New Mexico At the next Ohio bar exam- | vise clients with accuracy and ination, held in Columbus the to prepare briefs on trial and hrst Tuesday and Wednesday appeal, thus performing to the in December, which will be full his duty to the courts of the 7th and 8th of that month, which he is an officer and to all applicants will be required the general public which he to demonstrate their ability in serves. legal research or the use of law books by preparing briefs on a special question to be submitted to them by the bar examiners. The details of giving this examination to the large number of applicants in Ohio, the relative weight to be accorded answers to the research question, and the exact amount of time to be devoted thereto, have not at his writing been determined by the Supreme Court and the Board of Bar Examiners. When these matters have been considered and determined an announcement will be made in this Journal. The great state of Ohio, which has always been a pioneer in educational matters, thus takes the lead among the larger states of the country in introducing the research test as supplemental to and as an improvement and betterment of existing bar examinations. Adoption by Ohio of this test, which requires that each bar applicant demonstrate his ability to use law books and verify his independent conclusion as to the law controlling a state of facts, marks a considerable advance in raising the standards for admission to the bar, and cannot fail to be beneficial in its effect upon bar examination was given in test. The first research bar examination in New Mexico was given in January. BROOKLYN, NEW YORK 24 pages CHARACTER INVESTIGATION IN OHIO OCTOBER 1, 1926 Whitman Heads American Bar Association Charles S. Whitman, former governor of New York, was elected President of the American Bar Association, July 16th, at its convention held in Denver. The election of the former New York governor was made unanimous after the name of George W. Wickersham, former attorney-general of the United States, was withdrawn. The name of Jefferson P. Chandler, Los Angeles attor ney, was not presented for consideration as had been expected. name Mr. Wickersham's was withdrawn following a sharp skirmish in the General Council, which reported out only the former New York governor's name. The withdrawal was based on his connection with the American Law Institute, a separate division of the Bar Association, of which no is president. Basing their argument on suming the double Presidency, Mr. Whitman's supporters prevailed upon Mr. Wickersham's friends to withdraw his name. Statement by Chief Justice Marshall of Ohio Supreme the objection to one man as- your letter of the 18th inst., in past two years I have made serve the courts, the bar itself, the preme Court for its prompt-character qualifications of the general public, and especially upon law students in a most practical way. A report of the method of giving this Ohio examination to several hundred applicants ness in disposing of its busi- dition of the court's docket. at once we hope to print in states. It is to be hoped that other arge states will follow the ead of Ohio in adopting this est, which is indeed necessary if the bar examination is to be a fully adequate test of each applicant's ability to ad L 1499 applicants and to report to NEWS OF THE inquiry into the qualifications tant than academic attain- of Law St. Louis, Mo. Because of ill health Dean Richard L. Goode has retired from the faculty. Professor "I have for some time had Tyrrell Williams is serving as been passed upon by the Potts, formerly of the Unia notion, which has not yet Acting Dean. Professor C. S. Court, that every student upon versity of Texas Law School, registration should have the is a fully examined and that any moral obliquity which might character qualifications care- facuity. develop or be discovered during the course of study new member of the St. John's College School would be grounds for strik- St. John's College announces THE LAW STUDENT A Journal published during the law school year by The American Law Book Company to give the news of the law student world; to build professional ambition; to promote, knowledge and observance of legal ethics; to develop skill in legal research; and to give experience in analyzing and dealing with bar questions. Editorial Offices: 272 Flatbush Extension, Brooklyn, N. Y. "The Law Student" is published at intervals of six weeks from October 1st to May 15th during the law school year. This is the first number for the school year 1926-1927. The next number will be published November 15th. Character Character is moral backbone, moral stamina, capacity for resistance to temptation. It is the ultimate result of right thinking and right living. And it is absolutely essential to the professional success of a lawyer. Regard the matter from the viewpoint of mere self-interest. No man vill intrust to a lawyer the defense of his dearest concerns, his property, liberties, and even life itself, unless he has the most complete and unbounded confidence in that lawyer's integrity and trustworthiness. Therefore it surely follows that to secure legitimate legal busi a lawyer must