Denver Law Review Volume 36 Issue 2 Article 14 1959 Vol. 36, no. 2: Full Issue Dicta Editorial Board Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation 36 Dicta (1959). This Full Issue is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. f VOLUME 36 1959 f The Denver Bar Association The Colorado Bar Association The University of Denver College of Law 1959 dicta Vol. XXXVI, No. 2 March-April 1959 Published bi-monthly and copyrighted 1959 by the Denver Bar Association, the Colorado Bar Association and the University of Denver College of Law. EDITORIAL STAFF EDITORIAL BOARD Editor, University of Denver College of Law: Jim R. Carrigan Denver Bar Association: John Fleming Kelly Colorado Bar Association: Stanton D. Rosenbaum, Leslie A. Gifford COLLEGE OF LAW Editor in Chief: James E. Jackson Article Editor: John E. Harrington Note Editor: Wilbur Sato Case Comment Editor: Robert Frye Staff: E. R. Archambeau, Jr., Benjamin Craig, Anne Douthit, Sven Johanson, John L. Kane, Jr., Ronald Malin, John Rich, and John A. Tucker, Jr. Business Manager: Eugene J. Roberts ADVERTISING AGENT: DICTA Advertiser, College of Law, 1445 Cleve- land Place, Denver 2, Colo., ALpine 5-3441, ext. 644. SUBSCRIPTIONS AND CONTRIBUTIONS: Mail contributions or orders for subscriptions or back issues to DICTA Business Manager, University of Denver College of Law, 1445 Cleveland Place, Den- ver 2, Colorado. $1.00 per copy, $5.00 per year. Draw cbecks payable to "DICTA." The submission to the editors of articles of interest in the profession is invited. The opinions expressed herein, unless otherwise indicated, are not necessarily those of the Associations, the College of Law, or the Editors. Price: $1.00 per copy; $5.00 per year. LAW DAY U.S. A. 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AM 6-0431 CONTENTS SPECIAL CENTENNIAL ISSUE FOREW ORD- A SENSE OF THE NOBLE ............... .............. ............. 101 by Maurice Reuler COLORADO APPELLATE COURTS-THE FIRST HUNDRED YEARS 103 by Albert T. Frantz THE BEGINNINGS OF LAW IN COLORADO -----------------------------111 by James Grafton Rogers COLORADO'S CONSTITUTION OF 1876 -------------------- 121 by Harold H. Dunham THE ORIGINAL "RUSH TO THE ROCKIES" 131 by Golding Fairfield A HISTORY OF THE UNIVERSITY OF COLORADO SCHOOL OF LAW 139 by Edward C. King A HISTORY OF LEGAL EDUCATION IN DENVER 147 by Harold E. Hurst THE SUPREME COURT OF THE TERRITORY OF JEFFERSON ........ 155 by William Hedges Robinson, Jr. EARLY M INING IN COLORADO ............... .. ....... .............. ... ... 163 by Harold E. Popham A HISTORY OF THE DENVER AND COLORADO BAR ASSOCIATIONS 169 by Donald S. Molen HUMAN STEAKS AND A WHISKEY CHASER --------- 179 by Yale Huffman BOOK REVIEW-Forbes Parkhill: THE LAW GOES WEST ............ 187 by Mitchel B. Johns LAW DAY U.S. A. Program... Page 112 DICTA MARCH-APRIL 1959 "A"to "Zoning Today the entire text of America's Great Law Encyclopedia is complete from "A" to "Zoning". ce Ie S. Corpus Juris Secundum Quoted and Cited by the courts - State and Federal - gives you a complete coverage of American Law - in easy-to-read text form. The footnotes brief you on all the controlling authorities. Lt us furnish fu/ letais WEST PUBLISHING CO. ST. PAUL 2, MINN. MARCH-APnjl. 1959 DICTA iloreword A SENSE OF THE NOBLE By MAURICE REULER Member of the Denver firm, Mason, Reuler & Peek The profession of the law is an ancient and honorable one. Certainly our common inheritance springs at least from Magna Charta or before. Indeed in many ways the most splendid impulses of Western civilization have been reflected in the law. Our fore- bears built an abiding structure for the solution of man's social relations through peaceful communication. This structure is the law. Yet the structure was not built solely by great leaders in the field of our profession nor has it been an edifice constructed of tremendous cornerstones. Rather it has been created by the work of countless laborers in the legal quarries. These unknowns have tended their individual cases with earnestness, zealousness and in- tegrity. It is they who have morticed and placed brick by brick the structure forming the law. Amid the forest of daily tasks encompassing a lawyer it seems that certainly one major beacon that has guided our brethren in the past has