Law School. University of Chicago. Henry F. Tenney, JD '15, delivering Kent Tenney.

Transcription

1 Horce Kent By University of Chicgo Lw School 3 Tenney HENRY F. TENNEY, JD '15 [This is third series of lectures on ement lwyers which is beg sponsored by Lw School. first two lectures, "Stephen Strong Gregory," by Mr. Tppn Gregory, nd "Sils Strwn," by Mr. John Slde, ppered two precedg issues of Record.] A friend. sked my fr, Horce Kent Tenney, how mnged do so mny thgs t sme time, which replied, "Hlf fun of prcticg lw is see how mny blls you cn keep ir t sme time." once he he This bility unrelted - only with zest. tried crryon mtters ws one simultneously mny wholly outstndg chrcteristics of his on but do so with relish nd hert ttck 1929, his fmily nd friends him slow down nd give up of his crry m After persude professionl lbors. To se entreties, he nsd, "I with down hrness still on," nd tht is just go wht he did. tend In 1859 Portge, Wiscons, ws smll frontier villge between Fox. nd Wiscons rivers t pot where se rivers re scrcely two miles prt. It is, refore, nturl portge from Lke Michign Mississippi River. It ws route trveled by Pierre Rdisson nd by Mrquette nd J olliet. For yers it ws site of n ctive trdg post nd of Fort Wnebgo, which protected white settlers trom Inds. coureurs de bois, blck robed Jesuits, rovg trppers, nd trders of ll kds who pssed tht wy left thg of ir dventurous spirit behd m-trces of which still pprent In this smll wn of Portge, Horce Kent Tenney ws born on September II, 1859, nety-seven yers go lst fll. As demonstrtion of n primitive chrcter of Portge, it is recorded tht lrge blck ber wlked uncon cernedly down m street on dy ofh. K.'s birth. He (tht is, H. K.- ber) lwys climed tht wy presence of tht old she-ber of his birth stilled him lifelong crvg for ficitg forests, lkes, nd strems of Wiscons. mysterious t prctice of lw, s his fr, his uncle, Dniel K. Tenney, nd Tenney, Henry both ctive prctitioners when Wiscons ws still terri ry. His fr's office Portge ws over wn's one bnk on M Street. re he ttended legl wnts of such clients s vilble tht smll community. His fmily moved Mdison when, judged by its pres ent size, it ws still smll wn. Covered wgons lumber g westwrd, wnderg remnnts of vnishg Ind tribes, soldiers, en route Civil Wr bttlefields, nd restless trvelers of ll kds fmilir sights on its muddy streets. It ws, of course, stte cpitl nd set of stte university, which gve it distctive flvor, chrm, nd n tmosphere ll its own. fmilies tht settled re drwn ger closely knit group so tht, no mtter how fr y might He ok W. nturlly Henry F. Tenney, JD '15, deliverg Kent Tenney. his lecture on his fr, Horce wnder from home wn, y lwys proud of ir Wiscons heritge nd looked upon ll Mdisons ksfolk. H. K. once sid, "Wherever we live we my lso bost tht we re Bdgers still, nd wherever we live we my lso bost tht we re Bdgers who lived boyhood of ir stte." s As lte s 1870 lrgest prt of Wiscons ws covered with forests, nd Chicgo, s lrgest city vicity, exercised powerful mgnetic pull on surroundg re. It drew this spot trde, dustry, commerce, nd people ever cresg numbers. Its mgnetic field ws sufficiently wide clude Mdison nd duce H. K.'s fmily leve ir ntive heth nd come here. From tht time until his deth 1932, he lived Chicgo, most of time with few blocks of this cmpus. He entered old University of Chicgo, n locted Thirty-fifth Street nd Cottge Grove A venue. As I un derstnd it, nd this I could be wrong, it ws sort of high school, university sense tht it is dy. t rr checkered fncil creer, flly closg its doors It ws, neverless, one of schools trom which our bttlemented wers hve sprung. At this school he hd s two of his clssmtes his lifelong It hd friends, Edgr become B. Tolmn nd distguished Cyrus Bentley. Both members of Chicgo br, Contued on pge 18

