Professorship was revived by the exertions of Professor Parsons, who secured the appointment of Emery Washburn, of Worcester, who was at that time just quitting the governorship of Massachusetts. Those who had the honor and privilege of knowing the last three named, Parsons, Parker, and Washburn, will not be content without reading all that Mr. Batchelder has said of them.-Harvard Law Review, January, 1903. BANKRUPTCY-TRUSTEE'S TITLE SUPERIOR TO MECHANICS' LIENS FILED SUBSEQUENTLY TO PETITION IN BANKRUPTCY.-Judge Wallace, of the U. S. Circuit Court of Appeals, Second Circuit, in December handed down the opinion in the Herman Roeber bankruptcy case which nearly closes the vexed bankruptcy question of mechanics' liens. It is settled that mechanics' liens filed prior to the petition in bankruptcy were valid against the trustee but the status of liens filed subsequently to the petition has been mooted. The lien was filed under the New York lien law and the lower court held it superior to the trustee's title, and Thaddeus D. Kenneson, Field, of the New York law firm of Kenneson, Crain, Emley, Field, and Rubino, appealed successfully. The lien was filed by a sub-contractor against the bankrupt contractor under the New York statute which is similar to that in most states. The court in construing the statute holds the filing of the lien and so the time of filing to be the essential, citing McCorkle v. Herrman, 117 N. Y. 297; Gibson v. Lenane, 94 N. Y. 183, and Stevens v. Ogden, 130 N. Y. 182. The decision is in line with the later cases where liens have conflicted with the title of an assignee for the benefit of creditors: Armstrong v. Burden Milk Co., 65 App. Div. 503; Crane v. Kinney, 68 App. Div. 163; Mandeville v. Reed, Abt. Rr. Rep. 173, and Ryerson v. Smith, 152 Ill. 641, and there should be no difference in principle where the assignment is for the benefit of creditors or for the benefit of one creditor. Chapter News. NEW YORK PHI DELTA PHI CLUB. The two main meetings of the club this season were held at the Marlborough Hotel on the evenings of October 20 and January 5. At the October meeting the attendance was the largest in the club's history, and extra tables were, for the first time, needed in the large dining room to seat all the members. The speakers of the evening were Justices William A. Keener, Story, formerly dean of the Columbia Law School, and Alfred Steckler, both of the New York Supreme Court. Professor Chas. Thaddeus Terry, Story, of the Columbia Law School, the president of the club, presided. Judge Steckler, who was elected to honorary membership, delivered the principal address of the evening which is printed in full in this issue of the BRIEF. The other speakers were Judge Keener and Professor Isaac F. Russell, Field. At the January meeting the club's officers for 1903 were elected. Professor Terry was unanimously reëlected president. The attendance was about eighty-five and the speakers of the evening were Professor Russell and Henry Wollman, Kent; Professor Russell delivering the formal address on "The Equal Protection of the Laws." Mr. Wollman spoke on "Needed Changes in the Law," and was followed by an informal discussion. The club-house question was presented by President Terry, who is rapidly pushing it to a conclusion. NEW YORK, January 6. WASHINGTON ALUMNUS CLUB. C. H. T. The unveiling of the memorial monument erected by the club and Marshall chapter at Justice Marshall's birthplace, Midland, Va., will take place probably on February 4, 1903, the one hundred and second anniversary of the day on which Justice Marshall took his seat on the Supreme Court bench. The details of the ceremony have not yet been perfected, but it is planned that a deputation from the club and from Marshall chapter will go to Midland in the morning to unveil the memorial with simple ceremonies and an address by a descendant of the Chief Justice, and that the formal exercises will take place in Washington on the evening of that day. The secretary of the club has received assurances from Mr. Chief Justice Fuller that at least one of the members of the Supreme Court Bench will take part in the Washington exercises. By holding the main exercises in Washington in the evening a fuller attendance can be secured than by holding the exercises at Midland, fifty miles from Washington, in the country. The Phi Delta Phi Club this winter holds monthly smokers in the new rooms in the Cincinnati Inquirer Building, opposite the Arlington Hotel. It is proposed to have a formal dinner some time in March or April. WASHINGTON, D. C., December 17. KANSAS CITY ALUMNUS CLUB. F. V. B. The Kansas City Alumnus Club is again active and with its membership increased by several recent alumni who have joined the local bar. On December 15 a well-printed and attractive circular signed by the officers of the club was sent to the members and local alumni announcing the annual dinner at the Kansas City University Club on the evening of December 21. Among the speakers announced was Hon. Alexander Martin, Tiedeman, dean of the University of Missouri Law School. Mr. Martin died just after the announcement but instead of postponing the meeting it was in part given to exercises commemorating Dean Martin and his work. The dinner, while