Mitchell Hamline School of Law Mitchell Hamline Open Access
The Opinion
5-1965
William Mitchell Opinion - Volume 7, No. 2, May 1965
William Mitchell College of Law
Follow this and additional works at: https://open.mitchellhamline.edu/the-opinion
Recommended Citation William Mitchell College of Law, "William Mitchell Opinion - Volume 7, No. 2, May 1965" (1965). The Opinion. 13. https://open.mitchellhamline.edu/the-opinion/13
This Book is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in The Opinion by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. Circuit Judge Murrah Will Address Graduates byR. W.Rahn l An honorary degree of Doctor of Laws will be bestowed on Chief for djstinguished :,ervice to boyhood; chairman of the O.klahomiL it ' Justice Alfred P. Murrah of the U.S. Court of Appeals for the Tenth n ited Fund ancl Red Cross from 194 throurn 1954; ha taught ~un Circuit when he addresses William Mitchell's graduating seniors and their da.y ·cbool cla se ince 1940; and has been active in local traffic safety gue t at the annual commencement exercises. The ommencement will work and in e 0 tablishi:ng a court for traffi.e offender~ in Oklahoma City be lield at the Coll ge of t. Thom Armory on Tu day June 15, at which has become a model for other cities to follow. ; 00 p.m. when the 7Q ca.ndida.tes will be escorted from the law chool Th J udge has a great interest in safety, having served as chairman lo the Armory by eiaht marshal] elected from the top student of U1e of the _" ational Committee for Traffic Safety for three years and partici junior clas . pated in safety conferences and institutes in all parts of the nation. He is .Judge Munah, a native of Indian Territory (now Oklal1oma) re also chairman of the Advisory Council of Judges of the National Council ceived hi LL.B. at the University of Oklahoma in 1928, where he was on Crime and Delinquenc~T Phi Beta Kappa and Order of the Coif. He was also a member of Lambda He has also been active in the ABA, being past chairman of the Chi Alpha Fraternity, and of Phi Alpha Delta legal fraternity, of which Judicin.1 ction and member of the House of Delegates, and in the h was - uprcrne Ju tice from 1962 to 1964. American JudjcaLure ocicty and the American Law I,rtitute. But with He engaged in general practice in ' rninole Oklahoma, and in kla all these activitie , Judue l\Iurrah ~ ma.in. interest ha been. in improving l1oma City until he w appointed to the U. . District Court for tbe the administration of j1J ticc. A. chairman of the ~ ationaJ Judicial Cou tate of Oklahoma in l9S7. At aae 3~, he was then the youngest 1J . . £ercnce Pr>trial ommittee ince 1948, he has work d tire] · ly to edu Di trict ,Tud"'e ever to be appointed. In 19-lO, he -was clevat William Mitchell Published by the Student Bar Association p William Mitchell College of Law Vol. 7 ST. PAUL, MINNESOTA, MAY, 1965 No. 2 ALSA Offers Student Loans Debt on Building Augmenting a $50,000 guaranty Nearly Paid Off fund established last semester in co operation with the First National By Dave Planting Bank of St. Paul to provide loans to cover the cost of tuition and The .m rt_ga"e debt on William 1\IitcbeTl"s seven-year-old building has books for Mitchell students, the been virh1nll)' wiped out. An am.bitiou · drive launched la. t May raised American Law Student Association $149,000, leaving a b1tlance oI only a f w hundred dollar on Lhe debt. (ALSA) has recently created the The funds were donated by 138 alumni, corporations, foundations, Fund for Legal Education, consid law firms and other friends of the school. ered a major stride in aiding more Two contributions exceeded $10,000. They were donated by the law students to finance a legal edu Margaret H. and James E. Kelley "Foundation, Inc., and West Publish cation. ing Co. Mr. Kelle_ ·, a ,, illia:m }1itchell alumnus, is a member of the Beginning in January, 1965 the St. Paul law firm of Bundlie. Kell ~' & Torrison. ALSA's Fund enables all students The mortgage debt originally was $225,000. Income payments and at American Bar Association ap several miscellaneous contributions had reduced it to nearly $149,000 by proved law schools to apply for the time the drive began la t spring. loans after completion of one full Tlte 15-year mortgage was held by .Minnesota Federal avings and year of law study with satisfactory Loan. D eru1 Douglas H eidenreich said ifinnesota Federal aved the standing. These loans are available chool about $5.000 by a reduc d intere t .rate and by waiving penalties to the extent of the school's alloca for prepayments. tion and will be for a maximum of Without the donations, the college would have been paying on the $1 ,000.00 per year. The minimum mortgage for the next nine years. loan amount is $400.00. Borrowers A total of $64,000 in donations was received by William Mitchell will sign interim notes accruing sim since the last issue of the Opinion was published in December. ple interest which will be deferred "There really aren't words to ex- while the note-maker remains a stu press fully the college'- deep grati dent in good standing. Arrange tude for the tremendous effort and 10 Law Students ments may be made for one of sev success of the drive," commented eral repayment plans. Dean Heidenreich. "William Mitch Get Scholarships Students interested in applying ell indeed can be as proud as it is for an ALSA loan should secure full Han oo, Kcllt Phleger & Mulligan - fortunate to have so many loyal and Scholarships totaling $2,900 were information from the Dean. Capitol Bound. (See Moot Court, p. S) generous friends." awarded to 10 William Mitchell stu The drive was headed by former dents on March 4. Minnesota Supreme Court Justice They are Robert Rahn, Ronald Trustees Appoint- Roger L. Dell. Active in soliciting Johnson and Frank O'Meara, fourth contributions were Harry Holtz, a year students; Richard Knutson, 1943 alumnus and president of the Robert Halva and Joseph Flynn, Heidenreich to Per1nanent Dean First Trust Co., St. Paul; Charles third year students; and Ronald Murnane, a 1937 alumnus and presi Erickson, Fred Keiser, Bruce Ander D ouglas R. Heidenreich, A.cting Dean of the Col out from upper classmen what kinds of opportunities dent of the Minnesota State Bar son and Clifford Gardner, second lege since July 1, 1904, recei\•ed a permanent appoint-. interest them. Even now, we know very little about Association; and Lee Slater, presi year students. ment o the deanship from the Colleae' Board of the positions our students are seeking." dent of West Publishing Co. The scholarship funds were do Trustees on Feb. 23, 1965. Dean Heidenreich also plans to inform third-year Other alumni who aided in the nated by the P. W. Skogmo Foun Dean Heidenreich, age 33, resides at 1237 Lake students about the necessity for making early appli drive were attorneys Harold J . Car dation, Minnesota Mutual Founda~ view Avenue, Minneapolis. He stated that the ap cations for po itions with law furn . This plan results roll, a 1923 alumnus and partner in tion, Minnesota State Bar Founda pointment has mefillt little change in his duties, since in part from a poll of the senior which indicated that the Minneapolis firm of Carroll, tion, Farmers Insurance Group, Wil he was already the school's chief administrative offi at the tart of their final "em _ter very few of them Cronan, Roth & Austin; Burr B. liam Mitchell Law Wives, and vari cer in his acting status. Graduated magna cum laude had made arra:ngcmeuts for a job upon graduation. Markham, a 1941 graduate, part ous law firms and corporations. from William Mitchell in 1961, Dean Heidenreich en • nother long-range o-oal is a comprehensi,·e cur ner in Meagher, Geer, Markham & Scholarships were awarded on the gaged in private practice until his appointment as r iculum revie"-· "We w0uld like to make mor elec Anderson, also Minneapolis; and basis of scholastic performance and Assistant Dean o"n March l, 1963. tives available to lower classmen," the dean said. "Our Richard E. Klein, class of 1949, St. financial need. The new dean declined to outline any plans for seniors have had some choice of courses this year, but Paul. Prominent among numerous Dean H~i(lenreich said that in the major change . "I have naturally been giving consid we'd like to extend this option to the other classes." out-of-town workers were Clem future, an attempt will be made to erable thought to many areas," he commented. "As The new orporations prof orship created by a Ryan, Brainerd, class of 1920, and raise scholarship funds during the yet, however, _it is impossible to know where any Hill Foundation grant has also taken much of th Leo Seifert, a Fairmont attorney summer, rather than during the first chang might be made." deans attention. He predicted that the full-time po and 1916 graduate. semester. Grants would then be Job placement bn:s been of some concern to both would be filled within a short time, possibly before the Donors to date are listed on made at the beginning of each aca him and the students, be said. "We do plan to find end of the school year. page 6. demic year. Page 2 WILLIAM MITCHELL OPINION May, 1965 Judge Murrah . WILLIAM MITCHELL OPINION (Continued from page 1) Editor ...... James E. Conway in the administration of justice in ZJteta I I I Associate Editors ...... David Planting, Jerry Regnier the southwest. In 1957 he was hon ored by the National Conference of Editorial Assistants ...... John McKendrick, R. W. Rahn Christians and Jews of Oklahoma, Alumni Editor ...... John Brandt and in 1959 was chosen for induc BY THE DEAN tion into the Oklahoma Hall of Photographer ...... Ed Johnson Fame. He is also a member of the STAFF: board of trustees of Southern We here at William Mitchell sometimes take for granted the tremen Bruce Christopherson, Ron Erickson, Lee Fossum, Bill Glew, Fred Methodist University. dous desire and enthusiasm and the extraordinary abilities of our stu Keiser, Pat Mulligan, Gary Phleger. Preceeding the graduation, on dent . I review the lisl of the members of the 1965 graduating class, Friday evening, June 11 at 8: 00 I realize they represent a tremendou wealth of talent energy, and am Volume 7 May, 1965 No.2 p.m., the seniors and their wives bition -..,~hic.h i about to beco~e a,ailable to the legal profession in the and parents will be entertained at tate of finn ota. the traditional Senior Class Party, The 72 members of this class have a variety of backgrounds. Some en EDITORIAL: at