Stover for admission to prac-month he was arrested for during the same tice law after refusal of Board of Bar Examiners to issue attempting to 'short change' the cashier in a restaurant, certificate. Denied. but that charge was also dismissed. Theo. L. Breslauer, of San Francisco, for applicant. Eugene D. Bennett and John J. Goldberg, both of San Francisco, for respondents. PER CURIAM. This matter was referred to Willard W. Shean, Esq., to take testimony and report the facts to this court. His report is adopted as part of this opinion and is as follows: "Pursuant to the order of your honorable court, the undersigned commissioner, appointed by the court to take testimony in the above entitled matter, has the honor to submit the following as his report: "That the petitioner was then known to the two police department detectives who testified as a 'dice shark.' cross-com "That subsequently petitioner operated a small brokerage business in which he was engaged chiefly in buying and selling cigar stands. That in the month of November, 1921, he sold to W. G. Peterson, a seafaring man, one half interest in this business for $750.00, "The petitioner, Ferdinand and in July, 1923, petitioner F. Stover, was a candidate for filed suit against the said Petadmission to the bar of the erson for a dissolution of the state of California in the ex- then unprofitable partnership. amination conducted by the Peterson filed a state board of bar examiners plaint alleging that the petitin June, 1923. Although he ioner had carried on certain showed in that examination independent transactions and that he possessed the neces- had not accounted to the partsary qualifications of learn- nership for the profits thereing, the board reported that of, and he was awarded a 'after a full consideration we judgment on the cross-comare unable to certify that the plaint for $247.00. In making applicant has satisfied us as this award Hon. Walter Perry to his moral character, and for Johnson, who tried the case, that reason alone we are un- in a letter to the parties unable to issue the usual com- der date of June 7, 1923, plete certificate.' Subsequent stated: to the above report Mr. Stover filed a new application to practice as an attorney and counselor at law, by this court. This application was opposed by the bar association of San Francisco, and, under date of December 17, 1923, the parties appeared in court, and the undersigned was appointed to take testimony and report facts. "Hearings were held on December 27, 1923, and January 2 and 23, 1924. "I am clearly of the view that plaintiff's conduct towards his partner is condemned by the law, no less than by good morals; and that he must be held to account for the partner's share of the secret profits made in the two transactions mentioned.' "Judge Johnson subsequently explained that by the term 'secret profits' he did not mean that the transactions were entirely unknown to Peterson, but that they were "The following witnesses such transactions that the were sworn and testified for profits thereof should have the petitioner: John Goss, O. been turned in as profits of J. Boden, Charles J. O'Con- the partnership." nor, Theodore L. Breslauer, While the facts, as above Harold P. Nelson and Ferdi- set forth, are quite different, nand F. Stover. we are of the opinion that "For the objector the fol- the language used by the lowing witnesses were called Supreme Court in Re Wells, and examined: Albert L. 174 Cal. 467, at 476, 163 Pac. Shepston, C. Meinberg, Fred- 657, 661, is also applicable erick W. Kant, Carroll Single, here: Thomas J. Curtis, Edward J. "While this conduct may Wiscotchill and Hon. Walter not show great depravity of Perry Johnson. character, we think it must be "From the testimony ad- admitted that it indicates in duced and documentary evi- the respondent a want of dence presented, your com- that sincerity and integrity missioner finds the facts as which the law demands of follows: those who are to be allowed "That during the month of the privilege of practicing August, 1921, petitioner was law." twice arrested for alleged The application is therefore cheating in dice games in the denied. SPECIAL SHORT-TIME COMBINATION BOOK OFFERS It costs much less to learn out OFFER NO. 1 of books than to learn by experience; and you learn much more. Thousands of lawyers and O The Constitution Described on page 12. Annotated $2.00 Combina The Law Student for this school year. The Lawyer Presidents' Picture The Law Student for this school year The Lawyer Presidents' Picture $1.00 Combina students spend much money OFFER NO. 2 for books not by any means as useful, or as necessary to their professions as those offered here on this page at practically cost, in the in- OFFER NO. 3 terests of legal education. Clearly printed, on good paper, and well bound, these books are of enduring value, and just what you require for your work. Outlines for Review (3) will help you at your Bar and in your practice afterwards by refreshing your memory of what you have learned. You can "refer to it as a soldier can seize the weapon he needs in the armory." 