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Inventory of the Papers of Armistead Mason Dobie 1902 (1939-1956) 1963 Dobie, Armistead Mason, Papers, 1902 (1939-1956) 1963 MSS 78-2

Inventory of the Papers of Armistead Mason Dobie 1902 (1939-1956) 1965

A Collection in
The Arthur J. Morris Law Library, Special Collections
Collection Number MSS 78-2


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Special Collections
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University of Virginia
Charlottesville, Virginia 22903
USA
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© 2001 By the Rector and Visitors of the University of Virginia. All rights reserved.

Funding: Web version of the finding aid funded in part by a grant from the National Endowment for the Humanities.

Processed by: Marsha Trimble

Repository
Special Collections, University of Virginia Law Library
Collection number
MSS 78-2
Title
Inventory of the Papers of Armistead Mason Dobie 1902 (1939-1956) 1965
Physical Characteristics
This collection consists of 15 boxes.
Language
English
Abstract
The Papers of Armistead M. Dobie span the years 1902 to 1963, with the bulk of the material covering 1939 to 1956, the years of Dobie's judgeship.

Administrative Information

Access

There are no restrictions.

Use Restrictions

There are no restrictions.

Preferred Citation

Inventory of the Papers of Armistead Mason Dobie, 1902 (1939-1956)-1965, MSS 78-2, Box Number, Special Collections, University of Virginia Law Library.


Biographical/Historical Information

Armistead Mason Dobie was born 15 April 1881 to Mary Kearns Cooke and Richard Augustus Dobie of Norfolk, Virginia. Armistead entered the University of Virginia and earned three degrees in rapid succession: B.A. in 1901, M.A. in 1902 and LL.B in 1904. He left Charlottesville to practice law in St. Louis, Missouri, but returned to his alma mater in 1907 to teach law and to re-establish the close ties with the University which he would maintain the rest of his life. When Dobie joined the faculty, he assumed the teaching duties of Dean William M. Lile, who was temporarily absent due to ill health. Lile returned, and Dobie remained on the faculty, becoming a full professor in 1909.

World War I claimed Dobie's service in 1917. He was commissioned a captain in the U. S. Army and became an aide to General Cronkhite, with whom he went to France. Before the war was over, Dobie was promoted to major and was made assistant to the chief of staff of the 80th Infantry Division. He was recommended for the D. S. O., and the French honored him by making him an Officier d'Academie with palms.

After the war was over, Dobie returned to Charlottesville, but instead of teaching, he served for a year as the Executive Director of the University drive for the Centennial Endowment Fund. The following year Dobie went to Harvard Law School and begin work on an S.J. D. In the summer of 1922 Dobie studied at Columbia's Graduate School of Jurisprudence and then returned to Charlottesville in time to begin the fall term.

At the time Dobie joined the faculty, the law school program increased from mandatory two to three years. Dobie taught three required courses --criminal law, federal procedure, and probate and administration- - and six electives --Roman law, master and servant, carriers and bailments, code pleading, public officers, and taxation and tax titles. Upon his return from Harvard, Dobie began employing the case method. Young faculty members followed Dobie's lead. With Dean Lile's retirement in 1932, Dobie was appointed dean of the Law School and served in that position until 1939, although ill health in 1936 caused him to relinquish the dean's duties for year or so.

Armistead Dobie wrote a definitive work on law of bailments and carriers, a widely respected casebook and several treatises on federal jurisdiction and procedure, and numerous articles for the Virginia, Harvard and Yale law reviews. In the mid-1930's he was appointed special assistant to the U. S. Attorney General and served for over twenty years. He served as legal advisor to the Conflict of Laws Section of the American Law Institute and was appointed by the U. S. Supreme Court to a committee of 14 to make procedure in federal districts courts uniform nationwide.

In May of 1939 President Franklin Roosevelt offered Dobie the newly created judgeship on the U. S. District Court for the Western District of Virginia with the promise that he might move to the Fourth Circuit when vacancy occurred. Dobie accepted. True to his word, Roosevelt appointed him to the Fourth Circuit Court only six months later.

