Inventory of the Papers of Armistead Mason Dobie1902 (1939-1956) 1963 MSS 78-2 MSS.78.2
Dobie, Armistead Mason, Papers, 1902 (1939-1956) 1963
collectionnumber MSS 78-2
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Arthur J. Morris Law Library Special Collections
Arthur J. Morris Law Library580 Massie Road
University of Virginia
Charlottesville, Virginia 22903
archives@law.virginia.edu
URL: http://archives.law.virginia.edu/
Web version of the finding aid funded in part by a grant from the National Endowment for the Humanities.
Marsha Trimble
Administrative Information
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Preferred Citation
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 of the Order of Academic 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's drive for the Centennial Endowment Fund. The following year, Dobie went to Harvard Law School and began work on an S.J. D. In the summer of 1922, Dobie studied at Columbia's Graduate School of Jurisprudence, returning to Charlottesville in time to begin the fall term.
At the time Dobie joined the faculty, the law school program increased from a 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 the 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 also 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 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; he dissented from his colleagues on six occasions, 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 reach on these cases reflected his firm belief that African Americans 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 poor 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, dying at 81 on 8 August 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 Edward for 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, and are followed by a box containing the dockets for the Fourth Circuit from 1948 to 1956.
Box fifteen also 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.
Subjects and Indexing Terms
- Byrd, Harry F. (Harry Flood), 1887-1966
- Circuit courts -- United States
- Dobie, Armistead Mason, 1881-1962
- Glass, Carter, 1858-1946
- Judges -- Selection and appointment -- United States
- Law -- Study and teaching
- Parker, John J., 1885-1958
- Roosevelt, Franklin D., 1882-1945
- School integration -- Massive resistance movement
- School integration -- Virginia
- Soper, Morris A., 1873-1963
- United States. Court of Appeals (4th Circuit)
- United States. Supreme Court. Advisory Committee on Rules of Civil Procedure
Significant Persons Associated With the Collection
- Byrd, Harry F. (Harry Flood), 1887-1966
- Dobie, Armistead Mason, 1881-1962
- Glass, Carter, 1858-1946
- Parker, John J., 1885-1958
- Roosevelt, Franklin D., 1882-1945
- Soper, Morris A., 1873-1963
Container List
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
- Mixed Materials [35007007839297] box: 4
Notes for Alumni Talk, Colonnade Club Dinner1910-06
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Talk Before Richmond Alumnin.d. [ca. 1910]
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Base Ball Dinner (sic.)1912-05-09
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Albemarle Alumni Banquet1912-06-01
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Speech of Presentation of a Memorial Tablet on Behalf of Auxiliary of the Richmond Blues, Richmond – Armistice Sunday1920-11-14
- Mixed Materials [35007007839297] box: 4
"The Meaning of College Life" Alumni Address, Norfolk, Virginia1920-12-29
- Mixed Materials [35007007839297] box: 4
Armistice Day Address- University of Virginia1925-11-11
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Speech Richmond Alumni Banquet1926-02-11
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Alumni Speech – Louisville1928-05-18
- Mixed Materials [35007007839297] box: 4
"The Conflict of State and Federal Judicial Power, Lecture delivered before the Association of the Bar of the City of New York1941-02-26
- Mixed Materials [35007007839297] box: 4
Alumni Bulletin of the University of Virginia, Vol. 5, No.1943-03-02
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N. Y. Alumni Speech1943-04-09
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American Legion Oratorical Contest- State Finals, Speech delivered at Maury Hall, University of Virginia1945-03-31
- Mixed Materials [35007007839297] box: 4
University of Virginia [Illeg.] Fund Speech1948-01-28
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N. Y. Alumni Talk1948-10-29
- Mixed Materials [35007007839297] box: 4
Norfolk Alumni1949-03-18
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Speech before the New York Alumni1953-12-10
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Alumni Address "Balto"n.d.
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Talk Before Richmond Alumnin.d.
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Memorandum for Alumni Address [typewritten]n.d.
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[List of points to address]n.d.
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"Region #40"n.d.
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American Sales Act [Notes]n.d.
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Appellate Miscarr[illeg.]n.d.
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Banquet Speeches: Notes1916
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Barbers Club, Richmond1920-10
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Richmond Barbers1924-05-01
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Barbers Speech1924-05-01
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Athletic Banquet1940-05-21
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Introduction of Dr. Paul B. Barringer, Victor Record – Music Hall- University of Virginia1939-01-25
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Tribute for George Gordon Battle1949
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Tribute to John Stewart Battle1952
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Bibliography cards, n. d.
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"Bishops' Song", handwritten and typewritten copyn.d.
