaght, "EE," Osgoode Hall, '01, Toronto,
Canada.

CHAPTER

31 99^nt 9

CORNELL UNIVERSITY
"C" Louis R. Gulick D«lta Chi House, Ithaca, N. Y.

NEW YORK UNIVERSITY
C" Lester Stokes Abberley 891 Putnam Avenue, Brooklyn, N. Y.

««

UNIVERSITY OF MINNESOTA
"C H. C. Flannery 2416 Blaisdell Avenue, Minneapolis, Minn.

UNIVERSITY OF MICHIGAN
"C" Richard B. Blake Delta Chi House, Ann Arbor, Mich.

DICKINSON UNIVERSITY
"C" E. Foster Heller Delta Chi House, Carlisle, Pa.

NORTHWESTERN UNIVERSITY
"C" Max Murdock 518 Church Street, Evanston, 111.

CHICAGO-KENT SCHOOL OF LAW
*^C" Rolland J. Hamilton 463 The Rookery, Chicago, III.

UNIVERSITY OF BUFFALO
"C" Irving S. Wood 204 Whitney Place, Buflfalo, N. Y.

OSGOODE HALL
"C" Arthur J. Thompson Toronto, Canada.

SYRACUSE UNIVERSITY
"C" Orla E. Black 665 Madison Street, Syracuse, N. Y.

UNION COLLEGE
"C" William B. Zimmer Delta Chi House, Albany, N. Y.

OHIO STATE UNIVERSITY
'^C" Frank C. Ruth 529 City Park Avenue, Columbus, O.

UNIVERSITY OF WEST VIRGINIA
**C" Guy F. Stout Morganstown, W. Va.

NEW YORK LAW SCHOOL
"C" C. R. Haviland 66 Clinton Avenue, Jamaica, N. Y.

UNIVERSITY OF CHICAGO
"C" Maurice Wallbrum 4952 Vincennes Avenue, Chicago, 111.

GEORGETOWN UNIVERSITY LAW SCHOOL
"C" W. R. P. Maloney 804 N. Carolina Avenue, Washington, D. C.

J. NKWTON }-IKRO
I. Known Lw-aX-'Aitihih anu IHsan of 1
I,Aw Uki'artmknt op Union Cullkou

ASTOff, LP VOX AMD

1 f

DELTA CM^QUARTERLY

Vol. n

JANTJABT, 1004

No. 1

THE RELATION OF PROCEDURE TO THE

SUBSTANTIVE LAW

By J. Newton Fiero

"Procedure is the mode by which a legal right is enforced, as dis-
tinguished from the law which gives or defines the right, and which by
means of the proceeding, the Court has to administer. The machinery as
distinguished from the product. — Lush^ L,J.^ in Payser vs. Minors, 7 U, B,
Div. 333,

Among the many claims of Jeremy Bentham to the respect and
admiration of the lawyers of England and America, is the adoption
of a new legal nomenclature. Some of the terms used by Bentham
have passed away as inexpressive or inconvenient. Many others re-
main and have become a part of the language of legal literature.
Among those that have found a permanent place is the
term "Substantive Law," as applied to the great body of the law
of rights and obligations ; while among those which have fallen into
more or less disuse is the phrase "Adjective Law," as applied to the
la-w of remedies. The term "Procedure" has, to a very great extent,
taken the place of the term "Adjective Law," used by Bentham,
although it is said that this use of the word was unfamiliar in Eng-
lish law until the passing of the Common Law Procedure acts, the
first of which, based upon the reports of the law commissioners made
in the early thirties, became a law only a little more than half a
century ago.

The Supreme Court of the United States (Kring vs. Missouri,
107 U. S, 231) defines Procedure to include "Whatever is embraced
by the three technical terms, pleading, evidence and practice," al-
though many authorities do not include the law of evidence in pro-
cedure.

The relation between the whole body of the law which gives and
defines rights, and that part devoted to the enforcing of such rights,
has been well expressed by the statement that the Substantive Law
is primary, even, in a sense, creative. It is the law to be adminis-
tered as distinguished from the method of administration. Adjec-
tive Law, on the other hand, is secondary in its purpose, as its name
imports. It exists for the sake of something else — for the sake of
the Substantive Law. It operates only when invoked to maintain
or redress a particular right given by the Substantive Law.

Holland (Elements of Jurisprudence, 78) says of the Substan-

6 DELTA CHI QUARTERLY

tive Law, "It defines the rights which it will aid, and specifies the
way in which it will aid them. So far as it defines, thereby creat-
ing, it is 'Substantive Law/ So far as it provides a method of aid-
ing and protecting, it is 'Adjective Law,' or Procedure." He de-
fines (316) the law of Procedure as comprising "the rules for select-
ing the jurisdiction which has cognizance of the matter in question ;
ascertaining the Court which is appropriate for the decision of the
matter; setting in motion the machinery of the Court so as to
procure the decision ; and setting in motion the physical force by
which the judgment of the Court is, in the last resort, to be rendered
effectual."

Another writer has distinguished the Law of Rights and the
Law of Remedies as respectively the law which contains the rules of
persons and property, and the law which provides the manner of en-
forcing them.

Professor Bryce, in considering Roman and English legislation
(Studies in History and Jurisprudence, p. 697) refers to what he
states to be a common feature of the Roman and English systems,
namely, that the courts in the earlier stages were not concerned with
abstract propositions of law so much as with the remedies, and that
it is by entering judgment for the plaintiff or the defendant, in pur-
suance of certain reasons which they delivered publicly, that the
courts became sources of law. Thus indicating the very close re-
lation which exists, and always has existed, between Procedure, on
the one hand, and Substantive Law on the other, and to some extent
giving the explanation of the prominent place given Procedure in
all systems of jurisprudence.

All writers agree upon the undue importance attached in the
earlier days of the law to the method or machinery as distinguished
from the substantive law, or the product. This is strongly expressed
by Sir Henry Maine (Works, p. 429), who calls attention to this
feature of the early Roman law, and adds this generalization upon the
subject : "So great is the ascendency of the law of actions in the in-
fancy of courts of justice, that Substantive Law has at least the look
of being gradually secreted in the interstices of procedure, and the
early lawyer can only see the law through the envelope of technical
forms."

Judge Holmes (The Common Law, p. 253) says: "Whenever
we trace a leading doctrine of substantive law back far enough, we
are likely to find some forgotten circumstance of procedure at its
source." The intimate relation between procedure and sustantive
law, and the important bearing methods of practice had upon the
development of the law of rights, is very fully treated and clearly
shown by Professor Lee in his Historical Jurisprudence, tracing the
development of the law from the earliest historical times to the
present.

Of the subordination of rights to remedies in the earlier days of

DELTA CHI QUARTERLY 7

the common law it is said by Pollock and Maitland (History of Eng-
lish Law) to have been a characteristic -mark of ancient bodies of
law; that it is particularly noticeable in our own law, and endures
until modern times. Adding the significant statement, "And natur-
ally, for our common law is the law of courts which gradually ac-
quired their jurisdiction by the development and interpretation of
procedural formulas."

Hepburn (The Development of Code Pleading, p. 32) says: "A
century this side of the G^nquest the business of the popular courts
was still not so much to try a case through the patient sifting of tes-
timony as to determine what formula a party should follow in order
to prove his case. Formalism was the characteristic, the vital spirit
of procedure. Little or nothing: was left to judicial discretion ; the
judges were responsible only for the application of iron rules."

Again he says : "At the outset, and for centuries after the be-
ginnings of our law as an established system, there was no clear con-
ception of Substantive Law as such. The whole legal theory was
embodied in forms of remedy. Ceremonies had been embalmed as
primary and immutable principles of law. Forms and modes of
procedure stood in the place of substantive rights ; nor could justice
see beyond them or above them."

If illustration were needed as to the extent to which formalism,
or formulary laws, which we now designate as Procedure, dominated
the courts and controlled the administration of justice, attention need
only be called to the "Proof by Ordeal" and "Wager of Battel," the
latter of which was in force in New York up to 1786, and was in-
voked in Ashford vs Thornton (i B. & Aid. 405) in the King's
Bench in 18 18, being repealed immediately after.

While this is an extreme instance, the technicality which pro-
vided upward of seventy writs for the commencement of Common
Law actions, and required the plaintiff at his peril to elect the proper
writ at the commencement of his action, or in default to fail in ob-
taining relief, together with the well-known and oft-criticised abuses
arising out of and connected with special pleading at Common Law,
fully illustrates the position which Procedure had attained, not in
aid of, but by way of obstruction, to the administration of the Sub-
stantive Law.

Bigelow (History of Procedure in England, p. 247) calls atten-
tion to the fact that pleading in common law actions was done in
language formulated by ancient usage and requiring great exactness
of statement, and that a party was entitled to take advantage of
the slightest flaw or mistake in language by his adversary.

The situation as it existed in this country previous to 1846 is
best expressed in the language of David Dudley Field, the "Father
of the Codes." He says : "It seems clear that neither the forms of
remedies nor the mode in which they are stated require the com-
plexity in which both are now enveloped. The embarrassments to

8 DELTA CHI QUARTERLY

which they have given rise have resulted from no difficulty in deter-
mining the real rights of parties, but simply in the means of enforcing
them ; and in this respect we feel no hesitation in recommending that
the retention of forms, which serves no valuable purpose, should no
longer constitute a portion of the remedial law of this State. Let
our courts be hereafter confined in their adjudications to questions
of substantial right, and not to the nice balancing of the question
whether the party has conformed himself to the arbitary and absurd
nomenclature imposed upon him by rules, the reason of which, it
they ever possessed that quality, has long since ceased to exist, and
the continuance of which is a reproach to the age in which we live."

Lord Chief Justice Coleridge expresses the views upon this
subject which led to the enactment of the Judicature Act of 1873 ^"
England, saying that the common law method of procedure had be-
come associated with narrow technicality and substantial injustice.
He follows this by his oft-quoted statement with reference to the
condition of affairs previous to the enactment of that statute, "That
the science of statement was far more important than the substance
of the right, and that rights of litigants themselves 'were compara-
tively unimportant, unless they illustrated some obscure, interesting
and subtile point of the science of stating those points."

The outcome of this criticism and discussion was the adoption
of the Reformed Procedure in New York, followed by its adoption in
other states, until twenty-six of the jurisdictions in this country fol-
low the Code system, and the passage of the Judicature Act in Eng-
land in 1873, together with the rules for -which the act provides,
which placed practice in England upon substantially the same basis.
Since then the system has largely been adopted in the English col-
onies and dependencies.

The English act is exceedingly brief, and is supplemented by
rules very much less than one-third of the number of sections em-
bodied in the New York Code. It is conceded on all hands, even by
the opponents of the Reformed Procedure, that the reform has been
successful, and has proven satisfactory to the public, the Bar and
the Bench, and little or no criticism is made with regard to its oper-
ation.

On the other hand Procedure under the Code in this country
has not been entirely satisfactory, and objections have arisen upon
the ground that it has substituted a set of regulations almost equally
technical with the Common Law rules which it replaced. This
complaint is almost universal in those states which have the most
elaborate systems of procedure under the Code. The greater amount
of detail embodied in the statutory enactments relating to practice, the
wider the dissatisfaction and the more frequent the criticism with
regard to the workings of the system.

In the states having Practice Acts, modeled not upon the Re-
formed Procedure, but following to a very considerable extent the

MARCUS R. HART. "Ull" J-l.UVD I„ CARLISLE. -CC"

ARTKUR <;. SLA(;H'r. ■■K.K" KDWARD C. NETTLKS. -IJD''

DELTA CHI QUARTERLY 9

Common Law prartioe, the system adopted has, upon the whole been
more satisfactory than in the jurisdictions known as Code states.
This fact is from time to time presented as an argument against the
codification of tl^e practice. This is very far from the truth. In
the states referred to the system adopted is much less elaborate, the
changes fewer in number, and the details of the practice are not re-
fined upon and elaborated, and hence its operation is more satisfac-
tory and less open to adverse criticism. Connecticut is a typical
State having the shortest Practice Act, and a less number of rules
regulating the practice than any other jurisdiction. Here questions
of Procedure are comparatively infrequent because held to be rela-
tively unimportant by reason of the fact that, because of their gener-
ality, they do not exert an undue degree of influence upon the deter-
mination of causes.

It is true also in those Code states where the practice most nearly
conforms to the standard of the Field Code, such as Missouri and
California, that there has been less occasion for criticism, and the
method of procedure operates far more satisfactorily than in those
states which have attempted a more elaborate and complicated
method.

New York, on the other hand, with a Code which has been ex-
panded to 3,441 sections, has been the subject of adverse criticism
as to its methods of practice ever since the present Code went into
effect in 1877. This sentiment found voice in an official manner in
a report made to the legislature of New York in 1903 by a commit-
tee of fifteen appointed by the governor to report "concerning the
condition of the statutes and laws of the state." At the head of the
commission was Chief Judge Parker, and among its members were
former Chief Judge Andrews, three judges, either then sitting or
who have been members of the Court of Appeals, two justices of the
Supreme Court, the attorney general of the state, and representa-
tive members of the Bar. The report quotes with approval the lan-
guage of the committee of the American Bar Association on Uni-
formity of Procedure in its report to that body in 1898:

*'In recent years there has been a marked indisposition on the
part of the common law states to adopt a Code procedure, or even
to take any steps in that direction. And it may perhaps be fairly
said that this is very largely due to the marked failure of the present
New York Code, which bears but slight resemblance to the Code of
1848, of which it is the successor, and has aptly been characterized as
revision gone mad. Whatever may be the cause, there has been
a reaction against the reformed procedure, as enacted by the legis-
latures of the several states, based largely upon the ground that it is
too minute and technical, and lacks elasticity and adaptibility, and
the question agitates the Bar of this country as to whether in its
present form it is an improvement upon the common law, and what,
if any, is the remedy for existing conditions."

10 DELTA CHI QUARTERLY

Bearing very strongly upon this point, and not to be omitted in
its consideration, is the conceded fact that from the enactment of the
Field Code in 1848, up to 1877, aside from the unfriendly criticism
of the champions of the old system, very little reason for complaint
was to be found in the administration of justice under the Field
Code. Its 473 sections covered general rules relative to practice,
aside from those relating to special actions and special proceedings,
and its practical workings were eminently satisfactory to the pro-
fession. For the explanation of the failure of the Throop Code of
1877, w^ must go back to the experience of earlier days and the
technical practice under the Common Law methods already re-
ferred to.

The more elaborate Codes, particularly the Throop Code, now
in operation in New York, have, instead of taking a step in advance
by way of simplicity, gone backward to the old method of complex-
ity, and established the ancient and unsatisfactory relation between
Procedure and Substantive Law, by which the substance was made
subsidiary to the form, and from which the Codes were intended
to be a means of escape.

The infinite variety of detail enforcing strict technical methods
as to every step to be taken in each action and proceeding has em-
barrassed, and is embarrassing, the administration of justice to a
greater or less extent in nearly all the states which have adopted
the Reformed Procedure. They have, to some extent, the vices of
the Throop Code adopted in the State of New York, of which David
Dudley Field said, when arguing against its adoption, "It is not com-
prehensive, which a Code must be ; it is minute, which a Code must
not be. It undertakes to provide JFor every case by an enumeration
of particulars, while a Code makes provision for the same things by
general enactments."

The difference in method between the English Judiciary Act, and
the rules adopted for its enforcement, and the Throop Code, as to
matter of detail, will be appreciated by a single illustration. The
Orders adopted in 1883 under the Judiciary Act contain a single
rule, consisting of less than a dozen lines, relative to "Discovery in
Aid of Execution," under which the "Annual Practice" (cor-
responding to our annotated codes) for a recent year cites less than
a score of authorities covering two pages of that work. In the New
York Code forty sections are devoted to the same subject under
the title "Supplementary Proceedings." The authorities cover
sixty pages of one of the annotated Codes, and are numbered, not
by scores, but by hundreds, if not by thousands. The one statute
illustrates the convenience of simplicity, the other the inconveni-
ence and dangers of over refinement, subtlety and technicality.

The problem for the law maker is to restore the true relation
between Procedure and the Substantive Law ; a relation which was
sought to be established, and with a very large degree of success,

DELTA CHI QUARTERLY ii

through the Field Code and those Codes which substantially adopted
its methods and principles.

This can only be brought about by giving a wider discretion
to the courts, and confiding to the judges greater discretionary
powers with regard to matters of practice.

Pollock and Maitland (History of English Law, vol. 2, p. 560)
say : "It must not escape us that a law about 'Actions in general* in-
volves the exercise by our judges of wide discretionary powers. If
the rules of procedure take now-^-days a far more general shape than
that which they took in the past centuries, this is because we have
been persuaded that no rules of procedure can be special enough to
do good justice in all particular cases." Commenting upon the
failure of the attempts under the old practice to cover satisfactorily
all details, the same authors say (p. 561) : "It is just because we
know that such rules as these, particular though they may be, are
not particular enough, that we have recourse to an exceedingly gen-
eral rule, tempered by judicial discretion."

In the Science of Law and Law Making, Qarke, p. 444, con-
siders the superiority of rules of the court over statutory enactments
relative to practice, and expresses himself decidedly in favor of such
rules by reason of their elasticity and wide discretion given to the
courts. Without adopting his views as to the preference to be
given rules over statutes, his argument is unanswerable as against the
variety of detail which has been introduced into our modern
statutes relative to practice. His conclusion that in matters of pro-
cedure a judge should be given wide discretion is amply sustained by
his facts. ,

As I write my attention is called to a recommendation made by
the Justices of the Supreme Court in the City of New York to a
commission appointed to inquire into and report upon a remedy fof
the delays in litigation in that city. Foremost among the sug-
gestions is :

"Simplifying procedure through a revision of the Code, making
the Code provisions more general."

This is merely another plea for wider discretionary powers in
matters of practice.

No more emphatic endorsement of the views herein presented
could well be given than the matured views of judges who have for
many years wrestled with the problems arising out of complicated
and technical methods of procedure, and who make an earnest
argfument for simplicity and generalization.

It is said by a leading authority, "As time goes on there is
always a larger room for discretion in the law of procedure, but dis-
cretionary powers can only be safely entrusted to judges whose im-
partiality is above suspicion,and whose every act is exposed to public
and professional criticism." This discretion could not safely be

. 12 DELTA CHI QUARTERLY

confided to judges in the early days. It can and is safely entrusted
to the judges of the English and American courts.

It is largely because a wider scope is given to the discretion of
the English judges by the Judicature Act that the system adopted
in England in 1873 has been more successful than the methods
adopted in our own country. This is also true with regard to the
operation of the Field Code, by which the discretion of the judges
was not hampered to the extent in which it is fettered by the Throop
Code and those enacted in many other jurisdictions, containing an
unnecessary amount of detail.

That a wider discretion is confided to the English judges than
is given by our own Codes in not only a matter of theory, and that
the exercise of that discretion is most satisfactory, I can attest by
personal experience, through the courtesy of the officers and judges
of the English High Court of Justice, spending, as I did, upon their
invitation, a considerable portion of several days with masters and
judges while disposing of the class of business which comes before
our Special Terms. It was apparent that a very wide latitude was
given by the statutes and rules of practice to the judicial discretion
in disposing of all questions, outside of those relating to substantive
law. By reason of the fact two objects are accomplished — less time
and attention is naturally and necessarily given to matters of form,
as compared with the substance of the litigation, thus saving an
immense deal of valuable time to the Bar and the Bench, and aiding
very much in the rapid disposition of litigated matters, an object of
great importance in most jurisdictions, and especially so in the State
and City of New York.

Still further they were attaining the prime object of a fair and
equitable disposition of questions arising in each particular case
according to its peculiar facts and special equities. The judge and
master, not being bound by a rigid formalism, or hampered by tech-
nical statutory provisions, under which they were obliged to deter-
mine questions of practice and procedure without reference to the
right of the case, were, on the contrary, without violating any
statute, rule or precedent, enabled to dispose of each question ot
practice as it arose, upon its own merits.

This being so, there is no reason why the same degree of dis-
cretion should not be confided to the judges of our own courts. No
one can say that our judges are not the equals of those abroad in
learning, ability and integrity, and if the rights of parties, so far
as matters of practice are concerned, can to so large an extent be
safely entrusted to the discretion of members of the English courts,
the same degree of discretion can be safely entrustd to the members
of the Bench in this country. ,

By bringing Procedure and Substantive Law in their true re-
lation to each other, through the elimination of unnecessary and
troublesome technicalities, the "Law's delays" will be to a great

DELTA CHI QUARTERLY 13

extent obviated by the inability of counsel to raise quibbles and ob-
jections which do not go to the substance of the litigation, and the
lawyer who desires to devote his time and attention to the merits
of the case will no longer be distracted by the necessity for a careful
examination with regard to indifferent and immaterial points of
practice which only serve as occasions of vexation and annoyance.

The experience then in England and in the states having short
practice acts or codes, conforming substantially to the Field Code,
indicates the satisfactory operation of simple methods of procedure
along broad general lines, and the results in New York under a
code notable for the futility of an attempt to restore technical rules
to their one-time importance, lead to the conclusion on the one hand
that the common law practice still in vog^e in many states can be
profitably modified by the omission of technical provisions, or ad-
vantageously revised by the introduction of simpler and less com-
plicated methods; and on the other hand as to the Codes which
have been amplified to such an extent that the procedure has become
cumbersome and inconvenient, so that they fail to remedy the evils
of the old method, it is clear that early and prompt action by thorough
revision, excision and condensation is necessary to save them from
the mischievous delays and cumbersome formalities which serve to
render the reform procedure a fair target for adverse criticism, and
many instances a reproach to the administration of justice.

In the words of a distinguished lawyer, discussing the law's
delays, in answering the question put by himself, "What, then,
is the remedy?," the answer is "It is to reduce the bulk, clear out
the refuse, condense and arrange the residuum, so that the people
and the lawyer and the judge as well may know what they have
to practice and obey. This is codification, nothing more and nothing
less."

Albany, N. Y,, December 21, 1903.

14 DELTA CHI QUARTERLY

MICHIGAN'S CHAPTER HOUSE

By H. R. Fullerton^ ^904

For the first two years of its existence, the Michigan Chapter
of Delta Chi was located in a smaB home on Forest Avenue, in the
eastern portion of Ann Arbor. Realizing that an imposing locking
chapter house lends distinction to a fraternity and aids it materially
in its prestige among other fraternities, the then active members of
the chapter laid plans to secure a better home. The old Wright
mansion on Hill and State Streets was offered for rent, and the
committee immediately leased it for seven years at a yearly rental
of one thousand dollars.

The heavy rent was paid by the chapter by distributing the
burden among the various rooms. The fact that, at this rate, the
Fraternity in a few years, would have paid full value, and more,
of the house in rent, led to the appointment of a committee to devise
ways and means of purchasing the place. For some reason or other
this committee was unable to push the project at that time, and for
several years nothing more was done.

In 1901, the first lease ran out and the owner, beine anxious
to sell the property, a second lease of three years was with no little
difficulty obtained by the chapter. Even then, we were compelled
to signify our intention of purchasing. Again a committee was ap-
pointed, and several plans were taken under consideration. First the
scheme of issuing bonds was started. This plan failed to come to
any satisfactory end. Secondly, the voluntary subscription plan was
put in motion, and again was it found that nothing could be done.

About this time, January, 1903, another fraternity began
negotiations for the property. This crowd offered the full purchase
price in cash. Of course, we were then compelled to act. A new
committee was appointed, and a circular letter was issued to our
alumni, asking for aid in our predicament. Several answers were
received, and we were enabled to make a part payment of the pur-
chase price to show our good faith and intention to retain the
home. During the following summer, personal letters were written
to the alumni setting forth the facts of our situation, and aid was
promised as soon as we had perfected some feasible plan.

Upon the opening of this college year, the present committee
was appointed : H. R. Fullerton, chairman : George W. Gregory,
H. B. Salot, E. H. Smith and James A. Rawlins. Acting under
the advice of Mr. Robert Campbell, a charter member of our chap-
ter, residing at Jackson, Mich., we made arrangements where-
by a stock company is to be organized. The company is to be
controlled by a board of five directors, three alumni and two active
members. Mr. Campbell has kindly consented to perfect the or-
ganization of the corporation.

According to this plan, another letter, specifying these arrange-

MICHIGAN'S NliW HUMK

DELTA CHI QUARTERLY 15

ments, together with an enthusiastic personal letter by Brother
Campbell, was sent out. Up to the present time many subscrip-
tions to stock in this company have been received. Another letter
will be written urging immediate action on the part of those who
have not yet responded.

The present home of the chapter was not built for a fraternity
house and consequently there is room for much improvement. The
house is a three-story combination stone and frame structure, fac-
ing west on State Street. It is located on the slope of a hill, and
is about half-way between the Athletic Field and the University. On
the south side of the house is a long and broad veranda overlooking
the lawn and Hill Street. The lower half of the front is covered
by a creeping vine which, in spring and summer months, completely
hides from view the rock foundation, and renders the front of the
house very attractive.

The lawn for the most part lies to the west and south of the
house, and is terraced high from both Hill and State Streets.

The site is undoubtedly the best in Ann Harbor, and our iden-
tification with the place has become so complete that we cannot now
afford to move away from it without injuring ourselves materially
in prestige. Because of these facts and the improbability of our
being able to erect a new home in the near future, we determined
to remain in the present location.

The first floor is given over to parlors, a smoking room, a large
hall vestibule, dining-room and kitdiens. The front and back par-
lors are wdl-equipped with divans, chairs, window seats and piano.
They are divided by a middle piece containing grates opening into
each of the parlors. On either side of this middle piece are arched
doorways leading from one parlor to the other. The hall-vestibule
is tastefully decorated with the pennants of the leading universities
of the United States. The smoking and reading room is furnished
with rugs, a table and a bookcase. A wide settee runs around the
sides of the nx)m.

The second and third floors are given over to sleeping and
study-rooms. We are unfortunate in having to sleep and study in
the same room, as the rooms are not arranged in suites, and we
have no dormitory. This defect can easily be remedied and doubt-
less will be when we have succeeded in putting this house-buying
proposition on a firm financial basis. The entire house is heated by
furnace and lighted by gas.

There is no doubt that our home has been the source of much
aid to us not only in the way of bringing us closer together and fos-
tering fraternal ties, but in placing us among the leading fraternities
in the University, in the political, social and rushing lines. It is
Michigan's hope that every chapter can secure a home in the near
future, for we have derived much pleasure and benefit from our
diapter house.

i6 DELTA CHI QUARTERLY

DELTA CHI MUSIC

Every Delta Chi, whether he be alumnus or undergraduate
will, upon a little serious reflection, realize the importance of pre-
serving and enlarging the collection of our Fraternity music. The
"frat. song" is a positive necessity to the undergraduate. He would
not consider joining a fraternity unless it had at least a few good
songs and a rousing chorus or two. They are, as it were, a part of
his initiation, and he does not think he "belongs" till he has sung
them. These songs tend as much, if not more than any other
thing, to rouse the fraternal spirit within his breast and make a "good
fellow" of him. What would his meetings be without them ? They
are as necessary to his fraternity as an Alma Mater song is to his
university or college, and have a very similar effect upon him. The
university constantly acquires new "college songs" as its growth
and the talents of its "sons" furnish new inspirations. How
eagerly the best of these are welcomed, and how carefully they are
collected and preserved. So it should be with the Fraternity and
its songs. "Undergrads" should be encouraged to give freely to
the Fraternity the results and fruits of their talents, and to com-
pose words and music for new songs. Let them not be over bash-
ful or unappreciative of their own ability, let them do their best. If
the work be good, they will have conferred a lasting favor to the
order and to their "brothers as yet unborn." If it be not worthy of
immortality, no harm has been done. To the alumnus, who is apt
to think of his school and college days, the happiest of his life, the
"frat song" and the Alma Mater song are the best expression of
those days, and recall and sum up the happiest hours of those happy
days.

At the annual banquets, conventions or meetings of the alumni
the "frat song" should and generally does play an important part.
There is nothing which binds together more strongly the active chap-
ters and the alumni.

The convention held at New York realized the importance of
preserving and enlarging our collection of music, and appointed
the writer as chairman of a committee to see what can be done along
this line. We have decided to appeal to the members of the Fra-
ternity for assistance in this work. It is only by their assistance
that such a collection can be made. The chapter officers should be
of great help in this work, and all who will volunteer such aid to the
committee will render it a great favor, and deserve the gratitude of
the Fraternity at large.

If you know of any Delta Chi songs or music, or can unearth
any from the archives of the Fraternity, or find them among your old
papers or repeat them from memory, please send them to Harry
Hyde Barnum, 510 Tacoma Building, Chicago, 111. Act to-day.

DELTA CHI QUARTERLY 17

Don't put it off till to-morrow — to-morrow never comes.

The committee has in its possession at the present time the
following :

(ist) Delta Chi Song (Air, "Comrades When Fm No More
Drinking'') ; (2nd) Brothers Dear (Air, "Auld Lang Syne") ; (3rd)
Sons of Delta Chi (Air, "The Brave Old Oak") ; (4th) Happy
Delta Chis (Air, unknown to the committee) : (5th) Since I First
Met You (Air, "Since I First Met You," "Sultan of Sulu") ; (6th)
Here's to Good Ale (Air, "Buttercup," arranged, "Pinafore") ;
(7th) "A Toast to Delta Qii," words and music by F. Joslyn Baum
(University of Chicago); (8th) Delta Chi march and two-step,
same author.

The writer will be pleased to send copies while they last to
brothers writing for same. We have no doubt there are many more
old songs of the same kind known. We understand Buffalo Chap-
ter has at least two others which we find referred to in the "CC's"
general letter, No. 001, of October 17th, 1900, and hope some one
who knows them will send them in. In a few years more, it will be
impossible to secure these missing songs, and many of them are
probably already lost beyond recovery.

In adition to the regular songs, the committee desires the music
of the chapter whistles. The one used by the Michigan Chapter was
adopted at the Eighth Convention as the Fraternity whistle. We
desire the music of this and any others used by the various chap-
ters. Besides the regular Delta Chi songs, there are also certain
songs, snatches of music, and "musical stunts," which, while not
strictly Fraternity music in the narrower meaning of the words,
have been and still are sung when Delts get together. Some of them
are used exclusively by Delta Chis. Among these, and as a sample
of what is meant, the words of a little "musical stunt," introduced
a few years ago into the Qiicago Chapter with success, are here
given:

"He was a bold, bad man;
He was a desperado.
He struck the town like a wild tornado.
All all night long this gay gazabo.
Every time he took a drink, he yelled. Oh! Oh!"
(Followed by the Fraternity yell.)

It is not claimed that the above words possess any great literary
merit, but the air they are sung to is "catchy," and the general
effect rousing. The various chapters must have similar stunts; in
fact, the writer has heard several from the Cornell and Dickinson
Chapters during the last two conventions. The alumni will perhaps
remember others used in the past. Send them in. If you can't
write music yourself, whistle it over to some friend who can. Don't
put it off. // is important to secure new songs as well as to pre-

i8 DELTA CHI QUARTERLY

serve the old ones. The new University of Chicago Chapter has
furnished a new song and a twostep by F. Joslyn Baum. Let the
other and older chapters follow this good example. Let everybody
with any talent in this direction get to work. If you can't write
words, write music ; a waltz, for example, or set the Delta Chi yell
to music. If you can't write music, write words to some of the
old popular college songs, or popular songs of the day. Among its
many members. Delta Chi must have many poets and musicians.
Let us hear from them. Will you help?

HARRY HYDE BARNUM,

Chicago-Kent, '03.

DELTA CHI QUARTERLY 19

BUY FIRST MOOSE HUNT

By Rufus G. Shirley

"Wdl, thai certainly does kx)k inviting ; I guess 111 have some
of that in tiie near future. Hello, let me luive 3608 Broad. Is this
3608 Broad?"

*^es "

"Is Jerry in?"

"Just hold the wire; he wiH be there in a moment."

''Hello, is that you, Jerry?" "Yes," came back the answer.

"Say; I have just received a prospectus of the moose grounds
of the N. L. F. & G. Qub, which you know is situated up on the
Ottawa River, and fairly close to Kippawa Lake. How would wu
like to go up there with me and have a crack at one of those mon-
archs of the woods ?"

"Would I like it? You just bet I would like it ; and every soli-
tary thing that I can do to make plans and arrangements to accom-
pany you I certainly will not leave untried."

The above conversation took place during the month of May
of last year, and as time wore along, the proposed trip to the moose
fields brought increasing interest and expectancy. My imagination
soared higher and highner, until one month had elapsed from the
first thought of journeying up into the moose grounds. The last of
June and the first of July began to show uncertainty in my partner's
plans as to whether he could accompany me or not, and finally,
after repeated trials on his part to so arrange matters, I was com-
pelled to abandon the thought of having with me one of the finest
sportsmen of which New York boasts.

After numerous attempts to have other members of the club
join me, finally on the very last of September I unexpectedly secured
a friend to accompany me to the woods. It was planned to leave
New York City on Sunday, the 27th of September. I was waiting
patiently for my friend to meet me for the 7 o'clock train for Mon-
treal. He finally hove in sight, and when the most important ques-
tion that could possibly be put to a man on a contemplated trip of
that sort was asked : "Where is your gun ?" he said, "For Heaven's
sake, I have Heft it at home." After half an hour's tedious wait, a
very much bribed "cabby" appeared with the necessary shooting
iron, and at 7 130 "we were moving toward the moose grounds.

A few arrangements being made in Beauchene we left at i
o'clock for Beauchene Lake with two fine old mules that could only
walk three miles in two hours. Taking my little 22-gun I went
ahead of the team that was hauling the provisions, canoes and camp
equipage, and before long I had secured a dozen fine partridges which
helped to make the first night in camp one of the finest I spent there.

In the morning the keen woodcraft of the guides was soon to

20 DELTA CHI QUARTERLY

manifest itsdf. They called attention to the different sounds heard
during the night, and, pointing out numerous tracks, informed us
that there were deer, moose, caribou, wolves, wolverines and numer-
ous smaller animals in the region.

On Wednesday morning, the 30th, "Sam" and "Ben," our two
faithful guides, started out in a canoe to find the log cabin, a picture
of which appears herewith. At about i o'clock they returned with
the goods news that they had found it, and reported that it was in
very good condition and rain proof.

The first actual day spent in the quest for moose was Friday,
the 2nd of October, and in paddling across the lake we came across
some tracks, which, by their size, indicated that some monstrous old
bulls were roaming around in quest of their mates. But the allur-
ing calls of the guides from their birch horns were productive of no
more than a far-off answer from a lonely bull that refused to be
tempted out of the bush.

After a conference the following morning, we decided to
change our headquarters. We packed up, and in our canoes
paddled slowly up the lake, through the narrows, leaving the large
island to the east, and went about 300 yards beyond its easternmost
point. Just as we cleared it, "Ben" Parent, the guide in the forward
boat, was seen to turn around quite suddenly, and no sooner had he
turned than my glance followed his. Back of the point of the
island were seen plainly a large bull, a cow and another moose.
The other canoe being much more lightly loaded than mine and
nearer that side of the island, its occupants continued forward and
I went back to the other side to skirt the bend of the island.

We started at full speed, paddling for our respective positions.
When I had paddled about a third of a mile I heard three shots from
the other boat, which indicated that the moose were about to leave
the island. The shots did not take effect, for the moose ran down
the side of the island, and, instead of crossing over and following
the shore of the lake to where my canoe was located and swimming
the shortest distance to reach the mainland, they started to swim
directly across, a distance of about 300 yards. Just as they entered
the water, I heard five more shots fired in rapid succession. Look-
ing over toward where the old bull was swimming I could see the
shots strike to his right and left.

I shot without adjusting the sights. The shot went true, but
fell short. Again I fired with one notch raised in my gun and
landed a little bit closer. I noticed that the shot fell very close to
the moose which still continued to swim in my direction, and with
the third notch of my sight raised I landed a shot at the point practi-
cally where the water struck his back. At the same moment I said
to my guide, " 'Sam, I will get that fellow ; I can hit him when he
comes out of the water and puts his front legs on the bank."

The words had no sooner left my mouth than his front legs
were on the bank, and a second later, the fifth shot, the last in my

"I ■■

];i:al'("iiksi; lake.

DELTA CHI QUARTERLY 21

magazine, rang out, and "Sam'* spoke those words, the most joyful
a hunter's ears will ever hear as long as he lives, "You've hit him !"

A'll this time old Mr. Bull Moose and his ladv companion were
swimming across the Narrows, and to prove to you that even a
moose can do a gentlemanly act, even under the most aggravating
circumstances, he deliberately stepped aside when they reached the
bank and allowed his fair companion to precede him. She
started to break her way through the snags and underbrush, and
passed out of sight into the woods. The bull also went the same
way.

I paddled for dear life to where my moose went out. of the
water and into the woods, and, after having gone twenty feet, came
across a brok-en piece of tree with enough blood on its side to in-
dicate that the moose was very badly injured.

After travelling not more than a quarter of a mile, all of a
sudden my guide jumped back and behind me like a flash. One
single exclamation from "Sam," "Bull Moose !" explained his sudden
retreat. He had sigfhted the monster chargfing: straigfht at us, and
immediately sought refuge in a tree.

Just as I saw the moose he saw me, and instantly I fired with my
30-40 Winchester at a distance of about one hundred feet. No
sooner had he been hit, than he put his head down and charged
directly at me. Owing to trees and underbrush it was impossible
to get a clear sight. He came about fifty feet closer, charging
like a locomotive broken loose and running wild through the
woods. I let him have another behind his right fore leg, which
seemed to break that member, for his left leg began to get tangled
up with his right, and, after one or two more steps toward me he
turned off to the left. No sooner had he turned his back than I
stepped quickly to the left and gave him another shot behind his
left fore leg. Down he went. He was up again in a second's
time. But another shot in the shoulder caused him to drop, and
within two or three niinutcs one of the gamest animals the woods
ever contained rested his head on the moss and fallen leaves, and
tlie last death gurgle could be heard coming from his lungs.

He was my first moose and my feeling just at that time I can-
not adequately describe.

By measurement we found that his spread of antlers was forty-
eight and one-half inches. He was six and one-half feet high at
the shoulders, and eight and one-half feet long. It was the guide's
opinion that his weight was in the neighborhood of 1,000 pounds.

Several long blasts on my whistle brought, from away in the
distance, an answering caill, and within fifteen minutes the other
members of the party came upon the scene.

"We'll have to determine whose moose this is," was the first
remark from the newcomers.

On examination it was discovered that the most vital shots had

22 DELTA CHI QUARTERLY

been fired from the other boat. You can imagine my chagrin and

disappointment.

"The moose is yours," I replied.

After one and a half hours' laborous work his head was de-
tached and his hide also taken, and shortly afterwards we started
from the narrows back to our original camp.

Sunday morning we struck down through the middle of our
preserve for a little jaunt. Looking toward the north end of the lake,
I could see distinctly the house of Russico, occupied by an old her-
mit by the name of WiMiam Mayne. We visited him in his strange
haunts and found his principal food to consist of musk-rats, skunks,
dry bread, tea and water. The old man received us very hospitably,
and bade us welcome to what little he had, and for the provisions
which we added to his cupboard he was deeply grateful.

Never did I imagine what others told about wolves was so
true as I found from actual experience. Throughout Monday, Tues-
day and Wednesday nights we heard their bowlings. The amount
of game they destroy must be enormous.

On Tuesday morning we started out under the directions of
William Mayne, and followed the creek about three miles back into
the woods.

When in the lead about one hundred feet, rounding the ledge
of a slanting rock, I scared up a large spruce partridge. When
I had traveled about fifty feet I noticed a disturbance in the
leaves some distance ahead. Believing the partridge was making
the rustle, I took careful sight and waited. I noticed one leaf in
particular moving, and concluded that behind it the partridge was
probably doing just a little bit of "rubbering," the same as I. After
taking careful aim at the one leaf mentioned I pulled the trigger.

Well, you should have been around there to see me dust and
hustle out of that locality, for there was the greatest howl following
that I ever heard. I immediately shouted to "Sam" to come with
my big gun.

There was not a sound to be heard. Using the nose of the gun
to push the leaves away, I found very much to my surprise that I
had hit a gray timber wolf directly between the eyes. He was ijring
stone dead, and never knew what had hit him. We decided that he
had been hunting partridges also, and it probably was as much of
a surprise to him as to us to find that we were anywhere near eadi
other.

On Thursday morning we were awakened at about 6 130 o'clock
by a drizzling rain, and it was not at all pleasant to be without any
shelter except a rubber blanket. Nevertheless, I was not at all put
out by such inconveniences, and was determined not to go back to
the shanty until I had met with some success. I had been told that
the swamps there were excellent calling grounds for moose.

Friday morning we came back to the first lake, arriving there

DELTA CHI QUARTERLY ^3

very early. We saw several young canvas back ducks swimming
fairly close to the shore.

"Sam," I said, "did you ever hear of the superstition of plucking
the middle feather out of a duck's tail, then shortly afterwards
shooting a partridge and going out for moose and killing one
before 10:30?" Of course, "Sam" had never heard of any such
thing,

Without much trouble the tailfeather was obtained and put
in my hat. We passed back of the old shanty, our headquarters,
and made for Beauchene Lake, and after paddling for about
an hour arrived at the Narrows.

We followed the trail as closely as possible and found tracks
going the same way as we were, up toward the marshes. We had not
gone more than haJf way before I saw evidence that some moose had
traveled on ahead of us.

We picked our way carefully from tuft to tuft, and from rock
to stick, for fear of sinking into the mire of this marsh. Near the
middle of it, Sam gave a low "bah" on his horn, imitating the first cry
of the moose. Scarcely a minute passed when I heard a noise and
looking behind me saw Sam rushing toward the middle of the
marsh until he came to a big tree. Then he proceeded to inform
me that a bull moose was coming. I concluded that I was too close
to the brush to be able to see the moose before 'he came out into
daylight. I picked my way carefully for about seventy-five feet
toward the middle of the marsh and then motioned for Sam to
call again. The second call "bah, bah," immediately brought forth
a rousing old answer from the bull.

The next second he let out a roar that gave us a cold chill.
Looking up in that direction we saw, against the sky line, a moose
that looked enchanted, the sun striking his horns and giving them
the appearance of a g^reyish white. One more call from "Sam"
caused him to lower his head and plunge down the side of the hiH
toward us. When he started he must have been one hundred and fifty
feet away. I wanted to get a good shot, being unwilling to take
chances, or of missing him by having the bullet get mixed
up with any trees. Another call from "Sam" caused him to
come toward me. I moved a Hide bit and he instantly stopped,
put his head up and looked one way and then the other. When
his head was in a straight line with his body, I took careful
aim. He got the contents of a 30-40 Winchester just where the
neck joins the body. With one mighty jump he landed in full
view near the edge of the marsh, probably not more than seventy-
five feet away. His left side was a trifle turned, and, taking
careful aim, I gave him a shot behind his left leg. He turned in-
stantly, and erfiibiting his left side once more, a third shot hit
him a little bit higher in the left shoirider. He ran as only an in-
furiated and badly wounded animal can run, breaking things right

14 DELTA CHI QUARTERLY

and left, and had anything been in his way right at that time it
would have been difficult to pick up the remains after he had passed.

I motioned "Sam" to follow me, but he said "Not yet, not
yet. Bull not dead."

I told him that of course he was not dead, but that he was
probably traveling faster than we could and I was not willing to
have him increase the distance. He told me that if we would give
the bull a chance he would lie down and we could follow him up
later, but that didn't suit my idea of the proper way to handle this
moose. Respecting his Indian training, however, and the
experience of his race in handling animals for generations, we
followed slowly through the woods, and had hard-ly travelled ten
feet back from the swamp when we found enough blood to make
it very clear that the bull had two or three very bad wounds. It
was easy to take up the trail, and after about a quarter of a mile,
we came upon his lordship lying down and looking straight at us.
He rose once more to his feet and came fully twenty feet toward us.
With the distance only about ten feet away I gave him a shot in
the left side, and stepping a little bit to the right, gave him the
last shot in my magazine. Examination afterward showed a
pretty triangle in his left side, almost as perfect as could have
been drawn on a blackboard. All three shots entered his Itmgs
and passed out through his right chest. Any one of them would
have been sufficient to kill him and he certainly could not have
survived the night.

A little later I noted a very quizzical expression on "Sam's
face, and asked him what the matter was.

"Well, do you know, Fve just been thinking that there must
be something in the middle feather out of a duck's tail. Do you
think you can get one for me?"

"I will try," I replied.

"By golly, I would like to have one like tliat : it must be ele-
gant luck," he answered, and I promised that I would endeavor
to shoot another duck.

On Sunday we packed up all our goods to start back toward
Beauchene. While Sam was seated outside the shanty door, pre-
paring the ears, nose and scalp of the moose head. I saw in the
lake, and very close to the shore, two enormous canvas-back ducks,
I made my way slowly and carefully toward the shore of the lake
until I mUvSt have been within seventy-five feet of the ducks. They
did not mind me in the least. Taking careful aim, I fired, and to
my great satisfaction, killed one of them. Desirous of obtaining tiie
middle feather of this duck for "Sam," I walked over and took my
birch bark and paddled slowly over the lake to where the duck was.
In carelessly reaching over the side of the canoe I lost my balance. I
endeavered to regain it, grabbed the duck and threw him into
the boat but went over the other side. There I was in the middle

»-»»

DELTA CHI QUARTERLY 25

of the lake, with all my clothes on, and with fifteen pounds of cart-
ridges in my shooting jacket and with heavy socks and boots.
When I came to the surface I struck out for the canoe. It was
truly the hardest swimming I ever experienced and I have done
a g^eat deal. Swimming about twenty-five feet to the canoe
I knew positively that if I was not successful in this attempt, that
my chances of going to "Davy Jones" locker were of the very
best. I seized one of the paddles. The canoe was upside down
and with my left arm I turned the bow toward shore and started
to kick, using the paddle as a sweep, with the handle under my right
arm. In that way I made some progress.

"Sam" in the meantime ran to the shore to see what he
cotdd find to give me some assistance, and finally got astride
of an enormous log. His progress was just as slow as mine, but he
shouted to me to hang on. After about 20 minutes of this work
I lost all power of my body from my waist down, and once my left
arm slipped from the bow. I was positive that it was "good-bye,"
but I caught on again with my right hand, and hanging on to the
paddle I struggled pretty hard and finally got my left arm over
the upturned tow of the boat. Ten minutes afterward, or after thirty
minutes in the water, I finally struck tottom. It was very cold,
but I got up toward the shore almost powerless to help myself. I
finally rolled over in the bushes and started in to exercise.

But Sam got his feather from the duck and the last I saw of
him was when he wore a great big Indian grin and the feather
securely pinned on his hat, the same as mine.

My experience on this moose-shooting trip, leads me to rec-
commend to any contemplating a similar trip, plenty of old and
warm clothes and, atove all things, a rifle that will stop large
game and not permit it to run through the woods with every chance
of being lost on account of inability to follow the trail. I strongly
recommend a rifle of 45-70 calibre for moose hunting, which will
send along a good heavy bullet to stop a moose in short order, and
thus lessen its chances of getting away and dying in the woods.

I have tried to recite my experiences on this hunt in as simple
and cvery-day language as possible, and have not the slightest idea
what impression it will make on the reader.

DELTA CHI QUARTERLY

PLANS FOR THE CONVENTION

The Tenth Annual Convention of the Fraternity will be held
in Ithaca on the 7th, 8th and 9th of April, 1904. The Cornell
Chapter has appointed the following committee of alumni to raise
funds and make arrangements for the convention: Elo)rd L. Car-
lisle, '03, chairman, 8 Stone Street, Watertown, N. Y. ; Thomas D.
Sullivan, '91, 509 Mooney Building, Buffalo, N. Y. ; Elmer A. Den-
ton, '92, Ithaca, N. Y. ; Thomas D. Watkins, '93, Martin Building,
Utica, N. Y. ; John J. Hassett, '94, Robinson Building, Elmira, N. Y. ;
Stephen E. Banks, '95, Ithaca, N. Y. ; William C. White, '95, 22
Pine Street, New York City; Michael L. Ryan, '96, New Brighton,
Staten Island, N. Y; Oliver D. Burden, '97, Bastable Building,
Syracuse, N. Y. ; John J. Kuhn, '98, 189 Montague Street, Brook-
lyn, N. Y. ; Ernst G. Lorenzen, '99, Professor University of Maine,
Bangor, Me. ; William M. McCrea,'oo, 51 Hooper Building, Salt Lake
City, Utah; James O'Malley, '01, Erie County Bank Building,
Buffalo, N. Y. ; Dudley K. Wilcox, '02, 109 Metcalf Building,
Auburn, N. Y.

The sessions of the convention will be held in the new
chapter house, and much of the entertainment of the dd^ates will
be held there. It is the plan of the committee to instill into all
visiting delegates the idea and advantages of a chapter house. The
Mother Chapter is more fortunate than other chapters in this re-
gard, and her example ought to work great good. The younger
chapters can profit from the experience of the Mother Chapter. It
is hoped that at the convention a movement wiM be made toward
requiring every chapter to own or lease a chapter house.

The entertainment of the attending delegates and visiting mem-
bers will be given considerable attention. A tour of inspection of
the University buildings, libraries and laboratories, a cross-country
trip to Taughannock and a banquet, besides lunches and im-
promtu entertainments will fill up the hours when the convention is
not in session.

Business of the convention will fill up most of the mornings
and afternoons. It was found at the last convention that not enough
time had been allotted to the sessions, and care will be taken that this
year there will be plenty of time to thoroughly discuss and pass upon
the matters that come before the convention.

The following questions seem likely to arise for decision:

The provision for the publication of a Fraternity Catalogue to be
illustrated with portraits of prominent members, which will contain
a history of the Fraternity in general, and of each chapter, and a
sketch of each member. This work will run over a period of longer
than a year, and the first steps toward it must be taken at the
convention.

DELTA CHI QUARTERLY 27

Another question which seems certain to arise is that of re-
quiring each chapter to maintain a chapter house, and to make it
obligatory on the part of each chapter to do so, and a violation of
the nde, to be gound for revocation of a charter. A number of
the chapters have recommended this to the "XX" and it will
probably arouse considerable interest.

The future management of "The Quarterly" will be a further
question to arise. The policy of the Fraternity expansion will also
be before the convention. Some chapters signify a desire for
few chapters and some for many. Certain petitions will undoubt-
edly come before the convention.

The suggestion has also been made that there be a revision
and change in the duties of certain officers of the "XX."

The committee on songs is busily engaged in compiling a book
which will be submitted for the approval of the convention.

Inasmuch as the convention is to be hedd with the Mother
Chapter, a g^eat eflFort will be made to have as many charter mem-
bers of the fraternity as possible return. On the last day of the
convention a banquet will be given at which it is hoped all of the
founders of the Fraternity will be present. Nothing could be more
prc^tabde to attending delegates than the presence and advice of
the men who actually put the Fraternity into being.

The committee on the convention invites correspondence with
any member of the Fraternity in relation to matters which may
arise and issues a cordial invitation to every member of the Frater-
nity to be present.

It has also been suggested that care be taken to have the minutes
of the convention printed within a few days after the convention
and have them sent to every member of the Fraternity.

28 DELTA CHI QUARTERLY

The Delta Ghi Quarterly

Published at Ithaca, New York

Jambs O'Mallby, Editor-in-Chief,

4 Erie Co. Savings Bank, Buffalo, N. Y.

BOARD or EDITORS

Manton M. Wyvxll, Business Manager,
Ithaca, N. Y. and 120 Broadway, N. Y. City

ASSOCIATES

Floyd L. Caklislb. Chap. Correspondence,
8 Stone Street. Watertown, N. Y.

CUNTON T. HOBTON,

932 Prudential Building, Buffalo, N. Y.

Mabcus R. Habt,

DelU Chi House, Ann Arbor, Mich.

John J. Kuhn, Alumni Page,

189 Montague Street, Brooklyn, N. Y,

Habolo F. Whitb,

The Temple. Chicago, IlL

Frbdbbick H. Housb,
94 Erie Co. Savings Bank, Buffalo, N. Y.

LbBOY T. HABKNBSBy

27 Liberty Street, New York City

EDITORIALS

The "CC" informs us that several of the chapters pay little
or no heed to his appealls for information for the purpose of com-
piling chapter letters. Two of the chapters have failed to extend
the courtesy of a reply, though no less than ten letters have been
written to each. One of the chapters seems as good as disorgan-
ized, while up to the middle of December, two had failed to take
in even one initiant. Of the two failing to send in a report during
the fall, one was, but a few months hence, suppliant for a char-
ter of Delta Chi, offering its faithful pledges to support the best
interests of the Fraternity.

This situation, as outlined, is cause for keen regret. It ought
to be remedied, and if it continues to exist without improvement,
should be dealt with summarily. The most effective means that
suggests itself, namely the revocation of the charter of those chap-
ters which apparently assume this attitude of indifference, is the last
that should be adopted. But even such action may be justifiable in

DELTA CHI QUARTERLY ap

the eyes of delegates to the next convention. To preserve the tree
it is frequently necessary to cut out the dead wood. As an exemplary
punishment, if for no other reason, "The Quarterly" would urge
the application of this principle in the Fraternity. A chapter but
half aHve is worse than no diapter at 2SA, and is merely a dead
weight on the necks of those that are able and willing to push
ahead. The sooner, then, that the Fraternity begins to unload, the
more rapid will be its progress. The delegates to the tenth annual
convention should come prepared to revoke, rather than to grant
charters.

U U U

In this issue the committee appointed at the last convention for
the purpose of collecting and preserving Fraternity music has given
a brief outline of its plans. This article, which was prepared by
Brother Bamum, chairman of the committee, has a special interest
for every member of the Fraternity. More especially, however, it
should appeal to undergraduates of musical talent, many of whom
have ability and abundance of time for writing catchy songs. The
importance of preserving and increasing the number of Delta Chi
songs is brought out forcibly and cleverly by the chairman of the
committee, and his article is PAmestly commended to the readers of
this issue. Let everyone heed the appeal made by the committee.
Above all, read what its chairman has to say.

U U U

J. Newton Fiero, who contributes a highly valuable article
to the present issue, is one of the foremost legal students in the State
of New York. He is dean of the Law Department of Union Col-
lege. He is also a leading practitioner of the State and a well
known authority. One of his latest and best books, "Fiero on
Torts," has just come from the press. In addition, he is an enthu-
siastic member of Delta Chi, being an honorary member of the
Cornell Chapter. His membership in the Fraternity would, of it-
sdf, make a contribtrtion from him of interest to all members, but
his standing as a lawyer, as a student and as a teacher of eminence,
win bring to the subject he treats here the earnest attention which it
deserves. The preparation of this article must of necessity have made
a great demand upon the time of a very busy man, and consequently

30 DELTA CHI QUARTERLY

required no little sacrifice on the writer's part. Hence, we wish to
convey to him our deepest sense of appreciation of his splendid
favor to "The Quarteriy."

U U U

A splendid picture of Michigan's new Chapter House is pub-
lished in this issue. It is accompanied by an article which explains
the struggle encountered at the beginning of the movement for
purchasing the property, and the means by which the proposition
was finally taken up and solved. This article, together with that
published in the October issue on ComeU's New Home, ought to be
of g^eat value to other chapters which are contemplating the pur-
chase of property. Both Michigan and Cornell are to be warmly
congratulated. Their success must necessarily lend incentive to the
others. Which chapter will be the next to own a home ?

U U U

The convention, which is to be held with the Cornell Chapter
in April, will have a special feature of interest, namely the plan
for bringing back the charter members of the original chapter. The
members of the committee in charge are to be highly commended
for their efforts in this direction. It is to be earnestly hoped that
they will be successful. It may be impossible to secure the attend-
ance of all the charter members, but the presence of the majority
will lend an inspiration to the event. We urge the co-operation of
all Corndll men toward the furtherance of the plan.

U U U

It is a supreme pleasure to receive a contribution such as
Brother Shirley of the New York University Chapter has given to
this issue. This article, besides being of a unique and highly in-
teresting character, was prepared by the writer with no little amount
of effort and expense. The editor assumes the responsibility of
a breach of confidence without reluctance, by informing the readers
of "The Quarterly" that the writer of the article refused a flatter-
ing oflFer from Field and Stream for the story of his "Moose Hunt."
A deep interest in the success of "The Quarterly" and a warm
heart for Delta Chi ak>ne prompted him to relate his experiences in

DELTA CHI QUARTERLY 31

these columns. We give him our assurance that the favor he has
conferred is accepted in the same warm spirit in which it was
given.

U U U

In the October issue it was pointed out that the success or
failure of this publication will be determined solely by the attitude
of the alumni. If they place the stamp of approval upon the work
by showing their interest in it, success is bound to attend the enter-
prise. It is needless to say that a word of encouragement from
an alumnus is warmly welcomed by the editors of "The Quarterly/*
and as evidence of our appreciation, we print an extract from an
enthusiastic 'letter received from Albert W. Shaw, Minnesota Chap-
ter, '93, which was received early in November.

He wrote : "I was very much gratified to receive my first copy
of *The Quarterly," and wish to congratulate you upon the neat and
comprehensive character of the periodical and to commend the enter-
prise which has produced so creditable a volume in spite of the
obstacles which must have been encountered. May its success be
long and continuous. For several years I have not been in touch
with the chapters of our Fraternity, but "The Quarterly" will serve
to keep up the interest of myself and other alumni in our beloved
Fraternity, and to revive the active interest we once had in its

success."

