Digital Commons Network^™

Whole Issue Nebraska Bird Review (July 1955) 23(3)

Nebraska Bird Review

TABLE OF CONTENTS

The President's Page ................................................................................ 50

Meetings and Reports ................................................................................ 52

Spring Field Day 1955 ................................................................................ 54

General Notes ................................................................................................ 57

Book Review .................................................................................................. 60

Ec55-903 Setting The Table, Ethel Diedrichsen

University of Nebraska-Lincoln Extension: Historical Materials

Extension Circular 55-903: This is about how to set the table properly, with basic table setting rules.

Whole Issue Nebraska Bird Review 23(2) April 1955

Nebraska Bird Review

Table of Contents

Editorial ......................................... 26

A Striking Flight Habit ........................................ 26

The Vermilion Flycatcher in Nebraska ...................... 28

Some Birds of the Quicourt Valley ........................... 29

Cooperative Study of Bird Migration Through the Use of Spring Arrival Dates - 1955 ........................... 34

Twenty-Five Year Summary of Bird Migration in Nebraska, Part 10 ........................................... 36

A Consideration of Yellow-bellied Sapsuckers As Winter Residents in Nebraska ............................ 42

General Notes ...................................................... 45

Book Reviews .................................................... 46

Whole Issue Nebraska Bird Review 23(1) Jan 1955

Nebraska Bird Review

Table of Contents

How To Keep A Bird File ...............................2

Making Bird Study Interesting To Young People ............4

News and Notes ....................................................6

Twenty-five Year Summary of Bird Migration, Part 9 .......7

Notes On Robin Nesting In Cass County ..................12

Fall Field Day 1954 .......................15

General Notes .....................................................19

Book Reviews .......................23

Communications.......................24

Law Making By Professional And Trade Associations, Frederick K. Beutel

Nebraska Law Review

When the government of the United States was established, it adopted in its complete form the English legislative system which existed at the foundation of the colonies. This structure, including the committee systems, has come down almost unchanged to modern times. In addition there are in the United States fifty other independent law-making bodies having a large measure of sovereignty of their own which govern the forty-eight states and our two major territories now petitioning for statehood. To these there should be added over one hundred thousand local legislative bodies such as city councils, county commissioners, school boards, irrigation districts, …

Analysis Of Business Lotteries And Promotions In Nebraska, Clarence A. H. Meyer

Nebraska Law Review

The most frequent inquiry received by the Attorney General of Nebraska relates to the law on lotteries. Although this officer is authorized by statute to give opinions only to state officers and county attorneys, the questions from other sources are answered as well as circumstances will permit. The scope of the answers is necessarily limited unless the request originates with a county attorney. The office of the Attorney General never gives outright written approval of a particular scheme since the scheme in operation may vary in some significant detail. Also, promoters do not hesitate in using reproductions of official approval …

Remedies Of Lessee In Nebraska When Demised Premised Are In Possession Of A Wrongful Occupier, Hal Bauer

Nebraska Law Review

Normally a lessee encounters few if any legal difficulties in gaining possession of the leased premises on the date his term begins. If, however, a prior tenant or other person in possession prevents the lessee from taking possession, the latter must bring an action against either the lessor or the occupier to obtain relief. The purpose of this article is to examine the remedies available in Nebraska to the lessee who seeks (1) to obtain possession of the demised premises and (2) to obtain damages for the time he was denied possession.

I. Remedies To Gain Possession … A. Ejectment …

Constitutional Law—Segregation In Recreation, Ira S. Epstein, Gerry L. Fellman

Nebraska Law Review

Since the United States Supreme Court in Brown v. Board of Education of Topeka held segregation in public schools to be a denial of equal protection of the law, the question arises whether the “separate but equal” doctrine should be retained in other areas. The purpose of this note is to trace the “separate but equal” doctrine and to re-examine its validity in education and recreation after the Brown case.

I. “Separate but Equal” before the Fourteenth Amendment

II. “Separate but Equal” Established in the Supreme Court

III. Recent Decline of Segregation … A. Housing … B. Interstate Transportation … …

The Fifth Amendment And The Lawyer’S Responsibility, Stanley A. Weigel

Nebraska Law Review

Mr. Loyd Wright advocates disbarment of any lawyer who publicly declines to answer, on Fifth Amendment grounds, questions relating to affiliation with the Communist Party or other subversive organizations or subversive persons.

