4
THE UNIVERSITY COURIER.
ious to and during the trial I felt much grieved to think that an organization for which I had spent the best part of my college life should exhibit such baseness and ingratitude. But since the close of the trial the warm congratulations I have received from my friends and acquaintances upon being relieved from the responsibility of building up a standing for a chapter, which throughout its entire history had never enjoyed the respect or confidence of the student body, socially, politically or otherwise--all this has added a feeling of contentment and satisfaction to me at being freed from a task which was beyond human endurance, namely: To build a standing which even savors of decency and respectability for Sigma Nu fraternity, in Kansas University.
FIRST ANNUAL DEBATE.
Kansas Men Win
The inclement weather and several society events kept many away from the debate, but, notwithstanding these things the chapel was comfortably filled. The audience was impartial with its applause both side being favored
There was delay in beginning and it was 8.30 before the debators appeared. Prof. Wilcox presided over the meeting.
Nebraska having chosen the affirmative of the question: "Resolved, That less weight should be given to judicial decision," opened, the first speaker being Mr. E. B. Sherman, who on the preceeding night had won fourth place in the inter-state contest at Galesburg. Mr. Sherman has a very pleasing voice and his presence on the stage showed him to be experienced in public address. He defined the term as found in law dictionaries, and gives many citations showing wherein certain precedents had been followed and were still followed to this day notwithstanding the original decisions were founded on error. He attacked this as exhibiting a great talk of progress and said that decisions should be made now that fit the changed conditions of society. He held that precedent was against the constitution, unjust and hindering advancement.
Mr. T. J. Madden began on the negative. While he does not possess the clear oratorical voice of the preceding speaker, his logical
cal statements of the different phases of the question from his point of view gave him first place in the decision of the judges. He pointed out two things to be considered: The status of precedent now, and the degree of change that it would be desirable to have. The law he said was based on fundamental principles to which precedent must conform, therefore to destroy the law. Decisions can be found on both sides of any question. He cited the fact that a commission was appointed to investigate the reports of Ohio, Pennsylvania, New York and Virginia which found that fifteen per cent of the cases were reversals, showing that precedent must conform to times.
Mr. A.J. Weaver, second speaker for the affirmative said that precedent should be followed only so far as it was right. He cited many examples in which precedent had been followed with unfairness, and made a very strong plea for the breaking down of the rule. His arguments were very forcible. Mr. Weaver's points were well taken, his delivery good, and he received the highest place for the visitors in the marking of the judges.
Mr. J. E. Little for Kansas went into the history of the point in controversy. There has been man wise and learned judges and great and able statesmen he said, in the past and they had been for seeing in the shaping of the trend of the law. He closed with picturing the results of precedent and the consequence of breaking it down.
Mr. E. McNeal for the Nebraskans cited Germany as an example of dealing with the law without conforming to precedent. His was an example which, contrary to the claims of the negative had not resulted in anarchy and revolution The constitution was the only law making power, he claimed, and that the sense of justice was lost sight of when made to conform to the precedent.
Mr. F. M. Brady made the closing speech for Kansas. Precedent, he claimed had reduced the law to science, which gave stability to the law, and was a check to the evil of judicial legislation. He followed this up with an eloquent portrayal of disaster which would be precipitated by the changing from the rule and concluded by asserting that law, civilization and society was founded on precedent.
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