possess those moral and ethical attributes which taken together con stitute character. Editor $1.00 per year Free Free No. 1 and bar alike to preserve the These truths are apparent, and Hill's article, not only on ac- | and eminent judges and lawyers How can character, both in its general sense and the more special sense of the word as applied to a lawyer, be built and fortiRegard the matter from the fied? Sound moral and religious higher viewpoint of public sertraining in the home in early vice and the administration of life is practically essential, but justice. Every lawyer is an ofeven this training must be supficer of the courts, sworn to up- We are publishing in this issue plemented by self-discipline in hold the laws and to assist the an important statement from resistance of temptation. We courts in dealing evenhanded Chief Justice Marshall of the all know what is wrong, but justice between all men. This Supreme Court of Ohio having character involves not only the is the single great function of to do with this movement in knowledge of what is wrong, but the legal profession-to perpet- general and the procedure in the capacity firmly to avoid douate orderly government by in- Ohio in particular. We are also ing or thinking that which is suring that disputes between in- publishing another article from not right. The law student dividuals be brought to a speedy Mr. Charles S. Hill of the should scan his life as closely as hearing and reach a just de- Massachusetts Character Com- he scans his books, and in the termination. The orderly proc- mittee, supplementing those he formative years of his youth esses of social and industrial has previously written for us, should set his feet upon the life, the orderly functioning of and emphasizing the need of straight and narrow path. the state, the realization of the character and character develop- The law school itself can plav greatest good to the greatest ment in the law student. We number, in the last analysis de- call the attention of all our stupend upon the courts and the dent readers to Chief Justice bar. And the ability of courts Marshall's statement and to Mr. a large part in the business of Character is the most necessary and the greatest attribute of the lawyer who would be professionally, as well as financially, successful. Character furthermore is something that may be acquired by any one who truly desires to possess it. Not all law students, not all lawyers, are effective speakers. acute logicians or possessors of photographic memories, nor can these qualities of mind and intellect be developed at will, but character can be developed at will through persistent continuing effort. If the law student does develop it, when he comes to the bar he will succeed just as surely as day follows night. If he does not possess or develop it, he will most dismally fail. Clients will shun him, courts will look askance upon him, his brethren at the bar will avoid him. He may at the outset of his career make more money than his contemporaries who practice ethically, but he will be selling for a few dirty dollars. himself, his future, and the repute of his profession, and that justice between men which he has sworn to administer. We call these facts to your attention as a law student as a matter of personal interest and friendliness, and also as a matter of public duty. The rest is up to you. [Since this editorial was written, we learn with regret from Mr. Hill that engagement in important litigation has prevented completion for this issue of his article referred to above. It will appear in our November issue.] Research Bar We desire to point out once more to supreme court judges, bar examiners, members of law school faculties, and law students, the desirability of adding to the bar examination as now given a supplementary test in legal research or the use of law books. It is a matter of common knowledge among the profession that many men who leave law school theoretically equipped to practice are not practically equipped, which results in injury not only to these men themselves, but also to the public. BAR EXAMINATION STATISTICS 50 now law books to the curriculum | should as nearly as pos- 52 test. Nebr. June '26 19 0 5 69 as In all the sciences veri-ory and reasoning, and demonstrating, as the present examination does not, his ability to verify his con fication of one's conclusions is an essential step in each true. The widespread approval and indorsement of a research test supplementing the present bar examination, coming from eminent judges and lawyers through braska and New Mexico, analyzing questions and an- ises until he had gone to swering them from re- his library and ascertained sources of memory and the exact condition of the knowledge alone, to go to authorities on the question. The bar examination as the books which are the ul- And, of course, as the mat- out the entire country, connow usually given tests, timate repositories of the ter now stands, the bar ex- clusively demonstrates the first, the capacity of appli- law as administered in the amination does not test the merit of the plan and the cants to analyze a state of courts, there to check up applicant's