Mr.Marion Rice Kirkwood, % Law Sch. U.S. POSTAGE 1c. Paid Brooklyn, N. Y. Permit No. 358 Stanford Univ, Calif. "The young lawyer is justified in going into debt for one thing, and that is law books, as without them it is impossible for him to make a success.”. John M. 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VI, No. 5 A Magazine for Students and Lawyers Copyright, 1929, by The American Law Book Co. TRIAL OF TRIAL BY JURY By HOWARD S. GUTTMANN Brooklyn Law School, Class of 1930 Aside from minor matters, the But we are living in an industrial age. Our major activities are industrial and commercial. Questions presented for decision are complicated and beyond the range of the experience and intelligence of the average jury. Industry is handicapped by an antiquated judicial system. greatest incubus upon the administration of American law, civil and criminal, is the jury system. Reasons for the jury potent in early English history no longer exist. When the king and the great lords were all-powerful, and could and did control the courts through fear or favor, the jury There is no doubt of what the was the shield of lesser men. But bar of this country thinks of the the common man has won his logical capacity and efficiency of fight against arbitrary laws. How-juries. Whatever they may say ever useful the jury may have about juries in public statements, been in this struggle is now be- lawyers make their true opinion side the point. The occasion has abundantly clear by their actions passed, and an institution no in court: by the unvarying regulonger useful must cease to exist. larity with which they try jury Charles Evans Hughes, in a re- cases on the "non-merits". As for cent address in New York, said: the courts, their decisions are re"Our hope for the progress of the plete with implications and insinuadministration of justice lies not ations of the incapacity of juries. with juries but with conscientious, An instance or two will illustrate able, industrious judges in the the point. In the noted Eno will control of the business of their contest, where many millions were courts. Give the judge all the involved, and many eager fingers power he has, and more too. Get stretched out to grasp them, the rid of jury trials as much as jury found that Eno was incompossible. It is very difficult now petent when he made his will. to get a proper jury. Often it is The Surrogate had to set the veralmost impossible to get a satis- dict aside; the jury's ground for factory one." finding the testator incompetent was that it thought he had not acted "fairly" toward certain dis well The jury system was enough when life was simple. tant relatives. The Court of Appeals of New York reversed the conviction of murder of one Caruso, assigning as a reason that the prosecution had made an exhibit of the widow of deceased, although she knew nothing of the facts, the court saying that this was "an unseemly and unsafe appeal to prejudices." The comment signified that, in the view of this high court, juries are so illogical and disregardful of merits as to permit the pitiable sight of a forlorn and weeping widow to divert their minds from the facts and bring about a false verdict costing an accused man his life. The reports in every state are replete with such rulings. A modern state should not hesitate on grounds of sentiment. It must come to the realization, and come quickly, that the jury system is not only functioning badly, but that it is inherently bad. Its flaws, so graciously conceded even (Continued page 7, col. 2) Print by Brown Bros. OUR LAWYER PRESIDENTS III NEWS OF THE University of Texas School of William Stewart Simkins, a member of the faculty since 1899, died February 27, 1929, at the age of 83. At the time of his death he was Professor Emeritus, giving one lecture a week on Legal Ethics to the senior class. He was the author of several books on equity, federal practice, administration of estates, etc. Professor Simkins, affectionately known by Texans as "Colonel", was a distinguished figure in the South following the Civil War, as a lawyer, judge, author and teacher, and in his passing the university loses one of the most picturesque and beloved characters connected with the early history of its school of law. Boston University School of new James Madison (1751-1836) The third lawyer president, a son of Virginia, mother of presidents, was born in Port Conway in 1751. After preliminary training in a private school and under the clergyman of his parish, he attended the college of New Jersey (now Princeton University), from which he graduated with the degree of B.A. in 1771. He took an additional year of work under the president of the college. This was followed up upon his return to Virginia with a reading course in theology and philosophy. His course of study up to this time Yale Law School, New Haven, indicates an intention to enter the ministry. This intention was soon abandoned, but his studies colored his subsequent attitude on the question of religious liberty. In 1775 he became chairman of the committee of public safety for Orange County. The following year he was sent to the Virginia convention for forming its constitution, and was a member of the committee which drafted the constitution. He became a member of the Virginia assembly, but after his first term failed of reelection because of his refusal to treat his constituents with liquor in accordance with the custom of the day. But he became a member of the council of state, in which he took a prominent part until he was elected a delegate to the Continental Congress. As a member of