which time wives or mothers of tered law schol right after college, although most of them had spent time the seniors will be presented with in the service or working before beginning the study of law. All these appropriate letters of appreciation men have a seriousness and singularity of purpose that has carried them Freedom and the Fourth Estate recognizing their part in sustaining through the trials of law school; they have seen others who started with the candidates during four difficult them slacken their pace and finally wilt under the pressure of heavy There'll be IIO queuina at the te for vou this ummer if vou're a assignments and a demanding academic schedule. The lazy, the slow, and lawyer whose client is hapl enough to ~ome under the gaz; of the years of study. Minnesota Supreme the ill-prepared have long since fallen out of the race. c°:11-p:ting news media to any marked degree. Even if hi plight · con Court Justice Tom Gallagher, father The members of the class of 1965 have come from many parts of the c1cnt.iously reported you'll fin.cl your elf at the eye of an old but never of graduating senior Michael J. Gal state of Minnesota; they have attended many colleges at the undergradu more active maeslstrom: How to balance the fundamental and constitu lagher, will address this gathering. ate level; they come from both urban and rural areas; they profess a tionally protected rights of fair trial and free press. The 72 mem variety of political philosophies and religious creeds. But they have cer The Oswald debacle ba accentuated the _problem for the public, al bers of the 1965 tain things in common. though it ha Jong concerned re..._sponsible leader in the legal and jou:rnali graduating class Select at random any name from the list of 1965 graduates and vou t ic profe sion . Harvard Law· School Dean. Erwin Griswold for example are: Donald L. will likely find that you have chosen a man who is approximately. 30 ha~ publicly declared that O wald was 'convicted" in new paper and on Andersen, Min years of age, who is married and who has a family. He has gone through IT creen and ·ould never ha e had a fair trial anywhere in America. neapolis; Allan law school under his own power, perhaps with the helping of a working With pa t sifted tln-ouah, pro ecutors .interviewed and guilt as S. Anderson , wife or occasional scholarship funds. He is likely to be a man holding a sUIDed, numerous defend.ll.Ilts of a more conventional character hav e faced responsible position with a Twin Cities corporation or perhaps an ad juries fatally prejudiced at the hand of the Fouth Estate. Is it hyperbole Minneapolis; juster or accountant of some years experience. He may have great experi to say that slowly becoming engrained in Our Way of Life is the terrible Jerome T. An ence in the fields of taxation, labor relations, or patents. Almost certainly and unwhispered principle that the fair administration of criminal and derson, St. Paul; he will have a background of several years of business or employment civil justice takes a close second place to the public's taste for the morbid Oliver F. Arrett, ASSOCIATE JUSTICE experience in the community. He probably has his military training be and thirst for the facts? THOMAS GALLAGHER Bloomington; hind him and he may have served in the Korean conflict. A dialogue between the professions of journalism and the law has Larry D. Bue He is a man who has spent the past four years working the equiva gone on for over seventy years, each side often appearing more interested gler, St. Paul; Robert S. Burke, St. l~nt of two full-time jobs. He has given up a great deal of his social life; in ascribing blame than in finding a solution. Joint attempts made in Paul; Asa E. Buttrick, White Bear his weekends have been spent in study and preparation for class. Per 19 5. "1937. and 1953 to draft a voluntary code all ca.me to naught. To Lake; Carolyn A. Cochrane, St. haps he has been beset at some time during the past four years by some day, numerou law-pres. eminar are in es ion in many states and the Paul; Robert F. Collins, South St. personal problem, financial problem or illness. Nevertheless, the occasional A oci.ation of American Law chool 11a ct up an advi o:ry committee Paul; Lawrence R. Commers, Min discouraging set-backs only have served to strengthen his resolve and he of experts to help explain . uprcme Court opinions to the working neapolis. has succeeded in solving his problem and overcoming his disadvantage. pre s. In the meantime, the Federal Communications Commission has no Emmett D. Dowdal, St. Paul; He has completed a program, the basic philosophy of which is that rules or regulations controJJing abuses in this area, and is in fact expressly Eleanor M. Earle, St. Paul; Ron the evening law student must stand on his own feet, solve his own prob prohibited from exercising the power of censorship over broadcast ma lems and meet the unbending demands of the law school curriculum. No terial. The N atio11.al Association of Broadcasters sponsors a voluntary ald C. Evans, St. Paul; Alan W. concessions have been made to him during his course of study. If he was code of good practices for the television industry, but its standards are Falconer, Richfield; Leo J. Fogarty, not a mature, thoughtful individual at the time that he entered law broad and no attempt has been made to deal with the problem directly. St. Paul; Thomas W. Foley, Minne ·chool he ha certainly become one during his four ears of training. Talk of legislation in this area aives journali ts spa-vin and jurists apolis; Michael J. Gallagher, Min H e will tcll you that he owes a _great debt to his wife. and family who chills. Justice Bernard Meyer of the New York upreme Court, however. neapolis; Richard J. Grass, St. Paul; have acrificed as much a he has. it.bou t their cooperation he· could ha- everal times uggesled that it may not be uncon titutional to adopt Robert W. Gyurci, St. Paul; Charles not have ucceeded. He i a member of the elect group of 52 % of the a latute re tricting pres handling of criminal new~ to in ure a fafr R. Hall, New Brighton; Samuel L. class which entered in 1961 wliich survive~ to graduate in J une 0£ 1965. trial. Reasons Justice Meyer: To state the conflict between fair trial Hanson, St. Paul; Gene F. Happe, He is now ready to step from law school into the legal profession. requiTemen and free p ress protection is to acknowledge that both Minneapolis; Michael J. Healey, St. Some of these men will stay with their present employers; some will cannot be absolute rights. He concludes that 'neither righL is ab olute, Paul; Donald J. Heffernan, St. Paul; enter the active practice of law; still others will go into business. Many that the intere · on both sides must be balanced and that the conclusion Adrian E. Herbst, Richfield; John of those who practice law will seek jobs with Twin Cities firms but of any balancing based on reason must be that to the extent necessary R . Holte, Minneapolis. many will go to the suburbs or to rural areas. Some will practice with to protect the individuals' right to fair trial, specific limitations of the large firms, some with small firms, and some will work for corporations. free press right are constitutionally permissible." Clark F. Isaacs, St. Paul; Ronald Whatever they do, these men will bring with them a sincere love of the A spokesman for the American Society of Newspaper Editors, Her F. Johnson, St. Paul; Errol K. Kan bert Bruc.ke. disagree . The p res. onn publish anything it wishe , he con tor, Minneapolis; John F. Kelly, St. law and an overwhelming desire to succeed. t nds, ubject onl to the penalty for libel. A.t the end of the pcctrum is Paul; William D. Kenyon, North St. The tremendous talent and demonstrated ability of these men offer to J"u tice Hugo Black, who has bint d that in hi_ opinion even the law of Paul; Joseph A. Klimek, Blooming the legal profession and to the people of Minnesota a most valuable asset. libel might be held to be an unconstitutional abridgment of the freedom ton; Thomas R. Lacy, Bloomington; These men have good reason to be proud of themselves. William Mitchell of the press. Robert E. Larson, Anoka; Fred R. College of Law is proud of them! Frank tanton P rej dent of CBS, thinks a tatute specifying what Long, St. Paul; John E. McKen c_annot be published or broadcast i "a tempting pro pect becau e it ap drick, Edina; Thomas J. McLeod, pears swift and _weeping. ' E ve-n if con titutional however (and there St. Paul; James M. Mahoney, St. seems to be little question that an effective constitutional statute can be Five-year Survey Slietches Paul; William F. Messerli, Minne dmfted) ucb a statute in Mr. Stanton's eyes would generate far more critical problem··, such as imposing upon the courts the problem of apolis; Dennis J. Morgeson, Edina; Graduate Profile policing the -pre s. Allan E. Mulligan, St. Louis Park; While talk goes on in every quarter, the "clear and present danger" Thomas W. Murray, St. Paul. By Bill Glew principal enunciated by Holmes in Schenck v. United States (together Louis E. Navin, St. Paul; Dewey What Mitchell grads are up to is menl, 1.0 by medium size law firm with contempt and libel remedies) continues to offer our only guidelines M. Nelson, Minneapolis; Frank J . a tale partly told by the following (6-12 members) . and 1 by large for curbing abuses by the press. There are, of course, a number of O'Meara, St. Paul; Patrick H. O' statistics. They're the result of a la.w firm (13 or more members) . available correctives-postponement of trial, change of venue, waiver of Neill, St. Paul; John A. Page, Crys recent survey in which graduates of Four graduate~ are employed by jury, jury lock-ups, voir dire questioning of jury candidates, or standing tal; Gerald W. Pahl, West St. Paul; the last five years were questioned a bank or tru t company and one is trial and seeking reversal later. Some of these proposals are solutions Philip R. Perkins, St. Paul; Barry L. concerning their present location, in militar y ervice. Fifteen gwdu after the event, or limited rights; most are costly and circuitous; all are Peterson, Minneapolis; David L. type of employment and income! a te ar in other nelds. abdications of the problem and poor substitutes for a preventive remedy. Peterson, St. Paul; Merwin W. Pet Approximately 40% responded. The gra-duate of recent years re Suppression externally imposed on one class as a means of guaranteeing Replies were