Harvard. Paper topics, exam questions for Industrial Relations and Commercial Law. Wyman, 1906-1907

During the first decade of the twentieth century Bruce Wyman’s course on the law governing industrial relations and commercial law was one of two courses offered by the Harvard economics department that provided useful business content to undergraduates. The other one was William Morse Cole’s accounting course. Business content no doubt helps to explain the relatively high enrollment numbers in both courses. 

Fun Fact: Harvard President Lowell complained about Wyman’s course in the economics department having too soft a grade distribution (making it a “snap” course). This too could help to explain the relative popularity of Wyman’s course.

__________________________

From earlier years

1901-02. Autobiographical note, enrollment, course description, syllabus, exams.

1902-03. Obituary, enrollment, course description, exams.

1903-04. Enrollment and exams.

1904-05. Enrollment, course description, exams.

1905-06. Enrollment, paper assignments, exams.

________________________

Course Enrollment

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

Total 152: 6 Graduates, 83 Seniors, 43 Juniors, 14 Sophomores, 6 Others.

Source: Harvard University. Report of the President of Harvard College, 1906-1907, p. 71.

________________________

ECONOMICS 21

Paper No. 1

1. Tell all you know about

(a) Walsh v. Dwight.
(b) Is Ayer v. Rushton rightly decided?

2. (a) X & Co. begin the manufacture of underwear, woven with an open mesh, which they advertise as “Cellular Underclothing.” A few months later Z & Co. begin the manufacture of a similar article which they advertise as “Cellular Underclothing, a better article than that of any other manufacturer.” Can X & Co. sue Z & Co. for anything? Cite any authorities that you think in point. Give your reasons carefully. (b) A & Co., proprietors of a department store, advertise “the B Co. piano, regular price $500, our price $444.” The B Co. are much injured in their business by this; as they only allow their agents 10%, retailers cease handling their piano in the district where A & Co. sell. After A & Co. sell the piano they have had in stock they continue to run the advertisement, although the B Co. of course refuse to sell them any more pianos. Can the B Co. succeed in bringing any suits against A & Co.? Cite any cases you think in point. Give your reasons carefully.

Paper No. 2

1. (a) Tell all you know about Pontefact v. Isenberger. (b) Is Reddaway v. Banham rightly decided?
2. (a) Can a manufacturer of aluminum utensils sue another manufacturer who advertises as aluminum utensils articles not made of that metal? (b) Can a manufacturer who sells lime juice in long tapering bottles prevent another manufacturer from putting his product on the market in a bottle of exactly the same size, shape, and material?

Paper No. 3

1. (a) What is decided in Lewin v. Welsbach Light Co.? (b) Is Dudley v. Briggs rightly decided?
2. (a) X & Co. conduct a commercial credit agency. By mistake of their printers they report in a publication sent only to their subscribers that A & Co. are insolvent. Can A & Co. sue for the damages caused them? (b) X & Co. advertise that according to a series of tests made in their laboratories their fertilizer is shown to be 10% stronger in nitrates than that of A & Co. A & Co. offer to prove by expert testimony that theirs is stronger. What result?

Paper No. 4

1. (a) Give in detail the points made in the opinion of Coleridge, J., in Lumley v. Gye. (b) Is Nichol v. Martyn rightly decided?
2. (a) Are Graham v. St. Charles Street Ry. and Robinson v. Texas Pine Land Association consistent? (b) A superintendent is hired by A for five years, with the right reserved to either party to terminate the employment upon one month’s notice. B, a rival of A in business, goes to the superintendent and by offer of a higher salary induces him to give the notice and then come to him at the end of the month. Can A sue B?

Paper No. 5

1. (a) What is decided in Murray v. Vanderbilt? (b) Is Bishop v. Kitchen rightly decided?
2. (a) Are Diamond Match Co. v. Roeber and Pacific Factor Co. v. Adler consistent? (b) What essential differences are there in the facts between Jelliet v. Broade and Toby v. Major?