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"The University as a Cradle of Idealism" Leesburg High School and Augusta Military Academy1910-05 1910-06
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"Confederate Spirit', 1916;1924-07
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Norfolk [Illeg.] Club Notes1924-07
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Address of Acceptance by Armistead M. Dobie, Clark Hall, Alumni News1932-10
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The Conflict of State and Federal Judicial Power, Lecture delivered before the Bar Association of New York City1941-02-26
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Creative Unrest [Talk]n.d.
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Crime Wave [Notes]n.d.
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The Call of the Docket [Talk]n.d.]
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Community Chest Speeches: Red Cross Talk, Charlottesville1932-11-04
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[Illeg.] Committee on Relief1933-11-17
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Radio Speech WHCV Charlottesville1936-01-30
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Community Music league Dinner, Farmington Country Club1938-10-03
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Red Cross Blood Bank, Paramount Theatre1943-06-02
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Bond Rally – Third Victory Loan, Charlottesville1943-09-12
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Charlottesville and Albemarle Community Chest Brochures
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US Bond Rally, Lane High School, Charlottesville, Va.1950-05-25
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Radio talk to Charlottesville – Albemarle Community Chest1950-10-29
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"Community Chests Architects and Builders of Better Communities", A red Feather Message from Henry Ford II, Chairman, Community Chests of American.d.
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Speech, Charlottesville Band Dinner1956-02-14
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Speeches, Articles, etc. "D": Talk in Democratic Convention at San Francisco, Summer School Assembly1920-07-19
- VHS_(Videocassettes) [35007007839297] box: 4
"Accepting the Gift of the Class of 1941 and his own portrait)n.d.
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"The Way Back to the Law", A report to Fund Workers on the first Short Course in Development Fund Affairs conducted by the University of Virginia1947-11-21 1947-11-22
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Duck Brains, notesn.d.
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"The Lengthened Shadow of One Man, University of Virginia Development Fund Statementn.d.
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Education Idealism, Dedication of Norfolk High School, and Big Stone Gap High School1911-03-31 1911-05-22
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Education Idealism, Frederick High School1911-06-02
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Miscellaneous Notesn.d. 1913
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Education and Unrest1919-12-07
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Endymion, Outline of Speech based on Stephen Phillips poemn.d.
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"Law School Dean Goes to the Bench, Armistead Mason Dobie, Virginia's Famed Pig Dinner Toastmaster, Appointed to Federal Judgeship," The Phi Gamma Deltac. 1939
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Remembrance of George Boardman Eager1942
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Football Games – Notes for "Mass Meetings" (pre- football games speeches), Virginia Military Institute and Washington and Lee University1922
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"Federal Constitutional Limitation on the Taxing Power of the States" handwritten notesn.d.
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"Fictional Points of Contracts between State and Federal Courts," speech delivered before the Louisiana State Bar Association, Baton Rouge1931-05-16
- Mixed Materials [35007007839297] box: 4
"Welcome to the Future Farmers of America," University of Virginia1933-06-14
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"Federal Crimes," before the Hamilton Street Club, Baltimore1940-04-26
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"Frictional Points of Conflict between State and Federal Courts," Virginia Law Review, vol. XIX, No. 5, Commercial Law Journal1933-05
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Graduation Speeches. Earlysville High School1911-05-14
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University of Virginia Nurses Graduation Speech, Blue Ridge Sanitarium Training School, Charlottesville1934-05-08
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"The Teacher of Law," William and Mary Law School Graduation Speech1933
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"Carter Glass,"1940-04
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Graduation Address School of Military Government, University of Virginia, Cabell Hall1944-04-22
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"Garrard Glenn 1878-1949," University of Virginia Alumni News[1949?]
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"The Early Hebrew Codes and Modern Jurisprudence," Madison hall1911-10-10-1911-10-11
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"Hauptmann & Andermann," UVA Peabody Hall1916
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Speech to High School Students, Norfolk, Va.1926-04-16
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Banquet to Sir Ernie Howard [Notes]1926-04-16
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Harvard Law Review notesn.d.
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"Honor System" handwritten notes; "Supreme Court Delores"n.d.
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"The Happy Faculty" [UVA faculty]n.d.
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The Unreality of Realism,"1936
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"Hills of Hope," Staunton Military Academy1941-06
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"Introduction of Greer Garson, Farmington1942-09-07
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Harvard Law Review, Vol. 6, No. 1,: "Presumably Prepared by Students"1935
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Harvard Law Review, Vol. VI, No. 11935-04-22
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Talk to Insurance Counsel1921-05-05
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Speech to Atlantic [Illeg.] Co., Richmond1926-01-17
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Speech to Norfolk and Portsmouth Life [illeg.], Norfolk1931-06-26
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Questions Submitted to Canada Dry for "Information Please" Program by Judge Armistead Dobie, Charlottesville, Va.1940-02-27
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Handwritten notes for a speechn.d.