the Congress, he advocated the Amendment of the Articles of Confederation to give larger powers to congress. At the expiration of his term in congress in 1783, he returned (Continued page 15, col. 4) course on the new Poor Debtor Law. The lectures in this course will be delivered by Bernard Ginsburg, Esq., a practicing lawyer in Boston, and member of the Massachusetts legislature. Conn. This school has received a gift $20,000 from two of its gradurepresenting the annual income of (Continued page 4, col. 1) STATES WHICH HAVE ADOPTED BAR RESEARCH TEST The following states now give to all applicants for admission to the bar in conjunction with the regular bar examination a test in legal research or the use of law books: Arizona Sol th D de W T th Y fu Am Fou one-hc ernme Mr. Lafay been Surety tions i was fc of Co In v upon the E Comm offere MAY, 1929 BAR EXAMINATION STATISTICS State Ala. Ariz. *Ark.* 36 7 0 "The Law Student" is published woman? in many cases one who during the law school year from has earned his or her own way, September to May. This is the who has not been helped, who fifth number for the school year has not only earned a living while 1928-1929. The next number will studying, but also has paid the be published in September. extra expense of that study at cost of much extra bodily and mental strain and real personal sacrifice. Things That Matter Within a few short weeks some thousands of young men and women—and others not so young -will complete their law studies, pass the bar examinations, and be licensed to practice law. The aggregate investment of money and human effort, both by law students and their parents and relatives, represented by this body of newly fledged lawyers, is very large. What will be the return? The answer to the simple question "What will be the return?" is just as simple, namely: "What the individual makes it." If he devotes himself honestly and earnestly to the ideals of an ancient and honorable profession, he will have the reward, whatever his monetary success, of knowing that he has, the respect of his community, of the bench, and of his brothers of the bar. And if, while practicing ethically, he really To the parents, the father or works, works to make friends, mother who has sacrificed to give works to prepare his earlier cases son or daughter a legal education, there will be the immediate adequately, works to perfect his return of satisfaction in seeing the knowledge and technique to cope completion and the successful with later and more important controversies and litigations, he completion of the school course, the reward of feeling that a duty will surely, sooner or later, realand an obligation have been per- ize a substantial monetary reward, formed. But what will be the perhaps not riches, but at any return to the student, man or rate a competence. Pa. P. I. Vt. Va. W. Va. Wis. Wyo. *Incomplete; reports from 6 districts out of 18. There are two roads before paths, can there be any hesitancy each newly admitted lawyer, the in choosing? road of honor and labor, leading to true success, and the road of In this, its last issue for the dishonor and shirking, leading to school year 1928-1929. The Law Student extends to all students, degradation, contempt and failure. graduating and others, its best In view of what is at the end, wishes for a pleasant vacation and and all along the way of these pleasant reunions hereafter. May, 1929 BEGINNER'S LUCK THE LAW STUDENT "He refused to give it back, "Sure thing, said I could whis- "Well, it didn't have all that "That's right, your contract calls for a quit claim deed. Did Cromley's wife sign it?" "His wife died three years ago." "I suppose it was properly acknowledged, and all that?" William Aloysius McFee, Esq., had been shifted to the west at McFee was clever; both his lassmates and his younger felow attorneys would tell you that nhesitatingly. His intellect had peculiar twist for finding the eak spot in an opponent's arguent, and his calm manner fosered an ability to convince. He as predestined to succeed as a wyer, for he was self-contained, conceited, yet confident of his wn ability, a good bluffer, and, bove all, possessed a winning Ersonality. His reverie was interrupted by voice at his elbow demanding Dughly: "Well, can't you answer a guy away "Well, Bert," teased McFee, "why can't you take a wise man's advice and stay from women? I don't suppose you'd ever have had this crazy notion of speculating in real estate if it hadn't been for-what's her name, Bert?" "Oh, shut up, you old woman "I've got something I want you I'd marry her, and I date came around I didn't ve enough to throw the deal, d I'd heard the new highway McFee prepared to take notes. "Now, let's get this right, Bert," he said. "When they tendered you the deed, what did they say?" "Well, that's one down. Sounds like a good tender, provided title was good," mused McFee. "Then what'd you say?" "I said I wasn't going through with it, and asked them for my money back." "Yes, Judge Pratt's secretary took the acknowledgment." "Do you know whether they made a search of the title, or did you have one made?" "They didn't offer any search; "Well, that's encouraging," said McFee. "About our only hope is that there's a big defect in title. I'll see what I can find out. You'd better come around again Monday afternoon about 2:15. If I've hit on anything good, we'll go over and see what a couple of youngsters can do against a couple of veterans." "Remember now, Bill," said Bert as he was leaving, "if you get this back there's $500 in it for you. That'll mean a second class honeymoon instead of