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ay, 1929



"He refused to give it back,
did he?"

"Sure thing, said I could whis-
tle for it."
"Did you see anything wrong
with the deed?"

"Well, it didn't have all that
rigamarole deeds usually have;
kinda short and sweet, it was."

"That's right, your contract calls for a quit claim deed. Did Cromley's wife sign it?"

"His wife died three years

"I suppose it was properly ac-
knowledged, and all that?"
"Yes, Judge Pratt's secretary
took the acknowledgment."

William Aloysius McFee, Esq., had been shifted to the west at
torney and counsellor at law by that point and wouldn't take in
e grace of God and the ap- this farm at all. September 15th
oval of the Board of Bar Ex-I went down to Judge Pratt's of-
niners, having been admitted to fice and met Mr. Cromley, and
actice but two days before, was told him I wasn't going through
azing from the window of his with the deal and asked for my
fice. Neither the town nor the money back. Of course, I never
fice was large, but both had expected to get the money, but
eir redeeming features: the I wasn't taking any chances.
wn was in a prosperous county, Pretty soon Judge Pratt comes
nd the office in a suite rented by through with a lot of bunk about
cFee's patron, Mr. Clark, un- showing me the deed, and told me
er whom he had served his clerk- that if I didn't take the deed and
hip. So McFee had reasonable pay the balance he'd sue me, or
opes of receiving an occasional words to that effect, and further-
rumb of litigation.
more that I could whistle for my
$2,000. I got real peeved, told
them they could sue, for all II don't think they had one because
cared, and walked out. Since then Mr. Cromley's father owned this
I've been out of town and they place and his father before him.
haven't had a chance to serve me. I didn't have any made."
This constable got me today. I
wouldn't say a word, only I'm
going to be married the 24th, and
here it is the 8th."

McFee was clever; both his lassmates and his younger felow attorneys would tell you that nhesitatingly. His intellect had peculiar twist for finding the weak spot in an opponent's argument, and his calm manner fosered an ability to convince. He was predestined to succeed as a awyer, for he was self-contained, mconceited, yet confident of his Own ability, a good bluffer, and, above all, possessed a winning personality.

His reverie was interrupted by I voice at his elbow demanding toughly:

"Well, can't you answer a guy when he speaks to you?" "Oh, hello, Bert; you're quite

I stranger."


"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 hater," replied Bert crossly. "I can't see it makes any difference to a guy like you, but her name is Patsy Cruger, and say, she's a peach! I'd marry her, and I know she'd marry me, if we had to start on a shoestring, but just the same that little $2,000 would come in mighty handy."

"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 cou-
ple 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,

but I'll be so happy to get the
rest of it back I won't care."

Bill grinned and went into the
library to brush up on his knowl-
edge of specific performance of
real estate contracts.

Bert Koenig was at McFee's office Monday afternoon. About quarter past two McFee rushed

"I've got something I want you
advise me about. I want you
o see what you can do about
getting me out of a mess.'
"Very well, Bert," broke in
McFee, calmly. Take it easy and
ell me how it happened."
"Well, Bert, I don't know how
Well, it all began like this," in the world I can get the $2,000
aid Bert Koenig as he seated back. It'll be hard enough get-in,
imself on an office chair. "If ting you out of paying the $3,000.
hat darn constable hadn't handed This action (holding up the bun-
ne this bundle of papers (passing dle of papers) is one to force
hem to McFee) I wouldn't be you to take title, and if we ex-
lown here wasting my time. Back pect to do anything we'd better
June I got a hunch and an in- get hold of Judge Pratt before he
ide tip through the Highway Of- leaves for his annual hunting trip
ice (I'm working for the state, Monday night."
you know) that that new Taconic
Parkway was going right through
his farm, the one they describe
the complaint. I knew the

