The Legal Research Department is maintained by the American Law Book Company for the benefit of, and without cost to, its subscribers. Its purpose is to direct the lawyer to the pages in the Corpus Juris-Cyc System which cover his case. If you are seeking to determine a proposition and have difficulty in finding where the law is stated, write us, stating the facts of your question clearly and tersely. We will tell you where, in the Corpus Juris-Cyc System, the law and supporting cases may be found. Following are a few examples of how the questions should be framed. These are actual questions which have been submitted. The answers by our research department follow each question. In an action for a liquor injunction, where the defendant is served with summons, but fails to appear personally or by attorney, and injunction decree is entered by default, and no notice is served on defendant, and he has no knowledge of the injunction, can he be held for contempt of injunction? The answer of the Legal Research Department referred the subscriber to 32 C. J. Injunctions, p. 486, section 841, and 33 C. J. Intoxicating Liquors, p. 701, section 416. The subscriber wrote as follows: "We received your telegram. Many thanks for your very prompt service. It will probably be pleasing to you to know, by reason of authorities discovered, I was able to convince the court according to our contention." ford ground for cancellation? (2) Are B and D the proper parties defendant to the action? De The Legal Research partment referred the subscriber in answer to the first question to 13 C. J. Contracts, section 315, p. 400, and 27 Cyc Mortgages, pp. 1124, 1132; and in answer to the second question, to 9 C. J. Cancellation of Instruments, section 138, p. 1229. A defaulted on a contract secured by indemnity bond to B. B started suit against A as principal defendant and also against C and D as guarantors. B discovered that C has died some time before suit was started but continued to proceed against A and D. A pleaded the general issue and gave notice under a special plea that the signature which appeared upon the contract of guaranty was not that of defendant D. In the trial, a handwriting expert was produced and gave his reasons for arriving at the conclusion that the purported signature appearing on the contract of guaranty was not that of D, that is to say, it was not the genuine signature of D. The expert stated that he not only arrived at the conclusion from the examination of D's signature alone, but from the examination of both signatures C and D, as appeared on the contract. This was promptly stricken from the record by the trial judge. Was the testimony as to the examination of C's signature admissible under D's pleading? The answer of the Legal Research Department referred the inquirer to 9 C. J. Bonds, section 209, p. 116. The inquirer wrote as follows: "Yours at hand Can a convict tnake a good deed ? Vermont Research Test (Continued from page 1) Below we reproduce this examination, with the "special instructions," as to the research test, and print Judge Button's report as to the success of the examination. The essence of his report lies in his statement that the experiment has proved well worth while, and we commend his remarks to the attention not only of law students, but particularly bar examiners, judges, and others interested in the test required for admission to practice. What we have to say on the general desirability of adding a research test to present bar examinations will be found in our editorial columns on page two; here we think it more fitting to let Judge Button's very clear and very interesting report speak for itself. THE EXAMINATION Pleading Common Law 1. Action in assumpsit on the common counts, to which citing me to the point which I defendant pleaded the general issue. On the trial plaintiff have been looking for for introduced evidence tending to show that he has sold and some time in the case which delivered to defendant certain coal pursuant to a contract I previously submitted to you. between them. Thereupon the defendant offered to show Section 209, page 116, is ex- that a portion of the coal had been sold and delivered to a actly in point with a conten- firm of which defendant was a member and not to him tion I have made in this case individually. Was the evidence admissible? right from the start. . . and I want to thank you very kindly for your efforts in furnishing me with this information." Several purchase money notes were given for a piece of land. The deed gave one note priority over the others. This one note was transferred to A, and the remainder to B. Upon default in payment of B's notes, he seeks to foreclose his vendor's lien to the exclusion of A, claiming as a holder in good faith. A claims priority under the provision in the deed. Which prevails? The answer of the Legal Research Department referred the subscriber to 39 Cyc Vendor and Purchaser, p. 1815. The subscriber wrote as follows: "Your letter to hand and thank you very much for same. It has been the means of my settling a perplexing question as to the priority of vendor's lien notes. Before writing you I searched closely our Tennessee Digest on the subject of Vendor and Purchaser, but was unable to find a citation of authorities on the point desired. By referring to 39 Cyc. Vendor and Purchaser, page 1815, set out in your letter I found the case of Nashville Trust Co. vs. Smythe, 94 Tenn., 513; 29 S. W. 903; 27 L. R. A., p. 663, which discusses the question fully and settles the point. The inference is that Corpus Juris and Cyc. are better Digests of Tennessee authorities than our own digest." 