received from 49% of ported a lower propor tion of their or amplifying constitutional rights of another is no new notion in Ameri erson, Minneapolis; Richard Petrow the class of 1960, 37% of each cla.s, mployed with a small firm can law. The alternative-intra-professional regulation self-imposed by ski, Minneapolis; Gary L. Phleger, of the classes of 1961, 1962, 1963, or a a sole practitioner than did the professions-is obvious and preferable. St. Louis Park; Charles H. Potter, and 41 % of the class of 1964. ear]jer graduate· . The per cent in In the fifty-odd years that Canon 20 of the Canons of Professional Minneapolis; William H. Queenan, Most graduates have remained in dicating employment in th e two Ethics ("Newspaper publications by a lawyer as to pending or anticipated St. Paul; Robert W. Rahn, Edina; the Twin City area according to the categorjes was: Cla. - of 1964- S7% Alvin J. Remmenga, Minneapolis; litigation may interfere with a fair trial in the courts and otherwise survey. An average shows 71 % class of I 963-S9% class oi 1962- prejudice the due administration of justice. Generally they are to be Russell T. Roe, Edina; Robert J . located in the Twin Cities, 21 % in 49% , cla.s of 1961- 5~%, cla- of condemned ...") has existed, there hasn't been one reported proceeding Schaefer, Richfield; Carl W. Schoch, other Minnesota communities, and 1960-60% . against an offending lawyer, prosecutor or judge. St. Paul; Arthur W. Seaberg, St. 8% in other states. Annual income ot between ::'10,- Neither has the press in the past shown any great altruism or eager Paul; Donald R. Sjostrom, Minne The survey showed a definite pre 000 an.cl ,, 15,000 was reported by ness to abandon its role as money maker, although its avowed function apolis; Douglas W. Snyder, Minne ference for employment as a sole 32% of all graduat who replied to in doing so is to keep a democratic people informed for decision making. apolis; Emory A. Solie, Fridley; practitioner or with a small firm the questionnaire. Ironically, it is often the aptness, latitude and mobility of the press (five members or less). These two Richard R. Solie, Minneapolis; Fred Graduates were asked to .indicate in pursuit of the public weal which now demands restraint and cure. groups include 67 graduates or 46% erick W. Spencer, Minneapolis; income in one of the following five The need for reconciliation of these competing principles of journal of all those responding to the ques area : under 5,000· :5 000 to. 7 500; istic freedom and the proper administration of justice has never been David A. Streed, Minneapolis; Leon tionnaire. Of this number, 24 are more compelling. Unless the press and the bar can voluntarily achieve ard T. Street, St. Paul; James R. practicing by themselves and 43 "i ..500 to 'J0,000· 10,000 to -'15- effective policing of their respective professions, it is not unreasonable Stuart, St. Paul; William 0. White, are with small firms. 000; and over 815,000. Th replies to expect definite legislative standards appearing as embodiment of what Minneapolis; and Ronald E. Wills, Twenty-six graduates are employ indicate a trend toward concenl:ra are today merely murmurs in the outposts. J.E.C. St. Paul. ed by corporations, 15 by govern- tion in th ·1.0,000 to 15,000 range. May, 1965 WILLIAM MITCHEU OPINION Page 3 Religion and Governlllen t By Ronald F. Johnson terest of the government which acted in 1959 made it a crime for tiff was a member of the Seventh Between 1938 and 1943 there was About the Author clashed with the students' religious them to remain open on Sunday. day Adventist faith and recognized an extension and redefinition of the freedom was the furthering of "na The storekeepers asserted that they Saturday as her day of worship. personal rights protected by the Ron Johnson is a fourth year stu tional unity" among young people did one-third of their weekly bus When her employer changed from a first amendment. This change came dent residing in St. Paul. A gradu in the time of war. This is certainly iness on Sunday and that they five to a six day week, requiring her about largely because of persistent ate of the Univer a valid and substantial governmen could not remain closed on both to work on Saturday, she quit her resort to the courts by the religious sity of Minnesota, tal interest even if it is not sufficient Saturday and Sunday and still re job and applied for unemployment sect known as Jehovah's Witnesses. he has been em ly strong to permit a violation of the main in business. If they were to compensation benefits. The South During this period no fewer than ployed as a legal pupils' constitutional rights. The de obey the statute they were put to Carolina Employment Security Com thirty-one cases involving Jehovah's assistant by the fendant school authorities contend the dilemma of forsaking either mission ruled that she was not qual Witnesses were heard by the United Inheritance Tax ed in the Sheldon case that allowing their livelihood or their religious ified for unemployment benefits be States Supreme Court (with sixteen Division of the plaintiffs not to conform would dictates. Mr. Chief Justic Warren cause she failed, without good cause, deciding decisions). Commenting on Minnesota Tax create a "disciplinary problem." in writing the opinion of the Court to accept "suitable work when of this wave of cases in March, 1944, Department for This interest of the school author called this an indirect burden on the fered ... by the employment of a retired judge wrote: Johnson the past three ities is certainly anemic when com "free exercise" of their religion fice or the employer ..." In the pared with the national interest in which "does not make unlawful the Sherbert case as in the Braunfeld It is plain that present con years. Ron is 26 time of war and is certainly not a religious practice itself." He sum case, the citizen has to face the dif stitutional guarantees of per years old, married, and the father substantial enough interest to out med up the majority opinion by sonal liberty, as authoritatively of three children. ficult choice between his religious I weigh the rights guaranteed to the stating that the storekeeper's choice: interpreted by the United States beliefs and his livelihood. The ------pupils by the first amendment. Thus • . • retaining their present Supreme Court, are far broader "right" in each case is thus subs compel him to utter what is the protected constitutional rights occupations and incurring eco are than they were before the tantially the same. If the cases not his mind. of the pupils are virtually identical nomic disadvantage or engag spring of 1938 ...1 to be distinguished it must be on The practical effect of this case is in the Sheldon and Barnette cases. ing in some other commercial the grounds that the public in Two of these cases contested the that freedom of religion is protected The only valid distinction is the activity which does not call for terests set forth in the Braunfeld constitutional authority of a school similarly to freedom of speech which interest of the government. Since either Saturday or Sunday la· decision are substantially stronger board to expel from public elemen is also protected by the first amend the interest of the government set bor-may well result in some than the policy considerations pres tary schools children of members of ment. forth in the Barnette case is stronger financial sacrifice in order to ented by the facts in the Sherbert Jehovah's Witnesses whose religious Almost exactly twenty years af than in the Sheldon case, the Shel observe their religious beliefs, case. The Braunfeld case involved belief led them to refuse to salute ter publication of the Barnette case, don case is easily within the stand still the option is wholly differ the interest of the State to proclaim the flag of the United States and to the United States District Court ards set by the Supreme Court in ent than when the legislation a uniform day of rest for all the recite the familiar "Pledge of Al in Arizona decided Sheldon v. Fan 1943. attempts to make a religious citizens. But the Supreme Court de legiance." In the Gobitis 2 case de nin,1 a case with facts strikingly Just how important must the in practice itself unlawful." clares that the State in the Sherbert cided in 1940, the Supreme Court similar to the Barnette case. In the terest of the government be in order The dissent by Mr. Justice Bren case could suggest: upheld the expulsion of Jehovah's Sheldon case the statutes of Arizona to permit the suppression of the nan quoted from the Barnette case. . . . no more than a possi Witnesses children by the school provided that the state superin right to "free exercise' of religion? He felt that although the state had bility that the filing of fraudu board in Virginia. The court, speak tendant of public education shall That there are such vaild interests a legitimate basis for the statute lent claims by unscrupulous ing by Mr. Justice Frankfurter, "prepare for use in the public schools appears in an 1890 case involving a that it was not sufficient to prevail claimants feigning religious ob weighed the personal rights of the a program providing for a salute to criminal prosecution for polygamy.n against the weighty constitutional jections to Saturday work children against the attempt by the the flag and other patriotic exer might not only dilute the un. school board to promote the national cises, as meet the requirements of em p loym en t compensation cohesion and unity regarded to be the different grades." 8 In com fund but also hinder the sched so essential to national security. Mr. pliance with this statute and in con uling by employers of neces Justice Frankfurter pointed out that junction with their duty to provide sary Saturday work.17 the flag is the "symbol of national a course in music, the defendant The Minnesota Supreme Court unity, transcending all internal dif School Board and Arizona State recently decided a case involving ferences, however large, within the Board of Education had prescribed a different type of governmental framework of the Constitution . ..." 