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The Lawyer Presidents' Picture Combination Any three of the above books $6.00 OFFER NO. 8 O (Write Titles) Combination price So many requests come to us for the bound Volume No. 1 of The Law Student, containing numbers 1 to 6 inclusive, that Our supply is much depleted. As there will OFFER NO. 9 be no reprint, do not delay sending your order if you wish to secure it. (No. 6.) The Law Student for this school year. 1.00 The Lawyer Presidents' Picture Read the various short-time (Write combination offers on this Titles) page carefully. You will surely want to take advantage of some of them. Such books COULD NOT BE PUBLISHED to sell at these prices for merely commercial OFFER NO. 10 purposes. These are the kind of books you have always wanted to own, especially low-priced for the student (Write body. DIRECTIONS Indicate by a cross in the circle the items you desire and return this sheet with check or currency to The American Law Book Com Titles) .50 $9.50 Combination price $7.25 BOOK REVIEWS efforts of eminent lawyers," Washington College of Law Separately Bound Corpus-Juris Cyc Treatises professors to the faculty this Cohen, revised edition, xviii Patrick Henry, William Pink Covering Law School Courses year. Mr. James G. Britt will and 513 pages-G. A. Jen-ney, William Wirt, Daniel For Sale at Cost The Editor of "The Law Student," on behalf of the publication, has taken over from The American Law Book Company its entire stock of separately bound treatises from the Corpus Juris-Cyc System. These treatises, reprinted exactly as they stand in Corpus Juris-Cyc, cover practically all subjects of the law taught in law schools. They are now offered for sale by "The Law Student" at cost. On account Volume Pages Binding Stock Price perience and expects soon to velopments, is still a profession Legal Philology, Epigrams of the great value of these treatises for collateral reading publish a book on the subject and not a business. The work and Excerpts from the Legal to students taking the courses covered thereby the limited of Federal Procedure. Fran- is thoroughly documented by Opinions of Hon. Henry Lamm supply available will undoubtedly be quickly exhausted. cis Colt deWolff takes the excerpts from judicial opin- while Justice of the Supreme Orders will be filled strictly according to priority of receipt. place of Edward C. Wynne ions and otherwise, contains Court of Missouri, 244 pages- It is suggested that with each order the student indicate as professor of International the Code of Legal Ethics of F. H. Thomas Law Book Com- his second choices. One or any number of the treatises may Law. Mr. Wynne is absent for the American Bar Association pany, St Louis, Mo., 1923. be secured with the following discounts available when more the year having accepted a in an appendix, and also se-bound, preserves in accessible treatises 10% off; four treatises 15% off; five treatises This volume, attractively than one treatise is ordered: Two treatises 5% off; three fellowship at Harvard Uni- lected questions and answers form the judicial wit and wis- 20% off; six or more treatises 25% off. versity. Mr. deWolff is a of the Committee on Prograduate of Harvard Univer- fessional Ethics of the New dom of Judge Lamm. It is disity and of Columbia Univer- York County Lawyers' Asso-vided into two parts, "Epi- Treatises, Prices and Number of Copies Available grams and Excerpts" and "Le- Title sity Law School. He is con- ciation, as well as nected with the State De- graphic note on what consti-gal Philology"-the first being Bailments shorter extracts of an epi- Bankruptcy partment of the United States tutes practice of the law, and a solicitor. The Patent a complete bibliography and grammatic nature, the second, Bills & Notes longer selections from Judge Chattel Mtgs. Law course will be conducted index. No law student can Lamm's opinions. by Alva D. Adams, who was fail to benefit from its careConflict of Laws formerly a patent examiner ful perusal. Constitutional Law. and is now practicing before Eight Great American Law- Contracts the United States Patent Tiffany on Agency, 2d edi-yers, by Horace H. Hagan, Damages Office. William L. Symons tion, xiii and 485 pages (Horn- A. M., LL. B., 293 pages-Har- Deeds will continue to give the work book Series)-West Publish-low Publishing Company, Ok-Easements in Trade-Marks. ing Company, St. Paul, Minn.,lahoma City, Okla., 1923. 