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12-1-1962 Sui Juris, volume 07, number 02 Boston College Law School. Student Bar Association

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Recommended Citation Boston College Law School. Student Bar Association, "Sui Juris, volume 07, number 02" (1962). Sui Juris. Book 24. http://lawdigitalcommons.bc.edu/suijuris/24

This Article is brought to you for free and open access by the Law School Archive at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Sui Juris by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Vol. 7, No.2 BOSTON COLLEGE LAW SCHOOL Winter, 1962 I{ATANGA and the UN­ MOOT COURT TEAM WINS Story of Struggle REGIONAL COMPETITION By M. Donald Cardwell The Boston College Law School Moot nied Due Process by reason of the fact Court Team recently defeated Suffolk, that he was not assigned counsel at his Yale and Boston University and won arraignment. The writ was granted and EDITOR'S NOTE.-M. Donald Cardwell, President of the Boston College Law the 1'-~e -vv England Regional title in the the Slate appealed. School Forum, went to the Congo and Katanga this past summer on a fact National Moot Court Competition. This The Circuit Court reversed, one judge finding mission at the invitation of the Jefferson Society of the University of team, composed of Lewis Rosenberg, dissenting. However, one of the two Virginia. The B .C. Law School Forum had emphasized African affairs in its Brian Moran and Wayne Judge, will members of the majority of the Court program last spring, as illustrated by tlte engagements of G. Mennen Williams represent New England in the National was an interim appointee appointed by and Michel St1'uelens. This interest by tlte Forum prompted the invitation Moot Court Finals which will be held the President to fill a vacancy which of a B.C. student by the Jefferson Society, and the Forum members selected in New York City on December 18th, arose five days before the Senate ad­ Cardwell to accept the invitation. 19th and 20th. journed. While in the Congo Cardwell talked to Moise Tshombe and other influential The case which was argued by the The Boston College Team wrote a leaders of both the Congolese and Katangese governments. Upon his return team involves some interesting legal brief for the Petitioner but lost the toss he was called to appear before the Department of Central African Affairs problems. An indigent migrant laborer and had to argue against Suffolk on be­ of the Department of State. This experience along with extended conferences was arrested and accused of stabbing half of the Respondent, the State. After with Edmond Gullion, U.S. Ambassador to the Congo, Robert Gardner, Chief a small child. Immediately after arrest that round the Boston College team of U.N. Congo Operations and Senator Thomas Dodd have given Cardwell the accused was arraigned without coun­ again lost the toss and again had to an uniquely voluminous knowledge of his subject. Cardwell is co-author of sel. However, the arraignment proceed­ argue against Yale on behalf of the a recently published book, Congo-Katanga Quest, having written the legal ing in the mystical State of Nowhere Respondent, the State. section. The book, registered with the Library of Congress, is published by did not require the taking of a plea By agreement with the Boston Uni­ the Federal Letter Co. of N. Y. and sells for $1.00. Over 5,000 copies have but only a determination of "reason­ versity team the Boston College team already been ordered, and copies will be made available for sale to the students able cause." argued the final round on behalf of the here in December. Twelve days after this arraignment Respondent. the accused's only favorable witness Brian Moran's masterful performance died and his testimony was lost thereby in the final round merited him the I journeyed to Africa, to the Congo, problems and perils not less but far notwithstanding the fact that a State Outstanding Speaker Award which con­ as a represent.ative of this Law School more formidable than those through statute provided that if his testimony sisted of a sterling silver cup presented and I write this report to inform you which we have so narrowly made our had been taken at the arraignment it to him by the American College of Trial of what I saw there and what I heard way." The forces were joined in what would have been admissible at the trial. Lawyers. Each member of the team was there. It is my purpose here to put came to be known as the Cold War. The accused was assigned counsel awarded an unfamiliar treatise on the the account of this trek into the larger And in Africa, the Dark Continent, fourteen days after arraignment, entered Law of Evidence, donated by the Bos­ framework of recent Congolese history, the first Winds of Change began to his plea, was tried by jury, found guilty ton Book Company. United Nations activity in the Congo blow. The hold of the colonialists, firm and sentenced to five years. After ex­ The Boston College team will now and United States policy in this general for centuries, began to loosen. From hausting all State remedies the accused compete against the winners from the area. among the Africans the cry for in­ applied for habeas corpus in the Federal other seven regions of the Country for The twentieth century, no different dependence was raised. True it was District Court alleging that he was de- the National Moot Court Championship. from those centuries which have pre­ that many of these did not know what ceded it, has been host to the struggles independence was. In Leopoldville the of men against themselves. The first native residents were heard to shout FALL FORUM PROGRAM half of this century provided an arena in unison, "Le dependence, de depend­ of time in which men fought two wars ence." African leaders. however, knew HAILED AS, SUCCESS whose destructive consequences have the meaning of independence and they One of the most valuable extra-cur­ thorough preparation and hard work, no equal in the long annals of recorded strove mightily to achieve it for their ricular activities presented at the law even though a case might appear to be history. In the wake of these wars, on countries. So successful were they that school this year has been the Thursday "easy" at first glance. the ashes of torn and broken countries, the United States representative to the Morning Series of the Boston College A week later, William P. Homans, over the bodies of countless dead, men General Assembly of the UN in a Law School Forum. Under the chair­ Jr. Esq., former COl..llsel for the Civil began to build anew. From among this speech before that body in September manship of Don Quinn, the morning Liberties Union, addressed his remarks building an edifice arose over which of 1960 referred to 1960 as "this year Forum program has brought to the at­ to "Representing the Unpopular Client." shone the brightest of all men's stars of Africa." tention of the students many outstand­ Mr. Homans, who has represented both of hope. It was named the United Na­ The Congo story had its first major ing members of the bar from all sectors alleged Communists and alleged mem­ tions and its preamble recited, "We occurrence in 1959 when, at a Round ,of the Commonwealth. When asked to bers of the American Nazi Party, the peoples of the United Nations de­ Table discussion in Brussels, the Bel­ comment upon the value and purpose of pointed out the necessary distinction termined to save succeeding generations gians agreed to give the Congo its in­ the Thursday Morning lectures, Mr. between representing an unpopular client from the scourge of war . . . and to dependence the following year. The . Quinn remarked, "I feel that continued and representing an unpopular cause. reaffirm faith in fundamental human Congolese with no top echelon adminis­ exposure to distinguished men and Thomas E. Dwyer, Esq., noted Bos­ rights, in the dignity and worth of trators, with no lawyers and no doctors women from the legal profession is of ton attorney who has recently been the human person . . . do hereby estab­ and with their foremost university but great benefit to all law students. It is counsel in several of the so-called public lish an international organization to six years old were to begin the ex­ my belief that law students have already corruption cases, directed his emphasis be known as the United Nations." periment of self-government. Reason entered the legal profession; the Forum toward the role a criminal defense at­ Even as men built again, the first half would have dictated an interim period provides an opportunity for them to torney should assume within the frame­ of the century slipped into the past and during which the Congolese would be learn from experienced practitioners work of the Anglo-American legal sys­ the second half came upon them. In educated for their new role. This was many things which they will encounter tem. this brief period of time a giant aggres­ not. however. to be. When the experi­ when they become practitioners them­ Mr. Dwyer was followed by Edmund sor, veiled by prior events, broke of a ment of self -government would begin selves. Burke, Esq., assistant managing partner :--- -· sudden on the world scene. This new this absence of an educated elite would Throughout the Fall Semester the from the Boston firm of Hale and Dor~ - _ menace, International Communism, have immediate and tragic results. But Forum has presented a' sustained high who directed his attention to "The Eco­ would provide no respite for those the Winds of Change were blowing and level of professional competence. The nomics of the Legal Profession." Mr. who sought to "reaffirm faith in funda­ men, as usual. found it easier to run Series started off with J. Newton Burke's remarks were applicable to all mental human rights." It was Churchill with these winds than to turn into them. Esdaile, Eso.. nationally-known tort types of legal practice, from the large who sadly prophesied what lay ahead. At this same Round Table confer­ lawyer from Boston, who discussed the firm practitioner to the single practi­ "After all that we suffered and achieved ence most of the Congolese delegates use of demonstrative evidence in a trial. tioner. we find ourselves still confronted with (Continued on Page Four) Mr. Esdaile stressed the necessity of (Continued on Page Six)

