Research Test at Bar Examinations
(Continued from page 10)

them to hand in a brief on the question when we assembled at 2 o'clock. Results range all the way from a mere statement of the question to a well written brief with caption, statement of fact, title page, and all ready for the printer.

"No previous announcement of the character of the test had been previously made and it was evident that the word 'brief' was not in the vocabulary of several of the applicants except in its sense of brevity.

"The applicants at this examination were none of them from law schools. All based their application upon study in an office. The examiners' marks of the briefs ran all the way from 10 to 95 per

cent. While one of our rules

is that we do not pass anyone getting less than 60 per cent in any subject, we decided not to enforce that rule | against this new test as the low grades in this test were taken by the applicants who received quite high grades in other subjects. We did, however, use such grades in our determination of the general average, but it did not in any case bring the applicant below a passing mark.

*།

I prepared and forwarded a
copy in connection with this
matter under date of January
13th, and do not understand
why it was not received.
However, I can give you the
substance of the report.

"The January bar examin-
ation was held on January
11th and 12th. The examin-
ation consisted of three half-
day sessions of questions and
a research test on Tuesday
afternoon, January 12th. The
plan which we adopted was
take
to
for
one question
each candidate from one of
the question papers used on
the examination. We selected
a question upon which the
The
candidate had failed.
candidate was instructed to
proceed to the library and
was given four hours time to
investigate the

authorities

and write a brief, stating the legal principle involved in his own language and citing authorities. The papers were then delivered to the Clerk of the Board and checked by the Board. At the January examination we had only five examination candidates for for admission. Of these five only one was from an accred ited law school. One of the candidates was from a law school which is not classed as an accredited law school. "By the way, for the pur- Two other candidates were pose of your tabulation I may U. S. Rehabilitation students say that we had seventeen and had obtained their law applicants at this examina- education from study in oftion and all of them passed, fices and from corresponthree of them being men who dence school courses. The had failed at previous exam- fifth student was a man some

inations.

GRIT

Aaron Ginsberg is a lesson in patience, perseverance and ambition. With hard luck enough to stop anybody, he is going ahead for a high goal.

Through accidents almost beyond belief, Ginsberg,
who lives at No. 338 East Eighth Street, was deprived of
the sight, first of one eye and then of the other. But,
fighting against even that handicap, he has earned
enough money to pay his way through the first year's
law course at St. John's College, Brooklyn, which he
started in March.

Young Aaron made the money selling papers at 18th
Street and Seventh Avenue.

The first misfortune Ginsberg met was when he was
eleven years old. He was returning home from an er-
rand for his mother and had to pass a bevy of boys
playing war. There were lines of the youngsters with
home-made tin shields and stones for bullets. Aaron
had often passed through the "war lines" before. But
this time a stone glanced off a shield and struck him in
the right eye.

Eight months later, fate gave the little fellow another wallop. While on his way home, again, he met a boy with a piece of tin on the end of a string. They stopped to chat. The boy with the string twirled it around and around. Suddenly he let go and the tin struck Aaron in his good eye. Again there were weeks of careful nursing without avail. He lost the sight of his left eye.

Deprived of the games of childhood because of his affliction, the little fellow turned to selling papers and has been earning $14 a week. Out of that he has saved enough to start him toward the summit of his ambition. In addition to attending the School for the Blind in Connecticut, Aaron went to De Witt Clinton High School and then entered the College of the City of New York, from which he was graduated in 1924.

Other states have also

North Dakota

North Dakota as

as a knowledge of the general fundamental principles." -W. B. Alexander, member of Board of Law Examiners, 11th Judicial District, Arkan

sas

The Law Student,
Brooklyn, N. Y.

"Replying to yours of recent date, beg to advise that I am heartily in favor of extending the subject of legal research to examination for admission to the bar of Arkansas.

"If a young lawyer is unable to properly use the law books, the chances are that he will not be able to gain much success in his chosen profession."-John E. Miller, member of Board of Law Examiners, 1st Judicial Circuit, Arkansas.

The Law Student,
Brooklyn, N. Y.

