Sample Page from "The U. S. Constitution Annotated" PUBLISHER'S ANNOUNCEMENT The purpose of this work is to furnish in compact, permanent, and convenient form an accurate printing of the organic laws of the nation, including The Declaration of Independence, The Articles of Confederation, The Ordinance of 1787, and The United States Constitution with its amendments, and in addition, to annotate The United States Constitution by means of references to a complete collection of the case law of the nation in such a way as to afford a direct approach to such law from any particular word or clause of the constitution which may be a subject of investigation. It is the hope of the publishers that this book will be of service to both students and active practitioners. To the student, first, by enabling him in some degree to visualize the wide-spread influence of the constitution as it affects even the ordinary activities of citizens, and in the second place, by enabling him to find the authorities which have extended or circumscribed such influence. To the active practioner, first, by enabling him with the utmost convenience to find all the authorities, both federal and state, which have construed any particular word or clause of the constitution, secondly, by enabling him to trace analogies between a point which he may have under investigation and other. points as to which decisions exist and may be helpful, and third, by enabling him to have at hand always the text of the constitution and in such form that he may know where to find it. No space need here be devoted to a disquisition upon the importance of the study of The United States Constitution or of the organic laws of the United States. It is sufficient to say that if we have by this publication facilitated that study and have so correlated the original materials for it as to render them more easily accessible, we shall be content. The text of the constitution which we have employed is that published by the department of state. The text of the Declaration of Independence, and of the Articles of Confederation, and of the Ordinance of 1787 is that also which has been sanctioned by government publication. The utmost care in preparation and proofreading has been exercised in order that the printing of the text shall be correct to the letter, THE AMERICAN LAW BOOK COMPANY A well regulated Militia," being necessary to the security of Religious liberty and freedom of conscience:-Continued Obscene matter, exclusion of from mails see Constitutional Law 12 C. J. p 944 § 453. Religious beliefs as to healing see Constitutional Law 12 C. J. p 944 § 454. See also Religious exercises in public schools see Constitutional Law 12 C. J. pp 942, 943 § 451. Use by federal government of trust funds held for Indians for sectarian schools see Constitutional Law 12 C. J. p 942 § 451 n 64 [a]. Sunday laws see Constitutional Law 12 C. J. p 945 § 457. See also Sunday [37 Cyc 541, 542]. 16. Freedom of speech and of press: Generally see Constitutional Law 12 C. J. pp 952-954 §§ 467–481. Nature and extent of right see Constitutional Law 12 C. J. p 952 § 467. Blacklisting statutes see Constitutional Law 12 C. J. p 954 477. See also Master and Servant [26 Cyc 995]. Exclusion of: Anarchists see Constitutional Law 12 C. J. p 954 § 474. See also Aliens 2 C. J. p 1078 § 54. Writings and publications from interstate commerce see Constitutional Law 12 C. J. p 954 § 476. See also Commerce 12 C. J. p 60 et seq § 72 et seq; Obscenity [29 Cyc 1315 et seq]. Writings and publications from mails see Constitutional Law 12 C. J. p 954 § 475. See also Post Office [31 Cyc 987 et seq]. Injunctions to prevent abuse of right see Constitutional Law 12 C. J. p 953 § 472. See also Conspiracy 12 C. J. p 595 et seq § 131 et seq; Injunctions 32 C. J. Р 168 et seq 236 et seq; pp 272-274 §§ 432, 433. Libel and slander see Constitutional Law 12 C. J. p 953 469. See also Libel and Slander 36 C. J. p 1134 et seq. Limited by particular powers: Police power: Generally see Constitutional Law 12 C. J. pp 952, 953 § 468. Lottery tickets, advertisement and sale of see Constitutional Law 12 C. J. pp 952, 953 468. See also Lotteries [25 Cyc 1641 et seq]. Newspapers see Constitutional Law 12 C. J. pp 952, 953 § 468. Profanity, use of see Constitutional Law 12 C. J. p 952 § 468. See also Profanity [32 Cyc 578 et seq]. Power of courts to punish for contempt see Constitutional Law 12 C. J. p 953 § 471. See also Contempt 13 C. J. pp 34-38 §§ 44-47; pp 46-48 § 62 et seq. Moving picture censorship see Constitutional Law 12 C. J. p 954 § 481. See also Commerce 12 C. J. p 83 § 111; Theaters and Shows [38 Cyc 258, 259]. Officers, candidates, and elections, exercise of right in respect to see Constitutional Law 12 C. J. p 954 § 478. See also Elections 20 C. J. p 61 et seq 14 et seq. Privacy, right of as affected by provision see Constitutional Law 12 C. J. p 953 § 470. Private contracts limiting right see Constitutional Law 12 C. J. p 953 § 473. Taxing and licensing see Constitutional Law 12 C. J. p 954 § 480. See also Licenses [25 Cyc 603 et seq]. Use of public places, regulation of see Constitutional Law 12 C. J. Р 954 § 479. 