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TTirso 



ELTA C 

QUARTERLY 



f1 




PUBLISHED-BT-TBE-fRATERNlTY 



APRIL, 1903 



y& 



UQ^^^ 



CONTENTS. 



talnxliioliftii 

Till? Faancliog of tha IMltK Ohi l^ratnmitr 

Tliu Cbleo^ CnDVitotiaD 

Tbe Fiatflrnity'B OffioeTtt 

CaiDmitlffrA of Inctimpiitunt Pnmon* 

TIu Homu of U>B Norliiwestern Dnivcnilf Law School 

TIm ImtaUation o( Now York L«tr Ohm^i-r 

Oticago Aliicnili Chaplet 

The Ninlh ^OQUOl CoiiTeDtioo 

Palltiim of thd liiQfir TcfopU o( Ibe CnivawttT et ChleAi-o 

Obsptor CorroupODdimRi 

Bditorisia 

AUuroav'n Diiw.-twi)- 



IS 
17 
20 



35" 



Delta Chi 
Quarterly 



HAROLD FERRIS WHITE 

TIic Tcaif It. Oitetfo- 

■USM&S MANAOEK 

eOWARD C NETTELS. 
Old C^bny Bld|t. Cbkic>. 



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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 " 



tt 



tt 



tt 



200 Harvard St. S. E. 



tt 



it 



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. 



tt 



tt 



tt 



tt 



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. " 



It 



It 



n 



tt 



tt 



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 
tt 
tt 



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 
tt 
tt 
tt 
It 



"A" 
"B" 

ttQn 

"D" 
"E" 
"F" 



UNION. 

Delta Chi House Albany, N. Y. 



It 



It 



It 



tt 



tt 



State Library 

221 Eighth St. Troy, 

Delta Chi House Albany, 



It 



tt 



It 



It 



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. " 



tt 



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- 



n 



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 



V 



\ ^^ 



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 



ts 

-^ 






\ 



<• • - - ■ 



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. 



65 



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. 



M 



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, 



67 



▲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 






m 




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- . 



^^V .V 


^3I 






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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. 









\> 



r 









. • 



.'/•* .- 



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. 



tt 

"( 



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 



40 



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 



41 



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 



42 



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) 

C hicago, 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 



43 



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 



44 



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 



45 



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 



46 



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 



47 



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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Tolophone 2239 38th St. 



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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. 

DE.LTA CHI FRATERNITY 

Invitations, and aii kinds Bng:raving: 
Cards, ••***••• and Printing 



C. E.. BRINKWORTH. 

331 Main Street. BUFFALO 



DELTA GHI QUARTERLY. 




BADGES 
AND 

PINS 



THE ABOVE fornu a larg» br&ncli of our buaiiiMa, and if 7011 
«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., 

Km In and, -li Pilm'i.- BUFFALO, N. Y 



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. M ii 



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. 

CBICAGO RAoVktfkttfAi. 1M V NCW YORK 

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DELTA CHI QUARTERLY 53 



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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 
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u>xt xiUM oinnoK*. ix i>. 
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W.J. PBII(OI«.t.UII. 
buiDcalle tulinooa 
BO-raoaiMs. U. B 



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



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JQBN C HaTHIS, a. B. 

toWtuiw on »^»iic Cuip'TiHoo infl 



» u, onatux. A- M . I.I. a 

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



I>R- O. rnAXK LTDSTtlti 



DAV SESSIONS 



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TITLE AND TItUST BUILDINQ - • CHICAQO. lUUNOIS 









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fir TiMorur llUOff N. 




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ONCVOLUMC. SECOND CDITIOH. •I.OD NET. 


^^^^H 


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


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Ul JAUB4 L. BorlflMS 






ONC VOLUME. •O.OO MET. 


^^H 




p 

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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 Russell— Police Power of the Stale. | 


B* AU'BKtl EOBSIXL 




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OnCVOLUWC. BUCKRKW, «.B0 NET. 


^^^H 






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1 Ewart— Law o! Estoppel | 


Br JliQS S. lIWfcaT- 






ONC VOLUME. tS-OO NCT. 