McFee prepared to take notes. "Now, let's get this right, Bert," he said. "When they tendered you the deed, what did they


man wanted to sell it, so I went
him and offered him $5,000 for
He jumped at the chance and "Oh, they said enough. Some
stled me off to his lawyer, lingo about tendering me the deed
udge Pratt. Before I knew it I to the property known as the
ad signed a contract to purchase Cromley Farm in the town of
Pine Plains. Not much of any
Be farm and given a draft on
savings account for a $2,000 thing else."
posit. They'd have given me "Well, that's one down. Sounds
e deed on the spot, only I like a good tender, provided title
dn't let them and told them to was good," mused McFee. "Then
ake it September 15th. When what'd you say?"

e date came around I didn't ave enough to throw the deal, And I'd heard the new highway

"I said I wasn't going through with it, and asked them for my money back."

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 intro-
duced to the judge. Koenig's
heart sank when he thought of
McFee trying to bluff him, for
he was one of those persons who
solely to play it. He was stern,
have adopted a role and live
dignified to an extreme, and tried
to impress upon one his wisdom
and ability in his chosen profes-
sion. He had chosen the role of
the all-wise and all-just magis-
trate, and although he had retired
as Surrogate over ten years, he
never resumed the attitude of an



advocate urging a cause, but had
that of a magistrate deciding it.

"Now, gentlemen," said the
judge, "I might as well warn you
that my client will accept no set-
tlement other than a complete per-
formance of your agreement."

"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 itself. You can verify this stateof a defect in title, in and of ment by reading Wallach vs. Riverside Bank, in 206 N. Y."

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)

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News of Schools
(Continued from page 1)

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


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
(Continued from col. 1)

year's work. First year subjec
are included in those given,
that students who desire to begi
the study of law may enter th
law school for the first time
the summer.

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,
Ithaca, N. Y.

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)





one Number.


Class of....

B. P. L. S. 1-29

News of Schools (Continued from page 4)

ulder Canyon Dam Project on O Colorado River. Mr. Banter was one of the legal aders at the original Colorado wer conference, and has served that capacity at the various ferences since, and is now speI counsel for the City of Denin the Colorado River matter. The final moot court argument determine the championship of first year class will take place April 26th and will be presided er by a most distinguished ch composed of the following eral judges:

Hon. Learned Hand, Judge, S. Circuit Court of Appeals, cond Circuit.

Hon. Frederic P. Schoonker, Judge, District Court of U. S., Western District of ennsylvania.

Hon. George P. Hahn, Judge, istrict Court of the U. S., orthern District of Ohio.


Osgoode Hall, Toronto, Canada

Osgoode Hall is a hybrid | members, John D. Falconbridge, building, partly owned by the K.C., M.A., LL.B. (dean); D. A. The final argument will be be- Province of Ontario, partly MacRae, M.A., Ph.D. (formerly een members of the Hiscock owned by the Law Society of dean of the Dalhousie Law ub and members of the Pound Upper Canada (a corporation School); Sidney E. Smith, M.A., lub, the first represented by Les- governed by benchers, that is, LL.B.; and Cecil A. Wright, Alfred Fanning, Lathrop elected representatives of the bar B.A., S.J.D.; and two part-time ennison Marsland, Kingsley of Ontario). The government members, A. R. Clute, K.C., B.A., rillard Bennett, and Henry portion is occupied by the central LL.B.; and H. W. A. Foster, dward Gardiner; the second by offices of the Supreme Court of K.C., LL.B. harles Lucient Brayton, Harrop Ontario, the chambers of the thur Freeman, Mary Jane Dal- judges and various officials of the , and Victor Thomas Sur-court, and by court rooms used for appellate and practice purposes, but not for the trial of actions. The Law Society portion is occupied by the library, the benchers' rooms and the Osgoode Hall Law School. The school is completely under the control and direction of the Law Society, which, on the successful completion of a student's course at the school and of his service under articles, grants him the degree of barrister-at-law and calls him to the bar of Ontario.

