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Spring 1952 Barrister News, volume 1, issue 1 St. Mary's University School of Law

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This Newsletter is brought to you for free and open access by the School of Law Publications at Digital Commons at St. Mary's University. It has been accepted for inclusion in Barrister News by an authorized administrator of Digital Commons at St. Mary's University. For more information, please contact [email protected]. FROM ST ·MARY'S UNIVERSITY SCHOOL OF LAW /OLUME 1 SPRING SEMESTER, 1952 NUMBER 1 WHAT PRICE UNITED NATIONS? ;:>ERHAPS the greatest sin- BURNEY CALLS FOR ACTION gle contribution of our merican system of government "During the past few years the 'world civilization is the high conscience of this country has ~gree of personal liberty wrestled with the most terrible aranteed to individuals under problem of 'balancing individual freedom ana national security. e United States constitution. When existing institutions and 1 wyers have played an in dis- cherished traditions come under .Jensable role in the creation and attack, the public can only judge 'lterpretation of this living docu­ their worth if they are defended ent through which a free people by people familiar with their ve sought •• • • • to form a more strengths ••• By and large, the ~ct Union, establish Justice, attitudes of the Bar have indi­ and secure the Blessings of cated silent acquiesence in, and !rty to ourselvP.s and our Pos- even occasional affirmative sup­ .1ty, ••• ".Preamble, United port for. innovations affecting itates Constitution. Lawyers, personal freedom that would have therefore. in the best traditions of raised ·some of our predecessocs the profession, have the solemn from the dead." duty of protecting the social ad­ vances which have been made in So declared the Honorable Cecil accord with the salutary purposes E. Burney, President of the state of our Union. Bar Association of Texas speak­ In the wakP. of American partici­ Cecil E. Burney ing before the Annual Barristers pation in tne United Nations, the Club Banquet honoring the Jus­ international organization which cle VI (U.S. Constitution) which tices of the Supreme Court of has as its primary purpose the ab­ declares that "This Constitution, Texas and the Fourth Court of olition of war as an instrument of ••• ; and all Treaties made ••• Civil Appeals of San Antonio held national policy. Charter of the under the Authority of the United in the Menger Hotel on Thursday United Nations; Preamble: Article States, shall be the supreme Law May 1st. 1, Section 1, have come efforts, «of the Land; ... The "treaty power" Mr. Burney further warned that with the fullest cooperation by the is an inherent power of the Federal the lawyer as minister of Justice government of the United States, government. Weaver, Constitution­ is the only profession capable of to proselyte other nations and al Law. p. 178; U.S. vs. Curtis­ heading off the trend towards a peoples to the American concept Wright Export Corp., 299 U.S. 304. welfare state. That not only has of the fundamental dignity and Aside from the prohibition against the profession a right to defend rights of the individual. Foremost the conclusion of treaties on the the Constitution but that it is the among these efforts is the Geno­ part of the states, U.S. Constitu­ duty ot the lawyer by his oath of cide Convention. Publications of tion Art. I, No. lO, the sole spe­ office to defend the Constitution Bar Associations and Law Schools cific additional Constitutional and explain to the layman the have included a plethora of arti­ provision touching the subject is effects of any minute changes in cles, pro and con, upon the Inter­ that setting forth the manner of our laws and procedure affecting national Covenant of Human exercise of this power, U.S. Con­ his personal freedom and property Rights, but limitations of space stitition Art. II, No. 2. To this, of rights. preclude all but a general refer­ course, must be added the inter­ Honor guests at the banquet in­ ence to these materials. pretations given by the Supreme cluded associate Justices W. st. Briefly stated, the conb"oversy Court, Marbury vs. Madison, 1 John Garwood, G. B. Smedley, centers about the wisdom of entry Cranch 137. Will Willson, Meade F. Griffin of into the compact with other nations There has never been any doubt the Supreme Court of Texas; Chief because of the sweep and force· of but that treaties of the United Justice w. 0. Murray. Judge Jack the "treaty power" under the Con­ States ranked higher on the scale Pope and Judge James Norvell of stitution. Unlike most