From early in 1940 until the first of February 1956 Armistead Dobie served on the Fourth Circuit Court along with Senior Judges John J. Parker and Morris A. Soper. Dobie heard almost 1400 cases during his 16 years on the Circuit Court bench and wrote over 450 opinions; only six time he dissented from his colleagues and was upheld by the Supreme Court in four of those opinions.

The most historically significant cases Dobie heard were those involving school segregation. The decisions he helped reached on these cases reflected his firm belief that blacks should have facilities as nearly equal to whites as possible, and his reluctance or disinclination to go against the segregation pattern established by Plessy v. Ferguson.

Judge Dobie officially retired from the bench on the first of February, 1956 in bad health. After many months of complete rest, he recovered somewhat, and on 18 July 1958, he married a long-time Charlottesville friend, Elizabeth McKenny. He lived out the rest of his life at their home in Charlottesville, and he died at 81 on August 8, 1962.

Scope and Content Information

The Papers of Armistead M. Dobie span the years 1902 to 1963, with the bulk of the material covering 1939 to 1956, the years of Dobie's judgeship. The first three boxes contain general correspondence which is primarily of biographical interest, although there are some items, especially the 1939 letters from President Franklin D. Roosevelt, and Senators Carter Glass, and Harry Byrd, that have historical value. The correspondence with Judges John J. Parker and Morris A. Soper in the general files, as well as in the court materials, yield very little information about the cases the three were considering. Other correspondents who wrote Dobie one or two letters of interest were Felix Frankfurter, Stanley Reed, Roscoe Pound, Samuel Williston, Manton Davis and many former University classmates and students. The general correspondence files were kept alphabetically by correspondent's name or, occasionally, by subject, and within the alphabetical division the correspondence is arranged chronologically. Following the correspondence are four notebooks of mimeographed "textbooks" from Dobie's graduate studies at Harvard and teaching at Virginia in the 1920s.

Boxes four and five contain drafts of speeches arranged alphabetically by title or subject. Boxes six through fifteen contain court materials that include records, briefs, and correspondence for a small percentage of the cases Dobie heard. There are few notes and drafts or copies of the opinions he wrote. There are several folders on the Davis v. County School Board of Prince Edwardfor both the 1951 and 1955 hearings; also of interest is Judge Waties Waring's dissenting opinion on Davis' "sister" case, Briggs v. Elliott. The cases are arranged chronologically are followed by a box containing the dockets for the Fourth Circuit from 1948 to 1956.

Boxes six through fifteen contain court materials that include records, briefs, and correspondence for a small percentage of the cases Dobie heard. There are few notes and drafts or copies of the opinions he wrote. There are several folders on the Davis v. County School Board of Prince Edwardfor both the 1951 and 1955 hearings; also of interest is Judge Waties Waring's dissenting opinion on Davis' "sister" case, Briggs v. Elliott. The cases are arranged chronologically are followed by a box containing the dockets for the Fourth Circuit from 1948 to 1956.

Box fifteen contains notebooks regarding the work of the U.S. Supreme Court Advisory Committee on Rules of Civil Procedure and of a committee studying the jury system.

Contents List

General Correspondence A-L 1935-1957
Box: 1
11 folders
General Correspondence M-Y 1935-1957
Box: 2
10 folders
Miscellaneous Class Notes and Quizzes 1902-1928, n.d.
Box: 2
Notes on the Opera: Questions AMD submitted for the radio show "Texaco's Opera Quiz" [ca. 1940-1950]
Box: 2
Research Notes 1947, n.d.
Box: 2
Research Notes: Judges in Virginia 1947-1951
Box: 3
Willliam H. White Lecture Series: District Judges in Virginia before the Civil War [ca. 1947]
Box: 3
Newspaper Clippings re AMD 1932-1963
Box: 3
Administrative Law-Notes [1921]
Box: 3
History of the Law-Notes 1921
Box: 3
Sales: Bound Class Notebooks 1921
Box: 3
O.W. Holmes, Collected Legal Papers [ca. 1921]
Box: 3
Mimeographed copy in cardboard binder
R. Pound, Readings in Roman Law and the Civil Law and Modern Codes as Developments Thereof, Part II [ca. 1921]
Box: 3
Mimeographed copy in cardboard binder
A. M. Dobie, Writs [ca. 1921]
Box: 3
Mimeographed copy in cardboard binder
Speeches, Articles, etc. A-F 1910-1956
Box: 4
7 folders

