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Meetings of the American Bar Association and the
Association of American Law
HE twenty-ninth annual meeting that portion of the address in the read
of the American Bar Association ing.
and the sixth annual meeting The annual address of the Associaof the Association of American Law tion was delivered on Thursday mornSchools were held in St. Paul, Minn., ing, August 30th, by Judge Alton B. August 29, 30, and 31, 1906.
Parker, of New York. Judge Parker's The meetings were attended by some topic was “The Congestion of Law.” five hundred lawyers, representing the The other papers read at the various bench and bar of every state in the meetings of the Association were those Union. A more desirable place to meet of Roscoe Pound, of Lincoln, Neb., on could hardly be imagined than Minne- "The Causes of Popular Dissatisfaction sota's magnificent new State Capitol, with the Administration of Justice”; the use of which was tendered to the As- John J. Jenkins, Chairman of the Jusociation during the three days they diciary Committee of the House of Repwere in session.
resentatives of the United States, on the On Wednesday morning, August subject of “Can Congress Transfer to 29th, Rome G. Brown, President of the the State its Power to Regulate ComMinnesota Bar Association, opened the merce?" Thomas J. Kernan, of Baton sessions of the American Bar Associa- Rouge, La., on "Jurisprudence of Lawtion with an address of welcome.
lessness”; and a paper written by Gen. The President's address, by George George B. Davis, Judge Advocate GenR. Peck, of Chicago, which followed Mr. eral United States Army, on "Some ReBrown's speech, was a scholarly and in- cent Progress in International Law.” teresting discussion of "The Principles As Gen. Davis had been ordered to of Legislation.” It dealt largely with Geneva by the government, his paper several philosophical phases of the the- was read by Everett P. Wheeler, of ory of government. The address was New York. a departure from those of former years, The report of the Committee on in that it was not an analytical discus- Legal Education and Admission to the sion of recent changes in the statute Bar was especially interesting to law law made in the several states and by school instructors and members of state Congress. An exhaustive review of the boards of law examiners. This report, most noteworthy changes in the laws, presented by Henry Wade Rogers, and some of the aspects of legislation, Dean of the Yale University Law were incorporated in the paper; but School, advocated the custom of a President Peck stated that he would standard uniform system of Rules and spare the members present and omit Requirements for Admission to the Bar
in every state in the Union, these re- University, read a paper on the "State quirements to be formulated and ad- of Legal Education in the United ministered by the highest appellate States," and Prof. Eugene A. Gilmore, court in the state. By giving the appel- of the College of Law of the University late courts control of admissions to the of Wisconsin, read a paper on “The Rebar, the committee thought that the pro- lation between University and Profescedure would
become uniform sional Instruction." throughout the country. The laws in At the close of the meeting of the Secsome states, which admit lawyers of tion of Legal Education, Roscoe Pound, other states to practice upon motion of Dean of the University of Nebraska the court, were not indorsed. The com- School of Law, was elected Chairman of mittee thought that this custom tended the Section, and Prof. Charles M. Hepto evade the standards of admission to burn, of the Law School of the Indiana the bar. It recommended that State University, was elected Secretary every state in the Union should have a
for the coming year. board of examiners, which should in- The Association of American Law quire into the previous preparation and Schools held two sessions. At the first record of the applicant for admission to meeting no business was transacted; the bar. More stringent standards for the time being taken up with the reading matriculation on the part of the law of two papers, followed by a discussion schools were recommended. It was oi the subjects presented. The Presishown that some schools do not de- dent of the Association, Henry Wade mand enough preparatory training. Rogers, Dean of the Yale University The committee also pointed out that in School of Law, read an address which the case of many existing degrees grant- dwelt upon some important phases of ed by the colleges more work should be the legal profession. He said that the i equired of the candidates. It was vig- question of preliminary education of the orously urged that the administration of law student continues to be interesting, the law governing admissions to the bar and he deprecated the fact that some of be taken from the inferior courts; also the law schools are somewhat lax in their that there should be laws governing the requirements for admission. He gave a power of law schools to confer degrees. comprehensive account of the law
In the section of legal education of schools in the South, where there are the American Bar Association, William five three-year course schools, twentyDraper Lewis, Dean of the Law Depart- two schools with a two-year course, and ment of the University of Pennsylvania, three schools with a one-year course. Chairman of the Section, delivered the President Rogers quoted the words of a annual address. Dean Lewis' subject Southern federal judge as to why the was “Legal Education and the Failure requirements and the terms are not what cf the Bar to Perform its Duties." Fol- they are in the Northern schools. The lowing this address Mr. Thomas E. Southern judge said it is owing to the Young, Director of the Wharton School pecuniary conditions there, but Dean of the University of Pennsylvania, read Rogers attributed the laxity to the indifa paper on “Knowledge of Business ference of the profession. For some Conditions as a Prerequisite to the time after the Civil War the South was Study of Law.” Prof. Chas. M. Hep- in a bad way, but it is now prosperous, burn, of the Law School of the Indiana and has made great strides in every
University of Texas The American Law School Review. Austin, Texas 13
thing, except in professional education. John H. Wigmore, Frederick C. WoodHe suggested that a recommendation ward, and F. B. Crossley, Northwestern might be made to the American Bar As- University; Floyd R. Mechem, Universociation to-day that uniform laws be sity of Chicago; James B. Ames, and enacted in every state for the protection Samuel Williston, Harvard University; of legal degrees. The granting of de- Ernest B. Conant, Washburn College; grees seems to have been a farce in some Chester C. Cole, Drake University; E. sections of the country.