been the principle that we are men in an honorable profession whose standards of conduct must remain high and in- violate from the temptations of the market place. Today our profession is under severe attack, and the question arises as to why should this be so. The answer lies in the fact that many of us have forgotten our inheritance. We have sat passively while those less qualified have usurped our prerogatives-preroga- tives which have been earned over hundreds of years and which now threaten to slip away in decades. We have descended into the market place and have thus lost the respect of those with whom we deal. The uniqueness of a lawyer was and ought to be integrity. We should stand like rocks before the storm, remembering that our heritage is one of honor, that ours and our client's interests are one, that we are a source from whom he will receive advice with only his and not someone else's interests at heart. We must reaffirm our faith in ourselves as a bulwark of liberty against the ceaseless pres- sure of conflicting demands. Upon doing these things we will regain a sense of the nobility of our profession and will once more place ourselves in the forefront of those who seek the high road that leads to justice. A LITTLE KNOWLEDGE The familiar maxim that a little knowledge is a dangerous thing is perhaps nowhere more apt than in the field of legal research. The lawyer who relies upon a case or statute he finds applicable in principle without checking its current status as authority exposes both his client's interests and his own reputation to grave jeopardy. The case may well have been reversed or overruled, the statute amended or repealed or declared unconstitutional and void. Even the simple citing reference adds to or takes from a cited case some significant measure of weight or force. Reference to the appropriate edition of Shepard's Citations makes instantly apparent the present value as authority of the case or statute in which an attorney is interested. Without such informa- tion, his little knowledge concerning that case or statute is indeed a dangerous thing. Shepard's Citations COLORADO SPRINGS COLORADO MARCH-APRIL 1959 DICTA COLORADO APPELLATE COURTS - THE FIRST HUNDRED YEARS By ALBERT T. FRANTZ Associate Justice, Colorado Supreme Court Albert T. Frantz was awarded the LL.B. degree cum laude from the University of Notre Dame in 1929. He practiced law in South Bend, Indiana until 1936, when he re- turned to Denver, his native home. He was in active practice here until 1952, when he was elected to the district court. In 1956 he was elect- ed to the Supreme Court of Colo- rado, and is now an Associate Justice of that tribunal. Mr. Justice Frantz is president of the Urban League of Denver; a member of the Board of Governors of the Colo- rado Bar Association; on the Board /of Directors of the Colorado chap- ter, Multiple Sclerosis Society; and an honorary member of Phi Alpha Delta law fraternity. History in its most common connotation is epic-indeed, tragi- epic. On its pages are spectacular accounts of movement and change: the drama of struggle, of the rise and fall of peoples and nations, of the, birth, growth and decay of civilizations and govern- ments, and of the emergence, dominance and decline of military and civilian leaders. "The course of life is like the sea; Men come and go; tides rise and fall; And that is all of history."' In this sense history excites the imagination. To the reader the words of each page become men revivified and deeds re-enacted, and verily, he is living imaginatively in a past. Understandably, a history of a supreme court cannot be history in such a sense. Striving to dispense justice in accordance with principles, norms and standards which have been tried, tested and found good in the crucible of the Judeo-Christian ethic of the peo- ple, its history is generally one of stability and somewhat colorless constancy. And such in great measure is the history of the first one hundred years of the highest appellate court of this state. Mr. Justice Wilbur F. Stone, in an address entitled "History of the Appellate Courts of Colorado" given to the Colorado and Denver Bar Associations on the occasion of the reorganization of the Su- preme Court on April 5, 1905, had excellent authority,' when he 1 J.