Mr. Wright’s position is that disbarment should be the consequence regardless of whether the right is exercised before a court or before a committee and even in the total absence of supporting evidence of disloyalty.

Mr. Wright advocates policy. The issue is not as to what the policy is, nor, for that matter, what the law is. The issue is—what they ought to be.

In essence, the policy …

The World Court Statute And Impartiality Of The Judges, William Samore

Nebraska Law Review

In any court system, national or international, judges should be impartial. Every judge of the fifteen-man International Court of Justice is required by the International Court of Justice Statute to make a “solemn declaration . . . that he will exercise his powers impartially and conscientiously.” But this provision is not the only safeguard in the statute to help insure a judge’s impartiality. The framers of the statute believed that the national States would have greater confidence in the court if there were additional safeguards. Which articles in the statute restrict judicial bias and which articles, if any, overlook its …

Attorney And Client—Attorney’S Liens—"Money" And The Charging Lien, Robert Berkshire

Nebraska Law Review

Attorneys in Nebraska are aided in collecting compensation for their services by the attorney’s lien statute. The object of the lien statute is to protect the attorney against bad faith and ingratitude by clients, as well as collusion between a client and the adverse party which operates to deprive the attorney of his just compensation. It is the purpose of this article to expose some of the difficulties inherent in the application of the statute, study the arguments which support the various interpretations thereof, and proffer recommendations for the correction and amplification of the statute.

Nebraska’S Fair Trade Act, Marvin L. Holscher

Nebraska Law Review

Introduction

I. The Court’s Yardstick of Constitutionality … A. The Historical Basis of Fair Trade Legislation … B. Nebraska Standards of Constitutionality

II. The Effect of the McGraw Decision on Future Trade Legislation

III. The Sherman Anti-Trust Act

IV. Conclusion

Introduced Forage Grasses For Nebraska, F. D. Keim, L. C. Newell

Nebraska Agricultural Experiment Station: Historical Circulars

This circular presents illustrations, descriptions and recommended usage of fourteen introduced cultivated grasses that are worthy of practical consideration in Nebraska. Most of them can easily be identified by comparing plant specimens with the illustrations and descriptions. This circular has been prepared for use by farmers, county agricultural agents, teachers and others who are interested in our most important grasses. Station Circular 59 contains information and illustrations of the more common native perennial grasses of Nebraska.

The Lawyer’S Responsibility And The Fifth Amendment, Loyd Wright

Nebraska Law Review

The paragraph which constitutes the fifth article of our Constitution’s Bill of Rights contains within its brief compass a surprising number of our most precious and most effective guaranties of individual freedom against the collective power of the federal government. But in the list of recent events a reference to the Fifth Amendment is not likely to call to mind the guaranty of indictment by a grand jury, the protection against double jeopardy, the prohibition against the taking of private property for public use without just compensation, or even the fundamental assurance that we shall not be deprived of life, …

Press Photographers And The Courtroom—Canon Thirty-Five And Freedom Of The Press, Herbert Brownell Jr.

Nebraska Law Review

At this stage in our enlightened history, no defense would seem to be necessary for securing the liberty of the press against those who would seek to impair or destroy it. We have learned from the experience of others that without a free, courageous, and vigilant press, our system of government cannot function. Fraud, corruption, and dishonesty in and out of government would flourish undetected. Injustice and indifference to the rights of the accused in the courts would thrive unchecked. Poverty, slums, and other evil conditions would go unnoticed and uncorrected. For these reasons, it has been said that next …

Ground Water In Nebraska, Lester Danielson

Nebraska Law Review

I. Importance of Ground Water in Nebraska

II. Definition of Ground Water

III. Rights Acquirable in Water

IV. Judicial Division of Ground Water into Percolating Water and Underground Streams … A. Common Law Rules as to Percolating Water … 1. English Rule … 2. American-Nebraska Rule … B. Common Law Rules as to Underground Streams