;/ Page 2 Sui Juris EDITORIALS STUDENT BAR ASSOCIATION NEWS GERRYMANDERED S. B. A. The first meeting of the Board of reported to the board, that following a Governors of the Student Bar Associa­ conversation with Fr. Drinan, he had There are three day school classes who each elect two representatives to the tion for the academic year 1962-1963 received the Dean's assurance of every Student Bar Association. Also a president, a treasurer, and a secretary for the S. B. A. are chosen at large from the day school by the votes of the entire student was held Monday, October 1, 1962 in reasonable assistance, in order that the body. By a matter of simple addition, this means that there are nine elected persons the Faculty Lounge. Mr. Donahue, committees of the Student Bar Associa­ who will represent the interests of the day division. On the other hand, there are treasurer of the Student Bar Associa­ tion would be able to properly discharge four evening school classes who each elect two representatives to the S. B. A. These tion, presented a report on the financial their functions. The budget accepted is eight persons, plus the evening school student who is chosen vice president of the situation of the Association, and the set out below. S. B. A. , constitute the representative interests of the night school. Board accepted such report. The report, Sui Juris ...... $ 600.00 When the S. B. A. here at the law school was first organized there was an equality in substance, indicated that there was a Moot Court Program ...... 150.00 in the number of students who attended each division. This made it desirable to balance of seventy dollars ($70.) in the allow each division the same number of representatives. However, since this time Law Wives Club ...... 50.00 treasury, and that expected revenue in ~he size of the night school has diminished. Now there is approximately three times A.L.S.A. Expenses ...... 325.00 as many students enrolled in the day school as there is enrolled in the night school. the forthcoming year would be approx­ Forum Program ...... 420.00 imately $3,000.00, and that as a conse­ The Constitution of the S. B. A. should be amended to respond to this change in Social Program ...... 1;322 .00 quence, the Association would have the make-up of the student body. If each night school class were allowed to elect Contingency...... 245.00 one representative, this would reduce their total representation to five. Even this Total ...... 3,112.00 ratio of nine day school to five night school representatives does not accurately reflect the ratio of night school to day school students. However, this much needed Total Revenue $3,112.00 reform should be, and could be, easily adopted by the combined effort of the day school students at the next regular election. The president then asked the class representatives to gather the sentiment The importance of this measure can be seen by simply attending the meeting of among their respective classes as io the S. B. A. at which will be discussed the expenditure of student monies. It has long been, at the insistence of the night school representatives, that a maximum of beer what type of social program they de­ parties be had. They argue that these unmannered manifestations of the ability to sired. drink are the only functions of the school which the night students attend. This, Charles C. Tretter despite the fact that they cost equally as much to the student body as one of the President, S.B.A. more sophisticated dances. Although the day school representatives have tried to correct abuses fostered upon Charles Tretter Random Notes them, they have been unsuccessful, due largely to the powerful, self-interested approximately $1 ,400.00 less than in The seniors are reminded that the representation of the night school. The members of the day school should no longer the previous year. The proposed bUdget, tolerate the under-representation of that division to the Student Bar Association. Dean is readily available to render every with its appropriations, was not accepted The night school has more representatives than it deserves. and any assistance that he can in secur­ by a vote of 11 to 6. It was then sug­ ing for them professional placement gested that a committee headed by the upon graduation. president study the financial situation The Student Bar Association wishes and report at the next meeting to be COMMON DAY OF REST LAWS to extend its warmest congratulations to held on October 15th. The second meet­ Messrs. Moran and Judge for their re­ Laws for a Common Day of Rest were originally enacted largely because of ing was held on the evening of October religious reasons. Last year's legislative re-enactment by the General Court of these cent victory in the National Moot Court 15th. The entire meeting concerned it­ laws was due in part to religious reasons, but primarily to pressure from different Competition. self with the budget. The budget pro­ economic groups, and the growing big brother attitude of those who sit in the marble Recognition should also be given to halls. posed at the first meeting was finally Mr. McManus', to date, excellent social accepted by the board by a vote of The so-called Blue Laws, as amended by the 1962 legislature, forbid the opening program. of stores which have three or more employees, except for the sale of certain items. 15 to 1. The main cause of the budget Charles C. Tretter This very fact that some stores may open (those with two employees or less, includ­ being accepted was that the president President, S.B.A. ing the proprietor) and that some may not, raises a question of the constitutionality of these laws. At least under the old version of these laws, every store of the same type was required to close. There was equal protection of the laws. As amended, the Blue Laws allow some grocery stores to stay open, while they, at the same time, require the closing of others. IN MEMORIAM Although a state has the right to enact laws for the health, welfare, and morals of its people, there is no solid basis for the passage of these police power measures, It is with sincere and deep regret that the Alumni Association records the regardless of their constitutionality. It is difficult to argue that these Common Day passing of the following alumni: of Rest laws are necessary from a religious or moral point of view. In light of the FRANK A. HOWARD, '38 fact that we do allow the serving of alcoholic beverages on the Lord's Day, that ROBERT E. HAYES, '33 we do accept playing cards on Sunday, that we do go outsid~ our homes for recrea­ tional purposes such as the ball game on Sunday, it is evident that the overwhelming FRANK A. MAGRI, '37 majority of the people of the state are no longer dominated by puritanical miscon­ ARTHUR C. O ' CONNOR, '37 ceptions. It is no more evil to buy meat and vegetables on Sunday than it is to become inebriated at the local pub. A chief concern of the advocates of blue laws is that without them the stores of our state will be open 24 hours a day, day in and day out. Although this seems to to be the case in two or three states which do not have blue laws (due largely to reasons other than the absence of these laws), the many other states which also do not have these laws have not faced this problem. It is big pressure groups, such as the Chain Store lobbies, which have manufactured this problem. Because these large Sui Juris retail stores find it economically unfeasible to ooen on Sundays, they would like as few other stores opening on this day as possible. These groups use the conven­ tional arguments of the more sincere religious leaders of the community, but only Published by the Student Bar Association of Boston College Law School, for hypocritical self -interested reasons. Boston, Massachusetts A man who owns a business ought to be able to work in it. Because of the recent enforcement of the Blue Laws, a man worked diligently 7 days a week for over twenty years in his grocery store, building up the business, is now forced to shut JOHN R. WALKEY down. He had built his business up to a point where it required five employees to Editor-in-Clzief keep it operational, and therefore could not open upon the passage of the amended version of the laws. Upon the closing of this store, another store across the street. whose proprietor had spent the last twenty years napping every Sunday, opened H . WAYNE JUDGE PAUL R. GRAVES its doors. It reaped the harvest of another man's work. Associate Editor Business Manager

__·=. 3 These Sunday closing laws ought to be repealed. They deprive a man of his liberty to work. It is the responsibility of the individual, according to the dictates REV. JOHN A. TOBIN, S.]. of his own conscience, to either purchase or refrain from doing so on Sunday. It Fawlty Moderator is not the job of our government to legislate morals. It is not the job of our gov­ ernment to tell John Q. Public what is best for him. It is not the job of our State STAFF: Norman Baker, Brian Moran, George Nasser, Stuart Ross, Donald Wood, government to pass laws which are nothing more than a manifestation of the per­ suasiveness of a particular pressure group. Arnold Proskin, Richard Cotter, L. Rosenberg ~ \

Sui Juris Page 3 DECEMBER DINNER MEETING Alulllni News ... The Boston College Law School difficulty of any foundation or set of Alumni Association held its annual De­ principles which would harmonize the J. Joseph Nugent, Jr., '40 - Robert E. Galvin, '61 - cember dinner meeting on Thursday, conflicting rights in this delicate area. was re-elected Attorney General of has opened offices at 101 Tremont December 6 at the Law School. Guest He held out hope that the judiciary, Rhode Island by a plurality of more Street in association with Taylor, speaker for the evening was the Hon­ aided by legislation, might adopt a rule than 46,000 votes. Foley and Sullivan. orable Frank J. Murray, Judge of the by which publicity about persons ac­ Stephen A. Hopkins, '61 - Superior Court of Massachusetts, and cused of crime could be delayed until John P. S. Burke, '48 - Vice Chairman of the National Confer­ after the time when great injury could former law clerk to Honorable An­ was re-elected without opposition as ence of Trial Judges. Chairman of the be done to the accused. drew A. Caffrey, United States Dis­ the District Attorney of Essex meeting was the Honorable Robert Sul­ trict Court for the District of Massa­ Judge Murray also addressed himself County. Mr. Burke polled more than livan, also