This letter sounds the keynote of Delta Chi spirit and sets forth
the exact purpose for the establishment and maintenance of this
publication. It shows that the older members, like Mr. Shaw, must
necessarily lose their interest without some means of keeping them
in touch with the chapters and active workers. The publication
ought to receive universal support Not only are subscriptions
needed, but also contributions from alumni. Personal notes of
members should be sent to the editor of the Alumni page. Articles
of general interest and communications offering suggestions will be
gladly received and published. Subscriptions should be sent to
the business manager at Ithaca, N. Y.

32 DELTA CHI QUARTERLY

CHAPTERS IN WESTERN COLLEGES

Perhaps an opinion of an alumnus of the "Mother Chapter,"
whose home is in the West, with reference to the proposed installa-
tion of new chapters of Delta Chi in Western colleges, having de-
partments of law, will be of some interest to members of the Fra-
ternity, both active and graduate.

Time was when the Michigan Chapter, the Minnesota Chap-
ter, the Ohio Chapter and the Chicago Chapters would have been
considered as working among the redskins of the "Far West," for
the "Far West" has been always travelling farther west imtil now
it is in the "Far Elast," mirabile dictu!

But in speaking of Western colleges we have reference to those
of the prairie states, those of the Rocky Mountain region and those
of the Pacific coast. Some day we wiM perhaps consider the in-
stallation of chapters in Hawaii and in the domains of the Sultan
of Sulu.

With the Colleges of Law in the Universities of Kansas and
Nebraska I am almost wholly unfamiliar, but I bdieve that it will
be admitted that in scholarsnip those institutions are well worthy
of our attention. Always providing that the right sort of men can
be found to begin with, I can see no reason for withholding char-
ters from the colleges of those states. They are not so far re-
moved from the chapters already established as to render it im-*
possible for them to be represented in Fraternity councils and, it
is to be noted, are situated in a region of g^eat commercial import-
ance, and consequently a section productive of much legal business.

With the possible exception of Colorado, I do not believe that
the Rocky Mountain States, at present, boast of a college of law
in any manner adapted to receive a chapter of our Fraternity. In
the University of Colorado we may soon find conditions favorable,
though there, the distance of the chapter from other chapters is a
matter for serious consideration. This difficulty would be obviated
to a certain extent by the installation of chapters in Kansas and
Nebraska, and, indeed, it would seem advisable to make the ex-
tensions of our Fraternity gradual so that there will at no time be
too great a distance between chapters. It would be unfortunate to
have any chapters so isolated as to make it impracticable for them
to keep in touch with others.

On the Pacific coast, however, the great Universities, Stanford
and Berkley (University of California) are even now ideal loca-
tions for chapters. It will not be long ere the states of Washington
and Oregon will boast of Colleges of Law second to none, for those
commonwealths are growing in population and in commercial im-
portanoe more rapidly than most of us fully realize.

To the installation of a chapter in Stanford University there

DELTA CHI QUARTERLY 33

is but one serious diffictilty, that is, its distance from all of the other
chapters. Stanford is already a fraternity center, and many national
fraternities are represented there by good chapters.

Unless I am misinformed the College of Law of the University
of California is not located with the other departments at Berkley,
but is known as the Hasting's Law Schod, and has its headquarters
in the city of San Francisco. To the installation of a chapter there,
it may be objected, not only that it is too remote from other chapters,
but also that, being located in a large city, it is not well adapted to
fraternity life.

I believe, however, that most of the alumni in the West would
be gratified to see a chapter installed in Stanford University. All
will appreciaite the difficulties already mentioned, and as a means of
surmounting them the estaiblishment of an Alumni Chapter in San
Francisco is suggested. Such a chapter composed partly, at first
composed wholly, of Delts from older chapters could render great
service in keeping the new chapter in touch with the other ch24>ters,
and at the same time keep the new chapter true to the traditions of
Delta Chi. If there are not now enough alumni in San Francisco
to establis:h an alumni chapter, I believe that the installation of a
chapter at Stanford should be postponed until such time as there
are enough of the alumni to vouch for the success of the new local
chapter.

In other words, I believe that the growth of the Fraternity
should be natural and not forced. Finally, I do not believe it well
to start a new chapter with members composed largely of members
of other fraternities. While it is true that many of our most en-
thusiastic brethern are also members of non-professional college
fraternities, still the old saying of one's "first love" is true to-day,
and only in exceptional cases should members of other college
fraternities be admitted. I believe that in the past the members
of other fraternities who have been accepted into Delta Chi have
been the exceptional men, and suggest that in the future the ex-
ceptions be no more frequent than in the past.

WM. M. McCREA, Cornell, 1900,

Salt Lake City, Utah.

34 DELTA CHI QUARTERLY

CHAPTER CORRESPONDENCE

October, 1903 — ^January, 1904
By Floyd L. Carlisle

CORNELL

Initiants — Stanley Smith, Law, '06, Springville, N. Y. ; George
Nclbach. Arts, '05 Utica, N. Y.; Leo Weter, Law, '06, Buffalo,
N. Y. ; Charles Cunningham, Law, '06, Greene, N. Y. ; Arthur
Webber, Law, '06, Buffalo, N. Y. ; Charles H. Rose, Friendship, N.Y.

At the time of the Cornell-Columbia game, the chapter enter-
tained several alumni, including J. J. Kuhn, '98; Edward ToohiH,
'02; Dudley K. Wilcox, '02.

Sixteen men are at present living in the Chapter House.

James T. Driscoll, Ex.-*o3, has returned to complete his law
course.

The chapter has built a temporary dining room on the first flcx)r,
which they expect to use until one can be installed in the basement.

M. M. Wyvell, '01, left the chapter in December, having been
admitted to the Bar in October. He will probably practice in New
York City.

NEW YORK UNIVERSITY

No initiants reported to date.

The chapter has decided not to secure permanent quarters as
yet. The matter has been thoroughly discussed, and a committee
appointed to investigate the matter. The committee is having
trouble finding a place which will answer all needed requirements.
The chapter meetings are held in the Law School building.

Patterson, one of the active members, represented the university
in the dual meets with Trinity and Rutgers, where he won the two-
mile race on both occasions.

MINNESOTA

Initiants — Norman B. Hannay, '06, St. Hilaire, Minn.; W. R.
Moris, '05, 1516 Portland Avenue, Minneapolis, Minn.; J. H. Chase,
'05, Fifteenth Avenue and University Avenue, S. E., Minneapolis,
Minn.

On November 30th a luncheon was given at the Fraternity
rooms, which was attended by many of the alumni of the chapter.
A subscription list was started to add to the house fund, and it is
confidently expected that in the near future definite steps may be
taken to purchase a permanent chapter house.

Andresen, of Michigan, and Lemon, from Northwestern, are
with the chapter this year.

Davis, one of the active members distinguished himself through-
out the season on the university football team, and in the Minne-

DELTA CHI QUARTERLY 35

sota-Michigan game, he was injured and carried from the field
in the second half. The injuries, however, were not serious.

During the summer, arrangements were nearly completed
whereby the chapter was to occupy a club house near the Campus.
The plan fdl through, however, but the chapter succeeded in pro-
curing rooms in a new block, a short distance from the main entrance
to the Campus. These arrangements are temporary, as the chap-
ter contemplates permanent quarters.

MICHIGAN

Initiants — Ralph O. Kaufman, Spokane, Wash.; H. Norman
Smith, Brodclyn, N. Y. ; Alexander R. Thomas, Salt Lake City,
Utah; Anselm T. Holcomb, Jr., Portsmouth, Ohio; Richmond A.
Mead, Evanston, 111.; Hilgard B. Young, Chicago, 111.; Grier E.
Tress, Pittsburg, Pa.

Gregory, one of the active members, played center on the
Barre City football team, this being his third year in that position.

On November 14th, the occasion of the Michigan-Wisconsin
game, a large number of the alumni returned. The second initiation
of the year took place that evening, and afterwards a banquet was
served at which Mr. Patterson, '94, acted as toastmaster. Among
the guests were Duane D. Arnold, '98, Three Rivers, Mich. ; Howard
I. Shepard, '98, Union Trust Building, Detroit, Mich.; Albert E.
Campbell, '94, Canastota, N. Y. ; Emmons, '98; Hugh H. Hart,
'98, Port Huron, Mich. ; Carleton G. Ferriss, '01, 36 Medbury
Avenue, Detroit, Mich.; Truman L. Chapman, Ex.-'94, Jerseyville,
111. ; Harry V. Blakeley, '03, 401 Dryden Block, Flint, Mich. ; Walter
R. Stevens, '03, Port Huron, Mich.

DICKINSON

Initiants — ^Herbert F. Laub, Nazareth, Pa. (Lafayette, 1903,
A. B., and Phi Ddta Theta) ; Floyd B. McAllee, Easton, Pa. ; Addi-
son M. Bowman, Camp Hill, Pa.; Victor Braddock, Carlisle, Pa.;
Paul Willis, Carlisle, Pa. ; W. L. Houck, Beervick, Pa.

On November 27th, the Fraternity held its annual fall banquet.
Paul A. Core, '03, was present. On that occasion, the announce-
ment of the death of C. A. Piper, '01, was received. He died in
Oklahoma.

NORTHWESTERN

Initiamts — Chauncey C. Colton, Dartmouth, Phi Delta Theta;
Joseph Ignatius Lange, '04, Woodstock, 111. ; Herbert E. Webber, '06,
Fergus Falis, Minn.

At the fall State Bar examination, Knowlton and Odell were
admitted to practice. This maintains the straight record of no
man in the chapter having failed in his bar examinations.

96 DELTA €HI OUARTERLY

Throughout the fall, the chapter has held free luncheons at the
Saratoga Hotel.

Colton, '06, has played fullback on the ^Varsity team. Through-
out the season, his kicking has been one of the distinguishing fea-
tures of the woiic of tlK team.

CHICAGO-KENT

No initiants.

Harry L. Bird, "A" of the chapter, passed the Bar examinations
this faH, but expects, nevertheless, to fiuiish his school work. Mr.
Bird holds the responsible positbn of pa3rmaster for the city of
Chics^.

'Die chapter has been hte in getting to work and for that reason
has little to report.

BUFFALO

Inkiants — E. L. McQure, Buffalo, N. Y., ComeH, 1902, and
Sigma Alpha Epsilon; F. E. Bagot, Buffalo, N. Y.

Charles C. Fenno has been elected manager of the University
Glee Qub. Fenno is also director on the athletic board of the Uni-
versitv.

Frederick H. House has been elected business manager of The
Iris, the annual college publication.

In the middle of November, the chapter moved into the new
rooms on West Eagle Street, opposite the City HaH.

Irving S. Wood was re-elected secretary of his class for the
Senior year.

OSGOODE HALL

No initiants.

The chapter started the yeat with a small number of active
members. The chapter maintains the policy of electing an alumnus
as "A." Frank Ford occupies that position.

The chapter has started an innovation by providing in the by-
laws a sort of general advisory committee, which is composed of the
•'A," "C" and an ex."A," John A. Cooper.

SYRACUSE UNIVERSITY

Initiants — John Lambert Train, '04, Batavia, N. Y. ; Justin S.
McCarthy, A. B., '05, Syracuse, N. Y. ; Harry B. Orchard, '05,
Sacketts Harbor, N. Y. ; Alexander S. Carlson, '06, Jamestown,
N. Y. ; Harry A. Curtis, '06, Newburyport, Mass. ; Austin G. Ruther-
ford, '06, Marcellus, N. Y. ; Jesse M. Seymour, '06, Salamanca, N. Y. ;
Albert Louis Wilbur, '06, Greenland, N. H. ; Roy H. Williamson, '06,
Batavia, N. Y.

DELTA CHI QUARTERLY 37

The annual initiation banquet was held at The Vanderbilt, De-
cember 14th.

The chapter has gxven up its rooms in the Bastable Block and
taken apartments at the comer of Harrison and Montgomery Streets.
The latter place gives lodging for five of the members.

James F. O'Neil has been coaching the Williams football team
during the fall. He returned to continue his work in the Law
School in December.

OHIO STATE

Initiants — ^William G. McKitlerick, Jackson, Ohio; Gilbert L.
Fuller, Portsmouth, Ohio; Horace Lute Small, Portsmouth, Ohio;
Joseph E. Kewley, Toledo, Ohio ; F. H. Heywood, Columbus, Ohio ;
F. H. Heywood was taken in as an honoray member. He is a
member of the General Assembly of Ohio, director of the Columbia
Savings and Trust Company, and treasurer of the Standard Fruit
Company.

WEST VIRGINIA

Initiants — Louis R. Burton, '04, New Haven, Conn ; John Mar-
shall, '04, New Cumberland, W. Va. ; Floyd L. Simmons, '06, Wheel-
ing, W. Va. ; Dana P. Miller, '06, Fairmont, W. Va. ; George R.
HeflFley, '04, Somerset, Pa. ; Henry Simms, '05, Huntington, W. Va. ;
Guy Prichard, '06, Riversville, W. Va. ; Nathaniel W. Washington,
'04, Charleston, W. Va.

Honorary Initiants — Dr. St. George Tucker Brooke, Dean of
the Law College of the University of West Virginia; Dr. Edwin
Maxey, Professor of Corporation Law, Agency and Criminal Law ;
Professor W. P. Willey, Professor of Equity and Equity Pleading;
Hon. Frank Cox, General on the Governor's Staff, and candidate for
judge of the Supreme Court of West Virginia.

On November 14 an elaborate banquet was given by the chapter
at the Peabody Hotel in honor of its ten honorary members. Those
present besides the honorary members mentioned above were the
following : L. R. Burton, A. J. Collet, John Marshall, G. R. Heffley,
H. G. Scherr, B. K. Koontz, Qyde Alexander, J. C. Gronninger,
Floyd Simmons, Earle Morgan, R. F. Yoke, N. W. Washington,
B. F. Stout, H. C. Simms, Jr., Guy Prichard, Dana Miller, Justin
Kunkle and Robert Green.

NEW YORK LAW

Initiants — Howard W. Ameli, Princeton, '03, Tiger Inn, Brook-
lyn, N. Y. ; Walter F. Sellers, Princeton, '03, Connu Qub, New York
City ; Aug^ste Roche, Princeton, '03, Elm Club, East Orange, N. J.
William G. Barr, Princeton, '03, Quadrangle Qub, Orange, N. J.
George E. Leonard, Alpha Delta Phi, Yale, '03, New York City
Reginald Brixey, Chi Phi, Yale, '03, New York City ; Jacob Jordan,

3» DELTA CHI QUARTERLY

Zeta Psi, Williams, '03, New York City; Walter B. Walker, New
York City:

The chapter has started the year in excellent condition. It
has had no difficulty in securing new men, and promises to have a
most successful year.

UNIVERSITY OF CHICAGO

George P. Hambrecht has left the university and will complete
his law studies in the Yale Law School.

The chapter suffered considerably at the beginning of the year
from the failure of the following men to return to the University:
Orville E. Atwood, Jr., Frank J. Baum, George P. Hambrecht,
Charles R. McMillan, John C. Moore and Henry Stiness.

No initiants are reported to date, but an initiation will be held
soon in which it is expected that the ranks of the chapter will be
filled.

GEORGETOWN UNIVERSITY LAW SCHOOL

Initiants :

Honorary — Hon. Harry M. Clab^ugh, I>ean of Georgetown
University School of Law and Chief Justice of Supreme Court of
District of Columbia; J. Nota McGiM, Professor of Patent Law,
Georgetown University Law School ; D. W. Baker, Professor of
Real Property, Georgetown University Law School; Stewart Mc-
Namara, of Washington, D. C. bar.

Active — Norman J. Kopmeier, MilwTiukee, Wis.: John Francis
Murphy, Lewiston. Me. ;Antonio Maria Opisso y de Icaza, Manila,
P. I.

The chapter is located in a fine house at 1629 Q Street, N. W.
The chapter is about to incorporate for the purpose of owning
property. It is the aim of the chapter to purchase a permanent home
in the near future.

Brother Dunn and Cummings of the Union Chapter and Brother
0*Malley of Cornell, editor of "The Quarterly, visited the chapter
house during the holidays. Brothers Moore and Files of the New
York University Chapter spent a few days with us recently.

UNION

Initiants — W. B. Zimmer, A. B., Cornell, Delta Chi House,
Albany, N. Y. ; Joseph Vanderlyn, A. B., Cornell, New Platz, N. Y. ;
Henry Toohey, '05, A. B., Fordham, Schuylerville. N. Y. ; Edward
Collope, Troy, N. Y. ; John Badger, *04, Malone, N. Y.

Thanksgiving evening the chapter entertained James O'Ncil who
appeared at the Empire Theatre in "The Adventures of Girard."

tj' f

DELTA CHI QUARTERLY 39

NEWS OF THE ALUMNI

By John J, Kuhn

CORNELL

'90. Monroe Marsh Sweetland was appointed Recorder of
the City of Ithaca, N. Y., last November.

'91. Peter Schermerhorn Johnson is located at La Jara, Cone-
jos County, Colorado. His interest in the Fraternity was mani-
fested by a liberal subscription to the new House fund, even at that
distance.

'91. Henry Burr Saunders is assistant city editor of the Even-
ing News at Buffalo, N. Y.

'92. George Burton Wilcox is cashier of the First National
Bank of Wellsville, N. Y. He was recently elected supervisor of
Wells ville township by an overwhelming majority.

'92. Ray E. Middaugh, is senior member of the enterprising
and prosperous firm of Middaugh & Shannon, builders and subur-
ban developers.

'93. Deo. C. Kreidler is manager of the advertising depart-
ments of The Normal Instructor and of The World's Events, at
Dansville, N. Y. He gave up his practice in Chicago two years ago.

'93. Edgar Mdville Fulton died recently at Truro, Nova
Sootia, where he had practiced law for ten years.

'94. Frederick Campbell Woodward is Professor of Law at the
Northwestern University, Chicago, 111.

'94. Michad O'Connor was the Democratic candidate for
city judge of Elmira, N. Y., in November. He was defeated by
a small majority.

'95. Addison Burton Reed is managing clerk for Wingate &
Cullen, a prominent law firm, at 20 Nassau Street, New York City.

'96. Robert Hutchings Haskell is practising 'law at 215 Mon-
tague Street, Brooklyn. N. Y.

'97. Francis Halsey Boland was elected secretary and treas-
urer of the Delta Chi Alumni Qub of the City of New York, at
the December meeting. He is the father of a bouncing boy named
John Boland, Jr.

'98. Bayard Cobb Tullar is engaged in the business of oil
and agriculture at Wellsville, N. Y.

'98. A. Dix BisseH is practicing law in Le Roy, N. Y. He
started in Rochester but left that city to take up the practice of
his grandfather, an old practicioner, at Le Roy.

'99. John Quincy Perry is in the Law Department of the
New York Telephone Company, in New York City. It is rumored
that he is about to become a benedict.

40 DELTA CHI QUARTERLY

James Hunt Prendergast has been elected Justice of the Peace
at Westfield, N. Y.

'99. Qinton T. Horton, formerly of the firm of Bartlett, Baker
& Horton, of Buffalo, N. Y., is now practicing individually at 932
Prudential Building, Buffalo. His marriage to Miss Madge Bates,
of Cattaraugus, was celebrated last July.

'00. Woodward Wixom Sears is Superintendent of Schools
at National Mine P. O., Michigan.

'01. Manton Marble Wyvell, A. B. '01, LL.B., '03, was ad-
mitted to the New York State Bar in December.

'02. Thomas Downs is managing clerk for Morgan & Mitchell,
attorneys, at 38 Park Row, New York City.

'02. James F. Sullivan, who has been practicing law in Elmira,
N. Y., for a year, has gone to Arizona, where he will remain all
winter, on account of his health.

Edward David Toohill and Dudley Kirkpatrick Wilcox, who
are both located at Auburn, N. Y., are occasional visitors at the
Cornell Chapter House, in Ithaca.

'03. Isaac AHlison has become a member of the firm of Bald-
win, Tumbull & Aillison, and is practicing law at Elmira, N. Y.

Lyman A. Kilbum and Arthur B. Simons have formed a part-
nership for the general practice of law under the firm name of Kil-
bum & Simons, and are located at Dunkirk, N. Y.

'03. Arthur M. Wright is studying medicine at the Cornell
University Medical College, in New York City.

NORTHWESTERN

'93. Stephen D. Demmon became the proud father of a boy,
on October i8th. Brother Demmon is practicing law at 1103 Mon-
adnock Building, Chicago, and although one of the oldest mem-
bers of the Northwestern Chapter, is still as enthusiastic a member
of the Fraternity as the youngest freshman.

'97. Joseph Luther Taylor is practicing law and dealing in
farm lands, at Pittsburg, Kansas.

'99. Robert Catherwood, of the firm of Parkinson & Catherwood,
is taking a leading position in municipal affairs in Chicago. Brother
Catherwood is a charter member of the recently formed City Qub of
Chicago, a club devoted to the interest of municipal improvement,
which is destined to become a large factor in Chicago municipal life.

'99. David Hickman Moss, jr., is President of the First Na-
tional Bank, at Mount Vernon, Washington.

'99. Fred Morgan Ayer passed the Supreme Court Bar Ex-
amination in February, 1903, and is now located at Nome, Alaska.

'99. The firm of King, Lamb & Gage have recently opened
a branch office in Waukegan, of which Brother Charles H. King
is in charge.

DELTA CHI QUARTERLY 41

'03. Clarence Knowlton was admitted to the Illinois bar at the
September examinations, and is now practicing at his home, Roch-
ester, Minnesota.

'03. Russell Wiles is with H. Bitner, patent lawyer, whose
offices are at 740 Monadnock Block, Chicago.

BUFFALO

'98. John Kennedy White is lecturer on admiralty in the Uni-
versity of Buffalo.

'98. John W. Ryan is deputy district attorney of Erie County
in Buffalo, N. Y.

'99. Edwin S. Kerr is located at San Fernando, Union, P. I.

John Farrell Koine is telegraph editor of the Buffalo Express.

'02. Franldin Kennedy successfully defended a criminal case
in the Supreme Court recently. He was assigned to a defendant
charged with first degree murder and secured his acquittal.

Hon. Clark H. Hammond, whose picture is published herewith,
was one of the charter members of the Buffalo Chapter. He worked
enthusiastically for a charter of Delta Chi, which was granted to
Buffalo in the Convention of 1897, held at Cornell.

At the recent election in Buffalo he was elected to the position
of Judge of the Municipal Court at a salary of $4,000 a year, and for
a term of six years. He defeated an incumbent of that office who
had already held the position for two terms, and who was un-
doubtedly the strongest candidate on the Democratic ticket.

Judge Hammond is but twenty-nine years old. He graudated
from the University of Buffalo in 1897, and since that time has been
engaged in practice with his father, a former County Judge of Erie
County, under the firm name of Hammond & Hammond. Edward
M. Regan, a member of the Fraternity, and of the same class as
Judge Hammond, was the active manager of Mr. Hammond's cam-
paign, and members of the Buffalo Chapter as a whole gave loya'l
and enthusiastic support to their candidate. The support which
Hammond received from Delta Chi brothers was probably the most
potent of any particular force that contributed to his election.

DE PAUW

'93. Caleb Newell Lodge is a broker at 46 N. Pennsylvania
Street, Indianapolis, Ind.

'95. George Chambers Calvert is manager of the Indianapolis
Qearing House Association.

WEST VIRGINIA

'02. Elba Julius Wilcox is practicing law at Williamson,
W. Va.

42 DELTA CHI QUARTERLY

'03. Guy B. Young and Lyda Duane Zinn are practicing at
Glenville, W. Va.

OHIO STATE

'02. Charles Henry Stahl is practicing law at Akron, Ohio.
'03. Elza J. Lambert is engaged in tiie promotion and opera-
tion of the oil and gas business at Marietta, Ohio.

GEORGETOWN

'00. Leon A. Clark is secretary to Congressman Metcalfe of
California. He frequently visits the chapter house.

'03. Carl Bamett Rix is a clerk in the census office, Etepart-
ment of Commerce and Labor, at Washington, D. C.

'03. Frank E. Williamson has his law office at 406 Fifth Street,
N. W., Washington, D. C.

'03. Albert D. Denn is Professor of oratory and rhetoric at
the University of Wisconsin.

Harry J. Mohrniian is finishing his law work at Washington
University, St. Louis, Mo. He is deeply interested in Delta Chi
and frequentily sends his check to the chapter.

'03. Harry W. Hahn is with his father in the mammoth shoe
stores of William Hahn & Company, Washington, D. C.

Walter B. Williams is associated with Peunie & Goldsborough,
prominent patent attorneys in the McGill Building in Washing^ton,
D. C

'03. Hugh H. Hanger is located in Washington with his
father.

'03. F. Hunter Burke, the deputy prosecuting attorney of
Washington, Ind., has recently recovered from a severe attack of
typhoid pneumonia.

E. T. Jones is located in Mississippi.

Honorary — Hon. Harry M. Clabaugh is Dean of the George-
town Law School and Chief Justice of the Supreme Court of the
District of Columbia.

Professor D. W. Baker is junior member of one of Washington's
busiest firms. Brother Baker is one of the members of the bar ex-
amination committee.

R. Ross Perry, Jr., joins with his father in the excellent firm
of R. Ross Perry & Son. Mr. Perry is the author of "Perry on
Pleading."

Professor J. Nota McGill will give a special series of lectures
on patent law to the Georgetown Chapter at their house shortly after
the holidays.

Stuart McNamara is at present defending James Armstrong
Watson, th«e alleged embezzler. It is the largest embezzlement case
in the histor}' of Washington. Brother McNamara is very active and
attends the meetings of the chapter with pleasing regularity.

DELTA <:HI quarterly 43

NEW YORK LAW

Several of the alumni took active part in New Yoric's recent
election. The experiences of all were thoroughly beneficial, and of
some, of more than casual interest.

"Charlie" Robinson joined the "truck-end" campaigners. Ross
contributed his forensic efforts and cigarettes to audiences he found
in saloon rears, while Murphy became fairly launched on the politi-
cal pool. Harper, Lockwood and Harkness came in at the eleventh
hour to watch at the polls, and Ek)wning, with cool and calculating
sagacity, kept "away back," and placed his money on the winners.

"Bill" Bailey brought back a story from his baliwick. Both
parties were after one man of considerable influence, and offers of
ten dollars by one and of fifteen dollars by the other had been made.
When the ballots were counted one thrown out as defective, was
marked "$io" under the Republican emblem and "$15" in the
Democratic circle.

Harper reports a district where they had a skylight over the
booth. As the watchers were at work, they heard the fall of an
eraser, and the voice from above growled, "Hey, there, you son of
a gun, rub that out."

Clarence H. Fay, '03, was the fortunate recipient of a receiver-
ship a few days ago.

NEW YORK UNIVERSITY

'92. Benjamin A. Jackson and Hugo Wintner are representa-
tives of Delta Chi in the administration of Surrogate's Law. Brother
Jackson has been for many years probate clerk in the Surrogate's
Court in New York City and County, and Brother Wintner holds
the position of probate clerk in the Surrogate's Court of Kings
County, in Brooklyn, N. Y.

'92. John Francis Tucker was a candidate for the New York
Assembly from New York City, and was defeated by a small ma-
jority.

'92. George Alexander Macdonald has returned from a three-
months' vacation spent in Europe. Brother Macdonald is the author
of "How Successful Lawyers Were Educated."

'94. William F. Quigley has moved his 'law office to 346
Broadway, New York City.

'94. Edward Sidney Rawson is the District Attorney for Rich-
mond County, at Staten Island, New York City.

'96. Howard Conkling is a member of the New York State
Assembly, representing the Twenty-fifth Assembly District of New
York City. Brother Conkling is the author of several book, in-
cluding one on "The Game Laws," and another on "Travels in
Mexico." He is a member of the important Assembly committees
on Canals, Charitable and Religious Societies and Codes.

'96. "Aldernii^i James W. Redmond, who has been named

44 DELTA CHI QUARTERLY

to upportion the patronage in the Eleventh Assembly District, is
making things hum in the Democratic circles of the district. The
new leader is the president of the Washington Qub." — The Stan-
dard Union, Brooklyn, N. Y., Dec. 22, 1903.

'97. George Washington Olvaney is assistant corporation
counsel of New York City.

'00. James E. Murray is practicing law in Butte, Mont.

'01. Festus Lucien Bannon is the contracting freight agent of
the Great Northern Railway, at Duluth, Minn.

John J. Conlon is the note teller of the National Bank of Com-
merce in New York City.

Rufus G. Shirley is agency director of the New York Life In-
surance Company, at 1133 Broadway, New York Qty. Brother
Shirley recently met with a sad bereavement, in which he has the
sincere sympathy of all Delta Chi men. His father died November
14th and his mother on November 15th, 1903.

MICHIGAN

Herbert Vandenberg Ames is assistant Professor of American
History, at the University of Pennsylvania.

'94. Charfes Arthur Park is president of the Salem Water
Company, at Salem, Oregon.

'96. Lawrence Rankin Hamblin is a member of the firm of
Hamblin & Lund, with law offices in "The Rookery," Spokane,
Wash.

'96. Stuart H. Perry is editor of the St. Johns News, at St.
Johns, Mich.

'99. George Harris Smith is assistant attorney of the Oregon
Short Line Railway Company, at Salt Lake City, Utah.

'99. LeRoy Allen Wilson is attorney and financial agent for
a private corporation at 63 Ludington Building, Chicago, HI.

'99. Harry Landon Chapman is bond officer of the Western
Trust and Savings Bank, at Chicago, 111.

'00. Duncan R. McFarlane is Justice of the Peace at Rock
Island, 111.

'00. Charles M. Steward is in the banking business at Piano, 111.

'00. Henry Aaron Converse is assistant United States Attorney
at Springfield, Hi.

'00. William L. Day is a member of the firm of Lynch, Day
& Day, at Canton, Ohio.

'01. Manly D. Davis is located at Durango, Estado de Dur-
ango, Mexico.

'01. William J. Kirk, is on the entertainment committee of the
Hamilton Club, the leading Republican club of Chicago.

'01. Henry Catrow is engaged m mining operations in Utah.

Ross W. Stock well is a jimior member of the firm of Perry
& Stockwell at Pontiac, Mich. He was recently married.

DELTA CHI QUARTERLY 45

David P. Strickler, formerly associated with Louis H. Schroeder
in practice at Quincy, 111., is now out for himself in the same city.
Brother Schroeder has taken up the practice in Chicago.

Daniel Manley Davis, is now in the City of Mexico. He was
formerly with the firm of Davis, Bromley and Davis, at Pontiac,
Mich.

Frederick J. Lichtenberger is practicing in Chicago, having left
Savannah, III.

William J. Brinkerhoff is practicing in Springfield, 111.

Carlton G. Ferris is no longer associated with the firm of Hatch
& Ferris in Detroit. He contemplates giving up the law for busi-
ness.

Henry Hoover is engaged in the bonding business with his
father at Taylorville, Ind.

Frank W. Atkinson is the junior member of the firm of William
F. and Frank W. Atkinson in Detroit, Mich. He was in September,

1903.

'02. Charles J. Tressler is an attorney in the legal department

of Swift & Company, Chicago, Hi.

MINNESOTA

'91. Charles N. Hamblin is auditor of the Sierra Railway
Company, of California, at Jamestown, Cal.

'93. Albert Wallace Stacy is a lumber dealer at I>ouglas,
Arizona.

Albert M. Shaw has abandoned the law and is now associated
with the Roderick Lean Manufacturing Company, at Mansfield, O.

'95. Charles W. Somerly is assistant attorney-generail of Min-
nesota, at Minneapolis, Minn.

'9(5. Ralph Clarence Sowle is a banker, located at Bowesmont,
North Dakota.

'97. Fred Warner Carpenter is private secretary to Governor
Taft, at Manila, Philippine Islands.

'97. Arthur James Stobbart is attorney for the National Surety
Company, at 346 Broadway, N. Y.

'98. Harrison B. Martin is specializing in admiralty practice,
at Seattle, Wash.

'98. Will G. Wilke is cashier of the Farmers' & Merchants'
Bank, Grey Eagle, Minn.

'98. Charles Loring is a member of the law firm of Steenerson
& Loring, at Cookston, Minn.

'99. Louis Randolph Frankel is assistant corporation attorney,
at St. Paul, Minn.

'00. Ezra R. Smith, a member of the firm of Smith & Wilson,
has his law offices in the New York Life Building, in Minneapolis,
Minn.

46 DELTA CHI QUARTERLY

'03. Charles Oscar Lundquist is making a specialty of the
land business. His offices are in the Germania Life BuSding, St.
Paul, Minn.

CHICAGO— KENT

93. S. Z. Silversparre is publisher of Ores and Metals, the
leading mining journal of the West, published at Denver, Colo.

'96. Robert C. Sturgeon is engaged in the gold mining busi-
ness. He has his office at 314 Tacoma Building, Chicago, 111.

'99. John McKinley, is superintendent of the counting room
of Marshall Field & Co., Chicago, 111.

'00. Edward C. Nettds is division freight and passenger agent
of the C. M. & St. Paul Railway, at Des Moines, Iowa.

'03. William C. Miller is assistant to the secretary of the State
Bank of Chicago.

'03. Fillmore W. Lodd is a member of the firm of E. E. Lodd
& Co., and engaged in the grain and commission business, at 13 13
Wabash Avenue, Chicago, IM.

DICKINSON

'97. George B. Somervilie is practicing law and acting as
president of the Lake Trade Coal Company at Windber, Pa.

'97. Thomas K. Leidy is assistant district attorney in Read-
ing, Pa.

'97. Albert I. Livingston is a journalist at Sante Fe, New
Mexico.

'98. Clarence Raymond Gilliland is an electrical engineer with
the Westinghouse Electric & Manufacturing Company, at East
Pittsburg, Pa.

'98. Fred B. Moser is practicing law at Shamokin, Pa., being
a member of the firm of Lark & Moser. Harry P. Conley is located
in the same city, being associated with his father and brother under
the firm name of J. H. Conley & Sons, hardware merchants.

'98. Gabrid H. Moyer is a member of the law firm of Sieg^ist
& Moyer, doing business at Lebanon, Pa.

'99. John G. Miller is practicing law at York, Pa., and is
attorney for the York-CoaHinga Oil Company.

'99. Herman M. Sypherd is trust officer with the Guarantee
Trust Company, at Atlantic City, N. J.

J. Wilmer Fisher, H. Franklin Kantner, Paul H. Price, Charles
S. Shalters, Charles G. Moyer, Oliver G. Lentz and Garrett B.
Stevens, Jr., are aill engaged in the practice of law at Reading, Pa.
They form a splendid nucleus for an alumni chapter in the Berks
County capital.

'01. Since the last issue of the "Quarterly," Charles A. Piper,

DELTA CHI QUARTERLY 47

who was for a time with the Aetna Accident Insurance Company in
the capacity of claim adjustor, but more recently located at Oklahoma
City, O. T., died at that city of appendicitis. Brother Piper was an
exceedingly popular and progressive member of the Dickinson
Chapter. During his second year at Dickinson he filled the office of
"C" with efficiency. This is the second death in the membership
of Dickinson aJumni to occur in Oklahoma, Brother E. Harper Hoff-
man having died at Fort Sill, O. T., two years ago.

In law school, in class and in Fraternity affairs, there were
few, if any, as active as he. Aggressive, resolute, full of spirit and
a natural organizer, he made himself felt in every department of
college life. In Fraternity affairs he was a leader, and as clerk of
tlie chapter he was most efficient. Chosen by the dean as business
manager of The Forum, he made that publication, for the first
time, self supporting, and so, in all things which he undertook —
and they were many — did his earnest labor meet with success.

Though far from home and without the care of a mother, a
sweet woman yet ministered to him, and was at his bedside when
death came; the promised wife of a Fraternity brother also located
there, ministered to him during his brief illness, and was ever un-
tiring in her vigil.

The Fraternity, and all who knew him cannot but deeply mourn
his death.

'oi. Albert T. Morgan, Berton B. Barr and Paul A. A. Core,
the latter being "A" of his chapter, are practicing law at Washing-
ton, Pa.

L. R. Holcomb has law offices at Wilkes Barre, Pa. Brother
Holcomb was a member of the recent House of Representatives of
Pennsylvania.

'02. Robert Holden Moon was married on January 6th, 1904,
to Miss Amy Lowry Hutchinson, at Parkersburg, W. Va.

'03. Adams Blake Vera is division superintendent of the Na-
tional Correspondence Institute of Washington, D. C. He is located
in the Flatiron Building, New York City.

OSGOODE HALL

A. H. Beaton, after holding office in the Ontario Hockey As-
sociation for ten years, at the last meeting of the association, early
in December, refused re-nomination for the position of first vice-
president and has retired from active work in the association. This
association is perhaps the most important athletic organization in
Canada. Last year on Mr. Beaton's retirement from the secretary-
ship, which he had held for many years, he was in addition to being
given the usual honorarium, presented with a handsome library
chair.

J. A. Cooper, the editor of the Canadian Magazine, and ex-

48 DELTA CHI QUARTERLY

president of the Canadian Qub, Toronto, lectured to the Canadian
Qub of Boston early in December.

Fred. W. Grant was married on December 15th to Miss Con-
stance Wade, of Orilla, Ont.

Frank Ford, Solicitor to the Treasury of Ontario, has just been
elected a member of the Corporation of Trinity University, Toronto,
representing the graduates in Law, to fill a vacancy, caused by the
death of the late Sir John G. Bourinot, K. C. M. G. A short time
before his election to this, the governing body of the University, he
had been appointed an examiner in law in the University.

John Dewar McMurrich is a member of the firm of McMurrich,
Hodgins & McMurrich, at Toronto, Canada.

Alfred H. Marsh is a member of the firm of Marsh & Cameron,
barristers, solicitors, etc., at 25 Toronto Street, Toronto, Canada.
His firm are solicitors for the Trust and Loan Company of Canada,
the National Life Insurance Company, of Canada, and other cor-
porations.

UNION

'92. William Stiles Bennett is Justice of the Municipal Court
in the City of New York.

'93. Tibbetts Walker is practicing law at Saybrook, O.

'01. Michael E. McTygue is Justice of the Peace in Saratoga
Springs, N. Y.

'03. William Burt Cook, Jr., is librarian of the 'law division of
the State Library at Albany, N. Y.

'03. Herbert LeRoy Austin holds a responsible position in
the State Comptroller's office at Albany, N. Y.

DELTA CHI QUARTERLY 49

IRRELEVANT AND IMMATERIAL

Brother John A. Hines, New York University, 'oi, has the
following experience to relate:

A short time ago I had occasion to engage a stenographer for
two weeks as a substitute, and when I came in my office one morning
I told her I would be obliged to be in Newark all day, and that she
would have to lock the office when she went to her lunch.

I returned about four o'clock in the afternoon, and to my sur-
prise found my office closed and the doors locked. I knocked and
she came to the door, unlocked it, and when I asked her what she
meant by having the office closed and the doors locked, she replied
that I had told her to do sa

I then asked her if anyone had called and she replied that there
had been some people here and that she had unlocked the door when
they knocked, and told them that I had instructed her to keep the
doors locked, and that I woufld return later in the day.

I then asked her if the office had been closed all day, and she
replied that it had, and said that she thought she was following my
instructions.

Query — ^What would have been the proper thing to say at this
time in the presence of the young lady ?

The Georgetown boys, before moving into their new chapter
house, engaged a typical Southern darky called Clarence, surnamed
**the Cop," as butler. Clarence had been drilled to tell any one who
might ask, that the house had been leased by the Georgetown Chap-
ter of the Delta Chi Fraternity. On the first afternoon, the mail
n>an rang the bdl and Qarence, happy in his new white coat,
answered the summons. The following dialogue ensued:

'Who is living in this house?" asked the man with the mail.
'Deed I don* know, boss," answered our specimen.

"Is it a club house?" asked Uncle Sam's man.

"No, sah ! Its a *temity house," replied our darky boy.

"What's it called ?"

" 'Deed I don' know, boss. De gemmen tole me but I'se forgot.
I think it's called de 'Delicate Child," and a loud roar of laughter
from the boys inside drove Clarence to cover.

it '1

A Polish boy who is employed in the offices of a Buffalo firm
in which there are two members of the same name was, on his re-
porting for duty on the first day, given instructions in regard to
to answering telephone calls. He was told to ascertain always which
member of the firm was wanted. The bell rang shortly, and the
>'oungster stepped to the receiver.

so DELTA CHI QUARTERLY

"Is Mr. in ?" came over the wire.

"Vich kind ?" asked the frightened lad, whereupon, it is neecHess
to add, he was ordered to report for "further instructions."

At the Territorial Bar examinations held at Guthrie, O. T., last
June, among the questions asked by the board was: "How does
Equity look on those things that should be done ?" It was answered
by one of the class from Texas as follows: "Equity looks upon
such things with suspicion."

Sidney N. Reeve, of the Chicago-Kent Chapter, writes from
La Pomdo Rancbo, La Mirado, Cal., as follows:

I received a day or two ago the Delta Chi "Quarterly" for
October, it having been forwarded to me from Chicago. I left
Chicago last December rather suddenly, but not in disgrace, and
was unable to say good bye to the Delts there. I have quit the law
temporarily and gone into fruit ranch and dairy farming for a
change, and find it extremely beneficial after the strenuous life with
Ddts in Chicago. I trust, should any of the boys come this way,
that they will look me up, for it would give me great pleasure enter-
taining any of them, giving tbem at the same time a taste of ranch
life in California.

DELTA CHI QUARTERLY 51

BOOK REVIEWS

By Clinton T. Norton

The Law and Practice in Actions for Torts in the State of New
York, by J. Newton Fiero, Dean of the Albany Law School.

Mathew Bender, Albany, N. Y., 1903. Price, $6.50.

This work will have especial interest for Delta Chi men, as its
author is a member of the Mother Chapter, and contributes a special
article to this issue. It is divided into two parts, namely, Part I,
consisting of the principles of Liability, and Part II, of Injuries
to the Person. It 'has over 900 pages, and the arrangement of
material is excellent. It gives both the law and practice in New
York State, and is designed primarily as a statement of the law of
that State. In other jurisdictions, however, it will have value be-
cause of the frequent citation of authorities, and second, the com-
bination of law and practice in the second part of the work. It is
the first work of its kind that New York State has had, and it is
safe to predict that it will come into immediate use in the office
of practitioners who are looking for the best and latest works to
add to their libraries.

Cyclopedia of Law and Procedure. Edited by William Mack and
Howard P. Nash, Vol. IX. The American Law Book Company,
New York, Publishers.

The eighth volume of this series was issued last month. The
publication of Vol. 9 after so short an interval, confirms our faith
in the ability and anxiety of the American Law Book Company to
live up to their forecasts, and must be the occasion of a good deal
of satisfaction among the profession.

This series is on an assured basis of high merit and stability,
and every volume increases the value of the whole series by much
more than its own intrinsic worth.

The volume before us is noteworthy, both on account of the
importance of the subjects and of the ability with which they are
treated. The text is clean-cut, and clear, the illustrations are oppo-
site and illuminating, and there is a great wealth of citation. The
analyses are worked out in great detail and gives the reader easy
access to the law on the particular point that he seeks.

The definitions and explanations of words, phrases and maxims
cover forty-nine pages, which are by no means the least valuable
portion of the book.

The most important articles are those dealing with the subjects,
"Contempt," "Contracts" and "Copyright."

S2 DELTA CHI QUARTERLY

A Treatise on the New York Employers Liability Act. By George
W. Alger and Samuel S. Slater of the New York Bar. Matthew
Bender, Albany, N. Y., 1903.

This is the first of the text books brought to our attention on
the subject of the New York Employers Liability Act of 1902. Its
authors, Mr. Alger and Mr. Slater, are pre-eminently fitted to write
a treatise on this statute, the former being the attorney for the
Working^en's Federation of the State of New York, and the latter
the person who introduced the bill in the legislature, and worked
most energetically for its passage.

The book is interesting in its comparison of the different
liability acts in the United States and England, and will be of con-
siderable aid to attorneys in construing the New York statute, as
the authors have not hesitated to quote from opinions of the courts
of other states construing acts essentially similar. A careful perusal
of the work leads us to the opinion that it is an exceedingly well
written and comprehensive book.

Kreidlcr's Current Citations of All New York Decisions, Designa-
ting Point of Citation and Giving Disposition Upon Appeal. By
Charles R. Kreidler, Powers Building, Rochester, N. Y.

We have at hand the second number of the above, which our
readers will be interested to note is edited by a brother of I>eo Clair
Kreidler, Delta Chi, Cornell, 1893. This is another of the many
time saving devices made necessary by the rapidly increasing num-
ber of reports and decisions. The work is issued quarterly, and is
designed to keep a table of citations abreast with the reports. These
citations are complete and accurate, and we believe that the work
will be welcomed by New York attorneys.

The Best Law Books and Their Authors — an illustrated souvenir.

The American Law Book Company, 76 William Street, New

York.

This cleverly arranged brochure issued by the publishers of
"Cyc," volume nine of which is reviewed on another page, is worthy
of notice. It contains fine photogravures of many distinguished
writers on legal subjects in the United States. A complete list of
abbreviations of reports adds value to the little publication.

The Transfer Tax Law of the State of New York and the Pro-
cedure Thereunder, by Samuel T. Carter, Jr., A. M., of the New
York City Bar. The Banks Law Publishing Co., 21 Murray
Street, New York. 1903. Price, $3.00.
This work is valuable to the student and practicing lawyer and

DELTA CHI QUARTERLY 53

handy for both. The author is the acknowledged authority on his
subject in New York City. For several years he was in the office
of the State Comptroller in charge of Transfer Tax collections.
The first chapter of the work treats the subject generally, the his-
tory of the New York law and its amendments and constitutionality
being discussed. In succeeding chapters one splendid feature is
that the discussions are brief yet the phases of the law most likely
to be encountered in actual practice are treated with sufficient detail
for practical purposes. The important sections of the law are set
out, and in studying the various sections the author has cited the
leading causes which have any real bearing. The simple practice
under the law is covered, and the list of forms is complete. The
work is carefully prepared throughout.

HARRY B. LAMSON.

SHOUBDS, ADGOGK & TEUFEL

Jewelers

66 State State Cor. Randolph St.

CHICAGO

Telephone Central 3745

Diamonds, Watches and Sterling Silver

MANUFACTURERS OF

Delta Chi and other Fraternity Pins

DELTA OHI QUARTERLY

ATTORNEYS' DIRECTORY

When neoeflMury

to employ ooonsel in another oity, why not oorreopond
with a member of Delta Ohi

ARKANSAS

Van Buren, Ark.

HENRY L. FITZHUGH

CALIFORNIA

Los Angeles, Cal.

GEORGE L. KEEPER

412 Currier Buildinig

CANADA

Oakville, Ontario

W. ALEC CHISHOLM

Colborne Street

COLORADO

Colorado Springs, Col.

R. H. WIDDECOMBE

ILLINOIS

Chicago, III.
JOHN K AMOS, Jr.

901 Journal Building
Long Distance Tel. Main 4401

Chicago, III.
EDWARD H. BARRON

132 Michigan Avenue

Telephone Central 2425

Chicago, III.
CHAS. E. HARTLEY

931- 938 Unity Building

Special attention given to real estate mat*
tent. Reference: rirst National Bank of
Chicago, or any mercantile agency.

Chicago, III.
H. BITNER
740 Monadnock Block

Russell Wilis Chas. O. Shstvsy

Telephone Harrison 139^

Chicago, III.
ROBERT CATHERWOOD

Patent, Trade Mark, Copyright Law
1543 Monadnock BJock

Telephone Harrison 1281

DELTA CHI QUARTERLY

ATTOBNSYS' DIBEOTOBT— Continued

Chicago, III.

MARSHALL D. EW Kl J., M.D.

Suite 618-619, 59 Clarke St.
Examiner of

Disputed KsLnd-wnting, Inlc,et€.

Chicago, III.

HAYES McKINNEY
1610 Title an<i Trust Builddng

100 Washington Street

Chicago, III

DANIEL W. FISHKIJ.

1019 AsblaiKl Block

Telephone Central 1547

Chicago, III.
MALCOLM B. STERRETT

National Life Building
Telephone Central 5003

Chicago, III.

GEORGE I. HAIGHT
134 Clark Street

Chicago, III.
EMIL C. WETTEN

184 La Salle Street

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NEW YORK UNIVERSITY LAW SCHOOL

UNIVERSITY BUILDING WASHINGTON SQUARE
Day Session 3130 to 6 P. M. Evoning Session 8 to 10 P. M.

Grants Dogroo L. L. B., L. L. M. and J. D.

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yi\

CONTENTS

PAGE

Delta Chi Chapter Roll 2

Fraternity Officers 3

Chapter Officers 4

The Law of Patents 5

Doings of Chicago Alumni Chapter 16

The Tenth Annual Convention 18

Echoes of the Convention 25

Book Reviews 47

Editorials 27

Fraternity Officers 31

Chapifer Correspondence 32

News of the Alumni 40

Among the Greeks 45

Honorary and Active Members 51

Attorneys* Directory 63

The . . •

Delta Chi
Quarterly

JAMES 0*MALL£Y»

Bdltor^a'Chlcf

Erie County Bank Building,

Buffalo, N. Y.

MANTON M. WYVELL.

BttslacM Maaagcr,

No. 31 NaAAauSt..

NEW YORK CITY

•pHE Delta Chi Quarterly is
the official organ of the
Delta Chi Fraternity, estab-
lished by the Eighth Annual
Convention, Chicago, 111., Ju-
ly II, 190a. Published in Jan-
uary, April, July and October
of each year. Subscription
price $1.00 per year, payable
in advance. Single copies
twenty-five cents. Cards of
Fraternity mtmbers will be
carried in the Professional Di-
rectory, at the rate of $!.oo
per ye^r. Other advertising
rates furnished upon applica-
tion. Subscriptions and remit-
tances should be sent to the
Business Manager.

Articles on legal topics
and contributions of general
interest to the Fraternity, are
solicited from all members.

DELTA CHI CHAPTER ROLL

ACTIVB CHAPTERS

Established.

Cornell University 1890

New York University 1891

Albany Law School (Withdrawn 1893) 1892

University of Minnesota 1892

De Pauw University (Withdrawn 1896) 1892

University of Michigan 1892

Dickinson University 1893

Northwestern University 1893

Chicago-Kent Law School 1894

University of Buffalo 1897

Osgoode Hall of Toronto 1897

Syracuse University 1899

Union College 1901

University of West Virginia 1902

Ohio State University 1902

New York Law School 1902

• University of Chicago 1903

Georgetown University 1903

ALUMNI C21APTERS
Chicago Chapter 1902

New York City Chapter 1903

FRATERNITY OFFICERS

HONORARY

President
Hon. Wm. Hornblower^ of New York City.

Vice President.
Professor Ernest W. Huffcut, of Ithaca.

Second Vice-President.
Hon. Marshall D. Ewell^ of Chicago.

Orator.
Hon. Daniel W. Baker, of Washington, D. C

Poet.
Fred'k. C. Woodward, of Chicago.

ACTIVE

Presiden-t : Edward C. Nettles, I>es Moines, Iowa.

Secretary : Floyd L. Carlisle, Wat^rtown, N. Y.

Treasurer: Rufus G. Shirley, 1133 Broadway, New York City.

BOARD OF MANAGERS

Harry H. Barnum, 1139 First National Bank BIdg:., Chicas:o, 111.
William W. Bride, 129- 131 B. St., S. E., Washington, D. C.
Floyd L.* Carlisle, 8 Stone St., Watertown, N. Y.
Otis S. Carroll, 54 WaHl St., New York City.

Frederick Dickinson, 12 Snell Hall, University of Chicago.

Edward K. Freeman, 5 Nassau St., New York Qty.

Hugh R. Fullerton, Havana, 111.

LeRoy T. Harkness, 26 Liberty St., New York City.

A. Frank John, Mt. Carmel, Pa.

John J. Kuhn, 189 Montague St., Brooklyn, N. Y.

James O'Malley, Erie County Savings Bank, Buffak), N. Y.

H. Norman Smith, Delta Chi House, Ann Arbor, Mich.

Russell Wiles, 740 Monadnock Bldg., Chicago, III.

CHAPTER CLERKS

CORNELL UNIVERSITY
C" A. Raymond Cowiwall Delta Chi House, Ithaca, N. Y.

tir^tt

NEW YORK UNIVERSITY
"C" Wilson R. Yardl. 63 Wall Street, New York City, N. Y.

UNIVERSITY OF MINNESOTA
C" Ellas B. Curtis 420 Lumber Exchange, Minneapolis, Minn.

ur**t

UNIVETISITY OF MICHIGAN
"C" George W. Lindsay Delta Chi House, Ann Arbor, Mich.

DICKINSON UNIVERSITY
"C" E. F. Heller. Carlisle, Pa.

NORTHWESTERN UNIVERSITY
"C" Max Murdock 518 Church Street, Evanston, 111.

CHICAGO-KENT SCHOOL OF LAW
"C" Roland J. Hamilton. . 463 The Rookery, Chicago, Hi.

UNIVERSITY OF BUFFALO
"C" Irving S. Wood 204 Whitney Place, Buffalo, N. Y.

OSGOODE HALL
"C" M. G. Hunt 17 Grange Ave., Toronto, Ontario.

SYRACUSE UNIVERSITY
"C" Orla E. Black 665 Madison Street. Syracuse, N. Y.

UNION COLLEGE
"C" William B. Zimmer Delta Chi House, Albany, N. Y.

OHIO STATE UNIVERSITY
"C H. M. Rankin in W. loth Ave., Columbus, O

UNIVERSITY OF WEST VIRGINIA
"C" Henry Simms Morgantown, W. Va.

NEW YORK LAW SCHOOL
"C" C. R. Haviland Jamaica, N. Y.

UNIVERSITY OF CHICAGO
'*C" Maurice Walbrum 4952 Vincennes Ave., Chicago, 111.

GEORGETOWN UNIVERSITY LAW SCHOOL
**C" William W. Bride 131 B St. S. E., Washington, D. C.

DELTA CHI QUARTERLY

V6L n KAY, 1004 No. 2

THE LAW OF PATENTS

By Robert Catherwood, Northwestern Chapter

Delivered before the Chicago Alumni Chapter y on the occasion of its monthly

dinner y February 11th ^ 1904

I have been asked to inaugurate a new custom at the dinners
of this Association, by reading to you a paper touching upon that
branch of tiie laiw with which I am most familiar, viz., the Patent
Law, and while I do not wish to fatigue wilth a long dissertation,
it has struck me that you might find it worth some moments of your
time to hear briefly an account of the fundamental principles of the
•law of patents, and some of the practical primary questions which
arise under it.

These laivs trace their source and are based upon a short
clause in the Federal Constitution granting to Congress the power to
promote the progress of science and the useful arts, by securing,
for Hmited times to authors and inventors, the exclusilve right to
their respective writings and discoveries.

The striking thing about this clause of the Constitution was
its novelty. The idea that it is one of the functions of the state to
encourage invention was, at the time the Constitution was adopted,
as new in political science as was the division of powers among
executive, judicial and legislative branches of goverment.

It is difficult for us to realize that, during ancient and me-
diaeval times, an inventor, instead of being considered worthy of
encouragement and reward, was generally looked upon with con-
tempt, while the powers that governed never considered the en-
couragement of invention for the benefit of the people an object
worthy of the attention of the State. There was no right to protec-
tion in invention at common law, or under the Civil or Roman law
from which most of the nations of Continental Europe derive their
jurisprudence. The artisan and inventor were donsidered only
worthy to be dassed with slaves upon whom the work of artisans
usually devdved. Seneca aptly expressed the sentiment of his time,
whenreferring to the fact that transparent glass for windows tube
for conveying heat, and the meians for writing short-lhand so as tlo
report language as fast as the orator uttered it, had been invented
before his time, he said that such subjects as these were not worthy
of the consideration of a philosopher, that they were drudgery, fit
only for the consideration of slaves. The sentiment of the Middle
Ages was aptly expressed by another writer, whose words I do not

C \y^A^

6 DELTA CHI QUARTERLY

undertake to quote, but who said, in substance, that if the invention
was sufficiently simple to be understood, the inventor was to be dis-
pised as a vulgar mechanic, or, if it was so ingenious that it was
not readily understood, he should be burned at the stake as a
sorcerer.

It remained for ooir country, leading the age, to adopt a scheme
of legislation which has gradually led the people to substitute for
the f^lible and oftimes unwilling hands of human servants, faithful
artificial servants, more reliable, efficient and obedienL

Prior to the legislation of April lo, 1790, by which Congress
enacted the first patent law, there had never been in the history of
the civilized world, any legislative enactment which secured such
rights to inventors. It is a common impression that the English
Statutes of Monopolies effected this purpose. But this, I tEink, b
a misapprehension. It contained no provisions whereby any rights
whatsoever were conferred. So far as it is touched upon at all, it,
in somewhat contradictory and equivocal terms, qualified the declara-
tion that all monopolies were contrary to law, by excepting from
that declaration exclusive rights in inventions for limited times, so
that they were not unlawful, but made no affirmative provisions for
such exclusive rights. And none were made by any enactment of
the English Parliament, or any foreign legislative body, so far as I
am aware, until after this policy had been inaugurated in this coun-
try. We must remember that the term "letters-patent" has not, in
its primary sense, any specilal reference to inventions, and that this
term has been commonly applied to open letters, bearing the seal of
any sovereign or state, especially such letters as purport to grant
some special privilege or authority.