17. Right of assembly: Generally see Constitutional Law 12 C. J. p 955 §§ 482-484. Nature and extent of right see Constitutional Law 12 C. J. p 955 § 482. 19. Militia generally see Militia [27 Cyc 489 et seq]; and see ante Article I, Section 8, Clauses 15, 16; Article II, Section 2, Clause 1. ORDER BLANK AMERICAN LAW BOOK COMPANY, 272 Flatbush Ext., Brooklyn, N. Y. Please send me The U. S. Constitution Annotated postpaid. The Law Student for one year ($1.00) and Picture of Our Lawyer Presidents (50c) all for $2.00 herewith. Name.... Address... If student, state your law school or office... This book shows the wide-spread influence of the Constitution as it affects even the ordinary activities of all our citizens "Beneath a free government there is nothing but the intelligence of the people to keep the people's peace." When one realizes that the very purpose and end of government and of civilized society is to establish justice, as the preamble of the constitution puts it, "We, the people of the United States in order to form a more perfect Union, establish justice," etc., "do ordain and establish this Constitution," the functions of government become of vastly more consequence than before. We who are judges, jurors, lawyers and officers of the court are especially engaged ple in the administration of constitution of the United I would that you and I here resolve, that we pledge ourselves by the Athenian oath, that we will not leave our country weaker than we found it but stronger and better, and so secure and transmit to our posterity "the blessings of liberty." Be at war with your vices, THUMBNAIL BIOGRAPHIES OF GREAT AMERICAN LAWYERS Jeremiah Mason (1768-1848) Jeremiah Mason, one of the greatest of American lawyers, was born at Lebanon, Conn., April 27th, 1768. At the age of seventeen Mason entered Yale, and graduated in 1788. Desiring to study law, he visited Albany, New York, and met Aaron Burr and Alexander Hamilton. He arranged to study in the office of Major Sill, but returned to Connecticut on account of his father's prejudices against New Yorkers, and began to study law under a Mr. Baldwin in New Haven. Mason became satisfied, on account of depressed business conditions in Connecticut, that there was little promise of success there, and first thought of returning to New York, but finally went to Vermont, entering the office of General Bradley at Westminster in 1789. In 1791 Mason was admitted to the bar, having studied two years and a half. In the same year he removed to New Hampshire, where he was admitted to the bar and immediately entered into the enjoyment of a large practice. After his removal to Portsmouth, N. H., in 1797, from his original locations in Westmoreland and Walpole, Mason speedily built up an extensive practice, and in 1802 was elected attorney-general of the state, resigning in three years to return to private practice. In 1813 he accepted the office of United States senator, but resigned in 1817 again to return to practice. Later the chief justiceship of New Hampshire was tendered to him, but he declined, and on the death of Chief Justice Marshall Mason's great age alone prevented his being nominated as successor. In 1832, desiring to exhibit his abilities in a larger sphere than Portsmouth afforded him, he moved to Boston, and soon built up a large and lucrative practice. Mason as a lawyer was the equal of any member of the profession in America in the years when he practiced. He appeared in many cases associated with Daniel Webster, particularly the famous Dartmouth College case. Webster once said of Mason that dig as deep as one might in the study and preparation of his case, he would find that Mason had gone still deeper. Jeremiah Mason died in Boston on October 14th, 1848. THE LAW STUDENT'S DIGEST "Nothing like a little judicious levity."