nations, the of supremacy than did State laws the Fourth Court of Civil Appeals provisions of a Treaty of the or Constitutions. U.S. Constitution and Dean Ernest A. Raba and Rev. United Sta ~es are self-executing Art. VI, No. 2; Hauenstein vs. Louis Blume, President of st. because of the provisions of Arti- (Please turn to page L) Mary''s University. Page Two BARRISTER NEWS Barrister News WHAT PRICE UNITED 580, are generally relied upon as NATIONS rcont'd trom page 1) authority for this proposition. If Edited & Published by this is the correct interpretation Lynham, 100 U.S. 483; U.S. vs. of the llead Money Cases, it BARRISTER'S CLUB Belmont, 301 U.S. 324; U.S. vs. would seem to have been consid· I rom St • .Mary's University School of Law Pink, 315 U.s. 203, The traditional erably weakened by Holmes' opin­ doctrine has been to place treat­ ion in Missouri vs. Holland, 252 .Member of ies on a par with Acts of Con­ U.s. 416. An alternative analysis AMERICAN LAW STUDENTS ASS'N gress upon the scale of supremacy, of the Head Money Cases, sug· Rottshaefferon Constitutional Law, Luis P, Garcia gested by the opinion and consis· Co-Editors Harry Stuth, Jr. p, 383; Weaver, op. cit., p, 179, tent with the Holland case, is that The Jfead Money Cases, ,112 U.S. the United States Supreme Court has no jurisdiction to pass upon the apparent abrogation of a treaty by an Act of O::mgress, but is bound by the national policy de­ With the advent of radio, recording devices and now tele­ clared by such Act. Cf., U.s. vs. vision the average human being is susceptible to succumb to a Belmont, supra. Based upon state of idleness and stay away from the best source of infor­ Holmes' assumption that U.S. vs. mation ever conceived, the written word. We must admit that it Shauver, 214 F. 154, and U.S. vs. McCullagh, 221 F. 288, both hold· is easier to resort to the above named devices and lead a normal ing an earlier Migratory Bird Act life but unfortunately by doirig so one will discard the part of of Congress to be invalid, were actor in every-day life and become a pawn in the hands of soap correctly decided, and his holding operas and detective mysteries. that the later Migratory Bird Act Notwithstanding the obstacles before us we are proud to enacted by Congress pursuant to a assemble the first issue of Barrister News as a publication of treaty concluded between the the &hool of Law. We deem it necessary for the benefit of the United States and Great Britain law student and professional man to become acquainted with the was valid, the suggested inference tremendous growth and renown of our young law school and its is that a treaty enjoys a position upon the scale of supremacy equal achievements in professional circles throughout the state and to that of the Constitution itself. country. As stated by Holmes, "Acts of The purpose of this publication is to combine impartial in­ Congress are the supreme law of formation of Law Review nature on a national scope particularly the land only when made in pllJ' in line with our profession and campus news of interest to suance of the Constitution, while student and ex-student alike. Because, as in any other institu­ treaties are declared to be so tion of a professional character, it is necessary to expand not so when made under the authority of much its physical plant, but the quality of its products, it is the United States. It is open to necessary to create a media whereby the student is exposed to question whether the authority of the United States means more than and creates its own decisions by what old-timers used to refer the formal acts prescribed to to as reason. For in this day and time the complexities of busi­ make the convention," In dicta, ness and government have to be guided by capable counsel in Holmes did suggest limitations order to preserve the basic elements of our government whicb upon the treaty power, but, in the we cherish. light of his liberal attitude, does It is for this reason that we should pledge ourselves as it seem likely that he would have fledgling citizens and professional men to replace the adver­ discovered any limitations other tizer's abortive creature with its false logicisms with pre-radio than those expressly set forth in and television logical reasoning and discussion by articles in the Constitution? The importance of the Holland case cannot be the Barri.,ter News. over-emphasized because of the fact that, in many areas of Con· stitutional Law, the liberal views of Holmes have come to be the LIBRARY N£WS more conservative views of the Supreme Court as presently "It might as well be Spring" are grateful to Mr. Merrem for this since Bill