November, 1936 University of Pennsylvania Law Review And American Law Register FOUNDED 1852 Published Monthly, November to June, by the University of Pennsylvania Law School Copyright 1936, by the University of Pennsylvania. $4.50 PER ANNUM FOREIGN, $5.00 CURRENT COPIES, 75 CENTS BOARD OF EDITORS VICTOR J. ROBERTS, Editor-in-Chief ALBERT B. GERBER, Managing Editor DAVID COHEN, Legislation and Book Review Editor EDWARD I. CUTLER, Note Editor HAROLD E. KOHN, Case Editor MADISON S. DuBOIS, Secretary Associate Editors JOSEPH BELL NORMAN L. PLOTKA STEPHEN T. DEAN JOHN N. SCHAEFFER, JR. HYMAN GOLDBERG FLORENCE SCHWARTZ WILLIAM A- O'DONNELL ROBERT 14 TRESCHER Student Contributors to This Issue SAMUEL B. BLASKEY IRVING R. SEGAL RAYMOND J. BRODERICK LEON SHECHTMAN RICHARD N. CLATTENBURG JOHN S. SIMPSON SYLVAN M. COHEN JAMES A. SUTTON MYER FELDMAN HARRY A. TARIFF HERBERT G. ZAHN Correspondence concerned with editorial matters should be directed to the EDIToR-IN- CHeFr; address business inquiries to the SECRETARY. The Law School Leaves of absence for the present school year were granted to Professor Reynolds D. Brown and Professor William H. Lloyd. This necessitated a redistribution of their work. Professor Francis S. Philbrick will give the Third Year course in Real Property (Future Interests) and Thomas B. K. Ringe, Esq. (Class of 1926) will teach Legal Ethics, the two subjects which Professor Brown has given for many years. Second Year Equity, one of Professor Phil- (So) THE LAW SCHOOL brick's courses, has been assigned to Earl G. Harrison, Esq. (Class of ,923). Professor Lloyd's courses in Civil Procedure, Suretyship and Mortgages have been given to James Harman Chadbourn, A. B., J. D., who has been called as Visiting Assistant Professor of Law. Professor Chadbourn comes to us from the Law School of the University of North Carolina. Professor Alexander H. Frey will this year give his Third Year course in Business Associations (Co-operative Associations, Foreign Corporations, Stock Brokerage Transactions) as a seminar for specially qualified students who will be assigned to research on particular problems. First Year instruction in Legal Bibliography will be amplified by Assistant Professor Layton B. Register, with the co-operation of the Gowen Fellows. The class will be divided into small groups who will be brought into immediate contact and practice with the books themselves. Professor Edwin R. Keedy spent the summer in France with Chauncey M. Depuy, Jr., Gowen Fellow, in the further study of French Criminal Procedure. The results of this work will be published in article form during the coming year. Professor Francis H. Bohlen continues as Reporter of the American Law Insti- tute on Torts and Professor Alexander H. Frey has been named Adviser on the Restatement of the law of Security, the latest subject to be undertaken by the Institute. A case book on Conflict of Laws by Elliott E. Cheatham, Noel Thomas Dowling and Herbert F. Goodrich has just-been published. The Gowen Fellows this year are Chauncey M. Depuy, Jr., Chambersburg, Pa., reappointed for a second year to continue study in French Criminal Procedure; Sylvester S. Garrett, Jr., Merion, Pa., who is working in the field of Conflict of Laws and assisting the Judicial Council of Pennsylvania in its study of the rule-making power; Sydney S. Asher, Jr., Philadelphia, who is at work in the field of property law under Professor Philbrick. Two new essay prizes are announced. The Society of the Alumni offers a first prize of $6o and a second prize of $4o for the best two legal essays written by second year students. The Lawyers' Club of Philadelphia offers a prize of $5o to the Third Year student who writes the best essay on any one of three submitted topics, the winner to be chosen by a jury of two members of the Lawyers' Club and a member of the Law School Faculty. The entering class numbers the same as last year (145) at this time. This is the first year since 1929, with the exception of 1933, in which a decrease in the entering class has not been recorded. It may be noted that a graduate school requiring a college degree of all entrants necessarily feels the major movements up or down in undergraduate registrations four years late. Hence the present trend upward in college admissions may not be substantially felt by the Law School for some years to come. It is interesting to note that the percentage of students coming from the State of Pennsylvania at large, outside Philadelphia, continues to increase while the local Philadelphia group has again decreased. The tables are as follows: Class Enrollment 1934-35 1935-36 1936-37 First Year 174 145 145 Second Year 131 121 103 Third Year 1oe 118 100 Four-year Students 7 '4 Graduates, unclassified and hearers 13 12 9 420 403 371 UNIVERSITY OF PENNSYLVANIA LAW REVIEW Class Admitted in 1936 According to Colleges University of Pennsylvania: Georgetown Susquehanna x College 18 George Washington Swarthmore 2 Wharton 15 Geneva Temple 8 Miscellaneous I Harvard Trinity, Hartford, - 34 Haverford Conn. x Other Institutions: Juniata University of Delaware 2 Albright I Lafayette University of Michigan x Allegheny I La Salle University of Pittsburgh 2 Amherst 4 Lehigh Ursinus 3 Bowdoin I Marywood Vassar I Bucknell 3 Muhlenberg Villanova 2 Catholic University of Notre Dame Washington and Jeffer- America 2 Pennsylvania State son 2 Dartmouth 5 Princeton Washington and Lee I Dickinson 2 St. Joseph's Williams 2 Duquesne x St. Thomas Woman's Medical Col- Franklin & Marshall 6 Smith lege of Penna. I Total 149 1934-35 1935-36 1936-37 From University of Pennsylvania 34+% 23+% 23+% 65+% 76+% From Other Colleges 76+% Geographical Distribution Philadelphia 47+% 36+% 27+% Pennsylvania (outside Philadelphia) 40+% 47+% 6o+% Other States and Forei gn Countries 1I+% 16+% "i+% Herbert F. Goodrich..