CHARACTER INVESTIGATION OF BAR APPLICANTS getting away from the fundamentals of the profession. The practice of law never was intended to become or take the place of a business but always to Occupy the realm of a profession, and its chief function and importance is not money making but service. The fact that the profession is rapidly gravitating towards business naturally attracts to it many who are morally unfit and who soon bring disgrace upon the profession and they land in jail or the penitentiary, or both, or at least ought to be there. I have no patience with the legal thief, the dishonest, shortcutting lawyer. I am in favor heartily of a committee that shall enter into the moral worth and scrutinize the same carefully of every applicant for admission to the bar. I am not a member of the Supreme Court, and have never been. I was Referee in the court for six years, which I may probably designate as an unofficial member of the court, as I performed all the duties that the court performed and some beside. I am a member of the District Bench of the 13th Judicial District of Oklahoma, in which is located Oklahoma County and Oklahoma City. WYLEY JONES, Judge of the District Court of Oklahoma, Oklahoma City, Okla. Tennessee The Law Student, Your letter of November 24th in regard to character investigation of applicants for admission to the bar has been received. It seems to me that the practice instituted by Chief Justice Marshall of Ohio is excellent. A committee of the applicant's local bar should be able to estimate his fitness for the profession better than any other tribunal of which I can think. (Continued from page 21) successfully, he would be en- There has been some criti- GRAFTON GREEN, Vermont The Law Student, known to any member of the We think that so far as our A. J. VINJE, Idaho The Law Student, Our Committee, which ex- FRANK L. FISH, Associate Justice of Supreme Court of Vermont. Wisconsin The Law Student, Replying to your letter of It is expected shortly to SAM S. GRIFFIN, Bar, New Brunswick Educational Requirements In The Law Student for October 1st, we erroneously stated that New Brunswick by way of general education for admission to the bar requires less than a high school education. We take pleasure in correct- a three years' course; (2) by passing the examination held by the Board of Law Examiners appointed by the Supreme Court; and (3) by admission of foreign attorneys. In Tennessee, admission to the bar is regulated_by_statute. We have a State Board of Law Examiners, functioning under the supervision of the Supreme Court, who pass on the legal attainments of the applicants. Section 5776, The faculty of the law Thompson's-Shannon's Code, school have ample opportunhowever, provides that "The ity and are capable of judgapplicant for license a to ing the character qualificapractice law in the Courts of tions of students under their this State, shall produce the instruction and observation certificate of the County Court for three years. of the County where he has usually resided, that he has attained the age of twentyone years, and is a man of good reputation." Having obtained such a certificate from his County Court, under our Statutes, the Board of Law Examiners would be required to examine the applicant. If he passes the examination The Board of Law Examiners are required to and do make thorough investigation as to the character of applicants for examination. Foreign attorneys, seeking admission as such, must file their application at least 60 days before it is acted upon and in cases of any doubt or where the applicant is not Revision of the existi laws so as to permit Japan law is that it serves as an Another attraction of the women to practice as att neys is proposed by the le avenue of approach to numer- investigation committee of ous occupations. It is quite Japan Bar Association, a natural step for a lawyer to will be submitted to the G And a place for himself in of the Diet for approval. go into political life, or to ernment and the next sess some corporate organization. In fact, it is rare to find any business organization of any magnitude which does not include a lawyer in its per sonnel. The law is one of the chief for individual effort. In conclusion, let me ex- PEPPER A Professor on the Casebook Collateral The American Law Book Co., Dear Sirs: I am in receipt of your references to the Corpus I believe that you have hit on a very happy idea, JOSEPH M. CORMACK, THIS COMPLETE, COMPACT, AND UP-TO-DATE LAW LIBRARY IS THE MOST ESSENTIAL PURCHASE A LAW STUDENT CAN MAKE It Comprises The only complete and the best Compilation and Statement of the Law of your own State, of the other States, and of the Federal Courts, with citations of All Authorities and Boundless Quotations from the Cases Quoted and Cited by the Highest Courts; more than 250,000 times It Gives Every Rule of Law, followed by This coupon will bring you the particulars of our easy term offer to Law Students. Please mail me your Special Offer on Corpus Juris- Name Address.... Give name of your school.. L. S. 1-1-27. and Maxims 1c. Paid Brooklyn, N. Y. Permit No. 358 Mr.Marion Rice Kirkwood, % Law Sch. Stanford Univ, Calif. THIS BOOK WILL HELP YOU PASS THE BAR EXAMINATION 500 Actual State Bar Examination