V. Nebraska Laws Do Not Expressly Pertain to Ground Water

VI. Possible Conflicts between Ground-Water and Surface-Water Users

VII. Possible Legislative Solutions of Ground Water Problems

Conclusion

Translation Of Svanbaev, S. K. 1955. A New Species Of Coccidia In Turkeys. Works Of The Institute Of Zoology Academy Of Sciences Kazakh Ssr 3: 161-163. Transliteration: Novyi Vid Koktsidii U Indeek. Trudy Instituta Zoologii Akademie Nauk Kazakh Ssr 3: 161-163, S. K. Svanbaev, Virginia Ivens

Harold W. Manter Laboratory of Parasitology: Library Materials

Translation number 7, College of Veterinary Medicine, University of Illinois, Urbana, Illinois, United States, February 9, 1961

Translation of Svanbaev, S. K. 1955. A new species of coccidia in turkeys. Works of the Institute of Zoology Academy of Sciences Kazakh SSR 3: 161-163. Transliteration: Novyi vid koktsidii u indeek. Trudy Instituta Zoologii Akademie Nauk Kazakh SSR 3: 161-163

Translated from Russian to English by Virginia Ivens, University of Illinois, Urbana, Illinois, United States (notated: VI:d)

Technical Report Writing, Civilian Personnel Division, Office Of The Chief Of Engineers, Department Of The Army, Robert Bolin , Depositor

United States Army Corps of Engineers, Omaha District

This is a brief manual intended primarily to instruct junior engineering personnel working on civil works for the Corps of Engineers in the proper procedures for preparing reports. Some of the contents were papers delivered at a conference on the use of English in Corps of Engineers reports.

The manual is complicated by the Corps of Engineer’s roles as a military organization and as an organization managing civil public works projects and public facilities and by the special problem of having to answer inquiries of members of Congress.

Shortly before this guide was issued, the Engineer School had issued a …

Emily Dickinson's Approach To Poetry, Donald E. Thackrey

University Studies (University of Nebraska) (1888–1984)

One of the most fascinating aspects of any poet is his conception of his art. Many poets have written extensively on the theory of art around which they orient their poetry. Others have clearly revealed their theories by writing criticism of other authors. Emily Dickinson, however, left no critical essays, no elucidation of her artistic principles. It is quite probable, indeed, that she did not consciously concern herself to any extent with poetic theory. She may have written, and written in her unique way, through an instinctive need which would admit of no plodding deliberation or stylistic experimentation. Still, such …

Whole Issue Nebraska Bird Review (October 1954) 22(4)

Nebraska Bird Review

TABLE OF CONTENTS

Thirtieth Annual Cooperative Spring Migration Report ..................50

Book Reviews ..................70

Index ..................71

The Social And Political Conflict In Prussia 1858-1864, Eugene N. Anderson

University Studies (University of Nebraska) (1888–1984)

T HE present study developed out of a desire to understand the character of liberalism and conservatism in Prussia on the eve of German unification. Who were the liberals? Who were the Conservatives? What were their ideals and how did they conduct themselves in public? How powerful was each group in the state? In conflict throughout the Nineteenth Century, the opponents reached the peak of their antagonism in the years between 1858 and 1866, the the years of the New Era, the constitutional conflict, and the first two wars of German unification. Fundamental social, economic, and political ideals were at …

Whole Issue Nebraska Bird Review (July 1954) 22(3)

Nebraska Bird Review

TABLE OF CONTENTS

A Day With Doris, Mr. Eisenstaedt and the Sandhill Cranes ..................34

The Status of Nuttall's Poorwill in Nebraska.................. 35

Spring Field Day 1954.................. 37

General Notes.................. 41

Meetings and Reports ..................42

Membership List ..................44

Whole Issue Nebraska Bird Review (April 1954) 22(2)

Nebraska Bird Review

TABLE OF CONTENTS

Birds of Prairie Island ...................18

A Reply To: When the Bird Watcher Reads ...................20

The Avocet in Nebraska ...................22

Editorial-How Well Do We Know the Birds of Nebraska? ...................26

General Notes................... 27

Communications ...................28

Book Reviews ...................29

Guide To The Preparation Of Military Reports Of A Technical Nature, The Engineer School, Fort Belvoir, Virginia, Robert L. Bolin Depositor

United States Army: Publications

This is a brief text prepared for instructional purposes at the US Army Engineer School at Fort Belvoir, VA.

