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THE LAW STUDENT

A Journal published during the law school year by The American Law Book Company to give the news of the law student world; to build professional ambition; to promote knowledge and observance of legal ethics; to develop skill in legal research; and to give experience in analyzing and dealing with bar questions.

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There are many talents which will yield success when properly employed, but the most brilliant abilities are useless unless the possessor is actuated and moved in their employment by ambition. Without the purpose to succeed, to make the most of what one is born with or has acquired, the ablest man drifts aimlessly through life, achieving nothing for himself or others, and frittering away those qualities of leadership and accomplishment which, purposefully directed, would have made him a leader and not a cipher.

A glance at the life histories lying back of the names of eminent ones, who have led rather than followed the progress of mankind onward and upward, will show that the seed of success in all fields of endeavor consists less in abstract ability than in ambition and the will to achieve. Thousands of times the man of steadfast purpose has surpassed in the long run of time accomplished rivals of more brilliant talents but of less tenacity and bull-dog grit. The man who will not be whipped, cannot be whipped, however imposing the initial advantages and inborn talents of his competitors. There is a quality in the human spirit which will rise supreme above all disaster and defeat provided only that this quality, a compound of courage and intellect, of heart and mind, has realized itself through ambition as a clean cut and definite purpose in life.

Without ambition, the will to succeed, there can be no directed effort, and without directed effort the least obstacle will defeat a life and destroy a career. Man is man solely by virtue of his capacity to plan a work and to work out his plan; no one can fulfill the ideal of a purposeful existence unless motivated by a constant urge to go forward and achieve. If there is in you the divine spark of dissatisfaction with things as they are, nourish and fan it into a flame of determination to reach your goal; if you have not this spark of ambition, of determination to alter the conditions of your life to accord with your proper and legitimate hopes, bring it to life within you at once, for without its motive power you cannot be more than an aimless drifter.

Ambition and work are the mainsprings of success; without ambition, work is aimless; without work, ambition is fruitless. With both there is no obstacle, however great, that cannot be overcome, no triumph of material success so splendid that it cannot be achieved.

"Something is the matter with the mainspring of life of a man or woman, old or young, if there is no ambition in the mind or heart.

"They are like plants that will not grow in the cold, and if they are put under glass with other vegetables, still there is no sign of growth.

"A great name and an honorable ancestry will not supply the lacking mainspring."-John Wanamaker.

THE INCENTIVE

SUGGESTIONS AND COMMENT

Editor of The Law Student. Dear Sir:

Editor of The Law Student. Dear Sir:

I have just received the I think "The Law Student" October number of your ex- is one of the best and most cellent paper, "The Law Stu- inspiring little papers I ever dent," and I wish to thank read. you for your kindness in sending it to me. It is certainly a great help to students, and I find it profitable to read every Editor of The Law Student. word of it as soon as possi- Dear Sir:

ble.

Cornelius Otts, Spartanburg, S. C.

offered by no ordinary text because it leads the student directly into Corpus Juris and thence into the original sources of information for further instruction upon any chapter taken up. It has chapters on Torts and Crimes and sources not found in the ordinary text on business law, also the cross references to other subject I am also hastening to re- pertinent, I would like to say of Corpus Juris are an aid. Without intending to be im- topic articles found in the corresponding subject article quest a copy of your free that you ought to rechristen book, "Principles and Prac- Clark's "Outlines" to read Corpus Juris offers also a tice of Legal Research," which "Clark's Outlines of the Fun- means of bringing the text you offer to law students. I damental Principles of the Law statement down through the know it will be up to the for Introduction and Review." supplements to the encyclostandards of your paper and You constantly emphasize its pædia. It has many advanyour other books, one of tages not offered by a mere which-Clark's "Outlines for utility as a bar whip or review work, but I find it partext due to its relation to the Review"-I am now reading. ticularly good as an outline for encyclopædia. Q. R. Dungan, use in elementary or business Bartlesville, Okla. law, affording advantages

Carl Sargent, Syracuse, N. Y.

FROM "INSURRECTION AND SEDITION" Lawyers Who Would
TO "LIABILITY INSURANCE"

Four New Corpus Juris Volumes

Not Give Up
(Continued from page 1)

the West Indies, August 6th,
1811, Benjamin immigrated to
the United States and settled
in the south. In 1825 he en-
tered Yale, but was forced to
withdraw in his sophomore
year by lack of means.
then went to New Orleans, be-
34 came a clerk in a notarial

issue of this paper; the scope
of this article will therefore
be limited to volume 34, 35,
and 36.