Questions, RICHARD L. MONTAIGNE REAL ESTATE 51 CHAMBERS STREET NEW YORK Cases on Code Pleading, Cases on the Law of Adby Archibald H. Throckmor- miralty, by George de Forest ton, Professor of Law in Lord, of the New York Bar, Western Reserve University, Special Lecturer in Admiralty v and 899 pages (American Law, Columbia University Casebook Series)-West Pub- Law School, and George C. lishing Company, St. Paul, Sprague, of the New York Minn., 1926. Bar, Assistant Professor of This selection of cases and Law School, vii and 837 pages Law, New York University other material provides a practical work for the study West Publishing Company, (American Casebook Series) of the system of code plead- St. Paul, Minn., 1926. ing first adopted in New York in 1848 and now in use in have both taught the subject The editors of this work about thirty states. The text of the codes of the more imto law students and have portant jurisdictions has been practiced at the Admiralty Bar. It embraces extensive reproduced, and the recently adopted New York Civil annotations covering most of Practice Act is included. the questions of admiralty law arising in any practice-this book of value to practitionwith a view to making the ers. Cases relating to admiralty procedure have not been included on account of limitations of space. BOOK REVIEWS Every effort has been made Brief Making and the Use of Law Books, by Roger W. Cooley, Professor of Law, University of North Dakota, iii and 1092 pages-West Publishing Company, St. Paul, Minn., 1926. The fifth edition of this well-known work is in six parts, the first on where to OUTLINES for REVIEW find the law, the second on The student who will sup plement his school work by a careful study of this book, $200 No. 1 FIRST BOOK OF No. 2 UNITED STATES No. 3 CONSTITUTION ANNOTATED $200 THE COLLEGIATE TAKE ADVANTAGE OF THESE SPECIAL OFFERS No. 4 MONEY SPENT IN BUYING USEFUL BOOKS IS NEVER WASTED In my preparation for the bar examination of this State, I used your ing Company, St. Paul, Minn., No. 4 and any two of numbers 1, 2 or 3.... 6.50 book Series)-West Publish- No. 4 and any one of numbers 1, 2 or 3... 4.75 You are invited to take advantage of these offers changes gradually introduced and to fill in the order blank below, mailing it to us into the system of equity with your check or money order. pleading in order to cope with more modern conditions, also the radical departures in the Federal Courts resulting from the adoption of the Federal Equity Rules of 1912. Nevertheless, the author in his preface acknowledges obligation to the treatises of Story and Daniell as well as other authors mentioned in the footnotes, particularly Professor Shipman. author of the old Hornbook on Equity Pleading. The volume serves to modernize the Hornbook Series in an important subject. Send me the following books, for which I inclose (or send C. O. D.): Name If student, state law school or office. L. S. 1-1-27 Chairman of the Ohio Board of Bar Examiners [Editor's note: We publish here- libraries. The works in those the with in full report to the Supreme Court of Ohio submitted by Willis Bacon, Chairman of the Ohio Board of Bar Examiners, on the test in legal research given to applicants for admission to the bar at the examination in Memorial Hall, Columbus, Ohio, December 7th and 8th last. This report speaks for itself, both as regards the success of mechanical details involved in giving the test to a large number of applicants, and in regard to the intrinsic merits of such a test in connection with the bar examination. The Law Student feels that it is privileged to make public this splendid report, which in fact marks a new and important development in legal education and preparation for admission to the bar. Mr. Bacon is to be congratulated upon his report, as all our readers will realize when they have finished its perusal. We desire in this place to acknowledge our sense of obligation to Mr. Bacon, who, pursuant to his duty and desire to forward the best interests of the public and legal profession in Ohio and elsewhere, undertook and has successfully carried through to a conclusion the burden of giving this particular examination, of grading the papers, and of reporting thereon to the Supreme Court of Ohio. Accompanying Mr. Bacon's report to the Court were certain photostatic copies of specimen briefs submitted libraries were the: Ohio General Code, Corpus Juris CYC Sys- Northeastern Re- L. R. A. Digest and The space in each alcove or (Continued page 14, col. 3) on the examination. We regret our Kansas Will Examine in inability, on account of limitations of Supreme Court of Ohio, Gentlemen: NATION. They By authority of your court, the committee gave an examination in research work to the 293 applicants for admission to the bar on December 7th and 8th, 1926. The particular part of the work of this examination was placed in charge of the undersigned. Research in June BROOKLYN, NEW YORK 24 pages CHARLES SEYMOUR WHITMAN Charles Seymour Whitman, President of the American Bar Association, was born August 28th, 1868, at Hanover, ConLaw Examiners to Give Test necticut. He graduated from Amherst College in 1890 with the degree of Bachelor of Arts, and studied law at the New York University Law School, from which he