W. Huffcut, Cornell University; RosProf. Floyd R. Mechem, of the Uni- coe Pound, G. B. Costigan, Jr., and G. versity of Chicago Law School, read an B. Ayers, University of Nebraska ; C. T. able paper on “The Influence of Law Terry, Columbia University; F. B. Schools on the American Bar." After James and W. P. Rogers, University of discussing methods, the potency of the Cincinnati; Guy Guernsey and W. H. law schools, and the opportunities for Burke, Chicago Kent College of Law; scholarly investigation enjoyed by the Howard N. Ogden and George W. Warprofessors, he took up the ethical side of velle, Illinois College of Law; W. S. the question. Professor Mechem ex- Curtis and W. W. Keysor, St. Louis pressed the opinion that lawyers might Law School; W. R. Vance and Robert be a strong moral power in a communi- M. Hughes, George Washington Unity. The law school should be the place versity; W. S. Pattee, James Paige, and where the lawyer should obtain his mor- A. C. Hickman, University of Minneal training. He did not wish to be un- sota; James B. Brooks, Syracuse Uniderstood as meaning that the law school versity; W. H. Peace, University of Colshould be turned into a Sunday school, orado; Charles N. Gregory, E. A. Wilbut it could become a place where the cox, and Lawrence Byers, University character of the young men could be of Iowa; James W. Green, University of modeled properly. There is a general Kansas; J. H. Brewster and Henry M. opinion abroad, he said, that the lawyers Bates, University of Michigan; Wm. D. of the country have become contaminat
Lewis and W. E. Mikell, University of ed with the spirit of commercialism to Pennsylvania; W. E. Walz, University such an extent that moral issues are not
of Maine; Clarence H. Miller, Univerconsidered. Mr. Mechem did not ex- sity of Texas; Andrew A. Bruce, Unipress himself as to whether the opinion versity of North Dakota. is a slander against the profession, but The following is the report of the Exhe said that the legal profession is ecutive Committee, which was read by subjected to that danger.
the Secretary: The business meeting of the Associa
"The Executive Committee presents the tion of American Law Schools was held following report of its proceedings since Wednesday night, August 29th, with September 27, 1905:
"On May 13, 1906, the committee met in Henry Wade Rogers, Dean of the Yale
Richmond, Va., Messrs. Henry Wade Rogers, Law School, presiding, and Dean Wil- Harry S. Richards, William E. Mikell, James
B. Brooks, and William P. Rogers being liam P. Rogers, of the Cincinnati Uni
present. versity Law School, acting as Secretary. "The application for membership to the The roll call disclosed the following
Association by the Law Department of the
University of Texas was presented to the professors in attendance: Charles M. committee. This application was approved,
and the committee recommends that the Hepburn, University of Indiana; Judge
school be admitted to membership. Seth Shepherd, Georgetown University; "There was also an application for mem
bership by the College of Law of the University of South Dakota. The committee recommends that this application be continued for one year.
"The Baltimore Law School, through its Dean, tendered its resignation from the Association.
“After full consideration of the question of further extending the time to members of the Association having only a two years' course in which to change to a three years' course, the committee reports that it is deemed wise, in the interest both of the Association and the Schools, that no change be made in the existing regulation; and it recommends that no action be taken in this matter."
The recommendations in the report were adopted as a whole. The following supplementary report of the Executive Committee was then read:
"Resolved, That it is the sense of the Esecutive Committee that the interests of this Association would be promoted by holding its sessions during the Christmas recess, and it therefore files with the Secretary notice of a proposed amendment of the second article of the Articles of Association, so that same shali read as follows: "The Association shall meet annually during the Christmas recess, at such time and place as the Executive Committee may in its discretion determine.'”
years' course of instruction in law, should be dropped from the Association. This recommendation was put in the form of a motion and was carried.