2 Lw School Record 18 Tenney ContuedJrom pge ltter beg Bentley. 3 fr of my present prtner, Richrd After two yers t University of Chicgo, he entered his fr's lm mter, University of Vermont. Lter he returned University of Wiscons Lw School, where he ws grduted 1881 with degree of Bchelor of Lws. In lter life he ws wrded honorry degrees from University of Vermont nd Knox College nd elected n honorry member of phi Bet Kpp. Such ws his cdemic bckground. He strted prcticg Chicgo s clerk Stephen S. In my book this is pretty good dvice more situtions thn tht of collectg bills. From his ctive uncle, H. K. cquired hbit of con stntly movg forwrd litigtion-never lettg cse drg or get cold. This is lwys esy do, but it is essentil successful conduct of litigtion. He ws.trequently reted by or counsel ir cses-cses which often hd been lost lower ugh court. He becme wht be clled "lwyer's might If he hd lwyer." prcticed Englnd, he would hve been ws Gregory's office, nd lter he joed his fr nd his uncle firm of Tenney, I do Bshford & Tenney. know wht chnges hve occurred lw-school sce I88!. 1 rr imge mny of modern techg techniques unherd of nd, if y hd been t tempted, would hve met with considerble protest. How ever tht my be, one of our techg devices ws n brrister. Sce 1880'S chrcter gret chnge hs tken plce Bck those d ys every lwyer ws oflitigtion. try cses, nd, for better m did. re no such thgs supposed "librry lwyers" or wht or s English for worse, most of "office lwyers" or clled "solicirs." used-tht of moot court. I hve my possession clendr of cses Wiscons moot court for yer I88!. I is tht of Kelly v. Doolittle. Tenney ws for nd pltiff, Hrdg for defendnt. se student counselors lter becme prtners. Mr. Hrdg's son nd Cse No. from this Lw School nd becme my Or counsel who ppered this moot-court prtners. clendr Robert M. L Follette (lter governor nd senr from Wiscons) nd two ors who served s trney-generl of stte. D. K. Tenney, H. K.'s uncle, cme Chicgo t bout sme time s H. K.'s fmily. I mentioned his uncle be grndson grduted cuse I m sure H. K. lerned thg bout litigtion from him. He ws lengendry figure t br, both here nd Mdison. A two-fisted, rough-nd-tumble lwyer, lwys mn of ction, it ws sid of him tht he strted his lwsuits by issug n execution. He cquired this reput tion from followg cident. When he ws prcticg Mdison, he sw frmer known s "Old Joe," gst whom he hd clim, hitch his wgon loded with cord wood ril which rn round Cpil squre. D. K. rushed over courthouse nd clerk's office shoutg, "Give me n execution quicker 'n Hell cn scorch fer!" "But, Mr. Tenney," sked strtled clerk, "hve you got judgment?" "No!" sid D. K. "I hven't time get judgment. Old Joe'll be gone ifi wste time gettg judgment." I hve prted form dted 1879 which D. K. used forwrdg clims lwyers or cities. Among structions on form followg: is swift. Act promptly. Tke ll chnces, but cught by holdg o long dngerous position. Mke thgs hppen lively. Compromise when necessry. do rce get. Precedg Qudrngle Club dner honor of Henry F. Tenney, four distguished guests of School phogrphed Club's billird room. Left rght: Clv Selfridge, Kenneth Montgomery, John P. Wilson, nd Thoms Mulroy, JD '28. ws built lrgely on courtroom skill. In those times, when people thought of gret lwyers, it ws of those who hd been successful court. Legl reputtion busess disputes which formerly wound up settled by rbitrtion or orwise. Busess men hve found tht delys nd uncertties of court re so serious s mke procedure judicil mchery vehicle for busess most poor decidg disputes. result is tht vst mjority of cses now pendg volve personl jury. se re hndled by smll num ber of pltiffs' lwyers nd lwyers who specilize tht field. With dvent of discovery depositions nd pretril conferences, bout 80 per cent of se re settled, with result tht young mn dy who wishes become tril Tody, courts re lwyer hs H. K., difficulty however, fdg enough never lcked cses cses try. He try. ws, from

3 strt, engged controversil, litigious brnch of prctice. This is remrkble when one considers wht gentle person he ws, one who scrcely ever rised his voice, even most heted legl rguments. He ws ntith esis of wht mny people visulize successful tril lwyer be. From 1881 time of his deth November, 1932, he ws constntly engged tryg cses of most difficult chrcter ll stte nd federl courts. Cr e Drker Bowen's description of Lord Coke might be well pplied H. K. "Coke," she sid, "ws bove ll fighter, born dvocte who loved feel or thn one no ppel ws tken. J courtroom Lee Msters cses cover n unbelievble v. of se. STRIKE CASES Bck pre-tft-hrtley d ys, t time when re legisltion on subject oflbor reltionships, com mon-lw prciples governed rights of prties. A ws no lwyer representg prties volved lbor dispute ws forced rely on meger supply of