Four volumes of Corpus Juris, volumes 33, 34, 35, and 36, have been published between March and December "Judgments." Volume of 1924, completing the title "Insurance," and carrying the Corpus Juris is completely occupied by the continuation of work through to the first sub- the title "Judgments" from divisions of "Libel and Sland-volume 33. Particularly noteer," including the intervening worthy in its contents is the discussion of judicata titles: which continues from page "Insurrection and Sedition," 742 to 1080, nearly 350 pages, "Interest,"

"Internal Revenue,"
"International Law,"
"Interpleader,"

"Intoxicating Liquors,"
"Joint Adventures,"
"Joint Stock Companies,"
"Joint Tenancies,"
"Judges,"

"Judgments,"
"Judicial Sales,"
"Juries,"

res

and considers the questions
arising as to the effect of a
judgment as a merger or bar
of causes of actions and de-
fenses, and as conclusive of
particular matters, and as to
particular parties.

to

He

office, was admitted to the bar of Louisiana in 1832, compiled a digest of the state reports, and in ten years was one of the leaders of the Louisiana bar. He shortly entered politics, became a member of the state legislature, a member of its Constitutional Convention in 1852, and was elected to the United States senate. Shortly thereafter he was crippled financially through having endorsed a friend's note for $60,000. Turning again to the Other chapters of equally practice of law he speedily regreat importance take up the couped his fortunes. On the relief secession of the southern right equitable against a judgment and the states, including Louisiana, manner in which it may be Benjamin became secretary of obtained, and collateral at- the department of justice of the tack of a judgment. The ren- Confederacy, and later bedition, nature, record, and came its secretary of war. docketing of the judgment, After the fall of Richmond, the amendment, correction, Benjamin escaped to Great and vacation of judgments, the Britian, where, having already lien of the judgment, the pay-made two fortunes and lost and "Liability Insurance." A word as to the meaning, ment, satisfaction, and dis- the second through confiscacharge of judgments, foreign tion of his property by the materially and mechanically, judgments, judgments in rem, United States, he began, in of the publication of four vol- actions on judgments, arrest 1866, his fifty-fifth year, to umes of Corpus Juris, may not of judgment, and certain par- read at Lincoln's Inn, London, be here amiss. The four vol- ticular kinds of judgments, for admission to the English such as judgments by con- bar. In the same year he umes comprise nearly 5,000 fession, judgments on was given a license to pracpages, 4,947 pages to be exact, sent, judgments on offer, judg- tice. His professional success exclusive of all preliminary ments on admission in plead- is shown by the following matter. Owing to the extreme-ing, judgments by default, and table of his earnings at the ly large page and condensed judgments on motion or sum- bar from 1867 to 1882:

"Justices of the Peace," "Kidnapping,"

"Landlord and Tenant," "Larceny,"

"Levees and Flood Control," "Lewedness,"

con

mary proceedings - all of
these are discussed in full in
other chapters.

£ S. d.
495 12

703 0 8

Year

1867.

1868.

1869..

1,074 7

1870.

1,480 3 0

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1882.. 12,789 5 3

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typography of Corpus Juris, this is equivalent to more than It should be remembered 15,000 pages of the type and size usually employed in legal that "Judgments" is a general title and that many things textbooks or the equivalent which relate peculiarly to the of more than 15 volumes of matters discussed in various such books. Four volumes of particular titles are treated in Corpus Juris contain upward such particular titles. For exof 300,000 citations of authori- ample, while matters which "Every page is full of practies. It is fair to assume that are common both to judgthe average number of books ments at law and decrees in (Brooklyn, New York City) is tical hints and of interest not in common use even in the equity are discussed in the a bright, sparkling, stimulat-only to the candidate reading for the law examination, but largest of law libraries does general title "Judgments," mating, useful journal which it is to the legal practitioner. It not exceed 25,000. This means ters which are peculiar to dea pleasure and a privilege to contains messages from emithat to prepare the four vol- crees in equity are discussed read. The object of the jour-nent lawyers, with their porumes of Corpus Juris, work in the title "Equity." So, likenal is 'to give the news of the traits, cases of interest, exequivalent to an examination wise, judgments for or against Judah P. Benjamin would law student world; to furnish reviews, cartoons, and a colamination questions, articles, of every volume in a law particular classes of persons library of that size not once, are discussed in the titles giv- not give up. A poor emigrant material useful in preparation umn of wit and humor. In the but twelve distinct times, and en over specifically to such boy, he won for himself an the making and placing of a persons, and the same rule education and admission to the for the bar examination; to May issue of 'The Law Stucitation after each examina- applies as to judgments in practice of law. He made one develop skill in legal research.' dent,' Calvin Coolidge, 22nd tion of each individual vol- particular actions and pro- fortune, and lost it through It is published at intervals dur- Lawyer President of the ume, was required. This is ceedings. Specific references endorsing a friend's note; he ing the law school year by United States, has extended Law Book his personal greetings to law somewhat appalling, and it to these particular titles will made a second fortune, and The American may be truthfully said that be found given upon page lost it through his part in the Company in the interest of graduates in in no science other than the 1046 of volume 33 Corpus great rebellion; he went to law students and the cause of law is it necessary to deal Juris. with such an enormous mass of material, nor has such a mass of material in any other work been so systematically dealt with.