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"James Boys in Missouri, script for Drama Clubn.d.
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Judges as Arbiters notes; newspaper clippingsn.d.
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The Lawyer and Law Notes, Vol. 4, No. 31950-1951
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Pollit, Basil H. : The ideal Judge Herein of Justice, Florida Law Journal1950
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Book Review1951
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Notes for ALI Speechn.d.
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Summary of Talk before the Texas Bar Association, Houston, Texas1943-07-02
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A Judge Judges Judges, Commercial Law Journal and Washington University Law Quaterly, Vol. 1951, No. 41951-1952-02
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Notes for "Judicial Opinions," Washington, D. C.1952
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Progra,, The Chesapeake and Ohio Railway Company Conference of Counsel1953
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Repouille v. United States 165 Fed (2d 152(CCA 2,. 1947)
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Letter from Prof. Hardy C. Dillard to Judge Dobie, asking to talk to the Legal Philosophy Class1952-11-18
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Handwritten notesn.d.
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Jefferson's Birthday in Paris. The Centennial Celebration of the Overseas Alumni1919-04-12-1919-04-13
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"Charge to the Knights", tywritten copy.n.d.
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newspaper clippings.n.d.
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John C. Knox: A judge looks at his job. The rewards and burdens of the bench, American Bar Association Journal, Vol. 361950-10
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"Law and Morals" notes and newspaper clippings of lecture given in Madison Hall1916-11-08
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"Loyalty to the Past" notes1920-10-08
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"Sermonette ", notesn.d.
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"The Law and the Profets,"n.d.
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"Law" notes.n.d.
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"The University of Virginia Law School," typewritten copy of talkc.1932
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"Portrait of Dr. Lambeth is presented to the University, Judge Dobie Speaks on Behalf of the Donors," University of Virginia Alumni Newsn.d.
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Notes on "Law and Language,"n.d.
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book reviewsn.d.
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Handwritten notesn.d.
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Speech Accepting the Statue of James Rogers McConnell on behalf of the University of Virginia1919
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Speech on the Location of the University of Virginia Medical School before the Richmond Rotary Club1921-06-21
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Notes on Monticello Celebration1924-04-13
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Address of Welcome, Virginia Federation of Music Club1924-05-15
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Memorial Speech on Raleigh Colston Minor1923
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Abstract of Speech delivered to the Trinity Church Club, Staunton1933-05-12
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National Morale, speech delivered to the Staunton Chamber of Commerce and poster from the Office Civilian Defense, Commonwealth of Virginia, Richmond1943-01-28
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Letter from Claude Joiner, Jr.1950-06-20
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Letter from Horace L. Walker1954-02-02
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Presentation of Armistead M. Dobie to the Georgia Bar Associationc.1950
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Notes for speech for Norfolk Alumni1923-12-23
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Speech given on the retirement ceremony of UVA President John Lloyd Newcomb1947
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Memorial speech for Judge Elliott Northcott1946
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Phi Delta Phi Summons1909,1910,1912
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Notes for talk before Phi Delta Phi1912-02-05
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Phi Gamma Delta Fourth Annual Pig Dinner of Omicron Chapter Programc. 1912
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Notes for some fraternity1919-02-05
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Welcome to General Pershing, Dinner at Fort Monroe, Va.1920-02-21
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Radio Review- General Pershing's "My Experience in the World War,", broadcasted by WRVA in Richmond1931-04-28
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Use of Pre-Trial Practice in Rural Districts, paper presented at the 10th Judicial Conference of the Fourth Federal Court District, Asheville, North Carolina1940-06-22
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Raven Talk1911-02-09
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Rouss Banquet Notes, Winchester1913-02-11
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Notes for speech given to the Law Class of 1902, Farmington1932-01-13
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Notes for Raven Society talk1944-09-18
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Speech given to the court after President's Roosevelt death1945
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Notes of Esmont Sermonn.d.
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St. Louis Notes, book review
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"The Toast of TILKA DEAD, notesOctober 31, 1910, October 31, 1911, n.d.
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T. I. L. K. A. Fall Dedication Programs1910-11, 1911-12
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TILKA Banquet notes1916-10-25
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TILKA Toast Masteringn.d.
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"Tradition," lecturen.d.
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Notes for speech [notes written on cards of the Department of Law]1912-07-04
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"The Spirit of Virginia," notes, n. d. and before The Virginiansn.d. 1920-12-21
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Introduction to a Virginia Law Review issuen.d.