a first, Bill grinned and went into the Bert Koenig was at McFee's office Monday afternoon. About quarter past two McFee rushed in, breathless but triumphant. "We've got 'em where we want 'em, Bert. Can't stop to explain; we've just got time to keep the appointment with Pratt. Come on, and we'll give it a try.". They covered the three blocks to the Judge's office in silence and in record time. When they arrived Mr. Cromley and the judge were awaiting them in the private office. McFee, who knew the judge, was introduced to Mr. Cromley, and Koenig was introduced to the judge. Koenig's heart sank when he thought of McFee trying to bluff him, for he was one of those persons who have adopted a role and live solely to play it. He was stern, dignified to an extreme, and tried to impress upon one his wisdom and ability in his chosen profession. He had chosen the role of the all-wise and all-just magistrate, and although he had retired as Surrogate over ten years, he never resumed the attitude of an 3 ask advocate urging a cause, but had "Now, gentlemen," said the "Oh, but you misinterpret our visit entirely, Judge," McFee said. "We haven't come to make a settlement; on the contrary we have come to make an objection to your title and to rescind the contract and demand the deposit money." "But that is absurd on the face of it, young man," laughed the judge; "it is out of the question entirely. Why, that property has been in the Cromley family for three generations, since 1860 anyway. There isn't an encumbrance that wouldn't be barred by lapse of time. Mortgages, liens, judgments, taxes, assessments, anything, are presumed to have been discharged after the lapse of twenty years, my boy," concluded the judge pedantically. "That is entirely outside our issue. Our objection is that title is not in Mr. Cromley, and that therefore your action for specific performance cannot lie, since a pre-requisite is that the seller be ready, willing and able to convey a good, sufficient and marketable title on the day when performance is required, and that the seller tender performance to the buyer, then, or within a reason able time." "That may be true, Mr. McFee, but nevertheless by your client's silence on September 15th he is deemed to have waived the objection." "Under authorities in 40 Cyc 252, title "Waiver", the party alleging waiver must show the party said to have waived had knowledge of all the material facts. You certainly cannot show this, so I think we had better lay the question of waiver aside and come to the main issue," replied McFee. "All right," assented the judge, reluctantly. "Granting that your client did not waive the objection by his silence, he agreed to accept a quit claim deed of the property.' "What of it, Judge?" replied McFee, disregarding well meant advice regarding contradiction of the county's mogul. "An agreement by a purchaser to accept a quit claim deed is not a waiver of a defect in title, in and of itself. You can verify this statement by reading Wallach Riverside Bank, in 206 N. Y." VS. In accordance with all precedent, the judge, in the face of contradiction, was rapidly losing his temper. After consulting the volume mentioned by McFee he (Continued page 11, col. 1) News of Schools ates, Richard C. Hunt and William V. Griffin, both of New York City, for the establishment of two scholarships of $500 each. The scholarships will be awarded annually to eligible students in the school, and will be known as Corbey Court Scholarships, in honor of the Yale Chapter of Phi Delta Phi, the national legal fraternity, of which the donors are members. Mr. Hunt and Mr. Griffin graduated from the school in 1908. Mr. Hunt is a member of the firm of Chadbourne, Hunt, Jaeckel & Brown, of New York City, and has been president of the Yale Law School Association for the last two years. Mr. Griffin has been secretary of the Yale Law School Association, and a governor of the Yale Publishing Association. University of Minnesota Law School, Minneapolis, Minn. The summer session of the University of Minnesota Law School will begin June 18 and end August 31, 1929. The first term is from June 18 to July 27, and the second term from July 27 to August 31. Students in first year subjects must attend both terms to obtain credit. Other students may complete a program in either term. One year of law work may be completed by attending three successive summer sessions, or a half year of work by attending one summer session and one summer term. Credits may be applied to the degrees of Bachelor of Laws and Master of Laws. Subjects offered are: Contracts, Agency, Negotiable Instruments, Bankruptcy, Damages, Carriers, Suretyship, Equity III, Municipal Corporations, Persons, Labor Law, Interstate Commerce, and Taxation. The instructors include Dean J. L. Parks of the University of Missouri Law School, Prof. R. H. Wettach of the University of North Carolina School of Law, Prof. R. M. Perkins of the State University of Iowa College of Law, and Professors Henry J. Fletcher, H. L. McClintock, James Paige, and Henry Rott schaefer of the University of Minnesota Law School. University of North Carolina Law School, Chapel Hill, N. C. The 1929 summer session of the school of law will consist of two terms of about five and one-half weeks each. Two subjects may be taken in each term, and credit may be secured in the summer for as much as one-third of a AMERICAN ASSOCIATION OF LEGAL AUTHORS Legal Authors, whose general periodical press, reliable discusThe American Association of practicable, to the newspaper and purpose is to bring the public and sions of legal points and