graduated in 1894 with the degree of Bachelor of Laws. He received the degree of Master of Arts from Williams College in 1904, and has received the degree of Doctor of Laws from Amherst College, New York University, Williams College, Hamilton College, Syracuse University, and Western Reserve University. We have just been advised by the State Board of Law Examiners of Kansas, through RE: EXPERIMENT OF Dean H. W. Arant of the UniRESEARCH TEST versity of Kansas School of AT THE DECEM- Law, that it has been decided BER BAR EXAMI- by unanimous vote of the examiners to give a test in legal research or the use of law books at the next law or bar examination in that state to be held in June. We have been informed only of the mere fact that the examination will be given, and are not in position to outline any details. We presume, however, that the test will be conducted along the lines tried out early in De- Mr. Whitman is a member of the New York City. County cember in Ohio by the Board and State Bar Associations, also of the American Bar Assothere under the chairmanship ciation. He has represented his state on the General Council of Colonel Willis Bacon, whose of the latter Association, and for the past three years was report appears in this issue. on its Executive Committee. He has been a member and This report was in the hands chairman of the Association's Special Committee on Law Enof the Kansas Examiners forcement. when they took the matter up for consideration. After his admission to the bar in 1894, Mr. Whitman began the practice of law in New York City, and became active in civic and political affairs. He was assistant corporation counsel for the city under Mayor Seth Low, and was city magistrate from 1904 through 1907. Governor Charles E. Hughes appointed him judge of the Court of General Sessions in 1907, and in 1909 he was the Anti-Tammany candidate for District Attorney of New York County. In 1913 he was reelected District Attorney with the endorsement of both the Republican and Democratic organizations. As stated by the court, this examination was mainly for the purpose of experimenting to find out whether or not it was physically possible to put on such an examination to a large class in connection with the regular examination and within the same time; and also to determine what ability if any in the line of research, it showed. Any further information regarding this test in Kansas which we are authorized by the Examiners to publish will be given in this space in fol For a class of 293, there were arranged five alcoves of books with five research lowing issues. In 1914 he was elected Governor of New York and reelected in 1916. In 1918, on the expiration of his second term, he returned to the practice of law, which he has since followed. Mr. Whitman is a member of the University, Metropolitan, FEBRUARY 15, 1927 NEWS OF THE Brooklyn Law School Brooklyn, N. Y. Vice Dean John H. Easterday, of the Brooklyn Law School, is planning to devote a portion of his present sabbatical year's leave of absence to a trip to California in the southwest, where he expects to visit a number of the law schools in that vicinity. Mr. Easterday has now completed his three volume case book on the law of Real Property, which will be used hereafter in all the courses in Real Property in the Brooklyn Law School. The case book emphasizes primarily the law of Real Property in the state of New York. Professor Leon G. Godley, in addition to his work connected Iwith the Transit Commission in New York City, of which he is a member, has found time to publish an "Outline of Equity" to accompany the case book used in the course in Equity in Brooklyn Law School. New Jersey Law School Newark, N. J. Beginning with 1927 New Jersey Law School will require, as a condition of admission, at least one year of previous successful study in a college, or its equivalent, and beginning September, 1928, two years of previous successful study in a college or its equivalent. Both the first and second year of college work will be given by New Jersey Law School. The first year of college work which will meet the entrance requirements for 1927 is given beginning February 2, 1927, and continuing until September, 1927. The second year of college work is being given for the first time beginning February 2, 1927, and will continue to September, 1928. cludes Alden G. Alley, A.B., The prelegal faculty inA.M. (Harvard), Professor of History; John E. Bebout, A.B. (Rutgers), Professor of Government: Rajaran V. Gogate, A.B., A.M. (University of California), Ed.M. Professor of Philosophy: Fred(Harvard), erick H. Groel, A.B. (Princeton), LL.B. (Harvard), Instructor in Public Speaking: George S. Harris, A.B. (University of Vermont), LL.B. (New Jersey Law School), Professor of Law: Stephen DeWitt Stephens. A.B., A.M. (Wisconsin), Ed.M. (Harvard), Professor of English; Eugene Greider, A.B. (Har(Continued page 6, col, 1) "The Law Student" is published at intervals of six weeks from October 1st to May 15th during the law school year. This is the fourth number for the school year 1926-1927. The next number will be published April 1st, 1927. Colonel Bacon's Report We desire to call the attention of our readers to the report to the Supreme Court of Ohio beginning on page one made by Colonel Willis Bacon of Akron, Ohio, chairman of the Board of Bar Examiners in that state, regarding the test in legal research which was given to 293 applicants at Memorial Hall, Columbus, Ohio, December 7th and 8th in connec tion with the bar examination held on those days. Editor .