"I very much favor the legal research test as a supplement to the state bar examination, but do not favor the publication of books designed especially to aid applicants in preparing for examinations, and think that the test should be made in a law library as the student would be required to do if he should become a practitioner."- George W. Emerson, member of Board of Law Examiners, Arkansas.

Louisiana
The Law Student,
Brooklyn, N. Y.

adopted the plan, although We have previously listed they have not yet had opporhaving tunity to put it into effect, adopted the test, but are adbut will do so at the next vised by the examiners there examination. In alphabetical that they have not yet taken forty-odd years of age who order these states follow, in- formal action, although they applied to students by the cluding the three previously mentioned as having given favorably. are considering the matter such an examination: Arizona Colorado Montana (authorized Supreme Court, if examiners approve). Nebraska New Mexico Ohio Utah

had studied in an office and
had tried the examination at
least twice before. In classi-
fying these five students upon
the research test, the results
were as follows:

"The commissioners were unanimous in the adoption of the test as a part of the regular examination, but we have decided that for the next examination we will prepare a number of moot court "The graduate of the accases, so to speak, giving one credited law school had by to each applicant and telling far the best brief, The canhim to prepare two briefs, didate who had studied in a one on each side of the case. law office and twice failed in We will give this to them the examination had the next either in the beginning of best brief. The briefs of two the examination, or not later of the other candidates were than the afternoon adjournment of the first day with in- very mediocre and one of the rehabilitation students made structions to hand the briefs a complete failure. in at the meeting of the com"Of the five candidates only mission the next morning, thus giving them a part of two obtained grades justifying their admission to practhe afternoon and all evening. One of them being the briefs."-Walter L. Anderson, graduate of the accredited Secretary of Nebraska State law school, and the other the Bar Commission.

in which to write their

New Mexico
Later a research examina-
tion was given in conjunction
with the bar examination in

New Mexico, ofanche Juge
Wright, one
Mexico examiners, reported

which is not classed as
accredited school.

an

re

"The results of the search test did not change the relative standing of the students.

Vermont
Wyoming

Ohio

by

In Ohio the Supreme Court, after carefully considering the matter, authorized the ex

New Jersey

"I am in receipt of a reprint ing progress of the legal refrom The Law Student showsearch tests. I am heartily in favor of such a test being colleges, though such a test cannot just now be very well applied by the Examining Committee of the Supreme The editor of this publica- Court of the state of Louistion had the pleasure recently iana. We have written examof interviewing the New Jer-inations and it takes a stusey Board of Bar Examiners dent three days to go through now. It on the question of adopting the examinations the legal research test in that would be a godsend to have state. We are authorized to young lawyers, when announce that the Board enter law offices, know somethere now has the matter thing about legal research, under consideration and will and I certainly hope the unigive it the most careful versities and colleges will thought and study,

amining board of the state to adopt the test and as ana "I have not as yet had nounced in The Law Student for April 1st the examiners letter addressed to me as graduate of the law school have done so and have ap- member of the Board of Law much opportunity to study all pointed a committee of three Examiners of the Eleventh of the phases of the bar exto work out the best method Judicial District of Arkansas amination. However, I find move- that the young lawyers who of giving the test at the Ohio with reference to a into our offices are examination either in June or ment to introduce a legal re- come December. The action of search test as a supplement often unable to do legal reto the state bar examination. search work and know very Ohio in adopting the test is The District Boards of Ex- little about the use of the particularly significant, inas- amination have nothing to do reports and digests in runmuch as in that state there with the preparation of the ning down a principle of law. are several hundred appli- examinations in this state. At this time I feel that I cants to be examined each However, I want to take ad- would be very much in favor time. If the test can be given vantage of this opportunity of having a test in legal rein Ohio, it can be given in to express my approval of search work as part of the any other state, however such a test. In my opinion, bar examination."-Harris L. large the number of appli- a knowledge of the use of Danner, member of State Bar law books is just as essential Commission, Oklahoma.

