December 1995

As I begin the month is November, but by the time I finish it will be well into December, so it is and will be the “December Jottings”. The month of November is still creating things to be recorded in December. I am not talking about Christmas shopping. The “thing” referred to is a trip to Disney World in Orlando, Fla. The twin’s team won the Middle Atlantic Pop Warner 105 lb. Title, so they are off to Disney World for the National Championships. We, June and I, and the other Grand parents, Betty and Jerry, are going to see that they do it right and hope they win it all. We leave on Dec. 3rd and return on the 11th.

The game in which they won the Middle Atlantic Title was played in Lock Haven, Pa. It was against a team from Franklin, N.J. Lock Haven is a town in the western part of Pa., near Williamsport, home of the Little League World Series, and where the boys stayed. It is also near Lewisburg, Pa, home of the Federal Prison. Noticing the signs for Lewisburg, as we drove through the area, reminded me of my last visit (and only one) to the Prison. It was in the early 1960’s. I was appointed by the Third Circuit Federal Appeals Court to represent a gentleman (?) convicted of car theft. It was not simple car theft; he had been a participator in a car theft ring. In those ancient times the work to be done for the client was to be pro bono, i.e., for the good of the profession, or in plain English, no fee could be charged. I made the four-hour trip to the prison to see my client. I interviewed him and learned that his conviction was for one count of some forty placed against him. His conviction had been the result of a plea bargain. Counsel had represented him. He accepted the conviction on one count and the other thirty-nine were dismissed. I could find no basis for an appeal. I made the four-hour trip back to Philadelphia and prepared to advise the court of my finding in the form of a motion to withdraw from the matter.

In those days, (before the memory of man) you were required to be specifically admitted to each court. It meant paying a fee and producing evidence of your being licensed by the Supreme Court of Penna. I had as a matter of fact been admitted to the Federal District Court, and all the other courts of the Pennsylvania Common Pleas system. Upon arriving at the clerk’s office I learned, and was so advised, that I wasn’t a member of this, the Third Circuit. The simple explanation that this court had appointed me, so how could I not be a member did not suffice. Your see there was the matter of the “fee” which apparently the Court overlooked. The Clerk, Ida Creskoff, was called upon to decide this issue. She found in favor of my paying a fee. I thought it was ridiculous. At that moment in walked Bernie Crumlish, an assistant U.S. Attorney whom I knew. His dad was a Common Pleas Court Judge, and later a Commonwealth Appeals court member. He listened to lament and suggested he move for my admission Nunc pro tunc, in hac vice. In simple English, for me to be admitted on this one occasion for this one matter. I agreed and off we went to the Appeals court, it was a three-panel court, one of the judges was Hastings, I cannot remember the other two. After Bernard made his motion, the court questioned me as to “Why I did not want to be a member of their court fully rather than just for this matter?” I explained all of the above, how I got there, how I interviewed the client, how I now felt I should withdraw, how I had already expended sums on a lost cause and saw no reason to expend more, etc., etc. The Chief Judge responded by stating it seemed like asking for the fee was adding “insult to the injury”. They admitted me. They then asked what I had expended on my trip to the prison. I forget what I told them, but they then agreed to see that I got reimbursed from the “Library Fund”. There was no fund to pay appointed lawyers in those days .I thanked the court, took the money, withdrew from the case, thanked Bernie, and have never been back! The latter is a result of my practice not a matter of intent. Thus ended the story of “my visit to Lewisburg”.

It is now Monday night Dec. 11, and we have just arrived home. We left on Sunday the 3rd and arrived in Orlando, or really in Disney World on Monday around 3PM. The nine days are a bit of blur right now. The highlight was the twins winning their first game by overcoming a deficit at the half of 20-12 with a score of 31-20. They lost the Super bowl 6-0 in the final 3 minutes of the game. In between the games, Wednesday and Saturday, the grandparents, McSorley and Hopkins, and the Bergers had a great time visiting all the worlds of Disney…the MGM studios, the Magic Kingdom, and Epcot Center. We also had marvelous weather, in the 70’s to 80’s most of the time. We wore shorts and went swimming while listening to Christmas carols. It did seem a bit bizarre but was a great time for all. We had car trouble today coming home. We spent 5 hours in Belle Haven, Va. (next door to Alexandria) getting a new alternator and battery that decided to die at 11 AM this morning. We were making such good time we thought we would be home by 3 PM. The delay made it closer to 7:30.We agreed to tell every one we just decided to have a five hour lunch at about $500. It sounded so much better than “car broke down and had to wait for the repairs”, no?

Disney World is difficult to succinctly categorize. For those of you who have been there it doesn’t need a category. But I’m sure some wonder what this grandfather lawyer could find of interest in what appears to be an “amusement” park. In fact the commercial message givers, ad-men, apparently think its a question to be answered in that they have a commercial in which the Dad appears initially to be unwilling to go to “Disney”. At the end of the commercial it shows him having a great time flying down and around a curve on a roller coaster. I can assure you I did no such thing but I am now a booster for the world of Disney for a Resort of Resorts. It some how manages to entertain the Grandfather lawyer right down to the 5 and 6 year olds. To comprehend this conversion you must as I did, rid yourself of the concept that the World of Disney is an amusement park. It is that and much, much more. It is a world unto itself.

Here is what I thought and noted on Friday morning, Dec 18,1995, as I sat in the lounge-lobby of the Dixie Landing Resort Hotel: The week is coming to a close with clouds greeting the morning. The impressions of Disney World gained from the previous visits are reinforced. Clean, everything is in order and neatly organized; Friendly, all the help at all levels even sometimes to the point of ad nausea – smiling and wishing you a “good day!!” “good stay!”, “good night!!” here in the World of Disney.

I am going to leave my ruminations of Disneyworld and the trip to another time. I am running out of 1995 and Christmas is only 7 days away.

It is very easy to think of all of you who receive these scribblings at this time of the year! I wish you all a great big “Thank You” for letting me be your guest each month with these notes.

I want to wish all a very Merry Christmas and Happy New Year. If I don’t stop now you will not have my greetings until ‘95 is done!

A Thought: “Live among men as if God beheld you; speak to God as if men were listening” (Seneca)