2. A declaration contains five counts, one good common count and four bad special counts. A general demurrer is filed to it. Should the demurrer be sustained? 3. In an action to recover for a building destroyed by fire originating in a depot of defendant railroad, the plea denied that defendant railroad "negligently and careless y set fire to its depot," as the complaint alleged. Was such plea good or bad, and why? 4. A sued X in assumpsit, his complaint alleging an agreement between X and Y to submit their (X and Y's) partnership matters to arbitrators, the agreement providing that X should pay debts of the partnership found to be due by the arbitrators. A's complaint further alleges an award by the arbitrators whereby X was ordered to pay A $125.00 and that X "owes him $125.00, the sum so awarded by said arbitrators." Was A's complaint good or bad and why? 5. Plaintiff's complaint was defective in substance. Defendant filed a plea also defective in substance, to which plaintiff demurred. What judgment should be rendered as to the sufficiency of the plea, and why? 6. Defendant's avowry in replevin justified the taking of the animal on the ground that it was taken damage feasant on defendant's close. Defendant's replication to plaintiff's plea to the avowry alleged that plaintiff's and defendant's lands were occupied in common. Demurrer to defendant's replication. Was the replication good or bad and why? 7. Plaintiff alleged that he went to the dwelling house and usual place of abode of the defendant to deliver a certain deed. The plea averred that plaintiff did not go to the "house of defendant." Is the plea sufficient, and why? Practice Act 8. In action on a promissory note given for the price of farm machinery, defendants pleaded a false warranty by plaintiff. At trial, over plaintiffs' objection, the court allowed defendants to amend their answer to allege false and fraudulent representations by plaintiff inducing defendants to make the purchase for which they gave the note. Should the court's action be sustained? 9. In an action on a promissory note by an indorsee of the original payee, defendant by notice of special matter in defense set up that the oats for which the note was given were not of the kind called for by the contract and were worth less than the amount claimed. Is the defense good? 10. In an action under the common counts in assumpsit. joining a special count in tort, there was a general verdict for plaintiff and also a special verdict fixing the damages found under the special count in tort and included in the general verdict. Defendant moved to reduce the general verdict on the ground of misjoinder of cause of action in tort with the common counts. Was such motion proper procedure? Special Instructions After answering the ten questions above in the usual way, applicants will each take one question, as assigned by the examiner, go to the state law library, and use all the following books in searching for an answer to such questionGeneral Laws of Vermont Vermont Reports (Continued page 16, col. 4) News of the Schools (Continued from page 1) Drake University Law School Des Moines, Iowa The following additions have been made to the faculty: Scott Mason Ladd, A.B., Grinnell College, LL.B., State University of Iowa, instructor of Law. Mr. Ladd is a Phi Beta Kappa and a member of the Order of the Coif. He has practiced law three years and was formerly an instructor in debating at Grinnell. Paul Hubert Williams, A.B., State University of Iowa, LL.B., Drake University, J.S.D., Yale University, and Jude Charles Hutchinson, formerly judge of the district court of Iowa, have also been added as instructors in law. Judge William H. McHenry, who has been professor of law for the past twenty-nine years, was called away by sudden death. Arkansas Law School Little Rock, Ark. Arkansas Law School has the largest enrollment since the war. More former students have returned and there are more new students than any year since the war. George W. Hendricks, excircuit judge, will lecture on Equity for the year 1925-1926; Samuel Franenthat, ex-justice supreme court of Arkansas, will lecture on Corporations; and William T. Hammock, exassistant attorney general, will lecture on Domestic Relations. Medical Jurisprudence and Public International Law will be included in regular courses and taught by special lec tures. Northwestern College of Law Minneapolis, Minn. Judge Manley Fosseen of the municipal bench in Minneapolis has been elected to take charge of the courses in Common-Law Pleading and Code Pleading. Judge Fosseen is a University of Minnesota man and has served on the bench three years. Attorney Thomas Kneeland has been elected to take charge of the work on Taxation. Mr. Kneeland served four terms in the Minnesota legislature and while there was COLLEGE OF LAW, UNIVERSITY OF CINCINNATI, The Cincinnati Law School was founded in May, 1833, by John C. Wright, Timothy In 1835 the school was incorporated with the Cincinnati College, and from that time it was conducted under the name of the "Law School of the Cincinnati College." It is today the only department of the old Cincinnati College that has survived. The quarters of the school were for many years in the College Building on Walnut Street, between Fourth and Fifth Streets, on the site of the Old Lancaster Seminary, of which it is the direct and sole successor. In 1918 the Law School of the Cincinnati College became a part of the University of Cincinnati as the