court decisions nd reson pretty much by nlogy. re no so-clled of first impression. erliest strike of hevily rech our Supreme Court. se O'Brien v. Ill. 354) nd Frnkl Union v. People (220 Ill. cses cse ws lrgely volved one two People ( ). fcts O'Brien cse briefly se. In My, 1903, Frnkl Union NO.4 presented closed-shop con trct Kellogg Switchbord & Supply Compny, sttg tht, if com pn y did sign, plnt would be struck. compny refused sign, nd bitter, violent strike ensued. compny secured n junction restrg compny's busess nd pre from workers enterg nd levg plnt. ventg ws violted on numerous occsions, resultg junction convictions for contempt. union ppeled ppel union from obstructg Illois Supreme Court, where susted. junction Illois Supreme Court held, mong or thgs, tht it ws unlwful for union coerce compny lte court nd lter nd conviction cse represented stte of Illois Supreme Court of United Sttes. I will ttempt stte ll legl questions Ples River obstructed. ws once nvigble nd hence could be Illois Supreme Court, seventy-five pge op gst stte on ll pots. cse ws tken United Sttes Supreme Court, which ffirmed hold of stte court. terestg question cse ion held g nvigbility of Des Ples River. A thousnd prted pges of testimony tken on this pot lone. Excerpts from journls of Mrquette, Jol liet, Schoolcrft, nd ors cited extensively briefs show tht erly explorers hd nvigted river. Anyone terested hisry of this region will fd record this cse gold me of formtion. concerned TEXAS RANCH Anor sitution which followg. trct with John V. nd C. ws generted yers of litigtion In 1882 stte of Texs mde con B. Frwell of Chicgo nd ors for construction of stte cpil t Aust, be pid for by trnsfer of three million cres oflnd Pn hndle of Texs. No prt of country is now s remote s ws north west prt of Pnhndle seventies nd erly eight ies. only mens of trnsporttion ws by sddle horse nd tem over rough wys whose course ws fixed by possibility of wter. It hd extent supported, nd n still fully pprecited." While Kellogg strike ws progress, plnts of R. R. Donnelley & Sons, W. F. Hll, A. R. Brnes, nd productive re prolonged litigtion. ws n volved this tr sy tht it ws n ction brought by enjo Economy Power Com Illois of ney-generl Des Ples River. pny from buildg dm cross One of most terestg of clims ws tht Des Suffice it greement by threts of strike nd prevent or workers from exercisg ir right work. court recognized significnce of cse when it sid, " importnce nd fr-rechg consequences of cse signg volvg public terest ws tht of People Compny (2II Ill. 290; 234 U.S. 498). Power Economy nd fctul Ech union. ECONOMY POWER COMPANY Anor specilize nyone field. Just s people re judged by compny y keep, so perhps lwyer is best judged by chrcter of his cses. ws represented hundred bound volumes H. K. Chicgo se cses mde new lw Illois. y hve been cited countless times nd frequently commented upon lw-review rticles. Jmes A. Wilkerson, who lter becme federl judge, ws H. K.'s prtner t tht time nd ws ssocited with him se cses. Clrence Drrow nd H. K. cow cses. members of struck courts. vriety of subjects, no two of which re sme. Ech one required specil preprtion on both lw nd fcts. He did So I thk I will tell you bout Typote, by Frnkl Union NO.4. Vio lence nd disorder g ensued. Chicgo Typote ob ted n junction wht similr tht O'Brien cse, which ws lso susted by ppellte nd supreme of his written briefs. se re just cses which reched upper courts. re re, ddition, hundreds from which prters, ll of whom Edgr re more 19 floor beneth his feet. In my office Lw School University of Chicgo would supportg, bufflo nd wild horses. But it support cttle through vryg sesons nd hzrds of successive yers so s mke cttle vryg risg commercil success? Could extent nd se for by griculturl purposes nd, if wht mens? of questions lnd be mde so, more wht confrontg those who