^^^H 




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• • -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 




S 


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

-DumuL 1.4" immau. 


■ 




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




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forsoliix leat en ^ppIkjiUon to 


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Callaghan & Co., 


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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 



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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 



3 1 9 9^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 



54 



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 



55 



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 


Chicago, III. 

WALTER S. JOHNSON 

Room 44, 92 LaSalle Street 
Telephone 919 Main 


Chicago, III. 

HAROLD F. WHITE 
904-10 The Temple, 184 La Sa'Ue St. 

Long Distance Telephone 
Main 3815 


Chicago, III. 

WILLIAM J. KIRK 

13 Eldridge Court 

Telephone Harrison 654 


Chicago, III. 

EDWARD B. WITWER 

Room 407, 153 LaSalle Street 
Telephone Central 3396 


Chicago, III. 

A. A. McKINLEY 
79 Dearborn Street 

(O'BKUV ft MCKIMLBY) 


East St. Louis, III. 
FLAiNNIGAN & SEITER 

R. H. Flammioam 0. R. Siim 
Jackiesch Building 

Pbooe. Bell East 345 M. 



56 



DELTA CHI QUARTERLY 



ATTOBmETff DZBBOTO&T— Oontinoed 



Freeport, III. 



DOUGLASS PATTISON 



INDIANA 



Goshen, Ind. 



S. E. HUBBELL 



wammmBt 



INDIAN TERRITORY 

Tulsa, I. T. 

JOHN A. HAVER 

Care of Randoliyh & Haver 
H. W. Randoltr John A. Havbb 



KANSAS 



Pittsburg, Kan. 

JOSEPH LUTHER TAYLOR 



Attorney at Law 



MASSACHUSETTS 

Boston, Mass. 

JAMES P. MAGENIS 

Rooms 62 and 65, 5 Tremont Street 
Tdepihone Haymarket 868 



MEXICO 



Durango, Mexico 
Estato de Durango 

MANLY D. DAVIS 
Aparta<lo 79 

Consult me with regard to Mining 
Concessions 



MICHIGAN 



Detroit, Mich, 
CARLETON G. FERRIS 

406 Ha<minond Borklmg 

Telep^hone 2358 
Of Hatch & Fcuis 

Grand Rapids, Mich. 
HOWARD A. THORNTON 

Mich. Trust Building 



MINNESOTA 



Crookston, Minn. 
CHARLES LORING 

Opera Block 



Firm name — Stevenson & Lobino 
Halvob Stevenson, M. C. Chablbs Lobinq 



Minneapolis, Minn. 



W. R. BROWN 



510 New York Life 



DELTA OHI QUARTERLY 



57 



▲TTOBHSYV DXBBOTOBY-Continaad 



Minneapolis, Minn. 
GEO. W. BUFFINGTON 

320 Temple Court 

Minneapolis, Minn. 

F. E. COVELL 

840 Lumb Street 

Minneapolis, Minn. 

H. E. FRYBERBER 

904 New York Life 



Minneapolis, Minn. 

GEORGE R. SMITH 

610 Bos-ton Block 

MONTANA 

Butte, Mont. 

F. W. BACORN 

NEW JERSEY 

Monickdr, N. J. 

JOHN A. HINES 

483 Eloomfield Avenue 



Newark, N, J. 
JOSEPH KAHRS 

164 Market Street 



NEW YORK 



Albany, N. Y. 
DANIEL T. CASEY 

119 State Street 

Of Casey & Quinn 

Albany, N. Y, 
JAMES NOLAN 

13 N. Pearl St. 

Buffalo, N. Y. 
FRANK H. CLEMENT 

45-6 Ellicott Square 

Auburn, N. Y. 
LOUIS E. ALLEN 

131 Genesee Street 



Auburn, N. Y. 
DUDLEY K. WILCOX. 



109- 1 10 Metcalf Building 



58 



DELTA CHI QUARTERLY 



ATTOBVSYS' DIBBOTOBT— Continued 



Binghamton, N. Y. 