Paper No. 6

1. (a) What is decided in Horick & Co. v. Wright? (b) Is Jones v. Fell rightly decided?
2. (a) Are Scottish Society v. Glasgow Association and Plant v. Woods consistent? (b) What is objectionable in Collins v. Locke?

Paper No. 7

1. What are the four things complained of in Mogul S. S. Co. v. McGregor. Do you agree with what the court decides as to each?
2. How did the four judges who considered Glamorgan Coal Co. v. South Wales Miners’ Association decide the issues raised in it? With which ones do you agree?

Paper No. 8

1. (a) What is decided in Temperton v. Russell; (b) and in Hundley v. Louisville & Nashville R. R.
2. (a) How did Green, V. C., distinguish Mogul S. S. Co. v. McGregor from Barr v. Essex Trades Council; (b) What is the course of reasoning in Delz v. Winfree?

Paper No. 9

1. (a) Give in detail the opinion of Lord Lindley in Latham v. Craig; (b) and the dissenting opinion of Justice Holmes in Vegelahu v. Guntner.
2. (a) What things are enjoined in Jersey City Printing Co. v. Cassidy? (b) What were the facts in Reinecke Coal Co. v. Wood?

Paper No. 10

1. (a) What are the characteristics of a corporation, and which are essential? (b) What tests show the distinction between a corporation and its shareholders?
2. (a) What is decided in Gallagher v. Germania Brewing Co.? (b) Is Williamson v. Smoot rightly decided?

Paper No. 11

1. (a) Is Trustees of Schools v. Flint rightly decided? (b) Is Ellis v. Marshall rightly decided?
2. (a) What are all the facts in Broderip v. Salomon that are of any importance? (b) What is the solution of the case by each of the three successive courts which considered it?

Paper No. 12

[missing from folder]

Paper No. 13

1. (a) In Bundy v. Ophir Iron Co. what is decided as to Bundy’s rights and what is left undecided? (b) Give all the facts you remember as to Scovill v. Thayer.
2. (a) Are the doctrines in Currie’s Case (re Gt. Northern Coal Co.) and Hospes v. Northwestern Mfg. Co. alike? (b) Is Coit v. Gold Amalgamating Co. rightly decided?

Paper No. 14

1. (a) What is decided in McNab v. McNab & Harlin Mfg. Co.? (b) What distinctions are taken in McDonald v. Williams?
2. (a) What is the difference in the situation between Monument Bank v. Globe Works and Jemison v. Citizens’ Savings Bank? (b) If the Mt. Washington Road Co. had accepted the omnibuses would they have had to pay Downing & Sons for them anything at all?

Paper No. 15

1. (a) What is decided in Ashton v. Burbank? (b) And in Hartford & New Haven R. R. v. Croswell?
2. (a) A & B, forming a firm engaged in the cotton business, meet a cotton broker, X, who offers them a large lot of cotton at a high price. A agrees that the firm will buy it, B openly protesting; can X hold A & B? (b) Is Dudley v. Kentucky High School rightly decided?

Paper No. B1

1. (a) What is decided in Chicago City Ry. Co. v. Allerton? (b) and in Sweutzel v. Penn. Bank?
2. (a) Directors in a banking corporation supervise the business by examining carefully each month the statements drawn up by the cashier. Later it is discovered that the cashier has for over a period of two years been using the funds of the bank for speculation, covering his embezzlements by fabricated statements. Are the directors liable for these losses? (b) The directors in a copper mining company are proposing to sell the entire output of the mine for the next six months to a copper selling company at 15½ c. per lb. They call a stockholders’ meeting to discuss the sale; three-fourths of the shares are voted against the proposition at that meeting. Nevertheless the directors of the mining company go ahead and sign the contract in the name of the company. Everybody in the selling company knows of the adverse vote by the stockholders. Can the selling company hold the mining company to this contract?

Paper No. B2

1. (a) What are the points decided in Boyd v. American Carbon Co.? (b) And in Emery v. Ohio Candle Co.?
2. (a) Is Bates v. Coronado Beach Co. rightly decided? (b) Suppose a partnership arrangement between a locomotive manufacturer and a cotton mills corporation for five years. If the corporation breaks the contract with partnership funds in its hands, what are the manufacturer’s rights? Suppose instead of a locomotive manufacturer it was another cotton milling corporation, what would be its rights?