ability to per- utility of its adoption. As facts presented by a hypo- and verify his tentative form this process of veriper-utility thetical question in order to conclusions on the given fication from the authori- other issues, research bar we have announced in determine just what spe- states of fact and thus to ties in order to put himself examinations supplementing cial facts are controlling perform to the full his duty in a position to advise his the regular therein, second, the capacity to his client and the courts client as surely and as have already been given in examination to remember the principle of which he is a sworn definitely as the authorities the states of Vermont, Neof law which governs such officer. themselves permit. facts, and, third, in the case of many questions, the No lawyer worthy of the Law school curricula are and will be given in the capacity to reason from a name would presume to ad- already overburdened on states of Ohio, Arizona, broad fundamental princi- vise his client offhand by account of the multiplicity Colorado, Montana (authorple of law to its application way of curbstone opinion of special subjects upon ized by Supreme Court, if the highly particular without consultation of the which the various bar ex- examiners approve), Utah facts of the given question. authorities as to his rights aminations touch. It would and Wyoming. Other states To this extent the ex- and liabilities in a given seem to be a most useful will undoubtedly adopt this amination tests capacities situation. In conference step, and one looking in the test in the near future. The which are called into play with his client he would direction of thorough train- effect cannot fail to be constantly in the practice of form in his own mind a ing, to add to the bar ex-beneficial as regards the law, but it does not go tentative opinion and might aminations a test in the use quality and training of quite far enough. It does state it to the client, but he of law books, and coinci- newly admitted lawyers. not further test the ability would advise and take no dentally to add a course in Any examination for adof each applicant, after definite action in the prem- legal research or the use of mission to a profession to clusions. Collateral Reading and The case method of studying law, originated and first used in teaching by Professor Langdell of Harvard Law School, marked a great advance in the application of scientific methods to the acquisition of legal knowledge. Under it, the student, instead of reading the statement of some author as to the law, is sent to the cases themselves which have determined the law, there to study the facts, to analyze them independently, to determine the holding and its exact bearing, and, finally, if necessary, to criticomes familiar with the earlicize it. In this way he beest and latest data of the law, traces doctrines through the centutions announcing or involving ries from the first adjudicathem, and in general is led to greater familiarity with the materials of law, which are facts and principles, and with sound methods of legal rea soning. the development of However, the case system, an ideal method of preparing wholly unsupplemented, is not nation, at least the type of a student to pass an examiexamination which the bar examiners now give. In addition to working with and from the cases it is highly desirable that the student make some effort to consolidate his knowledge, to bring it altogether subject by subject in some usable way, so that when he comes to the test of the bar examination he may be able to answer the questions placed before him as the final test for admission to the bar. In an endeavor to make accessible to law students for collateral reading and review a clear and succint text state(Continued page 9, col. 3) "MAYHEM" TO "MODERN CIVIL LAW” Corpus Juris, volume forty, Reviewed By DR. DONALD J. KISER Author of "Principles and Practice of Legal Research" In volume forty, Corpus Juris | for the extraction of minerals advances from "Mayhem" to from the earth. "Modern Civil Law," contain ing treatises upon "Mayhem," "Mechanics' Liens,' "Mercantile Agencies," "Militia," "Mills," "Mines and Minerals," "Miscegenation," which supplant correspondingly entitled Cyc treatises in the Corpus Juris-Cyc system, and "Modern Civil Law," a title which had no predecessor in Cyc. The volume is a very large one and among the titles contained in it are several very important ones. "Mechanics' Liens" and "Mines and Minerals" are each equivalent in size to two ordinary legal textbook volCivil umes. and "Modern Law," if published separately, would make a plump volume in itself. "Mechanics' Liens" is the title in the volume which it This title does not exhaust all questions relating to mines, PROBLEMS AND METHODS IN LEGAL RESEARCH How would you proceed to answer these questions? Solutions by the Legal Research Department of The American Law Book Company Conducted by Elmer Richardson [Editor's note: If our law student readers will systematically go through the questions and answers discussed in this department, having at hand a copy of Dr. Kiser's book, "Principles and Practice of Legal Research: Volume