SUMMER SESSION COURSES First Term, June 24 to July 31 Contract.-Professor Costigan the University of California d Professor Grismore of the niversity of Michigan. Property IA.-Professor Wiln and Assistant Professor arnham of Cornell University. Corporations. Professor right of the University of innsylvania.

Conflict of Laws. - Professor ickinson of the University of ichigan.

Jurisprudence.-Assistant Pro-
ssor Laube of Cornell Uni-

Accounting for Lawyers.-Pro-
ssor English of Cornell Uni-
ickinson of West Virginia Uni-

Second Term, August 1 to
September 6
Contract. (As above.)
Property IA-(As above.)
Public Service. Professor
headle of the University of


Negotiable Paper.-Professor
Cormick of the University of

orth Carolina.
Insurance.- Professor White-
of Cornell University.
(Continued col. 4)

another province or of the bar of
A member of the bar of
another British country which
grants reciprocal privileges may
be called to the bar of Ontario
upon fulfilling certain formal re-
quirements, but with this excep-
tion all candidates for call to the
Ontario bar must attend the Os-
goode Hall Law School. Candi-
dates for admission to the school
must be entitled to enter uncon-
ditionally the third or junior year
of the course leading to the de-
gree of bachelor of arts in an
approved university.

The number of students regis-
tered for the session 1928-1929 is:
First year 103, second year 148,
third year 116; total 367.

From the year 1855 onwards
the Law Society of Upper Can-
ada has made some provision for
legal education in the form of
lectures given to students-at-law problem in Canadian legal educa-
Perhaps the most interesting
by members of the bar, concur- tion is that of providing teaching
rently with the students' attend- material. American case-books,
ance in barristers' chambers or excellent as they are, have not
solicitors' offices. It was not, been found suitable, as they con-
however, until 1889 (after a proj-tain no Canadian cases and too
ect for establishing a teaching few English cases, and the use
faculty of law in the University of the case method in many of
of Toronto had been discussed the courses at Osgoode Hall has
without result) that a permanent necessitated the production of
full-time head of the law school Canadian case-books. Most of
was appointed, the rest of the these are still in mimeographed
teaching staff being members of form, but a beginning has been
the bar in active practice. Since made in the publication of a
the appointment of the present Canadian case-book series, the
dean in 1924 the full-time staff first volume being Falconbridge,
has been gradually increased. Cases on the Sale of Goods
The teaching staff of the school (1927), and the second being
now consists of four full-time Smith, Cases on Trusts (1928).

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University of Kentucky College

of Law, Lexington, Ky.
The University of Kentucky
Law School has recently added
to its library the side bar reports
of Pennsylvania, thus completing
the side bar reports of all the
states. Many other interesting
additions have been made to the
law library during the year,
among them being a set of The
Green Bag.

Professor W. Lewis Roberts
has been awarded a research fel-
lowship at the Harvard Law
School for the year 1929-1930,
and has been granted a year's
leave of absence for that pur-

To supply his place in part, Mr. George Ragland, Jr., who received his LL.B. from the Kentucky Law School in June, 1928, and who has been enjoying a fellowship at the Michigan Law School during the current year, has been appointed. Mr. Ragland has been doing special work in procedure under Professor Sunderprocedural courses next year. land, and will teach some of the

A banquet is being planned for the faculty, students and alumni of the law school, which event will probably take place about the first of May. It is hoped that the Governor of Kentucky, who was formerly a judge of the Court of Appeals of Kentucky, will be present for an address.

The law school will maintain coming summer session, scheduled a staff of four men during the to begin on the 14th of June and to last ten weeks, divided into two terms of five weeks each. The following subjects will be taught: Common Law Pleading and Code Pleading, Legal Liability, Real Property, Equity I and II, Bankruptcy and Mortgages, Quasi-Contracts and Legal