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Ise, John: "Values in a Crazy World. A Plea for More Culture, Vital Speeches of the Dayc. 1940
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Notes for speeches re World War In.d., 1916, 1919
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Winchester Arms Co. Convention, Richmond, notes1921-01-31
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Outline of Lecture on Wills before Class in Commercial Law1924-05-24
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Notes of speech delivered to Virginia Federation of Women Professionals and Business Club1933-05
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"In [Wertenbaker's] Day, poemn.d.
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Notes re George Wythen.d.
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Dobie's Who is Who biographical informationn.d.
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"Amending the Federal Rules of Civil Procedure, Lecture at Washington & Lee Universityn.d.
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Words upon the death of Richard Henry Wilsonn.d.
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Speech delivered on occasion of the Presentation of the Portrait of William H. White, Jr.1951-05-22
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"Recollections of a Young Lawyer,"1910-05
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"The Young Lawyer," Banquet of the Virginia Bar Association, Hot Springs1911-08-10
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"Spirit of Youth," Speech delivered in West Virginia1945-06-25
[2 folders]
[2 folders]
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Counties and Cities in Virginia Where High School Buildings and Facilities for Negroes Are Equal or Better Than high School Buildings and Facilities for Whites, 26 February 1952
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Index to Photographs of Moton High School, Farmville High School, and Worsham High School
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Index to Documentary Exhibits of Moton High School, Farmville High School, and Worsham High School
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Handwritten notes on court proceedings for Davis v. Prince Edward County School Board
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Exhibit for the State; Total Amount Spent for All Instruction in Regular Day Schools
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Exhibit for the State; Valuations of Certain Types of Teachings Equipment in the High Schools of Prince Edward County, Virginia
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Exhibit for the State; Value of School Plants After Completion of Specific Projects in 69 Counties and 22 Cities
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Exhibit for the Defendants; Statistical Data with testimony of Dr. Dabney S. Lancaster
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Exhibit for the State; Enrollment in Regular Day Schools
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Exhibit for the State; Teacher-Pupil Ratio Based on A.D.A. Classroom Teaching Positions
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Local Effort 1950-1951
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High School Buildings in Prince Edward County
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School Construction Program: Four-year program submitted to State Board of Education
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Description of Facilities for New Negro High School in Prince Edward County
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Comparison of High School Teachers, 1930-1931
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Table of Specific Projects for 69 Counties and 22 Cities, 22 February 1952
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Data Relative to Teachers Employed in Prince Edward County During the Session 1951-1952 (White
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Data Relative to Teachers Employed in Prince Edward County During the Session 1950-1951 (White)
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Salary supplements paid by Longwood College to certain teachers at Farmville High School for the teacher training program for session 1950-1951 and 1951-1952
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Enrollment, Pupil Teacher Ratio and Per Capita Costs of Instruction for Prince Edward County High Schools
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Program of Studies in Prince Edward County High School
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Instructional Load of the High Schools of Prince Edward County
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Valuations of School Property in Prince Edward County
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Salaries of High School Teachers in Prince Edward County, Virginia for the School Year 1951-1952
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Teaching Experience and Academic Degrees of High School Teachers in Prince Edward County
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Transportation Services in Prince Edward County, Virginia
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Plaintiff's Complaint in Dorothy E. Davis, et al. v. Prince Edward County School Board
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Motion to Intervene as a Defendant by the Commonwealth of Virginia and Attorney General Lindsay Almond
[2 folders]
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Order denying injunction and dismissing complaint (September 1951)
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Decision on Motion to Dismiss Application for Injunction, 09-14-1951
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Plaintiff's Complaint, undated, [signed by Oliver W. Hill, Martin A. Martin, and Soptswood W. Robinson, III], copy of "Code of Virginia 1950, Title 8, Article 8, Segregation of Races"
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Signed copy of Defendant's motion to dismiss with exhibits and notice of motion [Signed by J. Elliott Drinard, City Attorney of the City of Richmond, Walter E. Rodgers, American Building, Richmond Virginia, J. Lindsay Almond, Jr., Attorney General of Virginia and Henry T. Wickham, Assistant Attorney General of Virginia]; Department of Recreation and Parks Bureau of Recreation, Mosque Building Application to use the Mosque Auditorium, March 29, 1951
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Notice of Motion to Hill, Martin and Robinson, August 6, 1951
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Memorandum in support of defendant's motion to dismiss [Signed copy by J. Elliott Drinard, Walter E. Rodgers, J. Lindsay Almond, Jr., and Henry T. Wickham, Counsel for the Defendants]
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Plaintiff's motion for preliminary injunction
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Handwritten copy of the order denying injunction and dismissing complaint
[2 folders]
[2 folders]
[2 folders]
Records and Correspondence
[2 folders]
[2 folders]
[2 folders]
[2 folders]
2 3 ring notebooks
1 3 ring notebook
1 3 ring notebook
3 ring notebook