Cumberland School of Law

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Cumberland Law School is unrelated to the University of the Cumberlands in Williamsburg, Kentucky, and is no longer a part of Cumberland University in Lebanon, Tennessee.
Cumberland School of Law
Cumberland School of Law logo.png
EstablishedJuly 29, 1847 (1847-07-29)
School typePrivate
DeanHenry C. Strickland, III
LocationBirmingham, Alabama, U.S.
33°27′57″N 86°47′32″W / 33.46570°N 86.79214°W / 33.46570; -86.79214Coordinates: 33°27′57″N 86°47′32″W / 33.46570°N 86.79214°W / 33.46570; -86.79214
Enrollment434
Faculty45 professors, 43 adjunct / student to faculty ratio of 20:1 [1]
Bar pass rate74.5% (July 2017)
Websitesamford.edu/cumberlandlaw
ABA profile[2]
Rascal – Cumberland School of Law Mascot
Rascal – Cumberland School of Law Mascot

Cumberland School of Law is an ABA accredited law school at Samford University in Birmingham, Alabama, United States. Founded in 1847 at Cumberland University in Lebanon, Tennessee, it is the 11th oldest law school in the United States and has more than 11,000 graduates. Its alumni include two United States Supreme Court Justices;[2][3][4][5] Nobel Peace Prize recipient Cordell Hull, "the father of the United Nations";[6][7] over 50 U.S. representatives; and numerous senators, governors, and judges.

The school offers two degree programs: the 90-hour Juris Doctor (J.D.), and the Master of Comparative Law (M.C.L.), which is designed to educate foreign lawyers in the basic legal principles of the United States.[8] The school also offers eight dual-degree programs and a Master of Laws (LL.M) program with concentrations in financial service regulatory compliance, health law and policy, higher education law and compliance, and legal project management.

History[edit]

Cumberland University c.1858. Burned during the American Civil War.

This summary is based on From Maverick to Mainstream,[9] a review of Cumberland's history and the development of the American legal education system.[10]

Langum and Walthall summarize the history of Cumberland Law School as:

From its very local, Tennessee origins in 1847, Cumberland...emerged as a premier law school with a national status. It excelled in faculty, teaching methodology, and numbers of students. Following the American Civil War, Cumberland rebuilt itself and ultimately succeeded on a grand scale with its single-year curriculum.[11]

Early years and founding[edit]

Cumberland School of Law was founded on July 29, 1847 in Lebanon, Tennessee at Cumberland University. At the end of 1847, there were 15 law schools in the United States.

Prior to the law school's official founding, Cumberland University facilitated the study of law and admitted a diverse student body, evidenced by graduates such as George W. Harkins, a Choctaw chief, who received a law degree from Cumberland and became a judge in 1834.

George W. Harkins, a Choctaw chief and graduate of Cumberland University

Antebellum years[edit]

Prior to the founding of the United States' first law schools, the primary means for a legal education was apprenticeship. Establishing law schools was difficult in the early 19th century. Harvard was only able to reestablish its law school in 1829 and Yale in 1826. By 1859 Cumberland, Harvard, and the University of Virginia School of Law were the three largest law schools in the United States. A year later, 1860, only 21 university law schools existed in the country, and, in no school did the curriculum extend beyond two years.[12]

During the Antebellum years, Cumberland enjoyed success. Nathan Green, Jr., son of then professor Nathan Green, Sr., stated that Cumberland enjoyed "the highest degree of prosperity", with a beautiful 20-acre (81,000 m2) campus, picturesque trees and fences, and fine architecture.[13] Cumberland's first graduate Paine Page Prim ultimately became chief justice of the Oregon Supreme Court.[7]

Students were taught through reading treatises, approximately two hours worth of recitations each morning, and a mandatory moot court program. Caruthers considered the law a science and the Socratic Method a necessity.[7] The cost was $50 a session and a $5 "contingent fee".[14] After the Civil War, this treatise method, the legal formalism of the school's approach, and Nathan Green Jr.'s unwillingness to make changes, were all considered reasons for Cumberland's drift out of the mainstream.[15]

