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ceive individual attention and criticism foremost law faculties of America. The from an Instructor in the course.
council will meet at stated periods for the In shaping the educational policy of consideration of any question which conthe Institute, the Dean of the Faculty cerns the course or methods of legal inwill have the assistance of an Advisory struction in the Institute or the needs of Educational Council, selected from the legal education.
The New Society of Public Teachers of Law in
England and Wales.
BY CHARLES NOBLE GREGORY, A. M., LL. D.,
N Tuesday December 15, 1908, a were in attendance as were also Profess
meeting of law teachers was held or Phillips from Leeds University, and in the Council Room of the Law Society Professor Levi from the University of in London. This meeting, which is note- Wales. Letters of regret and encourageworthy as marking a new era in the de- ment were read from Professor Vinaravelopment of legal education in Eng- doff, of Corpus Christi, Oxford, Sir land, was convened “to consider the ad- Frederick Pollock, Vice Chancellor Hopvisability of forming a society to fur- kinson, Professor Copinger, of Manther the course of legal education and to chester University, and from many othdiscuss matters affecting the work and ers prominent in legal education. interests of public teachers of law in The speakers dwelt particularly on the England and Wales."
remarkable expansion which has taken Professor Gaudy, Regius Professor of place in legal education in England durCivil Law at Oxford, presided at the ing the last twenty-five years, and on the meeting. Among the more important of problems, both many and new, which those attending were Prof. A. V. Dicey, have arisen in consequence. To-day there Professor Holland, and Messrs. E. J. are in England and Wales approximateTrevelyan and W. M. Gedart (Readers), ly 100 public teachers giving and 2,000 all from Oxford; while Cambridge was students receiving instruction in the law. represented by Professor Clark, Profess- In this work various organizations are or Kenny, and Mr. H. D. Hazeltine assisting, notably the Council of Legal (Reader), from London University, Pro- Education, the Committee on Legal Edufessor Sir John Macdonell, Professor cation of Law Society, and the Newer Gault, Professor Murison, Dr. Blake Od
Universities founded in the more importgers, and Messrs. Hugh Fraser and J. A. ant provincial cities. There are municiStrahan (Readers to the Council of Le- pal arrangements for instruction in law, gal Education), and from Liverpool Uni- and, furthermore, the local professional versity, Mr. H. C. Dowell (Lord Mayor bodies take part in the general moveof Liverpool). The principal members ment for the improving of legal educaof the teaching staff of the Law Society tion. An interesting feature of the pres
ent movement is the development of a President, Professor Goudy (Oxford).
Treasurer, Mr. Hazeltine (Cambridge). class of students which, heretofore, has
Hon. Secretary, Mr. Edward Jenks, of No. 9 never existed in England, but with which Old Square, Lincoln's Inn, London, W. C. we in America have long been familiar.
The Daily London Times of December This is composed of men who, from ne
18, 1908, devotes almost a column of its cessity or otherwise, can give to the legal
editorial space to the new organization. study only a portion of their time, and
The editor points out how impossible who must give a part, often a large part,
the formation of such a society would of their working hours to occupations
have been twenty years ago, simply beentirely unconnected with the law.
cause there were not then law teachers The statement as to the number of law
in such number as to make it feasible. students in England and Wales seems
He then goes on to say: “The old Univery moderate as compared with the
versities had their staff of teachers. The number of young men studying law in the United States. Mr. Henry Wade
Inns of Court gave instruction to their
members. At a few other institutions Rogers, in August, 1907, as Chairman
lectures were delivered. But the stuof the Committee on Legal Education of the American Bar Association, reported
dents were not many, and the teachers the number of students in our law
were few; and it must be added that schools as 17,200; and the number must
there was not much life, or zeal, or alnow considerably exceed 18,000.
ways intelligent purpose in the instrucAt the meeting the speakers emphasiz
tion. The nutriment supplied was too ed the advantages to be derived from oc
often thin and unsatisfying. Frigid platcasional personal intercourse between
itudes were sometimes served out to men engaged in a common work under men who, in their hearts, believed the very diverse conditions and at widely system was, more or less, a make-believe scattered centers. Accordingly propos
or fraud. For a time there was a belief als were introduced for founding a soci- that, if only large doses of Roman Law ety open to all holding positions as public were administered, the pupil could not teachers of law in England and Wales.
fail to benefit. The scientific study of These were received cordially and were
law was taken to be synonymous with an unanimously adopted. Provision acquaintance, generally short and not made for honorary membership, by in- very intimate, with the rudiments of vitation, in the case of those who have Roman Law. The result in most cases held such positions in the past in Eng- was that instruction which might have land or Wales, as well as those who have given a comprehensive view of law too held or now hold such positions else- often served only to bring about confuwhere in the United Kingdom, or in sion or to leave adhering to the mind a other countries.