College of Law, under which name it is now conducted. The college has a substantial endowment, including, among others, the funds of the Rufus King Chair of Constitutional Law created by the will of Rufus King, a professor in the school from 1875 to 1891, and of the G. H. Wald Professorship of the Law of Contracts created by Mrs. Betty Wald and Richard H. Wald in memory of Gustavus Henry Wald, former dean and member of the faculty of the school from 1896 to 1903. The College of Law is at present located on Clifton Avenue, two squares west of Vine Street, and is readily accessible by street car, within a fifteen minutes' ride from the center of the city. Through the generosity of Mr. and Mrs. Charles P. Taft, who have contributed The library contains over fourteen thousand volumes, including all of the leading He also has charge of the Northeastern University There are 78 freshmen at Dickinson School of Law Los Angeles, Cal. course in Oil and Gas will be added to the regular curriculum of the school with, for the present, Professor William R. Arthur in charge. The school lost practically one half of its students at the close of the school year 19241925 by graduation and ordinary vicissitudes. The freshman class the beginning of this year is larger than any class since the school went upon the two-year preliminary college work basis in 1912. Louisiana State University Baton Rouge, La. Professor G. W. Stumberg has left the law school and is now a member of the faculty of the University of Texas Law School. The new faculty members are: Mr. Odis H. Burns, A.B., University of Kansas, J.D., Leland Stanford University, associate professor of Contracts, Torts, Agency, Public Utilities, Private Corporations, Introduction to Common Law; Mr. Roy C. Gore, A.B., University of Illinois, LL.B., Ibid, associate professor of Criminal Law and Procedure, Legal Bibliography, Insurance, Real Property, Equity, and Partnership; and Mr. Joseph A. Loret of the Baton Rouge bar, who is to teach the Louisiana Code of Practice this session. On September 23d the Louisiana State University opened its doors on its new site two miles south of Baton Rouge. The buildings were constructed with the proceeds of the severance tax on natural resources, chiefly oil. The law school of the University is now housed in much more commodious quarters. Northwestern College of Law Portland, Or. Additions to the faculty this year include James W. Crawford, a graduate of Willamette University and official reporter of the Oregon supreme court; U. T. DeMartini, deputy sheriff of MultUniversity of Colorado Law graduate of the University of nomah county, Oregon, and a in Pittsburgh. He will teach School Oregon; I. F. Phipps, a graduate of University of Oregon Mr. Frederick P. Storke, a Law School; John H. Stevengraduate of the Law School son, judge of the circuit court committee, also chairman on addition to the eight former year. Fraternities are already took the graduate course at School; J. C. Veazie, forchairman of the judiciary been added to the faculty in has been very heavy this of the University of Colorado of Oregon; Lamar Tooze, a in 1917, and who subsequently graduate of Harvard Law Harold S. Irwin, A.M., Registration at the school organized and planning sev reorganization of state gov- members. Mr. Irwin will take court of the United States. prudence which is being of- dents. At present the total enroll ment of the school is 338 stu dents, the largest in the his tory of the school. There are lege electives. Westminster Law School Harvard, followed by some gards and wishes to The Law Student for another success ful year and assure the Editor Pittsburgh Law School Mr. James P. Herron has merly of the Harvard Law School, and Albert L. Grutze, trust officer of the L. Grutze Trust Company of Portland, Oregon. New courses are offered in will be chiefly in aid of the the following subjects: Curdean, who is taking a limited rent Law and Legislation, amount of work this college Conflict of Laws. Extraordi nary Legal Remedies, Insurance, Suretyship and Mortgages, and Trusts. The four-year curriculum is now in full operation and the enrollment is in excess of that of any prior year. (Continued page 6, col. 1) News of the Schools (Continued from page 5) Hastings College of Law New York University School University of Louisville Law School Loyola University in Duquesne University Law School Mr. Leon P. Lewis, Ph.B.,. Pittsburgh, Pa. The following changes have J.D., professor of law, has No new courses are being been made in the faculty this succeeded the late Judge offered this year. The course year: William C. Woodward, Charles B. Seymour as dean on Pleading and Practice M.D., LL.M., LL.D., Execuof the Louisville Law School. conducted by Mr. Garrahan tive Secretary of the Bureau Mr. Sinclair Daniel, S.B., has been extended. One hour of Legal Medicine and LegisS.M., LL.B., is the new sec- a week in the third-year class lation of the American Mediretary of the law school and will be given to the prepara- cal Association, course is teaching the classes in tion of legal documents, par- Medical Jurisprudence; LawEquity and Property, for- ticularly Pleadings. rence W. Spuller, A.B., J.D., merly taught by the late LL.M., course in International Judge Seymour. Kansas City School of Law Law; Irving Wesley Baker, Judge Francis H. Trimble Ph.B., LL.B., course in Workof the Kansas City court of man's Compensation; Hayes appeals has just been added Kennedy, A.B., J.D., course in to the faculty and will lecture Torts; Reverend James F. upon the subject of