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LEGAL QUESTIONS SUBMITTED BY LAWYERS

Answered by the Legal Research Department of The American Law Book
Company

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 a subscriber and are seeking to establish a proposition and find difficulty in finding the law stated, write us, stating 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.

Can the defendant in a A enters into a written con- not recorded. What are the bastardy proceeding for the tract with B in 1917 for the rights of A? maintenance of the child, purchase of a house and lot, The answer of the Legal show his general good moral title to remain in B until last Research Department referred character in defense of the installment paid by A. A en- the subscriber to Mortgages, charge that he is the father ters into possession and pays 27 Cyc, p. 1189. of the child? installments due under the The answer of the Legal contract until June, 1924, when Research Department referred the subscriber to Bastards, 7 C. J., p. 991, § 121.

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she goes to B to make last Where one of two sureties
payment under contract. A pays the holder one half of
then learns that B gave a the amount due on a note,
mortgage to C in March, 1921. does this discharge the surety?
B has been adjudicated a
The answer of the Legal
bankrupt and has left the Research Department referred
state. C is attempting to fore- the subscriber to Accord and
close the mortgage. The con- Satisfaction, 1 C. J., p. 539, §
tract between A and B was 40.

CASES OF INTEREST

Brief Notes of Recent Decisions

Agency-Ratification-Necessity for Purporting to Act as Agent. Where plaintiff authorized an agent to contract for the drilling of an oil well on plaintiff's property, and the agent contracted in relation to another person's property, and did not purport to act for anyone else, it was held that the rule of ratification was applicable only where the ratiacknow-fied act purported to have been made in another's behalf. Nowata Oil Syndicate v. Commercial Nat. Bank, 219 Pac. 339 (Okla.).

The answer of the Legal Research Department referred the subscriber to Corporations, 14A C. J., p. 326, § 2171. The subscriber ledged the receipt of the information as follows:

"I sincerely thank you for the information contained in your letter of the 17th instant, which answered the question that I had in mind. I also received the copy of the Law Chart, for which I thank you."

Criminal Law-Accomplices Requiring Corroboration. Detectives gave marked money to a person who went to defendant and purchased intoxicants from him. The court held that they were not accomplices, but required that their testimony should be corroborated before conviction could be obtained on their evidence alone. Shaw v. State, 255 S. W. 616 (Tex.).

In an opposition to a discharge in bankruptcy, opposEstates-Estate Tail. Testator devised to an only ing creditors should enter daughter "the remainder of my property, for the length of appearance and file their her lifetime only, my intention being that she shall have the specifications with the clerk. income only from said property." The will then provided Does the entering of appear- that if the daughter should marry and have issue at her ance and filing of specifica- death, the property should descend to them share and share tions with the referee vitiate alike; if no issue, then over to testator's estate. It was held the creditors' opposition and that, the rule in Shelley's Case having been abrogated in allow unmolested discharge? Kansas, the device gave the daughter an estate tail. Gardner The answer of the Legal v. Anderson, 221 Pac. 255 (Kan.). Research Department referred the subscriber to In re Kend

rick, 226 Fed. 980 cited in the Third Permanent Volume of Annotations for 1921, p. 577 under 386-43 1/2-New.