1924. as a mono The college reports the resignation of Elizabeth C. Har- This second edition of Mr. ris as dean after one year of Tiffany's Hornbook has been successful service. She found prepared by Richard R. B. that she could not continue Powell, professor of law in the work without neglecting Columbia The University. her practice before the courts. work should be serviceable to The former dean, Emma M. students. It follows the usual Gillett, is serving as acting Hornbook method of stating dean until a new dean is select-important principles in black ed. Miss Harris will take the letter, amplifying them in the classes in Contract Cases and text, and citing leading and Evidence Cases as formerly. important cases in the notes. The summer session very successful, having had the largest registration in the history of the college. was College of Law of the Uni versity of Cincinnati Cases on Agency, by Richard R. B. Powell, x and 405 pages (Hornbook Case Series)-West Publishing Company, St. Paul, Minn., 1924. 6 C. J. 90 Cloth 200 copies $1.50 360 Paper 68 7 " 446 1108 70 66 3.50 5.50 61 Cloth 135 Equity Envoy to Japan This is a selection of cases prepared by Professor Powell Mr. Alfred B. Benedict re- for use in connection with his signed as dean of the College edition of Tiffany on Agency of Law of the University of in the Hornbook Series noted Chicago Lawyer Cincinnati and Judge Robert above. Although less inclusive C. Pugh has been appointed in scope than might be asked acting dean. of an independent case book, Mr. George L. Clark, form- it should meet the purpose erly of the universities of intended, that of use in conStanford, Illinois, Michigan, junction with the accompanyand Missouri has been ap-ing text. pointed a full-time professor. The College of Law is E. Woods, former ambassador Principle & Surety Editor, The Law Student, 715 272 Flatbush Extension, Brooklyn, N. Y. I inclose: Currency for $.. Money Order for $ :::; ུ Mr. Bancroft is a member of for which please send me the following separately bound spending its last year in its Departmental Practice, by the law firm of Scott, Ban- treatises from the Corpus Juris-Cyc System: present quarters. The Al-Henry C. Clark of the Wash- croft, Martin & MacLeish. He phonso Taft Hall (the new ington, D. C. Bar, 2d edition, is a native of Illinois, and a law school building) now in 31 pages-Published by the graduate of Knox College and course of construction on the author, Washington, D. C., the Columbia University Law campus of the University of Cincinnati will be ready for by Occupancy September, 1925. law school of the University City or Town.. The law school has had its Great Speeches by Great of Texas. Dr. Butte anseparate building on the Lawyers, xvi and 748 pages-nounced he would resign as southwest corner of Grand Baker, Voorhis & Company, dean of the law school in (Continued page 15, col. 1) New York City, 1923. order to make his campaign. If C. O. D. shipment desired, check here [ ]. TWO BOOKS every Student and Lawyer Should Own A book to remember by and a book to check up by See Special Offer Below Make yourself a Christmas present of these two books: OUTLINES FOR REVIEW, by William Lawrence Clark, one of the ablest and the best known law writers of the past quarter of a century, and the FIRST BOOK OF BAR QUESTIONS, containing 500 actual State Bar Examination Questions, with references for full and accurate answers. These two books and a free subscription to The Law Student for this school year will make a splendid Christmas present, either for yourself or for some young lawyer or law student of your acquaintance. "Outlines for Review" is a complete analytical summary of American Law that will renew your mem ory of all you have learned since the beginning of By using OUTLINES FOR REVIEW in con- SPECIAL OFFER The Handicap of Riches So wise and profound a student of affairs as the late Sir William Osler, in reviewing the career of Dr. William Pepper, professor of medicine at the University of Pennsylvania (Philadelphia. Medical Journal, 1899), wrote the following concerning a career begun under the handicap of great wealth and an inherited great