-R. L. Stevenson. Courts Judicial Prayer. "If you want to get into the WHAT BAR EXAMINERS THINK OF OF LEGAL RESEARCH" tice of Legal Research" with From the examples of the I thank you for the beauti- Legal Research," and have as representatives of the peo- good graces of Judge Dunn-Justice Dunn, I should say I ful copy of Dr. Kiser's book spent some time in studying will tell you how to proceed. You make a motion to have on the "Principles and Prac- its contents. your case set down for trial at five o'clock in the morning. Judge Dunn is an early riser for fair. He is a judicial lark. At Orono, up there where he lives, he gets up in the morning and reads law two hours (Pat Gillin told me this), and then goes and calls the milkman. He talks and he thinks in terms of judicial forms, and they even say that he prays the same way. They say that he prays this way: 'May it please the Lord, your petitioner humbly represents-without prejudice-that he is a sinner; that he has done many things contrary to the form of the statutes in such case made and provided; but he is informed and believes, and therefore alleges, that Thou art ever ready to pardon. See, Oh Lord, 20 Cyc, 1921, p. 14.'" Every alien on admission to citizenship takes an oath to support the constitution of the United States and to defend it against all enemies, foreign and domestic, and I take it that a proper construction of that language, "to defend it [Justice Luere B. Deasy of the Supreme Court at a against all enemies, foreign banquet celebrating the first century of the jurisprudence of the state of Maine.] I also thank you for "The W. L. Porter, I believe a study of this plan outlined by you will teach the student and also the busy lawyer not only to more readily find the law, but to think legally and analyze his proband domestic," is not confined I notice that my secretary lems much better than he merely to attacks by war, but has already acknowledged could before. to attacks by speech and all Master and Servant-Contributory Negligence-Mule. with thanks the receipt of a I wish you would send me attempts to overthrow our It is contributory negligence on the part of an employee to bound copy of "Principles and the practice questions which form of government. stoop down near a mule's hind feet and at the same time Practice of Legal Research," go with the lectures contained Elihu Root has given us strike the mule. As the court said: "The kicking propensity but I desire to again express in said legal research. I would one of the best definitions of of the mule is a matter of common knowledge and has been my appreciation. also like to have another copy Popular Government. It is the subject of comment from the earliest time. It is almost The almost universal weak- of "Principles and Practice of quite long and I shall only as universally recognized as the fact that a duck will swim ness of law students is their Legal Research" for use in quote two or three sentences or a cat will scratch. However, a duck cannot indulge his inability to find the law. Many our East Jordan office, and from it, but I wish it could be propensity without water, and, ordinarily, a cat will not have the idea that textbooks the questions and answers burned into the heart of every scratch unless irritated or attacked. But the mule requires fill this want, but they are to go with the lectures therecitizen of this Republic. no particular setting for the exercise of his high prerogative. soon out of date, and, as a in contained. Root says, He is liable to kick at any time, and no one can plead ignor- rule, do not cover the entire I shall be pleased to recom"Popular government is or- ance of this tendency. This is not a case where the mule was body of the law. I have taken mend your work and Corpus ganized self-control-organ- shown to be more than ordinarily dangerous or vicious. It occasion to call the attention Juris to the students applying ized capacity for the develop- is not a case where the unexpected happened. It is a case of a number of students to for admission to the Bar of ment of the race. It is the where plaintiff not only invited disaster, but actually pro- Cyc and Corpus Juris. By this state, as I firmly believe voked it. He made himself a convenient target by stooping subscribing for this system, to- it is one of the biggest helps down and placing himself near the mule's heels. Not being gether with the Pacific Re- to the busy lawyer that can satisfied with this invitation, he actually applied the lash. porter, they will have about be found. Of course, there may be instances where a mule will some- all the law they need to pracother for the maintenance or times surprise you and refuse to kick, even though the cir- tice in this western country, our East Jordan office, but We have Corpus Juris in the denial of justice cumstances be unusually propitious. But this is not such a with the exception of their will make use of it much more good and noble impulses and the selfish and cruel passions of men struggling with each ... it is the longing in the heart of man for better things up through education to broader knowledge and higher life." I think no happier or better definition of Popular Government has ever been given than that. This morning, as on all such occasions, I am reminded of case. Here the mule would have been untrue to himself and false to every tradition of his breed if he had