Civil war[edit]

At the start of the American Civil War, 13, 1861, the campus split within a week; some students joined the northern army; many joined the southern. Nathan Green Jr.'s father, a law professor, went home, but in fear of arrest, Abraham Caruthers fled to Marietta, Georgia, where he died a year later.[13]

During the war, professors John Carter and Nathan Green, Jr. fought as Confederate officers. Carter was killed, but Green survived. The campus did not. The trees were cut down and fences destroyed and burned. The Confederate Army burned the University buildings, apparently because a Confederate major was offended that Black Union soldiers had used them as barracks.[16]

Reconstruction[edit]

The law school began the slow process of rebuilding. In July 1866, Cumberland adopted the image of the phoenix, the mythological Egyptian bird that is reborn from its own ashes. The new motto was E Cineribus Resurgo or "I rise from the ashes."[17]

In September 1865 classes resumed with 11 students, which soon grew to 20. The 1865 class included a Confederate General and Union colonel, enemies only a few months earlier. Nathan Green, Jr. kept the school together until Henry Cooper, a circuit judge, Andrew B. Martin, and Robert L. Caruthers, brother of deceased founder Abraham Caruthers, joined the faculty. Robert Caruthers had previously served as the state attorney general and had been elected Governor of Tennessee during the war in 1863, but was never inaugurated.[18]

Cumberland School of Law – Corona Hall – Law School from 1873–1878

In 1873 Robert Caruthers purchased Corona Hall from the Corona Institute for Women for $10,000, which he immediately donated to the University for use by the law school.

The destruction of the campus and the devastation of war had impoverished the school, and it was almost 15 years before it saw students enter from outside the South, when a student from Illinois and a member of the Choctaw Nation enrolled at Cumberland. But there were few students from outside of the defeated Southern states, which Langum and Walthall claim underscored "how terribly the Civil War blighted Cumberland."[19]

Robert Caruthers persisted, despite the setbacks, and in 1878 Caruthers Hall was dedicated in his honor. This new school replaced Corona Hall, which had limitations. The new hall apparently had "excellent acoustics and hard seats" and is described as a:

splendid structure, built after the latest architectural style, is nearly one hundred feet from base to spire, and contains two recitation rooms for the Law Department, two Society Halls, a Library, and a chapel whose seating capacity is about seven hundred.[20]

National shift in legal education[edit]

Caruthers Hall, from the Phoenix in 1903

Despite the heroic efforts to keep the school alive, Cumberland was falling into the minority at the turn of the 20th century. It maintained a one-year curriculum when other schools moved toward longer terms, and it was entrenched with legal formalism, which had reached its peak in the 1870s and would soon be on the decline. In 1876, for instance, Harvard Law School began to encourage a three-year curriculum.[21] Through 1919, Cumberland did not adapt to the shift in legal education.[22]

Historian Lewis L. Laska observed that:

Cumberland, which had once marked the high point of professional education, had become a captive of its own success. Unwilling to adopt modern techniques such as the case method, or to expand and deepen its curriculum by opting for the three-year standard, Cumberland became the symbol of the democratic bar.[22]

In 1903 Nathan Green, Jr. became the first dean of the law school. For the prior 57 years the school did not have this position, which was becoming more and more popular among law schools.

Cumberland first admitted women in 1901,[7] and the library grew from 600 volumes in 1869 to 3000 in 1878.[23] Today, the Lucille Stewart Beeson Law Library contains 300,000 volumes and microform volume equivalents.[24]

In 1915 Cumberland refurbished its halls with an $8000 grant from the U.S. government as reparation for federal occupancy during the Civil War.[25]

When Cordell Hull graduated from Cumberland, he commented on the diploma privilege, which granted the right to practice law without taking a bar exam, saying that

according to custom, we members of the graduating class, the moment we received our diplomas, took them to the courthouse, where a district judge awaited us. He swore us in as members of the bar. I was not 20 years old.[26]

Cordell Hull is today honored at Cumberland with a Moot Court room bearing his name.