I," as well as a set of Corpus Juris, and will go from the department to "Principles and Practice" and from that to the analysis of each Corpus Juris title involved, they will in effect secure a valuable course in legal research, if none is given in their school, or valuable supplementary training, if their school gives such a course. This is one of the most useful departments of The Law Student, and we strongly recommend that each reader adopt the procedure just outlined-to go from each question to "Principles and Practice," and from "Principles and Practice" to Corpus Juris.] In one jurisdiction, where the courts are many months behind in their work, a device has been adopted in practice whereby cases involving liquidated damages are promptly brought to judgment, while those in which the damages are unliquidated, are obliged to wait their turn. In this jurisdiction an attorney has a case involving the liability of a carrier of goods sent C. O. D. whereby the carrier. delivers the goods upon payment of the charges by a check which proves to be valueless. 14, of 10 C. J., to subdivision XIV. M. in Part Three, relating to delivery by the carrier without collection of charges, which refers to section 385, on page 269. This teristic that an inquiry as to the right of the writer of a letter to demand its return after it has been received by the addressee should have been made by a female corre spondent? In any event, a nice question is presented, and one of no small difficulty from the standpoint of classification. is probable will be consulted Cyc 1143]; to the status of ples and Practice of Legal Re- states the liability of the car- enough one of property, Me in the title "Nuisances" [29 pipe line companies as carchanic's lien cases are mat-riers, which is discussed in the title "Carriers" [10 C. J. P 1]; to the law of water rights incident to the working of mines, which will be found stated in the title "Waters" the the most frequently. ably present vexatious and or land. other improvement [40 Cyc 542]; and to mat- To return to the title "Mines and Minerals" is a title which treats of a title of the law, which perhaps will not be resorted to as frequently as the law of "Mechanics' Liens" but which is nevertheless of very widespread importance, containing as it does a treatise upon the law of oil and gas as well as upon the law of quarries and of coal mines and other mines as to incident to working of mines generally. "Modern Civil Law." The last of these larger titles mentioned at the beginning of this review of volume forty Corpus Juris is "Modern Civil Law." This title, it is thought, will have a double appeal, first to lawyers whose practice presents to them questions involving countries in which the civil law is administered, and second, to students who This attorney has paid heed to the admonition in Princisearch, section 3, page 4, with reference to the value of the precise formulation of the question. In fact, we happen to know that this attorney is one who has had years of experience in legal research, although he failed to find the point desired in the present instance. He has found the law upon the question of the carrier's liability under the circumstances stated, and now comes to the question are whether the damages liquidated, so that he can procure a judgment without delay, or, unliquidated, so that he must wait his turn and make proof of the amount. This, in turn, he observes, is dependent on the question whether the amount recoverable is the value of the goods are interested in the comparison of the civil and the common law. As the author says: "It is proposed here to present a bird's-eye view of the general principles of this ancient and widespread system [the civil law]; to discuss them in the order and with the terminology of the civil law itself; and incidentally to compare some of its main topics with the corresponding one of the common law." "Mayhem." Attention may now be drawn to the shorter, but not less important, titles in this volume. First in alphabetical order we find the title "Mayhem," which includes the technical commonlaw offenses of mayhem, consisting in "the violently depriving another of the use of (Continued page 17, col. 4) The question is clearly rier under these circum- namely, in whom the propstances, and an examination erty in the letter is vested. of the cases shows that some Looking in the grand division of them state that the con- "Property," under the head signor is entitled to recover "Kinds and Classes," we find the value of the goods, while no such title as "Letters." others state that he is en- Nor, following the instructitled to recover the amount tions of Principles and Pracwhich the carrier was direct- tice of Legal Research, seced to collect. But in none of tion 6, page 5, do we find a them does the question clear- title which appears at first ly appear to have been di- blush to be synonymous or inrectly involved, the decisions clusive, except the general referring rather to the ques- title "Property." An examination whether the carrier was tion of that title shows nothing liable than to the amount of upon the specific question. liability. Continuing our in- However, when