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Block & Bridle Annual 1954-1955

Block and Bridle Annual (1933–2021)

Dedication Roster of members Group picture Advisor Chronicle of Activities Sample minutes of Regular Meeting Financial Statement Initiations New Officers ACTIVITIES Spring Livestock Show Program of Show News on Don Novotny Block and Bridle Smokers Honors Banquet Program of Honors Banquet Student Livestock Judging Contest Judging Teams RECOGNITION National Recognition Trophy Award Officers President Vice President Secretary Treasurer Historians Ag . Executive Representative Sgt . at Arms Don Novotny Charles Watson Donald Leisy Allen Trenkle Dwain Trenkle Calvin Lemon Raymond Kelley James Svoboda Faculty Advisor - Prof. Charles H. Adams Larry Abbott Dwight Jundt Jack Amgwert Ray Kelley Ronald Bath …

Outdoor Sculpture By Paul Manship, Kenneth Lynch And Sons Of Wilton, Connecticut

Sheldon Museum of Art: Catalogs and Publications

Outdoor Sculpture by Paul Manship

For the first time since before World War II, Mr. Manship has consented to offer some of these pieces for sale through a dealer. Kenneth Lynch and Sons, one of the world's largest dealers in garden statuary, is proud to have been selected by Mr. Manship and has placed these pieces at the head of its collection.

The following are pieces of Paul Manship sculpture about which Kenneth Lynch and Sons invites your inquiry:

Maenad (548)

Susanna (500)

Spring (508)

Group of Bears (396)

Group of Deer (421)

Group of Birds (303-321 var.)

Garden of …

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

Table Of Contents, Vol. 34, No. 3

Nebraska Law Review

No abstract provided.

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 …

Use Of Life Insurance In Estate Planning Under The Internal Revenue Code Of 1954, Flavel A. Wright

Nebraska Law Review

Life insurance, for tax purposes, has been treated as a separate type of property and, generally, the rules applying to other types of property are not applicable to insurance problems. Life insurance is supposed to receive favored treatment on the theory that it promotes the general good to encourage people to provide for their future and for the care of their dependents.

I. Gifts of Life Insurance Policies … A. The Reversionary Interest Problem … B. Gift Tax Problems … (1) Gifts in Contemplation of Death … (2) Gifts and the Annual Exclusion … (3) Gift Tax on Beneficiary Designation …

Evidence—Attorney-Client Privilege As Applied To Advice By An Attorney To His Client, Reflecting On Judicial Integrity, Charles J. Burmeister

Nebraska Law Review

A recent case from the Federal District Court for Nevada, In re Bull, raises some interesting problems as to the extent to which an attorney’s advice which reflects on judicial integrity is privileged. The attorney who was a defendant in a disbarment proceeding had unsuccessfully represented a client in a previous criminal case, and the client was serving a jail sentence. In a letter to the client on the advisability of appealing the conviction, the attorney stated, among other things, that experience had shown that the records of any trial in that judge’s court were emasculated when an appeal …

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 … …

Torts—Federal Tort Claims Act—Exception As To Assault And Battery, Alfred Blessing

Nebraska Law Review

Plaintiff’s decedent, the first mate, returned to his ship accompanied by the chief steward, second mate, and two other friends who were civilian employees of the United States. The sentry, pursuant to orders, refused to allow the civilians aboard the ship and asked them to leave. An argument ensued whereupon the sentry drew his pistol and fired one shot wildly. Both the deceased and the chief steward lunged for the sentry in an effort to disarm him and in the ensuing struggle for the pistol the deceased was shot. Plaintiff, wife of the deceased, brought suit against the United States …

Books Received

Nebraska Law Review

The Right to Counsel in American Courts. By William M. Beaney. Ann Arbor: University of Michigan Press, 1955. Pp. 268. $4.50.
. . .
The Man Behind Roosevelt. By Lela Stiles. Cleveland: World Publishing Company, 1954. Pp. 311. $4.75.

Table Of Contents, Vol. 34, No. 4

Nebraska Law Review

No abstract provided.

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 …

Baseball And The Anti-Trust Laws, Charles Gromley

Nebraska Law Review

Few business enterprises receive the public attention accorded baseball. Newspapers large and small invariably report the details of every game or development in the sport. Radio and television bring the games to thousands of homes. Every player trade is given coast-to-coast coverage; the sore arm or lacerated finger of a star player becomes an object of national concern. These aspects of the game are matters of common knowledge.

In contrast to this is the general lack of familiarity with “baseball law,” i.e., the self-imposed body of rules regulating baseball’s activity. “Baseball law” is composed of (1) the Agreement of the …

Election (Undisclosed Agency) Revisited, Maurice H. Merrill

Nebraska Law Review

How dear to some hearts is the old oaken doctrine
Of the misinformed plaintiff’s election to sue
The contracting agent or undisclosed principal
Whom research or fortune presents to full view.
If, having full knowledge, you proceed to judgment
You may have imperiled your chance to collect.
Should the jury’s discretion absolve your defendant,
Your suit ‘gainst the other is totally wrecked.

Chorus:
The old oaken doctrine,
The iron-bound doctrine,
The moss-covered doctrine,
That hangs on so well.

How gladly from judges of old some receive it,
Reinforced by approval of courts “very strong”;
Neither reason nor justice will tempt …

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 …

Corporations—Restrictions On Alienation Of Stock—When Valid, James W. Hewitt

Nebraska Law Review

The validity of a charter provision giving the directors of a corporation the unrestricted power to purchase, retire, or cancel common stock at will was challenged by a newly retired employee whose stock had been called by the company. Held: the provision was not invalid per se and would support a call of common shares if not exercised arbitrarily.