a Judge of the Superior Court chusetts, has become associated with to the possibility that the 1942 case of 245,000 votes. District Attorney Burke of Massachusetts. Due to the great the firm of Sherburne, Powers and Betts v. Brady, decided by the U.S. is President of the Boston College efforts of Dinner Chairman John J. Needham, 77 Franklin Street, Boston, Supreme Court may be over-ruled within Alumni Association of Essex County. McCarty, Jr., '54, one of the best gath­ Massachusetts. the near future. This case made it less Robert J. DeGiacomo, '48- erings of Alumni was present at the than mandatory that all persons accused Law School. James A. King, Jr., '61 - of serious crime be supplied adequate Town Counsel of Westwood and As­ has become associated with the Na­ Judge Murray spoke of the complex sistant Attorney General of Massa­ counsel at the state level. He predicted tional Labor Relations Board in Fort problem of the collision between the that if Betts v. Bmdy is reversed, the chusetts, has been most active in Worth, Texas. rights of a fair trial and the right to connection with the prosecution of trial judges of America will be confront­ Thomas F. Burke, '62 - freedom of the press. Judge Murray ing a very serious and vast problem. matters arising from the garage under summarized on the attempts which have has become associated with the firm the Boston Common. been made in the last generation to of Carey and Desmarais in New regulate the Inass media so that preju­ William J. Reynolds, '51 - Bedford, Massachusetts. has been named a Vice President of dicial pre-trial publicity would not be Gerald M. Coakley, '62 - issued. Hartford National Bank and Trust Recent Graduate Ranked Company. Mr. Reynolds will continue is with the Legal Department of the Judge Murray expressed fully the as Director of Municipal Consulting Metropolitan Transit Authority, where No. 1 on June Bar Exam Services for the Connecticut Public he will practice under the supervision Expenditure Council. Mr. Reynolds of another of our alumni, William 1963 Alumni Directory Walter Powers, Sr., Chairman of the E. Ryan of the Class of 1946. Board of Bar Examiners has officially will also be able to continue as a The totally revised Alumni Directory lecturer on Metropolitan Government Charles W. Dixon, '62 - informed Mr. Richard T. Colman that will be issued in January, 1963. All he ranked as No.1 of all the students at Trinity College. is with the Legal Department of the Alumni who pay the $5.00 1963 annual U.S. Army Engineers as a civilian who took the June, 1962 Bar examina­ Lawrence W. Guptill, Jr., '52 - dues will automatically receive a copy tion. attorney. of the directory which will list all 2234 has been re-elected Rockingham Donald J. Fleming, '62 - alumni, alphabetically, geographically Mr. Colman is currently associated County Attorney in New Hampshire. with the Honor Recruitment Program has opened offices at 43 First Avenue, and by class. of the U.S. Department of Justice. William E. Hogan, Jr., '52 - West Hyannisport, MassachuseUs. Any students in the Law School who are interested in acqUIrIng a copy of Professor of Law at Cornell Univer­ Kent S. Hathaway, '62 - On December 1, Mr. Colman married sity Law School will be a visiting pro­ this directory, may do so for the cost the former Marilyn Mary Flavin of has become associated with the In­ fessor at Columbia Law School during price. Quincy. ternal Revenue Service, Estate Tax the second semester of the academic Division, Boston 9, Massachusetts. year 1962-1963. John R. Kenney, '62 - Edward P. Kirby, '52 - has opened offices at 8 Beacon Street. has recently been elected to the Boston, Massachusetts. General Court. John J. Madden, '62 - What everyone likes about Boston ... J. Colin Lizotte, '57 - Clerk to Judge Speigel, Associate has left the firm of Hogan and Hart­ Justice of the Massachusetts Supreme son in Washington, D.C. to form an Judicial Court, will become asso­ association with James F. Enright, ciated with the firm of Bigham, Dana '56, with offices located in the Stick­ and Gould, 1 Federal Street, Boston, ney Building, Milford, New Hamp­ Massachuestts in 1963. shire. Bernard F. MeSally, '62 - Albert R. Karkutt, '58 - has been appointed a clerkship to has been elected Judge of Probate Judge Edward W. Day, United States Court in Putnam, Connecticut. District Court, Providence, Rhode Island. John Conrad Geenty, '60- Hugh L. Moore, Jr., '62 - has opened offices for the practice of is now residing in Rockville, Connec­ law at 407 First National Bank Build­ ticut where he is associated with the ing, New Bedford, Massachusetts. Allstate Insurance Company. Philip W. Riley, '60 - Donald J. Orkin, '62 - has become associated with the firm is associated with the office of Irving of Parker, Coulter, Daly and White, J. Pinta, One State Street, Boston, 50 Congress Street, Boston 9, Massa­ Massachusetts. chusetts. Kevin J. O'Leary, '62 - M.I.T. Barrett S. Wayne, '60 - successfully passed the bar examina­ has become associated with Morse tion for the State of New York in the Shoe, Inc., 1047 Commonwealth summer of 1962. What Lawyers will like about Avenue, Boston, Massachusetts, as Robert F. O'Reilly, '62 - House Counsel. is now located at P.O. Box 92, Pitts­ Shawm u t' s trust serVIces Edgar J. Bellefontaine, '61 - ford, Vermont. T. David Raftery, '61 - Edward A. Schwartz, ·'62 - Shawmut maintains a complete 'Investment Research Department James F. Sullivan, '61 - has become associated with the firm to assist in the management of property. And Shawmut's Trust Depart­ of Schatz and Schatz, 750 Main have opened offices for the general ment is equipped with modern machines and trained personnel to carry Street, Hartford, Connecticut. practice of law at 131 State Street, out the necessary details of your trust work. Boston 9, Massachusetts. John L. Sliney, '62 - In cases where the benefit of a co-trustee seems indicated, Shawmut is with the Honor Recruitment Pro­ trust officers natural\y welcome the opportunity to discuss such Raymond J. Dowd, '61 - gram. U.S. Attorney General's Office, has been appointed Assistant Attorney Washington, D.C. arrangement with the trustor and his attorney. May we serve you? General of the Commonwealth of Massachusetts. Frederick J. Sullivan, '62 - has become associated with the office The ~tional Charles J. Delaney, '40 - of Francis H. Farrell, Esq., Boston, Frank G. Dewar, '61 - Massachusetts. Edward J. Parry, Jr., '61 - Stephen D. Weiner, '62 - Shawm ut Bank have announced the opening of offices has become associated with the firm of "Boston at 24 Union Avenue, Framingham, of Shapiro and Greenwold, 54 Kendall Member Federal Deposit Insurance Corporation Massachusetts. Street, Framingham, Massachusetts.

,/ Page 4 Sui Juris

Swearing-in luncheon Held (Continued from Page One) the task for asslstmg a new nation to internal conflict, constitutional or other­ led by the legation from Katanga argued learn the complex art of self-govern­ wise. The Secretary-General conveyed on November 16, 1962 that their new country should have a ment. This is a function not delegated this promise of non-interference to confederated governmental structure to the UN and one which because of Tshombe and on August 12, 1960, with The luncheon was sponsored by the allowing each of the six provinces broad its conflicting political interests the UN the consent of the Katangese Govern­ Alumni Association for some 100 recent autonomy. The Congolese knew that is woefully unable to perform. ment, a "token" UN force entered graduates who on November 16 were they did not have a national conscious­ Almost immediately Katanga became Katanga. sworn in as Members of the Bar of the ness conforming to the geographic di­ a problem. Did the Security Council This professedly neutral role of the Commonwealth of Massachusetts. visions drawn quite arbitrarily by the resolution of July 14, 1960 having ref­ UN was immediately challenged. On Parents, wives and friends of the new Europeans and they proposed, there­ erence to the withdrawal of the Belgian August 14, 1960 Prime Minister Lu­ lawyers attended the luncheon held at fore, a confederation as a first step. troops from the Republic of the Congo mumba wrote to the Secretary-General. Tiffany's, preceded by a Mass of The Belgians opposed this concept. apply to those troops stationed in Lumumba stated, "It is therefore clear Thanksgiving at the Paulist Chapel, While no vote was taken from among Katanga ? In his Second Report, Au­ that in its intervention in the Congo celebrated by the Reverend John A. the Congolese delegates, the Belgians gust 6, 1960, the Secretary-General the United Nations is not to act as a Tobin, S.]. announced that the new Republic would stated that he interpreted the resolution neutral organization but rather that Dean Drinan noted at the luncheon have a unitary form of government. of July 14th to apply to the "whole of the Security Council is to place all its that recent alumni have received excel­ Subsequently with characteristic and, the territory of the Republic as it ex­ resources at the disposal of my Govern­ lent placements and that that total sadly, necessary paternalism the con­ isted when the Security Council only a ment. Contrary to your personal inter­ alumni of the Boston College Law stitution of the envisioned Republic of few days earlier (July 7, 1960) recom­ pretation, the United Nations Force School now number 2234. the Congo was drawn up by the Bel­ mended the Congo for admission as a may be used 'to subdue the rebel Gov­ gians themselves. This document was Member of the United Nations." This ernment of Katanga'." Mr. Ham­ known as the Loi Fondamentale, the interpretation has two major weak­ marskjold replied to this letter on Pre-Lega I Institute Fundamental Law. It was to be pro­ nesses. It attempts without support in August 21 when he told the members of visionary only and by the terms of International Law or the UN Charter the Security Council, "it must be More than 150 students from 45 Article 100 would not in itself become to make recommendation for admission assumed that the Council would not colleges attended the sixth Annual Pre­ legal until having been approved by of a State by the UN a criterion for authorize the Secretary-General to in­ Legal Institute on Saturday, December the provincial assemblies. fixed and permanent sovereignty. It tervene with armed troops in an internal 