Subjects include: Alumni Address, American Legion, Armistice Day, New York Bar Association Address P. Barringer, G. B. Battle, J. C. Battle, Confederacy, Clark Hall, Conflict of State and Federal Judicial Power, Democratic Convention, Geo. B. Eager, Education, C. Glass G. Glenn

Speeches, Articles, etc. H-Z 1922-1950
Box: 5
14 folders

Subjects include: Honor System, Harvard Law Review, Canada Dry "Information Please," Jurisdiction of the Supreme Court, "A Judge Judges Judges," Judicial Opinions, John C. Knox, "Law and Language," Dr. Lambeth, Robert E. Lee, "Law and Morals," McConnell Monument, Raleigh C. Minor, President Newcomb, Judge Northcott, General Pershing, Phi Delta Pi, Pre-Trial Practice, Raven Society, Roosevelt, "Succesful Justice," T.I.L.K.A., Tradition, "Spirit of Virginia," Virginia Law Review, George Wythe, Richard H. Wilson, W.H. White Portrait, "The Young Lawyer"

Family Life Insurance Company v. John M. Daniel
  • Box 6
    Records and Briefs 1948
  • Box 6
    Correspondence 1948
  • Box 6
    Dissenting Opinion by AMD 1948
Brooks Transportation Co. v. U.S. and Interstate Commerce Commission
  • Box 6
    Records and Briefs 1950
    2 folders
  • Box 6
    Correspondence 1950-1951
Coin Machine Acceptance Corp. v. Paul J. Yaeger 1950
Box: 6

Motion

Harold R. Love and U.S. v. D. E. Rippotoe, M. M. Rippotoe, Ruth Jackson, and Frank B. David 1950
Box: 6

Notice of Motion

Industrial Capital Corp. v. Tygart Valley Wood Products Corp. 1950
Box: 6

Opinion

Norfolk Southern Bus v. U.S. and Interstate Commerce Commission
  • Box 6
    Records and Briefs 1950
  • Box 7
    Correspondence 1950
  • Box 7
    Opinion by AMD 1950
Oltie W. Kennedy v. U.S. 1950
Box: 7

Records and Briefs

Panagiotis Christofis et al. for Mandamus 1950
Box: 7

Correspondence and Opinion

Robert W. Hart and Ellen Brown Hart v. U.S. 1950
Box: 7

Records and Briefs

Constance Carter v. the School Board of Arlington County 1950-1951
Box: 7

Records, Briefs, Opinions, Correspondence

Henry G. Bartson v. Harry D. Friedman 1950-1951
Box: 7

Records and Briefs

The Alabama Great Southern Railroad Co. v. U.S. 1951
Box: 7

Records and Briefs

Alexandria, Barcroft, and Washington Transit Co. v. U.S. 1951
Box: 7
2 folders

Records and Briefs

Alexandria, Barcroft, and Washington Transit Co. v. U.S.-Correspondence 1951
Box: 7
Andrew A. Kramer v. U.S. 1951
Box: 7

Records, Briefs, Correspondence

Charles C. Bartoli v. U.S. 1951
Box: 7

Records, Briefs, Correspondence

Consolidated Gas Electric Light and Power Company v. Penn. Water and Power Co. 1951
Box: 8

Records and Briefs

County Board of Arlington v. U.S.
  • Box 8
    Records and Briefs 1951
    2 folders
  • Box 8
    Correspondence 1951
Craig Kugel v. Alfred Altschul 1951
Box: 8