1 that as a part of general school as interest. " The petitioner in In re He stated, in substance, that this semblies students shall be required Jemson was a woman who refused was a matter within legislative auth to stand during the singing of the to serve on a ,jury on religious ority, and that bringing it into the National Anthem. Their refusal to grounds. Her refusal was based on judicial arena would, in effect, make stand was based on the refusal of her interpretation of the biblical the United States Supreme Court a the ancient Hebrew children Shad passage, "judge not, that you will school board for the nation. rach, Meshack and Abendnego to not be judged." For her refusal to The second of the two cases obey the express orders of King serve the trial judge held her in clearly shows a great change from Nebuchadnezzar to bow down at contempt of court and sentenced the original approach to this ques the sound of musical instruments her. The Supreme Court of Minne tion by th upreme Court, an ap playing patriotic-religious music in sota upheld the conviction, reason proa.ch whlch was first ta.ken "-)uch ancient Babylon.9 The plaintiffs ing that the imposition on her re be"IID during those year ·. The Gobi were of compulsory school age and ligious freedom was slight when tis ca. e wa eA-pre sly OYettnled by the school authorities expelled them compared with her civic duty to West Virginia Board of Education solely for their refusal to stand dur serve on the jury. Jury service is v. Barnette.' Again pupils were ex ing the singing of the National An certainly a substantial and neces pelled from chool for refusing to them. Their parents also faced pros sary interest of the government. al uLe th~ flag. althm1oh they would ecution for the violation of Arizona's Along with the rights and privileges stand duriua tlie ceremony. Their school laws. The plaintiffs sought given to the people, and limiting refu. al wa ba ed on their literal and the Federal District Court the power of the government, the interpretation of Exodus, Chapter awarded an injunction restraining people owe certain duties to the 4 20, verses 4 and 5. the defendant school board from government. The United States The Supreme Court held that the excluding the plaintiffs from attend Supreme Court granted certiorari right of religiou freedom a-uaran ing school. and vacated the judgment of the 6 teed bv the fir t amendmenl were The court held that there was no Minnesota court "in light of" the appli~ble to the action by t he "establishment of religion" as the Sherbert case which was decided af tate through the 'due proces plaintiff had alleged. The court ter the Minnesota decision.19 and 'equal protectio,n" clau of stated that the singing of the Na Thus the Supreme Court con the fourte nth amendment. It was tional Anthem is primarily a patrio cluded that in requiring jury serv held that the attainment of na tic ceremony and any reference to ice that the interest of the State tional unity and security, although religion is only incidental and mere was not sufficient to warrant an in desirable "ends," could not be at ly expressive of a religious faith Therein the Supreme Court upheld right. This was doubly so because vasion of the woman's free exercise tained at the expense of religious which is a historic fact. The deci- the conviction against the alleged he felt that Pennsylvania had an (Cont'd on p. 6, col. 4) freedom. Mr. Justice Jackson point sion was thus based solely on the defense that the defendant's reli easy constitutional alternative (let ed out that a limited government is "free exercise" clause of the first gious freedom was being violated by ting those who worshiped on a day 1 Edward F. Waite, 28 Minn. L. Rev. 209. 246. not necessarily a weak government. amendment. The court stated that stating: other than Sunday use that day as 2 Minersville School District v. Gobitis, He gave an indication of what the the sincerity or reasonableness of It was never intended or sup- their day of rest and remain open 310 U.S. 586 (1940). a 319 U.S. 624. State's interest would have to be the claim that their refusal was posed that the Aniendm.ent on Sunday.) • " Thou shalt not make unto thee any ;,raTcn image. or :l.JIY Ukeness of nny by stating: based upon religious grounds "may should be invoked as a prohi- The main interest of the State tbin,;r tha t I 1n heaven abov>i. or that fs It is now commonplace that not be examined by this or any bition against legislation for in the Braunfeld case was to pro In the earth beneath, o r that is ln the water under the earth; thou shalt not censorship or suppression of other court." 10 the punishment of acts inimi· vide a day of rest. The rationale bow down thyself to them nor serve them." expression is tolerated by our Two principal factors distinguish cal to the peace, good order wa3 that the day of rest is best ·s U.S. CONST. AMEND. I, "Congress shall constitution only when the ex the Sheldon case from the Barnette and morals of society.12 provided for by one uniform day make no law respecting an establishment of religion, or prohibiting the free exer pression presents a clear and case. One is that in the Sheldon Recent decisions involving Sunday when all commercial activity, ex cise thereof." • 319 U.S. 624. 633-34, present danger of action of a case the students were not required closing laws show that the Supreme cept that which is necessary, should 7 Sheldon v. Fannin, 221 F. Supp. 766 kind the state is empowered to (D. Ariz. 1963). to speak (or sing) but only to stand Court still thinks it is just to put come to a halt, thus creating as s ARIZ. REV. STAT. No. 15-1031. prevent and punish. It would during the time the National An- some restraint on an individual's complete a reprieve as possible from • Dani.el 3 :13-28. 13 10 221 F. Supp. 766, 771. seem that involuntary affirma them was being sung. It should not religious freedom. In Braunfeld v. the anxieties and fast pace of the 11 Davis v. Benson, 13& U.S. 333 (1890). tion could be commanded only matter if the act they are required Brown the petitioners were members working days of the week: 12 Id. at 342. 1• Braunfeld v. Brown, 366 U.S. 599 on even more immediate and to perform is singing, speaking or of the Orthodox Jewish faith and in The Braunfeld case did not, how (1961). Galla.gllcr v. Crown Kosher Mar urgent grounds than silence ... merely standing silently. It is not accord with their religious beliefs ever, put a halt to the trend to ket, 366 U.S. ~90 (1961). 14 18 Purdon's PA. STAT. ANN. (1960 To sustain the compulsory the act itself but the fact that they kept their retail stores closed from ward an increased judicial recogni Cum. Supp.) No. 4699.10. 15 Braunfeld v. Brown, supra note 13, :flag salute we are required to are being compelled to do an act sun-down on Friday through sun tion of the individuals' constitu at 606. say that a Bill of Rights, which contrary to their beliefs that en- down on Saturday. They made up tional rights. Sherbert v . Verner 1• Sherbert v. Verner, 374 U.S. 398 (1903). guards the individual's right to croaches upon the "free exercise" of for the loss of business on their decided less than a year ago cuts 1, Id. at 407. speak his own mind, left it their religion. The other distinction /Sabbath by remaining open on Sun deeply into the Court's reasoning 1 • In re Jenison, 120 N.W. 2d 515 14 (Minn .. 1963). open to public authorities to is that in the Barnette case the in- day. A Pennsylvania statute en- in the Braunfeld decision. The Plain- 19In re Jenison, 84 S. Ct. 63 (1963) . Page 4 WILLIAM MITCHELL OPINION May, 1965 The Greatest Outlaw the West Has Ever Known ... By Alvin J. Remmenga the Nebraska side of the 1943 sta decided between the litigants could be tried in a subsequent action be Cursed by steamboat captains of About the Author bilized river channel but contending bind either Missouri or Nebraska tween the parties. In Treines v. the 1800s and later called "the that the only authorized survey with respect to any controversy Sunshine Mining Co.,,,,, the Court A fourth year student, Al Rem greatest outlaw the West has ever showed it to be in Iowa. The ap they might have over the location said flatly: known," 1 the Missouri River for menga is married and lives with his pellants also contended that the fed of the boundary between them or One trial of an issue is wife and two sons decades has shown small respect for eral district court should have made as to their respective sovereignty enough. The principles of res in Minneapolis. He people or property lines. collateral inquiry into the jurisdic over the land in question. Justice judicata apply to questions of is a 1956 gradu Its heyday was a century ago, tion of the Nebraska state courts Black, in a concurring opinion, even jurisdiction as well as to the ate of the Univer when a $15,000 side-wheeler steam because they failed to recognize the urged that Duke should not be other issues, as well to juris sity of Nebraska boat could earn $80,000 in a single Iowa ratification act of the 1943 bound by the Nebraska judgment diction of the subject matter and took his M .S. 1 trip to Montana with a load of pas compact, providing that titles good if the two states later determined as of the parties.2 from Columbia in sengers, chickens, and whisky-un in Iowa should be good in Nebraska the land was in Missouri. Yet, the general rule under the 1959 with high less an underwater snag sank the as to any lands Iowa might cede to Do these two cases indicate that full faith and credit clause that honors. Mr. Rem- whole outfit. But then the railroads Remnienga Nebraska, and because the Nebras jurisdiction of land perhaps is los every state must give to a judg menga is present and highways slithered across the ka state courts failed to give full ing a bit of its sacred character, or ment at least the res .judicata effect ly an editorial writer for the Minne nation, grabbed the freight trade, faith and credit to the 1952 Iowa will their holdings go down the river it would have in the state that ren apolis Star and Tribune. and the Missouri became an un state court judgment. with the Missouri's floods? dered it is not without exceptions. wanted daughter of Nature, left to In so arguing. the appellants re If history has a lesson, the result The Court in the Duke case care flip her muddy skirts about during brought a similar action against the lied almost entirely upon the ruling may be the former. The Supreme fully stated that the doctrine of her almost annual flooding spree. of the Eighth Circuit court in Duke Court in Duke put it this way: federal pre-emption or sovereign Nebraska citizens in a Missouri 13 Her silt-laden waters earned her the state court, from which it was re v . Durfee that the Missouri fed ; . . while it is established immunity may sometimes override title, "Big Muddy," and author moved to the Missouri federal court. eral court had the power to make that a court in one State, when the conclusiveness of jurisdictional Mark Twain once complained the That court, although agreeing with collateral inquiry into the jurisdic asked to give effect to the determinations. river was "too wet to plow and too Duke that the land was in Mis tional basis of a Nebraska judgment judgment of a court in another But should such immunity be dry to drink." 