passively ac- local statutes. I received your book on "Principles and Practice of Fitch R. Williams, Member of the State Board of Law Examiners of Michigan. All four of these books for $8.25 with If already a subscriber to The Law Student your order will be treated as a renewal from expiration thereof. Other Special Book Offers: THE CONSTITUTION AND THE SUPREME COURT (Continued from page 4) lessly sustained? right of nullification. The very which they had thus need- Close Contact With the IMPORTANT NOTICE If you are a law student in a law school or an office send us your name and address and that of your school or office, and we will mail you The Law Student this year direct and free of charge. The American Law Book Co. desires to employ several capable men, law graduates, between 25 and 40 years of age, to sell Corpus Juris-Cyc System. Must be able to show successful selling record. Fine territory available to the right men. whole, a thoroughly interest the Court should decline its BOOK REVIEWS ing and readable book. Problems After Spanish War aid? Its power to refuse such our A Selection of Cases on the Law of Insurance, by Edwin Cases and Other Authorities a About a century ago, the Court for the first and only time in its history gave an Let me cite another case. aid cannot be questioned. I advisory opinion. The ques- At the end of the Spanish-recognize that if a bare mation at issue was the power American War the American jority of Congress could thus of the Federal Government to nation found itself confronted drag the Supreme Court into H. Woodruff, Professor of on Equity, volume 3, by Walmake appropriations for im- with the novel problem of co- any current political contro- Law in the College of Law, ter Wheeler Cook, Professor provements wholly within a lonial dependencies. It was versy its prestige would be in Cornell University, 2d edition of Law. Yale University, xix State. President Monroe was impracticable to retain them danger; but if Congressmen revised and enlarged, xix and and 1048 pages-West Pubof the opinion that it lacked if the provisions of the Con- of both parties, sincerely dubi- 735 pages-Baker, Voorhis & lishing Company, St. Paul, such power. stitution, which requires that ous of their power to pass a Company, New York City, Minn., 1924. resolution 1924. a Congress had under con- all taxes be uniform, applied law, could by This third volume of Prosideration the Cumberland to the Philippines and Porto passed by a largely preponder- Professor Woodruff in his fessor Cook's Cases on Equity Turnpike Bill, President Rico. Whether the Constitu- ating majority of Congress casebook on Insurance illus- combines the material usually Monroe turned to the Su- tion in all respects followed say two-thirds-and signed by trates well a difficult and presented in advanced equity preme Court for an opinion, the flag was a very novel and the President, request such ad- highly technical subject. In courses dealing with reformaand that Court for the first doubtful question. If Congress vice, I am not so clear as many Part I cases illustrating the tion, rescission, and restitution and only time in its history before taking a leap in the others that such an advisory general principles of the in- with that contained in the authorized one of the Justices dark could have asked an ad- opinion, under great and ex- surance contract are given, course commonly called quasi to advise the President as to visory opinion of the Supreme ceptional circumstances, and and in Part II cases illustrat- contracts. It was Professor their views, which in this case Court it could have avoided a resting solely in the discretion ing the legal effect of particu- Cook's experience a number favored the power that was in possible injustice; but under of the Court, would be pre-lar terms of such a contract. of years ago that to a very dispute. governmental method, judicial either to the Govern- By the use of thin paper and large extent the courses due to the Montesquieu doc- ment or to the Court. To give trine, Congress could only pass such an opinion would rest in a semi-flexible fabrikoid bind- such subjects dealt with the the law and await develop- the sound discretion of the ing the volume has been kept same or at least very similar within handy size and weight. situations; and after experiments. Hundreds of millions Court, which could refuse, exment he determined that Is it quite so clear, as we of dollars worth of merchan- cept where a clear question of The Constitution of the combined course was an imhave hitherto assumed, that dise were imported on the power was involved in a con- United States by James M. provement over the two septhe Court should not thus faith that the law was valid. crete case and the proposed Beck, LL. D., Solicitor Gen- arate