"The Board was very well pleased with the results of the research test as it gave us a good check on the ability of the candidates.

favorably as to the success
of the examination and as to
its being a most useful addi- "Trusting that the forego-
tional or supplementary test. ing gives you the desired in-
"Your telegram of the 2nd, formation, I remain,"
asking for copy of my report
on the research test, received.

Very truly yours.
cants.
E. R. WRIGHT.

STATE BAR EXAMI

However, as touched upon is not impor- familiarized with the charac- of questions are referred to

ter of his approaching test,
and may acquire capacity to
analyze and deal with such

stated above, the object of tant. The main point is to this department is not to af- give enough questions to be ford a quizzer, and the fact representative of the various that only a small proportion state bar examinations, that questions. Those interested references to the Corpus f the fundamental principles of legal principles can be the earnest student may be in a more inclusive selection Juris-Cyc System for accurate

ATION QUESTIONS

AND ACCURATE ANSWERS

in important provisions of the policy and afterards a fire occurred. Suit was brought and the aintiff declared upon the policy as. so modified. he defense relied upon the provision above reted and contended that the modification was witht effect. Which contention should be sustained? Thy? (See "Fire Insurance," 26 C. J., section

7.)

(10) A, being indebted to B, in the sum of 0,000, executed and delivered to B a promissory te for said sum, due one year after date, bearing terest at 6% per annum. A, at the same time, jecuted, acknowledged and delivered to B a mortge on his farm, to secure the payment of said mount. Soon after the maturity of the note and brtgage, B filed a bill in equity to foreclose the Fortgage, and at the same time commenced suit in sumpsit in a court of law on the note. A obted that B could not maintain both suits, but ast elect which one he would pursue. What should e decision be? Why? (See "Election of Remees," 20 C. J., section 14; "Mortgages," 27 Cyc, 4.1536, 1537.)

(11) A married woman owned land which was tivated for her by her husband. He erected ams and ditches thereon, without her knowledge sanction, whereby water was discharged on the nd of another to his damage. Is the wite liable common law? Why? (See "Husband and ife," 30 C. J., section 630.)

(12) H, residing at Chicago, Illinois, being inbted to N, of Houston, Texas, in the sum of 000, executed to N in Chicago, his promissory te in words and figures as follows:

"Chicago, Illinois, February 18, 1918. Three months after date, I promise to pay to order of N, of Houston, Texas, Five Thousand pllars, at the First National Bank of Houston, xas. Value received, with interest at 10% per num.

"(Signed) H."

The contract rate of interest in Illinois can not ceed 7% per annum. The contract rate in Texas 10% per annum. N brought suit in Illinois on e note and demanded the principal and 10% inrest. H insisted that N could not recover more Jan 7% per annum. Who is right? Why? (See Usury," 39 Cyc, pp. 899-901.)

(13) A executed and delivered to B an order ra monument to be erected at the grave of her ceased husband. The order gave a complete de

Our "First Book of Bar Questions." comprising in all five hundred state bar examination questions sells for only $2.00. All questions are keyed to answers in Corpus Juris-Cyc and to the cases in point from your own state jurisdiction through Corpus Juris-Cyc.

scription of the monument, the price and the time
of payment. At the time A gave the order it was
orally agreed that the order was upon the condi-
tion that if the transaction was disapproved by A's
children, then the order should be void. Before
the monument was erected, A notified B that her
children disapproved the transaction. Neverthe-
less B erected the monument and sued A for the
consideration. A offered to prove the condition,
and that she notified B. B objected that the ad-
mission of the evidence would infringe the rule
that parol evidence is not admissible to vary the

terms of a valid written instrument. What should
be the decision of the court? Why? (See "Evi-
dence," 22 C. J., sections 1540, 1544.)

(14) A signed his name to a blank piece of paper, handed it to his clerk and told him to make out a promissory note over the signature for $200.00 payable to Oriental Bank, get the money on it and pay B a debt of $200.00 due that day. The clerk filled out the note as directed except that he made it $1,000.00 and appropriated all the money to his own use. What is A's liability to the bank? Is the bank a holder of the note in due course? (See "Bills and Notes," 8 C. J., sections 313-322, 686.)