name. We will send you postpaid, on receipt of $3.75, these two books,-OUTLINES FOR REVIEW and BOOK OF BAR QUESTIONS, with Picture of our Lawyer Presidents for framing, and The Law Student for one year; or we will send C. O. D.; or charge to your account if a Corpus Juris subscriber. The American Law Book Company, 272 Flatbush Extension, Brooklyn, N. Y. FOR OTHER SPECIAL OFFERS, SEE PAGE 13 "William Pepper began life under conditions which are very often unfavorable to success. His father, a distinguished physician, the professor of medicine in the school in which his son was educated, belonged to a family of position and influence. For the young man there were none of those tempering 'blows of circumstance,' no evil star with which to grapple and grow strong. Quite as much 'grit' and a much harder climb are needed to reach distinction from the top as from the bottom of the social scale, and to rise superior to the res abundans domi has taxed to the uttermost many young men in this country. We have heard nothing of the selfnade men who are always on top; it is time now to encourage in America the young fellow who is unhappily born 'with a silver spoon in his mouth.' Like the young man in the Gospels he is too apt to turn away sorrowfully from the battle of life, and to fritter away his energies in Europe, or to go to the devil in a very ungentlemanly manner, or to become the victim of neurasthenia. To such the career I am about to sketch should prove a stimulus and an encouragement." News of the Schools high, being L shaped, fronting third floor of the east wing changes in Marquette Univer- three and one-half stories ty of 50,000 volumes. The There have been no faculty the school. The boy who starts at the bottom of the social and economic ladder at least has this advantage; he need not fear a fall. With everything to gain and nothing to lose he can go ahead confident that in this country of equal opportunity for all he will get what he earns and become what he makes himself. STUDENT To distribute "The page. For particulars Address G. Warren, Mgr. Book Dept., 272 Flatbush Ext.. Brooklyn, N. Y. 457. As we have stated before, the correct way to use these questions is to endeavor to answer them in writing without reference to Mr. Clark's text, then to turn to the text. and verify the accuracy of 458. your answers, and, finally, to investigate the Corpus JurisCyc citations in the footnotes to Mr. Clark's text, first, to learn the application of the legal principles specific 459. states of fact, second, to discover the exact position of your state jurisdiction on the 460. principles and applications thereof involved in the questions. to What is the general object of "Married Women's Acts?" What rights of cohabitation and intercourse was given by a valid marriage? What right has a hus- 469. How, if at all, may such band to chastise his wife or to restrain her of her liberty? 470. 471. Has a husband a right to a as common law for an sault and battery committed by his wife before 474. marriage? Is he liable for an sault and battery com as action be brought after the husband's death? Problems this time to a farm located in 161. A and B, being of law- a swampy district, well-known to be a dangerous location for ful age, entered into a conHow, if at all, may such tract of marriage which, in people susceptible to the maaction be brought after addition to being sufficient larial infectoin. For this reathe wife's death? with their subsequent cohabi-son A refused to accompany B to the new domicile and B What right of action, if tation to constitute a valid any, has a husband common-law marriage, also brought an action for divorce against one who alienates contained, as a part of the claiming desertion. Can he his wife's affections, or same contract, mutual agreesucceed in his action on this ground? Divorce 19 C. J. entices her away, or har-ments by A and B waiving all section 114. bors her? personal rights and obligations 168. While A was still an Can a wife sue another which the marriage relation for alienating her hus- would otherwise carry with it. unmarried infant she comWhat band's affections or enmitted an assault and battery was the effect, if ticing him away from of this contract? Marriage 26 upon B. Later, after A had her? married C, but without C's Cyc 825. knowledge, and in his absence, A again assaulted B. Upon complaining to C of his wife's action B was attacked by both A and C at the same time and severely beaten. B then brought What is the general rule as to a married woman's responsibility for crimes? Is a husband or wife criminally liable for an assault and battery committed on the other? any, 162. On January 1st A and B entered into a valid contract to marry. On February 1st, having meanwhile tired of B, A entered into a contract of marriage with C who had no knowledge of A's previous relations with B. Was A's mitted by her after mar- 475. Can a wife be guilty of marriage to C valid at com riage? 