ALBERT S. BARNES 

23 and 24 McNamara Building 


Buffalo, N. Y. 
JAMES O'MALT^EY 
3 and 4 Erie County Bank Building 
Of 0*Maxxsy, Smith ft O'Maluy 


Brooklyn, N. Y. 

JOHN J. KUHN 

189 Montague Street 
(CorneU '98) 


Dunkirk, N. K. 
KILBURN & SIMONS 

315 lion Street 
L. A. KiLBUKN A. B. SiKom 


Buffalo, N. Y. 

CLINTON K. DeGROAT 

General Practice 
118 Erie County Bank Building 

luue oommissions to Clinton K. DeGroat 
Notary Public, with Seal 


Fredonia, N, Y, 
CLINTON 0. TARBOX 


Buffalo, N. Y. 

CHARLES A. ORR 

Buffalo Savings Bank Building 


Ithaca, N. Y. 
MONROE M. SWEETLAND 

147 East State St. 







Buffalo, N. Y. 



EDWARD M. SHELDON 



614 Mutual Life Building 



Mercantile Litigation 



New Brighton, S. I. 



Lawrence W. Widdioomb, 



New York City 
CASE & NEWKIRK 

L Baitom Case L Hauiouck Nbwkiis 

German-American BIdig 

Telephone 7965 Cortlandt 



DELTI CHI QUARTERLY 



59 



ATT0&NEY8' DIBEOTOBT— Continued 



New York City 

J. EDWARD DOWNING 

100 Broadway 



New York City 

GCX)DALE, FILES & REESE 

71 Wa'U Street 

WiLBUl C GOODALB GSOKGB W. FiLBS 

Richmond J. Risss 



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 Joha 

New York City 

WILFRID N. O'NEIL 

No. IIS Broadway 
Telephone 4328 Gortlandt 



New York City 
STERLING ST. JOHN 

229 Broadway 



New York City 
MANTON M. WYVELL 

Room 23 Equitable Life Building 
120 Broadway 

Nyack, N. F., 
Rockland County 

J. ELMER CHRISTIE 



Rochester, N. Y. 
D. CURTIS GANO 

919, 921 and 923 Granite Building 

Prompt attention to all business for 
Correspondents 



St. Jobnsville, N. F. 



GEORGE C. BUTLER 



Saratoga Springs, N. Y, 



M. E. McTYGUE 



14 Town Hall 



6o 



DELTA CHI QUARTERLY 



ATTOBVXTV DXBBOTOBY-OoDtiBaad 



Stapleton, Staten Island 
206 Broadway. New York 

L. W. WIDDECOMBE 



Syracuse, N, Y. 

THOMAS W. DIXON 

714 Onondaga 

County Bank Btuldinig 

Syracuse, N, Y. 

HARRY H. STONE 

402 Kirk Buikiing 



Troy, N. Y. 



HARRY E. CLINTON 



Trumansburg, N. Y. 

CLINTON PAGE 



Watertown, N. Y. 



BRUCE N. MARTIN 



6 Flower Building 



White Plains, N. Y. 
ERASER BROWN 
Westchester County Titles, 
124 Railroad Avenue 

OHIO 

Akron, Ohio. 
CHAS. H. STAHL, 

Central Office Building 
Cor. Main and MiH Streets 



Tiffin, Ohio 



CLYDE C. PORTER 



PENNSYLVANIA 



Altoofta, Pa. 
J. BANKS KURTZ 

5 and 6 Schenk Building 



Altoona, Pa. 



ROBERT A. HENDERSON 



Schenk Block 



DELTA CHI QUARTERLY 



6i 



ATTOBVEY8 DIBBOTOBT— OonUnuad 



BellefOfite, Pa, 



W. HARRISON WALKER 



Reading, Pa, 
HARRY F. KANTNER 

43 N. Sixth Street 
(Dickinson '97) 



Greenville, Pa. 