4 Lw School Record 20 ventured ir cpitl this vst undertkg. Any rewrds would be for future genertion, for those who conceived enterprise. In order rise necessry cpitl, Cpil Free hold Lnd nd Investment Compny ws orgnized Eng lnd. Frwells nd ir ssocites (clled "syndi cte") trnsferred lnd corportion exchnge for its sck. Csh ws provided by sle of debentures. syndicte mnged this gigntic rnch under contrct with compny. In ddition Texs rnch, syndicte owned lrge rnch on Yellowsne River Montn. This ws before dys of fences nd lrge herds, nd cttle slowly driven from Texs thousnd miles cross country be fttened on Montn rnch before gog mr ket. Out of this litigtion, enterprise re ech one of which cme ws five seprte pieces of mjor opertion itself. In 1908 I. one of origl suit Circuit Court of Cook sckholders brought County, llegg tht ll contrcts nd ori gl leses between prties frudulent nd void. An ccountg ws demnded between syndicte nd compny. H. K. represented Fr well terests this cse. A demurrer bill ws sus ted lower court nd on ppel by ppellte nd supreme courts. sckholders' clim ws flly de feted. cse drgged on for thg like ten yers. briefs Illois Supreme Court lone rn nerly twelve hundred pges. legl questions volved enormously complicted nd required extensive prepr tion both this country nd Englnd. 2. In 1916, on ppliction by sckholder, Texs court receiver for rnch without ice. H. K. ppoted hurried Texs nd ok n immedite ppel from order. This cse required quick ction if irreprble dmge ws be voided. upper court promptly set side order ppotg receiver. In its opion court copied verbtim lrge prts of H. K.' s brief, syg, "This hs been so orderly nd well done, nd such cler, exct nd concise lnguge, tht writer fds it lmost impos sible express views of court without frgg upon nd copyg refrom. He thks tht no lwyer compl of n Appellte judge for copyg his brief s lw court's opion if decision is his fvor." 3. When lese between Cpil Compny nd syndicte expired 1916, suit ws strted federl court determe rights of prties. Numerous com oflw nd fct volved. origi plicted questions nl herd consisted of 120,000 hed of Texs longhorn cold blooded cttle. Over yers this ws replced by pure blooded sck of much greter vlue. Ws syndicte entitled this cresed vlue? Tht ws one of mny questions volved. This ccountg resulted judgment of nerly two million dollrs fvor of syndicte. ought stte of Texs strted suit gst reclim prt of rnch on ground of mis tkes origl survey. This resulted long tril 4. In 1917 owners volvg study of old surveys mde forty yers previously. court found mistkes hd occurred nd or dered compny deed considerble trct bck stte. 5. In lte 1920'S trustees who n held title rnch found mselves on defendg end of libel suit where dmges of thg like million dollrs ws climed. bsis of suit ws this: trustees, wntg preserve hisry of this re mrkble enterprise, hired professor t University of Texs write sry of rnch. Just mke book terestg, he cluded n ccount of severl fights be tween cttle rustlers nd locl vigilntes. All this occurred bck 1900 New Mexico t time when it ws still n unorgnized rnge-where lrge herds romed pls lmost t will. It turned out tht of persons who nmed s rustlers still livg smll Texs wn. y promptly brought suit for libel. re ws only one defense- truth of sttements mde. To prove this defense required yer's serch for wit nesses ll over Southwest nd even Old Mexico. tril lsted bout six weeks. More thn hundred wit nesses testified, nd evidence red like wild-west thriller, which fct it ws. Nturlly, it ttrcted wide ttention throughout Southwest. Wht did jury do? Of course, it found defendnts guilty. Or wise, I would be tellg you bout cse. TRACTION SITUATION ttempt of city of Chicgo trnsporttion problem generted solve its mss protrcted, compli litigtion thn nythg else city's hisry. Es sentilly, sry is one of mny consolidtions of compet g compnies constntly decresg number of cor porte ownerships until re flly emerged CTA, public body owng nd opertg ll locl trnsporttion. Without doubt, tht result hs been public terest, but forty yers of bitterly fought litigtion, both lower nd upper courts, ws necessry brg it bout. more cted Strtg with 1906 reorgniztion nd until his deth 1932, H. K. ws lmost without terruption engged one phse or nor of this litigtion. of vrious groups of bondholders com rights plicted nd highly controversil. y could be settled only by court decisions-generlly decisions of upper court. lst receivership lsted hom , which proceedg H. K. represented Hrris Trust nd Svgs Bnk, foreclosg trustee of first-mortgge bonds of Chicgo Rilwys Compny. No step ws tken this whole qurter. of this litigtion cse without vigorous opposition from rmifictions, legl, fctul, nd politicl, without prllel our legl hisry.