Conflict Walsh, S.J., course in Pure of Laws; Judge Samuel A. Jurisprudence; Reverend TerDew, judge of the circuit ence T. Kane, S.J., course in court of Jackson county, Canon Law. Missouri, at Kansas City, and Bernard B. Bailey, A.B., A.M., and J.D., professor of law, leaves the city to make his home in Florida. Professor Frank White, author of "White on Corporations," Professor George L. San Francisco, Cal. Clark, author of textbooks on William M. Simmons has Equity and Torts, U. S. dissucceeded Maurice E. Har- trict court clerk of New Jerrison as dean of the College sey, Professor Alison Reppy, of Law. Mr. Richard Calhoun Mr. Thomas J. Sefton and Harrison is no longer con- Mr. Godfrey E. Updike have nected with the school. Mem- been added to the law facbers of the faculty are: Mr. ulty. Professor Frank A. Morse Erskine, who is teach- Erwin has retired after thirty ing the subjects of Common- years' service. Law Pleading and Introduc- New courses on Corporation to Equity; Mr. Howard tion Law Applied by ProfesAlden Judy, who is teaching sor White, Bankruptcy by Corporations; and Mr. Greg- Professor Russell, Municipal The law school has received ory Harrison, who is teaching Corporations by Judge Clark, a great blow in the recent Code Pleading and a course in Administrative Law by Dean death of Judge Charles B. practice. Sommer, and Suretyship by Seymour, who died at the ripe The following courses are Professor Russell have been age of eighty-one, after servNew courses in Pure Jurisoffered for the year 1925- added this year. ing as dean of the school for a graduate of Kansas City prudence, Roman and Canon 1926: Agency, Property I, II The enrollment is over 1,800. the past thirty-five years. School of Law, will lecture Law, Medical Jurisprudence, and III, Contracts, Torts, Two years' college work are During all this great period upon Code Pleading; Judge International Law, and WorkCommon-Law Pleading, In- now required for admission. of service the judge was W. H. McCamish, judge of man's Compensation are now troduction to Equity, Crim-| never once absent and was the district court of Wyan- being offered. inal Law, Sales of Personal Y. M. C. A. Law School not ten minutes late during dotte county, Kansas, will lec- The School of Law has inProperty, Negotiable InstruMinneapolis, Minn. the whole time he served. He ture upon Kansas Pleading troduced a graduate course ments, Corporations I, Equity. The faculty of the law was a devout student of the and Practice; Judge Kim- open to graduates of approved Public Service Corporations. school consists of: L. R. Bar- Liberal Arts, as well as of brough Stone and Judge Arba law schools leading to the deTrusts, Mortgages, Constitu- ker, LeRoy Bowen, Donald law, and was the author of S. Van Valkenburgh, judges gree of LL.M. and, if the cantional Law, California Gov- Gridgman, Joseph H. Colman, several well-known law books. of the United States circuit didate has a previous colleernment, Conflict of Laws, William G. Compton, Robert His death, though a distinct court of appeals for the eighth giate degree, to the degree of Evidence, Code Pleading. Driscoll, A. L. Fletcher, L. P. loss to us, only served to im- district, will give special lec- Ju.D. Course in Practice, Admiralty, McNally, Fred W. Putnam, press upon our mind the great tures in connection with the and Suretyship. Wilbur D. Shaw, David course on Constitutional Law, Shearer, and Paul J. Thornpwith special reference to the son. Judge Gunnar H. Nordfollowing cases, respectively: bye and Judge Clyde R. Marbury V. Madison and White have been added to the Gibbons v. Ogden. Judge Alfaculty this year. bert L. Reeves and Judge Merrill E. Otis, judges of the district court of the United States for the western district of Missouri, will give lectures Marquette Law School in connection with the course Milwaukee, Wis. on Constitutional Law, with A course in Contracts in special reference to the cases Restraint of Trade is being of McCullough v. Maryland given by Professor William and Dartmouth College v. J. Morgan who made a record Woodward, respectively. while attorney-general of the Judge James E. Goodrich, for- state of Wisconsin in the mer judge of the circuit court prosecution of actions to reof Jackson county, and now strain unlawful trade combincounsel for the Commerce ations. Trust Company, will give special lectures on The Law of Modern Trusts. Columbus College of Law Columbus, O. Members of the faculty are: Charles E. Blanchard, James M. Hengst, Frederick N. Sinks, Hal H. Griswold, Arlington S. Harvey, and W. S. McDowell. New courses for the year 1925-1926 are as follows Trusts conducted by Colman, second semester; Taxation by New courses are being of- Putnam, first semester; Pleadfered this year in: Adminis- ing by Thompson and White, trative Law, Oil & Gas, Phil- first and second semesters; osophy of Law. Patents, Domestic Relations by NordTrade-Marks and Copyrights, bye, first semester; Wills and Public Utilities, Jurispru- Administrations by Colman, dence, International Law, first semester; and Municipal Damages, and Conflict of Corporations by Compton, second semester. The year 1925-1926 has The Y. M. C. A. Law School brought about a number of is a night institution that important changes in the law maintains the highest possible school. In the first place, the standards, and that holds the amount of classroom instruc- record of never having had tion necessary for graduation less than 75 per cent of its has been increased one third. graduates in any one year The schedule now requires pass the Minnesota