we consider vestigation of the analysis, we letters, not from the standfind that subdivision XIV. O. point of physical property, but 3., referring to section 396, of the ownershin of the matpage 277, relates to the meas- ter written therein, we obure of damages for conver- serve the title "Copyright and sion. An examination of the Literary Property," referring text and notes under this sec- to 13 C. J. An examination tion still fails to disclose any of the analysis of this title at case directly in point. How- pages 936, 937, leads us very ever, carrying our investiga- readily to section 32, page tion into the 1926 Annota- 963, under the title "Letters," tions, we find on page 493 an where the question is anannotation to Carriers, 10 C. swered. J., page 277, note 14 [i], citing a Missouri case upon the exact proposition involved. This instance well illustrates the warning found in Principles and Practice of Legal Research, section 20, page 62, that the lawyer must always assure himself against surprise by finding whether the case on which he is relying has been affected in any way by later decisions, which is to be done by reference to the Annotations and the use of the Annotations Service Bureau of the publishers. The service of this department consists in directing the attorney where the law is to be found upon the specific propositions which he has An inquiry comes to us as to whether a husband's con'tributory negligence will defeat his recovery for the loss of services of his wife, resulting from personal injuries to her caused by the negligence of a third person. STEUER HAS $1,000,000 INCOME FROM LAW Does the law pay? Ask Max D. Steuer, famous New York lawyer, whose yearly income from his profession amounts to $1,000,000 a year. This is an increase from $330, the amount of his first year's earnings as a lawyer in 1893, over 3,000 per cent in thirty-odd years. NEW TYPE OF EXAMINATION Legal Analysis of State of Facts allowed four hours in which reasons. Through the kindness of Dean Ferson of the law school and Professor Wettach we have been furnished with a copy of this examination, direction. S was killed in the collision. K, the owner of the rival furniture factory, was in the crowd watching the fire and said to his son, ac News of the Schools (Continued from page 1) the University of North Caro- field, which was covered with bet that B set fire to the old Professor R. H. Wettach of The fire spread across A's just back from college, "I'll lina School of Law in giving stubble and set fire to B's shack. His insurance is worth his final examination in Torts large furniture factory which more than his business." T at the end of the school year adjoined the field. The in- was the publisher of a newspresented to his students not tense heat from this fire paper which carried an comparatively simple ques- caused the explosion of dyna- count of the fire, stating, tions based on hypothetical mite and other high explo- among other things, that the facts involving only one point sives in the warehouse of C, driver of the fire engine of law, but a long statement a road contractor nearby. seemed to be very slow and of facts involving numerous This explosion did consider- careless in handling the fire parties and their rights and able damage to D's house engine and that D had sufliabilities. The students were across the street and so fered from a miscarriage as frightened D, a widow who a result of the shock. W was took in roomers for a living, a lumber dealer from whom that she became very ill and B purchased a carload of valwas confined in the hospital uable hardwood the day folfor two weeks. E was riding lowing the fire. B said noththe street about a block from W was ignorant, nor did B on his high-spirited horse in ing about the fire, of which the explosion and was struck disclose his poor financial by a piece of brick from the condition which made imposexplosion, which knocked him sible the continuation of his from his horse, injuring him business. B resold the lumseverely. F saw the horse ber at once and never paid running loose and caught it for it. by the bridle, but the horse Discuss the rights and liakicked F and broke his col- bilities of all parties. larbone. The furniture facquickly, and G, the sales mantory filled with smoke very who was showing a prospectager of the furniture factory, ive purchaser, H, some new furniture designs on the second floor, started for the stairThe largest enrollment in June 1, 1926. way, leading H. Both G and its history is the record of Professor Wettach H fell down an open elevator the Portia Law School when (Analyze the facts carefully, shaft and were badly injured. it opened on September 20 attempting to find all points J, an agent of K, the owner in the evening division, and on involved. State conclusions of a rival furniture factory, September 27 in the day divifirst and always give reasons. at K's direction, stole into sion. The total number of Assume additional facts if the burning building to dis- students is expected to reach necessary. Time-four hours.) cover any secret processes he A, the owner of a field ad- could. J found a valuable joining the X Railroad Com- varnish