courses. In the casecooperate with the other de- Some years later the Supreme law was not a political issue in eral of the United States, xix book at hand the combination partments of the Government Court, with most of the the partisan sense. and 362 pages-George H. has been extended to cover and thus be brought into clos- judges disagreeing as to reas- In Massachusetts, Maine, Doran Company, New York the other topics commonly er contact with the people? ons, sustained the validity of New Hampshire, Rhode Island, City, 1924. grouped under quasi contracts At present, all our constitu- the law in a case that involved Florida, Colorado and South Solicitor General Beck's and as a rule having corretional questions are deter- the importance by an indi- Dakota the Courts aid the study of the Constitution sponding doctrines in equity. mined in litigation. This, un-vidual of some lemons. As Mr. Government by advisory opin- yesterday, to-day, and to-mor- Although this jointure is doubtedly, has advantages, but Dooley said, after the Judges ions and this is true of many row, originally published in perhaps somewhat in the nait has very great disadvan- had rendered their individual European States. 1922, now appears in a revised ture of an experiment, nevertages. opinions, the plaintiff was obedition. In it law students will theless this casebook worthiserved to arise and say: "May find a succinct relation of the ly completes the treatment of it please your Honors, do I formation of the instrument, the broad subject of Equity get my lemons back?" If the a statement as to its present Jurisprudence begun and conCongress in 1820 had passed law had been declared invalid, condition, and some specula- tinued in volumes 1 and 2 of a law limiting slavery to cer- think of the irreparable injury tions as to its future. On the the same series. tain portions of the Territor- to thousands of business men! ies. It was a great political Now that the danger of the settlement. Both parties ac- La Follette attack on the Suquiesced in it. Thirty-seven preme Court is happily passed, years later, in the case of a is it not a good time to deterfugitive slave named Dred mine whether in this and in Scott, the Missouri Compromise was nullified by the Supreme Court. No single cause did more to precipitate the most fratricidal war in history than the Dred Scott de The most striking illustra tion of the latter was the Missouri Compromise. cision. other respects the Court cannot be brought into more harmonious cooperation with the other departments of the Government and into closer contact with the people? Our institutions are not static. They Take, for example, the more are always in process of derecent case of the so-called velopment. The founders of Commodities Law. Congress the Republic did not claim for had passed a law which re- themselves infallibility, and quired the railroads that we, their successors, can profowned coal mines to sell them. itably be as modest. The last Suppose, fearful that its valid- word on constitutional develity might be sustained, the opment has not been spoken. railroads had sold the mines at a loss of a thousand millions of dollars, and then ten years later, in a case between John Doe and Richard Roe, the Supreme Court had decided the law was invalid. How could the railroads obtain any reparation for gigantic losses Advisory Opinions Suggested President Washington, who presided over the Constitutional Convention, and was its greatest inspiration, was the first to request such an advisory opinion, and it is significant that the propriety of his request never occurred to him until Chief Justice Jay declined to give the opinion. Possibly Washington and not Jay was right. great and in I cannot conclude without In the last analysis, the at- We Need Two More Editors If you have a thorough academic and legal education and a natural inclination toward the literary side of the law, and most particularly if you have experience in writing or teaching, we have a proposition which we think may prove attractive to you. Address The Editorial Department, The American Law Book Company, 272 Flatbush Extension, Brooklyn, N. Y. Specimen Bar Examination Questions on Pages 8 and 9 THE LAW It is said of a man. that he has the legal mind, sometimes by way of compliment, and sometimes of disparagement. On occasion we hear of "the best type of legal mind"; or again of the "pettifogging attorney mind"; according as the speaker is an admiring biographer or a disgruntled suitor. The dispassionate student of human affairs, however, recognizes that the legal mind is an invention of the lawyers, a word in praise of themselves, and that its impolite description is but the retort of those who have suffered by the law. Every order of men, has the mental operations, and perform