(15) A makes a will leaving his property to his brother, B, and a lady friend, C. He afterwards marries C.

Does such marriage work a revocation of the will?

Would it make any difference in your above answer if there were a child born to A and C after their marriage?

Suppose, instead of marrying C, A, after making the will, married D, but dies leaving no children? Would the will stand? (See "Wills," 40 Cyc, p. 1198 et seq.)

(16) Can a party make a binding agreement to will certain property to another? (See "Wills," 40 Cyc, p. 1063 et seq.)

(17) A father purchased an automobile for the use of his family, and gave a general permission to his two sons to drive it when desired for their own purposes. One of these sons, who was a minor, while driving the car upon a public highway, for some purpose of his own, ran over and injured a pedestrian under circumstances which established negligence on the part of the driver. The pedestrian brought suit against the father. Can he recover? (See "Motor Vehicles," 28 Cyc, pp. 38, 39; "Parent and Child," 29 Cyc, pp. 1665-1667.)

size the importance of testing each applicant's capacity to reason from fundamentals to correct specific legal conclusions. The question which merely states facts obviously is better adapted to this end, inasmuch as it requires an alysis to reach through the controlling facts to the controlling legal principle.

General Principles

It will be useful for the student, after analyzing each question, and attempting to discover for himself just what fundamental principle of the law is involved in the facts, to turn to "Outlines for Review" and see what the fundamental principle is, then to turn to the Corpus Juris-Cyc citation for the specific application of such fundamental principles. If this is done habitually, the process cannot but fortify the student's powers of legal reasoning.

Conclusion

We strongly urge each one of our readers to make full use of these bar examination questions by reading them as we have suggested in this issue and prior issues, and by always endeavoring to reach the correct specific legal conclusion by a process of reasoning from the fundamental principle of the law-thus developing capacity to satisfy bar examiners on the point which they are most sedulous to test.

These questions stand unchanged as they came to us. We have made no effort either to choose simple ones or ones very complex and involved, but rather have sought to produce a group truly representative of, if somewhat shorter than, the average bar examination. It is our opinion that we have succeeded in this - -no very difficult task-and it is most certainly true that any student who can answer the greater part of these questions in respectable fashion, giving sound reasons for his views of the law on the points involved, should experience

no

trouble in passing any average bar examination. The questions here given of course do not involve all the main principles of the common law, but they are wide enough in answers and all the cases conclusion from facts stated present tendency on the part ond type of question, more scope to justify the inference from each American juris- except (1) and (16), which of the examiners is strongly direct, and calling for a brief that one capable of answercall for the brief essay treat- toward the first type of ques- discussion of some point of ing them is also capable of ment. Study of a great tion, which narrates facts and law, is becoming less and less answering others of like charmany recent bar examination asks that a legal conclusion in favor with examiners as acter but illustrating other papers makes evident that the be drawn therefrom. The sec- they appreciate and empha- legal principles.

diction.

Character of Questions In the present selection, all of the questions seek a legal

LAWYERS WHO SIGNED THE

CONSTITUTION

In the Constitutional Convention which formulated and presented for adoption to the several states the Constitution of the United States of Amer

ica a large proportion of the

members were lawyers. This was entirely natural in view of the purpose of the Conven

tion which was to frame an organic law for the entire country. The legal training of these men is made evident in the character of the instrument which they producedan instrument characterized by the great English statesman Gladstone as the greatest ever struck off at one time by the brain and purpose of

man.

The Constitution

of the

United States established a strong federal government, which, while preserving the liberties of the citizen, has survived that most bitter intersectional conflict culminating in our great Civil War. To the Constitution must be attributed the present unity of our people and the opportunity they have had to develop the natural resources of the continent free from the burden of great military establishments that would have been necessitated by continuance of the sovereignty of many independent states.

In tribute to the members of the legal profession who signed this great instrument we print below the names of each with a brief note as to

his career.