few catch words and phrases. Those A Drafting Committee was appointed days, so near us, were the dark ages of to shape and report on rules. This com- legal teaching.” The editor remarks that mittee, headed by Sir John Macdonell, some of the wisest of the students “shut will submit its recommendations at a their ears to the instructor and turned to meeting to be held in July next. The a novel”; but he adds that there were officers of the Society were chosen as brilliant exceptions, as in the case of follows:
Maine, to the didactic dullness usually
displayed by the lecturer, although in muneration and tenure of legal instructgeneral both teachers and students recog- ors in such manner as to shut out the nized the unprofitable character of the casual"; should "learn of the bricklayer work. Moreover, the lecturers them- or the carpenter how to improve the selves could not answer the jeers of teacher's position; should meet to disthe practitioner at theoretic instruction. cuss all matters of common interest"; Now, however, a great change and awak- and, lastly (and this is most interesting ening is to be seen. He mentions the to the American reader), that the socieformation in various universities of fac- ty should "transplant here those methods ulties of law, and notes the fact that the which have proved so successful at HarLaw Society has given liberal assistance vard and other American Law Schools." to different schools. Teachers and stu- The editor closes, commending the dents are numerous, and interest has be- large views of the objects of legal educome genuine and intelligent.
cation, and expressing the hope that the The editor calls attention to the class new Society "will strive to maintain the of students referred to above, namely, value of law degrees, that it will not enthose who daily give much of their time courage the production of the smart petto work in the offices of barristers or tifogger, and that it will seek to make lesolicitors or even to employment wholly gal instruction not the least prized eledivorced from law. He points out that ment in a liberal education." the disadvantages of these are more than A member of the Drafting Committee offset by the advantages; that the more of the new Society has put himself in intelligent instruction shows that the law communication with the Association of is not a mere professional matter, but American Law Schools and has procured that its threads run through all human copies of its constitution. Legal educaaffairs. “A people's life is made up of tion is one of the few branches in which many strands, and not the least or weak- the old world has for a generation and est are those which the lawyer's eye best more deferred in some measure to our detects. The founding of such a society country. The new Society and the comas that which we have described" (i. e., ments of the “Thunderer" seem of a referring to the meeting of the 17th) character and importance to excite the “is symbolic of the new position which friendly interest of all American lawyers law takes in the national education." and of many scholars of other branches.
It is urged that the society should “put The writer is especially indebted for down the crammer," though he will un- the above facts to Mr. Hazeltine of Camdoubtedly die hard; that it should “form bridge University, the Treasurer of the a strong trade union, improve the re- Society.
Notes and Personals.
The American Bar Association will hold its annual meeting this year on Tuesday, Wednesday, Thursday, and Friday, August 24th, 25th, 26th, and 27th, at Detroit, Michigan, The Association of American Law Schools will convene at the same time and place. Charles Noble Gregory, Dean of the University of Iowa Law School, is the President of the Law School Association this year.
On February 2, 1908, the Board of Trustees of Pennsylvania University made announcement of a $100,000 gift to the University Law School by Mrs. Esther Gowen Hood. The gift is in memory of her father, the late Franklin B. Gowen, of Philadelphia. Its purpose is the establishing of a number of graduate fellowships in law, the holders of which shall “pursue such a course of legal research and analysis as shall be best fitted to increase and develop their knowledge of legal principles and consequently better adapt them in the practice of the legal profession." This work is, of course, to be prescribed and carried on under the direct supervision of the law faculty. The holders of the fellowships are expected to give their exclusive attention to their law school work during their period of tenure, which may be one or two years. The desire of the donor is that the fellowship shall be awarded to members of the graduating class in the law department, the appointees to be chosen immediately on graduation; but the gift leaves the trustees free to award in any one year such fellowships as are available in that year to any graduates of the law department, provided that the trustees think that such appointments will better subserve the purposes of the endowment. With the single provision that at least three shall be maintained at all times, both the number of fellowships and the amount of the stipends of the holders are left entirely at the discretion of the trustees. Both may vary from year to year, and one fellowship may carry a larger salary than another. The terms of the gift also leave the trustees free to use a part of the income of the endowment to publish any legal treatise written or compiled by any holder of a Gowen fellowship.
Franklin B. Gowen, in memory of whom these fellowships were given, was born in Philadelphia on February 9, 1836. He was educated in Emmettsburgh, Md., and in Lititz, Pa., and after a short business experience took up the legal profession. Admitted to the bar in Schuylkill county in 1860, he soon became one of the leaders of that bar, then one of the strongest in the state. Elected
District Attorney in 1862, he held that orice until, in 1864, he was appointed General Counsel for the Philadelphia & Reading Railway Company and moved to Philadelphia. The same year he was also appointed counsel for the Girard estates. In 1869, when 33 years old, he was requested to act temporarily as President of the Philadelphia & Reading Railroad Company in place of Mr. Smith, whose health was impaired. Mr. Smith was not able again to reassume the duties of President, and Mr. Gowen continued to hold that position, excepting for an interval of two years, until 1888. This did not, however, prevent his having at all times a strong interest in and attachment to the legal profession, or his participating, to some extent, in the trial of important cases, both those involving the interests of his road and those of a public nature. It was Mr. Gowen who in 1876 undertook and became the leading spirit in the successful prosecution of the “Molly Maguires,” the secret order composed of sereral thousand anthracite miners which for some years maintained a veritable reign of terror in the coal regions. We also took an active and prominent part in the debates of the Pennsylvania Constitutional Convention which met at Harrisburg in November, 1872, and sat there and in Philadelphia until well into the following year. In 1888 Mr. Gowen resigned from the Presidency of the Philadelphia & Reading, and once more gave his at. tention chiefly to the law, continuing in the practice of his profession until his death on December 14, 1889. In an address before the American Philosophical Society Mr. Richard Vaux said of Mr. Gowen:
"In his early profession he was behind none of the leaders of the bar, for Mr. Gowen ranked among the great lawyers of the country."