1. In addition to · these pre-legal upper The all too hasty preparations were further denies to the people of Katanga conflict, when the Council had not c1assmen, 52 Pre-Legal Advisors at­ completed and on June 30, 1960 the their right of self-determination. a right specifically adopted enforcement meas­ tended the Annual Institute. Congo received its independence. For acknowledged by the first Article of ures under Articles 41 or 42 of Chap­ Professor Walter Gellhorn, the main five days the "paper" nation held to­ the UN Charter. It is important to note ter VIL" At this point the Secretary­ speaker at the dinner and President­ gether. On the sixth it was rent here that the declaration of Katanc.:ese General was maintaining correctly a elect of the Association of American asunder. The soldiers of the Congolese sovereignty occurred on July 11 , 1960, UN posture of non-interference with Law Schools praised the Institute and National Army, the ANC, revolted three days before the first UN resolu­ the internal affairs of the Congo and urged law schools and Pre-Legal Ad­ against their white officers. Murder, tion was passed in the Security Council. Katanga. In this same statement Mr. visors to work ever more closely in rape and pillage followed in the wake The Katangese, however, decided to Hammarskjold stated, "the creation of collaboration. of this revolt. Prime Minister Patrice resist and stated they would meet the a political structure which will provide The annual pre-legal institute con­ Lumumba increased the breakdown of entry of UN troops into Katanga with a stable and constructive government ducted by the Boston College Law order with inflammatory appeals to force. The Secretary-General asked the must be theirs (the people of the Congo School has received widespread com­ black racism. Self-government, ap­ Security Council for instructions and and Katanga)." Other forces , however, mendation and this year was the subject parently, demanded more than the good while he favored the entry of UN began to exert pressure. of particular praise by the President of wishes of men. forces into the country, carefully re­ On August 2 5, 1960 a conference of the American Bar Association, Sylvester Events now began to move with minded the Council that, "The difficulty the independent States of Africa took Smith, Esquire. dramatic swiftness. Their sequence, which the Council faces in the case of place in Leopoldville. After studying Walter Gellhorn, Betts Professor of however, is of prime importance. On Katanga .. . is a constitutional one .... the Congolese situation they issued a Law at Columbia University, declared July 7, 1960 the Security Council of This is an internal political problem joint declaration condemning all seces­ that Americans may have failed "really the UN recommended the admission of to which the United Nations as an sion and all colonial maneuvers in to grasp the ideas of freedom. " the Republic of the Congo. At this organization obviously cannot be a the territory of the Republic and gave "They may, as it were, know a few same time Belgian troops reentered the party." The Secretary-General had their total support to the Central Gov­ words without remembering the tune or Congo to protect their nationals. On . made his position clear. The question ernment of the Republic of the Congo . feeling its rhythm." July 11, 1960 the Provincial Parliament of Katangese sovereignty could not be It must be stated here that economic "The failures of public sentiment­ of Katanga mindful of the chaos in a rightful concern of the UN. U.S. realities began to rear their heads. In not only in the South, but throughout Leopoldville, the seat of the Central representative Lodge reaffirmed this the Congo according to the Fourth the nation-may in actuality reflect ig­ Government, secure in its own domestic position in discussion in the Council Report by the Secretary-General, 7 norance rather than insensitivity." order and not having ratified the Loi on August 8-9, 1960. Others, however, September 1960 "scores of thousands "Libertarian and humane impulses Fondamentale, proclaimed Katanga a were to advocate a different course of of Congolese have lost their jobs as a which animate freedom" should be nur­ sovereign State. The next day, July 12 , action for the UN. direct consequence of events since in­ tured at home as well as abroad by 1960, the Government of the Republic In a formal statement issued on Au­ dependence." In further discussions in educators and those in the legal field. of the Congo requested UN military gust 6, 1960 the Government of the the Security Council Hammarskjold re­ Professor Gellhorn noted that studies of assistance to protect the territory of USSR called for "an end to the occu­ marked, "The financial situation (of the teen-age and college students have the Congo against "acts of aggression pation of Katanga province, which is an Congo) is one of bankruptcy. And with shown an astounding misunderstanding posed by Belgian metropolitan troops." inseparable part of the Republic of complete disruption of civilian and of constitutional rights. ranging from The following day the Congolese govern­ the Congo." And, in the discussions economic life, where are the revenues, beliefs that police and other groups ment sent an additional request to the in the Council referred to above Mr. where the foreign exchange, where the should be allowed to censor books and UN "for urgent technical assistance in Kunetsov, the USSR representative, taxes, where the customs duties?" movies, to convictions that condoned the the field of administration." referred to Katanga's Tshombe as a Katanga, on the other had, was prosper­ (Continued on Page Five) Consider . for a brief moment these "puppet" and quoted from a statement ing. The huge copper mines were work­ events. The Congolese government had by the President of Ghana which ing and Katangese exports held firm. collapsed. Belgian troops had re­ declared that, "Neither Ghana nor Why this difference? The answer lies entered the Congo to protect their na­ any other independent African State with the Belgian technicians who had CRONIN'S tionals. Katanga had declared itself a would tolerate the construction in the fled by the thousands from Leopold­ sovereign State. Within two weeks the center of Africa of a puppet State ville and the northern provinces but RESTAURANT drama had reached perilous intensity. maintained by Belgian troops and de­ Who had remained or soon returned to At this awful moment the "Central signed to fit the needs of an inter­ Katanga. Is it unreasonable to deduce Government" (a name circumstances national mmmg company." In this from this set of facts that there were Famous for had already forced upon it) sent its statement the real issues were joined. those who believed th ~ wealth of appeal to the UN. The Katangese had decided to retain Katanga might well solve the problems Steaks and Seafood On July 14, 1960 the Security Coun­ at least for a while, the services of th~ of the Central Government? cil passed its first resolution concerning Belgians. And, in refusing the entry of The Security Council again took up Imported and Domestic what would be known as the Congo UN forces into their country. the the Congo auestion in February, 1961. The resolution of February 21. 1961 Beers, Wines and Liquors Crisis. This resolution called for the Katangese were voicing a preference for withdrawal of Belgian troops from the European colonialists over the UN it­ contained the highly controversial para­ Republic of the Congo and authorized self. The UN. however. was to decide graph 2 which provided, "Urges that the Secretary-General to provide the against the declared policv of the measures be taken for the i~mediate 114 MT. AUBURN ST. Congolese government with necessary Government of Katanga and on Au­ withdrawal and evacuation from the military and technical assistance. In gust 9. 1960. a resolution was nassed Congo of all Belgian and other foreign CAMBRIDGE the UN view the Belgian troops in the in the Security Council which affirp"\ed military and [lara-military personnel that. "the entrv of the United Nations and political advisers not under the -;..",. Congo were not a satisfactory "stop­ = - ELiot 4-1366 gap" and their continued presence in force into th~ Province of Katanga United Nations Command. and mer­ that area would constitute a threat to (would be) necessary." Note that this cenaries." The UN was taking the posi­ Function Room Available world peace. Into the vacuum created resolution still speaks of Katanga as a tion that the governments of the Congo by the withdrawal of Belgian troops and "Province" although that Government and Katamm could not have their own Plenty of technicians the UN would come. The had declared its peonle and territory a political advisers or mercenaries. What constituted a "mercenary" was not de­ Parking in the Rear Congolese had, in fact, substituted the sovereign State. The Council did re­ UN for their former governors, the affirm. however. that the UN force in fined but the UN was now clearly in- Belgians. In this role the UN took on the Congo would not intervene in any (Continued on Page Seven) '\

Sui Juris Page 5