Records and Briefs

Dorothy E. Davis, et al v. Prince Edward County School Board
  • Box 8
    Records and Briefs 1951
  • Box 8
    Correspondence 1951
Earl T. Davis v. Clifton B. Cates 1951
Box: 8

Records and Briefs

George N. Mas and Frank M. Mas v. William Coleman 1951
Box: 8
Harry Briggs Jr., et al v. R. W. Elliott, Chairman, et al
  • Box 8
    Records and Briefs 1951
  • Box 8
    Dissenting Opinion by Judge J. Waties Waring 1951
Jesse Butler v. Mary A. Thompson
  • Box 8
    Records and Briefs 1951
  • Box 8
    Correspondence 1951
Local 33B United Marine Division of I.L.A. v. Battle
  • Box 9
    Records and Briefs 1951
  • Box 9
    Correspondence 1951
Mount, Trustee v. Norfolk Savings and Loan 1951
Box: 9

Correspondence

Mrs. Mae Owens Case v. State of Maryland 1951
Box: 9

Correspondence

National Labor Relations Boards v. Jegalock Fasteners, Inc. 1951
Box: 9

Correspondence

Pless v. U.S. 1951
Box: 9

Correspondence

Stewart-Warner Corp. v. National Labor Relations Board 1951
Box: 9

Correspondence

Virginia State Conference of Branches of the N.A.A.C.P. v. City of Richmond
  • Box 9
    Records and Briefs 1951
  • Box 9
    Correspondence 1951

    Correspondence

Walter J. Kozdron-Petition for Writ of Mandamus; Correspondence 1951
Box: 9
National Labor Relations Board v. Pugh and Barr, Inc. 1951-1952
Box: 9
2 folders

Records and Briefs

Brooks Transportation Co. v. U.S. and Interstate Commerce Commission
  • Box 9
    Records and Briefs 1951-1952
    2 folders
  • Box 9
    Correspondence 1951-1952
Clavin C. Upton, Jr. v. U.S. 1952
Box: 9

Records and Briefs

Emmett Haydon Bozell v. U.S. 1952
Box: 9

Correspondence

(F) 15.6136 Acres in Arlington County v. U.S. 1952
Box: 9

Records and Briefs

George A. Meyers v. U.S. 1952
Box: 9

Records and Briefs

Harold Bernstein v. U.S. 1952
Box: 9

Records and Briefs

Houff Transfer, Inc. v. U.S. and Interstate Commerce Commission
  • Box 9
    Records and Briefs 1952
    2 folders
  • Box 9
    Correspondence 1952
Jerome Weiss v. Loyal M. Haynes 1952
Box: 9

Records and Correspondence

National Labor Relations Board v. Coca-Cola Bottling Co. of Asheville, N.C. 1952
Box: 10

Correspondence

National Labor Relations Board v. Collier Construction Co. 1952
Box: 10

Correspondence

National Labor Relations Board v. Pepsi-Cola Parkensburg Bottlers, Inc. 1952
Box: 10

Records and Briefs

National Labor Relations Board v. Roger Williams Shirt Corp. n.d. [1952]
Box: 10

Letter

National Labor Relations Board v. Tec. Optical Products Corp. 1952
Box: 10

Letter

Robert Henry Bugg v. Seaboard Air Line Railroad Co. 1952
Box: 10

Brief and Memorandum

Samuel Kelley v. U.S. 1952
Box: 10

Records and Briefs

Smith's Transfer and Co. v. U.S. and Interstate Commerce Commission 1952
Box: 10
2 folders

Correspondence

U.S. ex rel Weiss v. Haynes 1952
Box: 10

Correspondence

U.S. v. Jack Court 1952
Box: 10

Records and Briefs

William H. Ward v. U.S. 1952
Box: 10

Records and Briefs

U.S. v. Wayman C. Hamilton 1952-1953
Box: 10

Records, Briefs, Correspondence

Anna Mae Allen v. Southern Railway Co.
  • Box 10
    Records and Briefs 1953
    2 folders
  • Box 10
    Correspondence 1953
Badgett Trucking Co. v. U.S. 1953
Box: 10