CONNECTICUT

William Samuel Johnsonage 60 yrs.; lawyer; graduate of Yale; member of congress; agent of Connecticut in England; judge of supreme court of Connecticut; member of Continental Congress; U. S. senator; president of Columbia College.

tion; U. S. senator; chief jus-
tice of supreme court of Dela-
ware.

Gunning Bedford-age 40
yrs.; lawyer; graduate of

Nassau Hall; valedictorian of

his class; member of Dela-
ware legislature; member of

Continental Congress; attor-
of
ney-general
Delaware;
United States judge for the
district of Delaware; lieuten-
ant colonel, Revolutionary
War.

55

house of representatives; U.
S. senator; adjutant, Revolu-
tionary War.

NEW JERSEY
David Brearly-age 42 yrs.;
lawyer; member of Provincial
Congress; chief justice of
New Jersey; member of state
Convention for ratification of
Constitution; U. S. district
judge for New Jersey; lieu-
tenant colonel, Revolutionary
War.

THE LAW STUDENTS DIGEST

"Nothing like a little judicious levity."-R. L. Stevenson.

Municipal Corporation-Validity of Charter-Powers of Boards of Trustees. "The charter is, perhaps, the most defective upon the statute book, and this is saying a great deal. A perverse ingenuity seems to have been exercised to make it as lame and loose as possible. The joint labors of Malaprop and Partington could scarcely have made such a collection or dislocation of words and sentences. Among other things, it gives the Board of Trustees power 'to license and suppress dram-shops, horse-racing, gambling-houses, and houses of ill fame, and all indecent and immoral practices, shows, and amusements.'' Oakland v. Carpentier, 19 Cal. 550.

William Paterson-age 43 yrs.; lawyer; graduate of Princeton; member of ProWoman-Liability of Man. "It is archaic to insist on holdJohn Dickinson-age vincial Congress; member of yrs.; lawyer; student at the Continental Congress; dele- ing the erstwhile head of the family responsible for the acts Temple in London; member gate to Annapolis Conven- of a woman equal to him at the polls, in the race for politition; signer of Declaration of cal preferment, in all the avenues of business and commerce. of congress; a judge; presi- Independence; ten times at- and force him to respond in damages for her crimes and dent of state of Delaware; torney-general of New Jer- misdemeanors. The doctrine still exists, but the foundation president of Supreme Execusey; governor of New Jersey; upon which it rested has been destroyed, and in view of the tive Council of Pennsylvania; U. S. senator; justice of the constant advances of the hordes of the Amazonian forces, ters," founder of Dickinson supreme court of the United should be destroyed by legislation. The divorce court is looked forward to almost from the nuptial altar as a haven College at Carlisle; brigadier of surcease from marital sorrow or disappointment, and the general, Revolutionary War. marriage relation is donned and doffed with the ease that the sparse clothing of the modern female is put on and off. There is very little basis in the customs of the present-day and torts of a wayward wife. The beautiful theory of man's America for the fiction that a man is liable for the wrongs

famed for his "Farmers Let

Richard Bassett-age 42 yrs.; lawyer; member of Continental Congress; delegate to Annapolis Convention; first member to cast his vote in favor of locating capital on the Potomac; chief justice of the court of common pleas in Delaware; governor of Delaware; United States circuit judge; U. S. senator.

GEORGIA

States.

NEW YORK

30 yrs.; lawyer; graduate of
Alexander Hamilton age
King's College; member of
state legislature; delegate to supremacy as the head of the household and his consequent
ability, has gone glimmering through the dream of things
Annapolis Convention; leader
in New York Convention for that were, a schoolboy's tale, the wonder of an hour."
ratification of Constitution; Brazile v. Scott, 273 S. W. 1013 (Tex.).

of

said:

one of the authors of "The
Federalist;" Secretary
Treasury; Webster
"How he fulfilled the duties
of such a place, at such a
time, the whole country per-
William Few-age 39 yrs.; ceived with delight, and the
lawyer; member of Executive whole world saw with admir-
Council; member of legisla- ation. He smote the rock of
ture; member of Continental national resources, and abun-
Congress; member of conven- dant streams of revenue
tion that formed Constitution gushed forth. He touched the
for Georgia; U. S. senator; dead corpse of the public
moved to New York and was credit, and it sprung upon its
elected member of state legis- feet;" regarded by many as
lature; colonel, Revolutionary the greatest governmental
genius that history has pro-
duced; he was Washington's
closest adviser; colonel, Rev-
olutionary War.