GUY THORNE 

Greensville National Bank Bitflding 



Mt, Carmel, Pa, 

A. F. JOHN 
6 and 7 Guaranty Trust Building 



New Cumberland, Pa, 

A. J. FEIGHT 

Third and Market Square 



Philadelphia, Pa, 

PAUL M. ROSENWEY 

1308 Land Title Building 



Pittsburg, Pa. 



NEIL ANDREWS 



»26 Fnck BtiikHnfir 



Reading, Pa. 



OLIVER LENTZ 



534 Washington 



SOUTH DAKOTA 

Sioux Falls, S, D, 

Sioux Falls Savings Bank 

ROGER L. DENNIS 

Assistant Cashier 

UTAH 

Salt Lake City, Utah 
ROLLIN W. DOLE 

407-408 Auerbach Buildinig 



Salt Lake City, Utah 



WILLIAM M. McCREA 



22 East First South Street 



6a 



DELTA CHI QUARTERLY 



ATTO&NEYS' DIBBOTOBT— Continued 



Salt Lake City, Utah 
PARLEY P. CHRISTENSEN 

(County Attorney) 



Salt Lake City, Utah 
C. S. PRICE 
15 an<l 52 Hooper Buildiing 



WASHINGTON 



Pullman, Wash. 



P. W. KIMBALL 



Tacama, Wash. 

ARTHUR R. WARREN 

501-502 Fidelity Bldg 

Telephone Black 1503 

WEST VIRGINIA 



Charleston, W. Va. 



LEO LOEB, 



33 Citizens National Bank 



Fairmount, W. Va, 
ALLISON S. FLEMING 

Peoples' Bank Buildring 



L. D. ZllfN 



Glenville. West Va. 
ZINN & YOUNG 

Attomeys-at-law 

Guy B. Youno 



Parkersburg, W. Va. 
ROBERT H. MOON 

44 Citazens Bank Building 



WISCONLIN 



Grand Rapids, Wis. 
Wipperman & Hambrecht, 
Wood Block 

H. C. WippBRicAN G. P. Hambucht 



The duarterly Board earn- 
estly requests that mention 
be made of "The Delta Ohi 
Quarterly^ in corresponding 
with advertisers 



DELTA CHI QUARTERLY 



63 



J. F. Newman ^L;fJZl?r 



i*aMMiM 



OFFICIAL FRATERNITY JEWELRY 

DELTA CHI BADGES 



Fraternity and College Badges, 
Rings, Seals, Charms, Specialties 

DESIGNS AND SSTIMATSS 

ELEVEN JOHN STREET:::NEW YORK 



Law Briefs and Points 



WE 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 Dcpartment;;;;;;;;Ithaca, New York 

PRINTERS OF THE DELTA CHI QUARTERLY 



DELTA CHI QUARTERLY 



CAFE FRANCIS, 

Nes. 93 and 66 Wo«t 36th St., NEW YORK 

T«l«phon« 2239 3ath St. 



FRENCH RESTAURANT. 

TABLE D'HOTE and A'LA CARTE. 

Unexcelled Service and Music. 

^(^'T'T/^P' SPECIAL arrangements will be made for the entertainment 
i^v^ A AV^J^ ^^^ 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. 



DELTA CHI FRATERNITY 

Invitations, and aii kinds Engraving 
Cards, •••^*- and Printing 



C. E. BRINKWORTH, 

331 Mkin Street. WUFWAX^fX 



DELTA CHI QUARTERLY 6$ 



Manufacturing Jewelers Masonic and Secret 

and Silversmiths Society Work 



CHARLES I. CLEGG 

Ofl&cial Fraternity Jeweler 

6i6 CHESTNUT ST., PHILADELPHIA 



Send for Price List and Illnstrations of Fraternity 
jeWBLRY AND NOVELTIBS 



College and Class Badges, Prizes 

Pins and Canes and Medals 



^m^9m 



66 DELTA CHI QUARTERLY 

KING a EISELE, 






1 



T 



DBLTA ONI. 



Buffalo, N. Y. 

Manufacturers of 

Glass Pins, Medals, Etc 

Estimates and Designs ^ "•'"••'••^ XMii««tioii 



No Order Too Small. 