Contract-Anticipatory Breach. Where plaintiff, as agent for a foreign concern, contracted to sell defendant wood pulp to be shipped from the country at stated future dates, and defendant repudiated the contract before the time set for the first shipment, plaintiff refusing to rescind and later making defective shipments which defendant would not acIs asking the court for "time cept, plaintiff could recover before the time set for the to plead" placing yourself final delivery, not having waived his rights by his attempts within the court's jurisdiction, to perform. Lagerloef Trading Co. v. American Paper Prodor is it possible after asking ucts Co., 291 Fed. 947. for "time to plead," to attack

the service or ask for a change

JUSTICE AND LAW

The opinion of the court in this case does not yield to the force of that appeal. Having written it, I avail myself of the opportunity afforded by this application, to present my own views upon the foundation and force of this appeal to the sense of justice of the court, whether used as an influencing consideration, in interpreting and enforcing the rules of law, or directly urged as the basis of judicial action. A frequent recurrence to first principles is absolutely necessary in order to keep precedents within the reason of the law.

Justice is the dictate of right, according to the common consent of mankind generally, or of that portion of mankind who may be associated in one government, or who may be governed by the same principles and morals.

Law is a system of rules, comformable, as must be supposed, to this standard, and devised upon an enlarged view of the relations of persons and things, as they practically exist. Justice is a chaotic mass of principles. Law is the same mass of principles, classified, reduced to order, and put in the shape of rules, agreed upon by this ascertained common consent. Justice is the virgin gold of the mines, that passes for its intrinsic worth in every case, but is subject to a varying value, according to the scales through which it passes. Law is the coin from the mint, with its value ascertained and fixed, with the stamp of the government upon it which insures and denotes its current value.

The act of moulding justice into a system of rules detracts from its capacity of abstract adaptation in each particular case; and the rules of law, when applied to each case, are most usually but an approximation to justice. Still, mankind have generally thought it better to have their rights determined by such a system of rules, than by the sense of abstract justice, as determined by any one man, or set of men, whose duty it may have been to adjudge them.

Whoever undertakes to determine a case solely by his own notions of its abstract justice, breaks down the barriers by which rules of justice are erected into a system, and thereby annihilates law.

A sense of justice, however, must and should have an important influence upon every well organized mind in the adjudication of causes. Its proper province is to superinduce an anxious desire to search out and apply in their true spirit, the appropriate rules of law. It cannot be lost sight of. In this, it is like the polar star that guides the voyager, although it may not stand over the port of destination.

To follow the dictates of justice, when in harmony with the law, must be a pleasure; but to follow the rules of law, in their true spirit, to whatever consequences they may lead, is a duty. This applies as well to rules establishing remedies, as to those establishing rights. These views will, of course, be understood as relating to my own convictions of duty, and as being the basis of my own judicial action.

[Judge J. Roberts, in Duncan v. Magette, 25 Texas 245, at pp. 252-254.]

Detective to

the person whose assistance is obtained manifests interest in

Scrutinize Jurymen the trial, and, either directly

or indirectly, communicates It was urged as a ground the fact of his employment to for reversal in the case of any member of the jury, or Castleman v. Continental Car lets any of its members know Co., et al., 258 Southwestern of his connection with the Reporter 658, that defendants case, it would be highly imtective agency to assist them justify the setting aside of the had employed a private de- proper, and would no doubt in the selection of a jury to verdict....

try the case.

The court of

"The extent of such assistappeals in Kentucky, discuss- ance should be alone confined ing this phase of the case, to furnishing information as speaking through Mr. Justice to the standing, surroundings, Thomas, said: "We can see no impropriety and connections of the pros in counsel or litigants in cities pective juror, and such other of venue? Would asking for Gifts-Writing Not Under Seal. The owner of bonds held like Louisville engaging the facts concerning him as couna continuance have a like by a bailee wrote to the latter expressing her intent and services of some one to legiti-sel or client may desire, and in effect? desire to give the bonds to the bailee and his wife. After mately obtain information no case should the jury be inthe owner's death, her representatives filed a bill in chancery concerning prospective jurors, formed, either directly or into recover the bonds. It was held that the letter was effective to create an irrevocable gift inter vivos. Northern Trust Co. v. Swartz, 141 N. E. 433 (III.).

The answer of the Legal Research Department referred the subscriber to Appearances, 4 C. J., p. 1339, § 31.

for the purpose of enabling directly, of the employed ascounsel to properly make their sistance."-From Chicago Leselection at the trial. But if gal News.

