By Rev. George A. McGovern, S. J., Regent of the here alloted.

University of Detroit

Law, like everything human, must advance or go backward-it cannot remain staUnder the title, "Progress Milton himself is not slow tionary. To say that it has in Legal Education," writers to voice the popular senti- not advanced would be folly, in pamphlets issued by the ments of his day, when he and indiscreet to claim it has Carnegie Foundation, the says: "Most men are allured gone backward. The truth is to the trade of law, ground- other respects and gone back-law has progressed in many American Bar Association, ing their purpose not on the ward in many other respects. and the bar associations of prudent and heavenly conThe history of the legal various states, have called at- templation of justice and profession from the appeartention to efforts being made equity, which was never ance of Blackstone's Comon all sides to advance the taught them, but on the prom- mentaries in 1765 to the presstandards of legal education. ising and pleasing thought of ent day is easily traced by any Nowhere should this work tions, and flowing fees.' litigious terms, fat conten- one possessed of the patience to do it. From that date the meet with greater co-opera- The same uncomplimentary profession studied for the retion than in the law schools opinion is contained in a duction of the law to someof the United States. We need "Discourse on the Rise and thing like systematic treatlegislators, judges, practition-lished in 1677. "There was change in the methods of Power of Parliament," pub- ment, effected a wonderful ers of the highest standards law before lawyers, there was study, and encouraged the legally and ethically to stem a time when common customs publication of numerous the tide of injustice and of the land were sufficient to crime that threatens to wash secure meum et tuum. What has made it since so difficult? away the very foundations of Nothing but the comments of our legal structure. lawyers confounding the text and writing the laws like a nose of wax to what figure

works on various subjects which perhaps would otherwise have been long delayed.

This brought about a more careful study of the many Charles Warren, in his divisions of the law, and, in"History of the American cidentally, in many cases, to best serves Bar," has emphasized the fact There must have been some sion, the neglect of a college their purpose." the detriment of the profesthat the legal profession has cause, not one, but many, and education as a preparation for from the earliest ages been according to many writers on the study of the law. By far the target for both public and the subject there was and the greatest number of eighprivate attack, nor does he there is even now. teenth century lawyers were seem anxious to defend the Admitting then the exis- college-bred men, whose profession indiscriminately-tence of some well-founded minds, sharpened by early in fact, he points out many reasons for various unfavor- training, could grasp the intricauses for the early manifes- able opinions held in regard to cate principles on which law tations of distrust on the part the legal profession what is founded, and from the of the public, and urges the remedy can be applied to re- principles reason to just and removal of these causes as the move them? To be removed equitable conclusions. only means of safeguarding they must be known, studied and advancing the prestige of in all their phases, and suitthe legal profession, able remedies applied. To

[From "The Varsity News," official newspaper of the University of Detroit.]

LIVES OF GREAT MEN THAT

REMIND US

Over the "Bridge of Sighs"-
Out of the Shadow of the Tombs.

On an autumn day, more than a dozen years ago, a very poor, little Italian woman, under forty, heavily veiled, sat next to her attorney, the famous Mr. Samuel Untermeyer, in Judge Malone's Court of General Sessions, in the Criminal Courts Building, charged with the murder of her husband. Her bright, piercing eyes followed intently the examination of each talesman, to whom Mr. Untermeyer propounded the hypothetical question "Do you believe in the manly art of self-defense and if so, do you believe in the womanly art of self-defense?"

Following the custom, adopted about that time in General Sessions, of assigning prominent lawyers to defend prisoners charged with murder, too poor to employ council for themselves, Judge Malone had called upon Mr. Untermeyer to conduct the defense of this woman.

When told of his assignment Mr. Untermeyer is reported to have said, in part, "I shall certainly accept the assignment. I can conceive no higher or more important professional duty. It is a mistake to suppose that the busy men of the bar are so absorbed in the defense of private interests that they have become callous to their sworn duty as lawyers. The action of the judges of General Sessions is therefore a step in the right direction. I am satisfied that every lawyer called upon will do his share, for there is nowhere a finer public spirit than at our bar."

And so he took charge of the case of this little woman, who had killed her husband by thrusting a big shoemaker's knife into his heart, while her oldest son was struggling with his father for the possession of a revolver with which the older man had threatened to kill the mother.