In the time of Queen Elizabeth, the practice of granting monop-
olies in trades and commodities had been carried so far that we
wonder at the patience of the people who endured such restrictions.
These grants were not made with any system, or for any public pur-
poses, but were purely arbitrary acts of the Crown. To one person
or company was granted the exclusive right to trade in salt, to an-
other in iron, to a third to manufacture calf skin, to a fourth, to
make vinegar. In some instances the grantee was empowered of
his own motion to enter houses or other buildings where he sus-
pected the commodity in which he had exclusive right to deal, to
be concealed, to break down doors and use other necessary violence
for the purposes of discovering and seizing it. The matter was
brought up for discussion in Parliament during Elizabeth's reign,
and the manner in which it was treated exhibits the vast difference
between the Anglo-Saxon people of that day and this. Sir Francis
Bacon, the great intellectual genius of his time, arose in Parliament
and said:

"I say and I say it again that we ought not to deal, judge or
meddle with her Majesty's prerogative. I wish therefore every
man to be careful of this business.'

DELTA CHI QUARTERLY 7

And another member of Parliament said:

"He that goeth about to debate her Majesty's prerogative need
to walk warily."

The Queen in need of a large appropriation, shrewdly intimated
that she would cancel some of the more objectionable monopolies,
wherupon without waiting for sudi cancellation, a delegation of Par-
liament hastened to her presence, the speaker at their head, fell
upon their knees before Her Majesty and "as in duty bound, humbly
acknowledged" that her "preventing g^ace and all deserving good-
ness doth watch over us for our good," and exclaimed "that her
sacred ears were ever iypen to hear, her blessed hands were ever
extended to relieve;" that she had "the attributes of God himself,
performing all that she promised ; that "she was more ready to g^ve
than they to ask, much less deserve;" that she was "all truth, all
beauty, 2M loveliness, all Constance, all goodness ;" that "prostrate be-
fore her they devoted the last drop of their heart's blood, the last
breath of their nostrils to be poured out, to be breathed up, for
her safety."

Returning to Parliament they hastily passed an extraordinarily
liberal appropriation for the Crown. Little change took place in
her majesty's conduct with reference to monopolies, and they con-
tinued to flourish as before, their ills to accumulate, until during
the reign of King James the First, Parliament mustered courage
to pass what was termed the Statute of Monopolies.

At that time substantially all the trade of London was by virtue
of the exclusive grants concentrated in the hands of about two hun-
dred persons.

The Statute of Monopolies, after recitine that "his most ex-
cellent majesty of his blessed disposition to the weel and quiet of
his subjects had published in print to the whole realm and to pos-
terity that all grants and monopolies were contrary to law, which
your majesty's declaration is truly consonant and agreeable to the
ancient and fundamental laws of this your realm," enacted and
declared that "all monopolies, and letters-patent heretofore made
or granted or heretofore to be made or granted, for the sole, buying,
selling, making, working or using of anything within this realm, 'are
altogether contrary to me laws of this realm, and so are and shall
be utterly void and of no effect, and in no wise to be put in use or
execution.'" This was followed by certain provisos, among them,
that "this declaration should not extend to letters-patent or grants
of privileges heretofore made for the term of twenty-one years or
under, for the sole working or making of any manner of new man-
ufacture within this realm, to the first and true inventor of sudi
manufactures, which others, at the time of the making of such let-
ters-patent, shall not use, so as also they be not contrary to the law
or mischievous to the State by raising prices of commodities at home,
or hurt of trade, or generally inconvenient, but that the same shaH

8 DELTA CHI QUARTERLY

be of such force as they should be if this act had not been made, and
of none other."

It is to be observed that this does not confer any right or priv-
ilege that did not before exist, that it does not make any provisions
by which inventors are to be entitled to exclusive rights; that if
the first declaration were true, and the monarch had no power to
confer monopolies, inherently, there was no enactment to confer tfiat
power in respect to inventions ; that the excepti<Mi itself wats in terms
limited to grants such "as also they might be not contrary to law,"
and expressly disclaimed making any grant lawful that wotiM
otherwise be unlawful; that the recital had represented all grants
and monopolies to be contrary to the law of the realm ; and that the
probable effect of the grant of an exclusive right in and invention
would be to raise the price and hence bring it within the express
prohibition of this proviso. This statute was enacted in 1624, and
there appears to have been no further legislation upon the subject,
in England, until 1835. Beginning with the nineteenth century
the Crown in the absence of any statutory provisions ^janted patents
from time to time, purporting to secure exclusive rights in inven-
tions for the term of fourteen years, exacting fees that must have
put such patents beyond the reach of ordinary persons. The average
expense of obtaining a patent where the specification was short, ap-
pears to have been, in 1836, about $1,800. If it was a longer docu-
ment the fees were considerably increased. To the makers of our
Constitution therefore, state encouragement of inventtors was a
novel plan.

The first Congress which assembled upon the organization of
our Federal government, passed a law to carry the constitutional
provision into effect — a law which was promptly approved by Presi-
dent Washington, within less than a year after his first inauguration.
The importance attached to this subject and the dignified position
which it was considered to occupy, is further illustrated by the fact
that the law provided for presenting petitions for letters-patent
directly to the Secretary of State, and required the approval of the
Secretary of State, the Secretary of War, and the Attorney General,
or not less than two of them, for the allowance of the patent. After
such approval, the patent was required to be certified by the Attor-
ney General, then submitted to the President, whose duty it was,
under the law, to cause it to be sealed with the great seal of the
United States. It then issued attested in the name of the Presi-
dent. Slight minor changes were made in these provisions by sub-
sequent legislation, but the Secretary of State continued to be pri-
marily charged with the duty of allowing applications until 1836,
when the office of Commissioner of Patents was created, and this
department was subsequently placed under the supervision of the
Secretary of the Interior.

The Supreme Court was early given appellate jurisdiction over
all litigation under letters-patent without regard to the amount in

KSTKRN- CHAPTER.

DELTA CHI QUARTERLY 9

controversy. The first patent causes came before the court early in
its history when John Marshall was Chief Justice, and his decisions
largely shaped the law which has been applied in this class of liti-
gation. His opinions in patent suits exhibit the same comprehen-
sive fi:rasp of fundamental principles, the luminous insight, the
conscientious determination to so interpret the law as to make it
effectual in carrying out the purposes of its authors, as he exhibited
generally in expotmding the Constitution and laws dtu*ing the forma-
tive stage of our national history.

The first patent that issued bore the signature of Thomas
Jefferson as Secretary of State, and of George Washington as Presi-
dent. Prompt advantage was taken of the law, for it having been
approved April 10, 1790, the first patent issued not later than July
of the same year. The patentee, Samuel Hopkins, was a resident
of Vermont, which had not then been admitted to the Union, and
with the slow communications possible in those days, it must havcL
taken a large portion of the intervening time for information of the
passage of the law to travel there, and the application to reach the
capital. The first patent was for the manufacture of pot and pearl
ashes, the second for candles, and the next for punches for forming
type. It is however due to these early inventors to observe that such
subjects as cleanliness, light and literature, did not engross all their
attention, and that punches for forming type were not the only
punches in which they were interested, for the fourth patent was for
distillation.

The first country to follow the American precedent was France.
In that dignified assembly, where screaming washerwomen and fish-
wives furnished a chorus, and bloody heads were brought in to re-
mind legislators of their duties, it was proposed to abolish all
monopolies. But Mirabeau was understood to say that "an inven-
tion was as much the product and property of him who conceived
it, as wheat was of him who owned the land and tilled the crop, as
a child was the product of its mother's womb." These remarks met
with the approval of both washerwomen and honorable deputies, and
a patent law was passed. This law required a model and descrip-
tion to be submitted in a sealed box, marked and numbered, a patent
was granted on the device in box No. so and so, and the box was
not opened until a suit for infringement was brought before the
court.

Fortunately, the French law has since undergone considerable
modification. Substantially all civilized countries have patent laws,
and though in England and France one can obtain a patent on a
devi^ which is notoriously old, they have in many respects pat-
terned their laws on ours.

I now refer more particularly to some phases of the patent law
administered in this country which may have a direct practical
interest.

What is the nature of the franchise? A common impression

10 DELTA CHI QUARTERLY

is that it secures to the grantee, his assignees or licensees the exdu-
sive right to make, use and sell for seventeen years the machine,
process or article described and claimed in the patent. But this is
not true in the sense in which it is commonly understood. The
patent does not confer any right to make, use or sell, but if valid
it gives the grantee the right to prevent others from making, using
or selling. Frequently, persons assume that a license under a patent,
coupled with an assurance by competent authority that the patent is
valid, is equivalent to a guaranty tliat they can nuke, use, or sell
without liability for infringement of other patents.

It is not such a guaranty. A patent may be perfectly valid
yet the grantee under it may not be able to use what it embraces
without paying tribute to some dominating or primary patent upon
which the latter is an improvement, or some feature of which has
entered into the construction of the machine covered by the letter-
patent, or into the operation of the process to which it applies.
Wherever a radically new machine is invented it commonly follows
that successive machines are incorporated upon it or by it by suc-
cessive inventors. It may undergo many changes, each of which
necessarily contains something of the original machine. The aullior
of the original machine may be entitled to a patent that covers it
broadly. Each of the successive inventors may be entitled to a
patent that covers the improvements they have added, and these
patents may all be valid, but if the owner of the later patent under-
takes to use the invention described in it, he may be held as an in-
fringer, notwithstanding that his patent is valid.

What is patentable? Our statute says, "any new and useful
art, machine, manufacture, or composition of matter, or any new and
useful improvement thereof." The term "art" has been construed
as including a process over the mechanism used in its application.
The question, what is patentable and what is not, depends upon
so many considerations that it is difficult to state any proposition
that may not require qualification. In this country the invention
must be new and original — that is to say, if the patentee did not
originate, but simply borrowed it from another the patent is in-
valid, even though the invention had never gone into public use
before, or been patented or published here or elsewhere. On the
other hand, if the patentee originated the invention, that is to say,
conceived of it and developed it himself, without knowledge that it
had been conceived of elsewhere, and it afterward appeared that it
had, at some time in the past, been conceived of by another who had
never patented it or put it into use, but had abandoned it before
reducing it to practice, its prior conception by another would not
defeat 3ie right of the patentee, nor would a prior use that was
not known to him and that had never been published or patented.

The invention must be new in character or in some of its at-
tributes, not merely a change in shape without change in function
or change in materials witiK>ut other result than usuaiUy obviously

DELTA CHI QUARTERLY n

follows from such change of material. There are cases, however,
where changes of shape, very simple after they are once thought of,
produce material changes in results, and are patentable. There are
also other cases where changes in material produce such changes in
result as to sustain a patent, though they are exceptional. Whether
a change is a patentable invention or not, does not necessarily depend
upon the extent of skill required to make that change after the idea
has been conceived of, for the invention may reside in the con-
ception of a new purpose, method, or effect, or article, and after
such conception it may require less than ordinary mechanical skill
to embody it, and yet be a very important invention. While there
are many cases where changes require considerable mechanical skill
and completely revolutionize the appearance of the machine, they
are mechanical changes not sufficient to sustain a patent.

Many important inventions seem so obvious after they are
made, that we are inclined to say that it must have been obvious
before they were made that such results could be produced by such
changes, and that therefore it required no exercise of the inventive
faculty to produce them. The courts, however, allow for the fact
that it is looking at the invention after it has been made familiar
with the plan, and that this is a different attitude and a different
standpoint to that occupied by those who were looking forward be-
fore the patentee had exhibited the invention. If the invention
supplies a want that has long been felt and artisans have suffered
inconvenience or expense which could readily have been avoided by
the invention, if those skilled in the art having every inducement to
provide for it had failed to do so, it is generally strong presump-
tive evidence that the invention was not obvious until the eventual
inventor disclosed it, and where this is sufficiently shown the courts
usually sustain a patent.

But if the improvement has come as soon as there was occasion
for it, and came spontaneously from independent sources imme-
diately after this occasion arose, it may be regarded as only one of
those mechanical improvements bound to be supplied by ordinary in-
telligence whenever needed, and therefore not worthy of pro-
tection.

Our statute allows two years of public use for an invention be-
fore application for a patent — that is to say, if the invention has been
in more than two years public use in this country, or if it has been
patented or described in printed publications in this or other coun-
tries for more than two years before the application for patent, this
defeats the patent, notwithstanding the patentee was the original
inventor and discoverer. It makes no difference whether the public
use is by him or others. It has been held by the Supreme Court
that experimental use, though public, does not necessarily incur for-
feiture. The Statute makes m terms no distinction between ex-
perimental use and commercial use, but does make a distinction be-
tween public use and a use which is not public. The Courts seem

w DELTA CHI QUARTERLY

to have reversed this, and to have distinguished between experi-
mental use and commercial use, rather than between public use and
private use, and the difficulty of saying in advance whether a court
will construe a use as public or private, is illustrated by the decision
of the Supreme Court upon this subject in two cases, which came
successively before that court not many months apart. In the first
of these, the patent was for a pavement. The patentee had this
pavement in constant use on a public turnpike leading out of Bos-
ton for this purpose, before the application, and had made no
changes in it during that time, it having been ultimately patented
as originally placed upon that turnpike. It was contended that the
patent was void because of more than two years' public use. The
Supreme Court held that this was not a public use within the mean-
ing of the statute, and that the patent was valid. There had been
an English patent issued more than two years before the application
for the American patent, which the court admitted would probably
defeat the American patent if it had been early enough, but as it
was not prior to the first use by the American patentee on this turn-
pike it was held not to be early enough to defeat his right, since it
did not anticipate his invention. The use for the term of five years
therefore served to carry back the date of his invention, but was not
considered by the court to incur forfeiture by reason of two years'
public use.

The next term but one came before the court a case in which the
patent was for a corset spring. The only use of that invention more
than two years before the application for the patent which appeared
in evidence, was the use of one or two of these corset springs in
the corset worn by the wife of the patentee, though she began to
wear it before she became his wife, he having furnished her one
or two for her personal use before they were married. The court
had just decided that the use upon a public turnpike over which
traffic was constantly passing, was not a public use within the
meaning of the statute, and now decided that the use of this corset
spring in the corset of the sweetheart and wife of the patentee was
a public use in the meaning of the statute, and that the patent was
therefore invalid.

Who is entitled to apply for a patent ? Sometimes it is assumed
that if an invention is made by a mechanic during the time of his
employment in the factory of his employer, and with the materials
and facilities provided there, the employer te privileged either to
take out the patent in his own name or apply for a joint patent as an
inventor. But this would be fatal to the patent, and no acquiescence
on the part of the employee could save it. The patent must be ap-
plied for solely in the name of the actual inventor, and this means,
not every person who may own the invention, but only the person
who originated the invention. If you have conceived an invention
(and by this I mean not simply conceived an object which you de-
sire to accomplish, but also the means to accomplish it), and if after

DELTA CHI QUARTERLY 13

such conception, you instruct others to embody the invention, giving
them such instructions as enable them by the exercise of ordinary
mechanical skill to construct it, you are no less an inventor than if
you had done the mechanical work yourself. But if you simply
suggest to an employee that you would be glad to have a machine
constructed for the purpose of accomplishing a certain object, leav-
ing him to contrive that machine, and he works out the plan, he is
the inventor and not you. You may acquire an invention from the
actual inventor by contract made either before or after the patent
is applied for, and by having an assignment made contemporaneous-
ly with or subsequent to the application for patent definitely
identified with the application already prepared, you may acquire
legal title and have the patent issue to the party as assignee. But
the application must nevertheless be made and prosecuted in the
name of the inventor.

An implied license may sometimes be acquired under an in-
vention that has been developed in your shop, but this is something
n'te different from the title to the patent, and is not to be con-
nded with it. The simple using of your time, your materials
and your tools and machinery to work out an invention originated
by him, together with acquiescence in your proceeding to manu-
facture and sell the device so invented and afterwards obtain a
patent for it, would generally be an implied license to you to con-
tinue that manufacture and sale without paying tribute under the
patent. But it does not mean that you acquire any exclusive right
m respect to it, or any title to the patent. Such an implied license
is generally a personal one and cannot be transferred to assigns, or,
under ordinary circumstances, to successors. There may be special
circumstances that will alter this effect, and there may be special
circumstances which will negative the presumption that any license
exists. Every case must be specially determined. And it is gen-
erally better for an employer when taking into his employ artisans
who are liable to make inventions to have a written agreement
definitely fixing the rights of employer and employee respectively
with reference to any inventions so worked out or originated, or,
if there is no standing contract, it is well to make a special contract
as soon as it appears that such an invention is being worked out, so
there may be no room for misunderstanding.

The value of a patent does not depend solely upon what is
described or exhibited therein, or upon the real worth of the inven-
tion upon which it is founded. The invention may be exceedingly
valuable, and yet the patent worthless because failing to give ade-
quate protection. A patent which exhibits novel invention of
radical character and exceedingly useful, may have no practical
value because through ignorance or misapprehension the patent has
been so framed as to be utterly worthless and fail to secure the essen-
tials of the invention. It is a rule of construction that nothing in-
fringes the claim of the patent which does not contain every element

14 DELTA CHI QUARTERLY

mentioned in that claim, or the equivalents of such elements as have
been omitted. It is not sufficient that it contain every element which
is material to the result, for by mentioning an element in a claim, the
solicitor of the patent has, in legal effect, made that element essen-
tial so far as the effect of the document is concerned, even though
it be absolutely non-essential to the results obtained by the inven-
tion. If the daim of the patent includes with the essentials any
element that is a non-essential, or if it fails to include essentials,
that can be of little if any effect in protecting the invention, since
it is impossible for others to use the essentials while omitting non-
essentials.

The drafting of a patent, especially where it relates to an in-
vention of importance, requires intelligence, and a thorough under-
standing of the rules of construction applied by the courts, as well
as of the subject matter to be protected. The claims need to be
so framed as to forstall infringers under changes of form, and under
the various disguises to which competitors are likely to resort.
Every patent lawyer has frequently had the melancholy duty of
advising a patentee who supposed he had a valuable patent and
that it was being infringed by all who used the substance of his
invention — that notwithstanding his invention was of gpreat merit,
and was being substantially appropriated, his patent had unfor-
tunately been so framed as to give immunity to those who appro-
priated it. That is, that there were such restrictions in the claims
that others could with impunity take the whole substance of the
invention without infringing the claim.

What is an equivalent for an element named in a claim, de-
pends so much upon the actual scope of the invention exhibited in
the specification that the range of equivalents varies in different
cases. Where the invention is of a radical nature, there may be in-
cluded as equivalent a substitute which, individually considered,
is entirely unlike the clement for which it is substituted, which would
not respond to the same name, or work upon the same plan, but
which for the purpose of the combination in which it is placed, does
the same work, or substantially the same work, and bears substan-
tially the same relation to the other elements in the combination as
if that for which it is substituted.

Gravity may be substituted for a spring. Shafting and cog-
wheels may be substituted for a rope and pulley, and agencies ap-
parently very dissimilar are sometimes treated as equivalents. So
while every qualified term in a claim must be given its significance,
it is not necessarily given its literal significance. Sometimes it may
be restrictive or merely descriptive, in one case operating to limit
the claim, in the other case merely serving to designate the particular
part of the machine or other device that is referred to in the claim.
Thus where an element has been specified in a claim as vertical,
and another element as horizontal, if it appears that the real object
in describing the one as vertical and the other as horizontal, is sim-

DELTA CHI QUARTERLY 15

ply to indicate that they are to be at right angles to each other, and
that the same effect will be obtained if they are turned over so as to
make what was vertical horizontal, and vice versa, that daim may
be construed to cover this inversion. But if it appears from the
specification that where the term vertical was used some office is
ascribed to the part which depended upon the law of gravity oper-
ating through it, and which would be defeated by changing the
vertical to the horizontal, the term vertical may be taken in sub-
stantially a literal sense.

Such, gentlemen, are the primary questions of the patent law,
the principles of which are, no doubt, very simple. But as Captain
Cuttles' friend said, "the hearings of these observations is in the
application on 'em." You are all doubtless aware that the application
of legal principles to the apparently simple proposition did the de-
fendant appropriate the plaintiff's cow, evolved points of law which
required the attention of the Supreme Court of Massachusetts.
Should that celebrated case ever arise as a patent cause not only
would the court have to pass upon all the law points so ably deter-
mdned by Johnson, C. J., but it would in addition find it necessary
to analize the cow's anatomy — ^hoofs, horns, stomach, hide and tail
to determine that she was a cow, and then examine the plaintiff's
title deeds to ascertain whether he had aptly described the animal,
and had not through accident, inadvertence or mistake included
elements belonging properly to an ass or an Irish bull.

i6 DELTA CHI QUARTERLY

DOINGS OF CHICAGO ALUMNI CHAPTER

Members of the Fraternity, both alumni and under-graduate,
may be interested to know the practical workings of the first Alumni
Chaper and how it has succeeded in attaining its aims and ob-
jects. The objects of the alumni chapters may be summed up under
two heads viz: (i) to bring about a closer social relation and
friendship between the alumni and keep up their interest In the
Fraternity; (2) to secure a closer relationship between the alumni
and the active chapters in order to strengthen the active chapters.

At first thought it might seem that the benefit of a close rela-
tionship between the alumni and the undergraduates would innure
to the latter only. But we have found the benefit mutual. The
alumni are kept more closely in touch with the "XX," with the
progress and growth of the Fraternity and are imbued with fresh
enthusiasm, vigor and fraternal spirit by association with mem-
bers of the active chapters. Of course the benefits derived by the
active chapters are great — ^indeed it is hard to over-estimate them
and it may be safely said thalt without the encouragement,
influence, prestige, and aid of the alumni chapter, the active
chapters would never had attained their present strength. In-
deed, it is doubtful if the new University of Chicago Chapter
would have come into existence at all, without this aid.

It has never been the policy of the Chicago Alumni Chapter
to assuire the position of a local lawyers club or "bar association"
or to limit its membership to Delta Chis who have been admitted
to the bar or who have graduated from some law school, but on the
contrary its policy has been that — ^a Delta Chi is a brother when
initiated and is always equally welcome in its meetJngs whether
he has g^raduated or been admitted to t!ie bar or gone into some
other field of action. The Alumni Chapter always invites the mem-
bers of the active chapters to it's social uieetings and the invitation
is always accepted by many undergraduates. There is no formal
vote taken or act necessary to become a n^cmber of the Chapter.
If we bear that a Delta Chi is in town we send him a notice of the
next dinner and keep sending them till he comes, and if he is will-
ing to pay $1.00 a year dues, he is a member.

The following entertainments have been given since last
r.')ctobci :

Oct. 23, dinner at the Hamilton Qub.

Nov. 19, dinner at Mama GaHi's Italian Cafe. Violin S<rfo,
banjo duet.

Dec. 17, smoker at Lowden Hall, Nort?h western University
Building. Address by Dr. M. D. Ewell.

DELTA CHI QUARTERLY 17

Feb. II, dinner at the Hamilton Club. Paper by Robert
Catherwood.

March 19, lunch at the Union Hotel with Active Chapters.
Initiation followed at the Wellington Hotel.

March 29, dinner at Mama Galli's. Discussion on U. of C.
Chapter Delta Chi house to devise ways and means to secure and
furnish same.

The average attendance has been about thirty-five. At some
of the dinners there have been forty-five. At nearly every din-
ner two or three men, who have not been with us since the grant-
ing of the charter, appear to swell our members. Some of the
men come out only two or three times a year and others attend ali
or nearly all our m.ectings. During the course of the last year
fully seventy-five different Delta Chis have gathered around our
festive board to partake of good cheer and sing the songs.
As seen by the fore-going list of entertainments some sort of a
program is generally arranged for by the committee.

The Chicago Alumni Chapter was represented in the conven-
tion last year at New York by two delegates and was rep-
resented at Ithaca this year. It is taking an active interest in
the growth and progress of the Fraternity and is doihg all in it's
power to bring about such progress.

From the foregoing it is seen that the Fraternity has made no
mistake in establishing alumni chapters and in giving representa-
tion in its conventions.

The following are the present officers of the Chicago Alumni
Chapter :

President, Edward H. Barron. '01, 132 Michigan Ave.; Vice
President, William J. Kirk, Chicago 01, 2199 W. Congress St.;
Secretary, E. B. Witwer, Nbrthwestern, '97, 153 LaSalle St.;
Treasurer, Vernon W. Foster, Chicago, '02, Local Attorney Of-
fice I. C. Ry, Co.

Entertainment Committee: Qiairman, Harry Hyde Barnum,
Chicago, '03, 131 LaSalle St.; Hayes McKinney, Northwestern,
'03, 1600-100 Washington St.; E. H. Barron, Wm. J. Kirk, ex-
offido.

Among those Delts who have not been seen at the meetings of
the Alumni Chapter for the past year or two, but who have dis-
covered the error of their ways and come into the fold again
to partake of the good cheer are the foltowing:

Philip J. Maguire, Chicago, '99. 100 Washington St., Chi-
cago, rU.; A. A. McKinley, Chicago '99, 1628 Unity BMg. ; Rob-
ert C. Sturgeon, Chicago, 31 Tacoma, Bldg. ; F. J. R. Mitchell,
Northwestern, 100 Washington St. ; Wm. C. Rigby, Northwestern,
1200 Stock Exchange Bldg.

i8 DELTA CHI QUARTERLY

THE TENTH ANNUAL CONVENTION

The Tenth Annual Convention of the Fraternity was called
to order in the Cornell Chapter House in Ithaca at 10.30 o'clock
in the forenoon of the 7th day of April. When Counselor A.
Frank John, "AA", sounded the g^vel, all but one Chapter, Os-
gDode Hall, of Toronto, was represented by one or more delegates.
Shortly after the afternoon session convened, this chapter's ddt-
gate arrived, and for the first time in the history of the Fraternity,
all chapiters were represented in annual convention.

In this and other respects, the convention at Cornell surpassed
all its predecessors. In enthusiasm, in industry, and in the re-
sults achieved it stands out prominently. Constitutional changes
of vital inrportance were proposed early in the session, and a&r
a vast amount of consideration and labor, finally effected. So
great was the amount of work confronting the delegates, that an
extraordinary session was necessary. Every man in attendance
entered the work with heart and hand. Those who were not dele-
gates lent their voice to the dilscussion.

Other conventions, however, have undoubtedly furnished
more than this in the way of entertainment. The entertainment
committee met with no little difficulty in providing a satisfactory
program of events for the evening -hours. The City of Ithaca af-
fords fewer amusements than larger centers of population. It
happened, too, that the coaching party which had been planned for
the afternoon of the 8th, had to be abandoned because of the poor
condition of the country roads. A strong theatre aittraction that
had been scheduled for the week also failed the committee at the
last moment. These conditions and disappointments, neverthe-
less, were not sufficient to destroy the splendid spirit of good-fel-
lowship which prevailed. Every guest seemed bent on having a
good time irrespective of a fixed program and the entertainment
resolved itself into an impromptu sort, which is, after all, the most
natural.

The chapters were represented by the following men: Mich-
igan, Marcus R. Hart, Norman H. Smith and H. R. Fullerton;
New York University, Joseph Hartigan and George E. Draper;
Cornell, Charles E. Kelley, Andrew Ruthledge, Jr., and Louis
R. Gulick; Dickinson, E. F. Heller and A. Frank John; Minne-
sota, Harry H. Thomas; Osgoode Hall, J. D. McMurrick; North-
western, Russell Wiles ; Chicago- Kent, Harry H. Bamum ; Syra-
cuse, Charles L. Crane ; Buffalo, Francis E. Bagot and E. Lothard
McClure; Union, William B. Zimmer; West Virginia, Harry E.
Scherr; Ohio State, Roy C. Taylor; New York Law, Leroy T.
Harkness, Edward D. Freeman, and Frederick C. Russell; Uni-

iiil:-

?!K<^'..i:' --^^^T^

\ »>

DELTA CHI QUARTERLY 19

versity of Chicago, Frederick D. Dickinson; Georgetown, Will-
iam W. Bride and N. J. Kopmeier; New York Alumni, John J.
Kuhn and George W. Olvaney; Chicago Alumni, Edward C.
Nettels.

In addition, there were the following men who participated
in the work of the convention: Floyd L. Carlisle, "CC"; Arthur
G. SlagJit, "EE," Manton M. Wyvdl, business manager of The
Quarterly, James O'Malley, editor-in-chief of The Quarterly;
E. L. RandaiU, Cornell '93; and the following members of the Cor-
nell chapter: Harold S. Richardson, William S. Peace, Hugh P.
Henry, A. Raymond Cornwall, James T. Driscoll; Ralph S. Hos-
kot, William Duke, Jr., George Ndbach ; and Harold Kelsey.

About a half dozen members of the Cornell Chapter who were
mostly freshmen, were absent from Ithaca on their Easter vaca-
tion. Among others who attended the Convention at different
times were, Rufus G. Shirley, New York University Chapter; Ly-
man A. Kiltium, *02, Oliver D. Burden, '96, and Henry C.
Brooks, '00, of the Cornell Chapter. Others not present at the ses-
sions of the Convention, but who attended the banquet, were Dean
Ernest W. Huffcut, of the Cornell College of Law ; Clarence D.
Ashley, Dean of the New York University School of Law ; John N.
Carlisle, of Watertown, a brother of Floyd L. Carlisle, "CC;
Charles B. Swartwood, Cornell '97, and John J. Hassett, Cornell
94, both of Elmira, N. Y.

The plans for the Convention were in charge of the following
committee: Charles E. Kelley, Andrew Rutledge, Jr., and Harold
J. Richardson, active members of the Cornell Qiapter, and Floyd L.
Caiiisle, chairman of the alumni committee.

At the opening session on Thursday morning Leroy T. Hark-
ness was chosen as presiding officer and William Duke, Jr,. was
made secretary. The work of tlie first session, which was brief,
consisted of the preliminaries of organization. A committee on
credentials was appointed and later made its report. Adjournment
was then had until i o'clock in the afternoon. Luncheon was serv-
ed to the delegates in the Chapter dining room inmiediately follow-
ing.

The afternoon session was called to order shortly after i o'clock
and the business of the convention immediately taken up. The re-
ports of the Supreme Court officers were heard. Counselor John,
as Chief Justice, presented a brief written report in which he re-
viewed concisely tfie work of the year and made recommendations
as to the Fraternity's policy for the ensuing twelve months. Coun-
selor Hart, as Associate Justice, rendered a brief verbal report.

The most exhaustive report was presented by Counselor Car-
lisle as Qerk. It contained a detailed account of the existing con-
ditions of the Fraternity and required fully an hour for its presen-

20 DELTA CHI QUARTERLY

tation. It was based upon information secured from the chapters
by means of interrogfation blanks which had been sent out during
the year. This mass of detailed information was supplemented by
suggestions and recommendations from CounseSor QirfaJsle whidh
met with the heartiest approval and which, after adoptlcm, formed
the ground work for constitutional changes of vital and far-reach-
ing effect.

The reports of Qjunselor Nettels and Counselor Slagfat in
their respective official capacities were deferred until the morning
session following. The first officer had not his fully prepared,
while Counsek>r Slaght did not arrive in Ithaca until Friday evening.

The report of Counselor Carlisle had so completely covered
the ground that there was little left for the informal reports of the
delegates. Each chapter, however, through one of its delegates,
assured the Convention that a splendid spirit of brotherhood and
a hearty support of Delta Chi's welfare prevailed within its organ-
ization. With few exceptions, progress in the affairs of each since
a year ago was apparent. For Cornell, C. E. Kelley reported;
Dickinson, E. F. Heller; Netw York University, Joseph Hartigan;
Minnesota, Harry H. Thomas; Northwestern, Russell Wiles; Chi-
cago-Kent, Harry H. Barnum; Buffalo, Francis E. Bagot; Syra-
cuse, Charles L. Crane; Union, William B. Zimmer; West Vir-
ginia, Harry E. Scherr; Ohio State, Roy C. Taylor; New York
Daw, Edward D. Freeman; Osgoode Hall, J. D. McMurrick ;
Georgetown, WiBiam W. Bride ; Chicago Alumni, Edward C. Net-
tels; New York Alumni, George W. Olvaney.

This work took up the afternoon session which was brief. A
tour of the University campus and buildings followed. The dele-
gates divided into groups and were escorted by members of the
Cornell Chapter and alumni. The greatest interest was manifested
by the visitors in the various Fraternity houses. There are more
than twenty of these magnificent structures at Cornell, which is
easily the center of Greek letter fraternity life in America. The
visitors were shown the University Library, Sage Chapel, the Col-
lege of Law, Sibley College and its shops, the gorges, the Hydraulic
Laboratory in Fall creek, Beebe Lake, the Chi Psi and Alpha Delta
Phi lodges as points of special interest.

Thursday evening was spent in the Cornell Chapter parlors
where an informal smoker was held. Late in the evening the crowd
shifted downtown to the Dutch Kitchen where songs were sung to
the music of the clinking glasses and steins. By midnight the party
had broken up and its members retired for rest preparatory to the
important work of Friday's session.

The report of Counselor Nettels was heard on the opening of
the morning session. It showed a sound financial condition in the

DELTA CHI QUARTERLY 21

Fraternity, despite tlie extra expenditures of die past year, ivhich
had been occasioned by the maintainance of The Quarterly.

Manton M. Wyvell, as business manager of the Fraternity
publication, also presented his report. In itfiis he disclosed that
The Quarterly has been almost self-supporting during the pres-
ent year. A comparatively small increase in the number of sub-
scriptions and a few additional pages of advertising will relieve,
practically, the Fraternity treasury from this burden of maintain-
ance by the end of next year. The editor of the publication also
nmde a brief verbal report in which he made suggestions in the work
for adoption during the ensuing year.

Lundieon and a photograph of the delegates taken at the main
entrance to the Chapter house consumed the time between the morn-
ing and afternoon sessions. The photog^ph which (is published
herewith, turned out successfully and each delegate took away one
as a souvenir of the trip.

Most important work was accomplished at the afternoon
session of Friday. A complete reorganization of the governing body
of the Fraternity was effected through constitutional amendments.
The number of members on this body was increased to fifteen,
three of whom are hereafter to be known as the Fraternity officers.
The fifteen men are to be chosen by the Chapters in convention as-
sembled and the officers elected by the fifteen from among their
number, for terms of three, two and one years. Other constitu-
tional amendments of less significance were also adopted.

The session adjourned only to meet again at 8 .-30 in the even-
ing. Dinner was served in the Dutch Kitchen to about forty-
five members of the Fraternity. The tables were arranged about
the room in the form of a square with an open center. The guests
were seated <mi the outside only. This plan proved most satis-
factory, since the diners were face to face. Several of the Frater-
nity songs were sung in chorus and the two hours were spent most
enjoyably.

The routine of the Convention occupied the hours of the
Saturday morning session. The various committees made their
reports and were discharged. Petitions for charters from several
bodies were considered, but upon these final action was deferred.

The diief work of the afternoon session consisted in the elec-
tion and installation of officers. The place and date for holding
the next Annual Convention was referred to the Supreme Court.

The election of officers resulted as follows : For the three-year
term, A. Frank John, Dickinson ; James O'MaSley, Cornell ; Russedl
Wiles, Northwestern; Harry H. Bamum, Chicago-Kent; Frederick
D. Dickinson, University of Chicago: for two years, Edward C.
Ncttds, Chicago Alumni; Norman H. Smith, Michigan; William

22 DELTA CHI QUARTERLY

W. Bride, Georgetown; Leroy T. Harkness, New York Law; H-
R. FuBerton, Michig^: for one year, Floyd L. Carlisle, Coraelt;
Edward D. Freeman, New York Law; Ruftis G. Shirley, New
York University; Otis S. Carroll, N«iw York University; J<rfm J.
Kuhn, New York Alumni. The length of the term was determibed
by lot.

These men chose from their number the following officers to
serve one year: Edward C. Nettels, president; Ftoyd L. Carlirfe,
secretary; Rufus G. Shirley, treasurer.

James O'Malley and Manton M. Wyvelt, of ComeM, wene re-
elected editor-in-chief and business manager of The Quarterly,
respectively.

A. Frank John presided at the installation of officers. Thb
completed the work of the Tenth Annual Convention which ad-
journed sSne die. Chairman Leroy T. Harkness received congratu-
lations from aOl for his splendid success as a presiding officer. His
untiring efforts and good judgment, more than any other cause,
helped to expedite the great mass of work.

ImfmediateJy following the adjournment of the Gonvenftion,
John N. Carlisle, of WatertowTi, N. Y., was initiated as an hooor-
ary member of the Cornell Chapter. He is a leading attorney of
Northern New York and the secretary of the Democratic State
Committee.

THE BANQUET

The Convention banquet was held in the dining room of the
Ithaca Hotel Saturday evening at 7:30 o'clock. There were ap-
proximately fifty-five seated. Ernest W. Huffcut, Dean of Ac
Cornell Cdllege of Law, acted as toastmaster, and seated on his
right and left respectiBvely were Clarence D. Ashley, Dean of the
New York University School of Law, and John N. Qarlisle, of
Watertown, as guests of honor. At the head of the table, to the
right and left of the toastmaster, were John J. Hassett, of Elmira;
John J. Kuhn, of Brooklyn ; Charles B. Swartwood, cA Elmira ; Oli-
ver D. Burden, of Syracuse ; A. Frank John, of Mount Carmel, Pa. ;
Filoyd L. Cariisle, of Watertown ; Professor Duncan Campbell Lee,
of Ithaca, and Edward C. NetteJs, of Des Moines, Iowa.

The tables were arranged in triangular form. The Ithaca or-
chestra rendered music during the dSnner which extended over a
period of two hours. A white carnation, the Fraternity flower, was
at each plate. The menus were in buff lealther, in legal doctnnent*
ary form. A copy of Fraternity song^ was also furnished ami be-
tween the courses, these were sung, with orchestra aocxnnpani-
ment.

The pdlished style and grace of Dean Huffcut, his wealth of
humorous stories, and his ready wit, furnished a rare treat to the

DELTA CHI QUARTERLY 23

banqueters. They were charmed with their toastmaster and were
loth to kave the banquet hall. After the program of speeches, an
informal reception was held and the majority of the delegates were
given the opportunity of meeting him and Dean Ashley personally.

Dean Ashley was the first speaker introduced. He assured
his brother Delta Chis that no occasion but a Convention banquet
of the Fraterniity would have been sufficient to bring him to Ithaca
at this time. He made a part of his toast a practical talk to "The
1-aw Student of Today." The lawyer practicing at this time must
know the principles of the law and learn to reason from them. The
maze of decisions that are being written by the courts renders it
impracticable to know the law. Delta Chi, the speaker said, ought
to aim to assist its members in this idea of leam^g to reason from
principle and thus become a tremendous force for good.

John N. Carlisle responded to "The Lawyer in Active Prac-
tice." He gave a common sense talk straight from the shoulder.
He said he had received his training in the school of experience
rather than that of theory. He recommended politics as the means
for becoming acquainted in a community where you intend to prac-
tice. His advice was valuable and well received.

The toastmaster at this point told a story about the "shark"
lawyer. While in bathing at the seashore, he was chased by a huge
shark. On reaching the shore in safety he turned and shaking his
fist in defiance at his pursuer, cried, "This is the worst breadi of
professional etiquette I ever knew."

John J. Hassett had been assigned the subject, "Advice whith
Costs Nothing and is Worth Less." But after the speaker had
told of some seemingly tremendous fees he had charged his clients,
the toastmaster insisted that he had apparently understood his sub-
ject to be "Advice which is Worth Nothhig and Costs More."

Edward C. Nettds responded to "Delta Chi" and H. R. Ful-
lerton, of Michigan Chapter, spoke on "Conservatism in the Fra-
ternity." William W. Bride, of Washington, spoke for "The Baby
Chapter" and evinced a deep earnestness for the welfare of Delta
Chi.

The speech of John J. Kuhn who responded to "The Alumni"
was rich in wit and brightened by a fund of good stories. The
speaker made a tremendous hit. Dean Huffcut introduced him as
"the beardless boy" who had great difficulty in gaining admittance
to Cornell eight years ago. The toastmaster here told the story of
the youth wto was sent to represent the King of Spain at Rome.
The Pope was indignant that the Spanish nxmarch shotdd have sent
him a b^rdless youth, whereupon the youngster replied, "Had my
King known that Your Holiness was 'wont to measure ability by
die beard, he would have sent you a goat."

a4 DELTA CHI QUARTERLY

The reguilar listt of speeches was followed by imprxMi^tu re-
sponses from James O'Maley, Mantoo M. Vfyvdl^ Professor Thm*

can C. Lee and Floyd L. Carlisle. The q)eech of Professor Lee
proved to be the right speech in the right place. It was unqindified-
ly the most effective of the evening.

The speaker paid a splendid tribute to Cornell Delta Chi men,
particularly to Daniel Hamner Wells, of SaJt Lake City, Utah. In
his death the Fraternity has suffered an irreparable loss. He was a
man of noble qualitiies and of marvelous intellect. Harley N.
Crosby was also mentioned, and Professor Lee said it was possible
to miention many other Dedta Chi men with whom he had most
agreeaMe relations.

Continuing, the speaker said. Delta Chi should emphasize more
the Fraternal bond of brotherhood. The selfish interests of the
profession should not^be the predominating purpose. But both
ideas united, ought to result some day, fifty years hence perhaps,
in Ddta Chi being the heart of the American bar. It is a most
worthy ambition which can and will be realized if the ideals of Dtiha
Chi are follk>wed.

Floyd L. Cadisle, on behalf of the Cornell Chapter, bid God
speed to the visiting delegates. He spckt with grace and dignity.

Early Sunday morning found the delegates leaving for their
respective homes. A few were compelled to Heave before the ban-
quet was over. A majority of those in sUtendance at the Conven-
tion remained in town until Sunday evening, however, and enjoyed
themselves to the last.

DELTA CHI QUARTERLY 25

ECHOES OF THE CONVENTION

H. R. Fullerton, of the Midiigan delegation, was unfortun-
ately iU during ithe first two days of the Convention and was con-
fined to his room in the Ithaca hotel. He made "good time," never-
theless, wlien Monsieur La Grippe released him. Elias H. Kelley,
of the Cornell Chapter, was anodier who chose a most inopportune
time to sojourn in the Cornell infirmary.

It required only three days for Edward L. Randall, Cornell,
*93, the oMest alumnus present to rid himself of ten years and be-
come one of the boys again. A tnt slow at the start, he gained nerve
and dash as the hours passed. At die end he was well up with the
bunch. And can you doubt that he feds that he has become a bet-
ter Delta Chi and a more loyal Comdlian for having been with
us ? He was right royally welcomed, and more so, because he alone
of aU the men who belonged to the first five classes of the MoUier
Chapter attended.

"Johnny" Kuhn was the only member of a special committee
of three present at the sessions. Yet, "Tim" WoodruflF John in-
sisted that the committee was full enough at all times to do busi-
ness.

The "Baby Chapter" was a real good child during the first
year of its existence, and was justified in claiming a reward.

There were times that Harkness failed to "hark" to those who
appealed to be heard. And great was the wisdom tihereof.

Barrister, solicitor, and story teDer ; these three ; and the great-
est in these is McMurrick. And it also came to pass that he was,
in one respect, like unto Sousa.

"Little" John (To one who has just entered the Chapter
House) Pardon me, btit 'will you kindly tdl me which chapter you
represemt?
The new comer — ^Yes, sir, I am the photographer's assistant.

That was certainly a most opportune date for the will contest
which brought "Ollie" Burden to Ithaca white the Convention
was in session. It was of short duration, but at the ck>se of the

a6 DELTA CHI QUARTERLY

evidence "Ollie" began a contest of mind which required several
hours for him to reach a decision to remaiti in Ithaca with the
fdUows. It is to be hoped tie will never regret it. We who had
the pleasure of his good fellowship certainly never wilL It was
a supreme delight to have him there. Moreover, **J^hnny" Kuhn
welonned with sardonic pleasure the opportunity of pulling him
off the **water wagon," and their combined efforts per long dis-
tance 'phone biiorught **aiarHe" Swartwood to the scene.

It was a regretable incident of the Convention that it had to
pass without the presence of one of the Fnaitemity "fathers." But
it must not be forgotten that the majority of them are now fath-
ers in a double sense and are loth to disturb their sweet repose in
the bosom of their families. Fourteen years hence their absence
may not seem so strange to us. But we can rest assured that we
then had, and always will have thdr good will and blessing.

Counselor from Giicago: — Do you make a specialty of n^-
ligence law?

Counselor fnom New York: — No, not now. One night this
winter I chased a trolley car three miles through the snow and
nothing happened ; so I decided to give it up.

DELTA CHI QUARTERLY

The Delta Ghi Quarterly

Published at Ithaca, New York

BOARD or EDITORS

Jambs O'Mallbt, Editor-in-Chief,

4 Eric Co. Sayings Bank, Buffalo, N. Y.

M ANTON M. Wyvell, Busincss Manager,
Ithaca, N. Y.. and 31 Nassau St.. N. Y. City

ASSOCIATES

Floys L. Caiuslb, Chap. Correspondence,
8 Stone Street, Watertown, N. Y.

John J. Kuhn, Alumni Page,

189 Montague Street, Brooklyn, N. Y.

William W. Budb. ExchanMe Editor,

131 B. Street, S. B., Washington, D. C.

EDITORIALS

The Tenth Annuafl Convention brought the delegates to 0)r-
nell, the home of the Mother Chapter of the Fraternity. It was
most natural for them to welcome this opportunity of visiting the
institution which gave birth to Delta Chi. Hence, they came in full
numbers, every chapter being for the first time represented in an-
nual convention, But they did more than merely attend. They

came, one and all, with a deep interest in the work before the
Convention. They were filled with a spirit for ach?eving restflts
that would redown to Delta Chi's welfare. In short, there was an
interest in this convention never befiore manifested, all of wWch
can not be accounted for by the mere place of meeting.

This spirit must be regarded as indicative of the fact that the
delegates, and the chapters they represent, are becoming more appre-
ciative of the growth and development of the Fraternity. When
they came to Ithaca they had in mind that there was important
work before them. Moreover, there was a general feeling that
some needed reforms in the system of government of the Frater-
nity were required, but what shape those reforms should assume,
IJie majority had no definite idea. But once a feasible change was
suggested, the representatives of the chapters were not slow in
giving it their approval. Some were naturally reluctant to take

j8 delta CHI QUARTERLY

what seemed to be a radical step. But after due ootisideration those
men became convinced that the new plan was a decided improvement
over the old regime.

And for the present, at least, we must assume, that the change
effected was in every way desirable. The truth or falsity of the
assumption will only be determined by the soundest of all rules,
namely, that of experience. It remains for the men to whose care
the new instrument of government has been g^ven, to demonstrate
its success or failure. The old machinery was discarded because it
seemed ineffective. But die new will prove as equally ineffecient,
unless the men who constitute it put forth honest and sacrificial
effort to put it in the best workitig order. Work, hard, honest
work, is what is demanded of the individuals who make up diis
board. And those who fail to work, or find they have no time to
give to the important duties imposed upon them, ought to resign
those duties at the next Convention, and not hold their places simply
for the empty honor which attaches thereto. Unless this is done,
the same critcism of the plan that was heard so frequently of the
old, can be made with greater justification.

It is regrettable, inleed, that the new idea had to sacrifice one
of its strongest recommendations in its inception. It was honestly
welcomed as the best eliminator of the most undesirable feature of
the selection of men for such positions. But not only did it not
prove its merits in this respect, but on the contrary, was fruitful of
the most flagrant violations of the principle which it sought to eradi-
cate. This result was by no means anticipated, and, under the cir-
cumstances, may have been unavoidable. Undoubtedly it was con-
sequent upon this idea which filled the minds of the men who fath-
ered the plan, namely, that the peculiar nature of the first board
chosen required that it should find its strength in the qualifications
of its individual members, rather than in a general representation
of chapters. This reflection is one consolation whidi survives a
result that left no little amount of unpleasantness and misunder-
standing.

Viewed as a whole the Tenth Annual Convention ought ix> be
productive of general good to the Fraternity. It did more than
effect a reform in government. It brought all Chapters together in
a spirit of fraternal union. The spirit of brotherhood which was

DELTA CHI QUARTERLY ap

emphasized by Professor Lee at the banquet, was felt as never be-
fore. Furthermore, it helped to emphasize the idea of mutual obli-
gation among the chapters, teaching them that they owe a greater
duty to the whole than to any part. This idea, above all others,
should ever be uppermost in the minds of all members of the Fra-
ternity. When this purpose predominates, and not until then, will
our brotherhood as such, become really great.

XJ XJ X3

The attention of the alumni gcnerailly is especially directed to
tlie splendid organization which has been effected and put into work-
ing order by the alumni of Chicago. Monthly dinners are hdd dur-
ing the fall and winter. Informal programs of entertainment are
arranged, instructive papers are occasionally read, and in many
ways, these meetings are made miost enjoyable to the members of the
Association. In thi^ number of The Quarterly is published a most
excellent dissertation on one of the most interesting branches of
the law, which was read by Mr. Catherwood not long ago at one of
the monthly dinners. This paper in itself serves to show of what
practical value these alumni associations can be made to the mem-
bers of the profession. It calls forcibly to mind a fact which all
members of Delta Chi have come to appreciate to a greater or less
degree, namely, that membership in our Fraternity continues to be-
stow its benefits long after the severance of active association with
the chapters. But further than this, these occasional reunions of
the alumni tend towards good fellowship, keep alive interest in the
welfare of the Fraternity, and strengthen the ties of brotherhood.
Too much cannot be urged in favor of the formation and main-
tainance of these Associations. They ought to exist in every lo-
cality where Delta Chi men can be found in sufficient numbers to
justify their organization. Detroit, Buffalo, Syracuse and Philadel-
phia are fields which afford opportunity for the good work.

U U U

This issue of The Quarterly is the fourth in number and its
publication represents approximately the completion of its first
year's work as the Fraternity publifcation. Some little success
has resulted, but its scope and influence has vast room for ex-

30 DELTA CHI QUARTERLY

tension. During the ensuing year it is the hope of the board that
the publication can be gradually enlarged and other departments
of value be added. In this number, a department of exchanges
appears for the first tilme. Hereafter it will be in charge of
William W. Bride of the Georgetown Chapter. The maintenance
of the department of alumni notes is all important. Its success
thus far is largely due to the effort of John J. Kuhn. But without
assistance from the men who are directly interested in its main-
tenance, namely the alumni themselves, it will be well-nigh im-
possible to make this department what it should be. Attention
has already been directed to this feature of the work and the im-
portance of the cooperation of the alumni in its success. In this
connection, it may also be repeated that contributions from alum-
ni on legal subjects are all-important. They will be welcomed
from any member and their publication will lend a larger influ-
ence and keener interest in the work. Not one, buit two or three
articles of this nature, moderate in length, can be printed in each
issue. During the ensuing year, this ought to be borne generally
in mind and every effort should be made by subscribers and all
who are interested in the development of this publication toward
securing such contributions for these pages.

U U U

The delay occasioned by the Convention, together with an un-
fbrseen delay in the work of publishing by the printer, are responsi-
ble for this issue not having reached subscribers last month. It was
intended to publish about April 20th. At that date we were notified
by the publishers that their facilities for bringing out the book had
been so diminished by reason of changes in their publishing depart-
ment that it would be impossible for them to publish on the time
scheduded. When it was seen that the book could not be mailed in
April it was decided to call it the May number. The next number
will appear early in July, liowcver, and no change will be made in
original plans respecting the dates for publication.

. •: ■ .\ .

DELTA CHI QUARTERLY 31

THE NEW ACTIVE OFFICERS OF THE

FRATERNITY

It is impracticable to give any leng^y sketch or biogfraphy of
the men who have been elected as active officers of the Fraternity.
It is sufficient to say that, as a body, they are men experienced in
the internal and external affairs of Deflta Chi. Several are alumni
who have been in aittendance at a number of annuad conventions.
Some are past officers of the Supreme Court. More represent
the type of men who have been closely identified with the affairs
of their respective chapters. All have a keen interest in the wel-
fare of the Fraternity and favor a policy which will tend toward
a steadfast and healthy progress.

Two of the three officers of the governing board are es-
pecially well qualified for their positions by reason of their ex-
perience as former officers. Edward C. Nettels, the president,
has been a member of the Supreme Court for three years past.
He is enthusiastic, conscientious and an earnest worker. Floyd
L. CarlJsle, tlie secretary, lias fulfilled the duties of his office dur-
ing the past year with more than ordinary ability. His new po-
sition will afford him even greater opportunities for the perfor-
mance of splendid and effective service to the Fraternity.

Rufus G. Shirley, the newly elected treasurer, while mot en-
joying the experience of his two co-workers, gives promise of a
faithful administration of the duties of his office. He is a member
of New York University Chapter and has evinced his deep Jnter-
est in the Fraternity by attending every function of importance
which has been held under its auspices since he became a member.
He holds the confidence of the entire membership of the
Fraternity and will undoubtedly make a most valuable man In this
important position.

33 DELTA CHI QUARTERLY

CHAPTER CORRESPONDENCE

January 1904 — April 1904
By Floyd L, Carlisle

CORNELL

The Tenth Annual Convention and preparation for the enter-
tainment of its g^est and delegates has occupied the attention at
Cornell during the whole of this year. A detailed report of this
event is given elsewhere and no attempt is made to deal with it
here. Suffice i't to say that the Chapter greatly enjoyed tiaving the
delegates with them. The initiation of John N. Carlisle, of Water-
town, as an honorary member of the Chapter, which took place dur-
ing the closing hours of the Convention, adds another strong mem-
ber to Corndl's honorary rolls.

No further initiates have been reported since the January
number of The Quarterly was issued. Some honors have been
achieved by individual members of the Chapter. Elias H. Keltey,
'05, was elected business manager of the Daily Sun, Harold J.
Richardson, '05, was leader of a debating team which met Colgate
University in January. William S. Peace is captain of the Cornell
cricket team, an organization which is of recent origin at Cornell.

Junior week was most successful this year. The Chapter en-
tertained its guests in the Chapter House. Among the alumni who
returned to attend the Junior Prom were Edward Toohill,'o2; Dud-
ley K. Wilcox, *oi ; Louis E. Allen, *oi, and Arhtur M. Wright,

'03.

Stanley Smith, '07, has left the University for the remainder

of the year.

At the time of the Convention the following Alumni returned :
E. L. Randall, '93, Hancock, N. Y. ; C. B. Swartwood, '95,

Elmira, N. Y. ; J. J. Hassett, ^94 ; Elmira, N. Y. ; James O'MaHey,

'01; Buffalo, N. Y.; O. D. Burden, ^98, Syracuse, N. Y.; J. J.

Kuhn, '98, New York City; M. M. Wyvell, '01, New York City;

L. A. Kilbum, '03, Dunkirk, N. Y.

NEW YORK UNIVERSITY

Initiates, Henry M. Connelly, '05, New York City; Andrew
J. Conneck, Jr., '05, New York City; John Joseph Breen, '04, New
York City ; Arthur Butler Graham, '04, New York City ; John Jos-
eph Sullivan, '04, Long Island City, L.I. ; Chester Herman Lane, '05,
New Germantown, N. J.; George Collingwood Felter, '04, Haver-

DELTA CHI QUARTERLY 33

straw, N. Y.; George J. Puckhafer, '06, New York City; Charles
Winiiam Gerstenberg, '05, Brooklyn, N. Y. ; Qinton F. Taylor, '05,
Mt. Vernon, N. Y.; Arthur D. V. Lyons, '04, Cedarhurst, L. L;
Orrin Reynolds Judd, '04, Brooklyn, N. Y. ; James Albert Hamil-
ton, '04, New York Qty.

In the Senior class George J. Corbett is g^and marshal for
Graduation Day ; W. R. Yard is chairman of the dinner committee ;
R. S. Patterson is chairman of the post-graduate committee; Ar-
thur B. Graham is treasurer of the class, law school editor of The
Triangle and law schooil editor of The Violet.

In the Junior class H. M. Connelly is president of the dass ;
C. H. Lane is president of the Senior class in the University Col-
lege Department; George C. Felter is class poet; C. W. Gersten-
berg was leader of the Debate team agaj?nst Rutgers and H. M.
Connelly holds the Intercollegiate discuss champion^ip.

The annual dinner of the Chapter was held at the New York
Athletic Qub on April 23rd. The Hon. Elliott Root, George B.
McQennan, Charles A. Towne, John J. Quinn, Nathan Elsberg,
Professor Huffcut and Professor Leigh of Cornell and Dean Ash-
ley were asnong the prominent invit^ guests.

MINNESOTA.

No initiates have been reported since January. The Chap-
ter has rented rooms adjacent to the Campus, where the Chapter
meetings are held. The rooms are very satisfactory club rooms.

On April 15th a banquet was held for the Alumni of the
Twin Qties.

H. H. Thomas represented the Chapter at the Convention,
it being the first time in several >'ears that the Chapter has had a
representative at the Convention.

UNIVERSITY OF MICHIGAN.

One initiate was reported since January, namely Carl J. Ma-
her. Fort Dodge, Iowa. H. S. Weekes, '02, ex-coach of the Kan-
sas University foot ball team, visited the Chapter in December.

H. M. Weir was elected interschcdastic foot ball manager for
the succeeding year. Paul Jones was chosen coach for the West-
ern Reserve football team for next year.

The Honorable W. J. Bryan was entertained by the Chapter
March 12th and 13th. An informal dinner was given to him at
which Dean Hutchins and Judge Bogle were present.

34 DELTA €HI QUARTERLY

Marcus R. Hart, Norman H. Smith and H. R. Fullertoo
were Michigan's delegates at the Convention. Smith and Fidler-
ton were elected to the governing board of the Fraternity.

DICKINSON.

One initiate, Joseph E. Oyer, of Stone Church, Pa., is re-
ported. A committee of the Chapter has been appointed to col-
lect full information of the Chapter's history.

