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Exam Questions Harvard Law and Economics

Harvard. Enrollment and semester exams in law and economics. Wyman, 1903-1904

To the archive of old economics exams this post adds the mid-year and final exams for the course “Principles of Law governing Industrial Relations” taught at Harvard in 1903-04 by assistant professor Bruce Wyman.

Since most undergraduate economics majors then as now do not pursue further graduate studies in economics, the Harvard economics department offered introductory courses in accounting and business law as a vocational sop in its early 20th century course offerings.

Two earlier sets of exams for this course have been transcribed and posted:  1901-02 (includes his 1921 report to the Class of 1896).; 1902-03 (includes an obituary for Bruce Wyman).

Fun fact: Wyman was alleged to offer “snapper” (i.e., easy) courses for Harvard undergraduates. Included in that post is a New York Times report of a scandal that led to his resignation from the Harvard Law School faculty.

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Course Enrollment

Economics 21. Asst. Professor Wyman. — Principles of Law governing Industrial Relations.

Total 148: 11 Graduates, 89 Seniors, 30 Juniors, 8 Sophomores, 10 Others.

Source: Harvard University. Report of the President of Harvard College, 1903-1904, p. 67.

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ECONOMICS 21
Mid-Year Examination. 1903-04

Answer eight questions. Give reasons with care.

  1. The general manager of the New York Magazine resigned his position to set up a rival magazine which he called the Empire Magazine. Before and after his resignation he solicited business for his new magazine from advertisers in the old. When he left he took a copy of the list of subscribers, intending to write them just before their subscriptions expired, urging them not to renew, but to subscribe to his new magazine, as all the good features of the New York would be found in the Empire in improved form. May the owner of the New York have any injunction against the former manager?
  2. Taddy & Co., manufacturers, sold large quantities of Myrtle Grove tobacco to Nelten & Co., jobbers, upon certain conditions in the invoices headed “minimum retail prices,” and below “acceptance of the goods will be deemed a contract between the purchaser and Taddy & Co.” Stenous & Co., retailers, bought a large amount of this Myrtle Grove tobacco from Nelten & Co., which they later offered to their customers at less than the minimum retail price. Can Taddy & Co. have an injunction against Stenous & Co.?
  3. A travelling agent of the Globe Stove Works goes through the Southwest getting small dealers to sign contracts for stoves. The travelling agent of the World Stove Works crosses his track often. In several instances the agent of the World Company, acting under orders from headquarters, makes a special price to dealers that have bought from the Globe Works, and induces them to cancel their orders for Globe stoves and buy the World stoves. Has the Globe Company any remedy against the World Company?
  4. The National Harrow Company sent broadcast the following circular: “We believe that we have the patents, and we have determined henceforth to sue any dealer handling these infringing harrows wherever they are found.” The infringing harrows referred to were those of the Davison Company. During the year following these circulars the business of the Davison Company fell off 50 per cent. In the year after that the Supreme Court decided in one of the suits which the National Company had prosecuted in good faith that their principal patents were invalid. The Davison Company now sue the National Company for damages done their business by the circulars quoted above. What decision?
  5. Most of the employees in certain breweries belong to a union, most of the brewers are in an association. By an agreement between the union and the association, any brewer must discharge any employee not belonging to the union, if the employee refuses for one week to join the union after being requested to do so. An engineer is taken on at one of the breweries; he refuses to join the union at request; one week later the secretary of the union gave notice to the brewer to discharge the engineer, which was accordingly done. Has the engineer any suit for damages against the secretary of the union?
  6. By a contract between the United States Fuel Company and the Ohio Operators Association, composed of ten concerns engaged in producing coal and coke in a certain district, the company was to handle for a term of years the entire output of the mines of the association intended for the western market. The amount to be furnished by each member of the association was to be fixed by its executive committee; the fuel company was to fix a uniform price from time to time at which it should sell the products turned over. The net profits of the fuel company less its commission were to be turned back to the members of the association pro rata. Is this agreement enforceable?
  7. There are two ice manufacturing companies in Tuscalosa, Ala. The second makes a lease of all its plant to the first for ten years for a high rental; then the first leases this same plant to third parties to be used only as a store house; thereupon the first ice company increases its rate 50 per cent. according to the previous understanding with the second company. This situation lasts for a year, when a new third company constructs a new plant with modern machinery and puts its rates at 50 per cent. below the first company. The first company reduces its rates, and thereupon refuses to pay the full rental to the second company according to the terms of the lease. What rights has the second company against the first company?
  8. An act of legislature provided: “That all the proprietors of the Charles River Marshes, are hereby constituted a corporation under the name of the Marsh Company, with authority to assess and collect from each member ten per cent. upon the valuation of his land, to be expended in making and maintaining a street across the same.” Nine of the ten proprietors after giving the tenth notice of the proposed meeting, meet, organize the corporation, and vote an assessment upon all the members for the amount specified in the charter. Suit by the company against the tenth man to collect the assessment. What decision?
  9. A company was formed by A. Solomon and his two sons, each subscribing one share, the statute for incorporations requiring “three associates each subscribing at least one share.” The capital stock was fixed at $100,300 of which $300 was paid in cash for the three original shares. A. Solomon then conveyed the real estate, machinery, stock in trade and good-will of his shoe business to this corporation for $100,000, which it was all worth at a conservative valuation. He took in payment debenture bonds to the amount of $50,000, a note for $25,000 and paid up shares to the face of $25,000. The remaining 50,000 shares later were sold at 50 each by the company, a discount of 50 per cent. being allowed. A year later a financial crisis comes, and the company is put in a receiver’s hands. He finds besides what has been related that the company has incurred new floating indebtedness to the amount of $25,000, while the property left may be sold for $65,000. How should the receiver wind up this corporation?