2 souri, dismissed the second suit on that land in dispute was situated in state, may constitutionally in given to land in all cases? Is it real At "high tide"-as Omahans jok the ground that the Nebraska judg Nebraska. quire into the foreign court's ly so sacred and immovable-except ingly called it during the 1952 flood ment was res judicata and binding The Court of Appeals, however, jurisdiction to render that at the hands of a force equal to the -the Missouri's angTy waters some on the Missouri court.• ruled in Schroeder that the judg judgment, the modern deci once-wild Missouri-as centuries of times churned for 20 miles or more The United States Court of Ap ment of the Nebraska courts was sions of this Court have care judicial interpretation have de across the boundary lines between peals for the Eighth Circuit re conclusive on the question of own fully delineated the permissi clared? Nebraska, Iowa, Missouri, and Kan versed, holding that the district ership of the land and the federal ble scope of such an inquiry. And does Minnesota really care, sas. And where she finally settled court was not required to give full district court was without the pow From these decisions there for example, whether the farm on down to rest, was not always where faith and credit 7 to the Nebraska er to make collateral inquiry into emerges the general rule that the southwest corner of Shakopee is she had awakened. judgment, that normal res judicata the jurisdiction of the Nebraska a judgment is entitled to full owned by a Minnesotan or a Ne 14 Today, an $11-billion network of principles were not applicable be state courts. The court did so on faith and eredit--even as to braskan? It clearly does not be dams and pilings has just about cause the controversy involved land, the ground that, unlike Duke, the questions of jurisdiction - cause citizens of every state can tamed the wild Missouri; but the and that the Missouri court was free parties attacking the jurisdiction of when the second court's in and perhaps do own land in Min courts and others are still picking to retry the issue of the Nebraska the Nebraska state courts were the quiry discloses that those ques nesota. But does Minnesota really up the pieces. And while another court's jurisdiction over the subject same parties who originally in tions have been fully and fair care whether the title to that farm major flood on the river is unlikely, matter.• voked that jurisdiction and had had ly litigated and finally decided is adjudicated in Nebraska or Min her wanderings have started what On certiorari, the Supreme Court their day in court, and, even if that in the court which rendered the nesota? 16 could be a major change in the tra reversed." Joined by seven other distinction was not present, the 1943 original judgment. The question in each case is ditional policy against permitting members of the Court, Justice Stew boundary compact established that With respect to jurisdiction over whether ther are sufficient grounds courts to act beyond their jurisdic art held that when the location of the land was in Nebraska. Para the person, this principle was force of public policy for denying to the 15 tion.' the land was fully and fairly liti phrasing Pennoyer v . Nefj, the fully established in Baldwin v. Iowa determination of the court the ef Two recent court cases that gated and judicially determined by court added that every state pos State Travelling Men's Association.17 fect of res judicata. Among the sesses exclusive jurisdiction and There it was held that a federal factors that may enter into the stemmed from the bad behavior of the Nebraska state courts, it could 22 the Missouri make it clear that tra not be retired in another state in liti sovereignty over property within its court in Iowa must give binding ef determination are: ditional jurisdiction of land-that is, gation between the same parties. territory, and ·no state can exercise fect to the judgment of a federal (1) Whether the lack of jurisdic that only the courts of the state in In the second case. Schroeder v . direct jurisdiction over property court in Missouri, despite the claim tion over the subject matter which land is situated have the pow Land,10 the property in question was outside its territory. Therefore, the that the original court did not have is clear or doubtful. er to determine title to the land-is formerly on the west or Iowa side existing final judgment on the mer jurisdiction over the defendants per (2) Whether the determination open to attack if the question is liti of the Missouri River, the original its, without fraud or collusion, by son, once it was shown to the court as to the jurisdiction de gated and the court decides it has boundary line between Nebraska a court of competent jurisdiction is, in Iowa that the question had been pended upon questions of fact jurisdiction. and Iowa. However, an eastward under the doctrine of res judicata, fully litigated in the Missouri for or of law. In one case, Duke v. Durfee; the shift of the river caused the land to conclusive of rights, questions, and um. (3) Whether the court was one river channel, the middle of which be on the west or Nebraska side, facts in issue as to the parties in Said Justice Roberts in that case: of general or of limited jur formed the Missouri- Nebraska and the Iowa-Nebraska Boundary all other actions in the same or Public policy dictates that isdiction. boundary line, shifted so that about Compact of 1943 placed the land other judicial tribunal of concur there be an end of litigation; (4) Whether the question of jur 200 acres of land, once an island in under Nebraska jurisdiction. rent jurisdiction. that those who have contested isdiction was actually liti the river, was on the Missouri side Later, the federal government be While there are significant differ an issue shall he bound by the gated. rather than the Nebraska side of gan proceedings to condemn the ences in the fact situations of the result of the contest, and that (5) The strength of the policy the original boundary. Two Nebras land for use in stabilizing the river Schroeder and Duke cases, the rul matters once tried shall be underlying the denial to the ka citizens, one of whom was Dur channel and deposited $11,470 with ings from the same circuit in the considered forever settled as court of jurisdiction. fee and who claimed the land by the Nebraska federal district court two cases appear a bit in opposi between parties. We see no rea This last factor-strength of the virtue of a Nebraska sheriff's tax pending determination of title in the tion. The court in Duke showed lit son why this doctrine should policy of undisturbed state juris foreclosure deed, brought suit in land. tle hesitation in saying that the not apply in every case where diction over its own land-was the 1956 in the District Court of Rich John Schroeder, Roy M . Harrop, jurisdiction found by the Nebraska one voluntarily appears, pre crucial question in the Duke case. ardson County, Nebraska, against and the Homestead Corporation in courts could be collaterally attack sents his case and is fully It prompted Judge Blackmun's re a Missouri citizen, Duke, who claim tervened in the condemnation pro ed in the Missouri courts. Yet, in heard, and why he should not versal in the Court of Appeals, ed the land through a Missouri ceeding and asserted ownership of Schroeder, the court was equally in the absence of fraud, be where he said: swampland patent. the land on the basis of tax deeds forward in saying that the finding thereafter concluded by the . . . We are here concerned Although Duke was not person issued to them upon a 1952 judg of Nebraska jurisdiction could not judgment of the tribunal to with judicial disposition of real ally within the jurisdiction of the ment of an Iowa state court, find be collaterally attacked, and its rea which he has submitted his estate and we are here con Nebraska court, he appeared and a ing them to be the owners. The soning that the Iowa parties had cause.18 fronted with the traditional principle issue litigated was whether opposing claimants, Ned and Irma had their day in court is surprisely Following the Baidwi,n case, the policy of imm.unity of a state's the shift in the rivers course resulted Tyson, who were not parties to the similar to Justice Stewart's later Supreme Court soon made it clear real property from direct dis from avulsion-a rapid shift in the Iowa suit, claimed title under a 1960 opinion in the Duke reversal. in a series of decisions-involving position by a sister state's judg main channel-so that under Ne judgment of the District Court of It is true that in Schroeder there such things as divorce, personal ment . . . It seems not mi braska law the land remained a part Washington County, Nebraska, re was a boundary compact that property, and bankruptcy-that the reasonable or iinproper, there of Nebraska, or from accretion, so sulting from an attempt by Schroe placed the land in Nebraska, but general rule is no different when the fore, as a matter of policy that the land became a part of Mis der and Harrop to register and en the Eighth Circuit's opinion indi claim is made that the original form where land is concerned, to al souri. The Nebraska court found force the 1952 Iowa judgment in cates it would have come to the did not have jurisdiction over the low a court of the affected that the shift in the river's course Washington County.11 same conclusion even without the subject matter.1° In each of these state the opportunity to satisfy resulted from avulsion, that it had The Nebraska federal court, how compact. Had the court in Schroe cases the claim was made that a itself as to the first forum's 20 jurisdiction of the parties-since ever, found that the 1960 adjudica 'der had the benefit of the Supreme court, when asked to enforce the subject-matter jurisdiction. Duke appeared in the action-and tion was conclusive and dispositive Court's later opinion in Duke, it, of judgment of another forum, was In equally forceful terms, the the subject matter, and that the of the title issue and that the Ty course, would have had no difficulty free to retry the question of that other side of the argument was put land was in Nebraska. The court, sons were entitled to the money on in reaching its result-boundary forum's jurisdiction over the sub forward by Circuit Judge Matthes therefore, quieted title in the Ne deposit with the court.12 agreement or not and perhaps even ject matter. In each case the Su in the Schroeder case: braska citizen. That judgment was appealed to if the compact had placed the land preme Court held that since the The doctrine (or res judi The Supreme Court of Nebraska the United States Court of Appeals in Iowa. · question of subject-matter jurisdic cata) is but a manifestation of affirmed, and the Missouri citizen for the Eighth Circuit, with the ap Even so, the Court in Duke was tion had been fully litigated in the the recognition that endless lit- Duke-did not appeal. Instead, he pellants admitting the land was on careful to point out that nothing original forum, the issue could not ( Continued on page 5, col. 2) 1 Duke v. Durkee, 215 F. Supp. 901, matter. unJ.e.