Francis J. Weakly, son of Professor J. M. Weakly of the
Law School, and an honorary member of the Fraternity, died in
Scranton, Pa., January 23rd. A. S. Longbottom and A. L. Walsh
passed the Supreme Court examination of this state, and H. F.
Laub and Floyd McAllee passed the preliminary examination be-
fore the State Board.

A smoker was given recently in honor of Harvey Bueton, '93,
Omaha, Neb., one of the Chapter's charter members.

Brother Spencer will represent the Fraternity again this year
on the baseball team. H. A. Hillyer is leader of the rmandxMn
club which has just returned from its Easter trip.

NORTHWESTERN.

Initiates reported are John B. Romans, '06, Dennisoo, la.;
George R. Wilson, '06, Chicago, 111,; Morton H. Eddy, '06, Chi-
cago, IM.

Alton F. Johnson passed the State Bar examination. He
will complete his course in the Law School before beginning prac-
tice. Russell Wiles was the Chapter delegate ito the Convention.
He was elected to the governing board for a term of three years

CHICAGO-KENT.

Initi'ates reported are Benjamin Parmalee, '04, Waukj^;an,
HI., and E. R. Eppstein, '05, Chicago, 111. Members of the Chapter
having regularly attended the monthly dinners of the Alumni Chap-
ter. The Chapter is assisting the Alumni Chapter of the city and
the University of Chicago Chapter in arrangiJng for the opening of
the Chapter House next September. The lK>use will be main-
tained by the University of Chicago Chapter but will be use4 also
by the Chicago-Kent Chapter.

Harry Hyde Bamum was the Chapter's delegate to the Con-
vention. He -was elected to the governing board for a term of
three years.

DELTA CHI QUARTERLY 35

Orville D. Brown, one of the charter members of the George-
town Chapter is now attending the Qiicago-Kent Codlcge of Law,
and has been affiliated with the Chapter. Charles F. Rathbun is in
the office of Brother Ashcraft in the Temple, ChScago.

H. L. Bird, '04, is City Paymaster of Chicago. Benjamin
Parmalee, 'oj, was admitted to the bar last month.

Brother Frank L. DeLay is in the l^^al department of the Il-
linois Central Railway Company where there are now two othet
members of the Chicago Chapter.

BUFFALO.

Initiates reported since January are Robert W. Farrington,
,05, Buffailo ; L. C. Westwood, Ex-Williams, BuffaSo ; W. A. Lin-
der, '05, Buffalo, and Charles Knappenberger, '05 Buffalo.

On February 25th, 1904, the Chapter held its regular banquet
at the Niagara Hotel. It was the largest banqueit ever held in Buf-
falo by the Fraternity. Judge Albert Haight, of the Court of Ap-
peals of New York presided, and Judge Kruse, Attorney General
Cunneen, Colonel Bell of the U. S. Army, Judge C. H. Hammond,
District Attorney Coatsworth and the Honorable E. R. O'Malley
were among the speakers.

Francis E. Bagot and E. Lothard McClure were delegates to
the Convention.

OSGOODE HALL.

Initiates reported are M. G. Hunt, Hamilton, Ont. ; W. G.
Mahaffy, Bracebridge, Ont.; D, A. McEtonafld, Qencoe, Can.;
James T. Haverson, John A. McEvoy, William W. Livingstone,
and Arthur H. Britain, of Toronto.

J. D. McMurrick was the Chapter's delegate to the Convention
at Ithaca.

SYRACUSE.

No initiates were reported since January. S. A. Ralph, '05,
won second place in the 440-yard dash at the indoor track meet at
the 74th Regiment Armory, Buffalo, on February 20th. The
Chapter has estabUshed a literary prc^am for some of its meet-
ings and its aim has been to pursue legal inquiries. The house
committee has reported favorabiy for securing a house for the
Chapter next year. The plans are to lease for the following year

36 DELTA CHI QUARTERLY

and to establish a sinking fund with whith to ultimately buy a
house.

Brother Crane attended the Convention at Ithaca as a dele-
gate.

UNION.

Initiates reported are John H. Dugan, honorary, Albany, N.
Y., and Alfred D. Van Buren, '05, Kingston, N. Y.

On February i6th, the Chapter entertained at the Chapter
House, Mrs. J. Newton Fiero and Mrs. ConneMy, of Kingston,
acted as patronesses. Brothers John J. Kuhn of Brooklyn and
William W. Bride of Georgetown were recent guests at the Chap-
ter. William B. Zimmer represented the Chapter at the Ithaca
Convention.

OHIO STATE.

No initiates were reported since January. An informal
smoker was given in honor of Brothers Roe and Wander who
passed the State Bar examination in December and who are locat-
ed in Toledo and Cleveland, respectively.

The Chapter has purchased a complete set of Ohio State re-
ports and Ohib statutes.

F. T. Elagleson was a member of the team which defeated the
University of West Virginia in debate at Columbia. Joseph Kew-
ley was on the team which debated Oberlin College. He also won
the second prize for effective debating. Brother Tayflor was the
Chapter's delegate to the Tenth Annual Convention.

WEST VIRGINIA.

One initiate, Flemming Newman Alderson, '06, Somersvillei
West Virginia, was reported. The Chapter has literary pro-
grams at its meetings and invites prominent men to deliver them.

NEW YORK LAW.

Initiates reported since January are Louis Ellitott Johnson,
'05, Princeton, Asbury Park, N. J. ; Harvey Hartzin, '05, Yale, New
York City ; Robert Meacham Davis, '05, Dartnwuth, Newton, Mass. ;
Otto Anthony Hack, '05, Princeton, Greenwich, Conn.; Albridge
Clinton Smith, Jr., '05, Princeton, Orange, N. J.; Glen Carlton
Wharton, '05, Princeton, Omaha Neb.; Ward B. Chamberlain, Jr.,

DELTA CHI QUARTERLY $7

'05, Princeton, New York City. One honorary initiate, Samuel
Seabury, Justice of the City Court, City of New York, is reported
and on February 17th, a smoker was given in the Cafe Francis in
his honor.

UNIVERSITY OF CHICAGO.
Initiates since January are Frederick Arthur Fischel, '05, Uni-
versity of Chicago, Ph.B., Chicago; David Hurlburt, '05, Univer-
sity of Chicago, Hartsgrove, O. ; S. Crawford Ross, '05, Univer-
sity of Wisconsin, '03, Mineral Point, Wis.

J. Carlisle Moore has returned to the Law School. J. F.
Raum has been appointed a lieutenant in the U. S. Army, and
is stationed in Manik, P. I. It is planned to secure a Qiapter
house for next year. The Chicago-Kent Chapter will unite in the
enterprise. Frederick S. Dickinson attended the Convention at
CcTnell as the Chapter's delegate.

GEORGETOWN.

The Georgetown Chapter has added to its roll a man of whom the
whole Fraternity may be proud. Whatever may be the opinions
of the Honorable William Jennings Bryan so far as the political
situation is concerned, no one doubts his manly character and in-
corruptible integrity. The boys at Georgetown thought this and
bid him to become a "Brother Delt." Col. Bryan accepted "with
^ gteat deal of pleasure" and promised to set a date for inita-
tion "when robust health and convenience would be in conjunc-

tion."

Col. Bryan made a special trip to Washington on February
24th and was immediately placed in charge of the "special com-
mittee" appointed to take charge of his entertainment. At six-
thirty, he was driven to the Chapter House and after a very pleas-
ant hour of story telling, was blind-folded and lead through the
mysteries of the "Outer Court" and slowly and solemnly passed
on to the dim and wierd realm of the "Inner Court," whose Stv-
gian darkness would appall the most courageous. And soon Col.
Bryan came forth as Brother Bryan and Delta Chi was honored.

Immediately following the Itiitation, a banquet was served
in the double parlors of the Chapter House, which were decorated
with the Buff and Red of Delta Chi. After the courses severa'
toasts were responded to by the chapter's guests, teeming with
fraternal spirit and tribute to Brother Bryan. When the toast,
"Our New Bnother" was drunk, Col. Bryan responded on "The
Value of an Ideal to a Young Lawyer." In part he said :

j8 DELTA CHI QUARTERLY

"You are all young lawyers just entering the noble profession
Off the law and it behooves you at this time to really know the
duties of a lawyer toward the rest of the world. Honesty should
be your chart and compass, frankness should be the mountain
peak ever before your eyes. It is your duty to be honest with the
court, honest with your client and honest to yourself. If the
court sees that the lawyer does not intend to inform it of the law,
if it sees that his only object is to cloud the situation in order to
win his case, the court looks with suspicion on that lawyer for-
ever afterward. It suspects him even when he should not be sus-
pected, even when he is tr)ring to be honest. Be honest with your-
selves. Carry out the principles of our Fraternity — they are ex-
cellent principles. Act as you have taught me to act and success
in its truest sense will come to each and every one of you. Real
success lies in honesty and honest alone."

There was quite a large attendance of Delta Chi men from
out of town and from other chs^ters of the Fraternity. Among
the Washington men who are "Delts" and who were present and
take an active part in the Chapter's affairs were Senior Gonzalo
de Quesada, the Cuban Minister to the United States, Chief Jus-
tice Qabaugh of the Supreme Court of the District of Columina,
Professors D. W. Baker, J. Nota McGill and R. Ross Perry, Jr.,
of the Georgetown faculty and Stuart McNamara. All the active
men were present.

It would have done the heart of any loyal Delta Chi good
to have witnessed the greetings between Brothers Bryan and Que-
sada. They are old time friends and greeted each other affec-
tionately for the first time as Brothers in Delta Chi. They ex-
changed "grips" and a hearty laugh from Col. Bryan brought
forth the announcement that "Quesada made a mistake in the
grip. Cbl. Bryan remarked, "I am a member of seven secret
societies with seven different grips, but the two that give me the
greatest trouble to remember are these two grips" — pointing to
his two satchels.

A letter from Brother Bryan to the Chapter told of his re-
cent visit to the chapter at Michigan. He said that he was royally
entertained by "my brothers in Delta Chi" and that he thorough-
ly enjoyed himself with them. Georgetown thanks Mich^B^an for
her fraternal welcome to a loyal son of Delta Chi hailing from
Georgetown.

Initiates reported are John Harvey Walther, '07, Chicago,
111.; Alfred Almurti, '06, graduate of the College of the Qty of
New York, Washington, D. C. ; Asa Creed Gracic, '04, Georgetown
University, '01, Little Rock, Ark.; George Anthony Grace, '07,
Syracuse, N. Y.; Thomas W. Brahany, '06, Milwaukee, Wis.;

DELTA CHI QUARTERLY 59

James Branch Bocock, '06, Washington, D. C; Charies Henry
English, '05, Erie, Pa.; Robert J. Kennedy, '06, Scottdale, Pa.;
Fairfax Sheild McCandlish, '06, Saluda, Va.

A. E. Berry, C. W. Arth, H. H. Hanger, H. W. Hahn, E. H.
Flueck, F. H. Winson, C A. Qark and W. R. P. Malony were ad-
mitted recently to the bar of the District of Columbiia. A. R. Denn
and C B. Rix were admitted to the bar of Wisconsin and W. R. P.
Maloney was admitted to the bar of New York State.

On February 8th, 1904, the Chapter gave a successful dance
ac the Chapter house.

WILLIAM W. BRIDE.

40 DELTA CHI QUARTERLY

NEWS OF THE ALUMNI

By John J. Kuhn

CORNELL.

•91. — ^John Milton Gorham is engaged in active law practice
at 13-21 Park Row, New York City.

'93. — Edward L. Randall, who formerly practiced law in
Binghamton, N. Y., is now engaged in the bluestone business at
Hancock, N. Y.

'96. — Oliver Dudley Burden is a member of the law firm of
Burden & Shanahan, Syracuse, N. Y. Their offices were rencently
ship of Illinois. Brother Matchett's office is at 184 LaSalle street,
Chicago.

'95. — ^Lieutenant Louis H. Kilboume was recently married
at Fort Sill, Oklahoma.

'96. — Oliver Dudley Burden isc a member of the law firm of
Burden & Shenahan, Syracuse, N. Y. Their offices were recently
lemoved to the Andrews and Kennedy building.

'97. — ^Francis Marks Hugo is a member of the firm of Brown,
Carlisle & Hugo, at Watertown, N. Y.

'00. — ^Joseph A. Corr is practicing law in Troy, N. Y.

'01. — Victor Dow Borst is engaged in teaching Latiin and His-
tory at the Hasbrouck school, in Jersey City, N. J.

'01. — Manton M. Wyvell has moved to New York City, where
he has his law office at 31 Nassau St.

UNIVERSITY OF MICHIGAN.

'95. — ^Emil C. Wetten is a member of the firm of Eddy, Haley
& Wetten, with offices at 800, The Temple, Chicago, 111.

'95. — L. Barton Case is an active attendant at the New York
Alumni Chapter gatherings, and a member of its Board of Direc-
tors. He is the senior member of Case & Newkirk, lawyers, Ger-
man-American Building, New York City.

'96. — ^Daniel Roderick Williams is now in Manilla, P. I.

DICKINSON

'97. — ^John Harris Williams has offices in Wilkes Barre and Ply-
mouthPa. He has been quite successful in law, and has served a
term as Assistant District Attorney of Luzerne Co.

W. Brooke Yeager, James B. O'Keefe and John Manovski, Jr..

DELTA CHI QUARTERLY 41

are aU located at Wilkes Barre where they are practicing law.

Julian C. Walker has attained a high standing at the bar of Wil-
mington, Del., because of his success as a criminal lawyer.

J. Banks Kurtz, charter member, practices law at Altoona; R.
A. Henderson, also a charter member, is located in the same city.

Geoage T. Brown, 97, is practicing veZwhandediyA i A

George T. Brown, '97, who until recently was engaged in the
practice of law at Freeland, Pa., is now located in Philadelphia where
he is engaged in corporation work.

'98. — William K. Shissler, ^98, is practicing at Pottsville, Pa.,
and has attained some reputation as a leg^l writer. Recently Mr,
Shissler issued a very thorough work on '^Contractors and Builders
in Pennsylvania, which was very favorably received by the bar of this
State.

J. S. Omwake is practicing law at Shippensburg, Pa.

'01. — Hamikon D. Gillespie is with the Land Title and Trust
Co. at Philadelphia.

NORTHWESTERN.

C. E. Dietz is at Moline, 111.

'03. — Hayes McKinney is an active member of the Enter-
tainment committee of the Chicago Alumni Chapter. He is with
Lyman, Busby & Lyman, at 1610 Washington street, Chicago.

CHICAGO-KENT.

'00. — ^Dudley W. Lester, who affiliated from Michigan in 1900,
is now with Parker & Hagan, practitioners, in Chicago.

'02. — Arthur C. Snow is in the legail department of the Chi-
cago, Milwaukee and St. Paul Railway Company in Chicago.

'03. — William C. Miller, secretary of the State Bank of Chi-
cago, was recently blessed by the arrival of a daughter. Too bad
it was not a prospective Delta Chi.

'03. — Byron W. Wright and Joseph F. Peacock are both prac-
ticing in Chicago.

'03. — ^Theodore C. Robinson is in the office of C. E. Kraemer,
one of the most prominent Admiralty lawyers of Chicago.

'03. — ^Walter S. Johnson is engaging in the flour commission
business as a side issue. He is practicing in Chicago, at 92 LaSalle
street.

42 DELTA CHI QUARTERLY

OSGOODE HALL.

Frank Ford, who has occupied the posoltioti of solicitor to the
Toronto Treasury for the past eighteen months has resigned to
enter the prominent law firm of McCarty, Osier, Hoskin & Hari-
court, Toronto.

'97. — W. H. Moore, who for some time has been connected
with the Toronto Railway Company and who has attained the po-
sition of assistant to the president, was recently appointed, in ad-
dition to this office, the secretary of the Canadian Northern Rail-
way Company, a new railway which in a short time is destined
to rtm almost the entire distance across the Dominion of Canada

'98. — ^John Dewar McMurrick is a member of the law firm of
McMurrlck, Hodgins & McMurrick, in Toronto, Ont.

'98. — ^Arthur G. Slaght and John D. McMurrick represented
the Osgoode Hall Chapter at the recent Delta Chi Convention at
Ithaca, N. Y.

UNION

'01. — Daniel Casey is a member of the firm of Casey & Quinn,
practicing at Albany, N. Y.

'01. — R. Monell Herzberger is a mwnber of the firm of Duntz
& Herzberger practicing at Hudson, N. Y.

'01. — Stanley B. Sherman is a member of the firm of Shennan
& Van Dyke engaged in the practice of law at Coxackie, N. Y.

'01. — ^William M. Verbeck is practicing law at Ballston, N. Y.

'02. — Benjamin B. Hutchins is with the Mutual Life Insurance
Company, 32 Nassau St., N. Y.

'02 — George A. Halcombe is an attorney in the law department
of the Travellers Insurance Company of Hartford Conn.

'02 — Robert Dillon Carver is practicing law in Topdca, Kan.

'02. — Robert B. Jones is practicing law at R-emsen, N. Y.

'02. — Bruce U. Martin is practicing law in Watertown, N. Y.

'03. — Say E. Nimmo is engaged in the practice of law at Troy,
N. Y.

'03. — W. B. F. R<:^ers is practicing at Kingston, N. Y.

'03. — L. R. Chase is engaged in practice at Marathon, N. Y.

'03.— Milton R. Frisbee is with Reynold, Standifield & Collin,
attorneys of Elmira, N. Y.

'02. — ^John J. McMullen is a member of the firm of McMullen,
Pulver & McCartie practicing at Schenectady, N. Y.

DELTA CHI QUARTERLY 43

OHIO STATE

E. A. Spurier is practicing law in TifHn, Ohio.

H. C. Godown is following the same profession at Hillards,
Ohio.

E. J. Lambert is now situated at Independence, Kansas, where
he is promoting the oil business.

Herbert Kreigbaum has opened his lay office in Canton, Ohio.

Qyde C. Porter is practicing in Tiffin, Ohio.

Thomas Hober is practicing law at Etetjrton, Ohio.

W. C. Rowe is practicing at Toledo, Ohio.

C. B. Wander is located at Qeveland, Ohio.

Fred Swan is promoting oil interests in Marietta, Ohio.

NEW YORK LAW

The New York Law Alumni take great pleasure in welcoming
the first honorary member installed by the Chapter — Judge Seabury
of the City Court. The election of Brother Seabury is especially
fitting in that he was a member of the first class to be graduated by
the law schood and was for several years thereafter the school
secretary. The ability and dignity shown by him during the tenure
of the City Court Bench has not only given him a high standing but
has aJso served to increase the respect for the Court with which he
has been connected. His desire to take active part in the Chapter
affairs is extremely gratifying.

'03. — It is with g^eat regret that we learned of *'J\idgt" Down-
ing's determination to leave New York to take a position in the Sur-
rogate's office at Mineola, S. I. His worth and jolly good-feJlow-
ship will be a great loss.

'03. — In addition to the loss of Downing we regret the removal
of ConaMe who has given New York the twist for Buffalo.

'03. — Charles F. Murphy had the proud honor of being toast-
master recently at the annual banquet of Lafayette Sons of Vet-
erans. Mayor McClellan was at his side and for the moment Murphy
felt the part of his namesake — Tammany's famous leader.

UNIVERSITY OF CHICAGO

'04. — Frank Joslin Baume sailed for Manilla last January. At
Manila he will assume the duties of a Lieutenant in the U. S.
Army. Brother Baume is the composer of a new Delta Chi song
and also a two-step and march, dedicated to the Fraternity.

George P. Hambrecht, who is now in the Yale Law School, has

44 DELTA CHI QUARTERLY

been awarded first prize of fifty dollars for having passed At best
examination in parliamentary law. The prize is awarded annually by
the Yale Kent Club.

GEORGETOWN

D. W. Baker commences his lectures on the Law of Evidence
before the Georgetown Universfty School of Law at the beginning
of the third term.

Stuart McNamara has just settled a large matter, out of which
he made a nice fee, which came to him because he was a Delta Qii
and a good lawyer. Brother McNamara is as enthusiastic as any
active man in the chapter and seldom misses a meeting or social
event.

Hugh H. Hanger, '03, has begun the practice of law at Charles-
ton, West Virginia. Here's success, Hugh!

Francis Hunter Burke, '03, is associated with Hastings, Allen
& Hasting in the Temple in Washington, Ind.

Orville B. Brown, Ex- '04, is in Chitago. He writes that the
"Chicago Delts are strictly all right."

Fred Warner Carpenter, Minnesota '97, is private secretary
to Secretary of War Taft. The Georgetown Delts welcome him
to Washington.

Ray E. Middaugh, Cornell, spent the winter at Lakeland,
Florida. The chapter at Georgetown recently had a nice letter
from him.

DELTA CHI QUARTERLY 45

AMONG THE

The first negro fraternity was organized at DePauw Uni-
versity early in the present year.

Psi Upsilon is said to have one surviving founder. The Fra-
ternity was organized at Union, the mother of fraternities, in 1833.

Phi Delta Theta is congratulating itself on the selection of one
of its alumni as president of the university at which it was found-
ed— Miami.

Kappa Sigma charter authorities have been on the jump in
the last ten years for no less than forty chapters have been installed
in that time.

Washington University, St. Louis, is attracting considerable
attention as a fraternity field. Kappa Sigma and Sigma Chi are
the latest to install.

Sigma Alpha Epsilon is at work on a fraternity manual.
Aside from its regular publication, the Record, it issues a confi-
dential periodical known as Pi Alpha.

The number of fraternity men at the University of Pennsyl-
vania is five hundred and ten. The total number of Greeks in
Philadelphia is close to five thousand.

Phi Gamana Delta has joined Delta Kappa Epsilon in trying
to get down to a plain unjeweled pin basis. Both have forbidden
their official jewelers to manufacture jeweled pins.

The Sigma Chi endowment fund plan has secured to that Fra-
ternity in the six years of its working, its Cornell, Stanford and
Michigan Chapter houses, property aggregating over $60,000 in
value, and each year adds $2,000 to the fund.

Phi Delta Theta has 68 chapters ; Beta Theta Pi, 65 ; Phi Gam-
ma Delta 57 ; Sigma Chi, 50 ; Sigma Nu, 46 ; Alpha Tau Omega, 46.
These constitute the largest chapter rolls, excepting Kappa Sigma
with 60 and Sigma Alpha Epsilon with about the same number.

46 DELTA CHI QUARTERLY

Phi Kappa Psi and Phi Delta Theta annually observe "Found-
er's Day." Phi Kappa Psi's annual event comes on February 19th,
the natal day oif the fraternity, and its constitution requires that
the day shall be observed in some fitting manner by each chapter
and alumni association.

Beta Theta Pi has long led in the number of houses which its
chapters occupy, but last year was overtaken by Phi Ddta Theta.
The October directory of Beta Theta Pi shows that about seventy
percent of its chapters have houses and the ratio is practically the
same for the Phi Delta Theta.

In the college world there are at present thirty fraternities,
with an estimated membership of one hundred and fifteen thous-
and. They are represented in 680 colleges with some 670 active
chapters and 390 inactive ones. The professional fraternities have
an estimated membership of twenty thousand.

Sigma Nu, Beta Theta Pi, Delta Upsilon and Zeta Psi have
new chapter houses at Michigan. Delta Kappa EpsiAon is build-
ing at Stanford and Syracuse and has the only house at Lafayette.
Kappa Sigma has a new house at Stanford. Theta Delta Chi has
just entered Stanford and has the old D. K. E. house. Sigma Al-
pha Epsilon has bought a house at Cornell.

A new plan to provide all fraternities, which have chapters
at the University of Chicago, with chapter houses, is being serious-
ly considered. A plan has been suggested to President Harper
whereby the University will erect suitable houses near the Univer-
sity, which will be rented to the various organizations. A stater
ment of the needs of the chapters has been drawn up and is now
before the trustees. Under this plan the fraternities would come
in touch with the general house system which is being worked out
at the University of Chicago.

Of the six presidents who have been members of college frater-
nities only four were members in their college days. Garfield was a
member of the Williams Chapter of Delta Upsilon. Arthur was a
Psi Upsilon at Union. Harrison was a Phi Delta Theta at Miami
and a Delta Chi at Michigan. Cleveland was a Sigma Qri at
Michigan. It is said that he was initiated on a railway train into
honorary membership. McKiifley was an honorary member of
Sigma Alpha Epsilon and was initiated in his office at the State
capitol of Ohio. President Roosevelt is claimed by both D. K. E.
and Alpha Delta Phi. He is also a Phi Delta Phi of Columbia,
better known as the "Story Qub."

DELTA CHI QUARTERLY 47

BOOK REVIEWS

Brief upon Pleading^ in Civil Actions, at Law, in Equity and Un-
der the New Procedure, by Austin Abbott of the New York Bar.
In two volumes. Price $9.00. The Lawyers Go-operative Pub-
lishing Company, Rochester, N. Y., 1904.

"Do not allow your brother lawyer to go to trial better pre-
pared than yourself," is spflendid advice to the practitioner. And
to have at hand the two volumes mentioned above is all that is
necessary for the lawyer to take advantage of this advice. The
author, in his new edition of his Brief on Pleadings, has furnished
to the profession a simple means of a careful and thorough prepa-
ration for the trial of cases which, if followed, should prevent, in a
large measure, the frequent mistrials in the lower courts and
help to relieve, to a great extent, the congested conditions that
now prove so embarrassing to the appellate courts. In his preface
to the first edition the author states his chief purpose in producing
this work when he says it is a part of the plan with which he has
been endeavoring to make the path of the practitioner in American
courts more plain. "Whatever is done to diminish the number of
mistrials below, at once diminishes the discouraging and deterrent
effect which such experience have upon clients, and diminishes the
number of appeals to crowd the calendars of the courts of last re-
sort."

The first volume of the work treats of the demurrer and covers
all proceedings before the trial of the "issues of fact." The second
volume treats of the jurisdiction of the court, parties, the mode of
trial called for by the pleadings and the order of hearing the par-
ties and issues. The work aims to state the existing general rules,
and supports them with abundant citation from leading authorities
and from all jurisdictions, at the same time directing attention to
all reasonable conflict of opinion. This qualifies the work as one of
universal value. To the young attorney, in particular, it should
prove invaluable in the preparation of his cases for trials and
equip him with one of the prime essentials of his profession, name-
ly, an early self-reliance.

The two volumes are in splendid print, being from the press
of The Lawyers Co-operative Publishing Company of Rochester.
The first edition numbers 25,000 volumes and the increasing de-
mand for the work is likely to reduce this supply to the minimum.

The Principles of the Law of Bailments, including the Law of Com-
mon Carriers of Goods, Common Carriers of Passengers, Tele-
phone and Telegraph Companies, with a Table of Cases and In-
dex complete. By Albeit J. Dsajiaiber of Albany, N. Y. Banks
& Co., Albany, N. Y., 1904. ,

48 DELTA CHI QUARTERLY

This is the first brief and concise work of its kind which has
been compiled. It has been preceded by more complete works of
from one to three volumes and this very fact prompted the author to
condense the subject and to give to both students and the profession
a work in which the principles of the law of bailments should be
easily accessible. To satisfy one that he has succeeded in his plan
it is only necessary to glance at the work which consists of barely
one hundred pages. Within this short space, however, is found the
meat of the subject. The essential principles of the law are set forth
in the most concise statement possible, but i*n every instance there
is a strong reinforcement of citations. This is shown in the list of
cases cited which extends over thirty pages of the book between the
preface and chapter one. The work is divided into sixteen chapters
and has a carefully arranged index. Because of its concise form,
the work is particularly adapted to the need of the student.

The Cyclopedia of Law and Procedure, Volume lo. A new work
on Corporations by Seymour D. Thompson. Edited by William
Mack, New York, The American Law Book Company.

The loth volume of the Cyclopedia of Law and Procedure
is remarkable in severail particulars. It covers 1370 pages and
is, therefore, one of the (largest text books ever published on a
legal subject. Appearing, as it does, within thirty days after the
9th volume of the series, it speaks loudly of the energy and enter-
prise of the publishers.

The most striking thing about the book, however, is the fact
that, aside from a few definitions, it is taken up entirely with a
treatment of the law of private corporations. It is, in short, a
new and elaborate treatise on the subject that is today of the great-
est importance in the business world.

The author, Seymour D. Thompson, is one of the best known
American law writers of the present day.

The space actually taken up by this treatise covers 1363 pages,
and is equal ih size to three ordinary volumes of text books. The
whole law of Private Corporations having a joint stock is em-
braced, except what properly falls under the head of Foreign Cor-
porations, which will be treated under its own title in a later vol-
ume by the same author. The great learning, vast experience and
mature judgment of the author have all been brought to bear in
the production of this volume, and have united to make it the crown
of his achievements. The result justifies the most sanguine ex-
pectaitions.

Some idea of the exhaustiveness of the treatment here, and
of the carefulness with which the detail is worked out may be
gathered from the fact that the analysis covers 142 of these large

DELTA CHI QUARTERLY 49

octavo pages. The writer has taken whatever space seemed to be
necessary to the full and clear statement of the law. The notes
are voluminous and include everything useful and necessary by
way of explanation and illustration. The examination of the au-
thorities cited must «have involved a tremendous amount of labor.
The citation embraces, on a conservative estimate, about 25,000
decided cases.

This volume alone justifies the existence of the series in which
it appears. It should be in the office of every corporation and Jn
the library of every practising attorney. And no general law li-
brary is complete without it.

Gumming and Gilbert's Official Gouit Rules, revised to Jan-
uary 1st, 1904, published by the Banks Law and Publishing Gom-
pany of 21 Murray street, New York Qty, contains the Rules of
Practice in the Gourts of New York State arranged most conven-
ienllly for the practitioner. Besides the provisions of the Gonstitu-
tion relating to the lower and Appellate Gourts of New York, the
work contains the rules of the Gourt of Qaims and the Gity Gourt
Mimicipal Gourts and the Gourt of Special Sessions of New York
Gity.

When necessary, adequate citation has been given in explana-
tion of the difficult and confusing features of practice. The index is
conveniently arranged. The feature of the work is its convenience
and practicable arrangement. A lawyer in doubt regarding the
proper mode of practice as laid down by the Gourts can easily set
himself right by the careful study of the proper portion of this
work. It is a most valuable and necessary acquisition to tf*e 'li-
brary of any New York lawyer.

"Modern Eloquence," Ex-Speaker Thomas B. Reed's famous
library, in ten handsome volumes, contains a resume of the greatest
thought of the past century. It is comprised in four departments :

1. Fifty great classical and popular lectures. Every lecture
is complete. These deal with history, science, travel, biography,
literature, art, philosophy, etc.

2. About 150 scholarly and finished addresses. Notable liter-
ary, scientific and commemorative addresses and eulogies. They
possess an inestimable value to the lover of beautiful and classic
English.

3. About 300 famous after-dinner speeches. The first collec-
tion of post-prandial oratory ever published. They abound in wit,
wisdom and htmior, and are expositions and discussions of the im-
portant events and questions of our national history.

4. Brightest story, reminiscence, anedote and repartee such

so I>ELTA CHI QUARTERLY.

as only men like Reed, Clark, Dolliver, Allen, et al., could provide.

A portfolio containing photogravures of Ex-Speaker Reed,
Ambassador Qioate, Grady, the great Southern orator; Ian Mac-
Laren, Oliver Wendell Holmes and other contributors to "Modern
Eloquence;" a specimen color plate reproduction of the beautiful
mural decorations of the Congressional library at Washington, and
specimen pages from tliis fine work will be sent free upon receipt of
six cents in stamps to pay postage. Write at once, before portfolios
are exhausted, to John D. Morris and Company, Suite 380, Common-
wealth Building, Philadelphia, F^.—Ai/v/.

DELTA CHI QUARTERLY Si

HONORARY AND ACTIVE MEMBERS

BY CHAPTERS

The Business Manager announces that a complete directory of
the Fraternity is now in type and will be published forthwith. It
will be a pocket directory and wiB be sent to every member of the
Fraternity whose address is known. To cover the cost of printing,
each member who receives a copy will be requested to send 25 cents
to the Business Manager.

This directory was provided for by the Tenth Annual 0>nven-
tion recently held in Ithaca, and since no directory or catalogue of
the Fraternity has been published since 1899, ^he necessity for a new
directory is apparent, and its value self-evident.

Before the Convention was held, the editors had decided to
print a directory of the Fraternity in The Quarterly. However,
realizing that scarcely one-third of the alumni would be reached
through The Quarterly and being impressed with the greater
convenience and nisefulness of the pocket directory, and to avoid
needless repetition and expense, The Quarterly Board decided to
omit the directory of the alumni.

But thinking that a list of the active members in each Chapter
would be of interest to subscribers since it would give some indi-
cation of the work which each Chapter was doing, and that the pub-
lication of a list by Chapters of all the honorary members who have
joined since the Frajternity was established would be useful, we
print herewith this information.

The lists of active members were furnished the Business Man-
ager by the various Chapters, and include all initiants to April 12th,
1904. This list should be correct. But the absolute accuracy of the
list of honorary members is not guaranteed. The Chapter records
are very inaccurate and incomplete, and the Business Manager was
obliged to obtain the greater part of this information by personal
work. He earnestly requests that every member of the Fraternity
who knows wherein this list is in error will inform him of the true
facts at once, so that the corrections may be made in the Directory
which is to follow.

CORNELL CHAPTER.

Honorary M«inibers.

Prof. Ernest W. Huffcut, Dean Cornell Law School Ithaca, N. Y.

Prof. J. Newton Fiero, Dean Albany Law School, 100 State St., Albany, N.Y

Prof. William A. Finch Ithaca, N. Y.

Prof. Frederick Diamond Colson Cambridge, Mass.

Prof. Duncan Campbell Lee Ithaca, N. Y.

5f DELTA CHI QUARTERLY.

Hon. Walter Lloyd Smith Albany, N. Y.

Prof. Edward DuBois Shurter ....Austin, Texas.

Hon. John N. Carlisle Watertown, N. Y.

Hon. Daniel H. Chamberlain , Massachusetts.

Owen Lincoln Porter 338 Washington Ave., Albany, N. Y.

Prof. Charles Ransom Pratt Elmira, N. Y.

Hon. John Francis Tucker 71 Wall St., New York City. N. Y.

Active Members.

James T. Driscoll Buffalo, N. Y.

Charles Earl Kellcy Dayton, O.

Andrew Rutledge, Jr Rcckford, 111.

William S. Peace Philadellphia, Pi.

Louis R. Gulick .Lockport, N. Y.

Harold J. Richardson Lowville, N. Y.

Earl H. Kelsey Tonawanda, N. Y.

William Duke, Jr Wellsville, N. Y.

Ralph H. Hoskot Dayton, O.

Hugh P. Henry '..Eau Cliair, Wis.

Rufus J. Richardson Batavia, N. Y.

Elias H. Kelley Dayton* O.

George Nelbach .^Utica, N. Y.

A. Raymond Cornwall Alexandria Bay, N. Y.

Charles W. Cunningham ..Green, N. Y.

Arthur Weber Buffalo, N. Y.

Lee A. Weter Buffalo, N. Y.

Charles Rose Friendship, N. Y.

Stanley D. Smith Springville, N. Y.

NEW YORK UNIVERSITY CHAPTER.

Honorary Members.

Commodore David Banks 21 Murray St., New York City.

Hon. Henry W. Bookstaver. 256 Broadway, New York City.

Clarence D. Ashley, LL. D., Washington Sq., East Ave., N. Y. U.

Law School New York City.

♦Hon. Chauncey B. Ripley.. ..New York City, N. Y.

Prof. Frank Henry Sommers 801 Prudential Building, Newark, N. J.

Hon. James Hillhouse 170 W. 78th St., New York City, N. Y.

Afctive Members.

George J. Corf)ett 74 West 8sth St., New York City.

Harry L. Gassin 3 East 33rd St., New York City.

Wilson R. Yard 63 Wall St., New York City.

♦Deceased.

DELTA CHI QUARTERLY SS

Elmer D. Coulter 301 West 4Sth St., New York City.

Robert S. Patterson 2261 Bathgate Ave., New York City.

Joseph J. Hartigan 353 West 46th St., New York City.

Lester S. Abberley 891 Putnam Ave., Brooklyn, N. Y.

Harry S. Austin 254 W. 52(1 St., New York City.

John M. Boland, Hotel Winthrop, 7th Ave and i2Stli St., New York City.

Charles R. Bradbury 64 West 77th St., New York City.

Henry M. V. Connelly 57 West 75th St., New York City.

Andrew J. Cormick 112 West 73rd St., New York City.

George C. Felter Haverstraw, N. Y.

Charles W. Gerstenberg 637 Bedford Ave., Brooklyn, N. Y.

Arthur B. Graham 210 West 4th St., New York City.

James A. Hamilton 357 West 29th St., New York City

Orrin R. Judrf 79 Keap St., Brooklyn, N. Y.

Arthur D. V. Lyons 259 Bowery, New York City

Chester H. Lane 64 West loth St., New York City.

George J. Puckhafer 320 Robbins Ave., New York City.

Henry F. Inackenbos, M. D 159 West 88th St., New York City.

John J. Sullivan 60 Hoyt Ave., Long Island City, N. Y.

MINNESOTA CHAPTER.

Honorary Members.

Hon. Frank F. Davis, Attorney , New York City.

Hon. Charles B. Elliott, Judge Dist. Court Minneapolis, Minti.

Hon. Edwin A. Jaggard, Judge Dist. Court St. Paul, Minn.

Hon. John L. McDonald, Attorney Kansas City, Mo.

Hon. Trafford N. Jayne, Attorney, Globe Bldg Minneapolis, Minn.

Hon. Robert G. Morrison, Attorney. .•. .Phoenix Bldg., Minneapolis, Minn.

Hon. Carman N. Smith, Attorney Bay City, Mich.

Hon. Thomas Wilson, Atty. Gen. Council, C. St. P. M. & O., St. Paul, Minn.
Henry J. Fletcher, Attorney, Lumber Exchange, Minneapolis, Minn.

♦Hon. Cushman K. Davis, Attorney, U. S. Senator St. Paul, Minn.

♦Hon. Robert G. Evans, Attorney Minneapolis, Minn.

♦Hon. Frederick N. Hooker, Judge District Court ... Minneapolis, Minn.
♦Hon. Jodui F. Rca, Attorney Minneapolis, Mirni.

Active Members.

Don C. Anderson 3826 Thomas Ave. So., Minneapolis, Minn.

Charles T. Beagle 115 Summit Ave., St. Paul, Minn.

Elias B. Curtis 420 Lumber Exchange, Minneapolis, Minn.

Clio G. Landon 519 13th Ave. S. E., Minneapolis, Minn.

James Arthur Thompson 97 Spruce Place, Minneapolis, Minn.

Harry C. Barney 1107 4th St. S. E., Minneapolis, Minn.

♦Deceased.

54 DELTA CHI QUARTERLY.

Henry C. Flannery 2416 Blaisdell Ave., Minneapol

Kdvrin A. Rundell 420 Lumber Exchange, Minneapol

Harry Hugh Thomas 619 13th Ave. S. E., Minneapol

George O. Wyatt 1308 7th St. S. E., Minneapol

Otto N. Da vies 200 Harvard St. S. E., Minneapol

Wm. R. Morris 1516 Portland Ave., Minneapol

Norman C. Hannay 1308 7th St. S. E., Minneapol

Josiah H. Chase 1427 University Ave. S. E., Minneapol

Oliver S. Anderson 1018 University Ave. S. E., Minneapol

Denny P. Lemen 1817 4th St. S. E., Minneapol

s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn,
s, Minn.

MICHIGAN CHAPTER.

Honorary Members.

Elias Finlay Johnson, B. S., LL. M., Instructor of Law Manila, P. L

♦Hon. Benjamin Harrison San Jose, Cal.

♦Hon. James L. High

Wm. G. Ewing, Chancellor Superior Court.. 3743 Ellis Ave., Chicago, 111.

J. P. Doliver, A. B., U. S. Senator firom Iowa Washington, D. C.

Jno. B. Clayberg, LL. D., Montana Supreme Court. .Helena, Montana.

Herman V. Ames, Ph. D., Instructor of Law Ohio Slate Uni-
versity Columbus, Ohio.

Roger B. Mills, U. S. Senator from Texas Corsicana, Tex.

Marshall Davis Ewell, LL. D., Dean Kent Law School, 59 Clark

St Chicago, 111.

Victor A. Elliot, Judge Supreme Court of Colorado Denver, Colo.

♦Hon. Benjamin Butterworth Cincinnati, Ohio.

Judge Samuel Maxwell, Judge Supreme Court Fremont, Neb.

Hon. Robert Lincoln 60 Lake Shore Drive, Chicago, 111.

Chas. W. Fairbanks, U. S. Senator from Ind Indianapolis, Ind.

Active Memlbers.

Chas. M. Harlan Chicago, III.

Hugh R. Fullerton Havana, III.

Marcus R. Hart Elgin, 111.

Charles A. Reynolds Alpena, Mich.

E. Huggins Smith Glasgow, Kan.

Frank Irwin Holmes Alpena, Mich.

Harry M. Wier 'Cambridge, III.

Wm. R. Weeks Allegan, Mich.

Paul Jones 605 Bryson St., Youngstown, O.

♦Deceased.

DELTA CHI QUARTERLY 55

Howard B. Salot 711 Clay St., Dubuque, la.

Thos R. Waters New Madrid, Mo.

Max Brown 210 E. Brigham St., Salt Lake City, Utah.

Orville D. Hokn Troy, Ohio.

Richard B. Blake 2615 Maxwell Ave., Spokane, Wash.

George W. Gregory Redding, Cal. or Seattle, Wash.

Jas. A. Rawlins .223 First St., Salt Lake City, Utah.

Joseph F. Maguire 569 Bennington St., East Boston, Mass.

Geo. W. Lindsay Orient, Ohio.

R. O. Kaufman 922 E. Sinto Ave., Spokane, Wash.

Norman H. Smith Babylon, L. L, N. Y.

Alex R. Thomas ..105 "B" St., Salt Lake City, Utah.

A. T. Holcomb 30 E. Ninth St., Portsmouth, O.

Richard A. Mea-d 1745 Hinman Ave., Evanston, III.

Hilgard B. Young 41 Roslyn Point, Chicago, III.

Greer E. Tress ..350 S. Highland Ave., Pittsburg, Pa.

Frederick Leckie .......Port Huron, Mich, or Ann Arbor, Mich.

Ambrose A. Featherslone Asheville, N. C.

C. J. Maher Fort Dodge, la.

DICKINSON CHAPTER.

Honorary Memibers.

Hon. William B. Hornblower 24 Broad Street, New York City.

Hon. E. W. Biddle Carlisle, Pa.

Hon. J. M. Weakley Carlisle, Pa.

♦Hon. H. Silas Stewart Carlisle, Pa.

Hon. John W. Wetzel Carlisfle, Pa.

Maj. James E. Pilcher Carlisle, Pa.

A. J. W. Hutton Carlisle, Pa.

Hon. F. W. Flietz.. Scranton, Pa.

♦Hon. Daniel H. Hastings Belief onte. Pa.

A. V. Divcly Altoona, Pa.

Hon. Lewis J. Baxter Address unknown.

Hon. Oscar Clark. . , Denton, Md.

Hon. William Henry Deweese Denton, Md.

Hon. Jacob Banks Kurtz 6 Schenk Block, Altoona, Pa.

Hon. Andrew J. Lynch. 217 West Market St., Georgetown, Del.

Hon. Joseph Stewart Shapley 31 West High St., Carlisle, Pa.

Active M«m(bers.

Joseph E. FHetz .Wellsboro, Pla.

Frank P. Benjamin Scranton, Pa.

Chas. A. Spencer .Scranton, Pa.

^Deceased.

Sb DELTA CHI QUARTERLY.

Harry A. Hillycr Easton, Pa.

Joseph E. Oyer Easton, Pa*

Herbert F. Laub Nazareth, Pa.

Addison M. Bowman Camp Hill, Pa.

Paul A. Willis Carlisle, Pa.

Victor Braddock Carlisle, Pa.

Floyd B. McAlec Easton, Pa.

Howard Prickitt Cam<l«n, N. j,

L. W. Houck Berwick, Pa.

E. Foster Heller Hazleton, Pa.

Leo Schwartzkopf Pittstoti, Pa.

NORTHWESTERN UNIVERSITY CHAPTER

Active MtTobtTS,

POSTGRADUATE

Hayes McKinney lOO Washington, St., Chicago, III.

SENIORS

Clayton J. Barber 398 E. Superior St, Chicago, 111.

Thomas B. Brown 5 Langley Place, Chicago, 111.

Walter L. Gillom 833 S. Millard Ave., Chicago, 111.

Alton F. Johnson 437 Belden Ave., Chicago, 111.

Joseph I. Lange Woodstock, III.

Charles H. Spencer 718 Clark St., Evanston, III.

Russel Wiles 740 Monadnock Bldg., Chicagro, 111.

JUNIORS

Hal L. Brink 71 17 Yale Av€., Chicago, III.

Fred L. McKinney 633 Ohurch St., Evanston, 111.

Max Murdock 1940 Orrington Ave., Evanaton, 111.

Frank H. Scheiner 3200 N. 40th Ave., Chicago, 111.

Henry W. Stiness 1512 Chicago, Ave., Evanston, 111.

FRESHMEN

Chauncey C. Colton 1940 Orrington Ave., Evanston, 111.

Morton H. Eddy 3836 Ellis Ave., Chicago, 111.

John B. Romans 1940 Orrington Ave., Evanston, III.

Herbert E. Webber 475 Congress St., Chicago, 111.

George R. Wilson. .Hotel Vendome, 62d and Madison Sts., Chicago, III.

CHICAGO-KENT CHAPTER.

Honorary Members.
Hon. Elmer E. Barrett.. ■ Chicago. 111.

DELTA CHI QUARTERLY. 57

Hon. Henry M. Shepard Chicago, III.

Hon. Simeon P. Shope Chicago, 111.

Acrivc Memibcrs.

Hanry L. Bird 23 City Hall, Chicago, 111.

Frank L. Delay Park Row Station, I. C. R. R. Co., Chicago, III.

A. R. Eppstein 6116 Monroe Ave., Chicago, 111.

Rollaiid J. Hamilton 463 The Rookery, Chicago, 111.

Charles V. McErlean 205 LaSalle St., Chicago, 111.

Benjamin Panmalee Waukegan, III.

Charles F. Rathbun 1S4 LaSalle St., Chicago, 111.

Walter S. Rogers ..Portland Block, iChicago, III.

George T. Rogers 591 W. Monroe St., Chicago, III.

Orville B. Drown 4S01 Madison Ave., Chicago, 111.

UNIVERSITY OF BUFFALO CHAPTER.

Honorary Mem.1>ers.

Hon. Albert Haight, Judge Court of Appeals Albany, N. Y.

Hon. Edward W. Hatch, Justice of Supreme Court. .. .Brooklyn, N. Y.

Hon. Daniel J. Kenefick, Justice of Supreme Court Buffalo, N. Y.

Hon. Frederick Kruse, Justice of Supreme Court Buffalo, N. Y,

Hon. John Cunneen, Attorney General 1. .Albany, N. Y.

Aldebert Moot, Esq., Deasi Uniiversity of Buffalo Law School
and Lecturer on. Evidence, Erie County Savings Bank Build-
ing Buffalo, N. Y.

James L. Quackenbush, Lecturer in University of Buffalo Law

School on Torts 464 Ellicott Square, Buffalo, N. Y.

E. Coming Townsend, Lecturer, Buffalo Law School on Domes-
tic Relations White Building, Buffalo, N. Y.

Tracy C. Becker, Esq., Author of Medical Jurisprudence, Mooney

Brisbane Building Buffalo, N. Y.

♦Irvin-g Brown ■ Buffalo, N. Y.

Edward E. Coatsworth, District Attorney. .438 Main St., Buffalo, N. Y.

♦Allen D. Scott Buffalo, N. Y.

Active Members.

Fred. H. Selaver 801 W. Ferry St., Buffalo^ N. Y.

Charles C. Fenno Greneseo, N. Y.

Frederick House iiS7 Main St., Buffalo, N. Y.

Francis E. Bagot 1287 West Ave., Buffalo, N. Y.

Edwin M. Robbins 17 Berkley Place, Buffalo, N. Y.

E. Lothard McClure 485 Connecticut St., Buffalo, N. Y.

♦Deceased.

58 DELTA CHI QUARTERLY.

Irwin S. Wood 204 Whitney Place, BuflEaks N. Y.

Robert W. Farrington 1377 Michigan St., Buffalo, N. Y

Charles Knappenberg 112 Triangle St., Buffalo, N. Y.

Wm. A. Lindcr 541 Tonawanda St., Buffalo, N. Y.

Lewis C. Westwood 145 Prospect Ave., Buffalo, N. Y.

OSaOODE HALL CHAPTER.

Honorary Members.

E. Douglas Armour. ...... Toronto, Ont., Can.

A. H. Marsh .25 Toronto St., Toronto, Ont., Can.

Hon. John Alexander Mcintosh, McKinnon Building, Toronto, Ont. Can.
Hon. Neil McCrimmon McKinnon Building, Toronto, Ont., Can.

Active Memibers.

J. C. Moore Toronto, Canada.

M. G. Hunt Toronto, Canada.

W. G. Mabaffy Toronto, Canada.

J. P. Haverson Toronto, Canada.

Jno. A. McEvoy Toronto, Canada.

Wm. W. Livingstone Toronto, Canada.

Arthur H. Britton Toronto, Canada.

D. A. McDonald Toronto, Canada.

J. J. Harpell • Toronto, Canada.

SYRACUSE CHAPTER.

Active Members.

Chester T. Backus Morris, N. Y.

Harold Hill Bemiss Canastota, N. Y.

Frederick Thomas Burns Akron, N. Y.

Orla Edison Black Humphrey, N. Y.

Charles Loren Crane Addison, N. Y.

Albert Edwin Campbell Canastota, N. Y.

Alexander Spurgeon Carlson Jamestown, N. Y.

Harry Al^bert Curtis Newburyport, Mass.

John Joseph Harty Utica, N. Y.

James Walter Hefferman Housatonic, Mass.

Clark Raitt Jackson Deposit, N. Y.

Seth Law Larabee Clayton, N. Y.

Justin Sebastean McCarthy , Syracuse, N. Y.

James Francis O'Neill Manlius, N. Y.

Frank Henry O'Neill Syracuse, N. Y.

Harry Barnes Orchard Sackett's Harbor, N. Y.

Seneca Alton Ralph .Corinth, N. Y.

■V

DELTA CHI QUARTERLY 5^

George Felshaw Park Syracuse, N. Y.

Austin Grant Rutherford Marcellus, N. Y

Charles Sumner Sleeth Cicero, N. Y.

Jesse Morse Seymour Salamanca, N. Y

John Lambert Train Batavia, N. Y

Roy Hine Williamson Batavia, N. Y.

Albert Lewis Wilbur Greenland, N. H.

UNION COLLEGE CHAPTER.

Honorary Members.

Hon. John H. Dugan Albany, N. Y.

Hon. Albert C. Tennant Albany, N. Y.

Hon. Emory A. Chase, Justice Appellate Division Catskill, N. Y.

Hon. Martin D. Conway Albany, N. Y.

Hon. Eugene Bryan Troy, N. Y.

Aictive Metnfcers.

David C. Salyerds Scottsville, N. Y.

John P. Badger Malone, N. Y

Herbert B. Thomas Rochester, N. Y

Marsh N. Taylor Rochester, N. Y

William B. Zimmer Rochester, N. Y.

Benjamin Terk Glens Falls, N. Y.

Henry Toohy Schuylerville, N. Y.

Joseph H. Vanderlyn New Paltz, N. Y.

Fred Van Buren Kingston, N. Y

John Collopy Troy, N. Y

Charles W. Marshall Troy, N. V

Edward C. Jameson Hopedale, Mass

UNIVERSITY OF WEST VIRGINIA CHAPTER.

Honorary Members.

Dr. St. George Rrooke, Dean W. Va. Law School, Morgantown, W. Va.

Prof. W. P. Willey Morgantown, W. Va.

Dr. Edwin Maxey Morgrantown, W. Va.

Hon. W. P. Hubbard Wheeling, W. Va.

Hon. John W. Davis Clarksburg, W. Va.

Hon. Charles F. Teter Phillippi, W. Va.

Hon. Stuart W. Walker Martinsburg, W. Va.

Judge Reese Blizzard Parkersburg, W. Va.

6o DELTA CHI QUARTERLY.

Hon. John D. Alderson Summersville, W. Va.

Hon. George C. Sturgus Morganstown, W. Va.

Active Meinbers.

F. N. Alderson, '06 Summcrvillc, W. Va.

Clyde Alexander, '04 Morgantown, W. Va.

L. R. Burton, '04 # New Haven, Conn.

A. J. Collet, *05 Morgantown, W. Va.

D. J. Gronniger, '04 'Charlestown, W. Va.

G. R. Heffley, '04 Somerset, Pa.

B. D. Koontz, '04 Fayetteville, W. Va.

John Miarshall, '04 New vCumberland, W. Va.

Dana P. Miller, '06. Fairmont, W. Va.

M. E. Morgan, '05 Fairmont, W. Va.

J. G. Prichard, '06 Fairmont, W. Va.

E. B. F. Stout, '06 Parkersburg, W. Va.

H. G. Scherr, '05 Charlestown, W. Va.

Floyd Simmons, '06 WhceKng, W. Va.

Henry Sinuns, '05 iHuntington, W. Va.

N. W. Washington, '04 Charlestown, W. Va.

F. R. Yoke, '04 Morgantown, W. Va.

H. W. Dent, '05 Grafton, W. Va.

OHIO STATE CHAPTER.

Honorary Mcfmbers.
Hon. Fred Haywood Outlook Bldg., Columbus, Ohio.

Active Members.

Ralph Day 6385^^ N. High St., Columbus, Ohio.

F. T. Eagleson Cambridge, Ohio.

Ralph A. Foster 300 W. 6th Ave., Columbus, Ohio.

Gilbert L. Fuller Portsmouth, Ohio.

J. E. D. Hartinger Middlcport, Ohio.

Harry M. Rankin Washington Court House, Ohio.

A. E. Ward Marietta, Ohio.

Joe Kewley 1013 Ontario St., Toledo, Ohio.

W. G. McKitterick Jackson, Ohio.

Thos. Montgomery 825 Dennison Ave., Columbus, Ohio.

Horace Small Portsmouth, Ohio.

Frank Ruth 529 City Park Ave., Columbus, Ohio

R. C. Taylor Washington Court House, Ohio.

O. C. Wagner Kingston, Ohio.

Frank S. Carpenter Carpenter, Ohio.

W. C. Rowe ; .518-522 The Nasby Bldg., Toledo, Ohio.

DELTA CHI QUARTERLY 6i

C. B. F. Wander S^SSH American Trust BWg., ClcvelatKl, Ohio.

Fred Swan Marietta, Ohio.

NEW YORK LAW SCHOOL CHAPTER.

Honorary Members.
Hon. Samuel Seabury 410 W. 14th St., New York City

Active Memlbcrs.

Class of 1904.

Newton Adams 63 Wall St., N. Y. City.

William Bailey Somers, N. Y.

Alfred M. Bailey Lems Parkway, Yonksers, N. Y.

Edward Dale Freeman 943 St. Nicholas Ave., N. Y. City.

Robert Scabury Conger Banchee PL, New Rochellc, N. Y.

Edward H. Lockwood 30 S. Portland Ave., Brooklyn, N. Y.

Jonathan Holmes 32 Nassau St., N. Y. City.

William P. Howe Roselle. N. J.

Herbert G. Williamson 25 Third PI., Brooklyn.

Fred C. Russell 50 Howe St., New Haven, Conn.

Charles R. Haviland .66 Clinton Ave., Jamaica, N. Y.

Geo. W. Harper 1401 Dean St., Brooklyn, N. Y.

Spauldang Frazer 1028 Broad St., Newark, N. J.

Class of 1905.

Louis E. Johnson no Grland Ave., Asbury Park, N. J.

Henry Hartzin 65 W. 38th St., N. Y. City.

Robert M. Davis 319 W. 103d St., N. Y. City.

Otto A. Hack Care of H. B. Stevens, Greenwich, Conn.

Glen C. Wharton 320 N. 20th St., Om-aha, Neb.

Albridge C. Smith, Jr 203 Lincoln Ave., Orange, N. J.

Howard W. Ameli 1422 Pacific St., Brooklyn, N. Y.

Walter F. Sellers 166 Lexington Ave., N. Y. City.

Aguste Roche E. Park St., E. Orange, N. J.

William G. Barr 70 Berkeley Ave., Orange, N. J.

Geo. E. Leonard 425 West End Ave., N. Y. City.

Reginald Brixey "The Maryland," 49th St., N. Y. Qty.

Jaccto Jordan 67 W. 130th St., N. Y. City.

Walter B. Walker 5 W. 82d St., N. Y. City

UNIVERSITY OP CHICAGO CHAPTER

Active Mennbers.

Joseph W. Bingham... 6109 Greenwood Ave., Chicago, 111.

John R. Cochran DeKalt), 111.

62 DELTA CHI QUARTERLY

Sidney J. Dillon..) ..., .....3344 Dearborn St., •OhScago, IIL

Fredierick Dicldnson. 1062 Millard Ave., Chicago, 111,

Frederick A. Fischel. 3232 State St., Chicago, III.

J. VantHom Hart s Knoxville, IIL

David) J. Hudbumt Hartsgrove, OWo.