Records and Correspondence

Chesapeak and Ohio Railway Co.: I.C.C. Reports 1953
Box: 10
Earl T. Ellis v. Clifton B. Cates 1953
Box: 11

Records and Briefs

Edward D. Shaver v. Richmond, Fredericksburg and Potomac Railroad Co.-and R. H. Bugg et al. vs, Seaboard Airline Railroad Co. 1953
Box: 11

Correspondence

Henry Heil and J. Henry v. Orla E. Watson and Telescope Carts 1953
Box: 11

Correspondence

James E. Pythress v. Frank Pace, Jr. 1953
Box: 11

Records and Briefs

Meacham Corp v. U.S. 1953
Box: 11

Records and Briefs

Ralph H. Witt v. William C. Merrill 1953
Box: 11

Records and Briefs

Robert Henry Bugg v. Seaboard Airline Railroad Co.
  • Box 11
    Records and Briefs 1953
  • Box 11
    Correspondence 1953
Samuel Cummins v. Commissioner of Internal Revenue 1953
Box: 11

Correspondence

United Fuel Gas Co. v. Public Service Commission 1953
Box: 11

Correspondence

U.S. v. C. W. Sullivan, M. L. Silver Farb and C. E. Heath 1953
Box: 11

Records and Briefs

U.S. v. James Russell McGregor 1953
Box: 11

Records and Briefs

Badgett Trucking Co. v. U.S.
  • Box 11
    Records and Briefs 1954
  • Box 11
    Correspondence 1954
  • Box 11
    Opinion by AMD 1954
Badgett Trucking Co. v. U.S. and W. Va. Motor Truck Association v. Public Service Commission
  • Box 11
    Correspondence 1954
  • Box 11
    Pre-trial Conference Transcript 1954
Chesapeake and Ohio Railway Co. vs, Henry L. Burton 1954
Box: 11

Brief

Appeal of Edmund C. Fletcher on a charge of Criminal Contempt 1954
Box: 11

Records, Briefs, Correspondence

Frank M. Ellison, Jr. v. the Space River Coal Co. 1954
Box: 11

Records and Briefs

The Jewel Shop of Abbeville, S.C. v. R. C. Pitts 1954
Box: 11

Records and Briefs

John L. Greene v. Charles R. Fenwick
  • Box 12
    Records and Briefs 1954
  • Box 12
    Correspondence 1954
  • Box 12
    Opinion 1954
Samuel R. Beard v. U.S. 1954
Box: 12

Records, Briefs, and Correspondence

Seaboard Airline Railroad Co. v. United States and Interstate Commerce Commission 1954
Box: 12

Records and Briefs

Seaboard Airline Railroad Co. v. U.S. 1954
Box: 12
Seaboard Airline Railroad Co. v. U.S. 1954
Box: 12

Correspondence

United States v. E.L. Klingstein 1954
Box: 12

Records and Briefs

U.S. v. Joseph C. Dunford 1954
Box: 12

Records and Briefs

United States v. One 1950-1951 Ford, Van Type One and One-half Ton Truck 1954
Box: 12

Brief

Washington Coca-Cola Bottling Works Inc. v. National Labor Relations Board 1954
Box: 12

Records and Briefs

West Virginia Motor Trucking Association v. Public Service Commission of W. Va.
  • Box 12
    Records and Briefs 1954
  • Box 12
    Correspondence 1954
  • Box 12
    Opinions, one by AMD 1954
    Handwritten draft and carbon
Wilby Kincey Service Corp. v. Sherry Wilson 1954
Box: 12