This was the first murder trial in which Mr. Untermeyer had figured since his younger days. It lasted several days.

In the examination the defense presented several hypothetical questions, in which was pictured the case of a little hard-working woman haunted day and night by fear of a brutal husband.

The case went to the jury.

After five minutes' deliberation the jury returned with a verdict of NOT GUILTY. The woman fainted.

The twelve jurors swarmed forward to congratulate Mr. Untermeyer and his son who assisted him.

They asked Mr. Untermeyer to take charge of the collection they wished to make up among themselves in behalf of the destitute family, their sympathy having been greatly stirred by the long story of the woman's sufferings, revealed in the testimony. This he refused to do, nor would he accept the $250 one of the jurors slipped into his hand for the woman. It was reported to be an open secret, that the fee he received from the State for his services in the case was expended for her household.

And so it all ended happily, with the woman's fifteenyear-old daughter sitting enthroned in the witness chair after the adjournment of the court, holding in her hands some red roses which had been tossed to her by a sympathetic spectator.

Mr. Samuel Untermeyer is one of the ablest, busiest, most successful members of the New York bar. His activities have been so eminent and numerous, so nationally conspicuous, that he probably now scarcely remembers this fine little incident in his great career, to which the files of the New York Times of September 25th and 28th, November 30th, and December 3rd, 1909, bear eloquent testimony.

W. A. MAGILL. (Continued page 5, col. 4)

Since the last number of The Law Student went to press, we have received from the secretary of the board of law examiners of the state of Alabama data on the percentage of failures at recent bar examinations. The figures are incorporated in the table of statistics reprinted from the last issue. It is the intention of The Law Student to reprint this table from month to month, adding to it as data and figures from additional states are received, until it is complete as to each state and presents a bird's-eye view of the severity of bar examinations over all the country.

The Duty of the Lawyer to the Courts

"It is the duty of the lawyer to maintain towards the Courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the Bar against unjust criticism and clamor. Whenever there is proper ground for serious complaint of a judicial officer, it is the right and duty of the lawyer to submit his grievances to the proper authorities. In such cases, but not otherwise, such charges should be encouraged and the person making them should be protected."

[From the Code of Ethics adopted by the American Bar Association in 1908.]

By Vahan Shirvanian

and the

BAR EXAMINATION (Continued from page 6. col. 3) 91. While A was negotiThe foundation of Anglo- and equity, tolerant and reating a sale of his cattle to the firm of B & C, D falsely and Saxon jurisprudence was laid sourceful. And now, in the west, the maliciously told B that the more than nineteen hundred cattle were diseased and B, years ago when an inquiring great American Republic, enbelieving this statement, re- Hebrew lawyer was told that dowed with this three-fold rests secure and fused to buy. C also believed the first great commandment heritage, D's statement to be true, but is: "Thou shalt love the Lord tranquil, guarded by a fourth monument, a written constibought the cattle at A's price thy God with all thy heart, tution, the product of her notwithstanding his belief. A and with all thy soul, and with own sons. This is the monusued D for slander of prop- all thy mind ment which of all other facerty. Can A recover from D? second is like unto it: Thou tors in the growth of the Libel & S. 25 Cyc 561; Torts shalt love thy neighbor as thy- United States of America has self." supplied the most powerful 38 Cyc 501. Upon that foundation, the force toward governmental Romans, led by the Tarquins, and political success; this is Julius Cæsar, and Augustus, America's finest contribution erected their structure, and to civilization the sacred to that structure Constantine, constitution, beneath whose Justinian, and Tribonian add- noble influence has grown ed the intellectual towers of the greatest and most successthe civil law. ful nation in the history of the world! This is the firmest monument of all!

92. A, who was innocent of any wrong, was subjected to a considerable loss financially by B's act in maliciously and without probable cause instituting a criminal prosecution against him. Before this criminal prosecution was ended, A brought a civil action against B for malicious prosecution. Can A maintain the action? Mal. Pros. 26 Cyc 55; Torts 38 Cyc 516.