477. mon law, jointly with her 479. Can a wife, at common 480. or If a married woman is in- separate actions against A for the first two B jointly for the third. At the assaults, and against A and larceny in taking her mon law? Marriage 26 Cyc trial of the action against A husband's money? 839, 848. Under what circumstan- 163. A married B, and while and B jointly it did not apces is a man guilty of she was living and his lawful pear whether the wife acted larceny in assisting a wife he married C. Then B by the direction of her husband wife to take and carry died and afterward A married or not. In which of these actions can B recover from the away her husband's prop-D during the lifetime of C, erty? 164. If a man and woman 169. A husband committed agree to enter into the marriage relation, and in pursu- a brutal assault upon his wife, ance thereof live together as permanently injuring her and husband and wife, without go- causing great mental and law in his wife's personal ing through any formal cere- physical suffering, and she property in possession? mony, are they legally married paid her hospital expenses and If a husband makes no if there is no statute prescrib-doctor's bills. Could she mainclaim to his wife's per-ing particular formalities? tain an action at common law sonal property in pos- Marriage 26 Cyc 837. for damages; and why? Could session, can it be seized 165. If a man and woman the husband be prosecuted by his creditors and sub-who may lawfully intermarry criminally for the assault? jected to the payment of go through a complete cere- Husb. & W. 30 C. J. sections his debts? mony, before a justice of the 317, 318, 320. Who is entitled at com- peace who has the proper aumon law to a wife's per-thority, merely as a joke, are sonal property in pos- they married; and why? Marsession where her hus- riage 26 Cyc 832. 170. A's wife was injured on a street car by reason of the street railroad company's negligence and was in a hosband dies before her? 166. A, who had given B, pital as a result of such inWhat is meant by a his wife, sufficient grounds of juries for thirty days, sufferwife's paraphernalia, and divorce by acts of adultery on ing great mental and physical to whom do they belong his part, had carnal inter- pain, A paving her hospital at commor law during course with B by the use of and doctor's expenses. the life of the husband force and violence and against what causes of action do the and wife? her will. A was then indicted above facts give rise at comfor raping B. Could he be mon law, and how may such convicted of his crime? Rape action or actions be brought 33 Cvc 1419. during coverture; after di Specimen Bar Examination Questions on Pages 8 and 9 THE Copyright, 1925, by LAW STUDENT VOL. II, NO. 3 The American Law Book Co. BROOKLYN, NEW YORK CITY BLACKSTONE AND THE COMMON To-day the Common Law of and God-fearing New EngEngland is also the Common landers and Virginians shrank Law of America or rather of istical excesses. Those who back affrighted at its atheall the forty-eight States which desired a Frenchified code were make up the great Republic, denounced as "Jacobins," and except some half-dozen which, rapidly driven out of public owing to historical accidents, novel code was abandoned, life. The task of framing a possess French or Spanish law and the judges were left to as the basis of their system of discover principles of law for jurisprudence. Indeed, in the themselves. en United States the old Com- Thirteen States, forbidden by every shred of English Mon In This Issue archial tradition. It was in- Judah P. Benjamin tended to draft a Code of News of the Schools Page I Judah P. Benjamin (1811-1884) JANUARY 1, 1925 NEWS OF THE Columbia University Karl Nickerson Llewellyn, associate professor of law at Yale University, is the visiting professor at Columbia for the year 1924-1925, and is giving the course in Sales. Mr. Llewellyn was retained in 1922 by the committee on Commercial Law of the Commissioners on Uniform State Laws as its draftsman to prepare the proposed Uniform Chattel Mortgage Act. Roswell F. Magill, formerly a special attorney for the United States treasury department in