· the polic~· underlying the may by general Laws prescribe the Man • Duke v. Durfee, 308 F.2d 209 (8th 10 11 L .Ed.2d 186. 906 (W.D. Mo. 1961). doctrine of res judlcata is 0111:weii:hed bv ner in which such Acts, Record and Pro Cir. 1962). 1,288 U.S. 522 (1931). • American Mercury, June 1960, p. 94. the policy against permitting the. court to ceedings shall h!l proved, and the Effect • Duke v. Durfee, 11 L .Ed.2d 186 (1963). 1, Id. at- 525-526. • Work Boat, Dec. 81, 1956, p. 57. act beyond its jurisdiction." thereof." This rule of the Constitution was 10 318 F.2d 311 (8th Cir. 1963). ,o Da,·I " · frJvi . 305 1:.S. :12 (1938) : • Thompson v. Whitman, 85 U.S. 457 0 108 Neb. 2;2. 95 :-1 .'W .2d 01 ( l..959) . extended to all courts, federal as well as 11 Schroeder v. Homestead Corp., 171 toll ,·. Gottlieb. 305 t;.S. 10., (1938} ; (1874). See also Restatement. Judgments, • 21.5 F . ugp. 001. Accord. Chicot Coun state, by the Acts of June 25, 1948, ch. Neb. 792, 107 N.W.2d 750 (1961); Schroe 1'rel.nles '"· ~unsl1ine , lining Co .• 808 tr . 10 (1942). "Where a court has jurlsdl<.~ ty Dralnnge I bict ,• . Baxter tote llank, 646, 62 Stat. 947. Aocord, Huron Holding der v. Williams, 868 U.S. 32 (1961). ~6 (10-30 1 : Sherrer v. Sherrer, 334 U .. 12 Schroeder v. Land, 206 F. Supp. 322 343 (1948). tion over the parties and determines that 30 U.S. 3,l. $7, (1 0~0 ). Corp. v. Lincoln Mine Operating Co .• 312 it ha.s jurisdiction over the subject matter, 'U. . OIU!t. art. JV, 9. "Full FA1U1 (D. Neb. 1962). 20 308 U.S. 66. the parties cannot collaterally attack the antl Credit 5hall be !"h•en to t.lrc public U.S. 183 (1941); United States v. Land. 13 215 F. Supp. 901. 21 Id. at 78. judgment on the ground that the court Act . Recor ds. and Judicial .P.roce.edlngs 206 F. Supp. 322 (D. Neb. 1962); Gostin u 318 F.2d 311 . 22 Restatement, Judgments, 10, comment did not have jurisdiction over the subject nf every other tale. .And Ute Con.:µ-e v. Nelson, 213 F. Supp. 164 (D. Del. 1962) . rn 95 U.S. 714 (1877). b (1942). May, 1965 WILLIAM MITCHELL OPINION Page 5 PROFESSIONAL ATMOSPHERE . Senior Sam Hanson to Serve Justice Slieran Moot Court Prospers By Lee FossUin After a privileged work record those issues. He will reduce the re,. by John E. McKendrick plaintiff's viewpoint, and Sidney P. Gislason of New and a stand-out academic career, suits to memorandum form for the William Mitchell's fourth year moot court course Ulm, taking the side of the defendant, gave a talk on is nearing completion of its most successful year. Again the art of the closing argument. senior Sam Hanson's own special Justice being served. Sam will also charisma has earned him an ap- participate in the discussions in under the direction of the Hon. Ronald E. Hachey Later in the fall semester, Minnesota's two youngest pointment to serve as law clerk for which opinions are formulated by and Attorney Robert W. Gislason, the program has Supreme Court Justices, Robert Sheran and Walter Minnesota Supreme Court Justice the Justices, and will assist to a de offered an impressive succession of lectures, demon Rogosheske, presented a highly informative discourse Robert J. Sheran from August 1, gree in the drafting of those opin- strations, and other contacts with members of the on "practice and procedure in preparing for an ap 1965 to July 1, 1966. ions. practicing bar and judiciary. All have been aimed at peal." Immediately after the Christmas recess, a final Each of the seven justices on the encouraging individual participation of each student lecture was given by law partners John A. Cochrane Supreme Court employs a recent in the course. and Douglas W. Thompson on changing facets in the law school graduate as law clerk, Foremost of a number of innovations was the pre law as applied to the criminal defendant. the clerkship generally to be served sentation of a criminal appeal by four William Highlighting the second semester _was the demon immediately following graduation. Mitchell seniors to the Minnesota Supreme Court, stration of a tax fraud case in the courtroom of Judge Mr. Hanson earned a B ..\. degree which heard oral arguments sitting en bane. The four, Edward Devitt of the U.S. District Court. It was in history and economics from St. Sam Hanson and John F . Kelly representing defend the first time such a project had been undertaken Olaf college in 1961. His experience ant-appellant, Allan E. Mulligan and Gary Phleger in the moot court program. Acting out the case for while attending William Mitchell arguing on behalf of the State, were selected by their the government was U.S. District Attorney Miles College of Law has been what every classmates to make the trip to the State Capitol. Lord, while the taxpayer was represented by Hyam night law school advocate dreams The appeal was particularly noteworthy in that its Segal. The many hours of preparation volunteered by of-a broad and meaningful work special fact situation was contrived by John A. Coch these men, and by numerous government attorneys program related to the legal profes rane, prominent St. Paul criminal defense attorney and who acted as witnesses, contributed greatly to the sion, combined with a rigorous for alumnus of William Mitchell. In drafting the facts, success of the endeavor. mal legal education through class special pains were taken to raise many of the vital On dates subsequent to the federal court demon room instruction. issues in the areas of criminal procedure and consti stration, the students heard instructive lectures from tutional due process which are currently perplexing John E. Peters, head of the Hennepin County Tor Sam is presently employed as law courts all over the land. Because the Minnesota Su ens Office, who spoke on "procedure in registering clerk for Judge Douglas K. Amdahl of the Hennepin County District preme Court has not yet passed on many of these is land," and Judge Archie Gingold and Referees Eugene Sam Hanson sues, the appeal assumed added significance. Burns and Charles O'Connell of the Ramsey County Court. He was previously librarian Staggered betweeu an appeal and the two practice Juvenile Court, who described the peculiar problems Sam's duties as law clerk will in- in the Court of Appeals Library and trials which each tudent was required to prepare dur in handling juvenile cases. Earl Parker, Deputy Clerk elude studying the records and prior to that had been Deputy Clerk ing the course of the year was a series of discussion of Court of Hennepin County and Ray Lerschen, ex briefs of all cases under review to of District Court and Realty As lectures. Without exception, each of these sessions court reporter, split a session in late spring to speak isolate the issues for consideration, sistant for the Department of In was characterized by an abundance of "give-and-take" on various aspects of their jobs. and doing preliminary research on terior. between the participants and the students. The re Further supplementing the professional atmosphere sult was the dissemination of practical information which has pervaded the moot court program was the Dance, Style Show . which, to a large extent, is unobtainable through the large array of Twin City judges and attorneys who use of books. took their turns as judges at the students' practice Law Wives Work Pays Off The fall sessions were directed primarily at the trials. "how-to" aspects of trying a lawsuit. Several of the In co-ordinating the varied facets of this year's 1965 was a vintage year for Wil year by law wives as a result of state's top trial lawyers participated. In one session, moot court program, Judge Hachey and Bob Gislason liam Mitchell law wives, under the profits from the class. Jerre Logan of St. Paul's Tyrrell, Jardine, Logan & were understandably gratified by the "continued un leadership of President Mrs. Don R. Law wives undertook to become O'Brien and Robert J. King of the Minneapolis firm selfish attitude of the practicing Bar and Judiciary, Sjostrom. more involved in their charity proj of Hvass, Weisman & King led a question-answer dis who gave so freely of their time." But as also noted The organization concentrated its ect this year. April 10 they gave an cussion on both the defendant and plaintiff aspects of by both, "the accelerated interest and participation efforts on two events to raise money Easter party for 60 children at presenting a case for trial. In a second session, Wil of the graduating seniors made improvement inevit for the Law Wives Scholarship Shriners' Hospital. Mrs. D. Wayne liam H. DeParcq of Minneapolis, representing the able." Fund. The first of these events was Snyder, chairman of the project, the annual dance on which Chair arranged for entertainment, favors man Mrs. Patrick O'Neill and her and a guest appearance by a local Bob Rahn Wins OUTLAW . .. ( Continued from page 4) ticket chairman, Mrs. C. J . Com children's TV celebrity. mers and Mrs. Richard R. Solie re Final stages are being reached in National Mention igation leads to chaos; that land and the plaintiff then brought ported a profit of $250. the planning of the Junior-Senior certainty in legal relations must an action in the Nebraska courts to The other money raising event party. This event