$1.00 per year ...Free Free No. 4 DON'T WEAKEN NOW. tice does not advise clients, does not prepare, try, and argue cases, principles of law gained from on his knowledge of fundamental study in school, but rather on the result of searching his library after he has first made up his mind tentatively on a given question and then gone to the books to verify his independent conclusion as to what principle or principles control. As stated above, Colonel Bacon's report also demonstrates the necessity for incorporation of a research test in the bar examination if such examination is to be in fact an adequate test of each applicant's ability to practice law, to serve his clients to the full, and to perform his duty to the courts of which he is an officer. As the report discloses, a very small percentage of the applicants demonstrated any capacity to use the books which are the tools of their profession. The research libraries furnished for their use contained the following works: Ohio Statutes, Page's Ohio Digest, Northeastern Reporter Digest, Ruling Case Law, Digest to the Lawyers Reports Annotated and the American Law Reports, also Corpus Juris-Cyc. These works are practically exhaustive of those which the Ohio lawyer must use in verifying his opinions as to the law controlling a given state of facts and in briefing his cases. He may prefer to use one or the other type of search work included in these research libraries, but one or the other he must use. This research As to the matter of practicabili- examination at Columbus proved ty, Colonel Bacon's very able re- beyond dispute that the great port makes abundantly evident majority of applicants for admisthat the research examination in sion to the bar are unable to take Ohio entailed no confusion and a simple state of facts in the form no disturbance of the normal ex- of a question, to analyze it, to amination, also that many more state the principle controlling, and applicants than the number actu- to support such principle by accually handled (293) could have rate citation of authorities after been examined in the use of law searching the works specified books with just as little confusion above. In other words, bar applimerely by increasing the library cants in Ohio (and elsewhere, of facilities. In fact at the next examination there will be approximately 600 applicants to take this test, which number can easily be handled by doubling the number of This report conclusively establishes two facts-first, that it is entirely practicable to give a test in legal research to a large number of bar applicants without any confusion or interruption of the normal examination; second, that addition of a research test to the bar examination is necessary if the examination is in fact to be an adequate test of the ability of each applicant to practice law. course) have been securing admission to practice without having demonstrated their fitness therefor. It is surely unnecessary to argue in this place that a lawyer in prac mission to the bar the new lawyer If it be argued that after adrapidly acquires from practice facility and expertness in the use of law books, this assertion must be categorically denied. In the first place, many lawyers who have been long at the bar really know very little regarding the principles and methods of legal researchan assertion which can be supported by reference to the files of the large law publishing companies, which receive each year an enormous volume of correspondence from lawyer subscribers who are unable to exhaust the books on particular questions that come up in practice, and hence write in for research department assistance. In the second place, it can be asserted without possibility of contradiction that the newly admitted lawyer should be fully equipped to prac JOHN V RANC to tice his profession, to perform properly his duty to the courts and individual has been licensed to his clients. The fact that an practice law should mean that he has demonstrated to the licensing board his entire fitness to practice. showing of a memory and reasonHe should not be licensed on the ing test only, and left to acquire training in research and the use of books at the expense of such fortunate enough to become his portion of the public as are unclients. If it be asserted that legal research is a subject which cannot successfully be taught in school so that it would be useless for bar examiners to include a test in the use of law books, this assertion must also be categorically denied It is usually coupled with the statement that experience only car give the lawyer facility and expert ness in the use of his books, bu as a matter of fact fessor who has actually given in law every pro school a course in the use of lav books will testify that the ver briefest course of lectures, couple with training in working out actua problems, not only cuts down th time which a class requires to do given amount of research work bu also greatly increases the per |