The daily Nebraskan. ([Lincoln, Neb.) 1901-current, April 28, 1909, Image 1

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Vol VIH. No. i33.
UNIVERSITY OF NEBRASKA, LINCOLN, WEDNESDAY, APRIL 28, 1909
Price 5 Cent
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LAW
THE FRAMEWORK
PRESSOR WILSON SPEAKS ON
. .MISCONCEPTIONS OF LAW.
I
US OF. THE PRECEDENTS
I
JUDGES SHOULD NOf CONSIDER
! fHEIR feeliNgs,
Advocates the Teaching ef the Prirv
c4ple of Common Law In All
-Schools Teftthcr With the
Other 'Branches.
our judges undertake, to tho boat of
their ability, to pronounce thb law. I
trust the time approaches when wo
shnll begin in oarller years to teach
the fundamental principles of tho law.
in tho way that othor subjects are
taught in tho high Bchoola and col-
legos."
SYRACUSE ENGINEERS TROUBLED
THREE OUT Of FOUR
CORNHU8KERS WIN FINAL GAME
FROM MISSOURI, 8 TO 2..
BOTH PENNANT CONTESTS WON
( fcoforo ah 'audlenco largoly com
posed of "to, studorits, ProfesBor H. H.
Wilson at envoaubn yoBtorday
ornlngis;dellTered a very Interesting
address on "Somo Popular Misconcop-
Uons of the Law." Professor Wilson
Introduced the subject with a vory
ploaslng story. He spoke In part as
follows: .
"Almost every one has an uncon
scious partiality for the work ho is on
gaged:i&. lMs'-very natural for us to
follow certain, lines of thought pat
ternedLaftor our own work and this
same principle 1b seen, in the Jawyorts
profession,
"I am tiore to speak of some mlscon
ceptionp of the law.,Somo people soom
6 believo thatihey should keep away
from the law and thoy ondoavor to
iako no Interest in it.- -As a matter
f fact theF have lived their whold
Uvos under this Bomo law they shrink
from and At is most intimately con
nected with their lives. Tho groat
majority of men may live add die and
in all that time never come into direct
contact with tho law. Yet should
thoro bo a disturbance In tho move
montof tho law ovory one would suf
for from 1L It Is not vory far back
whon mankind did not havo tho right
of. "law' for tho protection of his prop
erty, but ho had to protQct. himself by
his own. strong right arm atfd. physi
cal strength.
Rests Upon the Law.
"Althqugh wo may havo avoided
tho court and tho dlspleasuro of the
law, yet all business rests upon tho
law. Imagine in Lincoln our sixty
thousand people without law. No. prop
erty or person would bo safe. Instead
of the law being primarily that, which
makes controversy in tho courts pos
sible, It is the rare exception that it
becomes a storm center. All agree
ments, and contracts essential to the
' progress of business are controlled
.by law,, and not one in a thousand
over enters the court.
'Jf I were to name .tho, safest, crl
Vrlon of civilization It would b.o its
religious and legal standing and know
ing this I can tell -you the standing
of ,thc nation In civilization.
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Guided By Precedent
"Thoro Is anothor mlsconcoption of
law. 'It 1b commonly "thought, that It
Is ridiculous1 for tf judge Jtp bo guided
hy7 precedent rathor than; by his. own
"judgment Peoplo say that. a good up
right man should Judge hy his own
'particular notions of right and: wrong,
regardless of tho' letter' of; .tho' law.
"Tho results of such decisions would
. bo choos i
'Decisions 'based on feeling are of
no valuo whateyer, for, they; may de
pend -upon what tho judge eats In tho
- morning, for breakfast, A wrong pre
cedent' b bad, 'but a vacillating court
Is infinitely worse. Every court must
reserve the right at times .to break
tho rule. Such aVsltuatlbn might ex
ist when precedent Is on both aides,
i but even this seldom pours, and jt ltf
pot often necessary or right to, break
a precedent.' ' " ;
"thent unction of. tho Judge la, to r ilgt
give his opinion, but to pronce the
reasoning of the"law.wThe majority of
Acting Dean Shepard Demands Apol
ogy From 8enlor Class.
Considerable curiosity Is rife In knd
about Smith Collogo of Applied Sci
ence, University of Syracuse regard
ing an episode of day boforo yester
day. Although ovoryono immediately
concerned Is keeping silent regarding
tho matter, rumor has it that Borne
interesting evonts may soon occur.