Joseph W. Johnson .Hartsgrove, Qhia

Ola Petty lightfoot Grand View, Texas.

Samuel C. Ross Mineral Point, Wisconsin.

Henry Ellis iSbm^son . . . ., Audubor, Iowa.

Maurice Walbrum. ., 4952 Vincennes Ave., Chicago, 111.

GEORGETOWN CHAPTER

Honorary Members.

Hon. William Jenni<n>gs Bryan .: "Fairview," Lincoln, Neb.

Stuart McNamara ,. .406 Fifth St. N. W., Washington, D. C.

Hon. Harry M. Clabaugh, Chief Justice Sup. Ct. D. C, Washington, D. C.

Prof. J. Nota McGill .McGiW Btfilding, Washington, D. C.

Prof. Daniel W. Baker .410 Fi-fth St. N. W. Washington, D. C.

Prof. R. Ross Perry, Jr ..Fendall Building, Washington, D. C

Active Members.

Alfred Allmuth.., 2462 Wisconsin Ave. N. W., Washington, D. C.

Chas, W. Arth N. W. Cor. 12 and G. Sts. N. W., Washington, D. C.

Cheevers M. Barry Georgetown College, Washington, D. C.

Albert E. Berry 1 3058 U Street, N. W., Washington, D. C.

James B. Bocock , 1715 Q St. N. W., Washin^^ton, D, C.

Thomas W. Brahaney United States Senate, Washington, D. C.

William W. Bride ,. 129-131 B. St. S. E., Wasliington, D. C.

Joseph T. Dyer, Jr 1735 Willard St., Washington, D. C.

Charles H. English, Delta Chi House, 1629 Q St. N. W., Washington, D. C.
Edwin H. Flueck, Delta Chi House, 1629 Q St. N. W., Washington, D. C.

George Grace, 1716 U St. N. W., Washington, D. C.

Asa C. Gracie 3323 O St. N. W., Washington, D. C.

Norman J. Kopmeicr The Westminster, Washington, D. C.

Robert J. Kennedy 521 6th Street N. W., Washington, D. C.

Fairfax S. McCandlish, Delta Chi House, 1629 Q St., N. W.,

Washington, D. C.

William R. Proctor Malony 804 N. C. Ave. S. E., Washington, D. C.

John F. Murphy The Westminster, Washington, D. C.

Antonio M. Opisso. .... .Georgetown College, D. C, Washington, D. C.

Harry F. Pierce 819 N. C. Ave. S. E., Washington, D. C.

Carl B. Rix Delta Chi House, 1629 Q St. N. W., Washington, D. C.

Richard P. Whiteley.. Georgetown College, D. C, Washington, D. C.

Francis E. Williamson 406 Fifth St. N. W., Washington, D. C.

John H. Walther The Dewey, Washington, D. C.

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY

When necessary to en^loy counsel in anodier city, why not correspond

with a member of Delta Chi.

ARKANSAS

CALIFORNIA

Van Buren, Ark.

HENRY L. FITZHUGH

Los Angeles, Cat.
GEORGE L. KEEPER

412 Currier Budldinigr

CANADA

Toronto

McMURRICK, HODGINS & McMURRICK

Barristers, Solicitors, Notaries, Etc.

103 Bay St., Toronto, Canada

W. B. M MURRICK, K. C. F. F. HODGINS, K. C.

J. D. m'mURRICK

All business forwarded to the firm will have

careful attention.

CANADA

COLORADO

OakvUle, Ontario

W. ALEC CHISHOLM
Cia^borne Street

Trinidad, Col.

EARL COOLEY
723 Pin« St

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Contiiiiwd.

Colorado Springs, Col.

R. H. WIDDECOMBE

ILLINOIS

Chicago, III.

JOHN E. AMOS, Jr.

901 Journal Building
Long Distance Tel. Main 4401

Chicago, III.

HARRY H. BARNUM

1139 First National Bank Building

Attorney at Law

Long Distance Tel., Main 343B

Chicago, III,

EDWARD H. BARRON

132 Michigan Avenue

Telephone Central 2425

Chicago, III

H. BITNER

740 Monadnock Block

Russell Wiles Chas. O. Srxtvbt

Telephone Harrison 1394

Chicago, III,
ROBERT CATHERWOOp

Patent, Trade Mark, Copyright Law
1543 Monadnock Block

Telephone Harrison 1281

Chicago, III

MARSHALL D. EWELL, M.D.

Suite 618-619, 59 Clarke St.
Examiner of

Disputed Hand-writing, Ink, etc.

Chicago, III.
DANIEL W. FISHELL
1019 Ashland Block

Telephone Central 1547

Chicago, III.
GEORGE L HAIGHT

134 Clark Street

Chicago, III.

WALTER S. JOHNSON
Room 44, 92 LaSalle Street

Telephone 919 Main

Chicago, III.
WILLIAM J. KIRK

13 Eldridge Court

Telephone Harrison 654

Chicago, III.
A. A. McKINLEY
79 Dearborn Street

(0*BlIBN ft MCKXNLBT)

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Continued

Chicago, III.

HAYES McKINNEY
1610 Title and Trust Building

100 Washington Street

Ectst St. Louis, III.
FLANNIGAN & SEITER

R. H. Flannigan 0. R. Suns

Jackiesch Building
Phone. Bell East 345 M.

Chicago, III.

THEO. C. ROBINSON

Attorney-at-Law
822 New York LMe Bldg.
Telephones— Ceffbral 938

Automatic 205^

Freeport, III.
DOUGLASS PATTISON

INDIANA

Chicago, III.
MALCOLM B. STERRKTT

National Life Building
Telephone Central 5003

Goshen, Ind.
S. E. HUBBELL

Chicago, III.

EMIL C. WETTEN

INDIAN TERRITORY

184 LaSalle Street

Tiisla, L T.

Chicago, III.

HAROLD F. WHITE

904-10 The Temple, 184 La Salle St.
Long Distance Telephone

JOHN A. HAVER

Care of Randolph & Haver
H. W. Randolph John A. Havkr

Main 3815

KANSAS

Chicago, III.

EDWARD B. WITWER

Room 407, 153 LaSalle Street
Telephone Central 3396

Pittsburg, Kan.
JOSEPH LUTHER TAYLOR

Attorney at Law

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Continaed

MASSACHUSETTS

Minneapolis, Minn.

Boston, Mass.

JAMES P. MAGENIS

Rooms 62 and 65, 5 Tremont Street
T€?ephon« Haytnarket 868

W. R. BROWN

510 New York Life

Minneapolis, Minn.

MEXICO

GEO. W. BUFFINGTON

Durango, Mexico
Estato de Durango

320 Temple Court

MANLY D. DAVIS
Apartado 79

Consult me with regard to Mining
Concessions

Minneapolis, Minn.
F. E. COVELL

MICHIGAN

840 Lumber Exchange

Detroit, Mich.

CARLETON G. FERRIS

406 Hamtnond Building

Telephone 2358
Of Hatch & Fbiiis

Minneapolis, Minn.
H. E. FRYBERGER

904 New York Life

Grand Rapids, Mich.
HOWARD A. THORNTON

Mich. Tru'St Building

Minneapolis, Minn.

GEORGE R. SMITH
610 Boston Block

MINNESOTA

MONTANA

Crookston, Minn.

CHARLES LORING

Opera Block

Butte, Mont.

Firm name — Stkveksok k Loiing
Halvoi Stevenson, M. C. Chaklss Loung

F. W. BACORN

•DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Contimicd.

NEW JERSEY

Auburn, N, Y.

Montclair, N. J.

JOHN A. HIKES

DUDLEY K. WILCOX.
109-110 Metcalf Building

483 Bloomfidd Avenue

Binghamton, N. Y.
ALBERT S. BARNES
33 and 24 McNaimara Building

Newark, N. J.

JOSEPH KAHRS

164 Market Street

NEW YORK

Brooklyn, N. Y.

Albany, N. Y.

DANIEL T. CASEY

1 10 State Strict

JOHN J. KUHN . .
189 Montague Street
(Cornell '98)

Of Casby & QUINN

Buffalo, N. Y.

Albany, N. Y.

JAMES NOLAN
13 N. Pearl St.

CLINTON K. DeGROAT

General Practice
118 Erie County Bank Building

Issue commissions to Clinton K. DeGroat
Notary Public, with Seal

Buffalo, N. Y.

FRANK H. CLEMENT.

45-6 Ellicott Square

Buffalo, N. Y.
CHARLES A. ORR

Buffalo Savings Bank Building

Auburn, N. Y.

LOUIS E. ALLEN
131 Genese>e Street

Buffalo, N. Y.
JAMES O'MALLEY
3 and 4 Erie County Bank Building
Of O'Mallbt, Smith ft O'Mallbt

DELTA CHI QUARTERLY.

ATTORNBYS' DIRECTORY— Continued

Buffalo. N. Y.

New York City
CASE & NEWKIRK

L. Bakton Casb L. Hasbrouck Nbwkxbk

KDWARD M. SHELDON

German-American BMg

Telephone 7965 Cortlandt

614 Mutual Life BuiMing

New York City

J. EDWARD DOWNING

Mercantile Litigation

100 Broadway

Dunkirk, N. Y.

New York City

KILBURN & SIMONS

GOODALE, FILES & REESE

315 Lion Street

L. A. KlLBUIH A. B. SlMOMt

71 Wai: Street

Wiuui C. GooDALS Gborcb W. Files
Richmond J. Rsbsb

Fredonia, N. Y.

New York City
CHAS. H. MOORE

CLINTON 0. TARBOX

•

11-19 Williams Street

Ithaca, N. Y.

New York City

MONROE M. SWEETLAND

CHARLES F. MURPHY

147 East Stat€ St.

220 Broadway

New York City

New Brighton, S. I.

HENRY C. BROOKS

76 William Street, Cor. Liberty St.

LAWRENCE W. WIDDICOMB

Telephone 4178 John

DELTA CHI QUARTERLY.

ATTORNEYS' DIRECTORY— Continued.

New York City

WILFRED N. O'NEIL

No. 115 Broadway
Telephone 4328 Cortlandt

New York City

STERLING ST. JOHN

229 Broadway

New York City

MANTON M. WYVELL

31 Nassau St.

Nyack, N. Y.,
Rockland County
J. ELMER CHRISTIE

Rochester, N, Y.

D. CURTIS GANO

St Johnsville, N. Y.

GEORGE C. BUTLER

Saratoga Springs, N. Y.
M. E. McTYGUE
14 Town Hall

206 Broadway, New York
Stapleton, Staten Island

L. w. widdecomb;

Syracuse, N Y.
THOMAS W. DIXON
714 Onondaga
County Bank Buildinff

Syracuse, N Y,
HARRY H. STONE
402 Kirk Bmlding

Troy, N. Y.
HARRY E. CLINTON

Trumansburg, N. Y,

CLINTON PAGE

74 DELTA CHI QUARTERLY.

CAFE FRANCIS,

No8. 53 and 55 West 35th St.. NEW YORK

Tolophono 2239 38th St.

FRENCH RESTAURANT.

TABLE D'HOTE and A'LA CARTE.

Unexoelled Service and Muelo.

^/^npT/^ Pf SPECIAL arrangements will be made for the entertainment
i^yy ± IKJI^ j^Q^l comfort of members of the Delta Chi Fraternity.

FRANCIS A. SAVOUREUX,

Proprietor.

R. A. HEQQIE & BRO.

MANUFACTURERS OF

Delta Chi Pins and Keys

We Make a Specialty of

DELTA CHI KEYS

Ithaca, N. Y.

DE,LTA CHI FRATERNITY

Invitations, andanwnds Engraving
Cards. •••®*" and Printing

C. E.. BRINKWORTH,

331 Main Street, BUFFALO

DELTA CHI QUARTEROL^Y. 75

KING ^ £IS£,L£,,

Buffalo. N. Y.

Nanufacturers of

Glass Pins, Medals, Etc

Estimates and Designs ^"'"'■"•o XpRHMtton

', , ^,,^

DKLTA CNI.

No Order Too Small.

No Order Too Large.

C. M. BELL PHOTO CO.,

High. Grade Ph.otograph.er

WeL&txingrtoTL, D. C.
SPECIAL RATES TO COLLEGE STUDENTS.

iriD LEGAL CLASSIC SDRIDS

REPRINTS OF THE OLD MASTERS

Gboville BriibD, LiW$ Temres nil Ike IBmr ol Juslices

JM IIS Mod 70a partknlan.

JOHN BYRUE CO., L>w Boofaener» and Publishers,

WAflBXVOTOV, D. 0.

DELTA CHI QUARTERLY.

CHICAGO-KENT COLLEGE OF LAW

CHICAGO COLLEGE OF LAW

(Ornaised 1SS6)

LAW DEPARTMANT LAKE FOREST UNIVERSITY

(1890—1901)

KENT COLLEGE OF LAW

(Ortanlzed 1S92)

ATHENAEUM BUILDING

CHICAGO.

DAY SESSIONS

are held duminc the morning and afternoon hours. The course of instructions is believed
to be as broad and thorough as that of the best law colleges in the country.

EVENING SESSIONS

are held each week-day evening, with ten hours session each week. The course affords
younff men who are enffaffed in law offices and elsewhere during the day. an opportunity to
pursue a regular course of studies under proper instruction.

The Decree of Bachelor of Laws will be conferred upon those who complete the Three
Years Course to the satisfaction of the Faculty. College graduates who have a sufficient
amount of credit in legal studies may be admitted to advanced standing in either course.
Summer course during the month of June and July. For further information address the
Secretary—

ELMER E. BARRETT, LL. B.

1009 Title and Trust Building - - Chicago, Illinois.

The Quarterly Board earnestly requests that mention be made
of The Delta Chi Quarterly in corres-
ponding with Advertisers.

LAW
CASES

BRIEFS

LEGAL
BLANKS

THE

Kirk Printing Co.

71-73 WEST EAGLE 8T.

BUFFALO, N. Y.

-Bell and FnmiUr Phonn • to4S

Stationery

AND

GENERAL
PRINTING

DELTA CHI QUARTERLY. 77

«/^T T'P'Pim" LATE,ST
KyL^L MT MT XLtMJ WATCH FOBS

Genuine Baggage Checked with any name
of School and Class Year, 50c.

6. N. MEYER, tzai Pa. Ave., n w.. WASHINGTON, D. G. ,

LAWYER'S COMMON PLACE AND BBIEF BOOK.

WITH AN ALPHABETICAL INDEX OF NEARLY

OJlB THOUSflJlD TITLES flJlD SUBJECTS.

BY A MEMBER OP THE NRW YORK CITY BAR.

The plan of this work grew out of the author's own wants, and his experience in
using other common-place books. Its practical utility has been tested by his own exper-
ience. The usefulness of some sort of a common-place book is recommended by every
practicing attorney includinp^ Fulbec, Roger North, Lord Hale, Phillips and Locke. Lord
North says, **Conimon-placing it so necessary that without a wonderful, I might say
miraculous fecundity of memory, three parts of reading in four will be utterly lost to one
who useth it not." That distingubhed and accomplished scholar, William Wirt, remarks,
"Old fashioned economists will tell you never to pass an old nail or an old horse-shoe,
or buckle, or even a pin, without taking it up, because although jyou may not want it
now, vou will find use for it sometime or other." This principle is especially true with
regard to legal knowledge. The author, in his legal studr ana practice, has endeavored
to seize upon all that is fairly within hi* reach, and, bv tedlousnessr drudgery, and
wearisomeness (the only way to know law), to place a tuna of valuable legal knowledge
at his ready command. The plan of this work will be found sufficiently ^neral and
svstematic It it best to index according to subjects, selecting that word which conveys
the best idea of the subject or decision. The margin on the left hand of each page is
ruled wide enough to give room for the word or subject.

Printed on fine quality of linen ledger paper. Bound leather back and cor-
ners, marbled paper sides. Size, 8x9, 300 pages, $3.00.

SIZE 8x9, 1000 PAGES, BOUND FULL LEATHER, RUSSIA ENDS AND BANDS, $5.00.

eXPRBSS PAID.

WILLIAMSON LAW BOOK CO.,
Establlshod 1870. ROCHESTER, N. Y.

Send for our Catalogue of Second-hand Law Books

The Quarterly Board earnestly requests that mention be made
of The Delta Chi Quarterly in corres-
ponding with advertisers.

FRATERNITY PINS.

EDMUND Q. HINES, Watches and Diamonds,
921 F Street, N. W. WASHINQTON, D. C.

DELTA CHI QUARTERLY.

New Hotel Kenmore

ALBANY, NEW TORK

Stricdy First Class. Eu-
ropean Plan. Convenient
to Theatres, Public Build-
ings, Etc Prof. Strauss's
Orchestra a feature. Cu-
sine Unsurpassed

Albany Headquarters for
Delta Chi Fraternity

R. P. MURPHY, Proprietor

LAW PRINTING

We make Law Printing our Specialty, and do
not allow catalogue or job work to interfere with the
Efficient and Prompt dispatch of all our Law Work

Law Printing and Quick Print-
ing ar« Synonymous Terms

Abstracts, briefs, trust deeds, records and leases
our Specialty. Business outside of Chicago will
receive prompt attention.

Barnard 6# Miller^ Law Printers

Nos. 44 and 46 LaSalle Street, CHICAGO, ILL.

TELEPHONE MAIN 904; HOUSE 1053 AUSTIN

DELTA CHI QUARTERLY. 79

ConuneDcemeDt Mations and Programs. CoUe^e

Fraternity Note Paper.

We have unexcelled facilities for the proper execution of Calling Cards,

Ceremonial Invitations and Announcements, Heraldic and

Monogram Dies for Correspondence Papers,

Book-plates, etc. We carry the

lednl lines of Cnne's and Hurf s Papers-Also Cheaper IMes

of Papers for Every Day Use
Write for Quotations and Information

THE VHITE-EVANS-PENFOLD CO.,

mm iiii ami. ii piIkt's. buffalo, n. y.

The Quarterly Board earnestly requests that mention be made
of The Delta Chi Quarterly in corres-
ponding with Advertisers.

Delta Chi Fraternity Pins

MADE in excellent man-
ner and in proper size
and shape. Direct from
the manufacturer to wearer at following prices: Solid gold,
plain, |3.00; stones, close set, $5.00, crown set, |10.00. Any stones, except
diamonds are furnished for these prices. We make anything in class, cluD,
society or college pins that are desired. Send for free catalogue showing
hundreds of designs. Special designs will be made from your suggestions
free of charge. BASTIAN BROS., K 21 South Ave., Rochester, N. Y.

DELTA CHI QUARTERLY.

(Judges' apd Counselors' Gowi^s

Gottell & Iieoi7ard

Albang, fi. Y.

CAPS AND GOWNS
Bulletip, San7ple8, Etc. Upon (Request

THE CHAS. H. ELLIOTT CO.

THE LARGEST COLLEGE ENGRAVING HOUSE IN THE WORLD

Works: 17th Strsst and Lshigh Avsnus, PHILADELPHIA, PA.

ComineDceineDt lovibtioDS aod Class Day Pro^ranis

Dance Programs and Invitations, Menus, Class and Fraternity Inserts for An-
nuals, Class Pins and Medals. (Write for Catalogue.)

MAKERS OF SUPERIOR HALF-TONES

ALBERT LAWTENSLAGER

DIAMOND 6CTTCR

NANUPAGTURING JCWEL5R

DELTA GHI fRATCRISITY PIN6

Opposite Kenmore Hotel

(Up Stairs)

No. 71 N. Pearl St., Albany, N. Y.

aaoB

LEVI MOORE
PORTRAITS

15 North Pearl Street, Albany, N. Y.

Photographs, Ivory Minitures, Class
Groups. Special Rates to Students

NEW YORK UNIVERSITY LAW SCHOOL

UNIVERSITY BUILDING WASHINGTON SQUARE
Day Ssssion 3130 to 6 P. M. Evsning Ssssion 8 to 10 P. M.

Grants Dsgrss L.L. B., L. L. M. and J. D.

Candidates for the deirree of Bachelor of Laws are required to pursue courses which amount
to twenty-five (25) hours of lectures weekly. These may be completed in two srears with
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DELTA CHI QUARTERLY.

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CONTENTS

PAGE

Delta Chi Chapter Roll 2

Fraternity Officers 3

Chapter Officers 4

The Northern Securities Case 5

Federal Control of Insurance 13

University of Pennsylvania Installation 17

New York Alumni Chapter 20

Editorials 23

Among the Greeks 27

Chapter Correspondence 30

News of the Alumni 37

Irrelevant and Immaterial 44

#
The . . .

•p HE Delta Chi Quarterly is
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DELTA CHI CHAPTER ROLL

ACTIVE CHAPTERS

Established.

Cornell University 1890

New York University 1891

Albany Law School (Withdrawn 1893) 1892

University of Minnesota 1892

De Pauw University (Withdrawn 1896) 1892

University of Michigan 1892

Dickinson University 1893

Northwestern University 1893

Chicago-Kent Law School 1894

University of Buffalo 1897

Osgoode Hall of Toronto 1897

Syracuse University 1899

Union College 1901

University of West Virginia 1902

Ohio State University 1902

New York Law School 1902

University of Chicago 1903

Georgetown University 1903

University of Pennsylvania 1904

ALUKINI CHAPTERS
Chicago Chapter 1902

New York City Chapter 1903

FRATERNITY

HONORARY

President
Hon. Wm. Hornblower, of New York City.

Vice President.
Professor Ernest W. Huffcut, of Ithaca.

Second Vice-President.
Hon. Marshall D. Ewell, of Chicago.

Orator.
Hon. Daniel W. Baker, of Washington, D. C.

Poet.
Fred'k. C. Woodward, of Chicago.

ACTIVE

President: Edward C. Nettels: Des Moines, Iowa.

Secretary : Floyd L. Carlisle, Watertown, N. Y.

Treasurer: Rufus G. Shirley, 1133 Broadway, New York City.

BOARD OF MANAGERS

Harry H. Barnum, 1139 First National Bank Bldg., Chicas^o. 111.
William W. Bride, 129- 131 B. St., S. E., Washington, D. C.
Floyd L. Carlisle, 8 Stone St., Watertown, N. Y.
Otis S. Carroll, 54 Wall St., New York City.

Frederick Dickinson, 12 Snell Hall, University of Chicas^o.

Edward K. Freeman, 5 Nassau St., New York City.

Hugh R. Fullerton, Havana, III.

LeRoy T. Harkness, 26 Liberty St., New York Qty.

A. Frank John, Mt. Carmd, Pa.

John J. Kuhn, 189 Montague St., Brooklyn, N. Y.

James O'Malley, Erie County Savings Bank, Buffak), N. Y.

H. Norman Smith, Ddta Chi House, Ann Arbor, Mich.

Russell Wiles, 740 Monadnock BMg., Chicago, 111.

CHAPTER ^^&^

CORNELL UNIVERSITY
Earl H. Kelsev North Tonawanda, N. Y.

NEW YORK UNIVERSITY
Chester H. Lane 64 West loth Street, New York City.

UNIVERSITY OF MINNESOTA
Denny P. Lemen 302 Second Street Avenue, Minneapolis, Minn.

UNIVERSITY OF MICHIGAN
Frank I. Holmes Alpena, Mich.

DICKINSON UNIVERSITY
Herbert F. Laub Nazareth, Pa.

NORTHWESTERN UNIVERSITY
Max Murdock 518 Church Street, Evanston, 111.

CHICAGO-KENT SCHOOL OF LAW
Roland J. Hamilton 463 The Rookery, Chicago, 111.

UNIVERSITY OF BUFFALO
Charles W. Knappenberg 112 Triangle Street, Buffalo, N. Y.

•

OSGOODE HALL
M. G. Hunt 17 Grange Avenue, Toronto, Can.

SYRACUSE UNIVERSITY
Harry B. Orchard Sacketts Harbor, N. Y.

UNION COLLEGE

Joseph H. Vanderlyn New Platz, N. Y.

UNIVERSITY OF WEST VIRGINIA
Harry G. Scherr Charleston, West Va.

OHIO STATE UNIVERSITY

Gilbert Fuller Portsmouth, Ohio.

NEW YORK LAW SCHOOL

George E. Leonard 425 West End Avenue, New York City.

UNIVERSITY OF CHICAGO

David Hurlburt Hartsgrove. Ohio.

GEORGETOWN UNIVERSITY LAW SCHOOL

William \V. Bride 131 B. Street, S.E., Washington, D. C.

UNIVERSITY OF PENNSYLVANIA
John M. Hutchinson 800 N. 41st Street, Philadelphia, Pa.

ERNEST W. Hl'FFCrT
of Cornell I'uiversity College of Law

DELTA CHI QUARTERLY

VoL II JULY, 1904 No. 3

THE NORTHERN SECURITffiS CASE

By Ernest W. Huffcut
De*n of Cornell University College of Law.

The O)nstitution of the United States confers upon Congress
the power "to regulate commerce with foreign nations and among
the several States." The judicial construction of this clause begins
in the great case of Gibbons v. Ogden,* decided by the Supreme
Court in an opinion by Chief Justice Marshall in 1824. It held
that an exclusive grant by the State of New York to Robert Fulton
and Robert Livingston to navigate the waters of the State with
boats propelled by steam was invalid as against the laws of the
United States regulating the coasting trade in the interests of free
competition. Exactly eighty years later the Supreme Court is called
upon to decide in the Northern Securities case whether the charter
granted by New Jersey to one of its corporations can stand in the
way of the enforcement of an act of Congress prohibiting com-
binations in restraint of interstate commerce. Between these two
epochal decisions are numerous pronouncements of that court upon
this far-reaching question of the relative powers of the States and
of the United States in matters pertaining to trade and trans-
portation.

Under the clause conferring upon Congress the power to regu-
late interstate commerce that body in 1890 passed the so-called
Sherman Anti-Trust Act of which the chief provisions are these:
( i) "Every contract, combination in the form of tnist or otherwise,
or conspiracy, in restraint of trade or commerce among the several
States or with foreign nations, is hereby dedared to be illegal"
(and a misdemeanor); (2) "Every person who shall monopolize,
or attempt to monopolize, or combine or conspire with any other
person or persons, to monopolize any part of the trade or com-
merce among the several States, or with foreign nations, shall be
deemed guilty of a misdemeanor." This legislation, while making
the prohibited acts criminal and fixing criminal penalties, derives
its chief operative force from the provision investing the United
States Circuit Courts with jurisdicton to enjoin violations of the
statute at the suit of the law officers of the government. It also
g^ves a private action for damages to any person injured by reason
of such combinations.

The Northern Securities case is the eighth case decided by the

* 9 Wheat I.

t .A^ .i4- ,

6 DELTA CHI QUARTERLY

Supreme Court under this act. Of these, seven have been brought
by the g^overnment to enjoin violations of the act, and one was
brought by a private individual for damages. Of the eight, three*
have been dismissed either on the ground that there was no re-
straint of trade involved, or that the trade restrained was not inter-
state commerce, and five have been sustained on the ground that
in each there was a combination in restraint of interstate commerce.
In two* of the five the defendants were combinations of private
dealers and in threet they were combinations of railways.

This is, therefore, the third case of railway combinations held
to be illegal. The widespread importance attached to this decision
is due in part to the magnitude of the financial interests involved,
in part to the magnitude of the public interests involved, but chiefly
to the novelty of the form of combination adopted to evade the
application of prior decisions, and to the bearings of the decision
that this device is also illegal upon the future of corporate com-
binations and the power of Congress to control them. In the last
aspect the case would be equally important if it affected ten miles
of railways connecting two small towns separated by a State line,
instead of upwards of ten thousand nules connecting the Mis-
sissippi and the Great Lakes with the Pacific.

In all these cases heretofore upholding and applying the Act
there has been a combination of several independent corporations
in the form of a joint committee vested with power to make uniform
rules and rates and eliminate competition. In two of these cases
involving private dealers the court was unanimous. In tlie two
involving a combination of railways the court stood five to four and
five to three( one Justice taking no part). The five Justices who
concurred are still upon the bench, but of the dissenting Justices
only Mr. Justice White is still sitting. Three Justices are now
upon the bench who had no part in those decisions.

Had this case been like the prior railway cases there could
had been no reasonable doubt of the result ; but here was no joint
committee for the regulation of traffic rates, nor, indeed, any
agreement whatever concerning rates or the details of management.
A new device was employed to accomplish the same end more
effectually, and, as was no doubt supposed, legally. It was the de-
vice of the merger of stockholders' interests into a common holding
corporation.

The Northern Pacific railway chartered by Wisconsin, and the

* United States v. E. C. Knight Co., 156 U. S. i; Hopkins v. United
States, 171 U. S. 578; Anderson v. United States, 171 U. S 604.

t Addystone Pipe and Steel Co. v. United States, 175 U. S, 211; Mon-
tague V. Lowry, 24 S. C. R. 307.

tt United States v. Trans-Missouri Freight Ass*n., 166 U. S. 290; United
States V. Joint Traffic Ass'n., 171 U. S. 505; Northern Securites Com-
pany V. United States, 24 S. C. R. 436.

DELTA CHI QUARTERLY 7

Great Northern railway, chartered by Minnesota, extend from St.
Paul and Ehiluth to Seattle and Portland. Each has about 4,500
miles of road. Together they obtained joint control of the Chicago,
Burlington and Quincy railway with about 8,000 miles of road,
giving them connection with Chicago, St. Louis, Denver and other
points. The Union Pacific interests demanded to be let into joint
control of the Burlington. Upon a refusal there followed the
famous "raid" in April, 1901, upon the Northern Pacific stock, by
getting control of the majority of which the Union Pacific interests
would secure joint control of the Burlington. The **raid" failed,
but it alarmed the Northern Pacific and the Great Northern inter-
ests, led by Mr. Morgan and Mr. Hill respectively, and the plan
was conceived of making a single corporation the holder of the
majority of the stock in each road, thus securing "permanency of
management."

The Northern Securities Company was chartered by New Jersey
and was organized by Mr. Morgan, Mr. Hill, and other stockholders
in the two railways. It was capitalized at $400,000,000 with $30,000
paid in. It was authorized by its charter to acquire and hold the
stock of other corporations. It did acquire 96 per cent, of the North-
ern Pacific stock and 76 per cent, of the Great Northern stock, and
exchanged its own stock therefor, valuing Northern Pacific at $115
a share and Great Northern at $180 a share. Its $400,000,000 cap-
ital stock would just -equal the $278,000,000 of the two railways at
this rate. It became the majority stockholder in each road, and
could, of course, elect the directors in each and control both. As
it collected dividends from both , there could be little, if any, dif-
ference to it which did the larger business. Competition between
them was eflfectuaWy suppressed.

The government filed a bill to enjoin this merger. The Circuit
Court (four judges concurring) enjoined the Securities Company
from voting the stock and the railways from paying dividends to
the company. The defendants appealed to the Supreme Court,
which affirmed the decree by a vote of five to four.

The problem was whether the facts disclosed a combination in
restraint of interstate commerce within the meaning of the Anti-
Trust Act as construed by prior decisions. Upon this there are
two main points of difference between the majority and the minority.

First, the majority contend that to suppress competition is to
restrain trade ; that in the Anti-Trust Aot Congress has prescribed
the rule of free competition among those engaged in interstate
commerce. The minority contend that this is not the test or rule
by which to determine whether there is a restraint of trade, but
the test is whether any stranger to the contractor's business, or to a
combination, is restrained from competition by the contract or com-
bination.

8 DELTA CHI QUARTERLY

Second, the majority contend that the turning point of this
case is that there was a combination of stockholders in two com-
peting interstate railways to suppress competition through the
agency of a common corporate trustee designated to act for both
companies to that end. The minority contend that the only issue
is whether Congress has power to prohibit a State corporation from
acquiring and owning stock in two competing interstate railways.

A third point of difference embodied in the concurring opinion
of Justice Brewer is whether the Anti-Trust Act prohibits all re-
straints or only unreasonable restraints. But this is not a turning
point in this case because he holds the restraint in question to be
unreasonable.

Mr. Justice Harlan, with whom concur Justices Brown, Mc-
Kenna, Day, and (with one reservation) Brewer, wrote the pre-
vailing opinion. His thesis is: "Congress has power to establish
rules by which interstate and international commerce shall be gov-
erned, and, by the Anti-Trust Act, has prescribed the rule of free
competition among those engaged in such commerce. Every com-
bination or conspiracy which would extinguish competition between
otherwise competing railroads engaged in interstate commerce is
made illegal by the act." He sees in the facts of this case a com-
bination of the stockhodders of the two railways to restrain inter-
state commerce through the agency of a common corporate trustee
designated to act for both in repressing free competition between
them. The acquisition of the stock by the Securities Company is
a mere incident of the transaction. It is no invasion of State rights
to enjoin this State corporation from acquiring stock, or from
exercising the rights of an owner of it. State corporations can no
more violate a valid act of Congress by becoming a party to a
combination to restrain interstate commerce than can an individual,
nor can a State confer upon it any authority to do so. Here is
a combination to destroy free competition between two interstate
carriers ; and to restrain competition is. to restrain commerce. Hence
there is a clear violation of the Anti-Trust Act.

The minority take issue on two points. First, is it necessarily
a restraint of trade to destroy competition ? Second, is the true issue
whether there is a combination of the character described, or is it
whether Congress has power to forbid a State corporation to acquire
and own stock in other State corporations even though the latter are
engaged in interstate commerce.

Mr. Justice Holmes writes upon the first point, and Justices
White, Fuller and Peckham concur with him. His argument is
the most technical of all. It amounts to this. A contract in re-
straint of trade is one in favor of A which restrains a stranger to
A's business. This was the sort of a contract condemned in the
prior railway cases. Railway A restrained railway B in the matter

DELTA CHI QUARTERLY 9

of rates, and B was a stranger to A's business. In like manner B
restrained A, which was a stranger to B's business. A combina-
tion in restraint of trade is one which restrains a stranger to the
combination. (This was perhaps the combination condemned in the
suit by a private person who was injured because the combination
prevented him from carrying on a like business). In this case the
railways by the merger restrained no one else from doing a like
interstate carrying business. Therefore there was no restraint of
trade in this case.

Mr. Justice White (Justice Holmes, FuWer and Peckham con-
curring) writes upon the second point. He contends that the true
issue is whether Congress has power to forbid a State corporation
authorized by its charter to do so from purchasing stock in inter-
state railways also chartered by States. Upon this issue he has no
difficulty in finding for the defendants. The acquisition and owner-
ship of stock is not commerce — much less interstate commerce — and
therefore Congress has no power to control or regulate it. To ex-
ercise such a power would be to invade the rights of the States.

The minority see only the ownership of the stock as the
issue in the case. The majority see the combination of the stock-
holders as the issue and the ownership of the stock as a mere in-
cident in carrying out the purpose of the combination. The min-
ority say a State corporation authorized by its charter to acquire
stock in other corporations may lawfully purchase such stock from
any person authorized to sell it. The majority say the sellers may
not combine to create such a corporation and transfer to it their
stock as a means of restraining interstate commerce.

Upon one point Mr. Justice Brewer made a reservation,
although agreeing with the majority in all matters necessary to this
decision. He holds that not every contract in restraint of inter-
state commerce is prohibited, but only such as are unreasonable.
Such restraints by contract as would be valid at common law may
still be allowed under the Anti-Trust Act. The importance of this
reservation has been much exaggerated by the comments of the
press. He refers only to "minor contract in partial restraint of
trade." One might instance a partnership between individuals, or
a sale by A to B of a business with a covenant that A would not
engage in the same business within a reasonable competitive area.
These have always been held valid at the common law. Even
if held valid under the Anti-Trust Act they would not probably
impair the usefulness of that statute. Mr. Justice Brewer also
states that in his opinion the Anti-Trust Act does not abridge the
freedom of an individual to invest in or own property, and that Mr.
HiM, if already owner of the majority of the stock in the Great
Northern, might also purchase a majority of the stock in the North-
cm Pacific. But '* a corporation, while by fiction of law recog-

10 DELTA CHI QUARTERLY

nized for some purposes as a person, and for purposes of juris-
diction as a citizen, is not endowed with the inalienable rights of a
natural person." Tliis reservation is not likeiy to impair the use-
fulness of the act any more than the other. Indeed, I do not under-
stand that Mr. Justice Harlan combats it. A natural person may
indeed come to be the majority stockholder in two companies, but
he is not likely to remain so. Death at least is certain and this
may scatter his stock into different hands. But a corporation like
the Securities Company with a perpetual charter might become and
remain forever the majority stockholder in competing railways or
other corporate enterprises if there was no power anywhere to pre-
vent it. This distinction betwen the rights of an individual and
the rights of a corporation is vital in considering the power of Con-
gress over interstate commerce. It has as yet received only casual
judicial attention. But if Congress should determine to prescribe
ilie conditions upon which all corporations may engage in inter-
state commerce (as some States now prescribe the conditions upon
which corporations may engage in domestic or in other kinds of
business) the Federal Courts would doubtless be called upon to
consider carefuMy the distinction between the rights of individuals
and tlie rights of corporations. It is believed that in this power to
impose conditions upon corporations engaged in interstate com-
merce, is to be found even a more effective means of control than
that emobdied in the Anti-Trust Act.

The bearings of this important decision upon the future of
corporate consolidation are not altogether certain The trust has
already been proscribed. The holding company is now declared
to be illegal when used as a mere cover for combinations in restraint
of interstate commerce. Two questions, however, naturally arise
in considering the future bearings of the case.

First, suppose the Securities Company had already been in
existence with the power to acquire and hold stock in other cor-
porations. Suppose that without any combination with the stock-
holders of the railways it had purchased the stock of each railway in
the open market until it acquired in each the position of majority
stocholder. It there anything in the Anti-Trust Act to enable the
government to enjoin the holding corporation from exercising the
rights of a stockholder and thus effectually suppressing competition
between the two roads? It is certainly difficult to see in such a
transaction any combination whatever, although one might find in
it an attempt to monopolize under Section 2 of the Act. But this
is far from saying that Congress might not by other and different
legislation reach the evil to interstate commerce that would thus re-
sult. Under its power to regulate interstate commerce Congress
might, without infringing on any of the reserved rights of the
States, legislate so as to prevent two interstate carriers from pass-

DELTA CHI QUARTERLY xi

ing into the control of any single corporation by any device what-
ever.

Second, suppose with the consent of the States that chartered
them two competing interstate carriers should consolidate into one
corporation? Thajt problem was broached in the opinions, but was
of course not decided. This is now probably the largest problem
left still undecided under the power of Congress to regelate inter-
state commerce. But it is almost certain to call for decision, since
consolidation now remains about the only practical device to e'lim-
mate competition. Whether the Anti-Trust Act would reach this
is uncertain. There would be a combination, and it would restrain
interstate commerce, and it is not impossible that the Court might
reach the same conclusion that has been reached in the Securities
Case. If, however, the legislation now in force is not sufficient to
prevent such a consolidation. Congress by other legislation might
constitutionally prevent it.

The Anti-Trust Act has proved a far more powerful obstacle
to combinations in restraint of interstate commerce than any c«ie sup-
posed it would at the time of its enactment or for many years after.
It is, however, only one means to an end. The ablest business
and legal minds of the day have sought to devise a combination
which should escape its provisions, and have failed. Other acts
directed to other forms of restraint may be necessary to supplement
this wholesome statute. But in the end it seems certain that the
national government has ample power to prescribe the rules that
shall govern the trade and commerce among the States and with
foreign nations

The judicial conflict, dating from the time of Marshall, between
that construction of the Constitution which leans toward the assur-
ing of the powers of the national government and that which leans
towards the jealous guarding of the rights and powers of the
States, is reflected in this decision. The conflict seems to be the
inevitable outcome of differences in political philosophy, for a con-
stitutional construction upon this point comes dangerously near to
the line which divides the functions of the judge from those of the
statesman, and is in fact a kind of judicial statesmanship. In such
a situation it is practically impossible for the judge to divorce him-
self from life-long habits of thought upon the very matters pre-
sented for determination. In this case the majority of the Supreme
Court still speak the language of Marshall and stiM give effect to his
doctrine of ample national powers. What he said in concluding his
opinion in the great case of Gibbons v. Ogden might have been
adopted by Mr. Justice Harlan as expressive of the attitude of the
majority in the great case of the Northern Securities Company :

"Powerful and ingenious minds, taking as postulates that the
powers expressly granted to the government of the Union, are to

12 DELTA CHI QUARTERLY

be contracted by construction into the narrowest possible compass,
and that the original powers of the States are retained, if any possi-
ble construction will retain them, may, by a course of well-digested
but refined and metaphysical reasoning, founded on these premises,
explain away the Constitution of our country, and !eave it a magnifi-
cent structure, indeed, to look at, but totally unfit for use. They
may so entangle and perplex the understanding as to obscure prin-
ciples which were before thought quite plain, and induce doubts
where, if the mind were to pursue its own course, none would be
perceived. In such a case it is peculiarly necessary to recur to safe
and fundamental principles, to sustain those principles, and, when
sustained, to make them the tests of the arguments to be examined."
[Note. — A learned correspondent calls the author's attention
to the fact that the same conclusion reached in the Supreme Court of
the United States under the Anti-Trust Act would have been
reached if the case had been brought in the New Jersey Court of
Chancery without reference to any Federal statute. A New Jersey
charter cannot be used lawfully to defeat the policy of another State
as declared in its legislation or its decisions. The legislation of
Minnesota forbids a railroad chartered by that State to consolidate
with any competing railroad. The Northern Securities Company
charter was used to evade or defeat the policy of that State in this
respect. Under the decision of the New Jersey Court of Errors
and Appeals in the case of Cooler v. Tacoma Ry. & Power Co. (54
Atlantic Reporter 413), this would be enjoined by the New Jersey
Court. In that case a New Jersey corporation was enjoined from
transferring its stock to a Washington corporation on the ground
that the pdlicy of the State of Washington forbade one corporation
from holding or voting the stock of another.]

DELTA CHI QUARTERLY 13

FEDERAL CONTROL OF INSURANCE

By Professor Edzvin Maxey

Of the University of West Virginia

Before advocating a change in the respective spheres of State
and National activities it is fitting that we ask ourselves the ques-
tions : Is there cause for action ? Is the proposed change constitu-
tional? Is it expedient? If the first is answered in the negative,
the inquiry should properly end at that point. If it is answered in
the affirmative and the second in the negative, we are forced to halt
until we have determined whether or not the change is of suffi-
cient importance to warrant amending the G)nstitution. If the first
and second are answered in the affirmative, the way is then open
for a discussion of the third, which must be also answered in the
affirmative before a change can be consistently advocated.

If practically all the business done by insurance corporations
were done in the state of their creation, the States could exercise an
effective regulation. But what are the facts? The leading insur-
ance companies do from 70 to 97 per cent, of their business outside
of their own state. True, they are required to take out licenses
in states in which they are doing business as a foreign corporation.
But such licenses do not give sufficient power over the foreign
corporation to enable a state to regulate it effectively. The present
decentralized method of control by forty-five distinct agencies is
well calculated to, and as a matter of fact does, breed wild-cat
companies. For, while some States wi^l go to extremes in the harsh-
ness of their requirements, there always have been, and in all human
probability, always will be others that will bid against each other
for the honor of becoming the home of corporations. This rivalry
has made it very easy for insurance companies, whose capital exists
practically on paper, to acquire "a local habitation'* with a view to
doing business in other states. Nothing is easier for a politician
temporarily *'out of a job*' than to organize and launch a mutual
insurance company and later on fill the hearts of its policy holders
with mutual regrets.

A good example of this is the Citizens Insurance Company of
Chicago whose advertisement could be found in every state, except
Illinois, but its assets nowhere. It advertised itself as having
$150,000 assets and no liabilities; but from the several hundred
suits by policy holders it appears that owing to some clerical error,
or otherwise, the above figures were placed in the wrong columns.
Ten years ago Mr. George B. Luper, who was in a position to know
what he was talking about, characterized the situation as folbws:
"The facility with which a few people, having nothing better to do,
can organize a mutual company, is a positive danger.** This criti-
cism of conditions applies equally well to-day.

In a recent report the Insurance Commissioner of Massachu-

14 DELTA CHI QUARTERLY

setts says that "over fifty of the insurance organizations of this
State have no other reason for existing than to afford some one an
excuse for drawing a salary." This suggests Anderson's para-
phrase on Horace Greeley : "Young man, if you have nothing better
to do, organize a mutual insurance company, adopt a popular name
and motto; you will be sure to have followers, and it will afford
you an excuse for drawing a salary — for awhile."

The condition of affairs is, therefore, such as to lead reasonable
men to conclude that there is cause for action. We have next to
inquire whether or not the change from State to Federal regulation
would be constitutional.

Without resorting to the general welfare clause, which should
be used rather sparingly, it seems to me that there is ample consti-
tutional authority for FederaJl regulation of the insurance business.
This authority is to be found in the clause giving Congress the
right to regelate "commerce among the several States." The small
fraction of business done by local companies would not come within
this provision, but as the share of the business done by such com-
panies is constantly becoming relatively less, we should not make of
it the controlling factor. We ought not to insist that "the tail should
wag the dog."

I am aware that the United States Supreme Court has decided
in the case of Paul v. Virginia, 8 Wallace, t68, that insurance is
not commerce. But that case was decided thirty-six years ago and
in the meantime there has come, together with the growth of com-
merce in every direction, a widened conception of what constitutes
commerce. Nowhere is this more evident than in the decision of
the Supreme Court itself. For in the case of Champion v. Ames,
188 U. S.. 321, it decided that the carrying of lottery tickets from one
state to another is commerce among the States. In the light of
this decision the position taken by the court in the case of Paul vs.
Virginia becomes untenable.

As stated by Justice Field, who delivered the opinion of the
court, the position taken was this: "The policies are simple con-
tracts of indemnity against loss by fire entered into between the
corporations and the assured, for a consideration paid by the latter.
These contracts are not artides of commerce in any proper meaning
of the word. They are not subjects of trade and barter offered
in the market as something having an existence and value inde-
pendent of the parties to them. They are not commodities to be
shipped or forwarded from one state to another, and then put up
for sale. They are like other personal contracts between parties
which are completed by their signature and the transfer of the con-
sideration. Such contracts are not inter-state transactions though
the parties may be domiciled in different states. The policies do
not take effect — are not executed contracts— until delivered by the
agent in Virginia. They are, then, local transactions and are gov-

DELTA CHI QUARTERLY I5

erncd by the local law. They do not constitute a part of the com-
n^tirce between the States any more than a contract for the purchase
and sale of goods in Virginia by a citizen of New York whilst in
Virginia would constitute a portion of such commerce."

It is, however, impossible to make other decisions of the Supreme
Court conform to the above tests. For instance, it was decided in
the Passenger Cases, 7 Howard, 283, that the carrying of passengers
from one state tto another is commerce between the States and as
such, subject to Federal regulations. Now, certainly passengers are
not "subjects of trade and barter," neither are they "put up for
sale." Telegraph messages are not subjects of barter or sale and
yet it was decided in the Pensacola Tel. Co. v. Western Union Tel.
Co., 96 U. S., I, Justice Field dissenting, that communication by
telegraph was so indespensaMe to commerce as to make i-t a proper
subject of Federal regulation under the commercial clause. But is
it much more indispensible to business transactions than is insur-
ance? The difference is one of degree rather than one of kind.
While commerce could be, and as a matter of fact has been carried
on without either, both are useful adjuncts to commerce, and the
same reasoning which brings one within the sphere of Federal regu-
lation of commerce brings the other.

It is exceedingly difficult to see how an insurance policy is not a
"commodity to be shipped or forwarded from one state to another,"
in as true a sense as is a lottery ticket, a bill of lading or a telegraph
message. Yet, each of these are subjects of commerce, the first and
last declared so to be in cases already cited and the second in the
case of Woodruff v. Parkham, 8 Wallace, 123. A commodity is
not necessari'ly freight ; it is a utility, an economic good.

Whatever may have been the case at the time when Justice
Field handed down his opinion, it is not true at the present time that
insurance policies "do not take effect — are not executed contracts —
until delivered by the agent." Many companies now provide that
their policies shall take effect on the day the application is written ;
while others consider them in force from the time the policy is
signed by the po^licy writer at the home office. Some companies do
a large business by telephone and make their policies take effect
from the date of the telephone order.

If such contracts are not inter- state transactions when the
parties thereto are domiciled in different states, what are they?
Certainly the business of bringing them about is business inter-
course, and business intercourse is commerce (Gibbons v. Ogden, 9
Wheat., i). Practically every man who thinks of the insurance
business as it exists today, thinks of it as one form of commercial
activity, thinks of its relation as commercial relations. This is true
of the purist as well as the business man, unless, perchance, the
former has read Paul v. Virginia.

i6 DELTA CHI QUARTERLY

The opinion in this case is at variance with the facts when it
says that insurance contracts "are not subjects of trade and barter
offered in the market as something having an existence and value
independent of the parties to them." The fact is that they are now
to a very considerable extent, subjects of trade and barter; they are
forwarded from one state to another and sold or assigned just as
any other commodities having values convertible into hard cash, and
this, too, independent of the parties originally concerned.

Given the insurance business as it exists today, and the trend
of decisions in the Supreme Court and there seems to be little room
for doubt but that a law of Congress regulating insurance companies
in so far as they were doing an inter-state business would be held
constitutional.

As to expediency, the case is too plain to admit of any lengthy
argument. The same reasons which lead to Federal regulation of
other forms of commerce between the States hold with reference to
this form. A patchwork of laws made up of the regulations
adopted by forty-five different states could not be expected to work
smoothly or well. Such lack of harmony is a fruitful source of
disputes and an impediment to the healthy growth of commercial
relations, just as similar relations with reference to all commerce
were previous to the adoption of the Constitution. It is unfortunate
that the change should have been delayed thus long — a delay due
to the fact that Justice Field with his narrow views of commerce
should have been permitted to dominate the Court in Paul v. Vir-
ginia instead of being overruled as he was in Pensacola Tel. Co v.
Western Union Tel. Co.

DELTA CHI QUARTERLY 17

UNIVERSITY OF PENNSYLVANIA

INSTALLATION

By William W, Bride.

After having gone through that period of probation and those
series of investigations to which aW petitioners to Delta Qii must
conform, the University of Pennsylvania came forth with colors fly-
ing and the petition was granted. The whole affair from the pre-
sentation of a petition to the culmination on May 21st, bespeaks
great praise for the members of Delta Qii living in and near Phila-
delphia, and, if one can be picked out from aW the rest of those who
worked hard to bring the affair to its present status, the name of
William Henry Kern of Dickinson Qiapter would be chosen.

Saturday, the twenty-first of May, was the date of the instaUa-
tion and the New Hotel Belgravia was the place. The writer of
this narrative strolled into the lobby and found Brothers Carlisle,
John and Kern hard at work trying to figure the combined sum of
five and two. John wanted to begin at the top and add down, while
Kern insisted that five and two were eight minus one. The meeting
of this "Fussers Club" was adjourned to the dining room and all
differences were drowned in coffee. Finally, Carlisle ran out to pro-
cure a goat and came back smiling bringing the lassoed beast to the
installation chamber, where he was greeted by a large number of
Delta Chis who had come to town for the ceremonies and what was
to follow.

The installation exercises were begun about four-thirty and
were continued withou-t interruption until about ten p. m., when the
banquet was held. The following men were lead through the valley
of tears and reached the mountain top of brotherhood somewhat
tired but just literally "tickled to death:" Ethan P. Wescott, Albert
G. Rutherford, Charles L. Robertson, Ezra H. Ripple, Jr., Marshall
S. Reynolds, Frank A. Piekarski, John M. Hutchinson, Frank H.
Hobson, S. S. Herman, Hamilton C. Connor and James F. Arnold.
These are the men to whom the interests of Delta Chi in the Univer-
sity of Pennsylvania are given in trust and they are worthy in every
particular of carrying on the great work assigned to them.

Then came the banquet. If the master hand of Kern was
shown at any time, it was to be found in this feature of the in-
stallation. The menu cards themselves were magnificent ; the menu,
too, was excd'lent. About thirty sat down and listened to speeches
and quaffed frequently from the "goblets" — literally goblets of cham-
pagne.

i8 DELTA CHI QUARTERLY.

TOASTS.

Toastmaster, Brother Floyd L. Carlisle, Cornell.

"I am monarch of all I survey,
My right there is none to dispute."

Address of Welcome, John J. Kuhn, Cornell.

"Small cheer with hearty welcome makes a feast."

Delta Chi, Rufus G. Shirley, New York University.

"To those who know thee not, no words can paint,
And those who know thee, know all words are faint."

The Alumni, A. Frank John, Dickinson.

"Nothing is more noble, nothing more venerable than loyalty."

The Honorary Members, Stuart McNamara, Georgetozvn.

Cornell Chapter, Manton M. WyveM, Cornell

"She is the mother of fearless sons."

Dickinson Chapter, E. F. Heller, Dickinson.

"Thou hast deserved more love than I can show,
But tis thy fate to give, mine to owe."

New York Chapters, Leroy T. Harkness, New York Law.

"But I am constant as the northern star."

Georgetown, William W. Bride, Georgetown.

"But a little while ago."

The New Born Babe, Albert G. Rutherford, Pennsylvania.

"The baby figure of the giant mass of things to come."

Who of those present will ever forget how John had to apolo-
gize for the story he told; who will ever forget "Johnny" Kuhn's
scintillating wit, or how "Tommy" Downs enjoyed Brother McNam-
ara's speech. He wanted that speech printed in "full." There were
many reasons why "Tommy" and the "speech" would have been har-
monious had the toastmaster adopted the suggestion.

Those present at the installation and banquet were: Brothers
Stuart McNamara (Honorary, Georgetown), Floyd L. Carlisle,
Rufus G. Shirley, John J. Kuhn, Leroy T. Harkness, A. Frank
John and William W. Bride of the "XX" ; Thomas Downs, Cornell
'02; Manton M. Wyvell, Cornell '03; J. Wilmer Fisher, EMckinson
'97: Harry F. Kantner, Dickinson '97; A. S. Longbottom, Dickin-
son '02 ; T. Pinckney, New York University, '03 ; H. F. Gassin, New
York University ; E. F. He/ller, Dickinson '05 ; Paul H. Price, Dick-

DELTA CHI QUARTERLY 19

inson '95 ; Harry P. Katz, Dickinson '01 ; William Henry Kem,
Dickinson 'or, and the initiates.

Then some of those present took themselves to an early bed.
Others thought Philadelphia on an early Sunday morning offered
charms and so availed themselves of this opportunity to see what
was offered. Finally, all reached the Bdgravia or the Walton
where headquarters *ere made and — morning dawned.

Our room was a headquarters all day. Here the boys gathered
and many funny stories of "yesterday" were told and still others
that were not so recent. Finally the time came to leave and the
traditions of Delta Chi were left with Pennsylvania and the very
pleasant memory of an installation rested with all those who were
there.

By the way, if it wiH be allowed me to speak here, the interest
shown by Brother McNamara, an Honorary member of my chapter
at Georgetown, is most certainly a recommendation of our practice
of taking in honorary members. He is as active as any man in the
chapter and as for his interest in Delta Chi nationally, I have but to
refer you to those brothers whose cards are in "The Quarterly," and
who have received a large share of his business when "Mac"
needed a lawyer out of town.

20 DELTA CHI QUARTERLY

NEW YORK ALUMNI CHAPTER

yoAn y, Kuhn, Cornell ^8

In the mad race for fame and wealth in the great metropolis,
New York, the busy practitioner of the law might forget the impres-
sions made upon his sentimental youth when an undergraduate mem-
ber of a chapter of Delta Chi, and his obligations to the Fraternity
as an alumnus, were he not constantly reminded of both by the two

Undergraduate Chapters and the Alumni Chapter in this city.

In New York, the affairs of the three chapters are kept abso-
lutely separate and distinct. The New York University chapter
and the New York Law chapter hold smokers and banquets and
have other forms of entertainment, to which they invite each other
and the alumni, but no effort is made, nor is it considered desirable,
to have joint affairs.

The Delta Chi Club of the city of New York, as the New
York Alumni chapter is better known, was organized in the year
1894. For five years it consisted almost exclusively of alumni from
the New York chapter. The Fraternity was young and not many,
alumni from other chapters located in New York. Gradually, how-
ever, the imperative need for an alumni club consisting of alumni
from all chapters was felt, and the scope and spirit of the club
were accordingly broadened. On November 17, 1898, the club was
incorporated under the laws of the State of New York with fifteen
members of the New York University chapter and one member of
the Michigan chapter as incorporators. Commodore David Banks
was elected president, and has been annually reelected. The club
has steadily grown until it now numbers about one hundred twenty-
five members, representing nearly every chapter of Delta Chi.

In 1899, club rooms were rented at No. 20 East gth Street. On
January, 1900, the club moved to No. 25 East 21st Street. The
club rooms were open daily, and monthly meetings were well at-
tended. It was found that the membership of the club was not suf-
ficiently large, and was scattered over too great a territory, to war-
rant the maintenance of the club rooms, and in 1901 the dub decided
to abandon that feature and merely hold monthly meetings.

For two years the old Brevoort House at Fifth Avenue and
Eighth Street used to echo the merriment of the Delta Chi boys
at their monthly gatherings. The meetings were occasions for
dinners, smokers and entertainments. At occasional meetings every
man present was cailed upon for a "stunt." The dues covered all
expenses of these gatherings and the club prospered.