(Continued from Page Eight) and reshape the awesome Federal power (Continued from Page Four) law and has an inherent sense of fair into a responsive tool for the needs of use of the third-degree to secure evi­ Hobbs & Warren, Inc. play. Or, as Dean Rostow of Yale Law the local community and the individual. dence. Some 56 per cent of California 34 HAWLEY STREET School said in his introduction to this Moley restates the traditional con­ college students questioned a provision BOSTON book, Williams is one of those men who servative view that centralized govern­ of the law which prohibits a person "have the blood of Don Quixote in their ment must prohibit and not compel, from being tried twice for the same Publishers of and must act only when the individual veins." It is emminently unfair, argues crime. Civics courses in high schools, STANDARD LEGAL FORMS the author, for the public to associate and the local or state communities are he noted, are often regarded as a "dump­ Headquarters for the lawyer with his client. After all, no unable to solve a problem. The present ing ground for the ineffective or poor accused, no matter how notorious he is, inadequacies of local and state govern­ student" who needs credits to graduate. UNIFORM is guilty of the alleged offense until so ments, writes Moley, are due to the As a result, the basic acquaintance with COMMERCIAL CODE decreed by a court of law. Few people huge Federal tax bite which leaves few civil rights is placed in the hands of the FORMS would argue with this proposition al­ sources of revenue and less motivation. athletic coach or home economics, music, LI 2-7947 LI 2-7948 though many seem to forget when names To solve their problems the local gov­ typing or mathematics teacher. like Hoffa, et al. are the defendants. ernments must turn to Federal aid but "Testimony is overwhelming in any Mr. Williams' principal concerns em­ also acquiesce in Federal "policies." event, that little time is spent on con­ legal system and of the processes of brace most of the topical legal problems Without reservation Moley feels that stitutional liberties, that such work as law administration that express Amer­ of our day. He expounds on the civil the social-welfare state concept, its pros­ is done tends to be descriptive and ican ideals. rights problems of censorship and wire­ tituted Keynesian economics and stifling chronological and that problems and "The Bill of Rights is not for judges tapping, the glaring evidential and con­ controls on private enterprise, combined issues capable of stirring discussion and and for lawyers alone. It is the shield stitutional problems in Congressional with the growth of the Federal bureau­ perhaps sharpening insights are usually of individual freedom. It is the reflector committee hearings and Congressional cracy will inevitably lead to Socialism. avoided." He called for more "serious of hard-won victories in the unending investigations in general, the dilemma In several chapters he establishes the teaching" about individual rights, and quest for liberty under law. of free press v. a fair and public triaL practical guidelines for an escape from respect for the law on the high school "As educators and as educated men, due process, capital punishment, and the dilemma, without a retreat to the level. let us strive mightily, early and late, insanity as a defense in a criminal trial. chaos of the Great Depression. "Colleges and universities, too, must North and South, to carry that quest In each instance the author documents In The Republican Opportunity develop general understanding of our forward." his position well and argues forcefully Raymond Moley presents conservatism for changes to protect individual liber­ without the indiscriminate hatred mani­ ties and personal rights. fested by the extreme right and the Probably the issue which Williams magical omnipotence which refuses to feels most deeply and devotes more be tested which has come to be asso­ space to than any other is the lack of ciated with the more vocal members of pre-trial discovery in criminal cases. the Republican right. This commendable BOSTON COLLEGE Why, asks the author should corporate book is a judicious analysis of what lawyers arguing civil cases have com­ the author deeply and sincerely fears plete discovery devices available to will, if unchecked, "regiment our lives gndustriai and Commercial them when the criminal lawyer arguing from conception to dissolution. Even for a man's life or liberty is forced to our quiet graves," Moley writes, "are engage in "combat by surprise"? His made to specifications drawn by a LAW REVIEW position is to enlarge the Jencks rule, BUREAUCRAT." not to limit it. He would have the Jencks Statute read to permit defense Frosh Elections counsel several days or a week before In accordance with the Constitution of the Student Bar Association, elec­ THE SECURITY ASPECTS OF CONDITIONAL SALES IN trial to study pre-trial statements by SWEDEN WITH A COMPARISON OF THE UNIFORM tions for 1st year day and evening divi­ witnesses for the prosecution. As it now COMMERCIAL CODE sions were held on November 8, 1962. stands counsel can see the statements CLAES GUNNAR LOUIS BEYER only after they have testified. The posi­ The 1st year day division elected Joseph tion Mr. Williams takes is a compelling W. Engler, President of the Class. He one if we are to insure that criminal attended LaSalle College in Pennsyl­ CORPORATE NET OPERATING LOSSES-LIBSON SHOPS defendants get a fair break as well as a vania. James J. Hennessey, J r. of the AND THE DECREASING AVAILABILITY OF A LOSS CARRYOVER TO THE SINGLE CORPORATION fair trial. University of Pennsylvania was elected OLIVER STEVENS SUGHRUE, JR. Possibly the only reason One lVI an's S.B.A. representative. Freedom is not as dynamic as it could The evening division of the 1st year be is that Bennett Williams does not class elected, as President of the Class. CONSUMER PICKETING: THE LIMITED RESTRICTIONS waste our time by blowino: his own Bruce E. Richardson. who attended OF THE LABOR MANAGEMENT RELATIONS ACT trumpet as a Nizer does. He uses his Newark College of Engineering. The JOHN J. DESMOND, III cases to snotlight legal deficiencies. not S.B.A. representative elected is James to inflate his own ego. It is disconcerting Toohey. DISSENTING MINORITY STOCKHOLDER'S RIGHT to think t1,at the latter aDDroach is the OF APPRAISAL way to make a book on law exciting. Three Alumni Elected WILLIAM F. LOONEY, JR. To State-wide Offices (Continued from Page Eight) Francis X . Bellotti '52 was elected to UNIFORM COMMERCIAL CODE ANNOTATIONS writes Moley, must do more than op­ the office Lieutenant Governor; Kevin pose and deny; he must assert his faith H. White '55 was re-elected as Secretary in an organized manner; he must re­ of State; Mrs. Margaret Heckler, '56 kindle an atomistic view of the universe was elected to the Governor's Council. Published by Boston College Law School CARROLL APPOINTED INTERIM LEGISLATION Vol. IV, No.1 Fall, 1962 EDITOR BY LAW REVIEW BOARD David W. Carroll, third year day, has also worked on the Annual Survey of taken over the position of Legislation NI assachusetts Law. Dave still managed Editor on the Boston College Industrial to attain a high class standing with his and Commercial Law Review. By a re­ Dean's List index. Last summer he cent vote of the Board of Editors, Dave clerked at the law firm of Graham, will fill in for Daniel E. J ohnedis who Reid, Ewing and Stapleton in Provi­ was activated to full time Air Force dence. BOSTON COLLEGE INDUSTRIAL AND COMMERCIAL LAW REVIEW duty during the recent Cuban crisis. As Dan Johnedis, an active reservist, is temporary Editor, Dave will be respon­ attached to the 94th Troop Carrier Brighton 35, Massachusetts sible for the Legislative Section of the Wing, U.S. Air Force. He was called up Review's forthcoming winter issue. on October 28 of this year to active After graduating from North Provi­ duty to serve for a "year, unless sooner Please make checks payable to: dence High, Dave entered Providence relieved." Dan holds the rank of 1st College in the Fall of 1956. While pur­ Lieutenant, and serves with the 94th as BOSTON COLLEGE LAW SCHOOL suing a Political Science major in col­ a Personnel Officer at their home base, Enclosed is my check for $4.00. Please enter a subscription for one year to lege, he was a member of the Delta Hanscom Air Force Base in Bedford, Boston College Industrial & Commercial Law Review. ~- Epsilon Sigma National Honor Society. Massachusetts. Since this activation, the Upon graduation, he took his A.B. de­ unit has been placed back to ready re­ Name gree Cum Laude, and a Reserve Com­ serve status, being so released on No­ mission as a Second Lieutenant in the vember 28 . Dan, who will resume his Address U.S. Army Counter Intelligence Corps. position as Legislation Editor with the (Street) Here at Boston College Law School beginning of the Second Semester, re­ he has been active on the Law Review sides in Somerville. Massachusetts with for two years, during which time he has his wife and two children. (City and State)

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Page 6 Sui Juris Professor Moynihan Releases New Book CAREER SERVICE SEMINARS Professor Cornelius J. Moynihan has notes for his own students in order to On Monday evening, November 26th, ably for the prosecution. The advan­ recently released his latest book, Intro­ help them over this troublesome area. at 7 :30 P.M. in the Roberts Lounge, tages and disadvantages of this type of duction to the Law of Real Property, A Law Book Editor from West Pub­ the Student Bar Association of Boston practice was also discussed. Their initial through the West Publishing Company, lishing Company had occasion to look College initiated the third year in its opportunities in this field and how they St. Paul, Minn. over the notes, requested permission to series of Career Service Seminars. Pres­ arose were also discussed. Mr. Larauno publish them in book form and since ent at the Seminar were four repre­ at the close of the Seminar very force­ Introduction to the Law of Real then over 65,000 copies of the Prelim­ sentatives of the field of criminal law. fully presented the prosecutor's role as Property is essentially a revised edition inary Survey have been sold and well Representing the prosecution were defender of the rights of the citizen's. of A Preliminary Survey of the Law of circulated throughout the Nation. Joseph Larauno, assistant District At­ of the Commonwealth and as protector Real Property which was published in In the Introduction to the Law of torney for Suffolk County, and John of her property. A stimulating question 1940 and has become a veritable bible Real Property, Professor Moynihan has Curtin, class of 1957, assistant United and answer period followed. to first year law students from Coast substantially rewritten and expanded States Attorney. Representing the de­ to Coast. Two further seminars have been ten­ the text of the previous edition to re­ fense were Paul T. Smith and John St. tatively arranged by the Student Bar Real property concepts are probably flect the changes and developments in Clair. The moderator for the program Association in conjunction with Mr. the most difficult concepts for the be­ real property law that have occurred in was Mr. William J. Dooley, class of William J. Dooley. The first of these ginning law student to grasp. Modern the twenty-two years since the last 1952 , a well known practitioner in the will deal with corporation law and the real property law grew out of an eco­ edition was published. City of Boston. second with Tort