Source:  Harvard University Archives. Harvard University, Mid-year examinations 1852-1943. Box 7, Bound volume: Examination Papers, Mid-Years, 1903-04.

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ECONOMICS 21
Year-End Examination. 1903-04

Answer any six questions. Give reasons.

  1. A soap company buys the majority of the stock in a competing soap company. At the next meeting of this corporation it elects a board of directors. This new board of directors of the second company vote to enter into a five years’ contract with the first company to sell to it the whole product of the factory at a price which will barely cover the cost of production. Have the minority stockholders in the second company any relief at law?
  2. Three competing steel corporations agree to manufacture and sell rails at joint profit, accounting to each for a pro rata share upon each sale, settlements to be made semi-annually. One of these companies manufactures as much as possible, then sells all at the high prices prevailing since the arrangement, and then withdraws from the pool refusing to account to the others. Have the other two any remedy against it?
  3. An oil corporation is organized with an authorized capitalization of $500,000,000. It issues all its stocks for a variety of properties (distilleries, pipe lines, etc., etc.) which its directors value at $500,000,000, as these properties before consolidation are earning for their owners $50,000,000 per annum. As a result of this monopolization the new corporation earns $100,000,000 per annum. Is there any relief against this situation at law?
  4. A natural gas company is engaged in the supply of gas to a certain city. After about two thirds of the inhabitants have been taken on, it was discovered that by sinking more wells no more gas is gotten. The present supply is no more than enough to keep up a sufficient pressure to give the present takers proper service. In this condition of things a householder who lives upon the pipe lines of the company, in the centre of the city, applies to the company for gas. The company refuses him. Should a mandamus be granted?
  5. A telephone company in New York operates as a separate branch of its business a service of messengers on call. A messenger company applies to the telephone company for a telephone. The telephone company refuses upon the ground that the messenger company wish the telephone connection in order that people all over the city may summon messengers from it, which would be competition with the business of the telephone company. What decision?
  6. A traveller took a train on a railroad and presented to the conductor an excursion ticket which was in two parts. The conductor accidentally punched the wrong coupon; he then wrote on the back “cancelled by mistake” and signed the statement. The rules of the company also required a conductor under such circumstances to draw a circle about the hole accidentally punched. This circle not having been drawn, the conductor on the return trip refused to accept the punched ticket, and ejected the passenger upon his refusal to pay fare. Has the passenger any cause of action? If so, for what?
  7. A State passes a statute forbidding the sale of oleomargarine colored any shade of yellow. Is this constitutional?

Source:  Harvard University Archives. Harvard University, Examination Papers 1873-1915. Box 7, Bound volume: Examination Papers, 1904-05; Papers Set for Final Examinations in History, Government, Economics, … in Harvard College, pp. 40-41.

Image Source: Harvard Law School ca. 1901 from the Detroit Publishing Company photograph collection (Library of Congress).