93. A opened a new store in the building adjoining an old established store owned by B, and entered into a spirited competition with B for the local trade. Both stores dealt

in the same commodities. In order to attract some of B's customers to himself, A posted a notice to the effect that goods sold by him were both better in quality and cheaper in price than those sold by any

same

To the Anglo-Saxon race, however, time left the mighty task of erecting upon that enduring foundation its most perfect edifice.

Inseparably connected with the story of the supremacy of our constitution is the name At the end of the eighteenth of a Virginian gentleman, the century there stood promi- ablest jurist produced by the nently forth three lasting new world. Of him Professor monuments to English con- Bryce has said: "His fame structive intellect a great un- overtops that of all other written constitution, singular- American judges more than ly adapted to the wants of the nation by and for which it was brought into being; the common law, stern but just;

Papinian overtops the jurists of Rome, or Lord Mansfield the jurists of England."

(Continued page 15, col. 4)

across A's uninclosed land and himself, greatly increased the then, with force and violence, value of one of the unused broke into the barn and stole barns on the farm by changother dealer in the the horse belonging to D, ing it into a first-class store. street. This statement was which was temporarily in B's What conduct of A has given false, and A knew it, but many contract of hiring. A brought action against him? Give the possession under an unexpired rise to a cause or causes of of B's customers believed A's two actions against C, one for technical name of such actions. statement and transferred forcibly breaking into his Waste 40 Cyc 497, 498, 501, their trade to A, to the great close, and the other for forci- 505; Estates 21 C. J. sections damage of B. What legal bly breaking into his barn. 87, 90; Torts 38 Cyc 500. remedy has B against A? B sued C for breaking into the 99. A had a right of way Torts 38 Cyc 503, 505. barn and for taking the horse, across. B's land. B built a 94. A, B, and C agreed to- and D also sued C for taking high wall on his own land gether to injure D in his busi- the horse. For what acts of which made it impossible for ness. The mere agreement so C can A, B, and D recover, A to enjoy his right of way. to injure D was of itself a and give the technical name of What right of actions, if any, complete criminal offense at such actions. Trespass 38 Cyc has A against B? Easements common law. Through no 995, 1013, 1004, 1007, 1014, 1072; 19 C. J. sections 236-243, 246. fault of the conspirators they Trover & C. 38 Cyc 2050; Baildid not succeed in their object. ments 6 C. J. sections 175, 177. Upon learning of this con- 97. A stole a valuable book spiracy D brought an action from B and sold it to C, who against A, B, and C in tort, bought it in good faith in the for the conspiracy. Can Dusual course of his business by the Corpus Juris-Cyc refermaintain his action? Con- and sold it to D, who also ences for each question being spiracy 12 C. J. section 100; bought it in good faith and in to several sections of Corpus Torts 38 Cyc 519. ignorance of the facts. While Juris titles, to several pages of in D's possession the book was Cyc titles, or even to more destroyed without any fault than one title.

Analysis and Research Practically all these problems inyolve more than one principle of law, as is indicated

95. A, who knew that B was under contract to work for C, induced B to break his on D's part. What right of Problem 89 involves two contract with C and to work action, if any, has B against principles of the law of Libel for A at higher wages, by rea- A, C, and D? Trover & C. and Slander, as indicated by son of which C was put to 38 Cyc 2020, 2023, 2024, 2036. the references, while problem some slight additional expense. 98. A, who had a life-estate 90 involves even more than A did not desire to injure C in a certain farm in New Jer- two principles of the law of and did not think that C sey, leased the same to B and Fraud. Problem 91 involves spent would be injured by his action, then several years the law of two separate titles, A's only object being to secure abroad. During such absence, as does problem 92. a good workman for his own and unknown to A, a severe The student who carefully business. Can C recover from storm loosened the roof of the scrutinizes these problems, anA for malicious interference farmhouse, and a heavy rain a alyzes them thoughtfully, and with contract? Torts 38 Cyc month later did considerable extracts therefrom the several 507; Master & S. 26 Cyc 1580. damage to the interior of the principles involved, will find 96. A owned a house and house by reason of the dam- that the exercise will greatly barn and leased the barn to B. aged roof, which was increase his capacity successC, without authority from repaired. Upon his return A, fully to cope with bar examieither A or B, gently walked at considerable expense to nation questions.