LAW SCHOOL TRAINING IN BRIEFMAKING

An Important New Text for an Important Course

as to Damages

tion of Substantive Law
Sufficiency of Evidence
Instructions to Jury
Instructions Presenting

Both

THE LAW STUDENT'S DIGEST

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

Libel and Slander-Privilege of Comment or CriticismThe law schools of the United States of late years have been giving_many more courses in pleading, practice, and briefmaking than was formerly the case. This develop-Liability of Newspaper. The extent to which newspapers and ment is in every respect a healthy one. Obviously it is of the greatest importance to the in the case of Rutland v. Cole, 134 Wis. 367, 127 N. W. 959, other parties may go in publishing articles is well expressed law student that he receive in school as thorough a training as possible in the practical business of finding the law (legal research) and presenting the results of his search in a of newspapers may in the columns of their papers argue in where the court stated as follows: "Editors or publishers logical and orderly way (briefmaking). Before this development in legal education many brilliant law students upon first leaving school lost months and even years before finding opposition to or in advocacy of any public measure like themselves in a professional way simply because they lacked training in the intensely prac- other citizens, and in doing so they are not confined within tical tasks of searching the law and of presenting their authorities to a court, whether trial narrow limits, but outside of the restrictions of the libel law the whole compass of eloquence, imagery, and logic or appellate. Illustration of Mixed Question | application of the results of armed with all the weapons in the arsenal of logic, emis available to them. They may enter the lists of debate Burden of Proof Usually Question of trial briefs and briefs As was humorously but not inaccurately said in Berry v. his researches to the prepara- bellished with all the ornaments in the gallery of rhetoric. on appeal. Co-operating with Georgia, 10 Ga. 511, 523: 'Here, under the fullest inspiration the law schools in their en- of excited genius, they may give vent to their glowing condeavor to supply this train- ceptions, in thoughts that breathe and words that burn. ing, Dr. Kiser, in this treat- Nay more, giving rein to their imagination, they may permit ise on practical briefing, shows the spirit of their heated enthusiasm to swing and sweep most lucidly and most thor- beyond the flaming bounds of space and time-extra flammanOughly just how the student tia moenia mundi. In this illimitable field for the exercise of and lawyer should approach their talents they have only to avoid untruthful accusations the task of analyzing a client's of crime, or untruthful insinuations of criminal conduct, and case into its component ele- such untruthful, scandalous, and defamatory expressions as ments, just how to exhaust the would subject the person written of to public ridicule, hatred, authorities on each separate or contempt." Oklahoma Pub. Co. v. Kendall, 221 Pac. 762 aspect or legal question of the (Okla.). whole case, and just how to put the result of his analysis and researches into an adequate trial brief or a convincing brief on appeal.

In an endeavor to co-operate with the law schools of the country in training law students in the use of law books and the preparation of briefs, The American Law Book Company has published Dr. Donald J. Kiser's "Principles and Practice of Legal Research," Vol. 2, on Practical Briefmaking, taking up in a series of twelve lessons this highly important subject of Practical Briefmaking. The work, a companion volume to Dr. Kiser's original treatise on legal research, has been prepared to assist the law student in connection with his law school work in securing training in the application of his knowledge of and skill in legal research to the practical work of preparing cases for trial and for argument on appeal.

An idea of the exhaustive method of treatment adopted by the author can be gained from the table of contents and analysis here reprinted:

TABLE OF CONTENTS
The Practical Brief Making Course
in Twelve Lessons

Lesson No. 1, Introductory
Finding of Authorities
Sources

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A Claim against a Bankrupt
Altered Status Important
The Question Relating to Bank-
ruptcy

What Claims Are Discharged by
Bankruptcy Proceedings

"All Fours" Case in Annota-
tions

Reasoning by Deduction

Variations of Statement of Facts
for Investigation

Lesson No. 3, Investigation of Case
Involving Trespass

Examine Analyses to See Rela-
tion of Specific References to
Corpus Juris and Cyc to Title
as Whole

Statute of Limitations

Merits of the Case

The Points of Law

Substantive and "Adjective

Questions

Several Objections to Single In

struction

Framing Instructions

Lesson No. 6, Use of Corpus Juris

in Preparation of Case
Introduction

Statement of Facts

Examination of Substantive Law
Lesson No. 7, Use of Corpus Juris

in Preparation of Case (cont'd)
Further Investigation of Sub-
stantive Law
Form of Action
Pleading

Damages

Evidence

Instructions

Conclusion

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(cont'd)

Subject Index

List of Authorities

Reference to Record and Adver-
sary Briefs
Proof Reading and Verification
of Citations

The Illustrative Brief

Lesson No. 12, The Brief on Appeal
-Saving Questions for Review
Importance

Questions Which May Be First
Urged on Appeal
Objections and Motions and
Rulings Thereon
Exceptions

Motion for New Trial
Illustrative Matter

The Law Chart

Pages from Corpus Juris
Bankruptcy Analysis
Bankruptcy Text
Bankruptcy Annotations
Carriers

The Brief on Appeal

The law schools of the country by the institution of Practice Courts, Moot Courts, Variations of Statement of Facts and courses in Briefmaking

Prime Questions

for Investigation

Lesson No. 4, Case

Sales and Carriers

Statement of Case

Investigation

Involving

Appeal and Error-Harmless Error Favored. "The doctrine of harmless error is favored by the courts, and is applied whenever it seems reasonable and safe to do so." Windsor v. Carlton, 118 S. E. 222 (Va.).