Law. nomic era which no longer exists. Yet, However, the objective of the new The lawyers presented to the students Although the original intention of the so much of modern real property law edition remains the same-to provide their particular feelings with relation Seminars, when they were established has no meaning without at least a basic the beginning student with "a simple, to the practice of criminal law. Messrs. in 1959, was to offer the graduating understanding of what these historical concise text setting forth in outline Smith and St. Clair both forcefully senior a more comprehensive view of concepts are and how they evolved. form the older and the modern law in spoke of the need in this field for good the larger specialties in the practice of Professor Moynihan saw the diffi­ selected areas of real property law. criminal lawyers dedicated to the de­ law, the Student Bar Association has culties in this area among his fellow If the Introduction to the Law of fense of their clients and of upholding extended general invitations to all students during his student days at Real Property follows in the wake of its the principle of law which states that classes to attend these seminars. The Harvard. When the Professor began predecessor we are certain that it will every defendant is innocent until proven Student Bar feels that all students could teaching he mimeographed a set of also attain the stature of a classic. guilty. They explained to the group how they began their careers in criminal law. benefit from the discussions of these They offered encouragement to those eminent men from the various fields of present who are desirous of practicing law. criminal law. They further spoke of the Special commendation should be ex­ More on A.l.S.A.'s Individual Membership Program disadvantages present in this field, but tended to Mr. William Dooley who has were both of the opinion that the satis­ untiringly worked for the past three There are many Bar leaders through­ tion, and other matters of concern faction of criminal trial work on the years to establish these seminars. Com­ out the country who now consider law to members of the legal profession side of the defense far exceeded any mendations should also be extended to students to be a part of the legal pro­ in general and law students in disadvantages present. Paul V. Donahue and Arthur J. Rosen­ fession. The day when law students will particular. Messrs. Curtin and Larauno then berg, co-chairmen of the Student Bar be afforded the opportunity to become (2) You will be eligible to call upon took up the argument and spoke favor- Association Placement Committee. Associate Members of the American the Law Student Information Serv­ Bar Association is not far off. But to­ ice which will answer questions day you can evidence your interest in concerning career opportunities in and dedication to the profession by be­ specific geographic areas, national (Continued from Page One) After the Thanksgiving recess, the coming a member of a national pro­ scholarship offerings, foreign study Forum, in conjunction with the Saint Turning its attention to pressing areas fessional organization. programs, bar admission require­ Thomas More Society, presented a panel in the field of International Law, the The American Law Student Associa­ ments and other information which discussion dealing with the ethical prob­ Forum next presented Mr. Donald Card­ tion has recently amended its Constitu­ we have found cannot be normally lems which arise in the practice of the well, a third-year student at Boston tion in order to better serve the law procured locally. law. The panel members, Prof. Cor­ College Law School, who spoke on the nelius J. Moynihan, Laurence Cooke, student through an individual member­ (3) ALSA publications will be mailed legal background of the Congo-Katanga ship program. The Association continues Esq., partner in Gottlieb, Cooke, and directly to your home. These will dispute. Mr. Cardwell spent a portion Gottlieb, and Julian D'Agostine, Esq., its tireless efforts to aid its student bar include the placement booklet, of last summer in Katanga on a fact­ Member Associations to improve pro­ a private practitioner in Acton-dis­ Your Future and the Law, the finding mission sponsored by the J effer­ gramming, but now will strike out to cussed an approach to the many prob­ excellence of which has been widely son Society at the University of Vir­ new areas of service in an effort to lems which test the moral fiber of acclaimed. Others treat such topics ginia; upon his return he was the co­ meet the needs of individual law stu­ attorneys in their everyday practice. as the law student's military obliga­ author of a booklet concentrating on the dents. The Forum completed its Fall pro­ tion, practical aspects of law prac­ legal relationship between the contro­ gram by presenting George F . McGrath, The ALSA has approved over 2000 tice, and federal government job versial African political groups. Esq., Mass. Commissioner of Correc­ Individual Membership applications since opportunities. Due to the great interest in political tions, who gave an address entitled, school opened twelve weeks ago. This matters evidenced in the school, the (4) Plans are presently being made to "Prisons and the Law. " Commissioner spontaneous response came about with Forum cast aside its "strictly legal" offer Individual Members the op­ McGrath explained the part his depart­ very little promotion on the part of the mantle just prior to the November elec­ portunity to participate in sub­ ment played in the entire law enforce­ Association and serves as evidence of .tion and presented Senatorial candidate, stantive law Sections, analogous to ment program of the Commonwealth the appeal of such a program to law Professor H . Stuart Hughes. Professor the Sections of the American Bar and especially stressed the delicate bal­ students. Hughes did not give a campaign speech; Association. In this program you ance that must be maintained in order rather, he concentrated on presenting An Individual Member will receive will be afforded the opportunity for to avert charges of "sadism" and, at his philosophy regarding the elements many direct benefits: self development by researching the other extreme, "coddling." which constituted the basis of a just topics under a controlled guidance The Spring program of the Morning war. His address was of great interest (1) In addition to the Student Lawyer system and have the fruits of your Forum will commence immediately after to the student body in view of the fact ] ournal, which is received without labor recognized by leaders of the the mid-year examination period. It is that it followed directly on the heels of cost by all members of the Boston profession. expected that the Forum will maintain the Cuban crisis. It should be noted College Student Bar Association, the high caliber that it has thus far (5) Plans for the near future include that the Forum was not throwing its you will receive the New Lawyer, achieved. a periodic newsletter containing cur­ the offering of National loan and support to Professor Hughes by having rent items pertaining to the organ­ placement services. him speak. George Lodge had appeared ized bar, the courts and the Con­ as the Forum's guest last May; Senator Applications are available in the law (Continued from Page Eight) gress. This will serve to keep you school office. If you are interested, leave Edward M. Kennedy was tendered three abreast of significant recent deci­ the completed application and a check invitations and refused all. attained the rank of Headquarters Bat­ sions, uniform laws, judicial selec- or $2.00 in cash at the SBA office or Following Professor Hughes was At­ tery Commander of the Air Defense with the law school secretaries. We will torney General Edward W. Brooke who Artillery Group before his discharge ill see that the required endorsements are proposed as a challenge to young mem­ 1960. added and will send it on to Chicago. bers of the legal profession the fighting Mr. Cotter then entered the Law of corruption in government. Through­ School and was invited to the Law Re­ Boston College Law School has al­ LEONARD FISHER, '52 out the course of his address he stressed view Staff at the end of his first year. ways manifested its interest in the the necessity for able and well-trained After participating in the Second Year 318 Harvard St. organized legal profession and actively attorneys to enter into public service, Moot Court Program, he was elected has participated in the American Law Brookline, Mass. even though it might mean a personal Case Note Editor of the Law Review. Student Association. This is true even financial sacrifice for them. Professor Richard Powell recommended BE 4-3440 more so this year. It is only appro­ Miss Arlyne Hassett, former assistant Mr. Cotter for the American Jurispru­ priate that we make a good showing United States Attorney under Elliot dence Award in Trusts and Estates. to back this program and I assure you Attorney's Malpractice, Richardson, discussed "The Role of the Cotter and his wife, Katherine, live that you will be making an extremely Life, Health and General United States Attorney." Miss Hassett in Dorchester, Mass. worthwhile investment. pointed out that the United States At­ SUI JURIS would like to extend its INSURANCE MICHAEL J. DORNEY, President torney's office offered a varied civil and congratulations to these four outstand­ American Law Student Association criminal practice at the Federal level. ing students. Sui Juris Page 7 I ~ (Continued from Page Four) What came through to us wherever we personality immediately made itself felt. against the letter of the Charter itself, traveled in Katanga was the extreme This was the most polished, the most then, it would appear, the "Rule of terfering with the domestic and internal nationalistic feelings of the people. In western-styled African leader I had Law" thesis remains a hope but not, of I affairs of both of these countries. In I the big cities the Africans and the yet met. A three hour conference en­ course, a reality. United States policy September of 1961 the first fighting Belgians spoke of their loyalty to sued at the end of which I, who did the toward the UN must come to grips broke out between UN and Katangese Katanga and to Tshombe. In the bush translating for the group, was thor­ with this question. troops. The