At a previous meeting of the Association, the Executive Committee was authorized to examine schools belonging to the Association for the purpose of ascertaining whether they were complying with all the requirements of the Articles of the Association. The methods of conducting several law schools were investigated during the winter by an agent appointed by the Executive Committee for that purpose, and upon the report of this agent three schools were brought before the Executive Committee. The Committee reported to the Association that they had found that the Chicago Kent College of Law had failed to maintain the requirements provided for in article 6 of the Association; that it received and graduated students who had not had a high school preliminary education, or the equivalent thereof. The Committee recommended that the Chicago Kent College of Law be dropped from membership in the Association. Guy Guernsey, Secretary of the Chicago Kent College of Law, represented that school at the meeting, and, in defending the school on the charges made, said that he was not aware that any investigation of the school had been made ; that the Chicago Kent College of Law does not graduate students who have not received a high school education, or its equivalent; that there had been no such case, and there would be none. He asked that the Association suspend action until an investigation of the right kind be made to determine whether or not the school had violated the rule as claimed. Some of the delegates present thought that it would be unwise to vote one way or the other upon a question about which they knew nothing. Some
As this resolution was simply a notice of a proposed amendment of the Articles of the Association, no action was taken. The Executive Committee also offered the following resolution:
“Resolved, That copies of all addresses in the proceedings of this Association be printed and sent to all the Law Schools in the United States, to Boards of Law Examiners in the various states, and to the Chairmen of the Committees on Legal Education in all the states."
This resolution was adopted. The Executive Committee further recommended that section 4 of article 6 of the Association pertaining to Law School Libraries should for the present remain unchanged. It was then announced that the Buffalo Law School and the Illinois College of Law had resigned from the Association. The Executive Committee further recommended that all law schools, members of the Association, which maintained less than a three
suggested that, if the standing of a mem- n:agazine, said that upon investigation ber of the Association should be im- the committee found that the attitude of peached, there ought to be proof of it the various schools belonging to the Asmade; if the Executive Committee had sociation was rather lukewarm. He also taken testimony, it should be presented reported that the same business proposito the Association in such form that it tions that were submitted to the Assocould be considered and judgment pass- ciation last year were still open for aced upon it. Objection was made to vot- ceptance. The report of the committee ing blindly to expel a member simply was received, and on motion the matter upon the report and recommendation of was laid on the table. the Executive Committee, unsupported John H. Wigmore, Dean of the by any evidence, when the plea of "not Northwestern University Law School, guilty" had been entered. Among the presented the following report of the delegates who spoke along these lines Committee on the Study of Legal Hiswere Judge Seth Shepherd, of the tory: Georgetown University Law School, "Your Committee on the study of Legal Clarence H. Miller, Dean of the Univer- History, including a bibliography of essays
on legal history and the publication of a sesity of Texas Law School, and W. S. lect list, beg to report the following resoluCurtis, Dean of the St. Louis Law tions, with the recommendation that this
Association do now approve them: School. As the Articles of the Associa
"Resolved, (1) That the Association of tion provide that the Executive Com- American Law Schools approves and recommittee shall investigate all complaints
mends the publication, by reprinting, of a
select list of essays and chapters on the variand report its findings to the Associa- ous topics of Anglo-American Legal History; tion, with such recommendations as it
the selections to be not less than sixty and
not more than one hundred in number, and shall deem proper, it was contended that the series to form not less than three and not the Executive Committee should act as
more than five volumes of six hundred pages
each; the volumes to be published at the triers of the fact and report its findings, rate of two in the first year, and thereafter and if the findings seemed sufficient the one or more in each ensuing year, as may be
determined by a Committee of the AssociaAssociation could rightly act upon them tion; the series to be entitled 'Select Essays without having the evidence produced. in Anglo-American Legal History.' After much discussion a motion to adopt
"(2) That this publication be made with
out pecuniary responsibility to the Associathe recommendations of the Executive tion and at the entire responsibility and profit Committee to drop the Chicago Kent
of such publisher as may be authorized there
to by a Committee of the Association; but College of Law from membership in the that the Association sanction the work as a Association was carried.
publication under its auspices and by its di
rection, and that the meinbers of the AssociaOn motion of Judge Shepherd, of the tion recommend to the respective Faculties of Georgetown University Law School, the
Law to purchase and use as many copies of
the series as may be suitable for carrying President was authorized to appoint a on the work of the Schools in the study of committee of three to restate that pro
Legal History in the various branches of the
law. vision of the Articles of the Association
“(3) That a committee of three be appointwith reference to the expulsion of mem- ed by the President (a) to make an agree
ment with a publisher for the above purpose; bers, in order to make clear what should
(h) to make the selections for publication as be done in the future when such a matter provided in para graph 1, supra, from the might again come up for action.
Preliminary List appended to this report; (c)
to secure by correspondence the written conDean Harry S. Richards, a member sent of the authors or other copyright holders of the committee appointed to investi
for the reprinting of the various selections;
(d) to edit the selections for publication; and gate the matter of establishing a law (e) before making the final selection to obtain