Dr. Kiser's treatment of the subject is not abstract; his text throughout is developed along lines of working out Intoxicating Liquors-Odors of Brewing. "Brewing of concrete problems of research beer and fermentation of ingredients into wine send forth and briefing. In furtherance odors all their own. A sleuth, seeking evidence, may employ of his practical method of his sense of smell, and, if he sniffs liquor, follow his nose to treatment the publishers have the place the smell leads him. Every hungry schoolboy can prepared a series of ten ques- tell, by sense of smell, before reaching the kitchen door, the tions for the use of students mainstay for dinner. The fragrance of ginger bread, pumpkin in law schools in connection pies, and fried cakes, the aroma of coffee, jams, jellies, and with the course in which Dr. preserves in the making, and the odors from cooking cabbage, Kiser's treatise is used as a onions, and turnips go beyond kitchen doors; so do the odors text. Careful study of the of brewing mash and fermenting wine masses. Defendant work itself and the illustrative evidently overlooked this fact, and now, to liberally paraexamples therein, in conjunc- phrase an old saying, his remedy is to blame the brew and tion with thorough working ferment scent for betraying the safety the house door lent." out of the ten practice ques- People v. Schregardus, 197 N. W. 573 (Mich.). tions under the school professor in charge of the course, must inevitably render the student on graduation a more competent and better equipped lawyer than he would otherwise be.

This present treatise of Dr. Kiser's, like its companion volume, contains besides the author's text a reprint of the Law Chart, specimen pages of Corpus Juris involved in the author's examples, and a model brief on appeal printed by permission of counsel, also lessons 8 and 9 on the trial brief reproduce liberally from a specimen brief of that character.

Copies of "Principles and Practice of Legal Research," Vol. 2, on Practical Briefmaking, bound in red fabrikoid for and the use of law books, are office use, will be sent postcoming to accord more and paid to any address on receipt more recognition to the need of the price, $2.00. A limited that their graduates be pre- edition of paper bound copies Facts for Investigation pared for the practice of law of this work, for use in conLesson No. 5, Differentiation of Sub-beyond a mere theoretical nection with the course in stantive and Adjective Questions knowledge of the fundamental briefmaking, has been preSubstantive or Adjective Law rules and the leading authori-pared for free distribution Necessity for Observing Distincties. The graduating student during the present school year Avoidance of Double or Mixed should have received training only. Hereafter the price will in research work and in the be 50 cents.

Variations of Statement

tion

Questions

of

GRIT

Twenty-five winters ago he crawled in the snow across the campus of Valparaiso University and up the stairs to his class rooms.

Today he still crawls, but to the court room to represent clients who place all their confidence in him. He has won repute as an attorney.

Recently J. Willard Moffett visited his old school again and crawled up the steps of the administration building to write his check toward the campaign which Valparaiso alumni are conducting to revitalize their alma mater.

Crippled for life by infantile paralysis at the age of five years, Mr. Moffett has done, without the use of his lower limbs, what few men do with bodies intact. It was difficult to crawl from place to place-sometimes nearly impossible-but not once was he late to class. He was graduated from the School of Law with the LL. B. degree in 1900.

Since then he has figured in some of the most important cases tried in the supreme and appellate courts of the state, and has come to be the leading attorney of Huntington, Ind. He has repeatedly refused the honor of holding political offices because he prefers his practice.

"There is only one school where I could have received an education without embarrassment, without discouragement, and that one is Valparaiso University," Mr. Moffett says. "I want to help in making it possible for others to get this assistance."

News of the Schools
(Continued from page 1)

An Old Institution and Its
Law School
Eighty-two years of ser-
vice is the record of Cumber-

Northwestern College of Law

Minneapolis, Minn.

The Northwestern College of Law opened its session for the year 1924-1925 on the 8th day of September, 1924.

ation; Professor Wm. Howard formerly with Bowersock and

state representatives at the George Washington Univer-
next legislative assembly of
the state of Oregon.