Plaintiff’s refusal to comply with the corporate decree was based upon his contention that the broad power of the call provision created an unreasonable “restraint on alienation.” However, plaintiff had been an officer and director of the corporation for over …

Constitutional Law—Due Process—Right To Counsel In State Felony Proceedings, Charles K. Thompson

Nebraska Law Review

Petitioner, under a life sentence imposed by a state court, brought a writ of habeas corpus alleging violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution in that while he was of unsound mind and unassisted by counsel, he was tried and convicted of a charge carrying a mandatory life sentence. The lower court dismissed the writ without a hearing. Held: reversed, a hearing on the issue of insanity was required. If the allegations were true, the failure to assign counsel violated the Fourteenth Amendment since a trial which left the defense to a …

Constitutional Law—Interstate Commerce—Antitrust Laws, Hal W. Bauer

Nebraska Law Review

Petitioner who was engaged in a wholly intrastate activity, the bakery business, at Santa Rosa, New Mexico, brought an action for treble damages. The corporate respondent was a Clovis, New Mexico, bakery which sold bread in interstate commerce. Respondent was one of several corporations having interlocking ownership and management, all marketing bread under a common name. The syndicate promoted the product through a common advertising program and purchased supplies as a unit. Respondent, claiming petitioner had instigated a boycott against it, cut the price of bread by one-half in Santa Rosa, thereby driving the petitioner out of business, but did …

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.

Oil And Gas—Effect Of Entirety Clauses On Grantees Taking Under Deeds Subject To Lease, Allan J. Garfinkle

Nebraska Law Review

Often the owner of land places it under an oil lease and later conveys fee interests or mineral or royalty interests in segregated tracts from the leased area. When oil is subsequently produced on some, but not all of the leased area, problems may arise as to the royalty rights of the lessor and the grantees. Specifically, is the right of each grantee to royalties modified by the fact that his tract is part of a larger leased area? The problem will be considered in the absence and in the presence of the contractual device known as the entirety clause. …

Sovereign Liability For Tortious Acts Of Its Wards Occasioned By Failure To Exercise Proper Custodial Care, Charles K. Thompson

Nebraska Law Review

Periodically the public reads of the injury of a citizen other than a state employee at the hands of a former mental patient who either escaped because of inadequate guarding or was released from a state or federal institution because of an improper release-diagnosis. The public assumes that the injured party will be reimbursed, but who will bear the burden of reimbursement? Confinement often leaves the patient judgment proof; the employee whose negligence allowed the escape is frequently judgment proof; the employee who negligently certified the release of an unrehabilitated patient is clothed with immunity from suit on his release-discretion; …

Criminal Law—The Need For A New Conception Of Insanity As A Defense To A Crime In Nebraska, Lyman C. Johnson

Nebraska Law Review

In 1843 a man named M’Naghten, convinced he was being persecuted, attempted to assassinate the Prime Minister of England and killed the Prime Minister’s secretary in the attempt. M’Naghten was acquitted by reason of insanity, but public uproar caused the House of Lords to make inquiry of the judges concerning the law of insanity. The most important answer to that inquiry was that a sane man understands the nature and quality of his acts or knows that they are wrong.

In 1955, over one hundred years later, a man named Thompson fired five shots at his wife in Omaha, Nebraska; …

Criminal Law—Trial—Instructions From The Court Concerning Possible Pardon Or Parole Of The Accused, Robert E. Roeder

Nebraska Law Review

During the deliberation of a jury in a murder prosecution, the jury foreman requested information concerning the granting of paroles and pardons. The court responded by reading and discussing the pardon and parole board’s published rules and regulations concerning the granting of paroles and pardons. The jury thereafter returned a verdict of guilty without a sentence recommendation. Held: It was erroneous for the trial court to read and discuss, at the request of the jury, the published rules and regulations concerning the granting of paroles and pardons; but such error was waived when the accused failed to raise an objection. …

Indexes To Volume 34

Nebraska Law Review

Index by Authors

Index by Titles

Index—Digest

Index by Cases

Table Of Contents, Vol. 35, No. 1

Nebraska Law Review

No abstract provided.

Commentary On Press Photographers And The Courtroom, William F. Swindler

Nebraska Law Review

The Attorney General of the United States, who happens also to be a graduate of the University of Nebraska School of Journalism, displays a certain ambivalence in the matter of the legal rights of press photographers. This is understandable enough, for there are many editors and reporters who are also of two minds on the subject. And it should be pointed out that the questions which arise with reference to Canon 35 must logically extend to the new communications medium of television which, if anything, will further complicate the whole business.

It is true, as the National Press Photographers Association …

The Place Of The Legal Fraternity In Legal Education, Milton D. Green

Nebraska Law Review

Legal education in America began with the apprenticeship system. If a young man wanted to become a lawyer, he persuaded an older practitioner to take him into his office where he ran errands, served papers, “polished up the handle on the big front door,” and in his spare time read law. That is a far cry from the modern approved law school which requires as a condition to admission at least three years of college work and the completion of three full years of intensive legal study. Throughout the years there has been steady pressure to improve the quality of …

What Kind Of Bankruptcy Legislation For Farmers?, Ernest Feder

Nebraska Law Review

I. Introduction

II. The Vulnerability of Agriculture and Objectives of Farmer Debtor Relief Legislation

III. A Study of the Frazier-Lemke Act in Action … A. Reasons for Failure … B. The Indirect Effects of Section 75

IV. The Moratorium Bill: An Analysis of Its Major Provisions … A. Is the Moratorium Bill a Bankruptcy Bill? … B. Who Can File … C. The Offer of Rental Payments … D. The Creditors’ Meeting … E. Worthy and Unworthy Farmers … F. Causes Beyond the Farmer’s Control … G. The Moratorium … H. During the Moratorium … I. After the Moratorium: The …