5 Vol. 6} NO.3 University of Chicgo phses of litigtion reched court of p pels thg like twenty times, nd severl unsuccessful of rrngement, on its leglity. enjoed from commencg ny ction prties which would terfere with execution of court's decree. H. K. nd Henry Russell Pltt, spite of this, dvntge All new ws reted ws petitions for ness 21 file petition for reherg, which court reversed its petition grnted. origl deci sion nd susted vlidity of city's ordnce both cses. decision Deynzer cse followed holdg Auror cse. fct tht court hd first decided gst vlidity dictes tht questions free from doubt. If se cses hd been lost, consequences would hve been extremely serious for whole stte. y hiled s gret vicry for future of city He Vrious certiorri Illois Supreme Court filed. I will briefly tell you bout one phse of this litigtion which hs specil terest. In I905 Judge Grosscup entered decree which ttempted remke lese between of trction compnies. disregrd of right of vrious security holders nd ot city. It ws bsed on supposed. busi Lw School _ plnng. filed proceedg quo promptly ttckg right of corporte officers execute new lese. This creted tense sitution. It required courge on prt of lwyers nd confidence ir judgment tht court's decree ws entirely void. ir clients' terests, however, would hve been permnently nd d versely ffected if y hd mde move. pot volved is mde cler by followg col loquy between court nd counsel: "If I understnd your Honor's position correctly, you propose substitute desirbility of ends for leglity of mens by which you re gog tt se wrrn stte court, FORD v. THE On June 23, I9I6, ril criticizg Henry who ees "TRIBUNE" Chicgo Tribune published n edi employ Ford's ttitude wrd his clled service of Ntionl Gurd. ends," sid Atrney Pltt. "We must Grosscup. nd you lw." hndle this " lw cn prcticlly," mtter ought sid Judge follow busess judgment, expect busess dpt itself In H. K.'s brief upper court this sttement ppers: politics my debte wher urgency of occsion " my justify Justice question court of disregrd is of ppels but Court of be mentioned." right, even reversed Judge Grosscup on ll counts. This where cse y illustrtes difficulty lwyers re fced with cert court's rulg is wrong nd where re immedite ction is necessry without witg for n Tenney's lecture ws delivered Brested Hll of Orientl In before lecture Mr. Tenney (center) received quick ur Institute of from Glen A. Lloyd, JD '23 (right), Chirmn of Bord of Trustees of University, nd Professor Frncis Allen, who Mr. stitute. Just troduced Mr. Tenney. ppel. ZONING CASES In I923 reched Illois two cses Supreme Court vlidity of zong Illois. se City of volvg Auror v. Burns (3I9 Ill. 84) nd Deynzer v. Cityo_fEvnsn (3 I9 Ill. 226). By ct of legislture, cities nd villges given power dopt comprehensive zong dnce. At tht time ide of zong legl vlidity hd been under ttck whole future of city plnng ws t ws new, or nd its numerous cses. stke. volved n ordnce of city of Auror which zoned cert terriry for residentil pur poses nd excluded busess. city brought suit pre vent erection of grocery sre residentil district. H. K. ws counsel of record when cse ws first rgued Illois' Supreme Court, which its origl decision held lw unconstitutionl. Burns cse fter publiction of ediril, Ford sued libel, climg million dollrs' dmges. Ntu cse ttrcted widespred ttention, becuse of rlly, both personlities volved nd size of dmges Shortly Tribune for climed. H. K. ws ssocited defense of Tribune with Weymouth Kirklnd nd my clssmte, Howrd Ellis. At tht time re ws heted controversy gog on public press over question of prepredness, on which Tribune hd tken very strong stnd. country ws on brk of World Wr I, nd disturbnces long Mexicn border hd become so serious tht President Wil son mobilized Ntionl Gurd for service on border vsion. It ws gst this bckground repel thretened tht ediril ws published.