Paper No. B3

1. (a) What does Gould v. Head decide? (b) Give all the points made in People v. North River Sugar Co.
2. (a) Is Smith v. San Francisco & N. P. R. R. rightly decided? (b) Would Milbank v. N. Y., L. E., & W. R. R. be decided differently if both corporations concerned had not been in the same business?

Paper No. B4

1. (a) What is decided in St. Louis, etc. R. R. v. Terre Haute, etc. R. R.? (b) Is McCutcheon v. Merz Capsule Co. rightly decided?
2. (a) Should Trenton Potteries Co. v. Olyphant be decided as it is? (b) Is Whitwell v. Continental Tobacco Co. rightly decided?

Paper No. B5

1. To what extent does the corporation law interfere with the consolidation of corporations with intent to gain monopoly. Cite a case upon each form of organization?
2. What seems to you the best solution of the trust problem in each of these forms?

Paper No. B6

1. (a) What does Cincinnati, H. & D. R. R. decide? (b) Do you agree with Fleming v. Montgomery Light Co.?
2. (a) Would the A telephone company be obliged to permit the B telephone company to have its (B’s) subscribers’ local lines connected with its (A’s) long distance lines? (b) Can an electric light company refuse to install current for power for an applicant who lights his house with gas bought from a rival company?

Paper No. B7

1. (a) What is decided in State v. Dalton? (b) Is Jenks v. Coleman rightly decided?
2. (a) Would a law be constitutional which required oleomargarine to be colored pink? (b) Would a law be constitutional which limited the employment of bricklayers and plasterers to eight hours per day?

Paper No. B8

1. (a) What is decided in State v. Campbell? (b) Is State v. Nebraska Telephone Co. rightly decided?
2. (a) Suppose a ticket agent, to whom you pay money for a ticket good to stop over, stamps it in some secret way so that it reads as a limited ticket to the conductor of the second train you take after stopping over, and this conductor puts you off, using necessary force, but causing you injury. For what can you sue the railroad company? (b) Is Forsee v. Alabama Ry. rightly decided?

Paper No. B9

1. (a) Must a telegraph company transmit despatches from race tracks to pool rooms? (b) May a ferry company refuse to transport a forger?
2. (a) Must a railroad company allow a telephone company to install a pay-station in a terminal station? (b) May a theatre refuse to sell a ticket to a man in naval uniform?

Paper No. B10

1. (a) What is decided in Coupland v. Housatonic R. R.? (b) Can Craker v. Chicago & N. W. Ry. and Batton v. S. & N. Ala. R. R. both be right?
2. (a) A traveller comes to an inn and asks for room 15 which is vacant, but the innkeeper assigns him to room 16; later in the day he changes him to room 17. Can the guest complain of his action at either time? (b) A Pullman agent has a telegram reserving a berth on file; he accordingly refuses to sell his last berth to an applicant or to order another car put on. Has the applicant any complaint?

Source: Harvard University Archives. Syllabi, course outlines and reading lists in Economics, 1895-2003. Folder: “Economics 1906-1907”. Note: Harvard College Library stamp Jan 29, 1907 on Papers No. 1-14; Stamp Jul 5, 1907 Papers No. 15, B1-B10. Each of these paper assignments was printed on a separate sheet of paper.

________________________

ECONOMICS 21
Mid-year Examination, 1906-07

First give your answers, then your reasons, supporting your views by authorities, but not writing more than 30 pages.