University of Chicago Law
School, Chicago, Ill.
Since the beginning of the year
the following changes have oc-
curred in this faculty: Assistant
Professor Sidney K. Schiff and
Mr. Claude W. Schutter resigned.
On December 11, 1928, Profes-
sor Floyd Russell Mechem died.
The courses formerly given by
these gentlemen are now being
given this year by Mr. John S.
Miller, Mr. Alfred Beck, and
Mr. Maurice Walk, all of the
Chicago bar. In the coming sum-
(Continued page 7, col. 1)

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By Elmer Richardson, Esq., of the New York Bar

"Come in," he said. "What a

Glancing in at the open door (surveyed, was in his most expan-
of young Attorney Green's office sive mood.
one morning, his older friend,
Lawyer Gray, observed him sit-
ting in a dejected attitude, en-
tirely foreign to his usual ap-

pearance, near

hasn't," said Green.


collect damages from an automobile driver for injuries when his machine never touched you at all?' I suggested that he give me the facts involved. He told me he was driving north in an auto and a bus driving south on the same road followed by another auto. The bus stopped suddenly without giving the signal required by law. As a result, the car following, in order to avoid a collision with the bus, turned sharply to the left and collided with Graham's car.

day this has been! When you
left, I got busy and finished put-
ting the books on the shelves and
a partly filled clearing out the office. And none
bookcase, with partly filled boxes too soon. Just as I had finished,
on the floor, and discarded wrap-in came Harmon, who has called
pings scattered about the room.
once or twice before, with a
"The first thing I found it es-
"Why the gloom?" asked Gray. brand new case. Over in his fac-sential to recall in considering
"Has the physical exertion of ar- tory he has some special ma- where to find the law on this
ranging those books so completely chinery, which he has invented or
proposition was the admonition of
upset you?" "You know it had invented by his men, which Principles and Practice of Legal
nothing better than a little exer- is for his purposes, and gives value of precise formulation of
"I enjoy he thinks is about the best there Research, section 3, as to the
cise. You asked me the other day him an advantage over his com-
when I felt quite happy whether petitors who have nothing like it. find no analysis lines which would
the question. I would expect to
my sweetheart's attitude was the But his engineer, who has been cover facts of the kind he de-
It is the cause today. working with him for a long scribed. On reflection, I deter-
Mary Marvin is the most wonder- time, knows all about the ma- mined that the question was
ful girl in the world. How she chinery. He has been acting dis-
whether the negligence of the bus
could see anything in me is more agreeably of late and now has driver in stopping without giving
than I can understand, but we quit the job, and threatens to go the required signal was the proxi-
have made splendid plans for the to the rival factory and give it
mate cause of the collision be-
future, notwithstanding my pres- his information. He agreed
ent impecunious estate. But this when he entered the employment
morning, when she found out I to keep secret anything he learned
had bought this set of Corpus of the machinery. Harmon wants
Juris-Cyc, she became very to know if he can be protected.
angry. Wanted to know how I
"Having made it a point to fol-
ever expected to save for our low the advice of Principles and
wedding, throwing away money Practice of Legal Research, sec-
like that, and tying my hands by tion 17-19, as to the value of fa-
an obligation for so long in the miliarity with title names in
future. Said that if I didn't care Corpus Juris-Cyc, I knew with-
any more about getting married out actually referring to the Law
than that, she didn't either. I Chart that I would find there un-
tried to show her that it was a der the grand division 'Persons',
necessary business investment, subdivision 'Family and Domes-
but she would have none of it.
Well, it is too late now. I can't
send the books back. And if I
could, we could never get along
together if she has no confidence
whatever in my business judg-
ment. So I guess it is all over
between us."