Cumberland eventually did adapt to the changing times, moving from Cumberland University in Lebanon, Tennessee, to Samford University in Birmingham, Alabama in 1961. It is one of a few law schools in the United States to have been sold from one university to another (others include the University of Puget Sound selling its law school to Seattle University and the Quinnipiac University School of Law, formerly part of the University of Bridgeport).

Planning[edit]

Memory Leake Robinson Hall in 2006

In December 2005 Cumberland adopted a long-term plan for the school. One call of the plan is to gradually downsize the number of students in order to provide smaller classes and closer individual attention to students. In 1995 the entering class was 212 and by 2007 that number had been reduced to 159.

Today the law school is known for its emphasis on trial advocacy and is building a biotechnology emphasis through its Biotechnology Center.

Institution[edit]

Judge John L. Carroll, former dean of Cumberland, 2006 graduation ceremony

The law school emphasizes practical skills and integrity. The former dean, former federal judge John L. Carroll (class of '74) has stated that:

The prevailing philosophy is simple: Practical skill outweighs raw knowledge, and application transcends erudition. If the goal were to produce great law students, the tenets might be exactly the opposite. Our goal is to produce exceptional lawyers. That's why Cumberland’s curriculum emphasizes the core competencies of legal practice: research, writing and persuasion.

Curriculum[edit]

The first year required classes are: Civil Procedure, Contracts, Property, Torts, Criminal Law, and Evidence. Students are divided into one of three sections, where the students remain together in their respective classes for the entire first year. First-year students are also enrolled in smaller sections for Lawyering and Legal Reasoning, a class that focuses on honing the students' ability to think and write like a lawyer.

Cumberland School of Law's John L. Carroll Moot Court Room – Cordell Hull's Portrait at head of room

Second- and third-year courses allow students more choices and some degree of specialization. Cumberland offers a balance of traditional courses, such as Criminal Procedure, Family Law, and Basic Federal Income Tax, and practical courses, such as Basic and Advanced Trial Skills, Business Drafting, Real Estate Transactions, and Law Office Practice and Management.

Students must also take Professional Responsibility and the MPRE, an exam that is required to practice in addition to the bar exam.

Students are taught using the Socratic Method, typical of law school pedagogy.

Foreign programs[edit]

The Lucille Stewart Beeson Law Library[edit]

The library building is 42,500 square feet (3,950 m2) with 13 conference rooms, 474 study spaces, carrels equipped with electrical and data connections, and three computer labs.

The collection consists of approximately 300,000 volumes and microform volume equivalents. The library also offers electronic and audiovisual resources. There are seven full-time librarians, eight full-time support staff members, and four part-time support staff members.[27]

The Center for Biotechnology, Law, and Ethics[edit]

The Center for Biotechnology, Law and Ethics focus is on the research and study of the ethical and legal issues arising from the biotechnology industry, which is important to the City of Birmingham.[28] Each year the Center sponsors a major symposium which attracts nationally known experts.

The 2007 Symposium, entitled "The United States Health-Care System: Access, Equity and Efficiency", focused on the issues of health care delivery in the United States, particularly to the poor, the problems that exist and potential solutions to those problems. The symposium brought together experts from the University of Minnesota, the Saint Louis University School of Law and Texas A & M University and Cumberland.

The keynote address, which was also the Thurgood Marshall Lecture, was presented by United States Congressman Artur Davis, a leader on issues relating to the delivery of health care services.[29]

Other research centers include the Center for Law & Church,[28] and the Alabama Center for Law and Civic Education [28]

Admissions statistics[edit]

Bird's-eye view of the campus

The Fall 2018 entering class consisted of 150 students with an average LSAT of 151 and average GPA of 3.23. The top 75th percentile of the class has an LSAT of 154 and 3.61 GPA. The median age is 24, and the group is 51% male and 49% female. The minority percentage is 17.4%, with 9.3% of those students identifying as African American.