No Order Too Large. 



C. M. BELL PHOTO CO., 

463-466 Penn A. venue 



High. Grade Ph.otograph.er 

Washington, D. C. 
SPECIAL RATES TO COLLEGE STUDENTS. 



IMC LEGAL CLASSIC SERICS 

REPRINTS OF THE OLD MASTERS 

HfliYllle Brittoi, llttloi's Teiiires aii The Mirror of Mces 

Let us tend you partioulArs. 

JOHN BYRNE CO., Uw Boolcelkn and Publisher, 

VASHXVOTOir, D. O. 



DELTA CHI QUARTERLY 



67 



INDELIBA 

(Trad« Mark) 

NON-GREASE 

Type-Writer Ribbons 
and Carbons . . 

out HBNNS m CAUONS NN7 SOIL THE lANK U f OH 

8«nd for 50 contA worth of PRCC GARB0N6 and GATALOGUC of 

TYPCWRITCR 8UPPUM. 



IISDCLIBA MAISUrAGTURIISG GO., Dept. S« 

ROCHESTER. N. Y. 

NCW YORK. PITTSBURG. LONDON. €T. LOUI& 



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 CAQLC ST. 

BUFFALO, N. Y. 



Btttamd Pnmiw 



to48 



Stationery 



AND 

GENERAL 
PRINTING 



68 DELTA CHI QUARTERLY 

S. N. mil, ianyML WASBINWON, D. l 



MANUFACTURER OF 



College, School, Class and fiitcniity Jewelry. 



DELTA CHI PINS, $2.50 UPWARDS. 



LAWYER'S CONNON PLACE AND BKIEf BOOE, 

WITfl AN ALPflABETICAL INDEX OF NEARLY 

OfiE THOUSAfiD TITliES AfiD SUBJECTS. 

BY A MEMBER OP THE NEW YORK CITY BAR. 



The plan of this work grew out of the author's own wants, and his experience ia 
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 
Dracticing attorney including Fulbec, Roger North, Lord Hale, Phillips and Locke. Lora 
North says, "Common-placmg is so necessary that without a wonderful, I mi^t say 
miraculous fecundity of memory, three parts of reading in four will be utterly lost to oat 
who useth it not." That distinguished and accomplished scholar, William Wirt, remarld, 
*'01d 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 you 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 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 tuna of valuable legal knowledge 
at his ready command. The plan of this work will be found sufficiently ^neral anid 
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 pace is 
ruled wide enough to give room for the word or subject. 

Printed on fine quality of linen led^jer paper. Bound leather back and cor- 
ners, marbled paper sides. Size, 8x9, 300 pages, $3.00. 

SIZE 8x9, 1000 PACES, BOUND FULL LEATHER, RUSSIA ENDS AND BANDS. $5.00. 

EXPRESS PAID. 

WILLIAMSON LAW BOOK CO., 
Cstablishad 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 PIN5 . 

EDMUND Q. HINES, Watches and Diamonds, 
921 F street, N. W. WASHINGTON, D. C. 



DELTA CHI QUARTERLY 



69 



New| Hotel Kenmore 

ALBANY, NEW T O R K 




Strictly 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 

LiLW Printing aind QuicK Print- 
ing are Synonymous Terms 



Abstracts, briefs, trust deeds, records and leases 
our Specialty. Business outside of Chicago will 
receive prompt attention. 



Barnard &^ Miller^ Law Printers 

Nos. 44 and 46 LaSaUe Street, CHICAGO, ILL. 

TELEPHONE MAIN 904; HOUSE1053 AUSTIN 



ji ■ ^- II ■. 



>■ , 1 



70 DELTA CHI QUARTERLY 

Ctimniceiieflt InvMoos mi Pn^ams. Colk^ 

Friternity Note Paptr. 



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 

leiiii^ lines of (xm'% lod Harf s Pipers-Also Cheipcr Gnles 

of Papers for Every Day Use 
Write for Quotations andlnformation 



THE WHITE-EVANS-PENFOUI CO., 

3I2-3N liii Sired, li 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, club, 
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. aASTIAN BROS., K 21 South Ave., Rochester, N. Y. 