6 Lw School Record 22 ory of pltiff's cse ws tht ediril ws libelous per se nd tht evidence of condition long border nd of terntionl sitution ws dmissible. defense contended tht publisher ws only bound justify words sense which jury should determe tht y used nd would nturlly be Perhps ir re ccurtely described by of n old Scottish poem on Bttle of Sheriff Muir. shepherd who tells tle of fight recounts vryg fortunes of two sides nd wds up with this generl description: concludg undersod. One of most terestg brnches of evidence ws tht which ws given by witnesses from Mexicn border who ld of troubles tht prt of country. It showed such disregrd nd open violtion of this coun tht condition of prcticl nrchy existed ll fifty miles with our border; of ttcks upon wns, even when o reticlly gurded by regulr rmy; of frms long whole countryside devstted; of people collected for mutul pro tection villges; of women whose husbnds nd sons killed ir presence; of citizens crried s cptives Mexico nd re condemned deth; nd of settlers ctully fightg sgly or smll bnds protect smll squds of soldiers of regulr rmy from ttcks by Mexicns. re ws open cknowledgment by rmy officers, nd flly by President himself tht government hd sufficient force preserve order, en force lw, or protect lives nd property of its citi zens. This ws chrcter nd scope of defendnt's evidence. It required fourteen weeks try this cse, t end of which six cents' rticle "Why dmges. H. K. wrote n Took Fourteen Weeks To on Try cse, entitled It Six-Cent Lw Suit." He concluded rticle by syg tht those who look upon tril of lwsuit s prtisns do hve ir views chnged by technicl result. we rn y we rn Tht t nd rn y nd nd sy tht sw, rn, y sy tht sy tht thg rn, we rn we w' mn. won, y won, none won t I'm Sheriff Muir Which I one jury wrded pltiff But of one try's rights long border. Witness fter witness ld of rids from feelgs stnz ', mn. sure, mn, bttle re ws mn. INSULL CASES public terest ws Curnty Trust (61 Fed. [21 329). When so clled Insull empire collpsed 1930, receivers p poted for Insull Utility Investments, Inc., nd Cor portion Securities Compny. se holdg com Anor Co. cse of of New York v. Fentress or Insull compnies, which sck lons from Gurnty Trust Com pnies owng sck ws pledged secure pny, Generl Hnover Bnk & Trust Compny, nd Chse Ntionl Bnk of New York. H. K. represented bnks this litigtion. A temporry restrg order receivership proceedgs enjog sle of this collterl by bnks. In course of orl rgument before court of ppels, H. K. mde stte ment which ws widely quoted press. He responded ws entered rgument tht collterl should return of norml times by syg: "I be sold until much concerned with return 'Norml Times' s I m with thought tht se mybe 'Norml Times.' court of ppels dissolved junctions, holdg pledgors hd neir possession of sck nor right posses sion nd tht rights of receivers no greter thn m so " pledgors. This ws be his lst court ppernce. Ten dys fter cse ws decided, he died. Died s he hd often ld me he wnted -still ctive prctice. Now, let us turn nor phse of his ctivities. H. K. subscribed dge tht " lw is jelous never Morris E. Feiwell, '15, tlks with Chrles F. Hrdg III, '43, Bryce Hmiln, '28, t reception for Henry Tenney. nd mistress." Just who vented tht euphemism is shrouded mists of ntiquity, but cert it is tht most of gret lwyers of hisry never followed it. y cultivted mny or fields thn those which nurtured legl flowers. In fct, I suspect it ws lbor those fields which enbled m crry ir hevy legl burdens. At lest H. K.' sese, I m cert tht he could hve bsorbed such n ex hustg schedule except for relief he found his extr legl ctivities-ctivities which extensive, vried, bsorbg, nd monetry sense entirely unproductive. I hve known him, fter gruelg dy court, go

7 University of Chicgo sportg goods sre nd buy sleepg bg, lyrod, n x, tent, or or out-of-doors equipment, thus refresh g his tired md. He mde mny trips woods nd mounts, huntg nd A. Bncroft fishg. Edgr ws his frequent of leders of br, nd ws generl counsel for Interntionl Hrvester Compny, United Sttes Gypsum Compny, nd mny compnion. Mr. Bncroft ws one ors. He lso ws one for whom lw ws mistress." He nd H. K. for yers hd stndg dte for openg of Michign deer seson on N 0vember 10. Between two of m, y duced most of judges recognize event s grounds for con tunce of ny court enggement. In ddition deer hunt g, y lso mde two trips British Columbi for big gme. When Mr. Bncroft ws ppoted United Sttes "jelous mbssdor Jpn by President Coolidge, he mde r rngements through Jpnese government for big gme hunt Indoch. H. K. ws just on pot of for Tokyo when Mr. Bncroft died. red you H. K.'s description of how he nd Mr. Bncroft, or "Counselor," s he clled him, killed grizzly ber: levg Let me him [ guide] hurryg bck, frnticlly tuggg t one of horses get him out of sight from hillp bove, nd beckong us. We rn