tic Relations', the title 'Master
and Servant'.
pulled down 39 C. J., containing
So I immediately
that title. From the skeleton an-
alysis on page 1, I selected sub-
division II. Services and Com-
pensation. A. Performance and
Breach of Employment Contract',
"Oh, I wouldn't be too hasty in as the only one which could ap-
reaching that conclusion. Such ply to my situation. So, refer-
things have been patched up be- ring to the subanalysis at pages
fore this. But I must get to 4 and 5, I found the next lower
work in my office. See you later." grade subdivision '4. Trade Se-
It was late in the afternoon crets', directing me to sections
before Gray found time again to 164-166, page 126. Turning to
step into Green's office. Turning that page, I found a clear discus-
his back to his own modest sign, sion of the subject, including both
"Thomas Gray, Lawyer," he ob- the relative substantive rights of
served with a smile the resplen- the parties and the remedies, with
dent new sign of his friend, a reference to a fuller discussion
"Henry Worthington Green, At- of the remedy of injunction un-
torney and Counselor at Law." der the title Injunctions in 32
As he entered, he knew at once C.J., sections 210-216. After a
he was to hear a happier story brief perusal of these references.
than greeted him in the morning. I was able to tell Harmon enough
He was given a warm and cheer- of his rights to assure him that I
ful welcome. The new set of could handle the matter, and he
books was neatly arranged in the put it in my hands, together with
bookcase within easy reach of a satisfactory retainer.
Green as he sat at his desk. The "Harmon had scarcely left
office was cleaned and cleared, when Graham called. He broke
and Green, monarch of all he out with the question, 'Can you

tween the two cars. I had found that the treatment in 42 C.J. of the title Motor Vehicles was very complete. So I took down that volume at once and turned to the analysis at page 563. The skeleton analysis on that page directed me to page 575 for a subanalysis of subdivision 'XIV. Injuries from Operation of Motor Vefound the subdivision 'C. General hicles'. At page 575 I quickly Proximate Cause', referring to Rules Affecting Liability... 2. ing to that page and running sections 587-590, page 886. Turnillustrations of cases in which through the subdivision I found damages were awarded against a party who had not come in direct contact with the persons injured, in note 74 [e] and note 77 [a], on page 888, and note 83 [a], on page 889. In this instance also I was retained to handle the case upon a suitable arrangement.

"Soon after lunch, a stranger immediately Mary followed him. came into the office, and almost looking for an attorney to handle She heard him say, 'I have been a case for me. I prefer a young attorney who can give it the necenough in it to do his best. But essary time and will be interested I want some one who is equipped to do the work.

When I saw

that express load come in here
this morning, I inquired what it
was and learned that it was a set
of the best law books on the
market. So if you are ready to
do business, here I am.' I hesi-
tated and turned to Mary, but she
said at once that she would wait,
so I took the stranger into my
private offices.

"He told me that his firm h contracted with the school di trict to install heating and ve tilating systems in school buil ings to be erected. The wo was to be done under the supe vision of an architect and bil to be paid as the work progresse final payment to be made wh the work was completed to t satisfaction of the architect w should certify the bill for pa ment. The work was all co pleted, but the architect refus to give his certificate, requir to obtain the final payment.

The questions immediate arose in my mind whether a ren

edy was available against the a architect. On the first question chitect, and whether the distri could be sued, disregarding th

builder and architect of rejectio found the effect as between of the work discussed in Arch

tects, 5 C.J., section 25, page 27 The form of the action by considered in section 45, page 27 builder against an architect With reference to the relation the contractor and his employe I found the duty of the archite to give approval to a contra treated in Building and Constru tion Contracts, 9 C.J., sectio 106, page 766. The refusal of certificate by the architect as a action between the builder an excuse for non-performance in a the owner is discussed in sectio bility of evidence of the fraudu 103, page 763. And the admissi lent withholding of the certificat in an action by the contracto section 220, page 880. So agai against the owner is presented i agreeable to my client. everything was settled in a wa

"When he was gone, Mar came in to talk with me. She said in the first place that she wanted to acknowledge that she


What she heard from my caller
wrong about the books.

convinced her that I had done the
right thing. I told her of the
outcome of my session with him
and the other cases, and she was

She was convinced still have more money than if I that I could pay for the books and went without them. So we took up our personal plans and are going ahead with them."

"In other words, when you confided in her with a frank story of your plans, she was ready to co-operate heartily," said Gray.

right way to look at it," said "I suppose that may be the Green.