Having disposed of the legal We would put first the ability to see a matter as a whole, to mark off its boundaries from the vast inane in which lesser minds will go astray; and then to see to the heart of the matter, to discover the real point at issue. It Next, the lawyer's mind should be able to grasp and apply principle. This involves the ability to discover real difference beneath superficial resemblance and true identity underlying apparent unlikeness. implies the power to marshal facts; to build up from facts of experience what Vinogradoff has happily called facts-in-law, the final and determining findis boasted by learned profes-ings which permit of the applisors many of whom fall into cation of the law itself. fallacies which the common sense of the common man illusion that their own task calls for a higher order of intellect than any other human activity. The "scientific mind" The minds of many lawyers have a substantial defect. They STUDENT BROOKLYN, NEW YORK LAWYERS WHO WOULD NOT GIVE UP III William McKinley (1843-1901) APRIL 1, 1925 NEWS OF THE SCHOOLS University of Mississippi The law school is offering an enlarged course on Contracts. The general counsel of the I. C. R. R. Co., Judge R. V. Fletcher, of Chicago, Ill., delivered a most interesting lecture to the School of Law on December 5th, 1924, his subject being "The Pioneer Chief Justice of the United States Supreme Court." He will later deliver several lectures, two of which will include the Interstate Commerce Act and the Esch-Cummings Act. Hon. Webb Venable, former congressman from Mississippi, will address the law school during the second semester. University of Wisconsin Law Forced by illness to discon- was completed. Admitted to lof of the University of Wiscannot see the other side of the tinue his college course, Wil- the bar at twenty-four, he consin Law School faculty, who case. This, while it sometimes liam McKinley soon learned practiced law at Canton. Three has been teaching at the Uniyears later he was elected versity of Chicago Law School increases their power as advo- that he must make his way prosecuting attorney. during the first semester in the cates, detracts from them as without aid, and, just after he Popular and successful, he place of Professor H. A. Bigethinking men, and ruins them had begun to earn money to married at twenty-eight. Two low, absent on leave, has reyears later, his baby girl died. turned to Wisconsin. for judicial positions. It is not infrequently a source of weak- continue his studies, war came. The death of the second daughness even with a jury, for it Born in a modest little home ter three years later, combined leads to a mistaken estimate of in the then village of Niles, with other griefs, rendered the strength of the opposing Ohio, he was nine when his Mrs. McKinley an invalid for case, and may result in an unpleasant awakening when their father, a foundryman, moved life, and through all his life own is beyond salvation. the family to nearby Poland, votedly. where the boy attended public school and the Poland Acad would reject unhesitatingly. The emy. Soon after entering Alle- In This Issue Page In truth, though we would not deny specific qualities to various types of intellect, the main and controlling difference is simply one of degree. A firstclass intellect is a universal tool. Its possessor may indeed have a predilection for turning School News it more to one use than another, and by so using it de- George W. Allen.... velop a special skill in that di- Bar Examination Statistics. rection. The passage of the Student's Reports years may render it less elasBar Requirements. tic and adaptable, mainly because memory will no longer Bar Questions charge itself with the a b c of Student's Digest a new art. But a Bacon, or, to Cases of Interest. take a modern instance, a Legal Ethics Fletcher Moulton, can use his Legal Oddities intellect for the most diverse Bar Quizzer that his father was financially embarrassed. By teaching school at $25 a month, and clerking in the post office, he prepared to return to college. Then the Civil War broke out and he enlisted. Entering as a private, he took part in many battles and was a brevet major when peace was pro8 claimed. 3 3 4 4 10 Resuming his studies, he read The Alumni Association of Elected to congress at thirty- the Law School of the Univerfour, he served four years, ran sity of Maryland at its eighth again, and his election was suc- annual meeting on January cessfully contested. Successful 27th, 1925, elected as its presitwo years later, he served four dent, Andrew H. Mettee, liyears, then was defeated, fol- brarian of the Library Comlowing the adoption of the pany of the Baltimore bar, and McKinley Tariff Bill, prepared ex-president of the Amerind by him after years of study. |