Correspondence

Barton Duer and Koch Paper Co. v. Federal Trade Commission 1955
Box: 12

Records and Briefs

Bettie Low McCoy v. U.S. 1955
Box: 12

Records

Director of the U.S. Bureau of Mines v. Three Fork Coal Co. 1955
Box: 12

Records and Correspondence

Dorothy E. Davis v. Prince Edward County School Board 1955
Box: 12

Records and Briefs

Dorothy E. Davis et al. v. Prince Edward County Board 1955
Box: 12

Correspondence

E. I. DuPont de Nemours Co. v. Leo Hall 1955
Box: 13

Records and Briefs

Frank Ellison, Jr. v. Spruce River Coal Co. 1955
Box: 13

Records and Briefs

Group of Boston and Providence Railroad Corp. Stockholders v. Interstate Commerce Commission
  • Box 13
    Records and Briefs 1954-1955
    2 folders
  • Box 13
    Correspondence 1954-1955
Harry Briggs, Jr. et al. v. R. W. Elliott et al
  • Box 13
    Records and Briefs 1955
  • Box 13
    Correspondence 1955
Helen Clyburn, et al. v. Carolina Mining and Exploration Co. 1955
Box: 13

Records

Hillard Saunders v. U.S. 1955
Box: 13

Records and Briefs

Ivan M. Halt v. Commissioner of Internal Revenue 1955
Box: 13

Record

John Wesley Hamman v. U.S. 1955
Box: 13

Record

Junius Irving Scales v. U.S. 1955
Box: 13

Records, Briefs, Correspondence

Leonard Sykes, Jr. v. U.S. 1955
Box: 13

Records, Briefs, Correspondence

Leroy B. Frazier, Jr. et al. v. Board of Trustees of University of North Carolina
  • Box 13
    Records and Briefs 1955
  • Box 14
    Correspondence 1955
Minnesota Mining and Manufacturing Co. v. Albert A. Shugler 1955
Box: 14

Records and Briefs

Norvin Rieser, et al. v. Baltimore and Ohio Railway Company 1955
Box: 14

Record

Robins Paper Co. v. Federal Trade Commission 1955
Box: 14

Records and Briefs

Sarah A. Walker v. Harry A. L. Baker 1955
Box: 14

Records

S. L. Gardner v. Glens Falls Indemnity Co. 1955
Box: 14

Records

United States v. Coley Roby Johnson 1955
Box: 14

Records

Annie Mary Timmons v. Commissioner of Internal Revenue 1956
Box: 14

Record

Belden R. Reap, Sr. v. Stephen James 1956
Box: 14

Records and Briefs

Dorothy E. Davis et al. v. Prince Edward County School Board 1956
Box: 14

Records and Correspondence

Evangelos Papanikolaou v. Atlantic Lines 1956
Box: 14

Records and Briefs

John Sakkas v. V. Goulandris 1955
Box: 14

Record

Smith v. Biggs 1955
Box: 14

Letter

U.S. v. Carl V. Wacker and Norman Bebik 1956
Box: 14

Records and Briefs

United States v. Kramer 1956
Box: 14

Notes

William H. Jackson v. U.S. District Court, Baltimore, Md. 1956
Box: 14

Records

Albert Jefferson Lawson, Bankruptcy No. 575
  • Box 14
    Records 1956-1957
  • Box 14
    Records and Briefs 1956-1957
  • Box 14
    Correspondence 1956-1957
Dockets for the Fouth Circuit Cout of Appeals 1948-1956
Boxes: 14-15
Condemnation Rule 1947-1948
Boxes: 14-15
Order Amending a Rule, Fourth Circuit Court of Appeals 1953
Box: 14-15
U.S. Supreme Court Advisory Committee on Rules of Civil Procedure. Tentative Draft III 1936
Boxes: 14-15
1 three-ring notebook
U.S. Supreme Court Advisory Committee on Rules of Civil Procedure. Tentative Draft II 1936
Boxes: 14-15
1 three-ring notebook
U.S. Supreme Court Advisory Committee of Rules of Civil Procedure-Report 1937
Boxes: 14-15
1 three-ring notebook
Judicial Conference of the U.S. Committee on the Operation of the Jury System. The Jury System of the Federal Courts. 1960
Boxes: 14-15
1 three-ring notebook

Preliminary Draft