THE LAW STUDENT BOOKS THAT SHOULD BE IN EVERY STUDENT'S LIBRARY These four books could not be sold for $7.25, postpaid, solely as a commercial proposition. As publishers of the Corpus Juris-Cyc System, the most monumental legal work ever produced, we offer these four books practically at cost, in the interest of legal education. You are invited to take advantage of this offer and to fill in the order blank below and mail it to us with your check or money order, and full address. "Outlines for Review,"-a book to remember by, will refresh your memory of what you have learned since the beginning of your law studies; invaluable in preparing for the "bar" and in practice afterward. "The First Book of Bar Questions," is a book to check up by and find your weak points. If a student, you will be put in touch with the minds of the bar examiners, for it contains five hundred bona fide bar examination questions, with references to Corpus Juris and Cyc for the answers. "U. S. Constitution Annotated" (the only work of its type, citing under each word and clause of the constitution each decision construing it). "The Collegiate Law Dictionary" (the standard student's dictionary). Y one-hc Corpo fu Harsh Any one Volume.... Unive Any two Volumes.. $2.00 3.75 5.50 7.25 L. S. 3-29 THE AMERICAN LAW BOOK COMPANY, March, 1929 July 22, 1927. On February 1st of this year I began to coach a class of fourteen men for the Bar examination, held in the first part of May. All of them passed the examination and I had the nine highest men in the examination. Among the students I coached there were eight who had failed in the previous examination, and some of the men that I coached had tried to pass the examination as many as four times, and failed. Also the men who made high grades in the examination had previously failed. Some were graduates from the best law schools in the country. In the review class we used Outlines of Review, Book of Bar Questions and various law quizzers, but we always used Corpus Juris as a reference on any doubtful points. In three and one-half years I have coached fifty applicants for the Bar examination, with a record of three failures, and two of them passed on the second examination. Applicants I have coached have made the highest grade six times out of seven. In my opinion, any young man who desires to study law should have access to a set of Corpus Juris, and for a practising attorney to be without this wonderful work would make him like a mariner without a compass. Yours very truly, and in its development might assist and cooperate in carrying out the stated objects of the Association, "to advance the science of jurisprudence, promote the administration of justice, the uniformity of legislation and of judicial decision throughout the nation, uphold the honor of the profession of the law, and encourage In the Presidential election of cordial intercourse among the 1800 Thomas Jefferson and Aaron members of the American Bar. Burr received an equal number of votes in the Electoral College, Journal, Dec., 1928.] [From American Bar Association Na T Number... dress... Phone Number. Class of... B. P. L. S. 1-29 BOOK REVIEWS Cases on Domestic Relations, by Joseph Warren Madden, Professor of Law in the University of Pittsburgh, xix and 742 pages (American Casebook Series)West Publishing Company, St. Paul, Minn., 1928. It is the purpose of this casebook to present the problems of the law of Domestic Relations which are now appearing in the courts, with only enough historical background to make the current decisions understandable. In most law schools the time devoted to the course is not sufficient to cover more material than that here presented, and the social importance of the course is such that no major part of it should be entirely omitted. In the schools which devote particular attention to the law of one jurisdiction, the local statutes and their interpretation will form essential additional material for the course. For these reasons, the book has been kept as small as possible. Restatement of the Law of Contracts, 304 pages-The American Law Institute, 1928. The first official draft of its Restatement of the Law to be published by the American Law Institute is that covering part of the law of Contracts, reported by Prof. Samuel Williston, of the Harvard Law School. This volume, bound in pasteboard, is offered at $2.50 a copy by the American Law Institute at its executive offices, 3400 Chestnut St., Philadelphia, Pa. Charles Dickens as a Legal Historian, by William S. Holdsworth, 157 pages-Yale University Press, New Haven, Conn., 1928. Prof. Holdsworth is always interesting, and here, where he uses Dickens as a searchlight to reveal the operative condition of English law in the early nineteenth