state bar three hours each evening. examination, a record that is Many new courses have been surpassed by the University added to the curriculum as of Minnesota Day Law stated above. School only. Laws. Baylor University Law School University. service which one conscien- As the president of the Dr. William C. Woodward is giving a series of illustrated lectures on the subject of Medical Jurisprudence. Dr. Woodward has been for many years professor of Medical Jurisprudence in the Law and Medical Schools of Georgetown University. Mr. Frank P. Heil, LL.B., Marquette Law School, 24. has been appointed librarian Mr. Seymour was born in Louisville in 1846, the son of George Seymour. He was educated in the public schools there, and was graduated at the age of fourteen from the Louisville Male High School, one of the youngest students ever to have received a diploma there, it is said. He obtained his legal training Mr. John Griffith Madden to take the place of Miss from the Louisville Law has been appointed as an as- Agnes McCabe, resigned. School, and following, became sistant instructor. Mr. Mada teacher in the Shelbyville den received his A.B. degree public schools, remaining at the University of Missouri, there until 1871 when he formed a law partnership with Judge Isaac Edwards. Mr. Waymon B. McLeskey, In 1870, Mr. Seymour mara well-known young attorney ried Miss Frances Cowherd, of Columbus, has been made the daughter of Frank CowIdean of the Columbus College No changes have been made herd, of Green County, who of Law. His term of office in the faculty of the law died two years ago. began on January 1st of this school this year. Two mem- In the early 90s he formed year and many of the changes bers have been added, Dr. his association with the law in the curriculum and faculty T. E. McDonald, Ju.D., Le- school, and later was ap have been due to his adminis- land-Stanford University, and pointed dean, an office he is tration. He is very popular W. R. Page, LL.B., Baylor said to have treasured and among the members of the which he held until his death. student body and is receivHeretofore the student body ing commendations from the of the law school has conmembers of the Columbus Bar tained a large number of Association for the way he is literary students, taking law St. Louis, Mo. conducting the school. Many as a part of their academic Mr. George F. Logan of the new changes in the faculty course. This number has de- St. Louis bar succeeds Mr. have been brought about by creased this year, but there Thomas G. Rutledge as lechis influence. has been a considerable in- turer on Insurance, Mr. Rutcrease in the number of full- ledge having resigned. time law students working toward an LL.B. No exact figures are available at this time. At the June bar examination this year out of twelve seniors eleven passed the first time, which is a good per centage. Washington University School of Law The attendance has increased over last year. There are no new courses being of fered. the degrees of B.A. and B.C.L. University of Arkansas Law Fayetteville, Ark. Two additions have been made to the faculty of the law department of the University The Kansas City School of of Arkansas. Judge William Law has begun the construc- A. Falconer, former Chanceltion of a new building on a lor of the Tenth Equity Cirlot recently purchased at cuit of Arkansas, has been 911-913 Baltimore Avenue of elected to a professorship of this city. The estimated cost law. Judge Falconer attended of the building is $85,000, and the University of Arkansas it will be used exclusively for and also the Law School of Law School purposes. The the University of Virginia. lower floor will consist of an His translations of Cicero for elaborate lounge room, cloak the Loeb Classical Library rooms, quiz rooms. and of have attracted wide attention fices. The upper floor will and given him rank with the consist of lecture rooms with classical scholars of America. seating capacity of about 800, The courses in Property so arranged that the whole are being given by Mr. W. N. upper floor can be converted Evans who graduated from into an auditorium with ca- Trinity College, Durham, N. pacity for seating approxim- C., and from the Harvard Law ately 1,000 people. It will. School. Since his graduation when completed. be one of from law school, Mr. Evans the most elaborate law school has been engaged in the pracbuildings in the country. tice of law in Missouri. COLLEGE OF LAW, UNIVERSITY OF ARIZONA, The University of Arizona is an integral part of the system of public education established by and for the State. Its purpose, in the language of the organic law, is "to provide the inhabitants of this State with the means of acquiring a thorough knowledge of the various branches of literature, science, and the arts," and, in so far as possible, a technical education adapted to the development of the peculiar resources of Arizona. In furtherance of this purpose the College of Agriculture, the Agricultural Experiment Station, the Agricultural Extension Service, the College of Education, the College of Letters, Arts, and Sciences, the School of Law, the College of Mines and Engineering, the Arizona Bureau of Mines, the General University Extension Division, the State Museum, and the Steward Observatory have been organized. In creating the University the legislature assembly wisely unified under one management these various colleges and institutions of higher learning and investigation. The general organization of the University is in accordance with the Act of Congress of