1. A is a manufacturer of soap, who is dealing with a jobber named B, among others. C, another manufacturer of soap, goes to B and first offers him a rebate of 10% if B will not handle the soap of A any longer, but will deal with C exclusively, and then threatens B that unless he will do this he will not sell him any soap at all. B then accedes with much protestation. A, thus cut off by B, brings suit against C for loss of business, — what decision? Would A have had any complaint if C had not made the threat?
2. The Meadow Dairy, incorporated, is formed by X, Y, and Z, who constitute themselves the board of directors, with X president, and Y general manager. Soon after, Z, being in poor health, goes to Europe. The corporation thus managed by X and Y, begins an advertising campaign in which it claims: ‘that all its milk is produced upon its own farms, and contains 15% of solids, whereas that sold by their largest competitor, the Hill Farm Dairy, is bought from irresponsible farmers, and never contains 10% of solids.’ The truth of the matter is, that it is the Meadow Dairy which has no cows of its own, and resells a poor grade of milk (10%), while the Hill Farm has its own herds and a high grade of milk (15%). A State statute makes it a misdemeanor to sell milk containing less than 12% of solids. The Hill Farm proprietors (it is a partnership, composed of A, B, and C) decide to take action. Before any proceedings are begun, C gives public notice that he wants the whole matter dropped. A and B seek counsel as to the extent to which they can get redress of any sort against any one, civil or criminal?
3. An association of refiners of kerosene oil adopt the following policies. How many of these will give a rival refiner who is injured an action for damages: (a) Refusing to sell any oil to retailers who deal at all with refiners outside the association. (b) Reducing prices 25% in districts where rival refiners are selling. (c) Giving 33 1/3% discount to those retailers who will agree to deal with members of the association exclusively. (d) Fining any member of the association who sells to any retailer who deals with any outside refiner.
4. In a strike at a paper mill, called to get recognition of the Union by getting the non-union men discharged, the union of the employees adopt the following tactics. How many of these will be stopped by an injunction asked for by the employers: (a) Posting two pickets at the mill gates with instructions to them to use no violence. (b) Refusing to patronize dealers who advertise in newspapers which buy their paper from this mill. (c) Posting upon billboards an appeal to workingmen urging “all honest laborers not to employ for employment at the mill while the strike is in progress.” (d) Paying non-union men who have taken employment at this mill $25 each to quit work at the end of the week for which they are employed.
5. An association of dealers in plumbers’ supplies, of which X, Y, and Z are members, has a rule that all plumbers who are in arrears to any member over ninety days shall be reported to the secretary, who shall send copies of the report to all other members L, M, and N, three other members of the association, introduce a motion at the annual meeting of the association that no member shall extend credit to any delinquent plumber so reported, but the motion fails, they alone voting for it. A, a plumber who is in arrears and is so reported, finds himself unable to get goods on credit from L or from X, what redress has he at law?
6. A newspaper publisher employs only union printers, who are hired by the day. He is building a house, on which he employs by the day a non-union carpenter. A retail grocer, with whom the union printers are accustomed to deal, advertises in the newspaper.
   In order to prevent the carpenter from continuing in the employ of the publisher, the union printers tell the grocer that they intend to withdraw their patronage from his store, unless he ceases to patronize a newspaper whose proprietor employs a non-union carpenter. The grocer holds out for awhile, but finally (as the union printers hoped he would) notifies the publisher that he shall cease to advertise in the newspaper, unless the publisher ceases to employ the carpenter. In consequence of this notice, the publisher ceases to employ the carpenter.
   The union printers were not actuated by personal ill will toward the carpenter; but by a wish to strengthen the general cause of labor unionism and to increase the power of labor unions in general.
   Has the carpenter an action against the union printers? Has the grocer?
7. A corporation owns a building worth $40,000. X owns one fourth of the corporate stock. The corporation effects an insurance of $35,000 on the building. X effects an insurance of $10,000 on his interest in the building. The building is totally destroyed by fire.
   In a suit by the corporation on its policy, the insurance company offers to prove an admission made by X that he set the fire negligently, but unintentionally. Is the evidence competent?
   In a suit by X on his policy, the insurance company claims that, as the building belonged to the corporation, X had no insurable interest in it. What decision in X’s suit?
8. All the shares in the X Brewing Co., the capital stock of which is $90,000, are purchased from the corporation by A, B, and C, who convey to it a brewery, which is worth about $30,000, in which they each have a one-third interest; the agreement with the corporation is that the corporation shall take the brewery as full subscription price and issue to A, B, and C $30,000 each in fully paid shares. The next year the corporation issues $40,000 in debentures on all the assets of the corporation to A who loans them that sum. A year after this is done the X corporation fails, owing $100,000 to X for supplies, with nothing but the brewery itself left. How much on a dollar will X get? How will A, B, and C come out?
9. A shareholder in a bank accepts dividends for the year 1904 which are paid out of capital which he would have known if he had attended the annual meeting; in 1905 he accepts dividends, although the bank is then hopelessly insolvent, which he has no reason to suspect. What rights have depositors against him? What rights have other shareholders?
10. A corporation, not authorized to borrow money, or to purchase real estate, borrows $1000 of X giving its note due in 30 days for $1000; expends $500 of the amount in paying a valid corporate debt to B; and expends the balance in purchasing land. X sues the corporation on this note for $1000. Decision is given against him on the ground that the borrowing by the corporation was ultra vires. Are there any remedies open to X?