Roger Sherman-age 66 yrs.; named for him; chaplain, lawyer; student at Glasgow,

Revolutionary War.

MASSACHUSETTS

St. Andrews, and Edinburgh;
member of Continental Con-
gress; signer of Declaration
of Independence; member of
state convention for ratifica-

tion of Constitution; judge of

supreme court of the United
States; almost constantly in
public service.

lawyer and merchant; mem-
ber of Continental Congress;
member of Connecticut as-
sembly; judge of the court of
common pleas; chief justice
of Connecticut; signer of Rufus King-age 32 yrs.;
Articles of Association of the lawyer; business man; mem-
Congress of 1774, Declaration ber of state legislature; mem-
of Independence, and Articles ber of congress; one of the
of Confederation; mayor of authors of the Ordinance of
New Haven; member of con- 1787; member of Massachu- Gouverneur Morris-age 35
gress under Constitution; U. setts Convention for ratifica- yrs.; lawyer; graduate of Co-
S. senator; one of Washing- tion of Constitution; moved lumbia College; member of
ton's closest advisers and to New York and was three Provincial Congress; member
Continental
highly regarded for his good times elected U. S. senator of
Congress;
judgment.
from New York; twice min- member of N. Y. legislature;
ister to London; noted as in the Constitutional Conven-
great orator, parliamentarian, tion he said: "The whole
and diplomat; aide-de-camp, human race will be affected
Revolutionary War.

DELAWARE
George Read-age 53 yrs.;
lawyer; president of conven- |
tion which formed first con-
stitution of Delaware; gover-
nor of Delaware; member of Nicholas Gilman-age
Continental Congress; dele- yrs.; lawyer; member of Con-
gate to Annapolis Conven- tinental Congress; member of

gress; member of Pennsyl
vania legislature; signer of
member of state convention lawyer; graduate of William
Declaration of Independence; John Blair-age 55 yrs.;
for ratification of Constitu- and Mary College; student of
tion; member of congress un- law at the Temple of Lon-
der Constitution; it was a say- don; member of the House of
ing of his that "a representa- Burgesses; judge of the gen-
tive of the people is appoint- eral court, and later chief
ed to think for and not with justice; judge of the high
his constituents."
court of chancery; justice of
the high court of appeals;
member of Virginia Conven-
tion for ratification of the Con-
stitution; judge of the United
States supreme court.

SOUTH CAROLINA
John Rutledge-age 48 yrs.;
lawyer; student at the Tem-i
ple of London; member of
Provincial Congress; member

of First Continental Con- Legal Aid Society Jubilee

A Day with a Character Committee

(Continued from page 5)

ered adverse to the applicant. who would become party to
There still is for an applicant such a peculiar evasion of
in such a position a right of what indisputably were the
appeal to a single Justice of real equities in the situation,
the Supreme Judicial Court, would be said to be actuated
but in this particular instance, by the proper moral concepts.
no appeal has been taken. In order to save either time
or money or both, the appli-
cant had lent himself to a
plan which to say the least
resulted in an injustice being
done to the general body of
taxpayers of the municipality.
The attitude seemed to be
that if the compensation had
been paid by the city without
question, there was
a tacit
assumption that the change of
duties was natural and prop-
er, but upon closer examina-
tion, it seemed that there was
a peculiar disregard for the
real rights of the city and
through the city, of its citi-
zens.