Employment[edit]

According to Samford's official 2013 ABA-required disclosures, 57.8% of the Class of 2013 obtained full-time, long-term, JD-required employment nine months after graduation.[30] Samford's Law School Transparency under-employment score is 30.5%, indicating the percentage of the Class of 2013 unemployed, pursuing an additional degree, or working in a non-professional, short-term, or part-time job nine months after graduation.[31]

Costs[edit]

The total cost of attendance (indicating the cost of tuition, fees, and living expenses) at Samford for the 2013–2014 academic year is $56,492.[32] The Law School Transparency estimated debt-financed cost of attendance for three years is $214,268.[33]

Organizations[edit]

Publications[edit]

Justice Tempered by Mercy – Statue located in the Courtyard of the Law School
  1. The Cumberland Law Review,[34] whose members are selected by write-in from the top 15% of the freshman class.
  2. The American Journal of Trial Advocacy,[35] whose members are selected by write-in from the top 33% of the freshman class.

Selected student organizations[edit]

In 2007, student teams from Cumberland won both the Criminal Justice Trial Competition held in Hamden, Connecticut and the Lone Star Classic Mock Trial Competition in San Antonio, Texas.

In 2008, Cumberland placed first out of 256 other teams in the American Association for Justice National Student Trial Advocacy Competition and in 2009 placed second, losing by one point.[42][43][44][45] The same year, Cumberland made the finals of the ABA National Appellate Advocacy competition. It was one of four from 30 teams in its region that went to the national finals in Chicago. Cumberland won third best brief in the region.

In 2009, a Cumberland team won the regional round of the National Trial Competition in Tallahassee, Florida, advancing to the national championship round in San Antonio. Cumberland was the only school in the competition to have both of its teams advance to the semi-final round. Cumberland also won the American Association for Justice Mock Trial Competition regional championship advancing to the national championship round in West Palm Beach, FL.[45]

Student life[edit]

Cumberland offers numerous extracurricular activities.

Housing for law students is not available on campus, but students typically rent apartments or buy houses in the surrounding community.

Rankings[edit]

In 2005, 2006 and 2007 the Princeton Review included Cumberland in its "Best 170 Law Schools", ranking it in two top-10 lists for three years in a row.[citation needed] In 2009, US News ranked Cumberland's Trial Advocacy Program ninth in the nation.[46] In 2007 Cumberland ranked sixth for faculty performance and accessibility and seventh for overall quality of life.[47][42][43][44][45][48]

Deans[edit]

Dean Tenure
1 Nathan Green, Jr. 1903
2 Andrew Martin
3 Edward E. Beard
4 William R. Chambers acting dean
5 Albert Williams acting dean 1933–1935
6 Albert B. Neil acting dean
7 Samuel Gilreath acting dean 1947–1948
8 Arthur A. Weeks 1947–1952
9 Donald E. Corley acting dean 1972–1973, dean 1974–1984
10 Brad Bishop acting dean 1984–1985
11 Parham H. Williams 1985–1996
12 Barry A. Currier 1996–2000
13 Michael D. Floyd acting dean 2000–01
14 John L. Carroll 2001–2013
15 Henry C. Strickland III 2013–present

Notable alumni[edit]

Brady E. Mendheim Jr., Supreme Court of Alabama Associate Justice.[citation needed]

Government[edit]

United States Government[edit]

Executive branch[edit]

Cabinet members and cabinet-level officers[edit]

Judicial branch[edit]

Supreme Court[edit]
Court of Appeals[edit]
U.S. District Court[edit]
Other federal courts[edit]

Legislative branch[edit]