over short snow ptch which ly between us, nd with gret excitement he ld us tht In moment we sw become extct. This thirst for literture strted when he ws still boy Mdison. His fr ws gret reder nd sw it tht H. K. ws supplied with books. He once described li brry his erly home Mdison s " room filled with shelves receive books nd ws thus trnsformed snuggest, cosiest redg room tht hert of boy; hood could desire. it ws re tht Jmes Fenimore Cooper opened up me long tril of woodlnd wnder g, which hppily hs yet ended." In ddition redg, he hd gift for writg, nd, for busy lwyer, one fr o busy do so, produced con siderble volume of writgs. This voction crried him mny huntg nd very egerly over hillside before us, nd t first hg but lndscpe. n, ll of sudden, I sw him. sun hd come out-for first time week-nd flood of sunshe he ws mrchg with solemn dignity down lne between two spruce hedges stright wrd us. sunlight Ws ripplg on his twny bck nd shoulders, nd his gret hed swgg from side side s he lurched wrd little stremlet tht trickled through her t foot of hill. It ws cer tly thrillg sight, nd he ws dog his full prt per n re re mny more, of which prted volume entitled Vert nd Venison, nd Quick-s-Sct book, which ws collection of children's sries concern nd see non-legl fields, especilly those reltg fishg. A few of se titles will give you guge." g could nd ide of scope of his terest: "In Greenwood with Fenimore Cooper," "A Lef from Fly Book," "Red Letter Dy with Deer," "On Seeg Thgs Woods," "Forest Leves of Old Englnd," "Cribou, Gouts nd Grizzlies," "An Unslted Luncheon," " Boyhood of Wiscons," nd "English s Ded Ln crefully 23 red. In se dys when we re rpidly degenertg rce of television morons, redg hbits such s his hve ber ws comg down hill just bove us. We crwled up rocky edge bove bit nd stretched out where we could look through lefy screen of spruces. By drwg of lots it hd been determed tht I ws hve first shot. I looked Lw School dventures of two red squirrels clled "Til--Air" "Quick-s-Sct." member of ediril bord of of his rticles ppered. se " Tril of Mry, Queen of Scots," "Cir cumstntil Evidence Forest," nd "A Cse of Lex In 1924 he becme Americn Br Journl, where formnce. When he reched end nd ws out of cover of spruces, I cut loose, nd, s we soon lerned, shot him through hert. He whirled round nd bit t wound nd received nor from "Counselor." n hed lst went down nd it ws ll over. ech fired we tht g, ws our his first nd Grizzly: His sk lies on floor before me s I write, nd I g hillside flooded with sunshe, lne spruces, nd ber mrchg down keep his cn see through ppotment with Fte. Bsiclly, his eduction Lt nd Greek s ws ws clssicl. It cluded such fshion those dys. He ws red ll clssicl literture nd hd gret stimul tion from redg. He hd bd hbit of wkg up round widely 4: 00 A.M., t which time he would turn on light nd At reception precedg Tenney Lecture (left right) Morris Feiwell, '15, President of Lw School Alumni Assocition, Howrd Ellis, '15, nd Crl S. Lloyd, '20. E.

8 Vol. 6} NO.3 Lw School Record 24 Tlionis," which delt with tril of Chief Oshkosh for murder terriril dys of Wiscons. Alwys he ws out of ptience with lwyers' lnguge, with ir excessive verbige nd ir genius for concelg simple ides under impenetrble overburden of useless words. His rticle on "English s Ded Lnguge" nd "Why This Redupliction of Redundnt Reitertion?" t trcted widespred ttention. Let me quote briefly from former: I propose orgnized yers llied hosts of Christendom former crusdes rescue from defilg hnds of tht, just s fidel birthplce nd mb of Son of Mn, so now, our time, Br Assocition orgnize crusde rescue our mor ngue from hnds of lwyers. For mong lwyers, nd only mong lwyers, English is ded lnguge. When Lw School ws orgnized 1902, H. K. fculty nd for severl yers tught course prctice. Thus he becme cquted with gret men who mde up tht origl fculty. Bele, Hll, Mechem, Freund, Whittier, nd ll ors his close friends. His Lw School ssocition ws one of plesntest epi sodes his life, becuse it gve him chnce rub shoul ders with se truly ement legl scholrs. Long before d vent of precision power ols of se modern times, H. K. possessed well-equipped wood workg shop. Except for miter box, he hd no mechni cl ids. He worked with edged ols held unguided hnd. product of his shop ws beutiful pieces of furni ture, of which re still existence. He worked metl s well s wood nd gred round his bench our Kenwood A venue home group of friendly crftsmen from University community cllg mselves "Merry Metl Workers." He hd gift for seeg comicl spects of mn y ordry situtions nd of commentg on m hu morous mnner. As one of his friends sid, "His delightful fcility of fdg so much humor life mde him lwys delightful compnion." He ws sought fter s speker on mny occsions, necessrily legl nture nd be cuse he ws gret orr (which he certly ws ), but rr becuse he hd knck