which is given In ASCAP Contest he maintained; that after a quiet title. The Supreme Court, was the annual style show. Under annually by Junior Wives for all party has had his day in court, however, held that the plaintiff had by Gary Phleger the direction of Mrs. Asa Buttrick, Seniors, their wives and parents justice, expediency and the misconceived her remedy in the Ne chairman, her ticket chairmen Mrs. will be held June 11. Mrs. Phil A. Bob Rahn, William Mitchell Sen preservation of public tran braska courts, but it almost certain Ronald E. Erickson and Mrs. Jer Gartner heads this event. ior who last October won the quility requires the matter be ly did not hold that Nebraska was ome T. Anderson, this year's show A banquet April 28 at Edgewater $250 first prize in the 1964 Nathan at an end."' not required by full faith and credit drew a capacity crowd of 500 at the Inn marks the end of a very exciting Burkan Memorial Competition at The same Court of Appeals, in a to give res judicata effect to the Thunderbird Motor Hotel. A grand first season of league bowling for Mitchell, has just been notified that dispute involving land in the St. Washington decree. total of $325, a $150 increase over law wives. his paper was selected by the 1964 Louis River between Minnesota and The Duke decision, it can be ar 1964 profits, was added to the schol And now instead of taking a National Panel of Judges on March Wisconsin, in 1913 was almost con gued, is really a judicial detour to arship fund. breather, law wives will work all 22 for one of five "Special Mention" fronted with the same question as circle historical roadblocks that Jus A special introductory course in summer on a new project to raise citations. presented in Duke, but the conclu tice Mitchell pushed out of his way law for law wives was taught this money for the William Mitchell Law In commenting sion on the merits in that case made in the Little case. year for the first time and was Wives Scholarship Fund. Mrs. John on the distinction, a jurisdictional decision unneces If that is true and if changing L. Frost, Mrs. Donald L. Anderson Judge Carl Mc very successful thanks to the efforts sary .26 Yet, Minnesota's Supreme conditions are causing the policy of and Mrs. Eugene R. Ouradnik will of Mrs. Phil A. Gartner and her Gowan, U.S. Court Court has held--contrary to the old denying jurisdiction of foreign lands work with other law wives to com of Appeals, Dis English rule•• and still the majority to lose some of its strength, a Min committee. The class was taught pile The Law Wives Cookbook trict of Columbia rule today-that an action will lie nesotan who chooses to litigate in by Dean Heidenreich. It was open which will be published in the fall. and panel member in Minnesota to recover damages Nebraska the title to his Minnesota to wives of Alumni as well as wives It is estimated that net proceeds remarked that for injuries to land situated in an land should have as much right to of students. An additional scholar from the sale of the book will reach "These were pa- other state. do so as to litigate the title to an ship of $200 will be offered next $1,000. Bob Rahn pers of high merit That was decided in Little v. Chi automobile, which Minnesota also relating to sub cago, St. Paul, Minneapolis and registers and derives some financial jects of a specialized nature .. ." Omaha Railway Co.,Z, where Justice benefit from in license fees, but way,32 and be bound by the foreign cases to a basis closer to that of Stanley Adams, president of the Mitchell said: which the Minnesotan could also court's determination. He would be personal jurisdiction. American Society of Composers, • . . An action for damages take into the jurisdiction of the treated fairly because he is appear Authors and Publishers (ASCAP) to real property is on principle Nebraska court. ing by choice or because he is within !!3 308 F.2d at 219-220. A ccord, Hunting had announced in October that Mr. just as transitory in its nature All that such a land decree could the jurisdiction of the court, and he ton v. Attrill, HU U . . 65T ( l 92) . "'Pro ceed lairs in rem to determine ttie title to Rahn's paper entitled "Copyright as one on contract or for a hold is that as against each other would not be bound if he did not lo.nd must n ecessarily be brought in the. to.t,:, ,,.;tbia whose border th.e land j ing of Insurance Rate Manuals: tort c0D1D1itted on the person and those in privity with them ei appear. There might be exceptions, sJtonted. and whose courts and officers Protection or Monopoly" was se or personal property. The rep ther the plaintiff or defendant is however, because interests of the aloue can put the party in possession." "'318 F.2d 311. lected for the cash award as winner aration is purely personal, and entitled to the land.:n Such a decree state or convenience in certain cases 25 Whiteside v. Norton. 204 F. 5 (8th f;om William Mitchell. Cir. 1013) . cert. d enied. 282 U . • i20; ap for damages. Such an action is could not bind the situs state since might outweigh the interest of the fu,at di!rni.isscd. 239 u _ . J ~. While at Mitchell Mr. Rahn has purely personal, and in no litigants in choosing their own for "" Little , . Chicago, t. Paul. Minneapo it was not a party to the suit. lis and Orne.ha Rallwny Co .• 65 Minn . .rs. served as Student Bar Association sense real."' Therefore, even if that state were um. Generally, it would seem that 07 N .W . B16 (l 9U ) . Jll!lticc Mitchell stated the old English rule this way: "".As an In· Representative and Treasurer, and Although jurisdiction in the Lit compelled to give the decree its res convenience and what interest the jury to land can only oo committed wbcre as editor of the William Mitchell tle case was held to be personal, state does have would best be the lo.nd lies, It followed U,n.t. a ccording judicata effect, there would be noth to tbl test. action~ fur such iojuries were Opinion. He received a Bachelor of courts can-in reality-affect title ing to prevent-it from subsequently served by litigation of title in the held to be local." 27 Ibid. Science in Fire Protection and Safe to land in other states. For example, ousting the successful party from state in which the land is situated. :,s Ibid. ty Engineering from the Illinois In 20 Deschenes v. Tallman, 248 N.Y. 33, if the court has jurisdiction of the the land if such possession on his However, the Duke and Schroe 161 N .E. 321 (1928). stitute of Technology in 1954. owner, he is ordered to execute a part were contrary to its law. der cases are portraits of judicial oo 21;; ti.S. 1 (1900) . a1 Reese, Full Falt h and Credit to For Mr. Rahn resides in Edina, Min conveyance of the land, and does so Even without this argument, the scenes in which it would be unfair eign Equ ity Decrees, -4 2 Iowa L. Rev. 183, nesota with his six children and to avoid contempt of court, it has 200 ( lU5i ) . Duke and Schroeder opinions-by to allow a litigant to seek his rem ~ Sanders v. :Pa.clflc Gn/!1ble Robin.son wife, Patricia. He is employed by been held that such a deed is effec their emphasis on putting an end to edy in one state and then not be C.,1., ~50 i\Un n. 2~li. 4 ~ .'\\ .~d 010 (19~,). . 1n a bint that lack o! a statute might the Fire Underwriters Inspection tive to pass title to foreign land.2° litigation-indicate a strong policy bound by it if it fails to suit his rnu.ke f orclgn ji;1rlsdlction more palata.ble, U1e MID:nesola upreme Court held in tb!S Bureau in Minneapolis and hopes This situation was carried ·one consideration for allowing a defen taste. To that extent, these two case that n stote con e.' Religion/Gov'L cused on the basis of her religious freedom. (Continued from page 3) The standards set by the Supreme of religion. The Supreme Court did Court in the Barnette case and re ALUMNI NEWS not write an opinion but rather stated by the United States District merely cited the Sherbert case as Court in Arizona in the Sheldon controlling. Following the reasoning case have for the most part been 1917 a member of Burroughs Elementary criminal division of the county at of the Sherbert case, it seems that extended rather than limited. One the United States Supreme Court exception to this statement is the CHARLES J. HEMMINGTON, 83, School P.T.A. Mr. Anderson and torney's staff. Bloedel was former family live at 4919 Colfax Ave. S., ly a corporation attorney. was convinced that there was no decisions on the Sunday closing laws. Kittson County judge of probate for showing in the jury case that ex- It is indeed difficult to distinguish more than 15 years, died at Hallock, Minneapolis. GARRY W. FLAKNE was re 1943 elected to the cusing the woman from jury serv- between the Braunfeld case and the Minn. ice would pose any practical hard- Sherbert case. The citizen in each RICHARD J. PARISH 1s the Minnesota House Mr. Hemmington was born in the ship on the state. There was no case is asked to choose between his State Senator from of Representatives Hallock area and was a member of evidence that this new-found right livelihood and his religious beliefs. the 30th District. representing the the first graduating class at Hallock (not to have to serve on juries) In the Sunday closing case the citi He was first elect 35th District. He High School. From 1917 to 1920, he would be used (or abused) by citi- zen is asking only for a chance to ed to the senate is engaged in gen served as county auditor for Kittson zens to an extent that would ham- earn his own living. In the unem in 1963; before . era! law practice County. He then practiced law at i:er the jury system as a whole. The ployment compensation case, the that he was a in Minneapolis. Hallock and later was named to the rationale of these cases shows the citizen refused to take a job which state representa His home address judgeship he held at the time of his great difference in approach by the would force her to violate her re tive, 1959-1963. is 4901 11th Ave. So., Minneapolis. death. court since the Gobitis decision. In ligious dictates, and she further He is past mem He was a longtime Hallock School 1961 that case, Mr. Justice Frankfurter asks the state to support her in the ber of the Metropolitan Planning Board member and had served as WILLIAl\1 SCHINDLER, present looked to the broad overall interest way of statutory benefits. If the Commission and first president of treasurer of the board. He was also ly practicin law in Jackson, Minne of the state. He felt the interest of cases are to be distinguished it the Metropolitan Suburban School an officer of the Presbyterian sota, will be taking over the law the state was the ultimate interest must be on the basis of the at Church at Hallock and an officer of Board Association. In 1935 he re practice of LaMont Seifert at Wells. ceived a B.A. from Hamline Uni of national unity and security. Had titude of the court toward the in several district organizations of his He received a Bachelor of Arts De the court now wanted to look to the terest of the state. The result if Church. versity. gree in Philosophy from the St. 1953 broad interests they would have the retail merchants were to remain Mr. Hemmington had been re Paul Seminary. considered the jury system as a open on Sunday would be to destroy THEODORE J. SANDHOEFNER, elected to his county office in No ROBERT H. MEIER has become whole and the duties of citizens that one of the good effects the statute vember. 