University of Texas School of Law - Peregrinus Yearbook (Austin, TX)

Page 7 text:

rin Yearbook of THE UNIVERSITY OF TEXAS SCHOOL OF LAW JOSEPH R. DARNALL, JR. Editor-In-Chief Hnlumv 36 Publishedby THE SOCIETY OF THE PEREGRINUS, INC.

Page 6 text:

f ' ' '- A' ' -' ' - , W -1 -gr - Nw- 7 7+ . ,- ar h B 1958 BYU Uhr Hvrvgrinna

Page 8 text:

The Symbol of 0ur Law School This is believed to be the most complete and authentic history of the Peregrinus yet published. lfVe are grateful to Mr. Scott W. Key for clarifying some important details, and for confirming the accuracy of this narrative. The Latin word pere- grinusi' is an adjective meaning traveled from a foreign place. It is pro- nounced with the u short, and by accenting the long iv, that is, pair-ah- GRINE-us,', rhyming with uminusf' The symbol of the Law School known as the Peregrinus, however, is pronounced in an en- tirely different manner which will be explained later in this narrative. Much of the territory conquered by ancient Rome was allowed to retain the local substantive law. Roman citizens, on the other hand, were sub- ject only to the law of Rome, regardless of where they went or with whom they dealt. Commerce sprang up between Romans and the territories, creating serious legal problems. What body of law would apply to a contract between a Roman and a person of one of the territories? To deal with this difficulty, Rome sent travel- ing judges, Praetors Peregrinusf' on circuit tours through the territories. Their job was not to apply any formal body of law, but to see that justice was done in each case according to the dictates of conscience. This is one of the important roots of the law of Equity. 15 9 if 4 W. S. Simkins began teaching in the Law De- partment at The University of Texas in Septem- ber, 1899. He had been a Colonel in the Con- federate Army, and had practiced law for several years in Dallas. His main subject of instruction was Equity, a junior law course. One year later, in the autumn of 1900, junior law student jim L. McCall made a lasting name for himself as one of the all-time great centers on The University of Texas football team. It is not surprising that, in the process, he was absent from a few of his Equity classes and missed judge Simkins' explanation of the Praetors Peregrinus. Page 4 It was early December, 1900. In the basement of the east wing of the old Main Building, where the Law Department was then located, the Equity class was in session. jim McCall was present, but probably apprehensive, for judge Simkins was conducting an oral quiz to review material covered in his fall lectures. In another part of the room, next to a blackboard, sat Russell R. Savage and Scott W. Key, both junior law students. Mr. McCall, what was the Peregrinus?,' asked judge Simkins. judge, I don't know, unless it was some kind of an animal, replied McCall. A wave of laughter swept the class. With sudden inspiration, Russell Savage leaned over to Scott Key and whispered, I will draw a picture of itlv Savage had a natural talent for drawing. He found a piece of chalk and began deftly sketching on the blackboard the creature in his imagination. Scott Key kept watch on judge Simkins, who did not notice them. The completed drawing was about three feet long and twenty inches high. It ,depicted a four- footed animal with a piebald coat of short fur, and rather slenderglegs. Its tail, held proudly erect, was extremely bushy. It had a bird-like beak as long and narrow as a stork's, but set with the con- ical teeth of an Archaeopteryx. There were no ears to be seen. A small crown was set on the back of its head where ears might have been. Its stance left no doubt that the creature was alert to some danger. Its beak was slightly open. Its back was arched, and one forefoot was held straight out in front. This foot wore a manis high- top work shoe. One hind foot was laced into a boxing glove. The other two feet were bare, showing claws. The Peregrinusn was written under the draw- ing. 4 it if W This work of art remained on the blackboard for several days and was the subject of much jok-