never

In these articles accompanying the specimen state bar examination questions we have emphasized many times that we print such questions to give law students opportunity for practice in analyzing and dealing with them, not in an attempt to instruct in the law by any method of quizzing. By endeavoring to answer the questions independently in writing, and by searching the Corpus JurisCyc system for correct answers, the law student can not only test his ability to cope with bar examination questions; he also can training in legal research.

secure

Reasoning from Fundamentals

It has occurred to us that we can make these questions subserve still another purpose, that of training law students in reasoning to correct specific conclusions from fundamental principles of law. To impart this ability is the chief object of a law school course; it is comparatively unimportant for a law school to do more than train its students firmly in the fundamental principles of the common law, and to equip them with a reasoning capacity, an ability to "think legally," which shall enable them to reason out for themselves from fundamental principles the correct legal answers to comparatively complex, detailed, and minute states of fact.

(1) X and Y were married in Oregon where they resided for one year. X, the husband, while on a trip to Salt Lake City, decided to engage in business there. He wrote his wife to come to him, but she refused to do so. After one year, the statutory period in Utah for desertion, X files a bill for divorce in Utah, alleging the desertion of Y. Y files a cross-bill, alleging adultery of X, which is proved. What decree? (See "Divorce," 19 C. J. sections 113, 114, 219-222; Outlines for Review, pp. 228, 229.)

(2) X was indicted for murder for causing the death of A by drowning him. X had attempted to rob A. A scuffle ensued, and in his efforts to get away A had jumped into a river and had been drowned. Was X guilty as charged? (See "Homicide," 29 C. J. section 70; Outlines for Review, pp. 106, 107.)

(3) A makes, executes, and negotiates a negotiable promissory note to B. B was guilty of fraud in inducing such making, execution, and delivery. B negotiates the instrument to C, who has no knowledge of the fraud and pays value. C negotiates the instrument to D, who has no knowledge of the fraud and pays value. D negotiates the instrument to B, who pays value. All of these negotiations are prior to maturity. B sues A on the note, A pleads fraud, and B pleads that C and D were both bona fide purchasers for value and that they negotiated the instrument to B prior to maturity for value. At the trial all of the above facts are shown by evidence. What judgment? (See "Bills and Notes," 8 C. J. section 686, text and note 56; Outlines for Review, pp. 193, 194.)

(4) A owns a cow, B steals it and sells it to C, who is in the packing business. C pays for the cow, cuts it up, and sells it to D, a retail butcher. D did not pay for the meat and is hopelessly insolvent. A sues C for the full value of the cow. In answering assume that C had no knowledge whatsoever of the fact that the cow was stolen. What

WITH REFERENCES FOR FU

decision? (See "Trover and Conversion," 38 CY pp. 2023-2025; "Sales," 35 CYC pp. 357, 358; Ou lines for Review, pp. 155, 156.)

(5) Two men and a boy were shipwrecked an were starving. The boy, being less likely to su vive, the two men killed and ate him. The me were thus enabled to live until they were picked u by a passing vessel. Had they not killed the boy all three would have died. They were charged wit manslaughter. What result? (See "Homicide," 3 C. J. section 272, text and note 56; Outlines for Re view, p. 125.)

(6) A owns stock in the Salt Lake County 0 Company. He goes to B, and attempts to sell him the stock, and states to B that in his opinion th property owned by the company will produce oi and that he hopes that the stock will be wort $100,000. B believes this statement and buys th stock for $100. Thereafter B gets possession of letter written by A prior to but on the same day that A made the above statements to B, in whic A states to his mother that he considers that ther is no oil in the property and that he has no hop whatsoever that the property will ever be wort anything. B sues A in deceit to recover the $10 Would a judgment in favor of B be valid if base upon the foregoing testimony? (See "Fraud," 2 C. J. sections 20-27, and in particular 26; Outline for Review, pp. 150, 151.)

(7) A private corporation is granted an irre pealable charter. The state, under whose jurisdi tion the corporation is, subsequently passes a la amending the charter in a material respect withou the consent of the corporation. Is this law const tutional? State your reasons for your answer. (Se "Constitutional Law," 12 C. J. section 648 ff.; "Co porations," 14 C. J. section 184; Outlines for R view, p. 48.)

(8) Certificates of stock stand in the name "John Smith, Trustee of John Brown, deceased

This question obviously involves the principles of the