formula. He was dispany, had piled trash on his covered in the burning facown land, adjacent to the tory by L, the Superintendent, "How did I make my work. I had gotten a cash right of way. The trash was who told him to get out, and, course granting the degree of first million?" said Mr. prize of $150 when I grad- very inflammable, consisting when J hesitated, I picked up master of laws will be inaugunated and I decided finally mostly of old grass and weeds, a golf club and said, "Get out rated, open to men and women Steuer, repeating the that the best thing I could dried out by a long drought. or I won't do a thing to you." who have received the LL.B. query that had just been do was to start out for my trash about five minutes after fire attracted a large crowd, include the following subjects: Fire was discovered in this then left the building. The degree. Its curriculum will put to him. "Why, in the self. "So I hired desk room and a defective locomotive of the and the police had to stretch Comparative Jurisprudence same way that I have waited for clients to come in. X Railroad Co. had passed. ropes and enforce a fire line. and Legal History, Dr. John made every dollar I have, My first one had bought a M, who was a personal friend F. Burns, S. J. D., Harvard; of one of the policemen, was Brief Making and Court Proin the law. I haven't lot for $100 on installments able to get inside the fire made a dollar outside the and had been unable to get lines and was there injured cedure, Ethelbert V. Grabill, practice of my profession his deed, when he had comby falling walls. since I put out my shingle in September, 1893. pleted his payments. I ter ones. TORTS Came from Austria Mr. Steuer came here from years old. He got his first "I got $5 for this case. job a few months later as a would not do the work today "basting puller," at $1.50 a "That was a few months for $5,000. I got the judgment week, working before and after I was graduated from for $100, which carried with after school hours. He did Columbia Law School as prize it the right to arrest, against this for three years and then man. The year before I was the man who had swindled sold matches and newspapers. graduated, in June, 1892, I had my client. When he was fourteen he passed my bar examinations "As a result I got other went to City College, taking after having completed only clients, but my first year's the classical course. two of the three years' law earnings only amounted to He paid his expenses the course. I believe I am the $330. The next year, how- first two years by tutoring only man who ever did that. ever, I made $1,800 net. By other boys who were back"I remember that the Dean 1898 I was making over $30,- ward in their studies. At sixwas afraid I would fail and 000 a year and after that,' teen he got a job in the Genthat failure would reflect on here Mr. Steuer shrugged eral Post Office, working from the college. But I passed his shoulders deprecatingly, five in the afternoon to one all right and then went ahead "what's the use of going on in the morning, when he and finished my course at with the story." would go home for a few Columbia. His interviewer, however, hours' sleep and then go to elicited the information that college. his income for the past few Hard work, perseverance years had been over $500,000 and brains would seem to be a year and was now running the answer to the question at the rate of over one mil- of how Mr. Steuer made his lion dollars yearly. success in life. Prize Man, But Jobless "I started out to look for a job in a law office. I was twenty-one and a full-fledged lawyer, but I couldn't get Portia Law School 500, being the largest number of women students enrolled in any law school throughout the country. A new one-year graduate Esq., reporter of decisions for M never the Massachusetts court; Conmissed a fire. N was also on stitutional Government and his way to the fire when he was struck by the fire engine, Administrative Law, Dr. John driven by O, a former rival, J. Burns; Public and Private who yelled, "I got you that International Law, instructor time." P, an insurance ad- to be announced. juster, was driving to the fire at about forty miles an hour, Mercer University School in excess of the twenty-mile of Law speed ordinance, when he Macon, Ga. collided with a car driven by Paul I. Brosman, for the R. R was driving on the left- past two years professor of hand side of the street and law at the University of Inwithout a license, but P saw diana, will become professor R's car in plenty of time to of contractural subjects in the stop his own car and thought Mercer University Law that R would get back on the School during the coming right-hand side before they year, according to the anmet. Both cars were dam-nouncement of Dr. Rufus C. aged, and both P and R suf- Harris, dean of the school. fered from cuts and bruises. Professor Brosman is added S was riding in R's car at to the Mercer Law School the time of the accident, hav- faculty, making a total now ing picked up a ride on his of five regular professors in way to the fire when he saw the school. The addition of his old friend, R, going in that (Continued page 6, col. 1) |