saddened by Judge Martin's death, was thoroughly successful; the legal addresses were able and interesting, and good-fellowship prevailed. Elmer N. Powell, the president, had copies of Phi Delta Phi songs, "Initiation Ode," "Jolly Brothers" and "Phi Delta Phi Hymn," prepared for each guest. The Kansas City Journal of December 21, 1902, reported the dinner as follows: "The Kansas City alumni chapter of the Phi Delta Phi, a Greek letter association of graduates in law of universities, held its annual dinner and election at the University Club last night, twenty of the forty-five members being present. Speeches were made during the evening by Judge James W. Green, dean of the law school of Kansas University; E. C. Wright, Elmer N. Powell, J. G. Smith, Denton Dunn and several others. Judge Green talked mainly about the ethics of the profession and about an effort making to have passed a bill requiring three years' study in a law school or law office, and a general common-school education as prerequisites for admission to the bar. The election resulted in the choice of these officers: "Committee to draft resolutions on Judge Martin's death-T. C. Spark, Sam B. Strother, W. F. Wilkinson. Officers-Edward C. Wright, President; E. N. Powell, Secretary; Bryant S. Cromer, Treasurer. "A secret committee of three to coöperate with the Bar Association in protecting the profession's ethics was named. "The Phi Delta Phi was formed in 1869 at Ann Arbor, by Judge Thomas M. Cooley, and only graduates of law schools or colleges where there is a chapter are eligible to membership." Several members of the club are also members of the University Club, and with these as a nucleus the club expects to report activity and growth. KANSAS CITY, December 22. PORTLAND ALUMNUS CHAPTER. E. N. P. The alumnus members of Chase chapter, together with a few from Miller, in the latter part of June, organized an alumnus chapter at Portland, Oregon, and the prospects are very encouraging for a strong organization. Its membership is not only of those who have just finished the law school, but also of some of the most prominent lawyers in the city. Those who have joined are Earl C. Bronough, Chase, Consul; Jay H. Upton, Chase, Pro-Consul; James M. Ambrose, Chase, Scriptor; Geo. C. Stout, L. A. McNary, G. D. Storey, B. L. Stowell, O. J. Kraemer, D. P. Price, Ore Price, Chas. Bronson, Herbert Nichols, Dan J. Malarkey, Rodney L. Glisan, Hopkin Jenkins, Joe O'Conner, Ed. B. Sterling, W. A. McCrum, J. H. Klosterman, Clinton P. Haight, Robery W. Galloway, A. M. Compton, all of Chase, and Frank B. Riley and A. E. Leiter of Miller. The club has a house-boat and has been using it for headquarters and meeting place, but we have about decided that it would be advantageous to sell it and procure permanent rooms, and if plans mature we will soon have a place of refuge for all wandering Phi Delta Phi brothers who may happen to visit the far distant Northwest. PORTLAND, OREGON, December 22. J. H. U. BOOTH-NORTHWESTERN UNIVERSITY LAW SCHOOL. Northwestern University Law School opened its 1902-3 college year on September 23, in its new building at the corner of Lake and Dearborn streets. On Monday, October 20, the new Law School Building was dedicated, Justice Oliver Wendell Holmes, Choate, making the address and speaking of Dean Wigmore, Booth, as follows: "I never had the opportunity to give public expression to my sense of the value of the work of your accomplished dean. I have come in for my share of criticism from him, as also I have had from him words which have given me new courage on a lonely road. I feel quite sure, from his printed work, that his teaching will satisfy the two-fold desire of man; that it will be enlightened with intelligent economic views and give men what they want to know when they go out to fight, but that also it will send them forth with a pennon as well as with a sword, to keep before their eyes in the long battle the little flutter that means ideals, honor, yes, even romance in all the dull details." This caused round after round of applause long and continued. Preliminary to the introduction of Justice Holmes, the keys of the new building were formally presented to Dean Wigmore by Judge Oliver H. Horton, of the Board of Trustees. A reception to Judge Holmes in the new building followed the address. On the following day, October 21, at Evanston, Dr. Edmund James was formally installed as president of Northwestern University. At this ceremony, in addition to alumni and friends, 200 college presidents were present. Bro. Matthew Mills, Booth, '03, represented the law school as one of the speakers. The interest of Booth chapter in the law school has always been very strong. Recently the chapter of 1901-2 presented the law school with a bronze bust of President Lincoln. On its bronze plate is the inscription: IN THE OLD TREMONT HOUSE THAT FORMERLY STOOD ON THIS SPOT ABRAHAM LINCOLN, DURING HIS PRACTICE AT the Bar, AND FROM THIS BALCONY IN 1858 HE ENGAGED IN ONE OF HIS MEMORABLE DEBATES PRESENTED TO THE LAW SCHOOL OF NORTHWESTERN UNIVER- In the main lecture room, known as Booth Hall, after Hon. Henry Booth, first dean of the school, hangs his portrait in crayon. This also was presented to the school by the chapter several years ago. |