Porter brings to the remembrance of their beloved constituted. Library the glorious bouquets of teacher, who will ever be an What, then, is the nature of the spring blossoms from his home inspiration to them. convention which we now con· garden. This week the sweet peas The special objective of the sider elevating to a position of in rainbow hues, sprays of honey­ Library for lfl52 is to acquire the supremacy; above state laws and suckle and choice roses are state statutes of all the states of Constitutions, at least of equal especially wonderful. Our Cen­ the United States. To date we dignity with Acts of Congress, and tennial visitors made enthusiastic have 2G. perhaps on a par with the Consti­ comments when they visited the To meet the special demand for tution itself? Could it in any Library. Legal Accounting, we have re­ manner affect our truly unique Mr. Leslie Merrem has presented cently purchased Legal Accounting liberties which we so frequently a life-like photograph of Dixon by Shannon, Handbook of Tax are prone to take for granted? Gulleytothe Library. Our students (Cont'd on page 4) Bv the terms of the Genocide SPRING EDITION Page Three

Convention, the signatory nations vided for in the Convention. Yet agree that genocide is a crime the issue as to whether or not BARRISTERS under international law which they genocide should be a crime pun· REPRESENTED AT obligate themselves to prevent ishable by the Federal govern· through such additional legisla· ment is not the most important is· ALSA CONFERENCE tion as may be necessary, In sue presented by the Genocide Article II of the Convention, it is Convention proposals, The more On April 4th, 5th, and Gth, provided that "In the present Con· important question is how should Vincent Tarlton and Captain Clarence Kaplan attended the vention, genocide means any of th ~s issue of genocide, vel non, be the following acts committed with decided. Should it be determined fifth circuit conference of the intent to destroy, in whole or in by the President, with the con· American Law Student Associa· part, a national ethnical, racial sent of the Senate? If such course tion at Tulane University in New or religious group, as such: be followed, necessarily, any in· Orleans as delegates from st. (a) Killing members of the group; consistencies or conflicts between Mary's. This is the first ALSA (b) Causing serious bodily or the treaty and the U.S. Constitu· conference at which St. Mary's mental harm to members of the t.ion would have to be resolved student Bar Association • • • the group; (c) Deliberately inflicting through the interpretation of those Barristers • • • has been repre­ instruments by the Supreme Court. sented since it joined the ALSA on the group conditions of life one year ago. calculated to bring about its Many of the writers who have physical destruction in whole or discussed the problem view this Not only is The Barristers new course with alarm, suggesting that ln the ALSA, but the ALSA is in part; (d) Imposing measures itself a young organization, it would lead to dangers of the intended to prevent births within Under the sponsorship of the the group; (e) Forcibly transferring sacrifice of some of our personal American Bar Association and the children of the group to another liberties as the price of interna· Junicr Bar Conference, delegates group." And Article III provides tiona! cooperation, As the pro­ from fcrty-six ABA approved law posals would at least involve the "The following acts shall be schools met in St. Louis, punishable: (a) Genocide; (b) Con· grant of additional authority to the Missouri, on September 5, 1949, spiracy to commit genocide; Federal government, it might well and crganized the American Law (c) Direct and public incitement be argued that a Constitutional student Association. Since that to commit genocide; (d) Attempt Amendment would be the most organizational meeting more than to commit genocide; (e) Complicity proper course, However, exper· thirty-six additional law schools, in gen'bcide." ience has demonstrated the un· including st. Mary's, have been The genocide and human rights wieldly nature of this process and admitted to membership. documents constitute the first if an Amendment concerning gen­ The ALSA was organized to step towards international criminal ocide were to follow along the acquaint law students with the law applicable to individuals, 36 path of the late proposed Child workings of the American Bar A.B.A.J. 376, 435. Compare the Labor Amendment, it could not Association, state bar associa­ language of the opinion in the but result in injury to our interna­ tions, and local bar associations, Civil