July 2, 1862, known as the Morrill Act, creating the "Land Grant Colleges." The details of its organization and government are regulated by the act of the legislative assembly of the Territory of Arizona, passed in 1885, and embodied with amendments in the Revised Statutes of 1901. The government of the institution is vested in the Board of Regents of the University of Arizona, a corporation consisting of the Governor and the Superintendent of Public Instruction of the State, ex-officio, and eight members appointed by the Governor. Appointment is made subject to the advice and consent of the Senate. The term of office is eight years, beginning on the date of confirmation by the Senate, and continuing until the appointment of a successor. In case of vacancy the Governor fills the office by appointment. The Board elects a presiding officer, who is Chancellor of the University, and, ex-officio, President of the Board. It also selects its own Secretary and Treasurer. The Board of Regents has power to control and manage the University and its properties, and to enact laws governing the University. The University Faculty is composed of the President and the faculties of the University; it conducts the general administration of the University, regulates the general and special courses of instruction, and receives and determines all appeals from acts by the faculty of any college. The proceedings of the University Faculty are conducted according to the rules of order adopted by it, and every person engaged in instruction in the University may participate in its discussion. The right of voting, however, is confined to the administrative officers and members of the teaching staff above and including full instructors. The immediate government of the several colleges is entrusted to their respective faculties, each of which has its own organization, and regulates its immediate affairs, subject to the approval of the University Faculty. The Law Library, which was opened in 1915, contains the complete reports of the U. S. Supreme Court and other federal courts, the complete National Reporter System, the decisions of the highest courts of forty-five states, complete prior to the National Reporter System, the Century, Decennial, and Key Number Digests, Cyclopedia of Law and Procedure, and Corpus Juris, the Lawyers Reports Annotated, the English Reprint, the English Law Reports since 1865, and about 350 text-books and legal periodicals. National University Law Washington, D. C. The Law School of National University opened with a larger enrollment even than last year. Harvard University Law School Dean Roscoe Pound of Harvard Law School is being mentioned for the presidency of Ohio State University, in succession to Dr. W. O. Thompson, resigned. Dean Pound recently declined to become president of the University of Wisconsin. The law school enrollment to date is 1,224. An interesting feature of this year's registration is the large number of college graduates who are matriculating. Most of these are candidates for the degrees of doctor of In a letter in the New York jurisprudence and doctor of Times Professor Manley O. civil law. These doctorates Hudson of the Harvard Law are offered in lieu of the reg- School asks some startling ular bachelor's and master's questions concerning goingsdegrees to those candidates on in Washington. Members who hold the degree of bach- of the parliaments of thirtyelor of arts or bachelor of one countries are now meetscience from a recognized col- ing in the national capitol. lege and, in addition to the The United States governregular curriculum, submit a ment is acting as host to this thesis under the supervision gathering and has increased of a member of the faculty its annual contribution to the and maintain a high standard organization. Secretary of of scholarship. State Kellogg and other The law school is maintain- prominent representatives of ing a course of three years the United States have welfor graduation and an addi- comed the foreign delegates, tional post-graduate year of and their meetings are being advanced courses and all of held in the halls of congress. the classes are at hours convenient for employees of the government. Professor Hudson asks it this doesn't indicate that America is about to become embroiled in European politics. Isn't our official con University of Kansas School nection with the Interparlia of Law mentary Union a dangerous Lawrence, Kan. entangling alliance? It is The University of Kansas pointed out that the Union School of Law opened the fall maintains offices in Geneva semester on September 10th and is closely related to the with fifty-five in the first- League of Nations. Why, year class, thirty-six in the Professor Hudson asks, second-year class, and twenty- should money belonging to nine in the third-year class. the people of the United There are nine students from States be spent in supporting otner departments of the Uni- a body that devotes so much versity taking part-time work. of its time to talking about This indicates a substantial the work of the League when increase in the first-year we have persistently refused class. Moreover, both the to allow any of our money to prelaw enrollment in the col- be spent for carrying on that lege of liberal arts and the work? enrollment in the law school point to a pronounced growth in the number of students seeking the combined arts and law degrees. Benjamin Harrison Law School Indianapolis, Ind. There has been added to the faculty of the Benjamin Professor John E. Hallen, Harrison Law School