Minnesota College of Law

sity Law School Washington, D. C. Professor Hector G. Spaulding has returned after a year's leave of absence at Harvard University, where he took the postgraduate course in law

University of Missouri Law School Columbia, Mo. Professor Merton L. Ferson resigned in June to become dean of the Law School at Minneapolis, Minn. The following have been the University of North Carland University. Established added to the faculty: Profes-olina. Mr. Guy V. Head, A. B., pressure of business, will not and received the degree of Dean Simpson, owing to in 1842 in Lebanon, Tennes- sor Daniel Carmichiel, who University of Missouri, J. D., teach this year. Mr. L. O. S. J. D. (Doctor of Law). Prosee, except for a few years will teach the subject of Tax- Harvard Law School, 1917, Rue will relieve Dean Simp-fessor Spaulding is giving the Anderson, who will teach Fizzell of Kansas City, Mo., Law. Judge Williard L. Con- Law, Equity, and part of the son and teach Constitutional courses in Administrative Contracts; Professor Andrew is now a member of the law verse, who formerly taught work in Property I. faculty. Mr. Frank Chambers Equity, will teach Private Corhas also resigned. Professor porations in place of Mr. Rue, Moll, A. B., Concordia College, J. W. Simonton, who was on leave of absence during 1923- vice president and trust offi- S. J. D., Harvard University, and William J. Stevenson, LL. B., University of Indiana, 1924, taking work at Harvard, cer of the Wells-Dickey Trust has now returned and resumed is new to the faculty this Company, will teach Equity in his work on the faculty. He conjunction with his regular in Contracts and Sales, and year, and is giving the courses will give a course on Jurisprucourse in Uses and Trusts. dence, during the winter semwill also give the course in A course ester of the present year, Compensation has been added on Workman's Roman Law in the second which has not heretofore been to the work of the freshman given.

during the Civil War when her buildings and equipment were burned and her endowment rendered worthless, she has had an unbroken history devoted to the cause of education in America. Four years after the birth of the original institution, the Law School was created.

Many Cumberland men are on the honor roll of the na

Johnson, who will teach Min-
nesota Practice and Procedure;
and Colonel Jerome Jack
man, who will teach Legal
Bibliography.

The new secretary of the

school is Miss Marguerite
Lentner.

The school has taken over tion. It has sent out 22 Col- splendid new quarters in the lege Presidents, 60 College Physicians and Surgeons Professors, 60 Congressmen, 7 Building. This year's enrollUnited States Senators, 15 ment exceeds the enrollment Governors of States, 2 Justices of previous years. The school of the U. S. Supreme Court, has again raised its scholas130 District Judges, 12 Federal tic standards. Judges, and 32 Justices of State Supreme Courts. Twelve hundred ministers have been numbered among its former students, Many business men of means and educators of high rank by the hundreds compose its distinguished roll of alumni. Besides the outstanding men who have wrought publicly for their country, Cumberland has given to the nation much of southern tradition and culture.

During the present session, 27 states and two foreign countries are represented in Cumberland's student body. While the largest group comes from Tennessee, there are 46 from Texas; 35 from Oklahoma; 29 from Kentucky; 25 from Mississippi; 18 from Alabama; 12 from Arkansas; 10 from Missouri; 7 from Florida; 6 each from Pennsylvania and Georgia; 5 each from Indiana, North Carolina, and Washington, D. C.; 4 each from New York and Virginia; 3 from Ohio; and one each from China, Japan, South Carolina, Maryland, Massachusetts, Minnesota, and West Virginia. There are 560 students enrolled at the time of writing this article, and, compared to enrollments at similar dates in previous years, the total will reach 750 or more this year as compared with 662 last session.

year.
Plans are under way for a
new law building at the uni-
versity, and work will be
started in the near future.

WHAT WILL YOU TAKE AWAY
FROM LAW SCHOOL?

You will take away from law school on graduation just what you bring to it during your courses. If you are idle and neglect your law school work, if you do not keep yourself in proper physical condition, if you do not make full use of the facilities of your school, you will carry with you into after life neither a knowledge of the principles of the law nor a capacity to reason and think legally. On the other hand, if you direct yourself seriously to the work laid out for you and other students, do it day by day in due course, review it properly to keep your knowledge alive, and refuse to permit outside distractions to interfere with your professional training, you will leave school with a full acquisition of legal knowledge, culture, and training in how to think.