When the members of tho Tuesday
morning clasB In specifications and
contracts, composed mostly of sen
iors of tho civil and olectrical de
partments, gathorod for thoir Class
the room was occupied by a claBS of
mechanical ongiheors under Dean Q.
H. Shepard. The work of this class
extending somewhat over tho hour,
tho waiting mombers mado ' thoir
prosenco known by shouting and
other disturbances, with tho result
that tho dean appeared and demanded
an apology from tho secretary or
president of tho senior class not lator
than 6 o'clock Wodnosday noon, ,ln
THREE GAMES FIGURE IN
CONFERENCE RACE.
THE
Captain Buck's Men Took Champion'
hip Game at Columbia and Re
peated the Performance Here
on Monday.
locals. Tho mldgot contor floldor cap
tured two difficult flies after long
runs. Captain Duck stopped two hot
grounders at third and whipped 'thorn
to first with groat accuracy. Carroll's
back-stopping was without a flaw. His
only noar-bad-broak was in tho last
round; whon ho whiffed tho ball rathor
high to .socond to catch a runner.
Agile Motcalf was thcro, though, and
hurlod hlmsolf into tho air jUBt in
timo to nab tho ascending ball and
keep Wise, who was on third base,
from running homo with anothor
tally for tho visitors. Scoro:
Box 'Score of Game.
NobraBka. AD R H
TWO H. S. FETE DAYS
BOTH MAY 14 AND 16 FOR SEC
ONDARY SCHOOL -MEN.
OFFER PROGRAM FOR SATURDAY
GYMNASTIC STUNTS OR MILI
TARY DRILL TO BE FEATURE.
Tho cornhuskors won the fourth
and final game from Missouri yester
day aftornoon at Antelope park,, 8 to
2, in a loosely played exhibition of
the grqat American game, and thereby
mado it throo out of four games won
from tho southern nlno this season.
One game "was taken from tho:
"show-mo" men at Columbia on tho
recent trip of tho Nebraska team, and
both contests in' Lincoln wero won
easily by the locals. The gamo lost
to Missouri was an exhibition con
tost and does not count in averaging
P
4
3
G
1
Cooke, cf 6 2 1
Doltzor, 3b 5 1 0
.Carroll, c B 2 0
ChalouDka. if 5 l u
Clarko, lb 4 1 1 10
Motcalf, bs 4 0 0 2
Sturtznoggor, rf . . . . 4 1 0 1
Budgoon, 2b 4 0 1 1
Mathors, p 4 0 0 0
A E
0 0
Plan to Have High School Students
Stay Over for Additional Day
Definitely Settled Upon by ,
University Men In Charge.
I the .standings of the Missouri valloy
default of which disciplinary measures conforonco teams In the champion-
would Immediately bo taken. Five
prominent members wero detained by
tho doan as, sponsors for tho class.
At a meeting of tho seniors hold yoB
terday afternoon it was doclded that
no apology of the class was nocos-
t
Bary.
MEDICAL LECTURE TONIGHT
Dr. -Guenthers to 8peak for Visiting
Physicians.
At 8 p. m. this evening Dr. Guen
thers will address tho physicians reg
istered 'for tho practitioners review I
course In Nebraska hall. Other phy
sicians and medical students will be
welcomo at this qddroBS, tho second
of the series -of evening entertain
ments given- for tho visiting physic
ians. Dr. GuentherB' subject is "Some As
pects of Mental Theuropathy." He
will treat extensively of tho various
phases of tho subject and his lecture
will of course bo technical.
The third of tho aeries of evening
meetings for tho physicians w.eur
Friday, when tho Pathological club
moots with Dr. Stokes and -Dr. Woiloy
of Omaha as. tho principal, speakers.
ship race. Nebraska took tho two
pennant contests.
Tho gamo at Antelope park yestor-
day was somewhat of an improve
ment over the farco of the proceed
ing day, but practically all tho pro
gress toward better playing had been
mado by tho locals. Missouri put up
a ragged gamo, and totaled ton errors.
Blakely, at-Bhort ,and Nee, at third;
.werp the worst offenders of tho day.
The former drow flvo notches in the
error column. Tho two togethor
I made eight bobblos.