Rights Cases, 109 U.S. 3, tional relations with such nations so that law graduates will be ready dealing with the XIVth Amend· as might be parties to the Con· to enter into bar association wcrk m~nt which, to a limited extent, vention. upon completion of their law iE analgous in purpose with the This is not to suggest that we school careers. Other purposes gc 1ocide convention; " • , , It are confronted with an inevitable of the ALSA include: providing does not authorize Congress to choice between loss 0f interna­ for interchange of ideas among create a code of municipal law for tional prestige of loss of some law students from all parts of the the regulation of private rights; part of our personal liberties. nation and the promotion of but to provide modes of redress There is a method by which the of student bar organizations, and ~inst the operation of state United States may subscribe to for solutions or mututll problems 1 ws, and the action of state of· the worthy principles of the Gen· of the member student bar groups; fleers·, executive or judicial, when ocide Convention, if such be the development of placement bureaus tht:de are subversive of the funda­ people's choice, without endanger· for graduating law students; and, mental rights soecified in the ing any portion of our invaluable introducing students to the Amendment," Joinder in the Gen­ individual liberties. Once the problems and responsibilities they ocide Convention would not only Genocide Convention is signed by will have as members of the legal authorize Congress to do that a number of other nations, it ar­ profession after their admission which a Constitutional Amendment guably would then become a part to the Bar. withheld, but would make it obli· of the law of nations. The Con­ One way the ALSA operates to gatory, gress, through the action of both achieve its purposes is through While all would concur in the houses, is expressly given the National Conference, held condemnation of misconduct such oower to " , • , define and punish annually in the fall in conjunction as the mass execution of Jews by offenses against the law of na· with the American Bar Association the Nazis, the recent bitter de· tions," U.S . Constitution Art. I convention, and through Circuit bates in Congress concerning the N a. R. Decision of the issue, Conferences, held annually in the prooosed Civil Rights 13ill indi· genocide, vel non, can and should cate that all would not agree that be left to the entire Congress personal liberties ofthe individual the punishment of similar miscon· which, as the branch of our Fed· or surrender of the guarantee of duct by individuals or groups era! government most representa­ due process of Ia w. ahould be entrusted to the Fed· tive of the people, could effectuate Charles Edward Clark eral government, let alone some the policies of the Convention Professor of Lau; international tribunal as is pro· without threat of invasion of the St. Mary 's URiversity Page Four BARRISTER NEWS spring. The ALSA is geograph­ ically divided into eleven cir­ THE LAW LOG cuits. St. Mary's is in the fifth "Ye Olde Timers" take note negative hours at the oaken table. circuit, which includes the states of "Big Bob" Traweek joining Or was it pick up ••• of Alabama, Florida, Georgia, forces in the Law Profession with Let a sincere appreciative nod Louisiana, Mississippi, and w. T. Acklen, Midland, in the be given now to the writer of the Texas. General Practice of Law. No more feature ~article for giving up sub­ Committee work furnishes black gold on his hands. stantial amounts of his time and another means of carrying out the Just for the record and to effort and donating the fruits of objectives of the ALSA. At pre· acquaint those who perchance do his labour to this, our publication. sent there are sixteen committees not know, the present officers of 'Twould seem that with all of in operation, including com­ the Barrister's Club are: James the exes on the staffs of the local mittees on special activities, Joy, president; Bill Merkin, vice­ traffic and criminal courts we membership, panels ••• selects president; Carroll Sierk, treasurer; would be relatively safe when topics to be discussed at con­ Harry stuth, secretary, and Oscar investigating into the complexities ferences •.