Work is the foundation of all success, and just as the foundation of a building is its most important part, so the foundation of your professional career, your law school work, is the most important thing in your life not only now but hereafter. Any time you waste now can never be regained or made up. A lecture cut by you, a case not read, any assignment of school work not attempted in good faith, means a handicap in later life at the bar. There is no use blinking the fact.

On the other hand, the student who applies himself systematically to his books, and who avails himself of the knowledge of his professors and the other facilities of his school, cannot fail to achieve success not only in his law school course, but subsequently in the practice of law. Application to the work at hand is necessary, and if not always pleasant yields sure returns.

Undertake your school work earnestly, do it well, review it constantly, and in the future you will have no regrets for lost opportunities.

Minneapolis, Minn.

College of Law of the Univer- Y. M. C. A. College of Law,, College of Law of Willamette
sity of Florida
University
Gainesville, Fla.
The faculty of the Y. M. C.
Salem, Or.
Professor Dean Slagle takes A. College of Law of Minne-
Professor Roy C. Harding
the place of Professor R. A. apolis, Minn. consists of:
Rasco, who taught in the Dean L. B. Byard; L. R. Bar-will teach the course in Con-
college last year. Professor ker; Le Roy Bowen; D. E. tracts in place of instructor
Slagle holds the degrees of Bridgman; J. H. Colman; James West. Professor Hard-
M. A. from Columbia and Wm. G. Compton; Robert ing is a graduate of the Uni-
LL. B. from Yale, and is ex- Driscoll; A. L. Fletcher; Leo versity
Law
perienced both in teaching P. McNally; Fred W. Put- School. The Law of Water
and practice.
man; W. D. Shaw; David Rights has been added to the
A motion picture of the Shearer; and Paul J. Thomp- course of study.
University of Florida is be- son.
ing made in which the College A new course in Insurance
of Law will be prominently has been added to the curric-
featured.

ulum.

of Chicago

Mr. George P. Winslow, of the class of 1913 Law, and Mark D. McCallister, class of 1915 Law, have been elected

354. Following the suggestion
Registration this year totals
of the Minnesota State Board
of Law Examiners, the Minne-
sota College of Law has this
year made no provision for
accepting as special students
those who are not graduates
of high schools accredited to
state universities.

School of Jurisprudence, Uni

Professor Walter Lewis

semester.

Professor Clarence M. Updegraff is on leave of absence 1924-1925, and is pursuing the during the academic period

course leading to the degree
of S. J. D. at Harvard Uni-
versity. Professor Updegraff
holds the Ezra Ripley Thayer
vard this year.
Teaching Fellowship at Har-

A new course in Roman Law is being given the second semester by Professor Walter Lewis Moll. This is an introductory course in Roman and Civil Law.

versity of California Berkeley, Cal. The corner stone of the Professor Austin T. Wright new law building of George has resigned to. accept an ap- Washington University was pointment at the University of laid December 15th. This Pennsylvania. Professor Hen- building will be the second ry W. Ballantine of the Uni-unit to be completed in the versity of Minnesota and Pro- quadrangle of new university fessor Dudley O. McGovney buildings located between 20th of the University of Iowa and 21st Streets, Northwest. have been added to the facul- and between G and H Streets. ty, Professor McGovney for one semester only.

School of Law of the Uni

versity of Denver

Denver, Colo.
Robert Henry Dunlap, Ph.
B., University of Chicago, LL.
B., Harvard University, has
been added to the faculty, and
will give instruction in a new
course on the Construction
and Interpretation of Stat-

utes.

National University Law
School

Washington, D. C.

The following new courses are offered by the National University Law School: Roman Law, Edson L. Whitney; Medical Jurisprudence, Perment Contracts and Claims, cy Hickling, M. D.; GovernAssistant

Attorney-General Anderson; International Claims, Professor Howard Le Roy; Federal Taxation, ProThe decreased enrollment, fessor H. B. McCawlwy; Jur119 as compared with 172 in isdiction and Practice Federal 1923-1924, is due to several Trade Commission, Profescauses, among which are the sor Clinton Robb; Instruction rule requiring two years of in Trial Tactics, Hon. Henry college work from candidates Rathbone, Representative at for the degree and the new Large, State of Illinois; and rule of the Colorado supreme Anti-Trust Laws, Professor court requiring one year of Everett I. Haycraft. college work on the part of The law school now has the those admitted to the bar ex- largest registration since it aminations, thereby further began in 1869. limiting the small number of special students that the school consents to admit.

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