of puttg words wht people thkg. He ws, short, lwys quick joed with pungent Once he tryg hotly " noon. Howrd Ellis recently ld rguments countless courtrooms. He never wrote out or red n rgument. Long experience convced him tht ef fectiveness ws lost when n orl rgument ws confed strit jcket of written word. Most of his effort ws directed sttg fcts clerly, ccurtely, nd so or gnized s led judge desired conclusion. His dvice his younger prtners ws this: "Get fcts before court, nd let judge look up lw. judge lwys knows thg bout lw, but he never knows nythg bout fcts until y re put before him." He lwys ok gretest cre with sttement of fcts brief, generlly writg it out longhnd. This prctice resulted elimtg ll unnecessry words, So creful ws he tht, once written, he rrely mde ny substn til chnges. In commentg on prctice of bror lwyer who pced up nd down his office while dicttg his briefs with gestures, he sid: " trouble with him is mkg every word sttement me tht, once Ford cse, of fcts tht he tries his count. ws cses stenogrpher, court." To younger lwyers office he sid, "Never mke judge red n unnecessry word; never use long word where short simple word will do; use short sen tences! first twenty pges of your brief re most im portnt ones. Try get judge gog your wy by time he reches tht pot." "Tlk bout your own cse- your opponent's." "It pys rke dust heps for evidence." "Never go court with your flg t hlf-mst." wrd court ws lwys deferentil, no wht his personl opion might be of judge's His mnner mtter with opposg counsel withstnd dverse ques tiong from bench without losg his pose or mkg bility. but He never dmgg comment. contested cse circuit court. His opponent ws one of relly lerned lwyers of Chicgo br. He hd, however, hbit of mkg sr cstic remrks bout his opponent. In morng session of court he referred H. K. s "Tht Old Mid!" nd fternoon s "Tht Old Grndmor!"-t which pot H. K. rose nd sid, "If your Honor plese, I wish counsel would expl court just how I could be n old mid morng nd grndmor fterws ssembled lwyers wht despertely tryg court wht prim fcie cse ws. After everyone hd try t it, H. K. ddressed court, syg, "I hve lwys undersod tht prim fcie cse ws one which ws good from front nd bd behd." In spekg t Br Assocition dner for judges, he sid, "I m hppy see judges here from so mny different courts-from courts of origl error those of ultimte conjecture." Durg his long creer H. K. mde hundreds of orl expl of stnd. might hetedly dispute with court. He could concessions. Adverse most nerve-rckg judicil questiong is one tril lwyer must with ordels No visible curt hung cross his door. Everyone ws consult him t nytime nd did so without re strt. Once fifteen-yer-old office boy chnced see bill which ws bout be miled. He ok it H. K., syg: "Mr. Tenney, you cn't chrge s little s this. Lo k wht you did this cse!" "Wht do you thk it should be?" H. K. sked. free "Why, twice s much," he sid. "All right," sid H. K.; "chnge it nd send it out."

9 . University of Chicgo Lw School 25 Tht ws boy's judgment better thn H. K.' s own ws borne out by fct tht check rrived return by mil with e of pprecition for modest chrge. If re is one word which describes H. K.'s life, I should sy it ws "verstility." His terest over rnged vst re, coverg gret mny unrelted subjects. In ech of se, fields he hd genue nd excited terest-literture ofll kds nd ll ges; lw nd its hisricl development; writg, on legl nd non-legl pics; nture study, which ok him out of doors; fishg nd huntg, which his m concern ws full gme bg, but enjoyg smells, sights, sounds, nd feel of woods, mounts, nd pls. He ws n expert crftsmn, nd, bove ll, one who enjoyed compny of simple unsophisticted people, one who could with unerrg stct detect flse rg ny spurious humn specimen. One thg be lerned from life such s his is tht excitement nd terest nd usefulness of your life re direct proportion vriety of highwys nd bywys down which your cltion leds you. Howrd Vcent O'Brien his Dily News column, "All Thgs Considered," hd this sy of him: A gentle mn, he lwys suggested blde of Dmscus, frgile eye, but tempered nd ugh. It ws oddly fittg tht one of his mny terests ws hisry of rmor. Ors my recll him court, successful pleder of gret cuses. With us, picture tht will lger is set gst green of his beloved norrn Wiscons- gret lwyer, with sweet-smellg pe curlg off under his plne, listeng tlk of smll children. His ws soul tht never ged. A collection of mterils by nd bout Horce Kent Tenney. se mterils, which clude tril records, ppellte briefs, books by Mr. Tenney, nd erly Lw School correspondence regrdg his ppotment Lw Fculty, exhibited Lw School connection with lecture by Henry F. Tenney, which is prted elsewhere this issue.

10 At dner precedg Tenney Lecture (left right) Howrd Elliot, 15, Henry F. Tenney, 15, nd Tppn Gregory, edir of ABA Journl nd member of Lw School Visitg Committee.