• placement, publica­ McGinnis, parliamentarian. of the wheels of justice from first tions, and public relations. These well and able men, altho hand experience. HEREWITH, let Membership on most of these aided by their extremely capable my $30 contribution be mute , committees is open to individual committees, working for and only !X'imary evidence to the contrary. student volunteers from member for the benefit of the School of "Ole Sam", you know Sam B., law schools. Law and the student body, need looked me in the eye as I con· Of invaluable assistance to the the co-operation of all of the afore­ tended that I didn't know the gun ALSA is the Office of Director mentioned student body. For our was loaded, and I heard the swish of Law student Program, !X'OVided benefit, let us, that wonderful of the curtain falling swiftly and at the expense of the American body composed of intelligent and surely as a result of the strict Bar Association to aavise the wonderfully personable men and enforcement of sweet Justice. ALSA on a national scale, to women, push the ball a "leetle (Gad, the cost of Justice nowadays,} serve as a clearing house for bit" after our "servants" get it Hope you have seen, and if you ideas and activities, and to fur· started. have, know you realize the nish continuity to the law student Congratulations to Vince valmible work Mrs. Leeman and program. "Victoribus" Tarleton on waging her Publicity Committee have been At present The Barristers, be­ an unconventional and successful doing in publishing all that takes cause of its membership in the campaign to become the day place on the campus. This active ALSA, is receiving general and school representative to the A.L. committee has given the school special reports and weekly S.A. District Convention in New and the individuals mentioned very bulletins on matters of interest to Orleans last month. Funny thing, beneficial advertisement. Since law students, and free copies of you know, he actually escaped the every student is a potential and the ALSA news journal Stzulent call of the peseta francesa, and probable beneficiary of this com­ Lawyer; St. Mary's students may participated in the events on the mittee's function, it is strongly obtain and wear the recently agenda. Not surprising is the good recommended that all students adopted ALSA official key; and he accomplished for the school, give the requested information to the American Bar Association together with Capitan Clarence this committee and so aid them Journal is available to St. Mary's Kaplan, the night school dele­ to help you. law students at the low student gate, and the ideas they both A thousand cheers and best rate of $1.50 per year, which is brought home for us. wishes to Attorneys-at-Law who less than one-nalf the annual Many thanks to those who con • passed the bar exam taken in cost of publication. The Barris­ tributed to the bundle of suggested March. A 100% looks good on them ters has barely begun to utilize names for this publication. Some the school, and is very reassuring the many advantages and oppor­ were rare and others well burned, to we aspirants. Those who passed were: Warren Williams, Al tunities available to it and its but with great and serious delibera­ individual members through the tion, the BEST was selected, the Truex, Bill Pitt, Bonar Phares, Bill Finck, George Goodwin, American Law Student Association. result you have no doubt cussed already. Walter Rudeloff, John Taffolla, Heard that a petition has heen and last but not least, Bruce Library News (Cont'd fro m page 2) circulated requesting that the Aycock. Special plaudits to J. Accounting Hethods by Lasser and school get on the ball and give Bruce "The Brain" Aycock who Tax Accounting by Dickerson. the lounge some class with ivory­ came in second in the State. T'was The Taxation Section of the library inlaid-with-silver dominos. Been a noble accomplishment indeed, was in continuous use up to March rumored that one can work off Attorney Aycock. 15th. Recent additions to the library who were not so farsighted fared include New Paths of the Law, by Barrister's Binge equally as well, due, perhaps, to Roscoe Pound; .lfilitary Jurisprud­ On the 23 of March, the re­ the benovelence of their neighbor. ence; Abstract of Title Practiceby activated Barristers Club got under An excellent dinner was served Flick; 3riefWritinb and Oral Argu­ way with a dinner - dance at 'the which was highlighted by the ment by Richard D. Re. Basement under the Library was Mountain Top Reserve Officers superb steaks. Then, of course, recently remodeled into a modern Club. With approximately forty after dinner the guests were treated and well lighted typing room furn­ students and their dates, the to a few words by Dean Raba. ished with a sufficient number of evening got under way. Some guests Special thanks go to the Dean for typing stands, tables and a com· were farsighted enough to bring perhaps one of the shortest speeches plate set of South western Reporters, their own stimulants, but those on record.