The manuscript covering the preparation of a technical report has been prepared for two reasons: first, to serve as a basic text for instructing student officers in the techniques of report writing and second, to serve as a means of reference. Student officers cannot be expected to retain in their minds all the minute details of report writing to which they are exposed during their period of school training. Considerable time may elapse after graduation and before they are called on …

Whole Issue Nebraska Bird Review (January 1954) 22(1)

Nebraska Bird Review

TABLE OF CONTENTS

Meadowlarks In Lincoln County ................................ 2

The Status of the Western Turkey Vulture in Nebraska ............ 3

Fall Field Day, 1953 ............................................................................ 6

Obituary-Mrs. A. H. Jones .................................... 9

General Notes ................................................................ 9

1954 Field Days ............................................................ 12

Book Reviews ..................................................... 12

The Nature And Consequences Of The Plea Of Nolo Contendere, Patrick W. Healey

Nebraska Law Review

The last session of the Nebraska legislature made available as a part of the criminal procedure of the state the plea of nolo contendere, or non vult. This was done by amending Section 29-1819 of the Nebraska Statutes to read as follows:

If the issue on the plea in bar be found against the defendant, or if upon arraignment the accused offers no plea in bar, he shall plead "guilty," "not guilty," or "nolo contendere;" but if he pleads evasively or stands mute, he shall be taken to have pleaded "not guilty."

The accused may, at any time before conviction, …

Habeas Corpus — Coram Nobis — Remedies Available To Validly Sentenced Prisoners Who Are Mistreated By State Penal Authorities, Jerrold L. Strashiem, Donn E. Davis

Nebraska Law Review

Where a person is deprived of certain rights by penal authorities after he has been imprisoned pursuant to a valid trial and sentencing, what remedies are available to him to obtain judicial relief? An increasing number of recent cases have suggested a variety of answers, depending partly upon (1) whether the prisoner shows infringement of constitutional or merely non-constitutional rights, and (2) the type of remedy sought. The decisions may further be classified according to the different grounds for relief raised by prisoners in these situations.

1. Discriminatory denial of access to the courts.

2. Infliction of "cruel and unusual" …

Strict Liability Crimes, Claire D. Johnson

Nebraska Law Review

Before the middle of the 19th century it was generally stated that a criminal conviction could not be had without proof of mens rea. By and large, the modern concept of criminal law still accepts this basic principle. However, a well-recognized exception to the general rule has developed in connection with so called "public welfare offenses" or "public torts." In such offenses, the usual requirement of proof of criminal intent has been dispensed with and strict liability has been imposed.

It should be stated at the outset that the present discussion of strict liability crimes is not concerned with doctrines …

A Case On Appeal — The Advocate's Point Of View, Clarence A. Davis

Nebraska Law Review

This is a subject which so distinguished an advocate as John W. Davis has characterized as "well-worn," and if there can be any justification for my discussing it with you today, it must lie in such applicability as I may make to our local courts in Nebraska, or in such things as I may say to the younger lawyers who have not yet had the time (or to the older ones who have not had the diligence) to read some of the tremendous literature that exists on the subject. When Judge Goodrich, John W. Davis, Mr. Justice Jackson, Chief Justice …

Caveat Promissee: Nebraska’S “New Consideration” Test And The Anachronistic Statute Of Frauds, Henry M. Grether

Nebraska Law Review

Nearly a quarter of a century ago Professor Maurice H. Merrill made an exhaustive and analytical study of the Nebraska cases regarding suretyship. Reading his work on this subject leads to the conclusion that in most instances the rules of suretyship in Nebraska followed the views expressed by a majority of the other states and text writers. One of the areas in which Professor Merrill discovered confusion and need for greater clarity concerned the so-called "leading object" or "main purpose" rule, a doctrine which will take out of the Statute of Frauds a promise to answer for another's debt. Professor …