Senators[edit]
U.S. Representatives[edit]
  1. Thomas G. Abernethy (D)- U.S. Representative from Mississippi (1943–1973)[49]
  2. Robert Aderholt (R)- U.S. Representative from Alabama (1997– )[50]
  3. Clifford Allen (D) – U.S. Representative from Tennessee[51]
  4. Richard Merrill Atkinson (D) – U.S. Representative from Tennessee[52]
  5. Maecenas Eason Benton (D) – U.S. Representative from Missouri. Father of famed artist Thomas Hart Benton[53]
  6. Joseph Edgar Brown (R) – U.S. Representative from Tennessee[54]
  7. Foster V. Brown (R) – U.S. Representative from Tennessee, father of Joseph Edgar Brown[55]
  8. Omar Burleson (D) – U.S. Representative from Texas[56]
  9. Robert R. Butler (R) – U.S. Representative from Oregon[57]
  10. Adam M. Byrd (D) – U.S. Representative from Mississippi[58]
  11. William Parker Caldwell (D) – U.S. Representative from Tennessee, Tennessee State Senator[59]
  12. Samuel Caruthers (W) – U.S. Representative from Missouri[60]
  13. Frank Chelf (D) – U.S. Representative from Kentucky[61]
  14. Judson C. Clements (D) – U.S. Representative from Georgia[62]
  15. Wynne F. Clouse (R) – U.S. Representative from Tennessee[63]
  16. William B. Craig (D) – U.S. Representative from Alabama[64]
  17. Jere Cooper (D) – U.S. Representative from Tennessee[65]
  18. John Duncan, Sr. (R) – 12 term U.S. Representative from Tennessee[66]
  19. Harold Earthman (D) – U.S. Representative from Tennessee[67]
  20. Benjamin A. Enloe (D) – U.S. Representative from Tennessee[68]
  21. Joe L. Evins (D) – U.S. Representative from Tennessee[69]
  22. Lewis P. Featherstone (D) – U.S. Representative from Arkansas[70]
  23. Aaron L. Ford (D) – U.S. Representative from Mississippi[71]
  24. William Voris Gregory (D) – U.S. Representative from Kentucky[72]
  25. Edward Isaac Golladay (D) – U.S. Representative from Tennessee[73]
  26. Isaac Goodnight (D) – U.S. Representative from Kentucky[74]
  27. Oren Harris (D) – U.S. Representative from Arkansas[75]
  28. Robert H. Hatton (O) – U.S. Congressman, Confederate brigadier general, Opposition party member, killed during the Battle of Fair Oaks[76]
  29. Goldsmith W. Hewitt (D) – U.S. Representative from Alabama[77]
  30. Wilson S. Hill (D) – U.S. Representative from Missouri[78]
  31. George Huddleston (D) – U.S. Representative from Alabama and father of George Huddleston, Jr.[79]
  32. Howell Edmunds Jackson (D) – also a United States Supreme Court Justice, brother of General William Hicks Jackson[80]
  33. Evan Jenkins (R) – U.S. Representative from West Virginia[81]
  34. Abraham Kazen (D) – U.S. Representative from Texas[82]
  35. Wade H. Kitchens (D) – U.S. Representative from Arkansas[83]
  36. John Kyle (D) – U.S. Representative from Mississippi[84]
  37. John Ridley Mitchell – U.S. Representative from Tennessee[85]
  38. Tom J. Murray (D) – U.S. Representative from Tennessee[citation needed]
  39. Wright Patman (D) – U.S. Representative from Texas[86]
  40. Herron C. Pearson (D) – U.S. Representative from Tennessee[87]
  41. Andrew Price (D) – U.S. Representative from Louisiana[88]
  42. Haywood Yancey Riddle (D) – U.S. Representative from Tennessee[89]
  43. Martha Roby (R) – U.S. Representative from Alabama[90]
  44. Dennis A. Ross (R) – U.S. Representative from Florida[91]
  45. Thetus W. Sims (D) – U.S. Representative from Tennessee[92]
  46. James Edward Ruffin (D) – U.S. Representative from Missouri[93]
  47. Thomas U. Sisson (D) – U.S. Representative from Mississippi[94]
  48. John H. Smithwick (D) – U.S. Representative from Florida[95]
  49. Charles Swindall (R) – U.S. Representative from Oklahoma[96]
  50. John May Taylor (D) – U.S. Representative from Tennessee[97]
  51. Anthony F. Tauriello (D) – U.S. Representative for New York[98]
  52. J. Will Taylor (R) – U.S. Representative from Tennessee[99]
  53. Zachary Taylor (D) – U.S. Representative from Tennessee[citation needed]
  54. Richard Warner (D) – U.S. Representative from Tennessee[100]