Total 38 8 3 27 13 1
Missouri. ABR H P A 12
Blakoly, sh 4 2 0 1 4 3
Gunlock, lb 4 0 0 11 0 1
Nee, "3b 4 0 0 2 0 P
Morrow, If 4 0 1 1 0 0
Graves, cf 4 0 0 2 0 0
Wlso, rf 4 0 1 0 0 0
Klein, c ..4 0 1 4 2 0
Alexander, 2b 4 0 1 2 2 0
Haydon, p 3.0 1111
Total 35 2 G 24 t 10
Scoro by innings:
Nebraska 203111 4 0 M8
Missouri 0 0 10 10 0 0 02
Struck out by Mathers, throo; by
Haydon, four. 'Bases on balls off
Mathors, 2; off Haydon, 5. Stolon
bases Cooke, 2. Sacrifice hit Dud
goon. Wild pitch Haydon. Passed
ball Klein. , Umpire Greon. Tlmo--1:45.
HA8 CHARGE OF C0MMI88ARY
FACULTY DINNER AT LNCtiLNi
University Profs Get. Together Around
the Table. ,
Tho Bocond faculty dinner of the
year was hold last ovoning at the1
Lincoln hotel with over ;slxty profess
ors, Instructors, and a few outsiders
in attendance. No' bo program, was
given; after tho discussion of tho menu
save an address by Chancellor Avery
on "The University and tho State."
In this tho chancellor told the pro-;
fesBors JuBt where the university stood,
as the result of tho various acts .of
tho past legislature. The budget was
discussed and the- effect' of the ' gen-j
oral legislative measures was out
lined. Notice to Track MV
All candidates for the track, pr
llmlnnrles on Sittirday mut hand
tlielr names' In to Dr.Dlapp by si
o'clock Thursday evening. r
Hayden TwlHes Again.
-Haydon did the, twirling for the
Mlssourians, although ho had per
formed tho tasicon the previous day.
Ho was more effoctlvo than In tho first
.same and hold tho cornhuskors to
three safo hits. Mathors was permit
ted to enter the box for the locals, and
did very well, keeping tho total of
safo blngles down (o flvo.
Nebraska, after blanking the visit
ors in the opening, half of the initial
round, scored two tallies in its ses
sion. Cooke, tho first man up, went
out on a fly to center field. Beltzer
and Carroll, following Cpoko, drew
passes to first. Chaloupka batted a
hot" grounder to Hayden, wko allowed
it. to -pass to Aloxander at second,
where, it was fumbled long enough
to allow the Bohemian to got to first,
A wild pitch let Beltzer cross the
homo. pan. Carroll followed Beltzer
when Clarke 'was' thrown out at first
by Blakely. playing short. .Motcalf
made the third outon an easy ground-
or to short .
Tho ''show-mo" men shoved their
first scoro in during the first half of
the third. Haydon hltca safe one just
above Dudgeon's finger tips, Blakoly
batted to ciarKo, wuo lorcea tiayaen
out nt second. Gunlock went out on
a srounuer to seconu. nco arow a
.walk. Morrow? hit safely and Blakoly
pranced home... "Tubby" Graves bat
ted ah, Infleld fly. to Metcalf at short
and tho sldo;-waSj retired. The Mls
sourians. scored their last tally in the
fifth round. ; '.
.. Score One in Fifth. . t
. Dudgeon passed ahot grounder hit
by Blakoly, who '.wen J to .second base
Y. M. C. A. Will Now Feed Cadets
While In Camp.
Some new departures are to bo
made in this year's cadet encamp
ment. Among theBo tho Y M c A
has just been informed that it will
have cbargo of tho commissary de
partment. This will mean consider
able to that organization from a
financial standpoint, yet It means that
thoy have a groat doal of work on
their hands. The commissary depart
ment, supplying, .as it does, tho wants
of inner man, is, one of tho most im
portant features of tho camp in the
eyes of many of tho .cadota.