controthe law into closer understanding, versies, of new laws and law reAlbany with leaders of the bench may be made understandable, enwas incorporated recently in forms, to the end that such topics and bar as members tertaining and enof its directorate and advisory counlightening to the layman. cil, which are in "To encourage, process of organiin the preparation zation. Most of of briefs and in those whose names legal arguments, have been mentioned in connection thoroughness of rewith the project search and accuracy of statement, tobut the association are New Yorkers, gether with directis to be national in ness and fluency of its scope. expression and the avoidance of irrelevancies, repetitions, and prolixities. William Mack Information concerning the law I will be disseminated by the association, efforts will be made to eliminate sensational newspaper accounts of trials, encouragement will be offered to legal authorship and a daily or weekly column of legal comment on current events will be offered to newspapers. incorporation papers were approved in this city by Justice Edward J. Glennon of the Supreme Court, who said he was cordially in sympathy with the project. "To encourage the profession of legal authorship, to aid in recognition of its dignity and the receipt of adequate rewards for its work." The members of the advisory council and directors of the new association include, among others: The David S. Garland, editor of New York Law Review and formerly editor-in-chief of American and English Encyclopaedia of Law. In the past, many associations of lawyers have been formed for various purposes, but most of the special objects and purposes of the Legal Authors Association are new. They include: "To interpret the law and the legal profession to the people of the United States. "To bring about a better understanding and relations of closer cooperation between the professions of journalism and the law. "To aid in the dissemination through the newspaper and periodical press of accurate information concerning the laws most nearly affecting the daily life of the citizen, of the law reforms and of new laws. William Mack, editor-in-chief of Corpus Juris. Dean Roscoe Pound, of Harvard University Law School. Judge Martin T. Manton, senior U. S. Circuit Judge, Second Circuit. Judge Frederick E. Crane, New York Court of Appeals. Emory R. Buckner, former United States Attorney.. Martin Conboy. George Gordon Battle. Henry L. Stoddard. Adelbert P. Moot, of Buffalo, former president, New York State Bar Association. Former Judge Alphonso T. Clearwater, of Kingston, former president, New York State Bar Association. Clarence M. Lewis, former counsel, New York State Transit "To discourage and oppose in the newspaper and periodical Commission. press, sensational, exaggerated, Charles Strauss, former presimisleading or inaccurate accounts dent, New York County Lawyers' of trials, crimes, court proceed- Association. ings, or of items subjecting the law, the judiciary or the legal profession, or the principles upon which our constitution and laws are founded, to ridicule, contempt or reproach. "To encourage the study of the law as a part of the general education and cultural equipment of the citizen. "To supply, so far as may be Former Justice Clarence J. Shearn. Justice Joseph M. Proskauer, Appellate Division, First Department. Ralph O. Willguss, contributing editor, New York Law Review. William R. Wilcox, former chairman Public Utilities Commission. May, 19 News of Schools year's work. First year subjec The first term will begin Jun 17 and end July 24; the secon term will begin July 25 and en August 31. The general plan of the sum mer school follows that whic was adopted in the summer schoo given last year. One-third of year's work may be covered i the summer, and if a student be gins the study of law in the sum mer school, he can complete th work for his degree in a littl over two years by attending th law school continuouslv. The re quirements for admission are th same in the summer as in th regular session. Professor Albert Coates ha been awarded a research fellow ship at the Harvard Law Schoo for 1929-30, and has been granted a leave of absence from his du ties here for next year. The Law Library has recently purchased the library of the late Justice Charles M. Cooke of the Supreme Court of North Carolina, which includes some rare items of North Carolina statutory material. This purchase brings the number of volumes in the Law Library above 20,000 volumes. The Library now includes the decisions of all courts of last resort and the codified laws of all of the states and of England. Among the new courses planned for next year is a course in the Administration of Justice, in the teaching of which all of the members of the faculty will participate. Studies will be made of important recent developments in legal administration, such as the judicial conference, uniform judicial statistics, bar incorporation, and the unification of courts. Cornell Law School, On March 25th, I. Maurice Wormser, Esq., of the New York bar, editor of the New York Law Journal, delivered a lecture on the Jacob H. Schiff Foundation on the subject "Preparing Briefs and Presenting Arguments Before Appellate Courts". On March 26-28, inclusive, Lucius Ward Bannister, Esq., of the Denver, Colorado, bar, and lecturer in Cornell Law School on "Water Rights", delivered a series of three lectures on Western Water and Irrigation Law. On March 27th, Mr. Bannister delivered a special lecture on the (Continued page 5, col. 1) Nai Number. .ress... one Number. ... Class of.... B. P. L. S. 1-29 |