century, he is particularly so. The Peltzer Case, by Gerard Harry, vii and 243 pages (Famous ner's Sons, New York City, 1928. Trials Series) - Charles Scrib The murder of Guillaume Ber The Immediate Origins of the War, by Pierre Renouvin, pages XV and 395-Yale University Press, New Haven, Conn., 1928. This book deals strictly with nays by Armand and Leon Peltzer the matters covered by its title in Belgium in 1882 as outlined in The Immediate Origins of the this volume by a journalist, who, War-beginning with the assassi-thirty years later, had much to do nation of the Austrian Archduke. Leon Peltzer, the actual killer, with the release from prison of Although the author is Professor of the History of the Great War presents a most amazing series of facts and coincidences. Apparat the University of Paris, his book is not marked by national ently the motive for the crime on bias, and is written in a com- incited the actual slaying, was the part of Armand Peltzer, who mendably objective spirit. Equity Jurisprudence, by Herman Steele, xi and 897 pagesPrentice-Hall, Inc., New York City. Prof. Steele, of Loyola University School of Law, here presents a compact selection of cases illustrating Equity Jurisprudence. His selections are conspicuously modern. PEPPER AND wholly inadequate. Apart from this, many extraordinary facts came to light at the trial and subsequently. For instance, when Leon Peltzer killed Bernays, there was in the room a carpet which some thirty years later happened to be made covering for the murderer's body after he had committed suicide by drowning near Ostend, Belgium, and his body had been washed up by the tide. in two or three places with a hammer. Yours truly, etc."Boston Transcript. "Judge, your honor," cried the Letter said to have been re- prisoner at the bar, "have I got ceived by a lawyer: "Dear Sir-to be tried by a lady jury?" My boy got struck by an automo- "Be still," whispered his atbile, number 48,726B. If the torney. Owner is rich, sue him at once. "I won't be still! Judge, I The boy wasn't bruised any, but can't even fool my own wife, let On your notifying me that you alone twelve strange women. I'm ave brought suit, I will hit him guilty!"-Service. The conduct of the trial affords and amateur criminologist as well an interesting comparison be- as the lawyer. tween continental and English and American methods of criminal procedure. The Trial of Professor Webster, by George Dilnot, viii and 275 pages (Famous Trials Series) The Trial of Patrick Mahon, by Edgar Wallace, 286 pages (Famous Trials Series)-Charles Scribner's Sons, New York City, 1928. Mahon was a -Charles Scribner's Sons, New mately in morady-killer," ulti York City, 1928. senses than one. He had a wife to whom he always This is one of the most famous came back, like the proverbial cat of American criminal trials. Pro- or bad penny, probably because fessor Webster of the Harvard she had an earning power. The medical faculty killed Dr. Park- murder of which he was convicted man, to whom he owed money, and for which he was executed and endeavored totally to destroy was committed in a seashore bunthe body, identification of the re- galow to which he had eloped mains as discovered resting almost with his victim. He claimed the entirely on evidence as to the killing was accidental, but the teeth. The legal interest of the crown was able to meet this detrial inheres largely in this point, fense by proving that he had arbut the social prominence both of ranged for another woman to the victim and murderer gave the meet him at the same bungalow case great notoriety in the fifties at a time when the woman he of the last century. killed was there with him. To The volume is one of a new put it shortly, how could he have series similar to Notable British planned to import No. 2 unless he Trials, and ultimately should con- knew in advance that No. 1 would tain many records of great inter- be dead by the time of No. 2's est and value to the professional arrival? AGAIN REPRINTED! OVER 10,000 COPIES OUTLINES for REVIEW of the Fundamental Principles of the Law An Analytical Summary of American Law By William Lawrence Clark (Single volume edition covering all subjects) It will help to renew your memory of all the law you have studied since the beginning and to pass your Bar. Furthermore, in the practice of law, a lawyer must always continue to refresh his mind on fundamental principles; the growth of American Law has made this absolutely essential to success. NO OTHER WORK IS SO COMPLETE AND ACCESSIBLE FOR THIS PURPOSE Thousands of lawyers own it; and each year thousands of students order it and rely upon it. 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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. |