DELTA CHI QUARTERLY 



71 




Judges' apd Counselors' GovA/r^s 

Gottell & Iieorpatd 

Albany, fi. Y. 

CAPS AND GOWNS 
Bulletip, San^ples, Etc. Upon t^equest 



THE CHAS. H. ELLIOTT CO. 

THE LARQCST COLLCQC CNQRAVINQ HOUSE IN THE WORLD 

Works: 17th Stroot and Lohigh Avonuo, PHILADELPHIA, PA. 

ComnieocemeDt MtBtioDS lod Class Day Pro^nms 

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 LAWTEISSLAGER 

DIAMOND StTTLlt 

NANUFAGTUeiNG JEWELER 

DELTA GHI FRATERNITY PINS 

Opposite Kenmore Hotel 

(Up Stairs) 

No. 71 N. Pearl St., Albany, N. Y. 



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 Session 3130 to 6 P. M. Evoning Session 8 to 10 P. M. 

Grants Dogroo L. L. B., L. L. M. and J. D. 

Candidates for the desree of Bachelor of Laws are required to pursue courses which amoun 
to twenty-five (25) hours of lectures weekly. These may be completed in two years with 
twelve and one-half hours work per week for each year. If the work is taken entirely in 
the evening, thirty (30) hours weekly are required, distributing over three years with 
ten hours per week. A choice of forty courses covering seventy hours of work is open to 
applicants for higher degrees of Master of I«aws and Juris Dector. The law library contains 
over 17,000 volumes. 

TUITION $100 PER YEAR 
Fop CIroulars Addross, L. J. TOMPKINS, Roglstrar, 

Washington Squaro, Now York City 



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 REV IEWS 

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 



63 



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 



64 



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 



65 



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 



66 



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 



S8 



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. 



Co 



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, 

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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 
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331 Main Street, BUFFALO 



DELTA CHI QUARTEROL^Y. 75 



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Nanufacturers of 

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Estimates and Designs ^"'"'■"•o XpRHMtton 




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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 

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WAflBXVOTOV, D. 0. 



76 



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 



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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 



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J 



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. 

w 

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. 



k 



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 



47 



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. 


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 



49 



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 



so 



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 



51 



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. 



52 



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. 



53 



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: 



54 



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 


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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 



1 




■^ 






The . . . 




•pHE Delta Chi Quarterly is 
the official organ of the 




Delta Chi 




Delta Chi Fraternity, estab- 
lished by the Eighth Annual 
Convention, Chicago, IlL, Ju- 




Quarterly 




ly ix, z9oa. Published in Jan- 
uary, April, July and October 
of each year. Subscription 




m 




price $x.oo per year, payable 






in advance. Single copies 








twenty-five cents. Cards of 




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Articles on legal topics 




No. 3S0 Broadway 




and contributions of general 




NE,W YORK CITY 




interest to the Fraternity, are 
solicited from all members. 


. 









DELTA an CHAPTER ROLL 

ACTIVE CHAPTERS 

EstabUshed. 

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 

IDickinson 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 

ALUMNI CHAPTERS 
Chicago Chapter 1902 

New York City Chapter 1903 



BOARD OF MANAGERS 

OFFICERS 

President: Edward C. Nettels: Des Moines, Iowa. 

Secretary : Floyd L. Carusle, Watertown, N. Y. 

Treasurer: Rufus G. Shirley, 1133 Broadway, New York Qty. 

OTHER MEMBERS 

Harry H. Barnum, 1139 First National Bank Bldg., Chicasfo, 111. 

William W. Bride, Lincoln, Neb. 

Otis S. Carroll, 54 WaBl St., New York City. 

Frederick Dickinson, 12 Snell Hall, University of Chicasro. 

Edward D. Freeman, s Nassau St., New York City. 

Hugh R. Fullerton, Havana, 111. 

LeRoy T. Harkness, 26 Liberty St., New York Qty. 