This case, altered only in such a way as to cloak it, is typical of one thing which applicants for admission should studiously shun, and that is a lack of frankness and candor. No saner advice could have been given to the applicant than that which he received from the individual member of the committee. Had he told the story fully and completely, just as it happened, on his questionnaire, it would have been easily verified, in all probability, the ap. plicant would have been vindicated by the Committee, as well as the Court, and he would be practicing law today. His future as a lawyer was absolutely ruined by that subtle, moral warp or weakness which preferred, untruth

to

truth, and evasion to straightforwardness.

Let me cite another instance which came up in the

While it is, of course, impossible to demand the high

est and most ideal moral

AN APPRECIATION

Editor of The Law Student:

The course in legal research offered at Howard University was of a threefold benefit to me. In the first place, it added to my previous invaluable training in law library work. Without training in the use of law books, the lawyer may have access to the finest library in the world, and yet not know how to find a single authority in support of his case. It has been my experience that some of our most prominent lawyers stumble over simple questions in legal research. They lose a lot of time because they have never learned the scientific method of research.

Secondly, it helped me win my case in the moot
court. With this training in legal research, I was able
to exhaust the authorities and cases in point, and, al-
though cases in this and other jurisdictions leaned
against me, I found that the better view of the legal
proposition involved sustained my side of the case.

Thirdly, it won for me a valuable set of Corpus
Juris, the gift of The American Law Book Company.
I sincerely hope that all Howard students will take
the subject of legal research as one of the indispensable
courses in their law school work, and give it the serious
attention which it rightly deserves.
ALEXANDER P. TUREAUD,
Washington, D. C.

THINGS WORTH

READING

[There appear each month in the various law reviews and journals a large number of worth-while articles and papers. In this department we shall call to the attention of our readers those articles in other publications which have impressed us as being worth perusal either from the standpoint of value or of interest to the law student or lawyer.]

"The Said Smith, Aforesaid," by Axel Teisen of the Philadelphia. Penn.. Bar: American Bar Association Journal, Volume XII, Number 2, page 87 (A chapter from the early experience in this country of a European-trained lawyer who struck up a hostile friendship with a hardboiled American practitioner).

Lincoln on the Circuit, by William H. Townsend of the Lexington, Kentucky, Bar: American Bar Association

Journal, Volume XII, Number 2, page 91 (A most interesting description of Lincoln during his progress to leadership of the Illinois bar).

A Pioneer Court of Last

With its facts boiled down, himself to drift along withequipment in every young the case is typical of one of out serious thought and study person, it would seem that a the most common failings of upon the question of the ethicase like this showed a curi- young practitioners who do cal standards to which he ous obtuseness to the real not have substantial financial must subscribe and up to indicate unfitness. The writ- practice. moral question which might backing at the outset of their which he must live. If this er is not aware of the ulti- no one danger to which the the seed of the formation of a Resort, by Willard L. King Probably there is work has not been completed, Committee on Character of mate disposition of this case young attorney is more sub- sound judgment on another state during a ethical of the Chicago, Illinois, Bar: sesby the committee who had it jected than that which arises matters must be sown during Illinois Law Review, Volume sion at which the writer had in charge but shrewdly sus- out of the failure to segregate the student days and perhaps XX, Number 6, page 573 (An the honor to be present aspects that some form of dis- and safeguard at any cost all m more properly earlier still. If interesting discussion of the guest. Mr. Y is engaged by approval will be vested upon moneys belonging to clients. a man with this improper or personnel and character of one of the municipal depart- the applicant by postponing Here, even before admission, defective concept of his duty ments in the government of a the admission for a consider the applicant is clearly unable is admitted to the bar, the the supreme court of Illinois large city. His salary was able time, if absolute refusal to distinguish the mere ques- inevitable instinct is to feel at the time of its organization $2,500 per year. He conceived of admission were not decided tion of a debt without a fiduc- that the Rubicon has been in 1818). the idea that he wanted to become a lawyer, pursued his iary complex, and being liable crossed. There are no more studies and was successful in case of another for money as a fiduciary in grillings to fear and there repassing the examination, both type. Mr. Y has been in a the real sense of the word. sults a slipshod attitude toin adjective and substantive law school. From time to Giving the applicant the en- wards the whole moral problaw. In this particular juris- time he has solicited contri- tire benefit of all doubt, and lem. diction, it is incumbent in butions from his fellow stu- assuming that he might truthsome cases that the applicant dents for certain purposes fully say that he did not ina such as testimonials, gifts to tend to misappropriate funds, the fact still remains that he was unable to distinguish between the safe and the unsafe, the proper and the improper way of nandling client's This in money. itself is known by the veriest tyro to be, as said before, a potent cause for difficulty and trou

upon.