Last year the dues were reduced to a nominal sum — two do'llars
per year, and the expense of the banquets given was defrayed by
those who attended. Three banquets were held, one at the Hotel
Marlborough, and two at Reisenweber's Venetian Palace, with an
average attendance of seventy. The entertainment at the club has

DELTA CHI QUARTERLY 21

been varied. Sometimes a man of political prominence or of judicial
eminence is invited as the guest of the club, and his advice helps and
encourages the younger men. Sometimes the toasts are announced
in advance by the committee, when formad addresses are heard,
and sometimes the toasts are impromptu — and are just as enjoyable.
At the last two dinners, professional entertainers amused the diners.

At every affair Delta Chi spirit is the g^est of honor. The
Fraternity songs are sung, the yell is given, and when the feast is
over and the enthusiastic band disperses, the men who have attended
feel that they and the Fraternity have both been benefitted.

The club began its existence with the laudable ambition of
becoming a miniature bar association. Only members of the Bar
and graduates of a law school were eligible for membership. It was
thought, that with this restriction, there was no reason why the dub
should not become the center of legal lore in New York. But there
were murmurs of disapproval of this course from the beginning.
While the condition did not affect, to any great extent, the members
of the New York University chapter, because nearly all of them
graduate or become members of the Bar, still many men from other
chapters bad studied law but had abandoned it for mercantile pur-
suits, and while having, perhaps, graduated from a university, had
not taken a degree in law. "Once a Delta Chi, always and in all
places a Delta Chi," was their slogan, — ^and their cause grew.

At the Convention in 1903, the club applied for a charter as an
alumni chapter. After careful consideration on the part of the Con-
vention, it was made a condition precedent to granting a charter to
the club, that its constitution be so amended that any Deilta Chi, not
a member of an undergraduate chapter, whether or not a graduate
or a lawyer, should be eligible to membership. The constitution
was so changed at the meeting of December 12, 1903, by a unani-
mous vote and at the 1904 Convention it was ordered that an alumni
charter be issued. Thus, the organization is now in spirit as weil
as in name, the Delta Chi Club of the City of New York.

The officers for 1904 are: President, Commodore David
Banks; ist vice-president, Charles E. Travis; 2nd vice-president,
John J. Hines ; secretary and treasurer, Francis H. Boland.

The board of govemers is made up as follows: Wilfred N.
O'Neil, John J. Kuhn, Francis H. Boland, George W. Olvany and
L. Barton Case; and the board of directors as follows: William
F. Quig^ey, William J. Barr, L. Barton Case, Francis H. Boland
and John J. Kuhn.

A committee of twenty was elected in December, as a general
entertainment committee. It consists of Brothers Quigley, Olvany,
Tucker, Hurley, Bennett, Kuhn, Kahrs, Boland, Case, LaRoche,
Osbom, Rowe, Alexander, Hutchins, Murphy, Carpenter, O'Neil,
Watson, Moore and Brown. Plans are under way for an afternoon

M DELTA CHI QUARTERLY

and evening entertainment at a seashore resort near New York for
some Saturday during the summer.

The Alumni Chapter was represented at the last annual Con-
vention by George W. Olvany, (N. Y. U., '97), and John J. Kuhn,
(Cornell '98), who took active part in the Convention proceedings.
Representation in the governing body of the Fraternity was accorded
the club, in the election of John J. Kuhn.

The officers of the club realize that notice of all the affairs
does not reach every Delta Chi in and about New York. Until the
promised directory is issued, the list of "Delts" in New York city is
incomplete. Every Delta Chi is welcome to attend any dinner,
smoker, or other affair, whether or not he is a member of the cJub.
Delta Chis desiring information are Invited to correspond with
Francis H. Boland, 217 West 125th Street, New York City, (Man-
hattan).

The club succeeds in keeping alive the interest of the alumni in
the Fraternity and in fostering the Fraternity spirit with which the
members become imbued at the time of their connection with active
chapters. The strong inter-chapter feeling, which is one of the
attributes of Delta Chi, is splendidly illustrated at all of the social
affairs of the dub. Brothers from chapters in the north, east, south
and west meet to demonstrate the fact that interest in Delta Chi
does not end with graduation.

DELTA CHI QUARTERLY 23

The Delta Chi Quarterly

Published at Ithaca, New York

BOARD OF EDITORS

Jambs O'Malley, Editor-in-Chief,

A Erie Co. Savings Bank, Buffalo, N. Y.

MANTon M. Wyveix, Business Manager,
Ithaca, N. Y., and 350 Broadway, N. Y.

ASSOCIATES

Floyd L. Carlisle, Chap. Correspondence,
8 Stone Street, Watertown, N. Y.

John J. Kubn, Alumni Page,

189 Montague Street, Brooklyn, N. Y.

William W. Bride. Exchange Editor,

131 B. Street. S. B.. Washington. D. C.

EDITORIALS

The University of Pennsylvania Chapter has been placed on the
roll of Delta Chi, The installation was held in Philadelphia on the
2 1 St of May. This event is chronicled on another page of this issue
of The Quarterly. The new chapter has been established with a
membership creditable in numbers and, as an organization, it should
early take rank among the strongest bodies in the Fraternity. In the
judgment of the writer, the University of Pennsylvania offers a most
fruitful field for a branch of the Fraternity to take root and develop
into a strong and healthful individual organization. The institution
Itself is excelled by few, if any in the country. Its law department
with which we are most directly concerned, is one of its nx>st worthy
sources of strength. It has four hundred or more students, with a
splendid college equipment. Certainly, from this number of men,
the new chapter ought easily to select a membership of high calibre ;
men of character, and of those other qualifications essential to good
fellowship and fraternal association.

The Fraternity extends most cordial welcome to the University
of Pennsylvania Chapter. But in its welcome it combines a sugges-
tion of what is expected, not onHy from the youngest but the oldest
chapter of Delta Chi in respect to internal chapter policy. This is,
that Delta Chi demands from her children more than a mere formal
existence. The idea that Delta Chi is a graduate fraternity, the chap-
ters of which are no more than a series of legal clubs scattered

a4 DELTA CHI QUARTERLY

throughout the country, should be early expelled from the mind. Be-
cause Deha Chi's membership is drawn largely from one profession,
makes it no less a fraternity, capable of expanding into a strength
equal to that of any Greek society in the land. As an association of
clubs, the Fraternity could not exist as a national organization. There
must be a union of hearts and hands which, extending from chapter
to chapter, will bind all together into one indissoluble brotherhood.
To this end, the new chapter, as well as all others, should strive with
earnest endeavor. It will prove the means, in fact the only means,
of preserving the strength and extending the rapidly growing influ-
ence of Delta Chi as a national fraternity.

U U U

Delta Chi appears to have established her two alumni chapters
without cause for regret. Now comes the New York Chapter, rival-
ing her Chicago sister, with reports of a very prosperous condition,
having passed a year of high value to its members and to the
Fraternity. In the May Quarterly, the extension of these alumni
chapters was urged. Buffalo was named as one of the best fields
for this extension work and the attention of the alumni of the Buffalo
Chapter is especially directed to this article on the New York Alumni
Chapter, formerly known as the Delta Clii Club of New York City.
The early fall should see a similar organization effected in Buffalo
where there are approximately one hundred men eligible to member-
ship. Such an organization would be a strong auxiliary to the Buf-
falo active chapter.

tj u tr

The name of Dean Huffcut is alone sufficient to bring to his con-
tribution to this number of The Quarterly, the attention which it
deserves. He is among the foremost Atncrican legal authors and
teachers. The subject which he treats here has been much alive for
several months past. It was at the recent Convention banquet of
Delta Chi in Ithaca, where Dean Huffcut presided as toastmaster
that his implied promise to write for The Quarterly was given. A
more welcome subject could hardly have been chosen by the writer.
To the young lawyer, to which class belong the great majority of
the Fraternity's membership, an explanation of the origin, of the
principles involved, and of the force of the decision in the Northern
Securities Case, will prove invaluaWe in clearing up the subject gen-
erally.

DELTA CHI QUARTERLY 25

Another subject dealing with a branch of the law which may
soon occupy Federal attention, is treated here by Professor Maxey
of the University of West Virginia. It is a clear and concise state-
ment of conditions as they obtain today under the laws of insurance,
enacted and construed as they are in various jurisdictions, sup-
plemented by cogent arguments for Federal control of this branch
of the law. Professor Maxey is an honorary member of the Univer-
sity of West Virginia Chapter. He is enthusiastic in its support and
very willingly sent his contribution to help The Quarterly to a suc-
cess. Contributions from men like Dean Huff cut and Professor
Maxey must necessarily lend prestige to The Quarterly. On be-
half of its readers and all interested in its welfare, our appreciation
and thanks are extended to them.

XJ XJ tJ

The next three months will be the formative period for the fra-
ternity year of 1904-05. Of the work to be outlined and carried into
immediate execution, that of laying plans for securing new men is by
far of greatest importance. The system of "men getting" is pretty
well perfected in the various college fraternities, and year by year,
the necessity for thorough work in this regard is becoming more
keenly felt. With many of the Greek societies, this work has already
begun, in fact it is well nigh completed at this date, having occupied
the attention of a committee of workers during the late months of the
college year just closed. With these, each of their alumni in the var-
ious parts of the country, has been notified to send the names of all.
prospective college freshmen in his immediate district or territory,
and a general *'rounding-up" of available fraternity material has re-
sulted. In consequece, the societies who institute and carry out this
policy of securing the names of men and information regarding them
through the medium of their alumni, are well equipped for the rush-
ing season. Moreover, what is of greater worth to the chapters, the
character of the new men is fairly well known to the members of a
chapter before they arrive at college.

The splendid advantages which such a system gives are to be
seen readily. Of course, its success will be determined entirely by
the attitude which the alumni of a fraternity assume toward it. In-
difference, and neglect in heeding the call for filling out the neces-
sary information blanks, will render futile all eflForts on the part of a

a6 DELTA CHI QUARTERLY

committee which is carrying the burden of this work. A year ago
Deilta Chi made such a call upon her alumni, with fair, but not en-
tirely satisfactory results. Many of the blanks were not returned at
all. In many cases, the names of very desirable men who were
planning to enter some college from a certain territory or district
throughout the country, were omitted entirely. The outcome in
these cases was that Delta Chi lost many opportunities to put her
chapters in touch with desirable men. Such should not be the result
this year. It is very little work to fill out and return an information
blank. If this sjight duty is attended to immediately on the receipt
of the communication, it is far more likely to be attended to, and the
work of compiling information will be greatly facilitated. And cer-
tainly, each chapter will be better equipped for the year's work with
such a source of assistance available at the beginning, than to work
aimlessly, and without a guidance in the selection of its men.

TJ TJ TJ

Within the past few weeks some question has arisen in regard
to the interpretation of certain clauses of the Constitution. The dis-
cussion of the subject which followed between members of the "XX,"
has resulted in the suggestion that a complete revision of this in-
s-trument should be a proper subject for consideration at the next
Convention. This revision wouJd assume less the form of amend-
ments, than a general separation of the parts, so as to leave in the
instrument proper only those matters which a constitution should
contain. An early consideration of this subject might facilitate the
work of revision, should such be deemed advisable. In fact, the
work in general of a convention could easily be made less burden-
some each year, if the important matters to come before the body
could have received some thought and consideration before hand.

Another plan to which the "XX" might devote some time and
attention during the summer is to provide a written code of pro-
cedure for the chapters, supplementing what is already before them.
Such a code would serve in the nature of by-laws, with which there
is excellent reason for believing, some of the chapters are not well
provided. At the same time it would assure uniformity of chapter
procedure and give to each a set of laws which would show develop-
ment from a common source. Undoubtedly, the chapters would wel-
come such a code, and be right willing to adopt it for use before the
next convention meets.

DELTA CHI QUARTERLY 27

AMONG THE GREEKS

Among the twenty or so fraternity publications that are lying on
the Exchange Editor's Table, the conspicuous cover of the Kappa Alpha
(Southern) Journal attracts first attention. From its crimson cover, em-
bellished with the arms of the Fraternity, to its last page, the magazine
deserves honorable mention. If the Journal is not the best of all frater-
nity periodicals, then the one at the top has a dangerous rival. It is
extraordinarily newsy. One could' read its pages and find out practically
all that is going on in the Greek World. One very seldom finds a maga-
zine devoted to the interests of a particular club or society that is inter-
esting to those outside its fold. . This magazine, on the other hand,
seems to be pursuing a policy to strengthen the national idea of fraternity
and urge a closer bond of unity between the societies.

Aifter referring to other legal fraternity publications, the Journal ad-
mits in quite a complimentary nian.ner, that Delta Chi has attained a res-
pectable degree of prominence. It tells us that we have sixteen chapters,
publish A Quarterly and were founded in 1891. Your summary is one chap-
ter and one year out of the way. Editor Burnley! There is a very able
article on the much discussed combination of the two societies bearing
the name of Kappa Alpha by Mr. L. S. Boyd.

K. A. Southern seems t^o favor unity, but the Northern society seems
to think that it would **be swallowed up by the combination." The Ques-
tion seems to be no nearer settlement than several years ago when it
was very largely discussed by the respective societies. The Southern
K. A. was founded at the close of the Civil War and has a chapter roll
of about fifty, while the K. A. Northern was founded in the early past
century and has but seven or eight charges.

Another very good magazine is that of our brother-in-law, Phi
Delta Phi. It can scarcely be called a fraternity publication for the entire
issue, with the exception of a few pages devoted to editorials and chapier
notes, is given to legal articles. It is more in the nature of a law peri-
odical.. A good article on the policy of chapters deserves especial
mention.

There is on* little statement that should be called to the attention of
the editor of the "Brief." In quite a good article on law fraternities
it says: "All t'hese societies (referring to legal fraternities) like Delta
Chi, were the result of failures to obtain charters from Phi Delta Phi."
The editor of the "Brief" certainly knows that the founders of Delia
Chi never petitioned for a charter in Phi Delta Phi. Cornell, the mother

j8 delta CHI QUARTERLY

Chapter of Delta Chi, was the scat of a chapter of Phi Delta Ftii for
several years before the idea of Delta Chi was launched. Does anyone
suppose that men would petition to establish another chapter of Phi
Delta Phi in a school where there already existed a chapter of that fra-
ternity? The idea is preposterous and Editor Topping sfhould not allow
such statements to creep into an otherwise very good number.

The D. K. E. Quarterly is scarce the magazine one would expect
from such a fraternity as Delta Kappa Epsilon. It is scarcely half as
large as the Delta Chi Quarterly, and there is scarcely a bit of news for
those of us who are not D. K. E.'s. In the chapter letters no hint is
given of the location of the chapter, for the Greek denominations are
given as headings. The Quarterly is young, however, and backed by D.
K. E., is bound to go forward.

The Phi Delta Theta Scroll is the first issued by the new editor,
Mr. J. H. DeWitt of Nashville, Tenn. It is a very good number and
shows considerable improvement. A very good article on the new home
of the "Phi Delts" at Michigan constitutes about all that is interesting
to the uninitiated.

The Sigma Nu Delta, although quite late, is the newsiest of all fra-
ternity publications that have come to my notice. The Editor supplies
a good readable article on fraternity pins. He tells us to get large ones
and to wear them. He doesn't object to having the "Sigs" loan their
pins to the girls. *'What*s the harm?" rema-rks this Greek gallant.

The ,Phi Kappa Psi Shield is, as usual, an excellent number. It
is issued about eight times a year and is consequently much smaller than
the average journal. It still impresses upon the Phi Psi's that they are
the best ever. A little bit of doggerel in the last issue is enough to turn
us all grass-colored with envy of a "Phi Psi."

Who owns the city and the State?

Phi iPsi!
What makes the nation truly great?

Phi Psi!
Who are the All, the Whole, the Sphere,
Sun, Moon and Stars and All the Year,
Brain, Wealth and Power — Hear! Oh hear!

Phi |Psi!

The Delta Upsilon Quarterly publishes a very good article — one
that every Greek should read — on inter-fraternity courtesy. It empha-
sizes the real meaning of a fraternity and its practical uses. Another

DELTA CHI QUARTERLY ag

article, which deserves the compliment paid it, is the essay copied from
the A. T. O. Palm on the "Influences of a College Fraternity." The
writer received a fifty-dollar prize for his work. The Quarterly is a
continuation of a long line of Delta Upsilon successes.

Last of all comes *'Desmos/* the magazine of the Delta Sigma Delta
fraternity, whose mission on earth is to draw teetlh as well as to draw the
dentists together. George Edwin, the editor, is the funny man among the
Greeks and his very little paper causes frequent favorable comment
among the exchange men. It is the joke box of all fratenity journals. A
little squib in a recent number is quite good:

A damsel who dwelt on the Isthmus
Had optics that twitched with strabismus;

As a consequence she

Was unable to see
What she got in her stocking for Christmas.

In fact, all of the publications show a marked improvement over
those issued early in the year. The editors seem to have Jearned the
tricks of the trade. Very few of the Greek magazines retain their
editors-in-chief as long as does the Phi Kappa Psi Shield or the Beta
Theta Pi. The name of Baird has become synonomous with fraternity
knowledge.

WILLIAM W. BRIDE,

Exchange Editor.

30 DELTA CHI QUARTERLY

CHAPTER CORRESPONDENCE

April, 1904 — June, 1904.

CORNELL.

The Cornell Chapter has initiated the following active men since
its last report: Benjamin Coe Turner, '06; David Page More-
house, '06, and Neal Dow Becker, '05. Becker is a leading debater
in Cornell. All active men initiated during the year will return next
year.

Hugh P. Henry, '05, is a member of the '86 Memorial Debate
Stage and has been elected a member of the Cornell Era board. E.
W. Kelsey, *o6, was elected president of the Cornell University
Christian Association. E. H. Kelley was recently elected business
manager of the Senior Class Book. He holds the same position on
the Daily Sun.

Out of the twelve men selected for the cast of the Senior week
play, Hugh P. Henry, Harold J. Richardson and Ralph E. Hoskot
were members of the Fraternity. Brother Hoskot won distinction in
his role.

During Senior week the Chapter gave a house party that was
well attended and enjoyable. A. M. Wright, '03, and James
O'Malley, *oi, were present during the week.

The Chapter had five men to graduate this year. Counselors
C. E. Kelley and Gulick receiving the degrees of A. B., while Coun-
selors Rutledge, Driscoll and Peace received the degrees of LL.B.

During Senior week the Fraternity was well represented in the
activities. Counselor C. E. Kelley was memorial orator and Brother
Richardson received the custody of the class pipe which is kept by
each senior class in the University. Counselor Richardson and E. H.

Kelley were elected to Sphinx Head, the Senior honorary society.
Counselor RutJedge w^.s admitted to the Bar. Of the five men
graduated this year, two will return next year. It is expected that
about seventeen members of the Chapter will return this fall.

NEW YORK UNIVERSITY.

The Chapter held its annual banquet at the New York Athletic
Club on Saturday evening, April 23rd. Some fifty members of the
undergraduate chapter and of the alumni attended. The list of
guests comprised the Hon. C. A. Townc, Clarence D. Ashley, Esq.,
the Hon. John M. Quinn, the Hon. William S. Bennett, and Floyd
L. Carlisle and Manton M. Wyvell of Cornell. Many of the alumni
of other chapters favored us with their presence.

DELTA CHI QUARTERLY 31

Our Chapter had a box at the Senior Promenade, being the only
law fraternity represented, and it is also the first time that a law
school fraternity has been so represented at this important affair.
The box was tastily draped with the Fraternity colors and Fraternity
flags.

Qiester H. Lane was made president of the Senior class aca-
demic department and delivered the president's address on Class
Day. C. W. Gerstenberg was Senior class orator and poet, and
winner of *The A. Ogden Butler" philosophical fellowship and also
the famous Gordon Bennett prize. Andrew J. Conwick, of the Jun-
ior class, won first prize.

John P. Simmons won the William H. Inman fellowship. Wil-
son R. Yard has successfully passed his Bar examination. C. H.
Lane received the degree of A.B., and C. W. Gerstenberg received
the degree of Ph.B. The following received degrees of LL.B. : L. S.
Abberly, H. S. Austin, C. R. Bradbury, G. J. Corbett, A. B. Graham,
J. A. Hamilton, B.A., O. R. Judd, B.C.S., R. S. Patterson, and
W. R. Yard. Eleven men will return next year. The fol-
lowing are the officers : Harry L. Gassin, "A" ; Joseph Hartigan,
"B"; Chester H. Lane, "C"; E. Dean Coulter, "D"; George C.
Felter, "E."

MINNESOTA.

The following initiates are reported : Edgar L. Noyes, '06,
Minnetonka Mills, Minn. ; Joseph Pierce, '05, Diduth, Minn. ; C. L.
Gilman, '05, St. Qoud, Minn. ; Dennis E. Bowe. ^05, Waseca, Minn. ;
Winfield W. Bardwell, Minneapolis, Minn.; George Hoke, '06, St.
Paul, Minn., and Frederick Larson, '06, Wilmar, Minn. Brother
Bardwell has been in the State Legislature and is Secretary of the
Hennepin County Bar Association.

Seven of our members were admitted to the bar on June 3rd :
E. A. Joggard and C. B. Elliott are candidates to vacancies on
the Minnesota Supreme Court bench.

The Chapter gave its annual banquet at the Nicollett Hotel on
the evening of April i6th. Judge E. A. Joggard presided as toast-
master. On the evening of April 26th, we held a rushing party at
the rooms and an enjoyable time was spent by aill.

The following are officers for the coming vear: William R.
Morris, "A" ; Otto N. Davies, "B" ; Denny P. Lemen. **C" ; Josiah
H. Chase, "D" ; Edgar L. Noyes, "E" ; C. L. Gilmon, "F."

MICHIGAN.

One man has been pledged but no initiations have been held.
Counselor Wier has resigned as manager of the Intcrscholastic

3a DELTA CHI QUARTERLY

meets. This coming autumn the formal transfer of a house for our
Chapter will be effected.

Brothers Jones and Leckie recently passed the Ohio Bar ex-
aminations. Brother Leckie will locate in Cleveland, O., and
Brother Gregory will locate in Seattle, Wash.

DICKINSON.

On April 7th the Chapter gave a smoker in honor of P. A. A.
Corr, C. E. Daniels, J. B. Krutz, M. D. Patterson, T. B. Wilson and
A. B. Vero, a'lumni.

Leon C. Prime on April i6th delivered before the chapter and
invited friends, his lecture on "The Men Who Dove." This was a
delightful affair and was followed by an informal smoker. Brother
Spencer represented the Fraternity on the baseball team this year.

NORTHWESTERN.

Harold Romans, '06, Dennison, la., has been initiated. At the
University Commencement, the degree of Master of Science was
conferred on Russel Wiles. Qayton J. Barber was awarded the
Callahan prize for highest scholarship throughout the courses.
Brother Murphy, '03, has been elected Justice of the Peace of Cook
County. He is the youngest person holding that office.

The engagement of Professor Woodward, Cornell '95, to Miss
Bradley of Evanston, has been announced. Professor Woodward
will leave with Professor HaU, of the University of Chicago Law
School, for a few months foreign travel and will be married in
Berlin.

CHICAGO-KENT.

There have been no initiates since May. The following men
have taken the degree of LL.B. : H. L. Bird, O. B. Brown, Frank L.
DeLay, R. J. Hamilton, C. V. McErlean and C. F. Rathbun.

BUFFALO.

At the Commencement exercises May 30th Edward Robbins
divided honors equally with another member of the Senior class for
the First Daniel Thesis Scholarship. Francis E. Bagot secured
second prize for schdlarship during the course. Irving S. Wood
and F. E. Bagot passed the Bar successfully.

The Chapter rooms were closed June ist and will be reopened
in the fall. Only four men will return. A smoker will be held some
time in Jifly for the purpose of arousing interest among the alumni
toward the organization of an alumni chapter in Buffalo.

DELTA CHI QUARTERLY .w

OSGOODE HALL.

M. A. McDonald, Goderick, Can., and H. S. Hunter, Smith
Falls, Can., have recently been initiated. J. P. Haverson of the
Chapter has given up law and taken to journalism. J. J. Harpell,
M. A. McDonald, H. S. Hunter, J. C. Moore, W. W. Livingstone,
A. H. Britton and John A. McEvoy will return to the Law School
in October. During the month of June a dinner was given to
Brother Alexander McGregor who was married on June 30th.

The following are the officers for next year: J. D. McMurrich,
"A" ; J. C. Moore, "B" ; M. G. Hunt, "C ; W. G. Mahaflfy, "D'' ;
W. W. Livingstone, "E" ; and A. H. Britton, "F."

SYRACUSE.

A special meeting of our Chapter was called April 29, 1904, to
take some action in regard to the death of Brother John A. Malloy,
'03, of this city, whose loss is deeply felt by all his friends. He was
connected with the office of former Attorney-General Theodore E.
Hancock. The Chapter attended the funeral in a body, and
purchased a beautiful florad pillow with Ddta Chi letters in red and
buflf. Four alumni and two active members acted as honorary
bearers.

J. M. Seymour, '06, won first prize in the Chancellor's oratorical
contest for first year law students, Monday evening, May 23d.

At Commencement the following members of the class of 1904
received the degree of Bachelor of Laws: Bachus, Burns, Camp-
bcfll. Crane, Larabee, Sleeth, Train, Heffernan and J. F. O'Neil. It
is expected that eleven men will be back next year.

J. F. 0*Neil coached the Colgate track team this year. In the
Cornell-Syracuse track meet, Ralph won the quarter mile and was
placed in the 220-yard dash. Hefferman, Curtis, Wilbur and
Rutherford were regular men on the 'Varsity baseball team this year.

The folfowing chapter officers were elected for the coming year :
Orla E. Black, "A" ; Justin S. McCarthy, "B" ; Harry B. Orchard,
"C" ; Aston G. Rutherford, "D."

There have been no new initiates taken in since April.

The Chapter officers are : O. E. Black, "A" ; J. S. McCarthy,
"B"; H. B. Orchard, "C"; J. M. Seymour, "D"; A. G. Ruther-
ford, "E."

UNION.

The following members of the Chapter graduated with the de-
gree of LL.B. : David C. Salyerds, Herbert Thomas, Benjamin

34 DELTA CHI QUARTERLY

Tirk and John P. Badger. During the spring W. B. Zimmer has
been manager of the 'Varsity basebadl team and Henry Toohey
catcher.

The officers for the coming vear are as follows: William B.
Zimmer, "A'' ; Henry Toohey, "B" ; Joseph Vanderlyn, "C" ; Alfred
D. VanBuren, "D" ; John W. Collopy, "E."

OHIO STATE.

The annual banquet of the Qiapter was held at the Hotel Hart-
man on the evening of June loth. A number of the Alumni were
present. Gilbert Fuller was appointed editor-in-chief of "The
Lantern," the college weekly publication.

The election of officers for the coming vear resulted as follows :
J. E. D. Hartinger, "A" ; F. T. Eggleson, "B" ; Gilbert Fuller, "C" ;
H. M. Rankin, "D" ; Joseph Kewley, "F."

WEST VIRGINIA.

Initiates reported are S. W. Douglass, '04, McKeesport, Pa.;
John A. Purinton, '05, A.B., University of W. Va., '03; Jacob O.
Hertzler, Law '05, Ph.B., Dickinson '03, Carlisle, Pa.

Dr. Brooke, Dean of the Law School, lectured to the Chapter
recently on legal ethics. Four members of the Chapter, Summons,
Gromninger, Purinton and Hertzler, were on the 'Varsity baseball
team. John J. Pritchard was elected president of the Athletic asso-
ciation for the coming year. M. E. Morgan is president of the
Senior class of the University; John Marshall is president of the
Senior Law class and Harry G. Scherr is president of the Junior
Law class. Lewis R. Burton received the degree of LL.M. at
Commencement.

The officers for the following vear are : A. J. Cc/ilope, "A** ;
J. P. Pritchard, "B" ; H. G. Scherr,' "C" ; B. F. Stout, "D" ; F. N.
Alderson, *'E" ; Henry Simms, **F."

NEW YORK LAW.

There have been no additional initiates since April. On Thurs-
day, June 1 6th the graduation exercises of the New York Law School
were held and the following members of Dolta Chi, in the class of
1904, received the degree of LL.B. : William Bailey, A. M. Bailey,
R. S. Conger, E. D. Freeman, G. W. Harper, C. R. Haviland, Jona-
than Holmes, N. P. Howe, F. C. Russell, Spalding Frazer, Newton

DELTA CHI QUARTERLY 35

Adams and E. H. Lockwood. The entire Junior Qass, with the
exception of Brother Davis, who left early in the year to take up the
study of the ministry, will return next fall. Delta Chi will have
fifteen men in the Senior Qass when the Law School opens in
October. A suitable house for next year is being sought.

UNIVERSITY OF CHICAGO.

One initiate, John Frederick Tobin, A.B., University of Neb-
raska, '03, is reported. J. C. Moore and Brother Atwood returned
for the last half of the year. The Chapter loses two men by gradua-
tion, John R. Cochran, who graduated with the degree of LL.B.,
Cum Laude, and Joseph D. Bingham with the degree of J.D., Cum
Laude.

A house committee has been appointed with Brother Lightfoot
as chairman, which will have charge of the house to be occupied in
the fall.

The following men will be in school during the summer quarter:
Brothers Dillon, Lightfoot, Sampson, Johnson, Hurlburt and
Moore. On June 15th the Chapter elected officers for the ensuing
year as follows: Fred Dickinson, "A"; Otto P. Lightfoot, "B";
David Hurlburt, "C* ; Joseph Johnson, "D" ; Henry Sampson, "E" ;
John Tobin, "F."

GEORGETOWN.

The Hon. George B. Cortelyou, Georgetown University '93,
Secretary of Commerce and Labor and Chairman of the Republican
National Committee, and the Hon. Charles A. Douglass, Professor
of Torts and Negotiable Instruments, Georgetown University Law
School, have been initiated as honorary members. John Van Hal.
Beary, Arts '04, Thibodaux, La., and Joseph Z Miller, III., Arts '04,
Belton, Texas, have been made active members. Beary, one of the
initiates reported above, is manager of the 'Varsity football team,
president of the Campus and president of the Athletic Association.

Other honors have been won by the Chapter. J. Z. Miller is
manager of the baseball team, and president of the Senior class of the
University. J. F. Murphy was leader of the debate team against
Boston University.

On Thursday, May 28th at the time of the initiation of the Hon.
George B. Cortelyou and the Hon. J. W. Daniels, a banquet was
held at the Raleigh Hotel, the toasts at which were as follows :

'Tonight" Hon. George B. Cortelyou

"The Lawyer in Active Practice" Hon. Charles A. Douglass

"The Ethics of Our Profession" Hon. Harry M. Clabaugh

"Fraternity" J. Nota McGill

36 DELTA CHI QUARTERLY

"The Law School" Daniel W. Baker, Honorary Orator

"The Law" R. Ross Perry, Jr.

"Georgetown University" Stuart McNamara

"Our Chapter" William W. Bride

"Looking Backward" .Albert E. Berry

"The Outlook" Fairfax S. McCandlish

Brother John F. Murphy, 'A," was toastmaster and made a
g^eat success.

The commencement exercises were held by the Law Department
on the Campus, Monday evening, June 6th. W. R. P. Maloney won
the American Law Book prize for the best thesis in the Post Gradu-
ate Class and E. H. Flueck came second. The Arts' Department
held its exercises May 9th, and J. V. Mrller, IIL, won the Merrick
Medal for debating.

The following members of the Chapter received the degrees
of Master of Laws on June 6th : Albert E. Berry, C. W. Arth, Ed-
ward H. Flueck, Carroll B. Rix, Antonio M. Opisso, Frank E. Wil-
liamson and W. R. P. Maloney.

The following received the degree of Bachelor of Laws: C.
M. Berry, W. W. Bride, J. T. Dyer, R. P. Whiteley, Asa C. Gracie,
Harry F. Pierce, J. Z. Miller, IIL J. V. H Beary received the
degree of B.A.

Twelve men will return in the fall.

PENNSYLVANIA.

The Baby Chapter has initiated two men since the Chapter was
installed. A smoker was held on June 13th, and an enjoyable time
was spent. The Chapter is looking for a house for next year.

The Chapter officers are : E. H. Ripple, "B" ; John M. Hutch-
inson, "C" ; H. C. Connor, "D" ; C. Robertson, "E."

fW^I^0'^

t*^'^ ^fi*s^

f^l:^^

DELTA CHI QUARTERLY Z7

NEWS OF THE ALUMNI

CORNELL.

'91. The friends of Mctcalf B. Hatch will be interested to
learn that he took upon himself the obligation of a benedict last
April.

'92. George A. Nail has acquired sufficient of this worid's
goods to enable him to retire from the practice of law in New York
City and live tlie life of a "gentleman farmer'' in Sullivan County,

N. Y.

'92. Frederick Diamond Colson is the coach of the Harvard
crews.

'94. Donald Stuart Moore recently wrote an interesting letter
to Richard Abram Brown, '94. Brother Brown is practicing law at
47 Main Street, Lockport, N. Y. He is married. He met Harry
L. Harrington. '94, of Adams, Mass., in Buffalo recently. Brother
Harrington for ten years has bern a member of the firm of Shaw &
Harrington. He is interested in the Berkshire Hills Paper Co.
With Ward J. Wilbur, '94, he is engaged with an imix)rtant will
case, which frequently requires his attendance in Buffalo. Brother
Brown lives at 474 12th Street, Brooklyn. He was married last
summer. He is a solicitor for the New York Life Insurance Co.

'97. Parley P. Christensen has served one term as County At-
torney of Salt Lake County, Utah, and for two years past has been
practicing law with offices in the Commercial Building in Salt Lake
City. Parley is a candidate for the Republican nomination for
County Attorney of Salt Lake County this fall and the probability is
that he will be nominated and elected to his old office.

'97, *oo. C. S. Price and W. M. McCrea are engaged in the
practice of law in Salt Lake City, Utah, with offices in rooms 51
and 52, Hooper Building.

Ex-'97. A. B. Sawyer has formed a partnership with J. H.
Ryckman for the general practice of law, with offices in the Progress
Building, Saflt Lake City, Utah.

'98. Ernest Gustav Lorenzen has been appointed professor of
law in the Columbian University at Washington, D. C, where he
will teach the subjects of Corporations in the School of Law, and
Continental Law in the School of Diplomacy and Jurisprudence,
treating the Jurisprudence of Germany, France, Spain and Italy.
He is located for the summer at the Northwestern University, Evans-
ton, 111.

'99. James P. Magenis is a promoter of the new $3,000,000

38 DELTA CHI QUARTERLY

Harbor Tunnel just completed in Boston, Mass. It is the first
tunnel in the world, to be used by railways, constructed entirely of
concrete. It runs for 4,000 feet under the harbor.

'00. Joseph A. Corr and Fraser Brown are examiners with
large title companies in New York city. Brother Corr abandoned
a lucrative general practice in Troy, N. Y., to accept a good offer
made by the Title Guarantee and Trust Co. in Brooklyn, and Brother
Brown, a specialist in Westchester County titles, has moved his
office from White Plains, N. Y., and is now located with the Law-
yers' Tide Co. in the borough of Manhattan, New York City.

'01. R. W. I>ole is the senior member of the firm of Dole and
Willey, whose law offices are located at 407 and 408 Auerbach
Building, Salt Lake City, Utah.

'02. Edward D. Toohill has a position on the reportorial staff
of the Ithaca (N. Y.) Daily News.

'02. Bischoff and Wyvell is the name of a new law firm com-
posed of Ernest W. Bischoff and Manton M. Wyvell. Their offices
are at 350 Broadway, New York City.

NEW YORK UNIVERSITY.

'93. M. J. Horan is conductng a successful practice at 271
Broadway, N. Y.

'97. Alexander A. Forman, on June 16, 1904, married Helen
Elizabeth Stevens at Scranton. Pa.

'00. Edwin M. LaRoche is proprietor of the LaRoche Manu-
facturing Co.

'02. Alexander R. Wilson is specializing in Surrogate's prac-
tice. His office is at 71 Wall Street, New York City.

'02. Otis S. Carroll is connected with the firm of Carter, Led-
yard & Milburn, 54 Wall Street. New York City.

*02. Wilbur Curtis Goodale besides being a member of the firm
of Goodale, Files & Reese, is also somewhat of a financier. He is
now secretary and a director of the Madison Square Mortgage Co.
and is busily engaged in trying to corner the market in New York
city real estate. He has also promoted himself to the happy state of
matrimony.

'02. William FarreH Doughty has not followed the law, but
has attained distinction as an engineer. He is consulting engineer
of the Boston and New York Dye works and was connected as an
expert in the recent Consolidated Gas Co. matter. He has also
entered the ranks of benedicts, having gone to the tar distant town
of St. James, Minnesota for Mrs. Doughty.

'02. Joseph Herr was married two years ago. A little *'Herr"
has been engaging the attention of Joe for some time.

DELTA CHI QUARTERLY 39

MICHIGAN.

'96. E. S. Ferry is a member of the firm of Richards & Ferry,
which firm enjoys a large practice and has offices in the McCormick
Building in SaJt Lake City, Utah.

'98. George H. Smith is assistant to P. L. Williams, general
attorney for the Oregon Short Line RaHway Company, with offices
in the Deseret News Building in Salt Lake City, Utah. He has con-
fined himself almost exclusively to the legal work of that road.

'03. David M. Haigh has opened a law office in Murray, Utah,
a smeJter town a few miles south of Salt Lake City. He has incor-
porated the town, made himself Corporation Counsel, and is doing
very well.

DICKINSON.

'94. Banks Kurtz was recently elected district attorney for
Blair county, Pa. His offices are located in Altoona, Pa.

'95. C. S. Brinton was recently appointed post master at
Court examinations in Pennsylvania and is now located in the
Stephen Girard Building, Philadelphia, Pa.

'98. G. S. Brown has transferred his practice from Freeland,

Ex-'oo. J. P. Rueffer is engaged in mercantile business in
Wilkes-Barre, Pa.

'01. J. D. Creary is located in Seattle, Washington.

'01. A. W. Mitchell was recently married. He is practicing
in Parkersburg, W. Va., and is attorney for the Standard Oil Com-
pany in that district.

'02. S. E. Hindeman has opened offices in the Frick Build-
ing, Pittsburg, Pa.
Luzenre County, to Philadelphia.

03- J- J- Knappenberger has been admitted to Westmoreland
County bar and is located in Greensburg, Pa.

'03. Paul A. A. Cove, is cashier for the Internal Revenue De-
partment for the Pittsburg district.

'03. E. L. Dinly is practicing with his father, the Hon. A. V.
Dinly, in Altoona, Pa.
Carlisle, Pa.

'03. A. S. Longbottom has successfully passed the Supreme

'03. George E. Lloyd is practicing with his father, Hon. Will-
iam Pcnn Lloyd, Mechanicsburg, Pa.

'03. Adams Blake Vera was married June ist to Miss Turner
of Warren, Pa. He is located in the Flatiron Building, New York
City.

J. W. WetzeJ, honorary member, is the Democratic candi-
date for judge of Cumberland County. At the primaries he re-
ceived a very handsome majority.

40 DELTA CHI QUARTERLY

'95. J. Harry Bertern was married May ist to Miss Smith of
Chicago. He is engaged in business in Omaha, Neb.

'97. Harry F. Kantner is practicing law at 43 North 6th
Street, Reading, Pa. He attended the installation of the Univer-
sity of Pennsylvania Chapter and took part in the ceremonies.

'01. R. J. Boyer is practicing in Seattle, Washington. He has
formed a partnership with J. D. McCreary, '01.

NORTHWESTERN.

'97. Christopher B. Diehl has served a very successful term
as judge of the criminal division of the City Court of Salt Lake
City, and will be a candidate for re-election to the same office this
fall. Chris, is married and is the father of a little girl.

BUFFALO.

'97. Charles Diebold, Jr., has recently entered the law firm with
which he has been associated for several years. The firm now reads,
Fisher, Coatsworth, Diebold & Krafts.

'97. Frederick W^ende has left Buffalo and will give up the
practice of the law to enter business in Denver, Col.

'97. J. Allen Keeney is associated with Joseph Dudley in his
profession in the new Fidelity Trust Building, Buffalo, N. Y.

'00. Harry B. Lanison has recently Income associated with
the well known firm of Bissell, Carey & Cooke, Buffalo, N. Y.

'00. Percy R. Morgan has been spending a vacation of several
weeks in the West. He expected to reach the Coast.

01. T. Ed. Redmond has left Jackson, Mich., to accept a
splendid position with a large cement firm in Kansas City, Mo.

*02. Frederick W. Spring who is with Moot, Sprague, Brow-
nell & Marcy, Buffalo, will spend the last three weeks of July in
Boulder, Col.

'02. Alfred Hurrell has returned from Altoona, Pa., to re-
sume the practice of law in Buffaio, N. Y. He and Clinton T.
Horton, Cornell '99, have formed a partnership under the name of
Horton & Hurrell.

^04. Frances E. Bagot and Irving S. Wood are now numbered
among the Chapter's alumni, having passed the Bar examination in
June last.

Adelbert Moot, honorary, has been made a member of the New
York Statutory Revision Committee.

James L. Quackenbush, honorary, formerly of the firm of Love
& Quackenbush, Buffalo, N. Y., has been made general counsel for
the Metropolitan Street Railway Company, New York City, at an
annual salary of $25,000.

DELTA CHI QUARTERLY 41

UNION.

'92. P. K. Dederick, Jr., is a member of the firm oi P. K.
Dederick & Sons, an old firm of iron founders of national repute,
engaged in business in Albany, N. Y.

93. W. E. Wertime, of the firm of Fitts & Wertime, is an
associate of the Surrogate of Albany County, engaged in practice
in Cohoes, N. Y.

03. L. W. Morrison is at present connected with the Superior
Court of Connecticut. He suffered a sad loss in the death of his
father which occurred last fall.

'03. G. W. Sales has given up the law, become a benedict, and
is at present engaged in managing farms near Rome, N. Y.

'04. H. B. Thomas was married on the 7th of June to Miss
A. P.uedegan at Rochester, N. Y. After an extensive wedding tour
he will enter the office of his father, G. W. Thomas, attorney of the
Rochester Savings & Loan Association.

GEORGETOWN.

'03. Charles W. Arth has accepted the position of private sec-
retary to Congressman Hough, of Pennsylvania, and will spend the
summer in the coal mine district of that State.

'04. Chevers Moran Barry is sole executor of a very 'large
estate in Virginia and will shortly locate in Norfolk.

William W. Bride will enter the Law Department of the Uni-
versity of Nebraska in the fall. He expects to hang out his shingle
in Omaha.

Asa Creed Gracie will practice in Little Rock, Arkansas.
Brother Gracie is largely interested in cotton plantations in his
native state of Arkansas.

*03. Antonio M. Opisso recently visited New York City and
came back to Washington charmed with his reception by his brothers
in Delta Chi at the metropolis. He leaves on July ist for his home
in Manila, Philippine Islands where he will enter one of the largest
firms in the practice of law. Brother Opisso studied law for two
years in Manila before entering Georgetown three years ago.
Prior to that he was a lieutenant in the Spanish army.

'04. Harry F. Pierce is assistant solicitor of the Southern
Railway with offices in Washington, D. C.

Leon A. Clarke is located at 971 Broadway, Oakland,
California. Brother Clarke is associated with Congressman Met-
calfe. Leon was an active "Delt" in every sense and he has our
besft wishes

'04. J. Van Hal Beary, Arts, and Joseph Zachary Miller,
Arts, will enter Yale Law School for special work in the fall.
Brother Miller carried off the Merrick medal for debating in the

42 DELTA CHI QUARTERLY.

University. It is considered the most desirable prize in the Depart-
ment of Arts and Sciences. His feat was duplicated by Brother
Malony, in the Law Departmnt, who carried off the American Law
Book Prize with Brother Flueck second.

CHICAGO ALUMNI CHAPTER

At the May meeting of the Chapter held at the Hamilton Qub
the following officers were elected for the ensuing year: Edward B.
Witwer, president, 153 LaSalle Street, Chicago; Arthur C. Snow,
vice-president, i Park Row, Chicago ; Andrew M. Strong, secretary,
145 LaSalle Street, Qiicago; Harry Hyde Barnum, treasurer, 1142
First National Bank Building, Chicago.

The president was authorized to appoint a committee to obtain
subscriptions to aid the University of Chicago Chapter in furnishing
and opening a house on the Campus next faU. This fund is to be
raised by the Alumni Chapter and used by the University of Chicago
Chapter upon consideration and terms to be determined later by the
Alumni Chapter which will undoubtedly assume the form of a lease
or a loan. Over $350 has been subscribed. It is probable that the
Alumni Chapter will be incorporated under the laws of Hlinois be-
fore many months pass.

The officers and entertainment committee are considering the
holding of a mid-summer meeting. The Alumni Chapter is prov-
ing of practical benefit. Some of its meinbers have entered into part-
nerships with other menrbers and in many cases call their brother
Delta Chi*s into cases to aid them. The older members show the
younger ones how to pull the ropes in matters of practice. A few
personal notes of Alumni in and about Chicago may be of interest :

Marvin E. Barnhart had the misfortune to break his collar bone
in an automobile accident late this spring but is now almost entirely
recovered.

Harry L. Bird has resigned his position as city paymaster of
Chicago to enter into a partnership with Graham Harris, attorney for
the Board of Education. The firm name is Harris, Bird & Wilson,
and their offices are in the New First National Bank Building,
Chicago.

Brothers William J. Kirk, Chicago '01, and Henry R. Christo-
phers, Chicago '00, have formed a partnership for general practice
with William E. Cloyes, with offices at 52-3 Metropolitan Block,
Chicago.

Brother A. C. Snow, Chicago '01, is in the office of the General
Counsel of the Illinois Central Railway Company.

DELTA CHI QUARTERLY. 43

The engagement of Brother Russel Wiles, Northwestern '04,
and a member of the "XX,*' to Miss Ethel Foster of Chicago, is
announced.

Brother B. F. Lichtenberger, Michigan, has formed a law part-
nership with Horace W. Nichols and Daniel Morgan Smith at
507-153 LaSaHe Street.

Brother M. D. Ewell, honorary vice-president, attended the
last meeting of the Alumni Oiapter and is as enthusiastic a Delta
Chi as any undergraduate.

Brother Harry C. Hazel, c^hicago '03, has severed his relation
with the L C. Ry. Co. in order to practice law at 54-112 Qark
Street, Chicago.

Brother Andrew R. Sexron is with the Aetna Indemnity and
Bonding Company in the National Life Building, Chicago.

The wedding of Brother Harold Ferris White, Chicago '00, to
Miss Catherine Eddy Qeaver, of Qiicago, took place Tuesday even-
ing, June 21 St, at the University Congregational Church. Brother
E. H. Barron, Chicago '00, was one of the ushers and Mr. Frank
White best man. A number of members of the Chicago Alumni
Chapter united in sending the couple a wedding present.

44 DELTA CHI QUARTERLY

IRRELEVANT AND IMMATERIAL

Harold F. White, former editor of The Quarterly, gave as the
reason for his resignation from the position over a year ago, that he
would have increasing duties during the months to come, and con-
sequently, no time to give to the work. The real secret is out. He
was married on June 21st. Congratulations and best wishes, Har-
old.

Come early and get your card in the attorney's directory for
next year. It means business to you sooner or later. Some day a
brother Delta Chi, will be searching for a correspondent in your
town or city, and if he doesn't find ymir name, don't blame him.

Clear up your hazy understanding of the Northern Securities
Case by reading Dean Huffcut's artide in this number. At the
same time, satisfy yourself that the law of insurance is a proper sub-
ject for Federal supervision. Professor Maxey, a brother Delta Chi,
says it is so, and how can we doubt him. The Quarterly must soon
be recognized as an authority beyond question, if it continues to
draw contributions of this character.

(Examination of a juror in Utah). Q. *'Mr. Broschinsky, you
are of German extraction, are you not ?"

A. "I come from Germany of mine own free vill. I vas not
extracted."

Q. "Are you a man of family?"

A. **I have von vife."

"I move to strike that out," exclaimed the opposing attorney on
cross-examination.

Witness. "All right. Strike it out."

Have you noticed that Delta Chi brothers in St. Louis are care-
ful not to give their addresses this season? Hal McClain, Cornell
'02, once had his abode there, but he has not been sighted since he
passed through Ogden, Utah, last Ai)ril playing "the heavies" in
the "Punkin Husker Co." It was his intention not to return to his
native "burgh" until after the Fair is closed. And we don't blame
you, "Mac."

DELTA CHI QUARTERLY 45

On a recent examination in the criminal law in New York the
following question appeared on the paper : "What is the corpus de-
lecti r

And a freshman, who had just finished his physiology the pre-
vious year, wrote : "It is composed of the red cells in the blood."

Brother Wyvell, business manager of The Quarterly, will now
be searching for business in two capacities. He is out for himself
in the Metropolis and a member of the firm of Bischoff & Wyvell.
For the first six weeks, service of papers at usual prices.

The Exchange Editor has furnished a bit of crisp gossip for his
initial contribution. By reading about others we learn to know our-
selves.

A Delta Chi directory, in booklet form, will soon be mailed to
every member of the Fraternity. Any errors in names or addresses
should be called to the attention of the publishers. This list is to be
used as a basis for the Delta Chi Catalogue which is to be published
later and every effort should be made to have it absolutely correct.

Counsel (who had made a similar request several times during
the progress of the triad) "I ask the Court to take judicial notice of
that."

The Court. "Mr. Jones, I now take judicial notice that you're

an ass."

When the next issue of The Quarterly is published, it should
contain an announcement of the date and place of the next con-
vention. The "XX" please take notice.

With this issue The Quarterly fulfills its guarantee, made in the
first number of the year, namelv, that three additional numbers
would foWow. Its readers will hardly require such an assurance next
year. The publication is now bound to live and grow with the
Fraternity.

A Buffalo Delta Chi, who was recently leaving for a Western
town to settle among strangers, writes that by consulting the Delta
Chi Catalogue, he was able to locate eight members of the Fraternity
in and about the city to which he went. If an up-to-date catalogue
had been available, he would have been able, no doubt, to find as
many more friends. Let's hurry it along.

46 DELTA CHI QUARTERLY

BOOK REVIEWS

CuiTtming & Gilbert's Annotated New York Tax Laws, Fourth Edi-
tion, is an octavo volume of about 500 pages, bound in law canvas.
Price, $4.00 net. Edited by Robert T. Gumming and Frank B.
Gilbert. Baker, Voorhis & Co., Law Publishers, 66 Nassau St.,
New York.

This compilation contains all the Laws of the State relating to
the Assessment and Collection of Taxes, including the new Tax
Laws of 1896, as amended to date, the provisions of the United
States and State Constitution, relating to taxation, the provisions of
independent statutes relating to taxation, and the Special Laws re-
laing to Taxation in the City of New York.

The whole work is thoroughly annotated, there being at the
end of each section a note of the revisors as contained in their re-
port, a note by the editor giving an explanation of the changes and
the reason therefor, and full citation to all authorities bearing upon
the subject. Following the law is a table, indicating in a general way,
the disposition in the revision of the several laws repealed thereby.

The notes and tables will be of assistance in enabling the pro-
fession to determine what is intended to be superseded by each new
section, the application of the decisions made under the old acts, so
far as they assist in the construction of the new sections, and gen-
erally will save a vast amount of labor and investigation.

Many new decisions have been added.

SHODRDS, ADCOCK & TEDFEL

Jewelers and Silversmiths

Diamonds^ Watches and Sterling Silver

MANUFACTURERS OF

Delta Chi, Beta Zeta Phi, and other

Fraternity Pins

66 State State Cor. Randolph St.

CHICAGO
Telephone Central 3745. Automatic 7745.

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY

When necessary to employ counsel in another city, why not correspond

with a member of Delta Chi.

ARKANSAS

Van Bureu, Ark.

HENRY L. FITZHUGH

CALIFORNIA

Los Angeles, Cal.
GEORGE L. KEEPER

412 Currier Building

CANADA

Toronto

McMURRICK, HODGINS & McMURRICK

Barristers, Solicitors, Notaries, Etc.

103 Bay St.,

Toronto, Canada

W. B. M MURRICK, K. C. F. F. HODGINS, K. C.

J. D. MCMURRICK

All business forwarded to the firm will have

careful attention.

CANADA

COLORADO

Oakville, Ontario

W. ALEC CHISHOLM
Colborne Street

Trinidad, Col

EARL COOLEY
723 Pine St.

4«

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Contiiuied.

Colorado Springs, Col.

R. H. WIDDECOMBE

Chicago, III.

ROBERT CATHERWOOD

Patent, Trade Mark, Copyright Law
1543 Monadnock Block

Telephone Harrison 1281

DISTRICT COLUMBIA

Chicago, III.

MARSHALL D. EWRT.L, M.D.

Suite 618-619, 59 Clarke St.
Examiner of

Disputed Hand-writing, Ink, etc.

Washington, D. C.

J. NOTA McGILL

Patent, Trade- Mark and CopjrriKht Law

McGill Building

New York Office, 15 William Street
Telephone Main 70

ILLINOIS

Chicago, III.

JOHN E. AMOS, Jr.

901 Journal Building

DANIEL W. FISHET.L
1019 Ashland Block

Telephone Central 1547

Long Distance Tel. Main 4401

Chicago, III.
GEORGE L HAIGHT

134 Clark Street

Chicago, III,

HARRY H. BARNUM

1139 First National Bank Building

Attorney at Law

Long Distance Tel., Main 3438

Chicago, III.
WALTER S. JOHNSON

Room 44, 92 LaSalle Street
Telephone 919 Main

Chicago, III,

EDWARD H. BARRON

132 Michigan Avenue

Telephone Central 2425

Chicago, III,

H. BITNER

Patent Law

740 Monadnock Block

RUUBLL WiLBS ChAI. O. ShBTVIY

Telephone Harrison 1394

Chicago, III.
WILLIAM J. KIRK

13 Eldridge Court

Telephone Harrison 654

DELTA CHI QUARTERLY

ATTORNEYS'

Chicago, III,

A. A. McKINLEY

79 Dearborn Street

(O'BUSM ft McKlMLBT)

Chicago, III.

HAYES McKINNEY
1610 Title and Trust Builddn^r

100 Washington Street

Chicago, III.

THEO. C. ROBINSON

Attorney-at-Law
822 New York Life Bids:.
Telephones — Cenfaral 938

Automatic 2054

Chicago, III.

MALCOLM B. STERRETT
National Life Building
Telephone Central 5003

Chicago, III.

EMIL C. WETTEN
184 LaSalle Street

Chicago, III.

HAROLD F. WHITE

904-10 The Temple, 184 La SaUe St.

Long Distan<:e Telephone

Blaio 3815

Chicago, III.
EDWARD B. WITWER

Room 407, 153 LaSalk Street

Telephone Central 3396

East St. Louis, III.
FLANNIGAN & SEITER

R. H. Flanmxgan O. R. Sbitsi

Jackiesch Building
Phone. Bell East 345 M.

Freeport, III.

DOUGLASS PATTISON

Henrvy 111.
FRED W. POTTER

Attorney at Law

INDIANA

Goshen, Ind.
S. E. HUBBELL

INDIAN TERRITORY

Tusla, I. T.

JOHN A. HAVER

Care of Randolph & Haver

H. W. Rawdoub. Johm A. Havss

J>ELTA CHI QUARTERLY.

ATTORNEYS' DIRECTORY^Coatinued.

KANSAS

Pittsburg, Kan.

JOSEPH LUTHER TAYLOR

Attorney at Law

MASSACHUSETTS

Boston, Mass. •

JAMES P. MAGENIS

Rooms 62 and 65, 5 Tremont Street
Telephone Haymarket 868

MEXICO

Durango, Mexico
Estato de Durango

MANLY D. DAVIS

Apartado 79

Consult me with regard to Mining
Concessions

MICHIGAN

Detroit, Mich.

CARLETON G. FERRIS

406 Hammond Building

Telep-hone 2358
Of Hatch ft Fsius

Grand Rapids, Mich.
HOWARD A. THORNTON

Mich. Trust Building

Jackson^ Micb,
ROBERT CAMPBELL

•'Michigan Law 93»*
Carter Building

MINNESOTA

Crookston, Minn.
CHARLES LORING

Opera Block

Firm name — Stivbnsgn ft Loumo
Halvoi Stkvbmson, M. C. Chaklis Lokxmq

Minneapolis, Minn.
W. R. BROWN

510 New York Life

Minneapolis, Minn,
GEO. W. BUFFINGTON

320 Temple Court

Minneapolis, Minn.
F. E. COVELL

840 Lumber Exchange

Minneapolis, Minn.

H. E. FRYBERGER
904 New York Life

DELTA CHI QUARTERLY

ATTORNEYS' DIRECTORY— Continued.

Minneapolis, Minn.

GEORGE R. SMITH

6io Boston Block

Buffalo, N. Y.
FRANK H. CLEMENT

45-6 Ellicott Square

MONTANA

Auburn, N. Y.
LOUIS E. ALLEN

131 Genesee Street

Butte, Mont.

F. W. BACORN

NEW JERSEY

Auburn, N. Y,

Montclair, N. J.

JOHN A. HINES

DUDLEY K. WILCOX

109-110 Metcalf Building

483 Bloomfield Avenue

Binghamton, N. Y,
ALBERT S. BARNES

23 and 24 McNaimara Building

Newark, N, /.

JOSEPH KAHRS

164 Market Street

NEW YORK

Brooklyn, N. Y.

Albany, N. Y.

DANIEL T. CASEY
119 State Street

JOHN J. KUHN

189 Montague Street
(Cornell »98)

Of Caibt & QUIMN

Buffalo, N. Y.
CLINTON K. DeGROAT

General Practice

118 Erie County Bank Building

luue oommisiions to Clinton K. DeGroat
Notary Public, with Seal

Albany, N. Y.