Military[edit]

Miscellaneous United States government[edit]

State Government[edit]

Governors[edit]
State Attorneys General[edit]
  • Charles Graddick (R)- Former Attorney General of Alabama, candidate for Governor during the famous 1986 race
  • Crawford Martin (D) – Texas State Senator, Texas Secretary of State, Attorney General of Texas, and mayor of Hillsboro, Texas
  • Joseph Turner Patterson (D) - Former Attorney General of Mississippi
State judges, politicians and others[edit]

City and county government[edit]

Non-U.S. government[edit]

Arts and letters[edit]

References[edit]

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  3. ^ "CA6.uscourts.gov". Archived from the original on May 13, 2009. Retrieved May 21, 2009.
  4. ^ Ed Young, "Horace H. Lurton," Tennessee Encyclopedia of History and Culture.
  5. ^ Harvey Hudspeth, "Howell Edmunds Jackson," Tennessee Encyclopedia of History and Culture.
  6. ^ "Cordellhull.org". Archived from the original on January 6, 2009. Retrieved May 21, 2009.
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  10. ^ David J. Langum & Howard P. Walthall: From Maverick to Mainstream: Cumberland School of Law, 1847–1997, back cover (University of Georgia Press 1997). (Langum & Walthall)
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  12. ^ Langum & Walthall, 3–5
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  15. ^ Langum & Walthall, p59.
  16. ^ Langum & Walthall, p.49-51
  17. ^ Langum & Walthall, p.50-51
  18. ^ Langum & Walthall, p.51-52
  19. ^ Langum & Walthall, p.56
  20. ^ Langum & Walthall, P.56-57
  21. ^ Langum & Walthall, p.59
  22. ^ a b Langum & Walthall, p.97
  23. ^ Langum & Walthall, p.62
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  36. ^ Cordell Hull Speakers Forum Samford.edu[permanent dead link]
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  40. ^ Trial Advocacy Board Samford.edu[permanent dead link]
  41. ^ Women in the Law Samford.edu[permanent dead link]
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  46. ^ Rankingsandreviews.com
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  63. ^ "Wynne F. Clouse". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  64. ^ "William B. Craig". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  65. ^ "Jere Cooper". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  66. ^ "John Duncan, Sr". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  67. ^ "Harold Earthman". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
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  70. ^ "Lewis P. Featherstone". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  71. ^ "Aaron L. Ford". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  72. ^ "William Voris Gregory". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  73. ^ "Edward Isaac Golladay". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  74. ^ "Isaac Goodnight". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  75. ^ "Oren Harris". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
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  78. ^ "Wilson S. Hill". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
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  80. ^ "Howell Edmunds Jackson". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  81. ^ [1]
  82. ^ "Abraham Kazen". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  83. ^ "Wade H. Kitchens". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  84. ^ "John Kyle". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  85. ^ "John Ridley Mitchell". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  86. ^ "Wright Patman". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  87. ^ "Herron C. Pearson". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  88. ^ "Andrew Price". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  89. ^ "Haywood Yancey Riddle". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  90. ^ "Martha Roby". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  91. ^ "Dennis A. Ross". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  92. ^ "Thetus W. Sims". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  93. ^ "James Edward Ruffin". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  94. ^ "Thomas U. Sisson". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  95. ^ "John H. Smithwick". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  96. ^ "Charles Swindall". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  97. ^ "John May Taylor". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
  98. ^ "Anthony F. Tauriello". Biographical Directory of the United States Congress. Retrieved December 7, 2012.
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