Source: Harvard University Archives. Harvard University. Mid-year Examinations, 1852-1943. Box 7, Bound Volume: Examination Papers, Mid-Years 1906-07.

________________________

ECONOMICS 21
Year-end Examination, 1906-07

First give your answers clearly; then give your reasons briefly.

1. What is the position of a person who has sold steel rails at
   16 2/3% profit to a railway company if he is (1) a promotor of the corporation, (2) a large stockholder in the corporation,
   (3) the treasurer of the corporation, (4) a director who resigned from office while the sale was being negotiated and was then immediately re-elected?
2. Can an action for damages be brought (1) by a retail tobacco dealer against a tobacco trust which will not sell to him because he handles rival brands; (2) by a newspaper against a press association which makes lower rates to others which deal with it exclusively; (3) by a city which has paid an artificially high price for iron pipe to an iron foundry which is a member of a pool; (4) by one railroad against another which makes lower rates to those persons who will ship by it exclusively?
3. Are there legal objections to the following arrangements?
   (1) a rich man, who is a large stockholder in two competitive railroads, increases his holdings in both to over 50% of the shares in each; (2) three rich men, holding each 20% of the shares in these two roads, agree to vote these shares as a majority of them shall decide; (3) the organization of a corporation to buy the controlling interest in these two roads; (4) an agreement between the two roads to maintain the maximum rates fixed by the law?
4. Can a street railway urge against the constitutionality of legislation reducing fares that the gross receipts so reduced
   (1) will leave no net profit: (2) or will leave nothing for replacements, (3) or nothing for depreciation; or (4) nothing for losses by accidents?
5. Can an innkeeper refuse to admit to his premises (1) a driver of a stage line seeking passengers; (2) a caller for a guest;
   (3) a neighbor with a dog; (4) a prize fighter who has come to train for a month?
6. Can a gas company refuse to supply (1) an applicant who uses electricity; (2) an applicant who owes his last month’s bill;
   (3) a tenant in an apartment house; (4) a householder on a street where there are no gas mains?
7. Is it illegal for a water company to make lower rates
   (1) for factories than for residences; (2) for hospitals than for churches; (3) for customers who use over 100,000 gallons than for less; (4) for customers who pay in advance.

1. Is it illegal for a railroad to charge lower rates per pound
   (1) for trainloads than for carloads; (2) for carloads than for less than carloads; (3) for 100 lb. packages than for less; (4) for barrels than for boxes?
   [Note: Questions IX and VIII were reversed in the original printed copy]

1. (1) Can a railroad work coal mines? (2) Can a gas company make lower rates to those who have gas stoves? (3) Can the proprietor of a grain elevator store his own grain in his own warehouse? (4) Can a railroad refuse to take at the carload rate a lot of goods offered by various shippers who have got together for the purpose?

Source: Harvard University Archives. Harvard University, Examination Papers 1873-1915. Box 8, Bound volume: Examination Papers, 1906-07; Papers Set for Final Examinations in History, Government, Economics,…,Music in Harvard College (June, 1907), pp. 42-43.

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