In addition to thl tho Y. M. C. A.
will maintain their usual, stand, sup
plying all Borth of delicacies', to tho,
cadets, and also a pqst. exchange-, The
association .plans to hojd services! W
camp on Sunday.; This will, bo pno'
of. tho now features of camp life, as
tills la the first. tmo that Sunday is
included In the week of encampment.
conwav McMillan in Lincoln
Thoro will bo two high school fotb
days instead of ono. May 14 and 15
will both bo devoted to setting forth
tho ndvantagos of tho university to
tho secondary school mon who will
visit in Lincoln at that tlmo. This
much has been doflnltoly docidod upon
by tho unlvorsity mon In chargo of
tho ontortalnmont of tho high school
men. Thus far tho program for tho
second day Is not complete, but it win
bo announced shortly.
As already stated in tho Ncbraskan
tho program Friday, May 14, will con
sist of an inspection of thb unlvorsity,
tho high school athlotlc moot, a. din
nor for tho visitors in tho Tomplo
banquet hall, and tho state champion
'ship dobato in tho evening. Thb Sat
urday program will bo of a military
and athletic character, such as will
appoal to tho visiting youths,
May Have Inspection.
An attempt is being mado by the
men behind tho arrangements to have
tho annual inspection of tho cadet
battalion on tho morning of tho fif
teenth. If this is arranged for, it will
form tho principal part of tho Satur
day program. Tho battalion will bo
out in dress array and the cadets
will be put through their paces for
the benefit of tho high school visitors.
In case inspection cannot bo slated
for May 15. the probability is that
tho cadets will' still bo given a chance
to show their ability in marching tho
streets. In addition there will bo a
gymnastic exhibition of some kind by
tho university athletes, Tho nature
of this is not yet dotortnined. It will,
howevor, bo held in the armory aqd it
Is expected to prove good entertain
ment for the visitors,
Sending Out Notices.
A. J. Luddon, secretary of tho high
school track meet, has sent out an
nouncements to the high schools qf
tho state, advertising tho meet and
stating . the conditions of 'entrance.
Thcse; havo boon generally stated,
heretofore. All entries 'for .the, eon
tests must bo -mailed to Dr. Clapp
not later than noon Frjday, May 7.
Each school Is allowed to enter ten
men, but not more than 'two mon In
any one event '..'!.
Silver and bronze medals will bo
awarded to winners of first and sec
ond places In each event arid a silk
badge to tho. winner of third place.
X "gold medal will bo given to.1 the
Old University Man Visits Friends in
Former Home.
Conway McMillan, ono of tho best
known of tho old time students of the
University, la visiting friends In the winner of 'tho greatest numbbr,,bf
NOTICE NM MEN!
a imnhtf Win of thb "N" " the ball when, It 'was missed by
Men's Association wlllboh this Sturtzeneggen and roUed to the fence
afternoon in tho Templerat 5 rfetoot. Gunlock bit a.long fly (d Cobke and
afternoon in tho Temple
All members take nptico
,,,Waltqr,Glffen, law 49Q,-Y'sjtod with
friends tand relatives Inpterllngy'ast
Saturday.
Blakely raced across the, pan.' , Ne-,
braska scored, three in the fourth ;and
ope in the fourth, fifth, and sixth.
Cooke, Carroll, Beltzer and Metcalf
performed In brilliant style for tho
city. Mr. McMillan Is now engaged
In lumbering, being connected 'with,
the American Timber Holding, Com
pany, Conway McMillan was a character
about iixo university campus for 'sev
eral years prior to his graduation in
1885; He took a large part. In nearly
everything that was happening in tho
state college of that timo and left his
Imprint in the memories of professors
and students. He was tho first grad4
uate student in- botany that the uni
versity had. After taking' graduate
work he wept to tho University of
Minnesota, whero ho was head of the
department of botany. Ho mado a
success of this work', but about three
years "ago he quit professional work
and engaged In business.
points, Places score for 5; 3 and 1
pqlnts respectively, but no 'point's
scored In tho "relay race .will. Icouht
for .tho all-round .gold medal, A .tan
ner will bo awarded the winning 'rp
lay team 'and also the championship
team. , The latter banner "becomes the
property of the .school ; winnings it
three, times Successively, 'tt' was 'won
by Falrbury in 1909." ' ' .ifJ!&
, . y. 1I: ,
IVY DAY PROGRAM. rf .
All mombers of the senior iyyday'
committee must be present at a meet
Ing to be held Thursday at 1 o'clock
in U. 106, . '' ' s
The heat enter tew Im the eKy
li that eervei at The Beets
Try It,
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