Mr. after four years of unusually Ernest E. Owens, LL.B., forsuccessful work in this school, merly prosecuting attorney of has become a member of the Hendricks County, Indiana. faculty of the University of who is lecturing on the Law Texas Law School. He has of Insurance; Mr. William F. been succeeded by Associate Quillin, long practicing atProfessor Philip Mechem, a torney of Indianapolis and son of Professor Floyd R. senator from Marion County, Mechem, of the University of lecturing on the Law of Sales; and Mr. Fred McCallister. Chicago Law School. Mr. Mechem received his under- one of the well-known criminal lawyers of Marion Coungraduate training at Harvard, ty, lecturing on Criminal Law. Chicago, and Stanford, and his professional training at Stanford, Colorado, and Chicago. For two years he was The law school this year will add a course on Legal Ethics to comply with the rules of the Marion County a member of the law faculty Bar Examining Committee. at the University of Idaho. The school has been growLast year he was a teaching ing at a remarkable rate for fellow and graduate student the past three years and now at the University of Chicago has an enrollment of 125. Law School. He will give the There is now under contemcourses in Torts, Partnership, plation a plan to extend the Wills, and Trusts. SEE SPECIAL BOOK OFFERS PAGE 20 course from two to three years, but under the present arrangement any such plan could not become effective until 1927. (Continued page 9, col. 5) A CIVIL TRIAL IN ENGLAND One trial which I attended was in the Court of Appeals, which consisted of three judges. The court room was even smaller than the one previously described, having neither the prisoner's dock nor the jury box, there being no need for either, and the there barristers' benches court-were parallel to the were wigged and gowned and there were some court officials, all in uniform; but, outside of the clerk, their duties, if any, seemed to be no more important than those of court-crier in one of our Federal courts. This particular case proved to be one of great importance, involving a large sum of money. The record appeared to consist of the original court papers and the appeal seemed to have been perfected by someone bringing the papers bodily from the trial court to the appellate court. To the casual observer, the proceedings were not unlike such scenes in our appellate courts; but to the American lawyer, closely observing, they were quite different. The barrister for the side which won in that court, with typewritten brief in hand, no copies of which seemed to have been furnished the court, opened his case by making a clear, accurate, and full statement of his causea statement which would make the average American lawyer rate rather low in this respect and then made a logical and unimpassioned argument, taking about twenty minutes of time, during which cupying even a shorter time Duties and Responsibilities is able to demonstrate their practical value in guiding the business man through a straight course of immunity from litigation. Under the old school the Under the times have inefficiency and dishonesty in the executive branch without danger to our government. We sometimes, services of the lawyer were in the legislative a business enterprise and though rarely, have graft and requisitioned at the close of branch, and still there is no when the client found himself thought of abolishing the in deep trouble. there be moral obliquity in sulted and employed at the law-making function. But let new school the lawyer is conthe judicial branch; let the inception of the enterprise and people once lose faith in the it is expected that his services courts, and anarchy and revo- will render litigation wholly lution will not be far distant. unnecessary. the It is important in any government where the people rule Under the old school litigation was seldom settled. Under the new, com and make the laws and ad- promises are the general rule. fession may be before me, but I do know that there is material in abundance and that if the state and the nation do not find useful servants the politest terms. among this group the fault bribery When he had concluded his cannot justly be laid to the argument, the presiding judge door of Providence. Success told the barrister first speak will depend upon the individing, that they did not care to tal effort, the ambition, the hear from him further; and determination to succeed, the proceeded to announce his industry, the perseverance judgment-they call opinions and willingness to make every judgments in England - by reasonable sacrifice on giving a most clear and ad- altar of the blind goddess; to mirable statement of the case burn the midnight oil if necand the issues involved, and essary, the plan to lay the thanking both barristers for foundations broad and deep the able assistance rendered and to build slowly but surely. them in solving the issues. The opportunities of the At this point some court of- young men of this generation ficial brought several law are vastly greater than those books to the presiding judge, of any period of the past. of paper-as which were marked with slips The men and women of this we Americans generation should be and are mark our authorities and the superiors of the men and thereupon the judge took up women of the past. They the books, one after another. have the benefit of the expeand read excerpts from cer- riences and the wisdom of the The law stands at the very tain cases and commented ages. They have a fuller light head of all the learned