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

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INTRODUCTION 1990 PEREGRIN US THE SYMBOL OF OUR LAW SCHOOL The Latin w-ord peregrinus is an adjective meaning traveled from a foreign place. It is pronounced with the u short, and by accenting the long i”, that is, Pair-ah-GRINE-us,” rhyming with minus. The symbol of the Law School known as the Peregrinus, however, is pronounced in an entirely 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 subject 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 traveling judges, Praetors Peregrinus,” on circuit tours through the territories. Their job was not to apply any formal body of law, but to sec 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. W.S. Simkins began teaching in the Law Department at The University of Texas in September, 1899. He had been a Colonel in the Confederate 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. 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 it!” 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 slender legs. 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 conical teeth of an Archaeopteryx. There were no cars 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 man's hightop work shoe. One hind foot was laced into a boxing glove. The other two feet were bare, showing claws. The Peregrinus was written under the drawing. This work of art remained on the blackboard for several days and was the subject of much joking in which students used a variety of odd pronunciations. It was from this banter that the current usage descended. Today, when speaking of this creature, the word is almost universally sounded as pair-ah-grin-OOS ; that is, the i of Peregrinus is short, while the u is long and is accented. This unorthodox pronunciation has mistakenly been attributed to Judge Simkins; in reality, he always spoke the word in the correct Latin, even on that fateful day when the animal was first drawn. Judge Simkins saw this Peregrinus as symbolizing the administration of equity. The work shoe — he called it an Irish ditcher's boot — shows that law will protea the least of mankind. The bare claws give warning that the greatest of mankind must fear its power. The arched back suggests it is ready to spring, just as the law is always ready to protect rights or prevent wrong. The sharp beak symbolizes the power of equity to penetrate the mysteries of the law, a power which must be developed by study. The bushy tail reminds us that equity brushes away the technicalities of the law and does justice on the merits. Early in the spring of 1901, the Junior Law Qass adopted this Peregrinus as their emblem. Savage drew the creature on doth and, with the help of his landladies and of Elmer Pope, cut out the drawing and sewed it onto another piece of cloth of a different color, creating a banner. Its life was short, for in a few weeks a rival student group, either the Freshman Law Qass or the Engineers, destroyed it. In 1902, the Peregrinus was being depicted with a high-top work shoe on each front foot, a boxing glove on each hind foot. It was thus shod when it made its first appearance in print, in the 1902 Cat tut. The first papier machc model of the Peregrinus was created in the fall of 1912. It is unknown exactly how many have been created and destroyed since. 4 — Hmoty of che Pwrjivui

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1990 PEREGRINUS STAFF Jay Aldis Editor Michael Whitmire Contributing Editor Michael Yanochik Contributing Editor John Foxworth Photographer Patrick Humphries Photographer Jerry R. Thompson Supervisor Mary Felps Yearbook Assistant Pcrrgrinus Soft — 3

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INTRODUCTION 1990 PEREGRIN US The Peregrinus which currently reigns over the Law School appeared about 1948. The upraised left front foot and the right hind foot each wear a cowboy boot em-blaaened with the Texas Lone Star. The other two feet are bare, showing claws. The legs arc somewhat thicker and shorter than on the original Peregrinus, and the tail is far less bushy. Brought out only on special occasions, the Peregrinus is kept safe in a secret location. Russell Savage practiced law in Corpus Christi for many years. On February 24, 1936, he wrote to Judge Ira P. Hildebrand, then Dean of the Law Department: Someone has suggested to me that, as 1 am getting past middle age, it might he well to do something about the Peregrinus. Personally, I doubt very much that anyone but an engineer would have any designs on the Peregrinus. Nevertheless, as the sole perpetrator of this monstrosity, I will be glad to do anything that you may suggest to fix the ownership where it belongs. The only thing I can think of just at present is for me to convey whatever right I have in it to the University for the benefit of the Law Department, and then the Law Department could take out the necessary papers on it. I really am confused in whether it should be copyrighted, trade-marked, or patented. Perhaps, being somewhat animal-like, it might be registered. I feel sure that the Junior Laws of this year will be able to work out the procedure. With best wishes, I am, Your friend, Russell Savage Although, there is no record of it being officially adopted, the Peregrinus is now firmly rooted as the traditional symbol of The University of Texas School of Law. Hiitory of the Rettgrinui — 5