Take a

in

Roman Law in English Literature, by William H. Lloyd of the University of PennsylMany students who will vania, Philadelphia, Pa.: Uniread this article reside in versity of Pennsylvania Law states where the formal ex- Review, Volume 74, Number amination of a man's char- 4, page 346 (An extended and acter equipment is not a part interesting review of "The of the routine requirements Old Yellow Book" by Judge for admission to the bar. Gest which was reviewed in Such students should not for The Law Student for Februthat reason disregard the sugary 15th). gestions which have been here set forth. They may never be called upon to stand Have the Bench and Bar before a committee of this Anything to Contribute to the sort. But from start to finish Teaching of Law? by Judge of their career, if they are Learned Hand of the United honest with themselves and States Circuit Court for the honest to society, every day they will stand before the tribunal of their sciences, and for an honest man, no tribunal can be more safe and constructive course severe than that. The only money was subscribed. Asked if not deserving of peremp- unceasingly watch his own for the student to follow is to if he has the money to re

ble.

If ever a lesson is to be taught a young man as to his real duty on this particular phase, the time to do it is at the very outset, before such habits become fixed and before admission to the bar gives such a lawyer access to misuse will lead to grave the funds of clients where complications. Such a case,

Own con

Second Circuit: Michigan
Law Review, Volume XXIV.

shall serve one year as clerk in a law office of ac- individuals, individual credited standing. Y was con- structors, etc. At the time fronted with this proposition. that he appears before the In order to do his work as a committee, complaint has law clerk between 9 and 5, it been made that several of would be necessary for him these collections have never either to abandon his salaried been applied to the purposes position or to get around the for which they were intended, difficulty in some other way. that the contributors, knowHe finally succeeded in having ing this, have asked the rean arrangement made by turn of their money, but have which, a few hours per week not succeeded in getting it. in the evenings, he should Y is questioned. He says that give or purport to give cer- it is true that he did collect tain lectures on the general the money and advances what subject of the department are to him cogent reasons for with which he was connected, its not having been applied and that no work during day- during the year and a half time hours would be required. since its contribution for the Such a position had never ex- purposes towards which the isted before. It is doubtful if it served any particular purDose except to solve a rather turn to the donors, his reply calls for some postponement lems which will arise daily by Robert H. Wettach, Assotory disapproval, certainly reactions toward those prob- Restrictions on a Free Press, Deculiar problem for the ap- repeatedly is: "I can get it," which shall bring the lesson involving plicant. For one year then moral questions, ciate Professor of Law of the the applicant was found to admits that he has spent it, such a or "I will get it." He finally home to the applicant that and build unceasingly for a University of North Carolina: have been drawing the full course is essentially keener, surer discernment of North Carolina Law Review, salary from the city for this that he has not segregated it wrong. the right course which he as Dossibly unnecessary work from his own funds, that what and was putting in his day- he really means is that if the time hours, not with the city, Committee force him to pay but with his duties as law back this money, as a condiclerk. tion precedent to his admission, he will go out and get it, perhaps by borrowing.

The question immediately arose as to whether a person

Number 5, page 466 (A paper
read at the meeting of the
Schools, December 29, 1925).
Association of American Law

The cases of this type which an attorney should follow, and Volume 4, Number 1, page 24 might be cited are numerous. a more stable determination (An article discussing indiNo two are really alike, but never to swerve from the path rect censorship of the press they serve as instances to which is not only the right by the postmaster - general point out the unfortunate pre- one but from every angle the through his power to exclude dicament into which the law most profitable one for him publications from the mails to pursue. under various statutes).

student may fall, who permits