An incident, striking for the broad-mindedness which it showed, occurred in the fight over the passage of a bill before the Legislature of the state of Minnesota this winter, which bill provided that all applicants for admission to the bar in that state should be required to take bar examinations. It would have affected the St. Paul College of Law, a night law school founded in St. Paul in 1900, which has attained to a rare degree the confidence of its particular community in the quality of the instruction furnished there. The graduates of that school have been admitted to practice on their diplomas. The striking incident was that the St. Paul College of Law refused to fight the passage of this bill. They took the position that an enactment which required a test to be imposed Year 1906.
January-Twelve men took the examinations ; ten passed. Second and third men were undergraduates in St. Paul College of Law.
May-Nineteen took the examinations; sixteen passed. Third and fourth men were undergraduates in St. Paul College of Law.
September-Eight took the examinations; six passed. First, second, and third men were undergraduates in St. Paul College of Law. Year 1907.
January-Fifteen took the examinations; fourteen passed. Third man was undergraduate in St. Paul College of Law.
May-Twenty-two took the examinations; sixteen passed. Second and fourth men were undergraduates in St. Paul College of Law.
September–Thirteen took the examinations; eight passed. Year 1908.
January-Eleven took the examinations; ten passed. Fourth man was undergraduate in St. Paul College of Law.
May-Seventeen took the examination; twelve passed. First and third men were undergraduates in St. Paul College of Law.
September–Ten took the examinations; nine passed. Year 1909.
January-Eleven took the examinations; ten passed. Third man was undergraduate in St. Paul College of Law.
upon the leading law schools of the country, outside the state of Minnesota, and which did not apply to the law schools in the state of Minnesota, was based upon insular pride and sectional partiality, which should be strongly condemned. The St. Paul College of Law has been noted, from its inception, for the large number of capable lawyers connected with its teaching force, and this illustration shows the disinterestedness in their instruction; for it would have been to their distinct advantage to retain the rights which accrued to them under the old system. The instructors have differed strongly with many of the leading law schools, in that they have condemned the time wasted by such law schools in unnecessary reading of cases. They have disagreed with the same law schools on the necessity of requiring a college or portions of a college education as a requisite for the study of the law, believing that it was not for the best interests of the country and tended to establish a caste; but they demonstrated here that they strongly agreed with those same law schools in one of their important contentions. Although not believing in the requirement of a college education in the way of preliminary education, the St. Paul College of Law is an urgent believer in the necessity of a high school education and has been very strict in insist. ing upon this requirement. As a result, a number of students who have lacked one or more subjects of a high school course and could not, therefore, receive the degree from the St. Paul College of Law, have dropped out before the completion of their course and taken the state bar examinations. In connection with their contention that all students should be required to take bar examinations, the records of the Secretary of the State Board of Law Examiners for Minnesota were produced to prove that probably as large a per cent. of the applicants failed in the bar examinations in that state as in any state in the union. This record for the last five years showed that some 23 per cent. of the candidates taking these examinations failed to pass. It also showed a remarkable degree of efficiency on the part of special students from the St. Paul College of Law, who could not receive the degree of that institution because they were deficient in some portions of a high school education, when in competition in bar examinations with students from the other law schools in the United States. This record for the last five years showed as follows: Year 1905.
January-Eleven men took Minnesota bar examinations; six passed. First and third men were undergraduates in St. Paul College of Law.
May-Eight men took the examination; four passed. First man was an undergraduate in St. Paul College of Law.
September--Four men took the examination; two passed. First man was undergraduate in St. Paul College of Law.
The inauguration of a movement for the establishment at the national capital as part of the George Washington University of a school for the training of young men for positions in the consular service again directs attention to the fact that this government has heretofore made no effort to provide such training for the men it sends to represent it abroad.
The nation at large recognizes the necessity for the maintenance of great schools at West Point and Annapolis for the training of of. ficers for the army and navy; but it is only in the last few years that any thought has been given to the desirability of similar special training for positions in the consular service, although that service is of equal importance with the national defense.
Up to a very short time ago positions in the consular service were regarded as "the spoil of the victors," and were bestowed, without regard to the fitness of the appointees, upon the political faithful.
The necessities of our commerce have rendered a different class of men necessary in the foreign consular service, the importance and usefulness of which has increased wonderfully in the past decade. The foreign consular agent of this nation at the present time has become a sort of pioneer of commercea national advance agent of business. To properly perform the functions expected of him, he needs special training; for he must be ever on the alert to discover markets for our products, and a venues of trade for our merchants and manufacturers. He must be able to see latent opportunities for trade abroad and keep his country informed through the consular reports of the possibilities for busi