connection with the new Revenue Act and the income tax regulations, has been appointed assistant professor of law, and is giving the course in Pleading and Practice I and Pleading II. William T. Taylor, a graduate of the Columbia Law School in the class of 1923, has been appointed assistant to the dean, and succeeds Professor Y. B. Smith as secretary of the faculty of law. University of Pennsylvania Philadelphia, Pa. Auxiliary Courses: Ten hours of lectures by Raymond M. Remick, Esq., of the Philadelphia bar, on Orphans' Court Practice, will be given beginning February 9th, 1925. the Thirteen Confederated afford to possess a law-library, States achieved their Inde- just as the Halsbury "Laws of pendence, the two dominant England" has spread to Fiji parties, Democrats and Fed- Isiands, West Indian Crown erals alike, were possessed Colonies, African Protectorwith an intense hatred of ates, and is often the comEngland. They wanted to get plete law-library of court and "Were one of our popular to point out that even fiction rid of everything English. It practitioner alike in these re- novelists to take as his hero has its limits. But should this was French models which apmote seats of English Law. a penniless immigrant lad, and bold novelist dare to slip in Two lectures will be given pealed to them, and France (Continued page 14, col. 3) have him gain one fortune, a chapter or two making his by Layton B. Register, lecturin all respects except her and when that was lost, an- hero one of the central figures er, on the subject of the ManRoman religion and her abather, and when that was of a great war, and a little agement of the Law Office, solute Monarchy-which they swept away, another; and then later a proscribed rebel, have and twenty-six moot court desired to copy. A Constituwere he to have him achieve him make a leisurely escape arguments for third-year men tion was drawn up which was national fame under one flag, through a country overrun are scheduled for this season. supposed to have got rid of Blackstone and The Law.... 1 international renown under with watchful enemies, and, Professor David Werner another, splendid distinction after getting him to seeming Amram presents his revision 1 under yet a third, and die at safety, first shipwreck him of the Pennsylvania Practice a ripe old age domiciled un- and have him picked up in Act of 1915 to the Law Assoder a fourth, not a few read- open sea, then finally let him ciation of Philadelphia for disers would feel that the law of reach his destination with the cussion at its December meetprobabilities had been violated. vessel in flames and scarcely ing. 3 If in addition to this he made able to make the harbor in Notre Dame Law School that hero a scion of that re- safety, and soon afterwards, Notre Dame, Ind. markable people whose his- as a sort of grand climax, Beginning the second sem4 tory, as George Eliot says, have the last remnant of his is a national tragedy lasting fortune perish in a bank fail- ester of the school year 19245 for fifteen hundred years,' had ure, 'preposterous, impossible, 1925, Judge Galatzin Farahim conquer, in the most aris- absurd,' would, doubtless, be baugh of South Bend will detocratic of cities, not merely mild expressions of critical liver a series of lectures on Extraordinary Legal Remethe obstacles of rank and wrath." fortune, but that sterner, al- The above quotation is tak- dies, Construction of Statutes, 10 most impassable, barrier of en from the chapter on Judah and Drafting of Legal Instrurace prejudice, and marry the P. Benjamin in Horace H. ments. Special lectures will 11 beautiful and charming Hagan's book, "Eight Great also be delivered by former daughter of one of its first American Lawyers." Born on Attorney-General Hogan of families, reviewers would the Island of St. Thomas, in Ohio. .16 think it incumbent on them (Continued page 3, col. 3) (Continued page 6, col. 1) the Common Law based large ly on Roman Law. Hamil- Bar Examination Statistics.. ton having finished his Her culean task of drafting the New C. J. Volumes........... Constitution and the Memo randum on Fiscal Policy-still Legal Questions the most able exposition of Cases of Interest the protectionist case in exist ence was engaged on the Briefmaking task of adapting Roman of America, when his untimely State Bar Questions 1 3 4 5 French Law to the conditions Law Student's Digest.. 8 death in a political duel de prived the world of what Legal Ethics would certainly have been a unique code. Before others Rufus Choate Book Reviews could take up the task fallen .14 |