mystery surrounding the country we met with tribal chiefs. oughly exhausted. At only one other Solutions to the problems raised ,outbreak of fighting was recently dis­ Here, when the darkness of evening time did I feel similar exhaustion and above are beyond the purpose of this pelled by Dr. Conor Cruise O'Brien, silenced the drums and stilled the danc­ that was after a continuous four hour report. It is hoped, however, that the the then head of the UN mission in ers we listened as the chiefs and their conference with Katanga's Interior issues have been joined. Katanga, who has publicly stated that co~ncils spoke of Katanga and their Minister, Godefroid Munongo, during he received instructions to take the loyalty to its President, Moise Tshombe. which we reviewed legal and historical radio station and post office in Elizabeth­ FACULTY PROFilES There were two places where this in­ arguments for Katanga's sovereignty. ville and to arrest key Katangese lead­ Professor Kenneth B. Hughes, a na­ tense nationalism did not exist-in the The tireless zeal that Munongo dis­ ers. These instructions, reportedly, tive of Los Angeles, California, has been remote villages where small groups of played for the cause of Katanga had were unknown to Mr. Hammarskjold Professor of Law at Boston College inhabitants spend their days fishing and impressed me greatly. Tshombe demon­ and to Dr. Bunche, his chief assistant. Law School since 1957. His past has preparing manioc and in northern strated this same dedication and zeal. In a speech before the United States been one of erudition; and to several Katanga where groups of Balubas re­ The discussion came down to the ques­ Senate delivered on August 3, 1962 universities, to a great many students, main loyal to Jason Sendwe, a Vice­ tion of the road ahead. Tshombe Senator Thomas ]. Dodd presents an and to society in general, it has been a President of the Central Government. argued that while he was willing to ,excellent analysis of Congo Crisis and, past of edification. The Katangese, we found, also evi­ enter into economic union with the with reference to the UN action in Professor Hughes received an A.B. denced a strong anti-UN, anti-U.S. Congo he would insist on a large September, 1961 says, "What emerges degree from the University of Southern feeling. They reasoned that since the amount of provincial autonomy. He from all of this is that the military ac­ California in 1933. In 1936 he received United States plays the major part of stated that in his judgment 99% of the tion of the United Nations in Katanga an LL.B. also from U.S.c., as well as the UN operation hurt inflicted on Congolese administrators and govern­ in September, 1961 , was the product accomplishing two years of graduate them through the UN really has its ment officials were incompetent and of neither principle nor necessity; it study in economics. From 1941-1945 he source in the U.S.A. until the Central Government showed was the product, rather, of incredible served in the United States Army, At the invitation of the Central more ability to arrange its own house recklessness, or irresponsibility, or havihg entered as a private and having Government we were invited to Leo­ he would not allow Katanga to inte­ worse." been discharged at the rank of Lieu­ poldville. This represented a change grate into the Congo. He concluded by tenant Colonel. The final breach of their promise to in policy for this Government which saying, "If you ask what it is that we be bound by the Charter of the UN had refused us a visa to visit the Congo want, it is confederation, if you ask and not to interfere in the domestic hours before our departure from New what we will accept, it is federation." affairs of the Congo and Katanga was York. We accepted willingly and flew He explained in more detail that Ka­ perpetrated by the UN in the Security the twelve hundred miles from Eliza­ tanga would prefer autonomy but Council resolution of November 24, bethville to Leopoldville on a DC 4 ~ould be willing to negotiate on the 1961. The prelude to this action was operated by Air Congo . I shared a seat basis of a loose federation provided an address delivered to the Council by with a soldier from the ANC, the there were satisfactory safeguards. U.S. representative Stevenson on No­ Congolese National Army. He was in Today, while this article was in its vember 16, 1961. Mr. Stevenson said, field uniform and held a rifle between final stages, the newspapers carried a "There is no legal warrant for the con­ his legs throughout the flight. We ex­ first page story in which it was related -cept of a separate Katanga." Para­ changed careful glances but unfortu­ that UN Secretary-General U Thant graph 8 of the resolution of Novem­ nately shared no common language. had given Tshombe his "last warning." ber 24 declared, "All secessionist In Leopoldville we were shown every The "U Thant plan" calls for bringing Professor Kenneth Hughes activities against the Republic of the courtesy and attention by the staff at Katanga, referred to as a "rebel area" Drawing on one of his fields of spe­ Congo are contrary to the 'Loi Fonda­ the American Embassy. We met with under the jurisdiction of the Central cialization, Professor Hughes was Ad­ mentale' and Security Council decisions Congolese Vice-President Jason Sendwe Government. Should Tshombe resist miralty Counsel for the U. S. Maritime and specifically demands that such ac­ who said in his view even if Katanga an economic stranglehold is contem­ Commission during 1946 and 1947. tivities which are now taking place in were to integrate into the Congo im­ plated for Katanga. It is good, then, After having been granted an LL.M. Katanga shall cease forthwith." It mediately there could be no place for for us to know what the issues are. degree from Harvard Law School in should be noted here that a United Tshombe in the Central Government. On the one hand there are the political 1951, Professor Hughes began his teach­ States amendment to this resolution At a luncheon at the spacious and beau­ considerations. The Afro-Asian bloc has ing career at the University of Puerto asking that the secessionist activities tiful home occupied by Robert Gardi­ its enmity toward Katanga. The Adoula Rico where he was Professor of Law of Gizenga and his followers in Orientale ner, Chief of the UN operations in the administration might fall unless Ka­ until 1953. province also be censored in the body Congo, we discussed with Mr. Gardiner tanga integrates. The free world, on In the interim between 1953 and 1957, of this resolution was vetoed by the and his staff the legality of the UN the other hand, might regard the loss Professor Hughes accomplished a great Soviets. Sovereignty by the Katangese action to date. When I asked about of Katanga as a setback in the attain­ deal. In addition to having been Pro­ was to cease forthwith; sovereignty by the intervention by the UN in the ment of its objectives, dimly defined fessor of Law at Boston University, he the Gizengists was to be protected by domestic affairs of a country I was though they may be. On the other fulfilled the two year residence require­ the Soviet veto. In voting for this reminded of the February and Novem­ hand there are the legal considerations. ment for an S,J.D. at Harvard Law resolution, Mr. Stevenson said, "We ber resolutions of 1961. Mr. Gardiner, The UN has clearly violated both the School, where he was a Brandeis Fel­ will vote for the three-power (Ceylon, a Ghanian, was a perfect gentleman and express provisions of its Charter and low. He also was the Legal Consultant Liberia and the United Arab Republic) I had heard much praise for his efforts the policies as defined by former Sec­ and a member of the Presidential Com­ resolution as amended with great re­ from personnel at the U.S. Embassy. retary-General Hammarskjold. Further, mission for Revision of the Laws of the luctance so that the Foreign Minister He left me with the distinct impression, if Katanga as a sovereign State is Virgin Islands, under President Eisen­ of the Congo, Mr. Bomboko, will not however, that he regarded the UN much destroyed, the concept of self-deter­ hower. Rounding out a most productive return to his tormented country empty as Caesar regarded his wife-as being mination, basic to our own juris­ period he was Co-Draftsman of the handed after all of these days of talk." above suspicion. I could understand, prudence and the UN Charter, is surely Code of Civil Procedure of Puerto Rico. The UN had flashed a green light for in part, Mr. Gardiner's view after a weakened. Finally, there is the broad In 1961 , Harvard Law School granted the overthrow of the Katangese Gov­ two hour interview with the U.S. Am­ question which combines political and Professor Hughes an S.].D. degree upon ernment. In December fighting broke bassador to the Congo, Edmond Gul­ legal considerations. In this age the the basis of his dissertation on Judicial out again. The Elizabethville airport lion. Mr. Gullion had two explanations horror of nuclear war has challenged Administration, which forms Volume fell to the UN but otherwise the forces for U.S. policy which he admitted was the use of power diplomacy as a me­ 19 MASSACHUSETTS PRACTICE deadlocked. Katanga continued to to see Katanga an integral part of the dium for problem solving. The "Rule SERIES, entitled EVIDENCE. function as a sovereign State. Republic of the Congo. First, the of Law" thesis has been proposed in its Currently Professor Hughes is writing My two companions from the Uni­ Adoula administration had to be pre­ place. The UN has been established a book entitled Law Proof Making con­ versity of Virginia and I arrived in served for if Adoula fell his place as an instrumentality through which the sidering rules of evidence and trial tac­ Elizabethville about noonday after might be taken by a less favorably "Rule of Law" can find expression. tics. having made a stop in Usumbura, the regarded person and Adoula would If members of the UN regard it, how­ Most philosophers agree that time capital of Ruanda-Urundi. Indian probably fall if Katanga was not in­ ever, as a mere Forum through which always was; few dispute that men of Ghurka troops of the UN searched our tegrated. Second, by following the UN they can advance personal interests accomplishment have not had enough. luggage with the business end of auto­ policy, a policy which sought a unified