"I am sure of it," said Gray. "I congratulate you on the happy outcome, and wish you all success and happiness."





one Number.

Class of...

B. P. L. S. 1-29

News of Schools (Continued from page 5)

mer session courses will be given by Professors Bogert, Freund, Hinton, Puttkammer and Kent of the regular faculty, and by Professor Hallen of the University of Texas, Professor Jacob of the University of Idaho, Professor Kulp of the University of Oklahoma, Professor Maggs of Columbia University, Professor Mechem of Kansas University, and Professor Tefft of the University of Nebraska.


Drake University Law School,
Des Moines, Iowa
Courses in the following sub-
ects will be given in Drake Law
School during the summer
sion: Agency, Bills and Notes,
Insurance, Legal Instruments,
Mortgages, Persons, Quasi Con-
tracts, Titles to Land, Torts,
Wills and Administration.

Professors Rowley, Tellefson,
Vrooman, Assistant Professor
Ladd, and Dean Morrow will
conduct courses.

Trial of Trial by Jury
(Continued from page 1)

News of Schools
(Continued from col. 1)

University of Mississippi,
Oxford, Miss.

Work has been commenced on the new law building, and the contractors say they will put us in it by the middle of next September.

From $8,000 to $10,000 will be spent in the near future in mak

making it one of the most up to date in the South.

unfortunately are not remediable. keen observation, analytical dis-
by those upholding the system, balancing of testimony, requiring
They are inherent, and can be crimination, logical deductions,
cured only by abolition of the and the thoughtful application of
system. Dean John H. Wigmore the principles of law to the facts,
of Northwestern University Law I am compelled to seek the aid
School, in the Journal of the of twelve men wholly inexperi-
American Juridical Society, says: enced and unaccustomed to such
"Jury trials_work badly and are delicate and exacting work, ut-
inefficient. They exude an aroma terly unlearned in the law, herding additions to the law library,
of repellance to the citizen, of them together like a bunch of
shame to the legal profession, and cattle, have their passions and
of doubt to the chambered stu- prejudices appealed to, then look
dent of political science." And to them for correct decisions.
William Lyon Phelps said recent- The whole thing is ludicrous, il-
ly in Scribner's Magazine: "I logical, impractical, and thwarts
nominate for the ignoble prize justice."
'Trial by Jury'. More than forty
years ago I heard that distin-
guished jurist, Edward J. Phelps,
say in a public lecture, Trial by
jury is a good thing that has out-
lived its usefulness'. Today it
looks like a bad thing which con-
tinues to demonstrate its useless-

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The human element is perhaps the greatest inherent defect of the jury system. Passion and prejudice are injected into trials. Unscrupulous lawyers do not hesitate Wanderbilt University School of to appeal to the prejudice of Law, Nashville, Tenn. This school announces its reguar summer session of ten weeks, eginning June 24th and ending August 31st, 1929. The followng courses will be offered: Bankruptcy, Bills and Notes, Conflict of Laws, Contracts, Evience, Private Corporations, Pubc Service Companies, Torts, Trusts.



All summer courses are given n the full winter basis, and will e credited towards graduation. All students matriculating must official transcript howing due completion of two ears of college work. Such anscripts should be forwarded advance of the opening of the =ssion.

Matriculation and registration ill be taken June 21st and 22nd. The attention of students who ontemplate entering the school 1 September, 1929, is called to e opportunity afforded them by e summer session to obtain the w degree some ten months earer. By taking summer law ork in 1929, 1930, and 1931, tolling the equivalent of one ear's work, and by attending the all, winter and spring sessions 1929-30 and 1930-31, a student an graduate at the close of Augst, 1931, while a student who

ters in September, 1929, and ho takes no summer work, will ot complete his course until ane, 1932.

(Continued col. 4)

juries toward wealth, corpora-
tions, and the personal or racial
unpopularity of litigants. As a
result, what should be a cool, im-
partial effort to ascertain the
rights of parties under the law,
becomes a windy, brazen attempt
to confuse the issue by an appeal
to prejudice.