A. Frank John, Mt. Carmel, Pa. 

John J. Kuhn, 189 Montague St., Brooklyn, N. Y. 

James O'Malley, Erie County Savings Bank, Buffalo, N. Y. 

H. Norman Smith, Ddta Chi House, Ann Arbor, Mich. 

Russell Wiles, 740 Monadnock Bldg., Chicago, 111. 



CHAPTER ^CS/^ 

CORNELL UNIVERSITY 
Earl H. Kelsey Delta Chi House, Ithaca, N. Y. 

NEW YORK UNIVERSITY 
C3iester 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 Delta Chi House, Ann Arbor, Mich. 

DICKINSON UNIVERSITY 
Herbert F. Laub Carlisle, 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 Syracuse, N. Y. 

UNION COLLEGE 

Joseph H. Vanderlyn '. . .Delta Chi House, Albany, N. Y. 

UNIVERSITY OF WEST VIRGINIA 
Harry G. Scherr Charleston, West Va. 

OHIO STATE UNIVERSITY 
Gilbert Fuller Columbus, 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 

Joseph Tarblel Dyer, Jr Delta Chi House, Washington, D. C. 

UNIVERSITY OF PENNSYLVANIA 
John M. Hutchinson 800 N. 41st Street, Philadelphia, Pa. 



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. 




I 

i 

• ■ 





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 




y 






A 



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 ME MBER S 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 




22 



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 

t 

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. .-'""[ 



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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. 



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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 



54 



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ATTORNEYS' DIRBCTORY-Continoed 



Chicago, III. 
DAVID B. WOODWORTH 

Suite 1 109, Ashland Block. 
Telephone, Central 2054. 

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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AITORNBYS' DIRBCTORY— ContiiiaBd. 



Minneapolis, Minn. 


NEW JERSEY 


GEORGE R. SMITH 
6io BoftOD Bk>ck 


Montclair, N. J. 

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 



S6 



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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 
BISCHOFF & WYVELL 

350 Broadway, 

Hbjtbst W. Bischoff MAirroir M. Wyvsll 

(Cornell) (Cornell) 

Telephone 1831 Franklin 

New York City, N. Y. 
HENRY C BROOKS 

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

New York City 
ERASER BROWN 

37 Liberty Street 
Room 51 



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CASE & NEWKIRK 

L. Baxtoit Casi L. HAtBXOUcx Nbwkzbx 
Gcrman-Afnerican BJdig 

Telephone 7965 Oortlindt 


New York City, N. Y. 
W. RUSSELL OSBORNE 

258 Broadway. 


New York City 

GOODALE, FILES & REESE 

71 Wa'U Street 

WlUUS C. GOODALB GSOBOB W. FiLU 
RiCHMOHD J. RXBSX 


New York City 
STERLING ST. JOHN 

229 Broadnvay 


New York City 

W. T. GRIDLEY 

271 Broadway 


Nyack, N. F., 
Rockland County 

J. ELMER CHRISTIE 







New York City, N. Y. 
LEROY T. HARKNESS 

26 Liberty Street. 

New York City 

CHAS. H. MOORE 

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. 
RALPH J. HAWKINS 

Bank of Port Jefferson Bldg. 



Rochester, N. Y. 



D. CURTIS GANO 



St. Jobnsville, N. Y. 
GEORGE C. BUTLER 



Saratoga Springs, N. Y. 
M. E. McTYGUE 



14 Town Hall 



58 



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L. w. widdecomb: 

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HARRY H. STONE 
403 IQrk 'BmUiof 

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HARRY E. CUNTON 



Troy, N. Y. 

RAY E. NIMMO 
ATTORNEY. 

No. 17 First Street. 



Trumansburg, N. Y. 

CLINTON PAGE 

Watsrtown, N. Y. 

BRUCE N. MARTIN 
6 Flower Building: 

OHIO 

Akron, Ohio. 