JAMES NOLAN
13 N. Pearl St.

DELTA CHI QUARTERLY.

ATTORNEYS' DIRECTORY— Coatintied.

Buffalo, N. Y.

CHARLES A. ORR

Buffalo Savings Ban-k Burkling

Buffalo, N. Y.

JAMES O'MALLEY

) and 4 Erie County Bank Building

Of O^Mallbt, Smith & O'Mallbt

Buffalo, N. Y.

EDWARD M. SHELDON

614 Mutual Life Building

Mercantile Litigation

Dunkirk, N. Y.

KILBURN & SIMONS

315 Lion Street
Ln a. KiLBum A. B. Simons

Fredonia, N. Y,

CLINTON O. TARBOX

Ithaca, N. Y.
MONROE M. SWEETLAND

147 East State St.

New Brighton, S. I.

LAWRENCE W. WIDDICOMB

Nezv York City
BISCHOFF & WYVELL

350 Broadway,

Hknbst w. Bischoff Mantoic m. w well

(Cornell) (Cornell)

Telephone 1831 Franklin

New York City
FRASER BROWN

37 Liberty Street
Room 51

New York City
CASE & NEWKIRK

L. Baiton Cass L. IIasbrouck Nbwkiik

German-American Bldg

Telephone 7965 Cortlandt

Nciv York City
J. EDWARD DOWNING

100 Broadway

DELTA CHI QUARTERLY.

ATTORNEYS' DIRECTORY-Continiied.

New York City

GCX)DALE, FILES & REESE

71 WaM Street

WiLBUS C GOODALB GlOtGB W. FiLBS

Richmond J. Rbbsb

New York City

W. T. GRroLEY

271 Broadway

New York City

CHAS. H. MOORE

11-19 Williams Street

New York City

CHARLES F. MURPHY

220 Broadway

New York City

HENRY C BROOKS

76 William Street, Cor. Liberty St.
Telephone 4178 John

New York City

WILFRED N. O'NEIL

No. 115 Broadway
Telephone 4328 Cortlandt

New York City
STERLING ST. JOHN

229 Broadway

Nyack, N, F.,
Rockland County

J. ELMER CHRISTIE

Rochester, N. Y.
D. CURTIS GANO

St. Jobnsville, N. Y.
GEORGE C. BUTLER

Saratoga Springs, N. Y,
M. E. McTYGUE
14 Town Hall

206 Broadway, New York
Stapleton, Staten Island

L. w. widdecomb:

DELTA OHI QUARTERLY

ATTORNEYS* DIRECTORY-Contmiied.

Syracuse, N. Y.

THOMAS W. DIXON

Tiffin. Ohio.

714 Onondaga

County Bank Buildinflr

CLYDE C. PORTER

Syracuse, N. Y.

PENNSYLVANIA

HARRY H. STONE

402 Kirk ButkliRg

Altoona, Pa,

Troy, N. Y.

J. BANKS KURTZ

5 and 6 Schenk Building

HARRY E CLINTON

Altoona, Pa.

Trutnansburg, N. Y.

ROBERT A. HENDERSON

Schcnk Block

CLINTON PAGE

Watertown, N. Y.

Bellefonte, Pa.

BRUCE N. MARTIN

6 Flower Building

W. HARRISON WALKER

OHIO

Akron, Ohio.

Greenville, Pa.

CHAS. H. STAHL,
Ceivtrtl Office Building

GUY THORNE

Cor. Main and MiU StreeU

Greenville National Bank Btlillding

DELTA CHI QUARTERLY

ATTORNEYS' DIRBCTORY-Contimied.

Mt. Carmel, Pa.

A. F. JOHN
6 and 7 Guaranty Trust Building

Pittsburg, Pa.
WILLIAM LE GOULLON

422 6ak«well Building
Long Distance Td^phone^ —

C. D. & P. 322 Court,
P. & A. 93 Main

New Cumberland, Pa.

A. J. FEIGHT

Third and Karket Squar«

Reading, Pa.
HARRY F. KANTNER
43 N. Sixth Street
(Dickinson '97)

Reading-, Pa.
OLIVER LENTZ

534 Washington

Philadelphia, Pa.

ALBERT S. LONGBOTTOM

1218 Steven-Girard Bldfir.

Reading, Pa.

•

Philadelphia, Pa.

PAUL M. ROSENWEY

JOHNSON WILMER FISHER

29 North Sixth Street

1306 Land Title Building

SOUTH DAKOTA

Pittsburg, Pa.

NEIL ANDREWS
1228 Fnkk 6ilil4ing

Sioux Falls, S. D.
Sioux Falls Savings Bank

ROGER L. DENNIS
Assistant Cashier

DELTA CHI QUARTERLY

ATTORNEYS* DIRBCTORY-Cootiimed.

UTAH

WEST VIRGINIA

Salt Lake City, Utah

ROLLIN W. DOLE
407-408 Aucrbach Building

Charkston, W. Va.
LEO LOEB,

33 Citizens National Bank

Salt Lake City, Utah
WILLIAM M. McCREA

32 East Fifst South Street

Salt Lake City, Utah
PARLEY P. CHRISTENSEN

(Comity Attorney)

Salt Lake City, Utah

C S. PRICE
15 and 52 Hooper Builddng

WASHINGTON

Pullman, Wash,

P. W. KIMBALL

Tacoma, Wash,

ARTHUR R. WARREN

501-502 Fidelity Bldg

Telephone BJack 1503

Fairtnount, W. Va.
ALLISON S. FLEMING

Peoples^ Bank Burlding

Glenville, West Va.
ZINN & YOUNG

Attomevfi-at-law

I«. D. ZiNN

Gut B . Young

Parkersburg, W. Va.
ROBERT H. MOON

44 Citizens Bank Building

WISCONSIN

MadisoDf Wis,
ALBERT R. DENU

State Bank Bldg.

Of BOBLL & DBND

Grand Rapids, Wis,
Wipperman & Hambrecht,
Wood Block

H. C. WiFPERMAif G. P. Hamieickt

DELTA GHI QUARTERLY 57

J. F. Newman ^'/L'j^/fZ-'Z

OFFICIAL FRATERNITY JEWELRY

DELTA CHI BADGES

Fraternity and College Badges,
Rings, Seals, Charms, Specialties

DESIGNS AND ESTIMATES

ELEVEN JOHN STREET:::NEW YORK

Law Briefs and Points

IV£ MAKE A SPECIALTY OF
THIS LINE OF WORK:::::GET
OUR PRICES::: WE SAVE YOU
DOLLARS WHERE WE MAKE
CENTS FOR OURSELVES

ITHACA DAILY NEWS
Job Departmcnt;;;;;:;;Ithaca5 New York

PRINTERS OF THE DELTA CHI QUARTERLY

58 DELTA CHI QUARTERLY

CAFE FRANCIS,

Nos. 63 and 66 West 36th St., NEW YORK

T*l«phoii« 2239 38th St.

FRENCH RESTAURANT.

TABLE D'HOTE and A'LA CARTE.

Unoxeollod Sorvloo and Music.

^(^npT/^rf SPECIAL arrangements will be made for the entertainment
l^yy ± l^^l^ ^^^^ comfort of members of the Delta Chi Fraternity.

FRANCIS A. SAVOUREUX,

Proprietor.

^SH^^^^B^

R. A. HEQQIE & BRO.

MANUFACTURERS OF

Delta Chi Pins and Keys

We Make a Specialty of

DELTA CHI KEYS

Ithaca, N. Y

DE,LTA CHI FRATERNITY

Invitations, and aii kinds Engraving:
Cards, ••«'••• and Printing

C. E,. BRINKWORTH,

331 Main Street. BUFFALO

DELTA CHI QUARTERLY 59

KING 6 EISILLE,,

JSm.

, ^1

DELTA CNI.

Buffalo, N. Y.

Manufacturers of

Glass Pins, Medals, Etc

Estimates and Designs ^"••"'■'••^ Wpiu.ti«n

No Order Too Small.

Ho Order Too Large.

C. NI. BELL PHOTO CO.,

Hlgln Grade Ph-Otograplner

Weishilnfirton, E>. C.
SPECIAL RATES TO COLLEGE STUDENTS.

THD L&GAL CLASSIC SDRIES

RBPRINTS OF THE 0U> MASTERS

(Iflvifle BriliM, Uttlon^ Tennes ml The limr of Mkes

Xiei us Mud joa iMrtUnlars.

JOHN BYRNE CO., I^ Boofadkrs and PuMkher,,

WASBXSrGTOVy D. 0.

DELTA CHI QUARTERLY.

CHICAGO-KENT COLLEGE OF LAW

CHICAGO COLLEGE OF LAW

(Organized 1SS8)

LAW DEPARTMANT LAKE FOREST UNIVERSITY

(1890—1901)

KENT COLLEGE OF LAW

(Orsanizcd 1S92)

ATHENAEUM BUILDING

CHICAGO.

DAY SESSIONS

are held daming the momins: and afternoon hours. The course of instructions is believed
to be as broad and thorough as that of the best law colleges in the country.

EVENING SESSIONS

are held each week-day evening, with ten hours session each week. The course affords
3roung men who are engased in law oflSces and elsewhere during the day, an opportunity to
pursue a regular course of studies under proper instruction.

The Degree of Bachelor of Laws will be confened upon those who complete the Three
Years Course to the satisfaction of the Faculty. College graduates who have a suflfieient
amount of credit in legal studies may be admitted to advanced standing in either course.
Summer course during the month of June and July. Por further information address the
Secretary—

ELMER E. BARRETT, LL- B»

1009 Title and Trust Building - - Chicago, Illinois.

The Quarterly Board earnestly requests that mention be made
of The Delta Chi Quarterly in corres-
ponding with Advertisers.

LAW
CASES

BRIEFS

LEGAL
BLANKS

THE

Kirk Printing Go.

71-73 WEST EAGLE 8T.

BUFFALO, N. Y.

■Bttt tmd Fronihr FhoueM • to48

Stationery

AND

GENERAL
PRINTING

DELTA CHI QUARTERLY 6i

€€f^T Tl>l>irT^'' LATE.ST
KyL^lMT Mr HtMJ WATCH FOBS

Genuine Baggage Checked with any name
of School and Class Year, 50c.

6. N. M5YER, 1231 Pa. Ave.. N. w.. WASHINGTON, D. G.

>^^^>^^^^^^

LAWYER'S COMMON PLACE AND BRIEF BOOK,

WITH AN ALPIABETICAL INDEX OF NEARLY

ONE THOUSAND TITLiBS AND SUBJECTS.

BY A MEMBER OP THE NF.W YORV CITY BAR.

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CONTENTS

PAGE

Delta Chi Chapter Roll 2

Fraternity Ofl&cers 3

Chapter Ofl&cers 4

Questions of Fact in Courts of Law and Equity 5

Liability of Officers of a Corporation for Infringement of a Patent... 11

The Russo-Japanese War and International Law 16

Delta Chi and Members of Other Fraternities 20

Editorials 22

Among the Greeks 27

Conditions of the Legal Profession as Reported by Delta Chi Men.... 32

Alumni News 36

Mid-Summer Meeting of Chicago Alumni Chapter 44

Irrelevant and Immaterial 46

Book Reviews 48

■^

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DELTA an CHAPTER ROLL

ACTIVE CHAPTERS

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ALUMNI CHAPTERS
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CHAPTER ^CS/^

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DELTA CHI QUARTERLY

VoL II OGTOBSB, 1904 No. 4

QUESTIONS OF FACT EST COURTS OF LAW

AND EQUITY

By AdeWert Moot
Of the BtiffAlo Bar and Univenity of Buffalo Faculty

Whether there is sufficient evidence to go to the jury, is a
question daily discussed in civil cases in our courts. It is of vital
importance in both State and Federal courts to tens of thousands
of clients and lawyers every year. Many thousands of cases are
decided upon this point each year without arguments or opinions
reaching the real foundations of the question. The difference be-
tween the power of a judge in an action at law, and the same judge
sitting in equity, is often unknown and unnoted. This difference,
and the foundation for it, is most important. The fotmdation for
it in jury cases in Federal Courts is the Constitution of the United
States. In State Courts the foundation is the state constitution and
the system of law practice recognized by it.

As to the Federal Courts, the United States Constitution pro-
vides : "In suits at common law where the thing in controversy shall
exceed in value twenty dollars, the right of trial by jury shall be
preserved; and no fact tried by a jury shall be otherwise re-ex-
amined in any court of the United States than according to the
rules of the common law." Amendments to U. S. Const., Art. VII.

In other words, our fathers were so afraid of the power given
our national judiciary by providing that — "The judicial power shall
extend to all cases in law and equity arising under this Constitution,
the laws of the United States and the treaties made," &c. (U. S.
Const., Art. Ill, Sec. 2), that they at once amended the Constitution
so that no judge could pass upon a question of fact in a common
law action if over twenty dollars were involved. They would not
trust a judge where more than twenty dollars were involved! It is a
little singular that the same judges were still left with unlimited
power in equity cases, since then, as now, the equity cases were the
ones usually involving large amounts of money or property, and
grave questions of law. But equity cases had always been tried by a
judge without a jury, in England and this country, unless the judge
should of his own motion, or upon motion of a party for some good
reason, award a feigned issue to be tried by a jury upon some im-
portant question of fact. And even in such cases of feigned issifes,

A %

6 DELTA CHI QUARTERLY

the verdict of the jury was not final, but was only advisory, to be
disregarded by the court for good reason ; and such is still our law
and practice in such cases in both state and national courts. Acker
vs. Leland, 109 N. Y., 5 ; Peregro vs. Dodge, 163 U. S. 160.

So if a man brings an action in equity for land, where it has
equitable features making this possible, instead of bringing an action
at law for ejectment, as in the last case cited, he will find he has thus
waived his right to have a jury pass upon the disputed question
of fact.

Great as is this power of the judge to thus pass upon the facts in
equity cases, and to even ignore the verdict of the jury upon them
for any good reason, its exercise has been so sound that it is very rare
indeed that a jury trial is suggested in an equity case, and still more
rare is the equity case in which a jury trial is awarded.

One would think that such confidence in judges sitting in
equity and trying questions of fact, a confidence now centuries old,
would have made our forefathers 'less jealous of the same judges, and
the same powers, in common law actions, but we have seen such was
not the fact.

Upon the contrary, by the constitutional amendment quoted
they bound their hands so that "no fact tried by a jury could be
otherwise re-examined by "any court," except according to "the rules
of the common law." This meant, of course, that the verdict of a
jury upon the facts bound the court in a common law action, unless
that jury was misled by some erroneous ruling upon evidence, some
improper procedure, some erroneous charge, and it became necessary
to set aside their verdict upon the facts, and award a new trial before
another jury to cure such error

So here we have deeply imbedded in our Constitution two differ-
ent theories of our courts, centuries old, utterly at war with each other,
the one that the judge alone can correctly decide the facts in an
equity case, and that the verdict of a jury is only advisory of his
conscience, the other that a jury alone can correctly decide the facts
in an action at law, and no court can disturb that verdict, unless some
judge has blundered in telling the jury what the law was upon the
trial) and thereby has made another jury trial necessary. Con-
trasting these hostile principles, any lawyer can see why we have
so many new trials upon the facts in jury cases, so few upon the
facts in equity cases. We can readily see why foreign jurists smile at
our worship of jury trials, and wonder at our jealousy of a judge in
such cases, when in a much more important equity case we at once
trust the same judge implicitly to pass correctly upon facts and
law alike.

It would take too much time and space to discuss all the states,
but as New York is so important, and so many follow her practice

DELTA CHI QUARTERLY 7

in the main, a little further consideration may be given to New
York law. There the Constitution long has and still does provide that
"trial by jury in all cases in which it has been heretofore used shall
remain in violate forever," unless it is "waived." (N. Y. Const., Art.
I, Sec. 2.) This means that in common law actions a jury trial is a
constitutional right ; but in equity actions no such right exists. And
so, in New York also, the same judge sits in equity with unlimited
power over the facts, where he has no power over them in a common
law action As the New York Constitution was revised by Mr. Root
and some of our greatest lawyers in 1894, it can be seen how jealous
people are still supposed to be of a judge's power in a jury case. In
some of the Western States it is well known that the judge is com-
pelled by statute to give colorless written instructions to the jury, or
their verdict in common law actions will not stand. In New York
in revising our Constitution in 1894, our great lawyers so far yielded
to this ignorant prejudice as to further provide:

"No unanimous decision of the Appellate Division of the Su*
preme Court that there is evidence supporting or tending to sustain
a finding of fact or a verdict not directed by the Cotut, shall be re-
viewed by the Court of Appeals." N. Y. Const., Art. VI., Sec. 9.

Of course this recognizes the right of the Appellate Division to
exercise the power previously exercised by the General Term to
review upon the facts and grant a new trial where the exceptions
were worthless but the result was not in accord with the weight of
the evidence or the justice of the case. The Court of Appeals, how-
ever, in common law actions tried by jury, had always held the Gen-
eral Term had this power (which has not passed to the Appellate
Division as the successor of the General Term), but had recognized
its own want of power to review on the facts in such cases.

Prior to 1851, the Court of Appeals had the power to review the
facts in equity cases, and it could, and sometimes did, exercise that
power. See statutes and cases cited in op. Denio, J., Dunham vs.
Watkins, 12 N. Y. 556.

Our most able and experienced lawyers now agree this power
to review the facts upon appeal in an equity case should never have
been taken from our Court of Appeals in an equity case, for the
obvious reason that no trial judge is infallible upon the facts, any
more than upon the law. Hence, the Court of Appeals should have
the power to correct error in the facts upon appeal, if error is fotmd
therein, since a review of the case usually requires a consideration of
the facts to see what questions of law are presented by the appeal.
Address Prest. Homblower N. Y. Bar Ass., 1902, Report pp. 50-60.

In Buffalo, in the spring of 1904, in an address to the Lawyers'
Qub (not reported), Hon. Alton B. Parker (then still Chief Justice
of our Court of Appeals) took the still broader position that in all

8 DELTA CHI QUARTERLY

cases of an appeal to the Court of Appeals, whether the cases are
equitable in nature or not, the Court of Appeals should be allowed
to examine the record to see if a non-suit should have been granted,
or a verdict directed instead of refused, or whether the evidence
warranted the verdict, or the judgment rendered, and this is also the
judgment of many of our most able and experienced lawyers. To be
sure such lawyers are still able to protect tiieir clients by exceptions
to evidence, to the charge made, and to refusals to charge as re-
quested, so as to raise the questions of law involved in jury cases,
conceding that such a question can no longer be reviewed upon ex-
ceptions to a refusal to non-suit, or direct a verdict, where the Ap-
pellate Division has unanimously affirmed. Op. Cullen, J., McGuire
vs. Tel. Co., 167 N. Y., 208, 211.

But younger and less experienced men, not informed as to
this needless legal labyrinth of technicalities that must be successfully
passed to raise the questicxis of law, are constantly compeSed to see
judgments affirmed upon the ground that a non-suit denied with ex-
ceptions presents no question of law. Szuchy vs. Coal Co., &€., 150
N. Y., 219.

This decision, construing the present Constitution and statutes
of New York, has always been regarded by lawyers as a close and
doubtful one, to say the least, and has often been questioned upon
appeal, not only by lawyers but by members of the very court which
was unanimous when it was rendered, but it has successfully with-
stood all attack. Findings of fact in equity actions (Marsden vs.
Dorothy, 160 N. Y., 39, 46), and verdicts of a jury in common law
actions, even where the Appellate Division is in enough doubt about
the decision that should have been made by it to certify the case to
the Court of Appeals are, nevertheless, beyond review in the Court of
Appeals. Reed vs. McCord, 160 N. Y., 330 We are to note, how-
ever, that had some Justice of the Appellate Division dissented from
the decision of that court, even in that jury case, the Court of Ap-
peals could have examined the facts, for where a non-suit is granted,
or a verdict is directed, or the Appellate Division is not shown to
have been unanimous, the Court of Appeals can examine the facts,
and reverse, if that should be done. Laidlaw vs. Sage, 158 N. Y.,

Let us assume the lawyer in New York has properly raised
his question of law by some exception duly taken on the trial of a
common law case before a jury, or by such an exception upon the
trial in an equity case, or by obtaining, if possible, a finding of fact
in a case tried before a referee or court, so that he will raise his
legal question, or that he has raised the question by an exception to
some conclusion of law, even if it is called a finding of fact, when
and to what extent can this defeated counsel require our Court of
Appeals to look into his evidence in his record, where the Appellate

DELTA CHI QUARTERLY 9

Division has granted a unanimous affirmance? In such a case, when
can he get a reversal, if the evidence fails to show some vital fact
necessary to support the judgment? Of course he must see to it, in
such a case, that his record contains all the evidence upon the ques-
tion to be reviewed, and so states. Having done that, the rule is that,
even in an equity case, if there are "no disputed questions of fact"
which are adversely settled by findings of fact, then a question of law
is raised by the appeal. Buffalo & L. L. Co. vs. B. L. & I. Co., 165
N. Y., 247, 253.

The questions of law presented upon appeal are :

I. — ^Are material rulings upon evidence erroneous?

2. — ^Are the conclusions of law supported by the facts found? or

3. — ^Whether in any view of the tmdisputed facts, the party who
succeeded was entitled to judgment. Nat. Harrow Co. vs. Bement,
163 N. Y., 505 ; Dannhauser vs. Wallenstein, 169 N. Y., 199.

Agreeable to the suggestion of Mr. Homblower, the Code has
been so amended as to simplify the New York practice somewhat,
upon trials before referees and courts, and now facts and law must
be separately found, and exception can be taken to the refusal to find
a fact as requested, thus making it easier to raise some of the law
questions involved. N. Y. Code C. P., Sees. 1022-1023-993. Such
an exception, however, does not authorize a review if the evidence
is conflicting.

But when all has been said for it that can be said, we must re-
mark in passing, that the New York practice, once so simple under
what was known as the Field Code, has now become the most com-
plicated and technical ever known to Anglo-Saxon lawyers any-
where, even at common law, and the small part of that practice
touched upon in this article abundantly shows the need of a thorough
revision and simplification of the present law governing practice,
from the Constitution down to the Code. Such a revision is now
under way.

One broad principle of evidence, however, has been developed
during the last half century, that helps out defeated justice in the
Federal Courts, and somewhat in the courts of New York, despite the
needless technicalities to which reference has been made. The early
jealousy of judges in common cases, led courts to hold that any dis-
pute about a fact raised a question of fact for the jury, upon which
their verdict was final, but later in England, and this country alike
in both State and Federal courts, the doctrine that a "scintilla of evi-
dence" disputing facts abundantly proved to the contrary, will make
a question of fact for the jury, is treated as an old, unreasonable,
and "exploded" doctrine. Op. Imp. Co. vs. Munson, 14 Wall., U. S.,
442, 448; Op. Ruger, Ch. J., and cases cited, Dwight vs. Ins. Co.,
103 N. Y., 341, 359.

10 DELTA CHI QUARTERLY

Even under our present bad practice in New York, in a common
law action tried before a jury (it was in a negligence case), where
the Appellate Division is divided and not unanimous, the Court of
Appeals holds, in the accurate and sententious language of O'Brien,
J. "At best there was but a scintilla, which in law is only another
way of saying there was no evidence." Op. Johnson vs. N. Y. C,
173 N. Y., 83.

A recent writer has shown this is the the universal rule in this
country. See Mr. Campbell's article, 59 Cent. Law J., 224, 225, and
cases cited.

Of course this last case might not be now decided as that case
was, because of the present Constitution, and yet upon reason it
should be so decided, for if there is no evidence making a substan-
tial dispute upon a material fact, there is no "question of fact" to be
decided, hence a jury has decided no such question and the consti-
tutional provisions do not apply. Such are the decisions of the Su-
preme Court of the United States, as I have shown, and the New
York Court of Appeals should decide this question the same way,.
although I have observed no decision in terms so holding.

It is obvious, however, that any substantial dispute in the evi-
dence, upon which reasonable, fair-minded men may differ, raises a
question of fact as to which the verdict of a jury, or the finding of
fact of the Court, is conclusive upon the courts of appeal. This rule
is general. The United States Supreme Court holds itself bound by
the facts found in the state court, and will not, in the absence of a
proper finding of fact, examine the evidence and reverse a state
court. Bement vs. Nat. Harrow Co., op. Peckham, J., 186 U. S.,
83, 87, 95.

These cases are suggestive as to the learning, care and
ability required in using evidence, in conducting important cases in
our courts.

Buffalo, N. Y., Sept, 27, 1904.

• ■

PROFESSOR J. NOTA McGILL
Of Georgetown University

DELTA CHI QUARTERLY ii

UABILinES OF OFFICERS OF A CORPORATION
• FOR INFRINGEMENT OF A PATENT

By J, Nota McGill

Of Washington. D. C.

When the conditions of government and the exigencies of
commerce demanded new and more suitable means for the conduct
of affairs, both municipal and financial, and the law sanctioned the
formation of bodies corporate, was it intended, in clothing such or-
ganizations with all the attributes of individual man, Siat those
forming or controlling them should escape all liability to which
they would be subjected if acting in their individual capacity?

Corporate influence dominates the world. There is not a single
field of industry in the furtherance of which corporate bodies are not
interested. The smallest hamlet has its corporation, while in the
manufacturing and industrial centers thousands of companies every
year are organized to engage in business. Small as well as gigantic
enterprises are conducted by such organizations.

When we speak of corporations it is impersonally; but, as to
each coporate body, it is, after all, only a relatively small number
of men who actually control its actions. Its welfare or its destiny
is in Ae hands of officers and directors. Their word is its law;
they command its every act, and, if they be unscrupulous, are they
to be allowed with personal impunity to override the rights of
others? Can they by acting in the name of the corporation escape
liability for their tortious acts? Did the law ever so intend?

Frequently if men can be made to realize that, even though
they are acting in the name of a corporation, they cannot escape
personal liability for wrongful acts, they are more prone to proceed
with due regard to the claims of others. Men will shun as individ-
uals that to which collectively they are indifferent. This is particu-
larly true in respect to patents.

Infringement involves an act ex delicto. Of that there can be
no question. The statute provides action on the case as the remedy
at law for infringement, and it is the settled rule that in such ac-
tions the plaintiff, while not compelled to do so, may sue all per-
sons jointly liable. Does an officer escape liability because all the
actions of which he has been guilty have been done by him in his
representative capacity, in behalf of a corporation?

Boone lays it down as a fundamental rule of corporate law that
although a corporation is liable "for the illegal doings and defaults"
of its officers, an injured party is not deprived of his right to pro-
ceed personally against the officers who committed the injury.

A public officer is not liable on a contract, although under his
own hand and seal, made by him in the line of his duty, by legal

12 DELTA CHI QUARTERLY

authority, and on account of the Government, and enuring to its
benefit and not to his own. But he is personally liable to an action
of tort by a person whose private rights of property he has wrong-
fully invaded or injured, even if acting under the authority of the
United States, and may be sued as for his own infringement for
a patent. State officers, acting under an unconstitutional statute of
a State, are liable to an action of trespass, and, where the remedy at
law is inadequate, may be restrained by injunction. Should any dif-
ferent rule apply to officers or directors of an infringing corpora-
tion ? An officer may not himself actually commit the infringement ;
his connection therewith may be only that of directing the affairs
of a corporate body, and even to this his attitude may be one of
mere indifference, or passive acquiescence. The rule is that, al-
though he does not actually and physically commit the tortious act,
he may be liable if he directs or commands its commission, or if he
sustains to the person commiting it the relation of master or prin*
cipal, even though he is acting in the name and on behalf of the
corporation.

When the corporation is a mere pretext — a shield against in-
dividual liability — there can be no question that, as was said by
the Supreme Court in another connection, "the law will strip a
corporation or individual of every disguise, and enforce a respon-
sibility according to the very right, in despite of their artifices."
Where it has been shown that an officer, sued as such, is the sole
owner of the corporate stock, or has previously been associated
with the complainant in the enjoyment of the patented right, or
even where the corporation is not joined as a defendant and the
officers are sued alone, especially under allegat'ons of an attempt on
their part to defeat recovery against the corporation of which they
are officers, or that the corporation was formed solely for the pur-
pose of manufacturing an infringing device, the courts have not
hesitated to hold such individuals liable.

In refusing to hold the officers and directors of a corporation
liable, it was once said that "it would be a great hardship if the
directors of a railway or manufacturing corporation were bound,
at their personal peril, to find out that every machine that the com-
pany uses is free of monopoly." It is difficult to comprehend why
any greater exemption should extend to men as directors of a body
corporate than they would enjoy as co-partners or as members of
an unincorporated association. Of course, where there is no direct
charge of infringement against the officers, and the prayer against
them is for an accounting only on behalf of the company, there is
no equitable ground for relief against them individually. The mere
fact that they are officers does not ipso facto make them liable. An
officer having no power over the actions of the corporation ' cannot
be said to have participated in the unlawful act.

DELTA CHI QUARTERLY 13

In one circuit it is, and long has been, the pratice to join the
president of a corporation as a defendant — that is to charge the
corporation and the officer, in general terms, with the infringe-
ment. This has been sanctioned by the courts on the ground that an
injunction is much more apt to secure obedience if directed to an
individual officer by name than if it only ran against officers and
agents of the corporation by that general designation. The moral
advantage of putting the officer addressed upon notice that he
must see to it that the process is obeyed, and that he will be held
personally responsible for disobedience, has outweighed any strict
rule of pleading or interpretation of the law of liability. And when,
in such cases, it is shown that the officer was guilty of intentional
and willful action, indicating an individual purpose to infringe, a
personal decree for damages or costs has issued against him ; other-
wise he is merely enjoined by name. Conceding the advantage of
this practice, and notwithstanding it carries the weight of judicial
sanction, it is difficult to see why the officer should be personally
made a defendant, unless the bill charges and the proof shows lia-
bility on his part for the acts of the corporation.

In patent matters we frequently encounter the professional or-
ganizer— the prolific inventor whose morals are blunted by his esti-
mation of the debt the world owes him. No sooner has a corpora-
tion or an individual gotten well under way in the manufacture
of an invention assigned by him than he seeks fresh capital for
the manufacture of a subsidary or subordinate invention, perchance,
as often occurs, when he is under agreement to assign all improve-
ments to the assignee of the original invention. There can be no
question of his liability along with the defendant corporation, wheth-
er he be an officer, director, or even a mere stockholder. The same is
true in cases of mere paper corporations, organized to roam like the
pirate of old, with or without color or letters of marque and reprisal,
and to annoy and hamper the owner of prior rights, frequently for
the unworthy purpose of endeavoring to force him to purchase.
Such organizations being kept alive mainly through the monetary
aid and personal influence of their officers, there should be no ques-
tion of the latter's liability, not only to an injunctibn, but also to an
accounting for damages. Often such organizations cannot be suc-
cessfully reached in time to prevent them from doing serious damage,
while an injunction against their officers would instantly forestall
that which the corporation itself might otherwise accomplish. This
rule has even been extended to the officers of a common carrier to
prevent transportation by them of an infringing article.

A liability of an injunction does not conclusively establish ac-
countability for damages or profits, and, conversely, liability for
damages does not conclusively establish that an injunction may issue

14 DELTA CHI QUARTERLY

or an account for profits be ordered. One class of cases adopts the
acceptance of the benefits, pecuniary or otherwise, springing out of
the use or sale of the patented article, or from the infringing act, as
furnishing the test of liability, holding that all who derive such ben-
efit are to be reckoned as guilty of the tortious act which makes it
possible. These may be stockholders, as well as officers and direc-
tors; but, while the plaintiff may proceed to judgment against all,
and while the judgment against one is not a bar to a trial and re-
covery against the others, yet there can be but one satisfaction. The
complaintant has the right to pursue the servants and agents and
obtain relief prayed for, although he is pursuing the principal at
the same time in another suit for the same wrong. The rule estab-
lished by these cases is that any person who has made a separate
profit to himself out of the manufacture, use, or sale of infringing
goods incurs a distinct and separate liability; and while it may be
proper to confine the accounting to the corporation when it, in the
first instance, derived all the profit, and the officers have profited
merely in their capacity of stockholders in the shape of dividends,
yet the officers may be made to respond if the corporation does not
afford ample satisfaction. But the absence of such gain or advantage
on the part of the officers in no way lessens their otherwise present
liability. The rule also applies in cases of infringement by unincor-
porated associations. The infringing use, sale, or manufacture be-
ing a tort, each member is liable to be enjoined, and the extent of
liability of each for profits and damages is purely a question of fact.
From many cases refusing relief against officers and directors
sued individually, it is inferable that they might have been held
liable had it been alleged or shown that the corporation itself was
insolvent. But will insolvency alone establish personal liability on
the part of the officers? In many of the States there are statutory
provisions making officers and directors personally responsible for
the liabilities of a corporation under certain circumstances, as when
they have been guilty of fraudulent acts. But all such personal
liability for corporate wrongs is based on the principle that where
through fraud or carelessness in the management of its affairs, the
corporation cannot respond to lawful claims arising from its con-
tracts, the responsible officers or directors will have to answer. The
same is true where, though dishonesty on the part of the officers,
the corporation is rendered incapable of responding in a sum
sufficient to satisfy the judgment. But insolvency alone, taken in
the abstract and unattended by any other controlling factor, should
not form the basis of indivdual responsibility, and the frequent re-
fusal to hold officers liable because of failure to allege or estabish
want of sovency of the corporation is in itself misleading. And
why shoud insolvency alone, when not caused by fraud or dishonesty

DELTA CHI QUARTERLY 15

on the part of the officers, make them personally answerable for the
torts of the corporation any more than for its contract liabilities?

It is not difficult to comprehend the reluctance of some courts
to hold officers and directors personally liable where the element of
malice or willfulness is wanting. In other words, the tendency not
to hold officers or directors responsible for infringements imwittingly
committed, or where the question of infringement is not free from
doubt, is often because of the conduct of such defendants subsequnt
to notice of the infringement being brought to their attention. Re-
gardless of any primary obligation on the part of a corporation, the
officers or directors responsible for the continuance of the infringe-
ment after knowledge of the complainant's claim become, if, indeed,
they are not already, joint tort-feasors and are answerable as such.
Many decisions apparently seek a modification of the rule to the
extent of exempting officers and directors from liability where they
have not knowingly and with improper motives participated in or
directed the commission of the infringing acts. But this is in the
face of the rule that, as with other infringers, knowledge that the
article manufactured and sold did infringe is immaterial.

The theory upon which the individual liability of officers has
been denied is that an artificial person, the corporation, alone is the
guilty actor, and none of its members or officials legally participate,
as individuals, in acts done by it. This view is so contrary to the
fundamentals of the law of torts and so conflict with sound reason
that it is impossible longer to accord it serious consideration.

The affirmance of the liability of officers and directors rests on
the ground that all who take part in a tort or trespass are liable, and
a man cannot retreat behind a corporation and escape liability for a
tort in which he actually participated. In brief, every voluntary
perpetrator of a wrongful act of manufacture, use, or sale is a tort-
feasor, becomes ipso factor an infringer, is legally responsible, and,
in addition to being enjoined, may be made to respond in damages.
If there is any authority for holding that officers and directors of
an infringing corporation, acting as its agents, are exempt from
injunction and accountability for their own tort of infringement, it
is the only instance known to the law where an agent may plead his
agency in avoidance of liability for wrongs committed by him. There
is no foundation in law for any such doctrine.

i6 DELTA CHI QUARTERLY

THE RUSSOJAPANESE WAR AND INTERNA-
TIONAL LAW

By Professor Edwin Maxey

of the University of West Virginia

While war necessitates international law, it also puts upon it
a very severe strain. This is particularly true where the rights of
neutrals clash, or seem to clash, with those of either belligerent.
And even as between belligerents not all the rules of war are so
well settled that self-interest will not impel one or the other to con-
tend for a new interpretation of old rules or deny the application
of those rules to new conditions. The present war has raised an ex-
ceptionally large crop of questions — some old, some new — that are
well worthy of consideration.

At the very outset the question of the necessity of a formal
declaration of war was raised by Russia. The Russian Minister and
the Czar went so far as to issue a manifesto accusing Japan of
treachery and violation of the law of nations by beginning the war
without such declaration. That her complaint was not well founded
seems to be settled by the usage of nations. The fact is that the
nearer we come to the present time the rarer are the instances in
which formal declarations have preceded the breaking out of hos-
tilities. Since 1700 there have been one hundred and eighteen wars
between civilized States and of these but eleven have been preceded
by a formal declaration. The breaking off of diplomatic intercourse
is generally considered sufficient warning.

The next question raised was that of the use of neutral territory
by a belligerent. The general rule upon this point is well settled.
But in this war the situation was anomalous. It was evident from
the beginning that the main battlefield of the war would be, in what
was nominally at least, neutral territory, to wit; Corea and Man-
churia. Though Qiina and Corea had sufficient cause for complaint
at being forced to undergo the hardships inseparable from military
operations upon their soil, the Russian indictment, of Japan for her
military occupation of Corea cannot fail to recall to mind the classic
fable in which the pot calls the kettle black. The facts seem to be
that Russia invaded Corea first, and certain it is that she had invad-
ed Manchuria before the beginning of the present war, to which
these invasions gave rise.

The uses of submarine mines raises a very interesting question.
Undoubtedly Russia had a right to anchor them in her harbors for
purposes of self defense. But she had no right to strew the seas with
them in the hope that they might destroy Japanese war vessels,
when in so doing she would necessarily endanger neutral shipping.
If she saw fit to anchor them in her territorial waters that was her

PROFESSOR EDWIN MAXEY
University of West Virginia

DELTA CHI QUARTERLY 17

right, provided she took a reasonable care to warn neutral shipping
concerning their presence. But if she availed herself of this means
of protecting her coast, it was her duty to see to it that such ma-
chines for destruction were so securely fastened that they would not
float out into the open seas and thus render unsafe the national
highways of peaceful commerce. True, it cannot be said that Rus-
sia was violating any specific rule or precedent, for the use of such
engines of destruction in this way is new, and hence there is no ex-
act precedent concerning the case. Yet, it seems clear that the gen-
eral rule of law that each should so use his own as not to injure
others, particularly his friends, should govern. But if in this I am
wrong, the matter Js one for special convention and the powers
should lose no time in reaching an agreement concerning it and
promulgate rules without delay.

The sending of a part of her volunteer fleet through the Dar-
danelles has given rise to a dispute as to the interpretation of the
treaties of Paris and London which provide that Russia shall not
send war vessels through those straits without the consent of Tur-
key. The vessels were sent through the straits, not as war vessels,
birt as merchant vessels, flying the merchant flag. Yet, when once
they are through the straits, their armament is put in place and up
goes the war flag. Such sleight of hand can, however, deceive no
one. It is too clearly a mere subterfuge for the purpose of circum-
venting the provisions of the above treaties. It is therefore not sur-
prising that, when these vessels began searching and capturing neu-
tral ships in the Red Sea, their characters should have been called
into question. For if they were war vessels they had no right in the
Red Sea, as they were there in violation of treaty. If, on the other
hand, they were merchant ships they had no right to search or cap-
ture and when attempting such acts they were acting as pirates and
as such might lawfully have been captured or destroyed by the war-
ships of any nation.

The question of contraband goods has again been raised. Rus-
sia has insisted upon including coal, cotton and foodstuffs in the
list of contraband goods. With reference to the former there is much
to be said in favor of her contention, especially in view of the indis-
pensability of coal in naval warfare. In fact, it seems exceedingly
likely that henceforward coal will be considered as contraband, par-
ticularly if found near where a hostile fleet is operating. That the
doctrine of occasional contraband will be applied to it seems reas-
onably sure. But as to cotton the case is a much weaker one. The
determination of Russia to hold this contraband seems to spring
from a desire to keep other nations, more particularly the United
States and England, from getting complete control of the cotton
trade in Manchuria, white Russia is handicapped by reason of the
war. Cotton, in common with foodstuffs, should never be considered

i8 DELTA CHI QUARTERLY

contraband unless the evidence is convincing that it is intended for
a hostile army or navy. It is the destination and use which alone
gives to them their character of contraband.

The sinking of the night Commander, a British vessel, con-
taining a cargo made up principally of railroad supplies, and of the
Thea, loaded with fish, were acts which can hardly be justified. It
is true that extreme necesssity will justify the destruction of prizes,
but if the practice is to be indulged in merely because it suits the
convenience of the belligerent, as in these cases, it is a most dan-
gerous practice in that it lends itself so readily to abuse. Such prac-
tice destroys the greater part of the evidence, which would be nec-
essary in order to prove the illegality of the act. I am convinced
that neutral commerce cannot be placed at the mercy of marauding
fleets without doing violence to the law of nations.

The sinking of transports with men on board is even less de-
fensible. For while the former merely interferes with a property
right, this interfers with the more sacred right to life. Soldiers
when captured, whether on sea or land, have the right to be treated
as prisoners of war. A failure to respect this right is not only law-
less but uncivilized and inhuman. Such acts can reflect no credit up-
on any nation. Prisoners of war are always more or less of a burden
but that does not warrant destroying them. They should either be
cared for or let go free.

When the Russo-Chinese Bank at Neu Chwang fell into the
hands of the Japanese a delicate question was raised because of the
somewhat uncertain character of that institution. By the Russians
it is alleged to be a private concern and as such the Japanese would
simply have the right to its use during the period of military occu-
pation, at the end of which it would revert to its original owner.
In other words, the military occupant would acquire no title, ex-
cept to the usufruct during military occupation, and hence could ac-
quire nothing further than the right to use, which right would term-
inate with the termination of military occupation.

If, however, the institution is really a governmental institution,
the effect of military occupation is far greater. The military occu-
pant may confiscate the property and convey complete title thereto.
From the day is was established it has been believed by all who were
conversant with the situation that the Russo-Chinese Bank was
nothing more nor less than an agency of the Russian government
owned and managed by officials of said government. Its nominally
private character was simply a blind to divert suspicion from the
operations of the Russian government in Manchuria. Such veiled,
and sometimes very thinly veiled, schemes are not infrequently re-
sorted to by governments in order to avoid opposition until the point
has been reached where they feel that they can safely disregard op-
position. If this is the real character of the bank, the Japanese are

DELTA CHI QUARTERLY 19

entirely justified in insisting upon their right to confiscate the prop-
erty of the institution, estimated by some as high as 50,000,000
rubles, and use the proceeds for the purpose of defeating the end
for which the institution was created, viz : the stealthy absorption
of Manchuria by Russia.

In this brief survey I have, of course, been unable to discuss
exliaustively the several questions raised, but trust that by suggest-
ing their importance and their interesting character others may be
stimulated to a more exhaustive study of them. If this hope is real-
ized, the space used and time consumed will by no means have been
wasted.

Morgantown, West Virginia, September i, 1904.

20 DELTA CHI QUARTERLY

DELTA CHI AND MEMBERS OF OTHER

FRATERNITIES

Henry W. SiinesSt Northwestern Chapter

As the fall of the new college year approaches the problem of
replenishing the ranks of the Fraternity once more presents itself. To
the undergraduates there rises once more in the mind the policy of
taking into the folds of Delta Chi the Greek letter men of the college
fraternities.

To the writer the question is a vital one. It has been argued to
him by many that it is a mistake to take men from the undergad-
uate fraternities and the plea that they destroy the "spirit" of the
chapter life has been consistently advanced. The statement that the
interest of the college fraternity man is divided is continually the
war-cry. It is my object in this humble article to try and overrule
this opinion.

To begin with there is no man so qualified to appreciate and
take advantage of the benefits and good-fellowship of tfie Fraternity
as he who has lived in the midst of that closest man to man union —
the college fraternity. He has learned to live with and for his fel-
lows. He has unconsciously grown to act as a corrector of their
faults, an advisor when advice is needed, as a friend and a brother
in the hour of trouble, as an aid in the daily tasks of scholastic life.
He himself is in the most receptive mood for gaining by the associ-
ation with those who have chosen him as their mate and hence there
is no man who can lend more to the absolute advancement of a chap-
ter than the Greek letter man.

Again such an individual has had an experience which has
taught him to readily grapple with the intricacies of fraternity pol-
icy. He readily analizes the qualities of a proposed candidate and can
easily find that indescribable something that makes a man a leader
among his college contemporaries.

There is I believe at the present time no room to doubt the fact
that the majority (not all but the majority) of the fine men of un-
dergraduate life join the ranks of the Greek letter societies in their
college. Are we not then by an anti-fraternity man policy cutting
ourselves off from men who in later years will lend to the Frater-
ity the dignity and advangtage of standing in the community, and
all for the mere fear lest that on a few occasions they might seem
to share their affections for Delta Chi with one of its indirect rivals ?
Are not those who stand for this policy cutting off their noses to
spite their faces and is there not the tiniest tinge of jealousy behind
the theory which they advocate? Perhaps this is an injustice but it
appears that way.

DELTA CHI QUARTERLY 21

The very fact that a man would join a fraternity and permit lus
name to be irrevocably linked with it would fortify that organiza-
tion against a lethargy on his part, for who is there who wishes his
name to be annexed to something that is inferior and who would not
do all in his power to make what people knew him to be connected
with a shade better than any other similar thing?

Is a man who belongs to the Loyal Legion to be denied a place
in the Sons of the Revolution because he is a member of the other
society? No, they are proud that they can count among their num-
bers one whom others honor. So should it be with us, honor to him
to whom honor is due, and if we find among those who wear an un-
dergraduate pin a man whose personality recommends itself to us,
let us rather take encouragement from the fact that others have so
tried him and not found him wanting. Let us look beyond ourselves
and see that each such man we take but strengthens the opinion of
our Fraternity in the eyes of the undergraduate world and the more
places it as a goal for those who look forward to the professional
school career, thus elevating our standard yet the more. Let us re-
member that the type of man in question can widd for our good the
power of a double brotherhood and let none be. blinded by the false
light of "divided interest," for if the man be a man worthy consider-
ation of such a fraternity as is Delta Chi, he must of necessity be of
sufficient calibre to warrant his true alliance to any body of which
he consents to form a part

DELTA CHI QUARTERLY

The Delta Chi Quarterly

Published at Ithaca, New York

BOARD OF EDITORS

Jambs 0*Mallbt, Editor-in-Chief,

4 Brie Co. Savings Bank, Buffalo, N. Y.

MANTon M. Wtvbll, Business Manager,
Ithaca, N. Y., and 350 Broadway, N. Y.

Floyd L. Carlislb, Chap. Correspondence,
8 Stone Street, Watertown, N. Y.

John J. Kuhn, Alumni Page,

189 Montaffne Street, Brooklyn, N. Y.

William W. Bridb. Exchange Editor,

Lincoln, Nebraska

EDITORIALS

In his plea for a more liberal policy respecting the admittance
of the members of other fraternities to Delta Chi which appears
in this issue, Brother Stiness, it seems to us, has made an unfortun-
ate distinction between Delta Chi and other fraternities. He desig-
nates Delta Chi as a graduate fraternity. He refers to the members
of other fraternities as "Greek letter" men, and speaks of the "col-
lege fraternity'* man as if he were a product unknown to Delta Chi.
What is the basis of this distinction? Nothing before within our
experience has caused us to doubt the undergraduate standing of
Delta Chi. Men who have become associated with the Fraternity
as graduate students are rare exceptions. Until within two or three
years, there have been no chapters that have made a practice of in-
itiating graduate students. Their membership has been drawn en-
tirely from undergraduate classes in the institutions of law where
the chapters are located. Hence, the vast majority of the Fratern-
ity's membership up to date, may be termed an undergraduate
membership. So, too, it would seem, that we have just claim to be
classified with Greek letter men, and to be considered as belonging
to the great body of college fraternity men. What is there in our
chapter life at Michigan, Dickinson, Cornell, Georgetown, or in a

DELTA CHI QUARTERLY 23

majority of the others, that would preclude us from claiming a place
among all so-called undergraduate fraternities as such?

This comment is made and these questions asked, not for the
purpose of urging opposition to the subject dealt with in the article
referred to, but simply to point out, as we did in the July issue, that
the idea that Delta Chi is different from other fraternities must not
be allowed to creep into the mind. It is not a graduate legal society,
or club, but a fraternity intended primarily for the undergraduate
life of colleges of law, with an individual life and existence entirely
independent of all other fraternities. If Delta Chi is to live and g^ow
into such a fraternity as its founders intended that it should, it must
develop life within itself that will be all-sustaining, and not become
dependent upon outward sources for the elements of that life. The
Mother Chapter has aimed to place herself on the same plane and
into competition with each and all of her rivals, believing that this is
the only means of salvation. In this policy she has succeeded to a
great extent, and so, too, have the other chapters, which have a-
dopted it. In consequence, there has been created at these chapters
a life, independent and healthful, which needs no stimulant. This is
the ultimate goal of every chapter of Delta Chi. Let every chapter
aim to reach it, and let every member of Delta Chi cease to regard
the Fraternity as differing in its nature and purpose and possibil-
ities from the strongest Greek letter fraternity in existence.

tJ U tJ

A departure from the usual plan of holding the Annual Con-
vention with any particular chapter has been suggested for this
year. The idea of selecting some central location and a large city
like Cleveland, for example, has been urged. It is also suggested
that one day be set apart for legal addresses by prominent judges
and attorneys, thus giving to the occasion a feature of the annual
meetings of the American Bar Association. The expenses of the
Convention would be defrayed by the general treasury, rather than
by a chapter and the plan for free entertainment of delegates would
be eliminated. Such a plan is well worthy of consideration, espec-
ially for this year, when no chapter seems willing to accept the fi-
nancial burden incident to the Convention. Moreover, it would pve
to the assembly of delegates a national prominence and a prestige in
the legal world, particularly if the names of one or two prominent

24 DELTA CHI QUARTERLY

jurists and several attorneys of national repute could be associated
with the Convention. And, furthermore, it would be the beginning
of the movement, the advisability of which was urged by Professor
Duncan C. Lee, at the Convention banquet last April for making
Delta Chi a potent force in the life of the American Bar. Of course,
such a plan would result in the loss of the wholesome influence ex-
erted on a chapter by a Convention held under its auspices. And
this is one disadvantage in the scheme which would have to be con-
sidered. Undoubtedly, there are other arguments which might be
advanced against the proposition. But without a thorough consid-
eration of all phases of the plan, THE QUARTERLY is inclined to
favor its adoption for one year at least.

tJ U U

The absence of chapter news in this issue suggests the disad-
vantage of the present arrangement of dates for the publication of
THE QUARTERLY. The July number chronicled the closing ev-
ents of the college year. Hence, there are no new items of chapter hap-
penings for October. This situation is regrettable, for no issue of
THE QUARTERLY can be made of general interest to its readers
without the department of chapter correspondence. In the editor's
opinion a change should be made so as to give news of the chapters
for each issue. Publication in the months of February, May, August
and November would bring the desired result. The August number
would have the period of May and June for news of the chapters.
So far as is apparent no other department would be affected and
the change seems to us desirable in every way. It would mean only
a delay of one month in publishing the next issue, which would be
brought out in February instead of January. The attention of the
"XX" is called to this suggestion with the view that they will take
any necessary steps to effect the new plan.

TJ TJ TJ

Professor J. Nota McGill of the Georgetown University College
of Law faculty and Hon. Adelbert Moot of the Buffalo bar and special
lecturer on the Law of Evidence in the University of Buffalo School

of Law are new contributors to THE QUARTERLY. Professor
Edwin Maxey will be remembered as a contributor to the July num-
ber. The articles of these three members add strength to its pages

DELTA CHI QUARTERLY 25

and will receive a hearty welcome from the many readers of the
publication. Th^ members of the Fraternity who are now hardy
practitioners and have less interest in the news of the active life of
Delti Qii than in matters pertaining to their profession, will find in
these contributions material that will well reward them for the time
spent in their reading. The younger and more enthusiastic members

will find them full of practical knowledge, for which all, it must be
assumed, arc seeking. THE QUARTERLY is justly proud of be-
ing able to offer the work of these writers to its readers and extends
the thanks of the Fraternity to each and all for their splendid and
welcome service to Delta Chi in this respect.

U tJ U

Self esteem is not a characteristic of THE QUARTERLY. Yet,
we feel at liberty now and then to laud our virtues, especially if it is
felt that such laudation will bring to the Fratemit/s pubication the
support which it requires and rightly deserves. We publish the
following letters from subscribers and offer them as examples of
the attitude which the Delta Chi men should have toward THE
QUARTERLY :

La Jara, Colo., Aag. 23, 1904.
Editor Delta Chi Quarterly.

Dear Sir: — I send- you a check for tny subscription and would say
that I have very much enjoyed your paper. Living as I do at such a
distance from the Ctyrnell Chapter of which I was a member, I had quite
lost touch with its affairs. I have enjoyed thoroughly getting the items
of news of several of thei boys of '91. The Quarterly can be of great
assistance to the Society in building it up, and I sincerely hope that it
will continue to be well supported. With best wishes, I am,

Yours in Delta Chi,

P. S. JOHNSON.

1901 £. Grand Ave., St. Louis, Mo.

Business Manaiger Delta Chi Quarterly:

Dear Sir and Brother: — Enclosed please find check in payment of
my subscriptkm to The Quarterly. Allow me to say that I think our
publication one of the best fraternity magazines that I have ever seen.
Wishing it success in the future, I am fraternally yours,

H. J. MOHRMAN.

September 15, 1904.

tJ tJ u

The "CC" has introduced an innovation in the work of his de-
partment during the summer months. He has mailed to all members
of the Fraternity, with the membership recommendation blanks two

26 DELTA CHI QUARTERLY

additional slips, one requesting information in regard to the condition
of the legal profession in various localities throughout the United

States, and the second asking for reports on available positions in law

offices. These blanks ought to form the basis for an accurate summary

of the legal profession in this country and Canada, and prove of great

value for reference to members of the Fraternity who are seeking

for the most advantageous locality in which to practice. This is a

practical work and one which is to be highly commended. We will

await with interest the report which the "CC" will later give of his

investigations.

XJ XJ XJ

The present year ought to witness an increase of fifty per cent^
in the number of subscribers to THE QUARTERLY. This would
bring the subscription list up to a point which it should reach and
maintain. Subscriptions and advertising are its only two sources of
revenue, and the amount of the second will be determined largely by
the first. A large circulation is what appeals to the advertiser. Do
you take THE QUARTERLY? If not, send in your subscription to
the Business Manager together with the name or names of others who
will subscribe. You will thus help materially to ensure the contin-
ued success of this necessary feature of the Fraternity's work.

rj tf tf

An interesting bit of information in respect to the nature and
organization of the governing bodies of the various fraternities is
to be found in the exchange columns in this issue. Reference to it
will afford opportunity for comparative study of the subject. As
the Exchange Editor suggests, it is a subject to which Delta Chi
men may give profitably a little time and thought.

XJ XJ XJ

It is a pleasure to report that Floyd L. Carlisle, **CC" is much
improved in health. Since the Convention last April he has beeen in
ill health and has suflfered intermittently. It is to be hoped that he
will have the full measure of his strength during the coming year
so as to give to the important duties of his office the efficient service
of which he is capable.

DELTA CHI QUARTERLY 27

AMONG THE

Phi Kappa Psi has granted a petition from Illinois.

Delta Upsilon has taken possession of their new home at Michigan.

The Phi Delta Theta and Beta Theta Pi are being petitioned from
Colorado College.

Of the thirty-eight Chapters established by Sigma Nu in thirteen
years all but four are alive today. Two were killed by non-fraternity
laws.

The Theta Delta Chi Shield appears in a blue cover printed in black
and silver. The cover is attractive but the magazine within is even more
so. One-half of the large number is given over to their revival of Epsi-
lon Charge at William and' Mary.

Delta Kappa Epsilon is the first to occupy a house on the Campus at
Lafayette College. The privilege was granted them by the faculty and
the chapter took advantage of the offer and built a magnificent home.

Sigma Delta Sigma, a newly founde<i fraternity at Wisconson, is try-
ing to run on a "co-ed" basis. As far as the exchange editor can learn
this is the first attempt at anything of this kind by college students. The
chapter is said to be prosperous.

Delta Upsilon and Phi Kappa Psi exchange with other magazines
but beyond acknowledging the receipt of exchanges, make no mention
of other fraternities. On the other hand Kappa Alpha (Southern), Theta
Delta Chi, Phi Delta Theta, Beta Theta Pi an<i Sigma Nu devote much
space and give extremely interesting comments on their rivals.

The Acacia Fraternity composed entirely of Master Masons has es-
tablished at the University of Michigan.. Instead of using Greek charac-
ters this fraternity uses the Hebrew for symbols and chapter designa-
tions. That at Michigan is known as Atcph Chapter of Acacia Frater-
nity. This should properly be registered as "Among the Hebrews"
rather than "Among the Greeks."

The Caduceus of Kappa Sigma says: "In the right kind of a

28 DELTA CHI QUARTERLY

cliaptcr, the men have a trick of gravitating together on all occasions;
when you find one of them> there is sure to be another one in sight and
coming. At games antH contests and other public ocasions they do not
have to stop to practice the Fraternity or Chapter yell. They go at their
college life, in sh-ort, with tihe idea tihat tli«y will find their greatest
pleasures together. And they do."

Kappa Alpha Journal calls attention to the fact that Delta Phi,
Sigma Phi and Northern Kappa Alpha have never supported fraternity
periodiicals of any kind while Alpha Delta Phi, Psi Upsilon, Zeta Psi, Chi
Phi and Delta Psi have tried tlie experiment amt have failed; Phi Kappa
Sigma publishes a news letter for distribution among its members. The
BRIEF of Phi Delta Phi has had varying successes but is no>w firmly es-
tablished, although no copy has been issued since January.