proupon them, all of which were and knowledge. They nay By force of intellect, by fessions and numbers among taken down by a reporter, profit by the errors and be ability, by close relation to its members the truly great and at the conclusion an-inspired by the successes of the subject, lawyers have men of all times. This is penounced what disposition he those who have gone before. since the earliest times had a culiarly true of our own counthought should be made of From this day forward you large part in the making of try. The lawyers of the revothe case. Next, the judge to will be attorneys and coun- laws and by the close asso- lutionary period first conhis right, and then the one selors at law. Your status ciation of laws, lawyers and ceived the idea of liberty and to his left, concurred in his will be more than that of a law-making in the public gave expression to that idea judgment, in each instance business or profession. Your mind, they are justly respon- in the Declaration of Indestating some additional facts, status will be an official one. sible in a large measure for pendence. The lawyers of issues, and reasons; and like- You will be public officials of the wisdom, the justness and that period took a leading wise reading from other books brought them at the the court. It is your duty and statutory laws. Judges and Constitution even part in framing the American the state as sworn officers of the righteousness of and bringing first instance. proper time, marked as in the it should be your task to up- lawyers are prone to shift re- about its adoption. Lawyers These judg- hold and even advance the sponsibility and to say that from that day to this have ments, dictated by the judges. respect which is due to the they are not responsible for formed the great majority of when written, would be the law and to courts of jus- the law, that they merely ex- all legislative bodies, state same in form as those printed tice. You are a part of the pound and declare it as they and national. The lawyers of in our English Reports. As judicial branch of the state find it. This responsibility is the Revolutionary Period laid the last judge completed his government and whatever ser- not so easily shifted. Every down the principles of reprejudgment, the court recessed vice you render which brings experienced lawyer or judge sentative government in terms and the clerk gathered up the credit to you individually will knows that the real meaning so plain as to be almost axipapers-the record in the case and returned them to reflect credit upon your pro- of a statute is found in its in- omatic; and the lawyers of fession and upon that branch terpretation by a court of jus- each succeeding generation he only referred to two cases, the court from whence they being in point, "but somewhat at once the issuance and exe- tion of judicial proceedings. Elihu Root (1845- ) He was Elihu Root was born at Clinton, New York, February 15th, 1845. After graduating from Hamilton College in 1864, he taught school, and graduated from the University Law School in New York City in 1867. He soon gained fame as a corporation lawyer. and from 1883 to 1885 was United States attorney for the Southern District of New York. In 1894 he was a delegate to the New York State Constitutional Convention, where he acted as chairman of its judiciary committee. From 1899 to 1904 he was secretary of war under Presidents McKinley and Roosevelt, reorganized the army, created a general staff, and managed his department with great ability. appointed a member of the Alaskan Boundary Tribunal in 1903 and in 1905 became secretary of state under President Roosevelt. He attended the Pan-American Conference at Rio de Janeiro in 1906 and became its honorary president. During his tenure of office under President Roosevelt, he concluded treaties of arbitration with Great Britain, Japan, Austria Hungary, Italy, Spain, Portugal, France, Switzerland, Norway, Sweden, Denmark and Holland. When he resigned from the cabinet in 1909, he was elected United States senator from New York. He represented the United States as chief counsel before the Hague tribunal in 1910 at the arbitration of the long standing controversy between the United States and Great Britain concerning fisheries. He has received the degree of LL.D. from Hamilton, Yale, Columbia, New York University, Williams, Princeton, University of Buenos Aires, University of San Marcos and Harvard. like to shift their responsi- ent time have been leaders of women as stand before me. I particularly wish to warn you that your studies are not complete; that your successful examination is not proof conclusive of your fitness for The practice of law has un- the bar; that you have only dergone sweeping changes in completed a preparatory the last 100 years. The course; the real university lawyers of the old school con- course is just beginning. fined their activities to litiga- Heretofore you have been tion and drawing legal docu- studying cases already tried, ments. They did not find it in which you had no personal necessary to master the in- interest and in which your tricacies of modern business. study involved no sense of The successful practitioner of combat. Hereafter your cases the new school is an adviser will have a personal interest upon the soundness of busi- of tremendous proportions, ness propositions quite as and it will be a contest of much as upon the soundness strength from the start to the of legal principles. His ser- finish. You may have failed vices find no market unless he (Continued page 9, col. 1) |