Citation has been made (prob-
ably by some malicious person) of
a case where a man had mur-
dered both his father and mother,
and the jury recommended him to
mercy on the ground that he was
an orphan!

This is a clean-cut statement of the whole case.

It is not possible here to go into the history of the jury in English law, but it is well to remember the jury today is a very different body in its powers from the jury as known in the time of Magna Charta. In its origin, the jury was summoned from the neighborhood, was made up of men who knew the parties and the case. Their verdict was based on their own knowledge of the facts, and could not be set aside by the court. With the growth of the practice of summoning witnesses, a struggle between court and jury began, and has ended, in our day, in a very definite control by the court. The judge passes on what evidence may go to the jury; the jury cannot act except upon the evidence of witnesses and not

upon its own knowledge; the
judge can direct a verdict for
either plaintiff or defendant, if,
on the evidence before him, he
believes plaintiff has not made out
a case, or that plaintiff's case has
not been met by defendant. The
The evils of the jury trial are judge can set aside a verdict for
legion. They are so universally misconduct, or where the verdict
acknowledged it is not necessary is against the evidence. On all
even to name them. That the questions of law the jury is
jury affords an opportunity for bound to follow the instructions
bribery and corruption is irrefut-of the court as to the law. This
able. The jury system is a is aptly shown in a recent article
source of inconvenience to the by Dean H. S. Richards of Wis-
business man on account of loss consin University Law School on
of time while serving as a juror. "The Jury System".
The juror has no sense of indi-
vidual responsibility; he is not
required to give reasons for his


It is urged that with so full a measure of control attained, why should we not take the next logical step, and make the judge the One of the profoundest of trier of the facts, and thus avoid lawyers a short time since illus- the evils of a jury trial. In equity trated the folly of our jury sys- the judge has always had this tem in this manner. He said: "If power. In the growing practice my watch is out of repair, I seek of setting up boards and comthe services of a jeweler; if I am missions as instruments of govsick, I call a physician; if my ernment, we have a striking inautomobile gets out of repair, I stance of the settlement of imemploy a mechanic; if I want a portant controversies without a house built, I look for a carpen- jury. The Honorable Justice ter; but if I have a complicated Charles C. Nott, Jr., Judge of case to be tried, involving a care- the Court of General Sessions, ful, dispassionate weighing and (Continued page 9, col. 2)

George Washington University
Law School,
Washington, D. C.

Plans have been completed for the summer session of two terms of six and one-half weeks each, the first beginning June 17, closing July 31; the second beginning August 1, closing September 14. All of the members of the resident faculty will conduct courses in the summer session except two: Professor Charles S. Collier, who will spend the summer at his old home at Kinderhook, New York, and Dean William C. Van Vleck, who will teach Conflict of Laws at the law school of the University of Michigan. Professor Hector G. Spaulding will be acting dean during the summer session.

There will be two visiting professors. Professor Thomas C. Lavery, Rufus King Professor of Constitutional Law at the University of Cincinnati Law School, will give the subject of Insurance during the first term, and Municipal Corporations during the second term. Professor Lavery is a graduate of George Washington University with the A.B. and LL.B. degrees, and has been a post-graduate student at the Yale Law School. He was associate professor of law at George Washington University 1920 to 1924. He resigned to become a member of the Committee on Appeals and Revenue for the Bureau of Internal Revenue. From that position he went to the University of Minnesota, where he was professor of law for several years, and from that institution he went to University of Cincinnati Law School. Professor Lavery was also professor of law at the Cornell Summer School of 1928.


Professor Horace E. Whiteside will teach Agency during the first summer term. Professor Whiteside is a graduate of the University of Chicago with the A.B. degree, of Cornell University with the LL.B. degree, and of Harvard University with the S.J.D. degree. He was Ezra Ripley Thayer Teaching Fellow at Har(Continued page 9, col. 1)

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