37, Claims Attorney for Casualty a member of the General Counsel's go hand in hand with the rights was intended to create. The over 1919 Underwriters of St. Paul, died Sept. Staff of the American Medical As guaranteed by the constitution. all relaxed, non-commercial atmo A. I. LEVIN, 72, St. Paul, died 14, 1964, of cancer after an illness sociation, 535 N. Dearborn Street These, however, were not the in- sphere of the day of rest would be September 30, 1964. Mr. Levin prac of six months. He was born and Chicago. He is assigned to the De~ terests to be considered by the court. gone. The court is thus considering ticed law in St. Paul for 45 years. lived in St. Paul until 8 years ago partment of Investigation and will The Supreme Court rather seems to the present practical effect as the He resided at 1732 Pinehurst Ave., when he moved to White Bear Lake. be re ponsible for th inve tigation want the state to look at what will interest of the state, and since this St. Paul. Mr. Sandhoefner served in the U .S. of He~1 lth Fraud and Quackery. be the practical effect if this woman would be impaired by allowing the Mr. Levin was born in St. Paul Navy Submarine Service during His new home addt - i .J.O Elm has her way. The interest of the retail stores to remain open, the on the spot where the Court House World War II. Street, Glen Ellyn, Illinois. He was government to be considered is right to free exercise of religion now stands. He worked as an office 1956 formerly a member of the Chief whether there is going to be any par- must in this situation be secondary boy in a law office while at school. RAYMOND PAVLAK was elected Attorney's Staff, V.A. Center at ticular immediate hardship on the to the peace and good order of the Mr. Levin was a graduate of the to represent the Fort Snelling. trial system if this woman is ex- society. University of Minnesota. Upon his 13th District 1962 admission to the Bar, he worked as North in the State RONALD THOMAS was recently Deputy Clerk of Probate Court un Legislature. He is appointed to the Hennepin County Building Fund Donors til he entered private practice in practicing law in attorney's office as an assistant 1921. For the past thirteen years he South St. Paul county attorney assigned to the Donors of $10,000 or more was associated with his son, Albert and is a graduate Domestic Relations Unit. West Publishing Company; Margaret H. & John E. Kelley Levin, as the senior partner. Foundation, Inc. of St. Thomas 1963 College. He lives Donors of $1,000 or more 1924 WILLIAM N. BERNARD has Ave. No., South St. American ~ ational Bank; Berghuis, W. P.; F. R. Bigclow Foun F. GORDON WRIGHT was re- at 1023 16th joined the Willmar, Minnesota law dation; Otto Bremer Foundation; Briggs & M or •an; T he Bush elected to the Minnesota House of Paul. firm of Davis & Strauman. He was 1957 Foundation; Carroll, Harold J.; Connolly, John L.; Cummins, Carl Representatives. He has been the forme_rly employed as contract man W., Sr.; Dell, Hon. Roger L.; Deparcq, William H.; Doherty, State Representative from the 36th JACK DeVAUGHN is practicing ager for the Univac Division of Rumble & Butler; F & M Foundation; First National Bank of St. District since 1955. Mr. Wright is law in M inneapolis. Eis business ad Sperry Rand Corporation. a member of the law firm of Wright, dress is 1625 Park Ave. Paul; First Trust Company of St. Paul. Storlie & Wanglie, Minneapolis. A DANIEL B. GALLAGHER has ac 1964 Gallagher, J. B.; Great Northern Railway Foundation; The member of the Canadian Army for cepted a position as an attorney JAMES D. GIBBS announces that Hamm Foimdatiou; King, Warren B.: :NicGough, Paul J.: }IcKnight five years, he is chairman, U.S. Na- with the Minnesota State Industrial he is in the private practice of law .FoWJ.dation· l\Ia.rkham. B urr B.; :Maun, Hazel, Green, H ayes imon tional Council, Canadian Legion. Commission. He was formerly in in association with Ward P . Gron & Aretz: Meehl, P ercy M .: The Minneapoli Clea.ring H ou-e A- o From 1945 to 1954 he was chair- practice at Waseca, Minnesota, and field. The offices are located at 556 ciation; Minnesota Mining & Manufacturing Foundation, Inc.; man of the Legislative Committee was a Waseca municipal court 40th Ave. N.E., Columbia Heights, Minnesota Mutual Foundation, Inc.; Murnane, Murnane, Battis & of the Minnesota State Bar Asso- judge. Minnesota. deLa.mbert; Northwestern National Bank of St. Paul; Oppenl1eimer, ciation. He is also director of the 1959 RONALD R. FRAUENSHUH has H odg on. Brown, Wolff & Leach; Joseph Paper Foundation. Inc.; Minnesota Society for the Preven ERNEST A. BEEDLE, State Rep- joined Rainer L. Weis in the prac Rerat, Eugene A.; The Robins, Davis & Lyons Foundation; Clem tion of Blindness. His address is resentative, is rep tice of law at Paynesville, Minne A Ryan; Ryan, Ryan & Ebert; Stewart, Arthur A.; The Tozer 2912 Chowen Ave. So., Minneapo resenting the 46th sota. The firm will be known as Foundation, Inc.; Waldorf Paper Products Company. lis. District South. He Weis & Frauenshuh. RICHARD ARVOLD has become Donors of $500 to $999 1926 is a member of The Elmer L. & Eleanor J. Andersen Foundation; Christensen, associated with K. L. Wallace at J. NORMAN PETERSON is the the Beedle Law Carl G.; Felhaber, Larson & Fenlon; Gannon, John M.; Gustafson, Alexandria, Minnesota. Judge of Probate and Juvenile Firm, 221 Grand Harry; Hoppe, Robert L.; Mahoney & Mahoney; Taylor, Arthur J. PERRY L. WILLIAMS, formerly Court at Long Prairie, Minnesota. Ave., West St. Paul. Mr. and with Mordaunt, Walstad, Cousin Donors of $100 to $499 1934 Mrs. Beedle and eau & McGuire, announced his as Allen, Fred; Altmann, Geraghty & Mulally; Austin, Curtis E.; GERALD E. CARLSON an their two children reside at 868 sociation with Richard Dobis under Baudler, Richard C.; Benson, Elmer A.; Blum, Howard J .; Brehmer nounces that Donald F. Giblin Delaware, St. Paul. the firm name of Dobis & Williams. and McMahon; Brennan, Mark C .; Burke, Scott & Burke; Burns & Rossi; Casey, Byron J.; Christopherson, John. (1964) has become associated with KENNETH E. SCOTT represents Their new offices are located at 3984 Central Avenue N.E., Columbia Craig. J. W.; Cummins, Carl, Jr.; English & Velta; Erickson, him in the practice of law at 32 the 10th District in the Minnesota Heights, Minnesota. C. L.; Fankhanel, Harry; Faricy, Moore, Costello & Hart; Fideli ~· East Moreland Avenue, West St. House. A former claims examiner RONALD J. McGRAW has joined Bank & Trust Co.; Fling, Paul V.; Gault & Gustafson; Granrud, Paul, Minnesota. for the Agricultural Insurance the law firm of Donald Comer in Carl F.; Gunn, Hon. William D.; Irvine, Hon. L. J.; Iverson, Irving 1935 Group, he is presently practicing Hutchinson, Minnesota. C.; Lyons, P. J .; Miley, Mortimer B.; Moriarty, Louis J.; Mur law in Fairmont, Minnesota. His HAROLD J. ANDERSON has RICHARD F. NITZ has become phy, Hon. William P.; Nierengarten, William J.; Northwestern home address is 303 Woodland Ave., been representing the 37th District associated with the firm of Polking State Bank of St. Paul; Quealy, Howard P.; St. Paul Abstract & in the State Legislature since 1951. Fairmont. 1960 horn, Williams & Nelson. The firm Title Guarantee Co.; Steimann, Urban J.; Stringer, Donnelly & Sha He is a member of the Minneapo maintains offices in Fergus Falls rood; Title Insurance Company of America; Trost, A. A.; Twin lis law firm of Anderson, LeVander, PIDLIP J. BLOEDEL has re and Pelican Rapids. City Federal Savings & Loan Association; Van Eps, Francis; Ward, Zimpfer, Monson & Tierney. From signed as an assistant Hennepin JAMES TSCHIDA is with the Martin J.; Yngve, Albert. 1942 to 1946, he was a special agent County attorney to go into private Minnesota Attorney General's staff for the F.B.I. He is also presently practice. He was assigned to the Donors of up to $100 as a special assistant. Adams, Marvin; Barth, Norman A.; Bergstrom, Stanley; Burry, ARTHUR F. BLAUFUSS, form 1 H. H.; Carroll, J. Russell; Clement, Paul; Corrick, William j_; erly residing in St. Paul, has be Drake and Drake; Eckholdt, William H.; Edman, Arthur T.; Em come associated in the firm known mer, Earl A.; Erickson, Zierke & Kuderer; Farnes, Harold; Gust, as Meehl, Wiltrout & Franta with Laverne M.; Harroun, Bernard M.; Hauser, Walter U:; Heidenreich, law offices at 305 North 2nd. St., Douglas R.; Holten, Clarence; Kelly, James L.; Kemmer, Sherman; Marshall. The new firm will be Kodadek, George R.; Kreuziger, Victor. known as Meehl, Wiltrout, Franta Lenzmeier, Roger R.; Lloyd, Charles R.; Loonan, James M.; & Blaufuss. He was employed for McCarr, Henry W. Jr.; McEvoy, E. T.; Maloney, George; Miller, the last four years as a claimsman Roger C.; Minneapolis Business College; Monson, Robert J.; Mur for Main & Baker Co., in Minne ray, Eugene R.; Nygaard, Bert; Paulet, Harry E.; Pearson, Curtis; SOISS 'UUJW 'JRIIJ 'IS apolis. Peterson, Everett L.; Peterson, Franklin D.; Pilgram, William M.; oon "ON wma.1 PATRICK S. LEARY is practicing ·uumr 'tm•.i l«!"S ·aAy l!UfflDlS OOIZ Raidt, Jerome G.; Rodenberg, Richard; Roseen, John J.; Ruenitz, law in Marshall with the firm of John; Simpson, John W.; Stalland, Luther M.; Thomas, Patrick J.; OIVd M.t?'} JO ajauoJ naqal!W UIB!IHA\ Quarnstrom & Doering. He was anv LSOd ·s· n Toms, James E.; Van Valkenburg, Horace; Vogel & Lemmons; formerly with State Farm Insur ·.l!JO l!JO.I.I-UON JO Wahlberg, Raymond E.; Wasgatt, Hon. John A.; Welsh, Michael J . U0!18p088V .mg 1U.lpD1S .ll{J, ance Co.