Among the new Chapters are the folllowing: Theta Delta Chi at
William and' Mary; Kappa Sigma, at University of Chicago; Case, Colo-
rado College; University of Colorado and Colorado College of Mines;
Sigma Nu at University of Chicago, Universities of West Virginia and
Pennsylvania and Iowa State College; Kappa Kappa Gamma at Tu!ane;
Phi Kappa Psi at Illinois. Phi Sigma Kappa has revived at Stevens In-
stitute of Technology; Sigma Alp^ha Epsilon at the University of Iowa and
Delta Tau Delta at University of Texas.

The Exchange Editor begs to annnounce the receipt of very kind
letters from the editors of the Beta Theta Pi. the Scroll of Phi
Delta Theta and the Journal of Kappa Alpha (Southern.) The edi-
tor of Beta Theta Pi tells us that he has great interest in the
QUARTERLY for he was the. founder of the Brief of Phi Delta Phi.
The ed.itor of the Scroll says that while he is a member of Phi Delta
Phi that he believes the field is plenty large enough for a strong rival
to that society and wishes us unbounded success. The editor of the
Journal tells us that we have a magazine of which we may be proud
and congratulates us heartily upon our success.

There are several new law fraternities, but, as they publish no maga-
zines, the Exchange Editor can only hear of them through the chapters
"C's" and through the comments of other fraternity publications. From
the Beta Theta Pi we learn that "Theta Lambda Phi has entered
Cornell." We are told that there are chapters at Dickinson and the
Detroit College of Law. From the same magazine we learn that t»ie
chapter at Dickinson occupies a house. Gamma Eta Gamma, it is under-
stood, has chapters at the University of Maine, Boston University and

DELTA CHI QUARTERLY 29

Union- University. There are several other legal fraternities, among
them Phi Alpha Delta, that are products of the last year in the West.
Little is known of them save that the fraternity last mentioned con-
templates taking a house at Wisconsin and already has chapters at Min-
nesota and Northwestern and possibly one at the University of Chicago.
No mention is made of these fraternities in the latest educational hand-
book published this year. No other legal fraternities are mentioned save
Phi Delta Phi and Delta Chi.

The Record of Sigma Alpha Epsilon has this little argument which
applies to every fraternity equally as well as to S. A. E.: *'Every frater-
nity is troubled from time to time by what are usually termed "weak
dhapters." The student of the Greek-letter society will long, but never
expect to sec the mdlennium when tJhese pihenomena of fraternity life, if
I can call them &uch, will entirely disappear. Tht s'hifting and changing
constantly going on in chapter life threatens to involve almost any
clrapter, and there is no man in our own fraternity, or in any other, who
has not witnessed the suddlen decline of a strong chapter to pitiful weak-
ness. It is useless to discuss or point out the causes that lead to such
incidents; they are too well known to require explanation. In ten short
years of watching the chapters of some of the strongest national or-
ganizations in one of our colleges, the writer can testify to having seen
all of them on the mountain-top of prosperity and in the dark slough of
despond. It simply remains for National Fraternities to be always pre-
pared for these emergencies, for frequently they come quickly. If a care-
ful plan were adopted to nurse these individuals through thetr period
of sickness, we should find, instead of so many tombstones standing
everywhere in the Greek world, seasoned veterans who, having run the
course of their disease, had come to renewed vitality."

At the last convention of the Fraternity held with the Cornell Chap-
ter in April of the present year, the question of changing the governing
body was much discussed, and yet there remains a severe test for the
body then elected. There is no doubt that Delta Chi, a young fraternity
in years though exceedingly prosperous, has much to learn from the
older fraternities which have weathered the gale of over half a cen-
tury and are still on the highroad of success. There is still a likelihood
that the question will be considered at the convention of next year and
so I have collected the characteristic features of some of these fraterni-
ties and especially their national organization.

With the single exception of Kappa Alpha (Southern), the writer
has been able to learn that no governing board was allowed to grant
a charter without consultation with the chapters. In this organization
the president can of his own right grant a charter during the interim

30 DELTA CHI QUARTERLY

bctweea conventions. The governing bodies of the fraternities seem to be
as follows:

Alpha Delta Phi, executive committee of nine members who are part
of an executive council, consisting of a president, secretary, an-d one
other officer, ex-officio, nine members at large, two members from each
active chapter and one frdm each inactive chapter.

Beta Theta Pi, six trustees including president, grand secretary and
grand treasurer. There is also a keeper of the rolls.

Phi Kappa Psi, executive council, comprised of a president, a vice-
president, a secretary and a treasurer. There are also editors for the
Shield, catalogue, son^-book and Jiistory as well as permanent com-
mittees on ritual, chapter houses and attendance at conventions.

Phi Delta Theta, general council of five, consisting of president, secre-
tary, treasurer, reporter, historian and an alumni commission of two
members. These nine constitute a board of trustees.

Phi Gamma Delta, president, treasurer, secretary and two "lay"
arcbons.

Theta Delta Chi, grand lodge of three, president, secretary and treas-
urer, who name editor of journal and custodian of archives.

Delta Chi, executive council of fifteen members who elect the "AA,"
"CC" and "DD." There is also an editor of thear Quarterly, a catalogue
editor and a custodian of archives who is a member of the Mother Chap-
ter and a permanent committee on song-book.

Alpha Tau Omega, grand chief, grand chaplain, grand keeper of
exchequer, grand' keeper of annals, grand scribe and a high council of
five members.

Sigma Nu, high counicil of four designated a regent, vice-regent and
inspector general, grand treasurer and editor of catalogue, grand recorder
and editor of journal. There is also a standing ritual committee, a son>5
book editor and historian.

Chi Phi, grand lodge comprising fraternity president and four others.

Sigma Chi, grand consul, grand annotator, grand tribune, grand
quaestor, grand editor, grand historian and grand praetors for the nine
provinces comprise the executive council. There are also five grand
trustees.

Sigma Alpha Epsilon, council of five, archon, deputy archon, re-
corder, treasurer and editor. Board of five trustees.

Delta Kappa Epsilon, executive council of eight men with a des-
ignated president and secretary.

Psi Upsilon, executive council of five members.

Kappa Sigma, supreme executive committee of five consisting of

officers designated as "W. G. M.," "W. G. P.," "W. G. M. C,"
"W. G. S." and "W. G. T." Has catalogue editor and song-book editor.

DELTA CHI QUARTERLY 31

Kappa Alpha (Southern) president, historian, purser, editor, chief
al-umnus and catalogue editor.

Delta Upsilon, executive council of nine members, with the offices
of president, secretary, treasurer and field secretary. There is also an
auditor, librarian, editor of their quarterly and editor of their decennial
catalogue and three trustees of their fraternity fund. The executive
council is the governing body during the fraternity year.

Thus it will be seen that Delta Chi has a larger governing board
than any of these fraternities. There is a whole year intervening be-
t?ween conventions and the question of a governing board and the scope
of its power are subjects that need the attention of the delegates to the
next convention and conventions still to come.

32 DELTA CHI QUARTERLY

CONDITIONS OF THE LEGAL PROFESSION AS
REPORTED BY DELTA CHI MEN

F. L, CarlisU, **CC'

The "(X" in his report to the Tenth Annual Convention, held
at Ithaca last April, recommended that during the summer an in-
vestigation be made among the alumni of the Fraternity, to ascer-
tain the condition of the profession in the various cities and states
of the Union and Canada. The immediate aim of this investigation
was to secure information concerning desirable places, at which to
begin the practice of the law. It is the intention of the organizers of
the system to keep a permanent record of the relative merits of cities
and states which offer attractive fields for young attorneys to be-
gin the practice of their profession.

During the past summer the ''CC* mailed to each alumnus a
blank, asking for a brief summary of local conditions in the law.
In response to fifteen hundred inquiries mailed, he has received a-
bout five hundred responses. Those answers received, give sufficient
information upon which to base this hasty, preliminary review of the
subject.

In Arkansas practice is reported as not over-crowded. The av-
erage young lawyer has succeeded. The country is rapidly growing
and the opportunities for securing business are numerous. In Colo-
rado there are large numbers of attorneys. Denver, with a popula-
tion of 175,000, has 600 lawyers. In many of the smaller towns of
the state a need for good lawyers is felt.

In Delaware the cities are over-crowded, but the rural districts
afford occasional openings. Connecticut is reported as full of law-
yers. A man starting where he has friends may succeed, but a
stranger must tarry long e'er he secures a clientage. The cities are
very conservative and the law business is controlled very largely
by a few old and well-established firms.

In Illinois the profession is over-crowded, except in some of
the smaller cities. Interest, naturally, centers in the city of Chicago,
where innumerable attorneys are turned out by the several law col-
leges. It seems to be generally conceded by alumni that there are
more lawyers in Chicago than there is law business. There are 4,752
attorneys practicing in the city. Qcrkships in offices are generally
filled by students in the law schools. Many attorneys are employed by
surety, title and guarantee companies which pay an average salary
of from ten to fifteen dollars a week. Opportunities for advancement
in such companies are remote. In the general law offices the derks
usually receive small salaries. Few work for nothing. The salaries
range from five to fifteen dollars per week. Chicago, however, seems
to offer more inducements to the beginner than does New York

DELTA CHI QUARTERLY 33

City. A wit writes : "I will without hesitation recommend any young
man with a good legal education and an income of $6,000 per year
to come to "Chicago to build up a clientage."

Many lawyers in Chicago state that it is better to start practic-
ing in the smaller cities of Illinois. The smaller cities, like Freeport,
Findlay, Shelbyville, Peoria, Sycamore, Quincy and Streator offer
favorable opportunities. Springfield is reported as over-crowded and
business in the hands of a few political firms.

Indian Territory is reported to be full of "black-leg" lawyers.
In one or two years the Territory promises to be an excellent field
for attorneys. Indiana seems no more favorable than Illinois. Indi-
anapolis has many lawyers, and a majority of the clerks are secured
from the resident law schools. Goshen, Lx)gansport and South
Bend do not offer special inducements to young lawyers at pres-
ent. The smaller cities of Iowa are reported to offer promising
fields. Kansas has plenty of lawyers and plenty of law business.
Opportunities are fair.

In Michigan ,the small cities afford good fields. Of the larger
cities Port Huron is reported as progressive. Detroit has too many
attorneys. The state generally is prosperous, however, and offers
better openings for young attorneys than the average state.

In Missouri, it is not difficult to obtain admission to the Bar
and consequently there are many incompetent lawyers. St. Louis is
over-crowded, as are most of the larger cities. Opportunities are
more favorable in the small cities.

In Minnesota the condition of the profession is generally good.
Duluth is not over-crowded and has plenty of good law business.
St. Paul and Minneapolis have about 500 lawyers each. The clerk-
ships are generally filled by students in the law schools who work
for small compensation. The lot of the stranger is described as being
unenviable. Openings for young practitioners exist in smaller cities.
Judge laggard of St. Paul reports in part as follows : "The north-
em part of the state of Minnesota is in exceedingly desirable place
for aggressive, hustling young lawyers who do not care too much
for society. I think Duluth is one of the best places in America for
ambitious youth. Either St. Paul or Minneapolis is good, but not
remarkable."

Strange to report, Montana is crowded with lawyers Eastern
Montana is inferior to the western or mining districts of the state.
Butte is described as being a hard place for beginners. The pro-
fession seems to have been corrupted by politics. Helena meets
with general disapproval. It seems that the number of attorneys
who have left there during the past four years, is greater than the
number of new arrivals.

In Massachusetts, Boston controls almost all of the law busi-

34 DELTA CHI QUARTERLY

ness of the state. There are approximately 3,000 lawyers in that city.
Clerks are paid very poorly, if at all. Harvard and Boston Univers-
ity law men crowd the profession. No opportunities exist for strang-
ers.

The profession in New Jersey is declared to be very much con-
gested. Montclair, Atlantic City, Asbury Park and Patterson are
said to be undesirable places for beginners.

Conditions in New York State vary greatly. Albany is thus
described by Dean Fiero: "Very much over-crowded owing to a
great extent to the location of the Law School here and the fact that
many graduates settle here. Law business, aside from the Court of
Appeals, is not good as compared with cities of like population."
Herkimer has plenty of lawyers but plenty of business. Batavia is
reported as being a good place to start at the present time. Buffalo
is crowded, but there is no over-supply of clerks just at present.
Clerks' salaries are better than ever before. Clerkships are not diffi-
cult to secure. Many young lawyers are successful. Binghamton has
an abundance of law business for its attorneys. Catskill is a good
field. Jamestown is rather crowded, also Elmira. The ranks at
Glens Falls are full. Homellsville, Hudson, Olean, Ithaca, Johns-
town and Jamestown are crowded, but have occasional openings.
Long Island attorneys report plenty of small business, but claim
that all large business gops to New York City. Lockport is crowd-
ed. Middletown, being a residential city, is not desirable.

In New York and Brooklyn peculiar conditions prevail. Many
young lawyers work for title companies at a salary of ten to fifteen
dollars per week at the start, with no appreciable chance for ad-
vancement. Brooklyn seems to offer better opportunities for the be-
ginner than New York. Specialty lawyers are numerous. Lawyers
are generally well paid. New York City conditions are, of course,
unique. It is a field of greatest opportunity in the end, but success
is very difficult to achieve.

Ogdensburg, Oswego and Watertown are good cities for be-
ginners. Rochester and Syracuse have an abundance of lawyers.
The number of attorneys in Syracuse is about 400. In both of these
cities there is plenty of business, but it is too much centered in large
firms. Schenectady, Saratoga Springs and Troy are crowded, but
offer opportunities for those who start advantageously. Utica seems
to be a good place for the beginner.

In Ohio, Akron is reported as offering good openings. Canton
is full. Cleveland and Cincinnati offer splendid fields. Columbus is
a rapidly growing city with many lawyers, but plenty of business.
Dayton has many attorneys, but several young men have succeeded
there. The smaller cities of Ohio offer better openings.

Oklahoma Territory has many lawyers. Enid with a population

DELTA CHI QUARTERLY 35

of 1200 has thirty attoyieys. Young men, however, often succeed
early.

In Pennsylvania, Philadelphia offers a good field, it having
fewer lawyers in proportion to it§. population than any large dty
in the United States. Altoona, Chambersburg, Scranton, Erie,
Jlazelton, Lehighton, Reading and Wilkesbarre have their full quo-
ta. The smaller cities also are crowded. The reports of conditions
outside the city of Philadelphia are discouraging for beginners*

The state of Washington is reported to have a large crop of
poor lawyers. They move around from city to city. Good lawyers are
successful. West Virginia is reported to be an excellent field. The
state is prosperous and the cities haVe plenty of law business.

Wisconsin has many attorneys. The small cities are the most
desirable places to locate. Salt Lake City, Utah, is over-crowded.
A few firms handle sixty per cent, of the business. Washington, D.
C, is over-crowded, although many young attorneys are doitig well.
The city, being residential and political, rather than commercial,,
does not aflFord the best field.

In Canada all the provinces and territories require three years
in a Canadian law school for^ college graduates and a preliminary
two years in a Canadian office for non-graduates. The Canadian
West offers great and growing opportunities. Toronto and Ottawa
have plenty of legal business and afford good openings. The diffi-
culty of admission to practice prevents the profession from becom-
ing over-crowded.

Almost without exception, the advice to beginners by those
who have reported on the conditions prevailing in the profession
to-day is for the beginner to go where he is known. Success in the
profession depends upon one/s ability to build up a clientage, and
a stranger in a community is always at a greater disadvantage than
one who has an acquaintance, however slight it may be. It is to be
noted, furthermore, that the smaller cities are recommended for the
young lawyer. These localities offer better means for establishing a
reputation. After this has been accomplished the young man may
well venture to establish in the large cities.

The reports, however, must be read with this thought in mind,
namely, that energy, ability and hard work are the factors that de-
termine success. In the opinion of the writer, the profession to-day
has fewer big men than ever before, and opportunity for success in
the profession of the law has never been brighter than at the pres-
ent time.

36 DELTA CHI QUARTERLY

NEWS OF THE ALUMNI

CORNELL.

'95. — ^William Livingstone Gellert is with the Lawyers Title
Insurance Company, Examination Division, at 37 Liberty St., New

York City.

'97. — Francis Halsey Boland is mourning the loss of his little
boy, John Boland, Jr., who died at Ellicott City, Ind., last August

'98. — ^Andrew George Krauss was married recently in Butte,
Mont. "A long life and a happy one, 'Krusser.' "

'98. — Reuben Locke Haskell is the proud father of a little
daughter, born the first week of September.

'98. — ^John J. Kuhn spent three weeks of September in the
Adirondacks. On his return trip he visited Floyd L. Carlisle, at
AVatertown, N. Y.

'00. — Philip Ensign Rice married Pearl Inez Thomson, Sep-
tember 14th, at Warrensburg, N. Y.

'01. — ^James O'Malley, with F. W. Spring of the Buffalo
Chapter, spent three weeks in Boulder, Colorado, during July. They
were the guests of Brother Springes father, S. Arthur Spring, who
resides in Boulder.

'01. — Dudley K. Wilcox was married to Louise Blanche Little,
at Burlington, Iowa, September 28th. At home after November
1st., at Auburn, N. Y.

'01. — Neil Willis Andrews was married to Miss Eloise Mabelle
Potter, on June 29th, at Philadelphia. Mr. and Mrs. Andrews have
made their home at Brookville, the seat of Jefferson Co., Pa., where
"Neil" is practicing law with former District Attorney McCracken
under the firm name of McCracken & Andrews.

'02. — Manton M. Wyvell recently visited Washington, D. C,
where the Georgetown Qiapter gave a smoker in his honor.

02. — Harry R. McCiain was associated with a stock company
at Tacoma, Wash., from March, 1904, to August, when he returned
to St. Louis, his home, to see the Fair. Brother McLain intends to
follow the theatrical profession.

'03. — Lewis R. Gulick is completing his law course at the Uni-
versity of Buffalo.

'03. — Lyman A. Kilburn and Arthur Simons who have been
practicing at Dunkirk, N. Y., have dissolved partnership. Mr. Kil-
burn has become junior member of the firm of Pease and Kilburn,
Dunkirk, N. Y., and Mr. Simons has returned to Sidney, N. Y.

'04. — Andrew Rutledge, Jr., has associated with the attorneys
for the Chicago National Bank, Chicago, 111. He has already identi-
fied himself with the Chicago Alumni Chapter.

DELTA CHI QUARTERLY 37

'04. — ^James T. DriscoU is with Bushnell & Metcalfe in the El-
licott Square Building, Buffalo, N. Y.

Daniel A. Reed, honorary, formerly of Dunkirk, N. Y., is now
in the legal department of the State Excise Office, Albany, N. Y.
Mr. Reed was formerly head coach of the Cornell football team.

NEW YORK UNIVERSITY.

'92. — ^Walter E. Rowley is engaged in the chemical business
at 100 William Street, New York City.

'92. — Terence J. McNamara is a member of the firm of Black,
Olcott, Gruber and Bonynge, at 170 Broadway, New York City.

'98. — William F. Quigley is one of the happiest of men in New
York City. Its a boy. "Billy" is already training him for the Harlem
Regatta of 1924. Brother Quigley is one of the best oarsmen in a
prominent rowing club of New York City.

'98. — ^James F. Hurley is also wreathed in smiles because his
little daughter has a baby sister, who was bom in Brooklyn, N. Y.,
last month.

MINESOTA.

'92. — Orin M. Corwin is manager of the loan department of
the Wells and Dickey Company at Jamestown, North Dakota.

'92. — George Sanford Eddy is secretary of the Namakon
Lumber Company, Minneapolis, Minn.

'93. — ^A. W. Shaw, former "BB" of the Fraternity, is covering
part of the Southern States in the interest of the Roderick Lean
Manufacturing Company of Mansfield, O., and hustling to get back
to see his daughter, Helen Grace Shaw, who was bom June 26th.

'95. — Luman C. Simons is engaged in the banking business at
Red Lake Falls, Minn.

The Hon. Charles B. Elliott, judge of the District Court of
Minnesota, is the Republican nominee for Justice of the Supreme

Court of Minnesota, Justice Jaggard, of St. Paul, honorary, is also
on the Republican ticket.

DE PAUW.

'93. — ^John C. Ruckelshous is States Attorney, 19th Judicial
District of the State of Indiana, at Indianapolis, Ind.

MICHIGAN.

'93. — Marvin E. Bamhart is located in Chicago, 111., where he
takes an active interest in Delta Chi Alumni affairs.

38 DELTA CHI QUARTERLY

'93. — John Garrett Park has been nominated by the Republi-
cans for Circuit Judge of Missouri. His personality and competency
insures his election. He is an enthusiastic Fraternity man.

'93. — Edgar Moore Hall has been County Attorney of Sweet
Grass County, Montana, since 1898.

'95. — Thornton Dixon is prosecuting attorney at Monroe,
Michigan.

'98. — Howard O. Shepherd has closed his law practice in De-
troit and has become the Michigan representative of N. W. Halsey
& Co., Bankers, of New York and Chicago, with offices in the Union
Trust Building, Detroit, Mich.

'99. — H. L. Chapman, vice-president of the First National
Bank of Moline, at -Moline, 111., stopped at the Union League Qub
while in Chicago, on business, for a few days. His story of the Na-
tional Convention held with the Dickinson Chapter is most interest-
ing. He is contemplating a trip to New York and Washington and
the Delta Chi's in those cities will do well to have him repeat the
story.

'00. — Henry A. Converse is associated with the United States
District Attorney at Springfield, 111. He is in active practice at 1346
North 8th Street, Springfield.

'02. — H. S. Weeks is located in Washington, D. C- He is as-
sociated with the Fuller Construction Co. He has been a guest of
the Georgetown Chapter at several smokers held at its house during
the summer months.

DICKINSON.

'03. — J. D. Crary is manager of Grays Harbor Electric Com-
pany, Aberdeen, Washington.

NORTHWESTERN.

'93. — S. S. Allee, Depaw and Northwestern, is now located on
the 7th floor of the new First National Bank Building, Chicago. He
was one of the charter members of the Northwestern Chapter and
is greatly delighted to learn of the growth and progress of Delta

Chi since he left college.

'97. — Royal Whitlock attended his last Delta Chi dinner as a
bachelor on August 30th. On September 7th he married Miss Edith
Dean, daughter of W. O. Dean of Evanston. 111.

'99. — B. W. Frank has moved to Milwaukee, Wis., where the
B. W. Frank Grain and Commission Company has its office at 78
Michigan Street.

DELTA CHI QUARTERLY 39

'99. — David Hickman Morse, Jr., is president of the First Na-
tional Bank, Mount Vernon, Wash.

'04. — Russell Wiles, member of the Governing Board of the
Fraternity, has just returned from a business trip to Washington,
D. C. He was staying at the Raleigh when discovered by the Wash-
ington Delta Chi's, who moved him up to the Qiapter House. He
speaks highly of the Georgetown Chapter and of its beautiful house.
Brother Wiles has recently entered into partnership for the practice
of patent law with H. E. Bitmer with offices in the Monadnock
Block, Chicago.

CHICAGO— KENT.

'99. — Harry L. Bird is a member of the firm of Harris & Bird,
in the First National Bank Building, Chicago, 111.

'99. — Andrew Reynolds Sexton is local counsel for the Aetna
Indemnity Company, at 632 National Life Building, Chicago, 111.

'99. — Louis P. Walters has been ill for several months and is
about to leave for Colorado Springs, Colo.

'03. — ^Walter K. Mcintosh is credit man for the Liquid Car-
bonis Company, 67 Wells Street, Chicago.

'03. — ^Walter I. Johnson was recently married. He is diving in
Englewood, Chicago.

'04. — O. B. Drown, who affiliated with Chicago-Kent from
Georgetown, is engaged in the manufacture of wax and candles with
E. Schneider & Co., in the Fisher Building, Chicago.

D. H. Wamsley is assistant city attorney for the City of Chi-
cago with offices at 210 City Hall, Chicago.

BUFFALO.

'97. — Charles Diebold, Jr., was married on September 20th
last to Miss Lillian Timmerman, of 914 Franklin avenue, Cleve-
land, O. John P. Abbott, '01, was one of the ushers. Mr. and Mrs.
Diebold will make their home in Buffalo.

'99. — Nelson J. Parker of Dunkirk, N. Y., is the father of a
young daughter.

'00. — E. B. Collister has located in Sault Ste Marie, Michigan,
having formed a partnership with Francis T. McDonald, of Buffalo,
who was managing clerk in the offices of Bissell, Carey & Cooke,
Buffalo, for two years.

'01. — Frederick W. Spring is located with the Title Guarantee
and Trust Company, at 146 Broadway, New York City. He was
formerly with Moot, Sprague, Brownell & Marcy, Buffalo, N. Y.

40 DELTA CHI QUARTERLY

'02. — Franklin Kennedy has accepted a position in the legal de-
partment of the Metropolitan Street Railway Company, New York
City, under James L. Quackenbush, honorary member of the Buff-
alo Chapter.

OSGOODE HALL.

'97. — ^J. M. Hall is practicing law at 58 Sparks Street, Ottawa,
He has a branch office at Russel, Ont.

SYRACUSE.

'03. — John I. Gardner is a contractor at Baldwinsville, N. Y.

'04. — Charles L. Crane is in the law office of Lucius N. Man-
ley, at 103 Third St., Long Island City, N. Y.

John J. Harty is practicing law at Utica, N. Y. His office is
40 Mann Building.

UNION.

'02. — Rutherford W. Kathan is engaged in general practice at
320 Broadway, New York.

'02. — Edward C. Conway is connected with the office of his
father, the Hon. Martin D. Conway, honorary member of this
Chapter.

'03. — Charles A. Dunn has severed his connection with the firm
of Lewis, Watkins & Titus, Utica, N. Y., and is practicing in the
Mann Building in the same city.

'03. — L. W. Morrison has been admitted to the Connecticut
Bar and is practicing in Hartford.

'04. — John W. Badger passed the Bar examination in June
last and is asssociated with his father's firm of Badger & Cantwell,
Malone, N. Y.

WEST VIRGINIA.

'02. — Brothers Neeley & Lively, besides practicing law at Fair-
mont, W. Va., where they are deservedly popular, are very much
interested in the National Guard work in West Virginia. They
both have the rank of captain and are considered two of the most
efficient officers in the guard.

'02. — Brother Loeb is practicing law at Charleston. He is con-
sidered one of the strongest men who ever graduated from the
University of West Virginia.

'03. — R. M. Brown is practicing law at his home in New Cum-
berland. He has taken quite a prominent place in the local politics

DELTA CHI QUARTERLY 41

of his county, having been nominated for prosecuting attorney a
few weeks ago.

'03. — One of the most prominent young firms in central West
Virginia is Young and Zinn at Glenville. Brother Zinn was one of
the young hustlers at the recent Republican State Convention where
he was popular among the young "leaders."

'04. — Brother L. R. Burton, Yale '03, is practicing law at his
home in New Haven, Conn.

Dr. Edwin ,Maxey, honorary, Professor of International Law
in the University, is considered a very strong writer upon subjects
in International Law and Politics. His articles are much sought for
and appear at intervals in some of the best magazines in the coun-
try.

OHIO STATE UNIVERSITY.

'02. — Charles H. Stahl is practicing at Akron, O.
ex — '03. — Charles M. Emory is engaged in business at Stock-
dale, Ohio.

NEW YORK LAW

'03. — Barber B. Conable is acting as receiver for the Batavia
Gas and Electric Light Company, at Batavia, New York. He has
been conducting the business of the company since last March and
has pven up the law profession temporarily.

'03. — Charles F. Murphy has been nominated for the New York
State Assembly on the Republican ticket in the loth Assembly Dis-
trict of Kings County. The nomination is equivalent to an election.

'03. — Hamilton C. Rickaby was married on June 7, 1904, to
Miss Drucile Archer in New York City. He is with the Title
Guaranty and Trust Company.

'03. — Leroy W. Ross was admitted to the Bar in June and since
then has been the recipient of several receiverships in New York.

'03. — Leroy T. Harkness spent his vacation in the middle of
September on a trip to Buffalo, Toronto, the St. Lawrence coun-
try and Boston.

'03. — Edward D. Freeman was admitted to the Bar last June.
He is located at No. 5 Nassau Street, New York City.

'04. — Frederick C. Russell will take a third year at the Yale
Law School.

UNIVERSITY OF CHICAGO.
Ex. — '03. — G. P. Hambrecht, who completed his law course at

42 DELTA CHI OUARTERLY

Yale Law Schcx)! last June, has become a member of the firm of
Wipperman & Hambrecht with law offices in the Wood Block,
Grand Rapids, Mich.

ex — *o6. — ^John C. Moore, a charter member of the Chicago
University Chapter, is associated with the law firm of Beatlv, Snow
and Nesmith, at Toronto, Canada. Since October 12th he has been
active in the Osgoode Hall Chapter. His post office address is Box
12, Deer Park P. O., Ontario.

GEORGETOWN.

The Hon. George Bruce Cortelyou is chairman of the Repub-
lican National Committee.

The Hon. Charles A. Douglass spent the summer in Scotland
with several prominent members of the Washington Bar.

Professor J. Nota McGill has purchased a large new "red
devil" and has become quite a chaffeur. Brother McGill is very
much interested in Delta Chi nationality and without solicitation
sent his card to THE QUARTERLY. Those brothers needing
patent work attended to in Washington should not fail to place their
business in his hands. He is known nationally as an excellent man
in this line of work and does a very lucrative business. His offices
are in the McGill Building and his New York Offices are in the
Corn Exchange Building.

'03. — Francis Hunter Burke was assistant Sergeant at Arms
at the Democratic National Convention at St. Louis and later held
a proxy on the Democratic National Committee from Illinois.
Brother Burke evidently did good work, for "Tom" Taggart was
elected National Chairman from his state.

Asa Creed Gracie has launched out into practice at Little Rock,
Arkansas, with offices at 507 E. 6th Street. Brother Gracie has
passed the Bar Examinations of the District of Columbia and of
Arkansas.

Carl Barnett Rix has left Washington and is traveling in
Illinois, Wisconsin and Michigan in the interests of the Census
Office of the Department of Commerce and Labor. His headquart-
ers are in Chicago.

Leon A. Clark is confidential secretary to the Secretary of
Commerce and Labor with offices in the Willard Building. Leon
recently returned from California.

'03. — Elwyn Thornton Jones is practicing law in Fort Smith,
Arkansas. Reports recently reach Washington that he won a $15,000
railroad damage suit. Keep it up, Elwyn.

'04. — Those brothers visiting St. Louis' great attraction should

DELTA CHI QUARTERLY 43

incidentally meet Brother Harry J. Mohrman, Ex. — '04. Besides
being an excellent fellow, Harry is a good Delta Chi and will be
glad to meet any Delts who happen along. His address is 1901 E.
Grand Avenue.

'04. — ^Antonio M. Opisso y de Icaza recently arrived in
Manila, his home. A letter from Hawaii to the "C" of the active
chapter at Georgetown gave a mighty interesting account of the
trip to that point.

'04. — ^William W. Bride visited Chicago in September on his
way to St. Louis as representative of THE QUARTERLY for the
purpose of enlarging the subscription list. He found time while in
the "Windy City" to take a few hours oflf with his brother Delts,
who did their best to show him the town and its University. While
in Chicago he celebrated his natal day with a little dinner at the
"College Inn." He was most successful in arousing the interest of
the Alumni here and visited at least fifty Delta Chi's personally.
Brother Kopmeier, Georgetown '05, was in Chicago during Brother
Bride's visit and they, together with O. B. Drown, Georgfetown and
Chicago-Kent, '04, and Brother Rix, also of Georgetown, who is
engaged in United States Census work there, held a reunion. Broth-
er Walthers of Georgetown, who was introduced to the Washington
Delta Chi's through Hayes McKinney, Northwestern '03, was tem-
porarily absent from the city. He is staying at 532 North Normal
Park Way, when in Chicago.

44 DELTA CHI QUARTERLY

MIDlSUMMER meeting of the CHICAGO

ALUMNI CHAPTER

The first dinner of the Chapter for the ensuing year was held
August 30th in pursuance to the following notice:

> s.s.

State of Happiness
County of Goodfellowship

Before Chicago Alumni Chapter of Delta Chi.

The People of the State of Happiness to any Delta Chi —
GREETING :

You are hereby commanded to take the body of Max Murdock
and bring him forthwith before me, unless special bail be entered,
and if such bail be entered, you will then command him to appear
at the Bismark Garden, Evanston Avenue and Grace .Street, in said
County on the 30th day of August, 1904, at 6 130 P. M., very sharp,
to show cause why he should not enjoy a good a la carte meal, a stein
or two, free admission to the garden, good music and a pleasant
evening with his "Brother Delts" and to answer the complant of
Mr. Bismark for failure to pay him a certain demand therefor, not
exceeding the reasonable cost of said meals and steins; and hereof
make due return as the law directs.

Given under my hand this 20th day of August, 1904.

H. H. Bamum,
Temporary chairman of the entertainment committee.

RETURN :

Streator, 111., August 2T^ 1904.

H. H. Barnum,

Chairman Entertainment Committee.

Dear Sir : — ^The answer of Max Murdock by Prochein Ami :
Said Max Murdock cannot be produced on August 30th as specified
for the reason that he has departed the realm and is now in the
State of Misery at the Fair. Further this replicant sayeth not.

J. T, Murdock.

In pursuance to the above order, there was a large attendance
at said dinner. An enjoyable time was had and immediately there-
after, a business meeting was held. The question of securing and
furnishing a house for the University of Chicago Chapter was con-
sidered. A committee was appointed to purchase furniture which is
to be leased to the Chapter. This committee was to have in charge
the work of superintending the furnishing of the new house.

DELTA CHI QUARTERLY 45

The treasurer of the committee appointed to solicit subscrip-
tions reported that two hundred dollars of the four hundred and
twenty-five dollars subscribed had been collected. The fund raised
is to be loaned to the University of Chicago Chapter. This fund,
when repaid to the Alumni Chapter, will be turned into a sinking
fund for the purpose of securing Alumni rooms in the downtown
district.

At the meeting the following committees were named by Pres-
ident E. B. Witwer: Entertainment committee, R. K. S. Cather-

wood, Hayes McKinney and Marvin E. Bamhart ; revision of the
constitution, Russell Wiles, A. A. McKinley and H. H. Bamum;
house fund committee, H. H. Bamum, H. L. Bird and W. W.
Kerr; auditing committee, William C. Miller, W. S. Johnson and
Charles F. Rathburn ; membership committee, William J. Kirk,
Andrew Rutledge and S. J. Dillon.

Among others present at the meeting were Brothers Rix and
Walthers of the Georgetown Chapter. The meeting adjourned to
meet again on September 22th.

The Chapter has established a vigorous life and its finances
are in a prosperous condition. During the coming year it is planned
to co-operate with the University of Chicago Chapter for the pur-
pose of lending every aid to firmly establishing this organization.

A cordial invitation is extended to all Delta Chi men who vis-
it Chicago during the year to call upon the officers of the Alumni
Chapter whose addresses are as follows : Edward B. Witwer, presi-
dent, 407 La Salle Street; Arthur C. Snow, vice president, i Park
Row ; Andrew M. Strong, secretary, 714 La Salle Street ; Harry H
Bamum, treasurer, 1142 First National Bank.

46 DELTA CHI QUARTERLY

IRRELAVENT AND IMMATERIAL

A young graduate in law, who had some experience in New
York City, wrote to a prominent practitioner in Arkansas to inquire
what chance there was in that section for such a one as he described
himself to be. He said : "I am a Republican in politics and an hon-
est young lawyer." The reply that came seemed encouraging in its
interest: "If you are a Republican the game laws her will protect
you and if you are an honest lawyer you will have no competition."
— ^Argonaut.

The following letter was recently received by a member of the
Fraternity the State of Utah from a Justice of the Peace :

Sept 9, 1904-

Mr. , attorney.

Sir: — In the case of vs. Jud:firro«it (was rendered

September 6, iQOi, in favour of said Plaintiff for the sum of $22.50 and
Costs taxed at $6.20. Docket shoes $3.20 Paid by Plaintiff leaving a bal-
ance on costs due to Court expenses $3.oo. I wrote you a letter a few
days ago asking you to send a check for $3.00. I have received no ansiwei.
Court is entering jud<gment hy default in Justices Must open his Court

and swear at least one Witness I did in this case. Constable

gave evidence. Judgment entered according to law. Please send by re-
turn $3.00 balance due* on costs, Defendant has Plenty Property, yoa
are safe. Yours,

P. S. several Plaintffs received' Judgment in same d*efendant They
have paid costs without whimper, do the samet, defendant has plenty
means.

A story is told of a prominent New York lawyer who recently
had to pay a fine to one of the libraries in his city for having kept a
book six months overtime. The book was entitled "A Treatise on
Memory." He had forgotten to return it.

Young Hopeful — Father, what is a "traitor in politics?" This
paper says Congressman Jawweary is one.

Veteran Politician — A traitor is a man who leaves our party
and goes over to the other one.

Young Hopeful — ^Well, then, what is a man who leaves the other
party and comes over to ours?

Veteran Politican — A convert, my son. — Boston Transcript.

Our Exchange Editor has surrendered Washington to the Re-
publicans and retreated to Lincoln, Neb., where he will take up his

DELTA CHI QUARTERLY 47

habitat for the coming year. News from "Among the Greeks" will
come direct to THE QUARTERLY office by special leased wire.

A colored justice of the peace was called upon to perform the

duties of a coroner. The effects found on the corpse, which had
been taken from the river, proved to be a ten dollar biU and a re-
volver. The verdict of the court was a fine of ten dollars for the
corps for carrying a concealed weapon and the confiscation of the
property.

The plaintiff in a certain negligence case had been rendered in-
sane as a result of injuries sustained in an accident.

By permission of the Court, his attorney was permitted to put the
plaintiff on the stand, as it appeared he was the only person who
could possibly know any of the facts in the case, and at times he
seemed to tell an apparently coherent story in respect to the details
of the accident. The Court instructed the witness to tell the jury
just how the accident happened.

The witness, however, seemed too much disturbed by the ex-
citement of the court room to give any very intelligible account of
the accident which was caused by a collision with a street car as the
witness was driving a team of horses. Finally he was asked to tell
on what street he was struck by the car.

A. Well, I was struck on Smith street."

Q. You were struck on Smith street?"

A. "Yes, I was struck on Smith street. I was struck once on
Smith street and twice on Jones street."

Q. "Then you were struck three times ?"

A. Yes, Judge."

Q. "Is that all?"

"My God, Judge, wasn't that enough ?"

The Court thereupon decided that the witness was incompetent
to testify as to the facts of his case.

If it is decided to hold the next Convention in some city where
there is no chapter of Delta Chi, President Nettels ought to make a
bid for Des Moines by offering free transportation to all delegates.
The Chicago, Milwaukee and St. Paul might be induced to use its
good offices in this direction rather than lose the services of Nettels
for a week.

48 DELTA CHI QUARTERLY

BCX)K REVffiWS

Rumsey's Practice in Civil Action in the Courts of Record of the
State of New York under the Code of Civil Procedure. Second
Edition, revised and edited by William Rumsey and John S.
Shepherd, Jr., of the New York Bar. In three volumes. Pric^
$18.00. Banks & Company, Albany, N. Y., 1904.

This work requires no such detail of title as is given above for
its introductions to the profession. The members of the New York
Bar are more familiar with the old work, which was published fif-
teen years ago, than with almost any text book on the shelves of
their libraries. Rumsey's Practice has become inseparable from
the New York Code of Civil Procedure. Fiften years ago the au-
thor gave his first work to the profession and during those years
New York lawyers have come to appreciate in the fullest degree
the almost inestimable value of a work which serves, as this has
done, to render the complicated system of New York Code Prac-
tice, in some degree, intelligible.

Because of the high esteem in which the old work is held, there
is bound to be a universally warm welcome for the new work
throughout the State. The need for a handmaid to the Code was
never more pressing than at the present time. During the interim
of fifteen years the conditions of the practice of the State have un-
dergone a marked change, wrought by the innumerable amend-
ments and additions to the statutes, followed as these have been by
a long line of decisions which have resulted in many changes in the
rules since the first work was writtten.

It was the purpose of meeting these conditions and mak-

ing the old work conform thereto, that prompted a revision of the
old work. The burden of the task was assumed by John S. Shep-
herd, Jr., of the New York Bar, who worked under the advice and
supervision of Judge Rumsey. The new work has not destroyed
the individuality of the old, but on the contrary, has followed the
plan of the original treatise. Hence, it is not a new work that the
profession is asked to adopt, but rather one old and tried, rendered
doubly valuable by the reinforcement of a wealth of decisions and
other additions which bring the work complete down to date. In
each volume this increase in citations is the most notable feature,
but notwithstanding that there are more than 3,000 additional cita-
tions in the first volume and a proportionate increase in the other
two, the size of the work has not been greatly increased and is still
a work for convenient reference. The plan of the old work of fol-
lowing the order of Code sections as closely as convenience would
allow, has been retained in the Second edition. Each section is cited

DELTA CHI QUARTERLY 49

more at length than in the first edition, thus assuring accuracy and
rendering a continual reference to the Code itself unnecessary.

The edition is published in attractive form and bound in leath-
er. The type is large and legible and the paper is of good quality.
An exhaustive table of contents follows the preface in each volume.
A complete table of cases cited is contained in each. There is a spe-
cial index for each volume as in the old work and a general index
in the third. Numerous little changes in the text and the indices
which are not so noticeable at first glance, add gjeat value to the
new work over the old. The first and second volumes have been
followed by a booklet containing supplemental matter rendered
necessary by recent decisions and new statutes since these volumes
came from the press.

It is especially adapted to the needs of the young practitioner
and the beginner can hardly afford to be without its valuable assist-
ance in his first struggling experiences with the rules of practice.

The old lawyer knows its worth and will not fail to add it to his
library.

On the whole the work is one of the most valuable that has
been given to the New York Bar in several years and its worth
has already been proven by its large and continuing sales, which
Banks & Company report.

Volume 12 of the "Cyclopedia of Law and Procedure" under the
editorial direction of William Mack. A work of this character is
of especial value at a time when the growth of case law has at-
tained such large proportions, and often such conflicting interpre-
tation, that its exposition in a clean-cut, logical and accurate work,
is desirable to the speedy and orderly administration of justice,
and the protection of great public and private interests. The
American Lawi Book Co., New York City, 1904.
Volume 12 contains an excellent digest of "Creditors' Cuits"
by Roderick E. Rombauer, a writer of acknowledged ability, a short,
though reliable article on "Curtesy" by Charles H. Harriman, a
thorough exposition of "Customs and Usages" by John D. Lawson,
a careful and accurate compilation of the essential principles of
"Customs Duties" — of especial value to all customs officers — ^by
Frank E. Jennings, and a large number of definitions of adjudged
words and phrases prepared by George A. Benham. But the most
notable feature of volume 12 is an elaborate article, embracing over
900 pages, on "Criminal Law" by H. C. Underbill and Wm. Law-
rence Qark, both writers of national reputation. This article is a
complete and exhaustive review of the case law, written in a concise
and careful manner, illustrating the growth and development of
criminal law and procedure. With a thorough knowledge of the pro-
cess of arrangement and classification, and the needs of busy law-

so DELTA CHI QUARTERLY

yers — ^whose first aim is to "find the law"— the authors have shown
excellent judgment in the grouping of subjects under main divisions,
and the arrangement of sub-divisions, not only in respect to the body
of the work but in the diflferent divisions. The notes contain oopious
citations in support of the text — ^arrangfed in dose order — and num-
erous explanations of special circumstances and the law which has
been applied thereto. In short this article forms a short, compact
and accurate working treatise, covering the whole range of criminal
jurisprudence, well adapted to the use of the bench and bar alike.
This is shown by reference to three important topics: a — ^Jurisdic-
tion, which occupies 83 pages, well sustained by authorities; b. —
Evidence, covering 117 pages, treated in a thorough and exhaustive
manner ; c. — ^Trial, embracing over 300 pages, illustrating in a strik-
ing manner the subtleties of proceedings above courts and juries.

A strong, weU written, legal production, volume 12 takes its
place on an equal plane with the preceding volumes of the work.

Supplement to Gumming and Gilbert's General Laws and Other
General Statutes of the State of New York, with Index and Table
of Laws. Compiled and annotated by Robert C. Gumming and
Frank B. Gilbert. Volume 4, The Banks Law Publishing Com-
pany, 21 Murray Street, New York city. 1904.

The annotations and compilations of the General Laws and
Statutes of the State if New York by Messrs. Gumming and Gil-
bert have come to be recognized as the leading work on these im-
portant topics. The announcement, therefore, of the publication of
the latest volume of these authors, will be received with much satis-
faction by the profession. Volume 4 contains the amendatory and
other genera] Statutes enacted by the Legislatures of 1902, 1903 and
1904, together with the decisions of the courts construing the
Statute Law rendered since the publication of the original work of
Gumming and Gilbert in 1901. This work has been pronounced the
finest annotated Statute ever published in the State of New York
and the most cursory glance of the work will prove this assertion
to be well founded. Mr. Gumming is a graduate of Cornell of the
Class of 1889, and his excellent contributions have been a source of
profit and gratification to the bar generally, and to Comellians, in

profit and gratification to the Bar generally, and to Comellians, in
particular. .-'""[

DELTA CHI QUARTERLY

ATTORNEYS DIRECTORY

When necessary to en^loy counsel in anodier city, why not co

with a member of Delta Chi

ARKANSAS

Little Rock. Ark.

ASA C. GRACIE
503 E. 6th Street

Van Buren, Ark.
HENRY L. FITZHUGH

CANADA

Toronto

McMURRICK, HODGINS & McMURRICK

Barristers, Solicitors, Notaries, Etc.

103 Bay St^ Toronto, Canada

W. B. m'mURKICK, K. C. F. F. HODGINS, K. C.

J. D. m'MURKICK

All business forwarded to the firm will have

careful attention.

CANADA

COLORADO

Oakville, Ontario

W. ALEC CHISHOLM

C<rfborne Street

Trinidad, Col

EARL COOLEY
723 Pine St.

CALIFORNIA

Colorado Springs, Col.

Los Angeles, Cal.

GEORGE L. KEEPER
413 Currier Bai>Idin«

R. H. WIDDECOMBE

DELTA CHI QUARTERLY

ATTORNEYS' DIRBCTORY— Cootfamed

CONNECTICUT

New Haven, Conn.

LOUIS R. BURTON

Clark Bldg., 87 Church Street.

DISTRICT COLUMBIA

Washington, D. C.

J. NOTA McGILL

Patent, Trade-Mark and Copyright Law

McGill Building

New York Office, 15 William Street
Telephone Main 70

ILLINOIS

Chicago, III.

JOHN E. AMOS, Jr.

901 Journal Building
Long Distance Tel. Main 4401

Chicago, III.

HARRY H. BARNUM

1139 First National Bank Building

Attorney at Law

Long Distance Tel., Main 343B

Chicago, III.

EDWARD H. BARRON

6445 Monroe Avenue.

Chicago, III.

HARRY LEWIS BIRD

1315 First National Bank Bldg.
Telephones: Central 4869.

Automatic 3430.
Member firm Harris & Bird.

Chicago, III.
BITNER, WILES & SHER-

VEY

740 Monadnock Block.
Telephones: Harrison 1394.
Automatic 3392.

H. Bitner, Russell Wiles, Charles

O. Shcrvey.

Chicago, III.
ROBERT CATHERWOOD

Patent, Trade Mark, Copyright Law
1543 Monadnock Block

Telephone Harrison laSi

Chicago, III.
AARON R. EPPSTEIN

511 Ashland Block.

Chicago, III.

MARSHALL D. EWELL, M.D.

Suite 618-619, 59 Clarke St.

Examiner of

Di»pute(| Hand-writing, Ink, etc.

Chicago, III.
DANIEL W. FISHELL

1613 Asliland Block

Telephone Central 1547

Chicago, III.
GEORGE I. HAIGHT

605 Atwood Bldg.

DELTA CHI QUARTERLY

ATT0RNST8' DIRBCTORT— Contiiiiied.

Chicago, III.
HUSTON & SULLIVAN

WcDdel Huston Mark. J. Sullivan

Telephones: Central 852.
Automatic 3172.

(Chicago Kent ,01.)

Chicago, III.
JOSEPH F. PEACOCK

171 Washington Street,

Suite 609—10-11.
Telephone: 1459 Main.

Suite 1309 Ashland! Block.
Northern c. Clarfc and Randolph sts

Chicago, lU.
THEO C ROBINSON

Chicago, III.

WALTER S. JOHNSON
Room 44, 92 LaSallc Street

Tdeohone OiQ Main

Attorney-at-Law
822 New York Ufe Blilg.
Telephones — Central 938

Automatic 2054

Chicago, III.

WTTJJAM J. KIRK
13 Eldridge Court

Chicago, III.

MALCOLM B. STERRRTT
National Life Building

Telephone Central 5003

Telephone Harrison 654

Chicago, III.
THOMAS H. STEVENSON

205 La Salle Street, Room 518.

Chicago, III.

CH AISLES V. McERLEAN

Real Estate Loans an<l> Renting.

205 La Sall-e Street.
Room 422 Home Insurance Bldg.

Chicago, III.

KMTL C. WETTEN
184 LaSalle Street

Chicago, III.

A. A. McKINLEY
79 Dearborn Street
(O'BmnM ft McKiKLBT)

Chicago, III.

HAROLD F. WHITE

904-10 The Temple, 184 La Sa4Ie St.

Long Distance Telephone

Main 3815

Chicago, III.

HAYES McKINNEY

1610 Title and Trust Buildinc

100 Washington Street

Chicago, III.
EDWARD B. WITWER
Room 407, 153 LaSalle Street
Telephone Central 3396

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East St. Louis, III.
FLANNIGAN & SEITER

R. H. Flakkzgak O. R. Sum

Jackiesch Building

Phone. Bell East 345 M.

Freeport, III.

DOUGLASS PATTISON

Henry f 111.

FRED W. POTTER

Attorney at Law

INDIANA

Goshen, Ind.

S. E. HUBBELL

INDIAN TERRITORY

Tusla, I. T.

JOHN A. HAVER

Care of Randolph & Haver
H. W. Rakdolph John A. Havxb

KANSAS

Pittsburg, Kan.

JOSEPH LUTHER TAYLOR

Attorney at Law

MASSACHUSETTS

Boston, Mass.
JAMES P. MAGENIS

Rooms 62 and 65, 5 Tremont Street
Telephone Haymarket 868

MEXICO

Durango, Mexico
Estato de Durango

MANLY D. DAVIS
Apartado 79

Contult me with regard to Mining
Concessions

MICHIGAN

Detroit, Mich.
CARLETON G. FERRIS

406 Hammond Building

Telep-hone 2358
Of Hatch & Fskris

Grand Rapids, Mich.
HOWARD A. THORNTON

Mich. Tru-st Building

Jackson, Micb.
ROBERT CAMPBELL

Michigan Law 93"
Carter Building

<<-

MINNESOTA

Crookston, Minn.
CHARLES LORING
Opera Block

Firm name — Srsvavioif ft Lokzko
Halvoi Stsyikiok, M. C Ckarlh Louwo

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NEW JERSEY

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6io BoftOD Bk>ck

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JOHN A. HINES

483 Bloomfield Avenue

m ^ • •• V^*

Minneapolis, Minn.

W. R. BROWN

Sio New York Life

Newark, N. J.
JOSEPH KAHRS

164 Market Street

Minneapolis, Minn.
GEO. W. BUFFINGTON

NEW YORK

320 Temple Court

Albany, N. Y.

Minneapolis, Minn.

F. E. COVELL

840 Lumber Exchange

Minneapolis, Minn.

H. E. FRYBERGER

904 Nerw York Life

DANIEL T. CASEY
119 State Street

Of Cassy & Quxwif

Albany, N. Y.
JAMES NOLAN

13 N. Pearl St.

MISSOURI

Kansas Citv, Mo.

A. J. READ

616-617 American Bank Bldg.

MONTANA

Butte, Mont.

F. W. BACORN

Auburn, N. Y.
LOUIS E. ALLEN

131 Genesee Street

Auburn, N. Y.

DUDLEY K. WILCOX,
109-110 MetcaXf Building

Binghamton, N. Y.
ALBERT S. BARNES

93 tnd 24 McNaonmra BuHding

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Brooklyn, N. Y,

JOHN J. KUHN
189 Montagrue Street

(Cornell '98)

Brooklyn, N. Y.

L. WILLIAMS ROSS

375 Fulton Street.
Telephone: 4163 Main.

Buffalo, N. Y.

FRANK H. CLEMENT.
45-6 Ellicott Square

Buffalo, N. Y.
CLINTON K. DeGROAT

General Practice
118 Erie County Bank Building

Itsue commlMions to Clinton K. DeGromt
Notary Public, with Semi

Buffalo, N. Y.

CHARLES A. ORR

BufiEailo Savings Bank BuiMuig

Buffalo, N. F.

JAMES O'MALLEY

3 and 4 Erie County Bank Building

Of O'Malut, Smith & O'Malut

Dunkirk, N. Y.

L. A. KILBURN

315 Ldon Street

Fredonia, N. Y,
CLINTON O. TARBOX

Ithaca, N. Y.
MONROE M. SWEETLAND
147 East State St

Long- Island City. N. F.
CHARLES L. CRANE

103 Third Street.

Mineola, N. Y.

J. EDWARD DOWNING
Nassau Co. Surrogate's Office.

New Brighton, S. I.
LAWRENCE W. WIDDICOMB

New York City
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350 Broadway,

Hbjtbst W. Bischoff MAirroir M. Wyvsll

(Cornell) (Cornell)

Telephone 1831 Franklin

New York City, N. Y.
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76 William Street, Cor. Liberty St.
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New York City
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37 Liberty Street
Room 51

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New York City, N. Y.
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258 Broadway.

New York City

GOODALE, FILES & REESE

71 Wa'U Street

WlUUS C. GOODALB GSOBOB W. FiLU
RiCHMOHD J. RXBSX

New York City
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229 Broadnvay

New York City

W. T. GRIDLEY

271 Broadway

Nyack, N. F.,
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J. ELMER CHRISTIE

New York City, N. Y.
LEROY T. HARKNESS

26 Liberty Street.

New York City

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11-19 Williams Street

New York City

CHARLES F. MURPHY

220 Broadway

New York City

WILFRED N. O'NEIL

No. 115 Broadway
Telephone 4328 Cortlandt

Port Jefferson, N. Y.
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Bank of Port Jefferson Bldg.

Rochester, N. Y.

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Saratoga Springs, N. Y.
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403 IQrk 'BmUiof

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HARRY E. CUNTON

Troy, N. Y.

RAY E. NIMMO
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No. 17 First Street.

Trumansburg, N. Y.

CLINTON PAGE

Watsrtown, N. Y.

BRUCE N. MARTIN
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Akron, Ohio.

CHAS. H. STAHL,
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Cor. Main and MiU Streeta

Tiffin, Ohio.
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Altoona, Pa.
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S and 6 Scheok Bnildiog

Altoona, Pa,
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Greenville, Pa,
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Years of Experience, in All the Courts.

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Pittsburg, Pa.
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Salt Lake City, Utah
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Reading-, Pa,

15 and 52 Hooper BuiMdng

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43 N. Sixth Street
(Dickinson '97)

Salt Lake City, Utah

RICHARDS, RICHARDS &

FERRY

COUNSELORS AT LAW

Reading, Pa.

OLIVER LENTZ

534 Washington

McCormick Block
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Joseph T. Richards
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WASHINGTON

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Salt Lake City, Utah
PARLEY P. CHRISTENSEN

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9a// Lake City, Utah

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Pullman, Wash.
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Tacoma, Wash.
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ROBERT H. MOON

44 Citizens Bank Building

Glenville, West Va.

ZINN & YOUNG

Attorneys- at- law
L. D. Znnt Gut B . Touno

WISCONSIN

Madison^ Wis.
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state Bank Bldg.

Of BUBLL & DBirO

Grand Rapids, Wis.
Wipperman & Hambrecht,
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H. C WirmMAir G. P. Haicbuckt

ILLINOIS

Chicago, 111.

ANDREW RUTLEDGE, JR.
Rooms 1401-3 Hartford Bldg.

ANDREW R. SEXTON

Local Counsel
THE iETNA INDEMNITY COMPANY

COURT BONDS

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DELTA CHI KEYS

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LAWYER'S COMMON PLACE AND BRIEF BOOK,

WITB AN ALPHABETICAL INDEX OF NEAKLT

OHH THOUsniit) TITIiES RJit) SUBJECTS.

BY A MEMBER OP THE NEW YORK CITY BAR.

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Department of Fine Stationery, College
Invitations, Fraternity Engraving,
Programs, Monograms, Reception
Cards Sample Book of Stationery
Mailed on Applic

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WRIGHT, KAY & CO.

160-164 WOODLAND AVENUE

DETROIT, MICH.

JEWELERS AND ENGRAVERS

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PlBLISHEDBT-TflC -FRATERNITY

JANUARY. 1904

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Is a Complete Library

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PROMINENT LAWYERS SAY

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The American Law Book Company,

7« Wan&m Street.

evT OUT «!.>■«• TMr* tiNK

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The One Thing a Student
Should Learn at La'w School

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THE, LAI^TERS C > ivr
PUBLISHING

Wi: TDKC TLCASUnC IN ANNOUHCINQ THr

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United States Soprune Cotiri Reports

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United States Supreme Court Report*.

ISflTolainn. (17»(l Ui IBlla)

Price. S380.00

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The Banks Law Pubtlshlno Co.

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