matic rifles-quite unlike most of the Congo, the U.S. was working through customs searches I had experienced in a third party (the UN) and this was Consult your Law School Book Store Europe. We were allowed to pass preferable to a direct confrontation of regarding special student offer through the checkpoint and were im­ the east by the west. mediately seized upon by the officials The undoubted high point of our on of the Katangese Government. For long journey neared when with the Individual volumes of the new nearly two weeks we had complete help of some resourcefulness we sched­ "West edited" freedom of movement throughout Ka­ uled an appointment with Katanga's tanga. Wherever we went we were President, Moise Tshombe, who was in MASSACHUSETTS GENERAL LAWS ANNOTATED treated as visiting dignitaries of the first Leopoldville at the time engaging in cited and quoted by the courts talks with Prime Minister Adoula. order. The Katangese. of course, were BOSTON LAW BOOK CO. anxious to create a favorable impres­ Tshombe received us in the bedroom of sion for us. This they did but in a way his suite located in one of Leopold­ 8 Pemberton Square LA 3-6882 which neither they nor we anticipated. ville's new and flashy hotels. Tshombe's Page 8 Sui Juris ,~ ) BOOK REVIEWS FOUR SENIORS RECEIVE ONE MAN'S FREEDOM, By Edward Ben­ THE REPUBLICAN OPPORTUNITY, By nett Williams, 344 pp, New York: Raymond Moley, Duell, Sloan and CLERKSHIP APPOINTMENTS Atheneum, 1962, $5,95, Pearce, 1962, $4,75, By J, Norman Baker By George Nassar One should not expect a masterpiece A recently published book, The Re­ of literature from a lawyer who writes publican Opportunity by Raymond of his own exploits in the law, Still, Moley is an important contribution by publishers find these books good sellers its author to the field of American and continually present them to the political thought. In it Moley lucidly public, It is suspected that very few and provocatively presents his case for in the legal profession read the popular conservative government principles and works of their fellow members of the recommends these principles as a basis bar. The appeal for the most part is to for the rebirth of a Republican party the lay public who find the intricacies which will stop the increasing interfer­ of the law and advocacy mysterious and ence with personal liberty by big gov­ exciting, Nizer's My Life In Court ernment. The theme of Moley's work had such an appeal and is now in its is the motivating principle in American second big Christmas season, having thought: the primacy of the individual been on the Times' best seller list for and the necessary subservience of the over a year. One lVJ an's Freedom will government. be under very few yule trees this year Mr. Moley is a contributing editor or any other. of "Newsweek" and the author of a It is understandable that Bennett widely syndicated newspaper column, Williams' book has not attained that For nearly thirty years, he was Profes­ degree of status which requires that it sor of Public Law at Columbia Uni­ be proudly displayed alongside the pop­ versity, In 1932 he was called upon to ular "in" works of art. It is not clear organize and head an advisory staff to J. Cotter, D. Johnedis, J. O'Reilly, H. Healey whether the author directs his message Franklin D, Roosevelt. In 1933 he Four members of the third year class After a summer with Maloney, Wil­ primarily to the layman or the lawyer. served as Assistant Secretary of State, have recently been appointed to fill liams & Baer, and after being . notified By striking a middle ground it is a little With the advent of the so-called "Sec­ clerkships in the Supreme Judicial Court that he had been appointed to a clerk­ too bland for either. He fails to appeal ond New Deal" in 1935 Moley broke of Massachusetts and the Federal Dis­ ship in the Supreme Judicial Court, to the imagination by capturing the with the "Brain Trust," with President trict Court in the District of Massachu­ Dan, his wife Ann and their two chil­ color, emotion, or pulse of the court­ Roosevelt, and with the Democratic setts, Mr. Henry S, Healy was ap­ dren collectively suspected that his hard room that is so necessary to sustain the party and since has devoted most of his pointed as law clerk to Associate Justice work and long hours were bearing fruit. attention of the lay reader. And his energies to criticism of the rising liberal R Ammi Cutter of the Supreme Judicial He was subsequently called up with the appeal to the profession is nonetheless trend which he feels will result in the Court of Massachusetts, Mr. Daniel l 94th Troop Carrier Wing during the direct since most of what he says has ultimate rape of our heritage, J ohnedis will clerk for Associate Justice Cuban crisis. Fortunately the Wing was been covered more thoroughly in law Moley's purpose in this book is con­ Paul Kirk also of the Massachusetts recently de-activated and J ohnedis re­ review articles and bar journals, cisely and unequivocally stated: To Supreme Judicial Court. Mr, John D, turned to classes. Certainly Bennett Williams' list of advocate and bring to bear on the cur­ O'Reilly, III was appointed law clerk Mr. John D . O'Reilly, III attended clients is as impressive as any practicing rent scene traditional conservative pat­ to Federal Judge Andrew Caffery of the elementary school in Newton, Mass. and lawyer's in any era: Frank Costello, terns of government; to oust the liberals Federal District Court in Massachusetts, then majored in English at Georgetown James Hoffa, Adam Clayton Powell, from Washington and to conserve the and Mr. Joseph L, Cotterwas appointed University. After study at the Univer­ Dave Beck, the late Senator Joseph two-party system so necessary to our to a clerkship with Judge Anthony sity of Fribourg, Switzerland he entered McCarthy, Bernard Goldfine, Igor form of government. All this must be Julian, also of the Federal District the Law School at a Presidential Scholar. Melekh, and "Confidential Magazine," accomplished, writes Moley, by breath­ Court in Massachusetts, O'Reilly was invited to membership to mention only the ones which have re­ ing new life into a now stagnant and Mr, Henry Healy is a native of Leom­ on the Law Review at the end of his ceived national attention, And Williams ineffective G,O,P, Moley's partisanship, inster, Mass, and attended public ele­ first year, and was elected Case Note himself is conceivably the most success­ however, is unique, He refutes the mentary schools, After Holy Cross Editor of the Law Review at the end of ful trial advocate on the defense side charge that the liberals' patriotism is College he entered the Law School and his second year. of the bar today, besides having occu­ diluted and makes it clear that, his bat­ immediately distinguished himself by John O'Reilly was associated with the pied more newspaper space and televi­ tlefield and the necessary one for the winning Best Speaker Award in the first firm of Foley, Hoag & Eliot during the sion time than any other counsel has for Republican party is the area of domestic year Moot Court Competition, summer of 1962 , and spent his spare many years, But, unfortunately, his politics, He narrowly defines "liberals" Mr, Healy launched into Law Review time doing research for the Law Review, book does not have the thrust to make as those who support "greater Federal work with a vengeance in his second and apartment hunting with his wife, an indelible print on the reader's mind, power, more intervention by government year. became one of the Review's most Betty. because, for one reason, it is a book in economic life, greatly expanded wel­ prolific writers, and was rewarded for Mr. Joseph L. Cotter attended Boston to inform and provide the platform for fare programs, and general hospitality his efforts by his election as Case Editor elementary schools before entering Bos­ reforms which the author thinks are so to experiments and change of all sorts," at the end of that year, During the ton College, wh'!re he was designated necessary to uphold a fair judicial sys­ To his credit Moley eschews association summer of 1962 Healy was associated Distinguished Military Graduate. After tem, This can be done convincingly and with the extreme right which he finds with Goodwin, Procter & Hoar. College Cotter served as First Lieuten- still be appealing, but WilliBffis lacks absurd, and dismisses as overwrought Mr, Daniel J ohnedis attended public (Continued on Page Six, Column Four) the thespian touch in his writing that simplification the charge that America elementary schools in Waltham, Mass, he has so superlatively mastered in has put radicals in Washington, b"fore enterinp.; Harvard College where court. To Moley excess government partici­ he ma iored in English Literature and The only thread of continuity in One pation in the traditional "free markets" Government. He was President of the of economics, ownership and politics Debatinp.; Society at Harvard and Cadet Man's Freedom is the law and Wil­ 35 e N E W STREET ' W ORCE ST ER 5. M ASS .• U .S.A. liams himself. The author devotes each threatens the newly achieved freedom Commander of -the Air Force RO,T,c' chapter to what he considers a needed of the individuaL He fears that the After a stint with the Air Force iT) change, pointing up inadeauacies and current liberal trend will ultimately Okinawa he entered the Law School on inequities in the law, and calling on his take the individual, in a painless step, a Presidential Scholarship, and was in­ own experience to illustrate his charges, from his recent emergence from the vited to become a member of the Law Perhaps his greatest personal complaint "murk of savagery" to a nameless col­ Review at the eT)d of his first year, is what he calls "guilt by client." Ben­ lective existence, The Conservative, Tohnedis particiDated in the second year For over fifty years we have nett Williams is a man who loves the ant in the United States Army, and Moot Court Program, and was also elected Lep.;islation Editor of the Law been in the law printing busi­ (Cont'nued on Page Five, Column One) (Continued on Pa ge Five, Column One) Review, ness - a fact that speaks for itself. From Non·Profit Org. STUDENT BAR ASSOCIATION U. S. Postage of THE BOSTON COLLEGE LAW SCHOOL PAID St. Thomas More Drive BOSTON, MASS. Brighton 35, Massachusetts Permit No. 55294 Printers to the Sui Juris and many other fine publications.