CHAS. H. STAHL, 
Central Office Building 

Cor. Main and MiU Streeta 



Tiffin, Ohio. 
CLYDE C PORTER 



PENNSYLVANIA 



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J. BANKS KURTZ 

S and 6 Scheok Bnildiog 

Altoona, Pa, 
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Schenk Block 



Belief onte. Pa. 
W. HARRISON WALKER 

Greenville, Pa, 
GUY THORNE 

Greeimlle National Bank B-tii(Idiiig 

MU Carmel, Pa. 
A. R JOHN 

6 and 7 Guaranty Trust BmldinfiT 

New Cumberland, Pa^ 
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Philadelphia, Pa. 



WILLIAM H. PEACE 



Attorney at Law 

Offices: 1308-09 Land Title Building, 

Broad and Chestnut Streets, 

Philadelphia, Pa. 

Years of Experience, in All the Courts. 

WILLIAM S. PEACE 

(Cornell.) 



Philadelphia, Pa. 


Philadelphia, Pa. 


ALBERT S. LONGBOTTOM 


PAUL M. ROSENWEY 


1218 Steven-Girard Bldg. 


1306 Land Tkle Building 



Pittsburg, Pa. 



NEIL ANDREWS 
(Cornell '00.) 



1228 Frick Bldg. 



Pittsburg, Pa. 



Pittsburg, Pa. 
WILLIAM LE GOULLON 

422 Bak«well Buildtn^ 
Long Distance TekpiK>ne» — 

C D. & P. 323 Oourt, 
P. & A 93 Mttia 



Reading, Pa. 



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Sioux Falls Savings Bank 


ROGER L. DENNIS 
Assistant Cashier 


Salt Lake City, Utah 
C. S. PRICE 


Reading-, Pa, 


15 and 52 Hooper BuiMdng 


HARRY F. KANTNER 

43 N. Sixth Street 
(Dickinson '97) 


Salt Lake City, Utah 

RICHARDS, RICHARDS & 

FERRY 

COUNSELORS AT LAW 


Reading, Pa. 

OLIVER LENTZ 

534 Washington 


McCormick Block 
Franklin S. Richards 
Joseph T. Richards 
Edward S. Ferry, 
(Michigan, '96) 








WASHINGTON 



UTAH 



Salt Lake City, Utah 
PARLEY P. CHRISTENSEN 

(County Attorney) 

9a// Lake City, Utah 

ROLLIN W. DOLE 
407-408 Auerbach Building 

Salt Lake City, Utah. 

EDWIN S. FERRY 
McCormick Bldg. 



Pullman, Wash. 
P. W. KIMBALL 

Tacoma, Wash. 
ARTHUR R. WARREN 

501-502 Fidelity Bldg 

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WEST VIRGINIA 

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LEO LOEB, 
33 Citizens National Bank 



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ALLISON S. FLEMING 

Peoples' Bask Buildiiig 

Parkersburg, W. Va. 

ROBERT H. MOON 

44 Citizens Bank Building 

Glenville, West Va. 

ZINN & YOUNG 

Attorneys- at- law 
L. D. Znnt Gut B . Touno 



WISCONSIN 



Madison^ Wis. 
ALBERT R. DENU 

state Bank Bldg. 

Of BUBLL & DBirO 

Grand Rapids, Wis. 
Wipperman & Hambrecht, 
Wood Block 

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 

AND CORPORATION LAW 

632 National Life Building, Chicago 



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DELTA CHI QUARTERLY 69 

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. 



The plan of this work grew out of the mtithor't own wants, and his experience in 
using other common-place books. Its practical utility has been tested by his own e:q>er- 
ience. The usefulness of some sort of a common-place book is recommended by every 
practicing attorney includin^f Fulbec, Roger North, Lord Hale, Phillips and Locke. Lord 
North says, "Common-placmg is 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 distinguished and accomplished scholar, William Wirt, remarks, 
**01d fashioned economists will tell you nerer to pass an old nail or an old horse-shoe, 
or buckle, or eren a pin, without taking it up, because although you ma;r not want it 
now, Tou will find use for it sometime or other." This prindple is eq>ecially true with 
regard to legal knowledge. The author, in his legal stuoT ana practice, has endearored 
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CHICAGO-KENT COLLEGE OF LAW 

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