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Notes and Personals.
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereupon to stir up strife and put money in his pocket? A moral tone ought to be enforced in the profession which would drive such men out of it."-Abraham Lincoln.
encouragement to the class. He contrasted the facilities for legal study with those pre vailing when he began the study of law fifty years ago, and congratulated the stu. dents upon the superior advantages they would derive through attendance upon the school and upon having as instructors young men, “wbo," said the Chief Justice, "have themselves so recently passed through the student period that they are the better able to appreciate the needs and difficulties of students and to help them solve their problems." He warned the students that, even with the advantages that the school offered, there is no royal road to learning; that hard, serious study is requisite to success. Dean James A. Ballentine then addressed the students on the work of the school, and in turn introduced the various instructors, who gave directions as to class work, after which Dean Ballentine gave a short talk to the first-year men.
The school is centrally located in the Whittell Building, 166 Geary street. Instruction is given only in the evening-for those taking the four-year course on Tuesday, Thursday, and Friday, and for those taking the three-year course on Monday, Tuesday, and Friday. C. R. Stevens, a popular and well-known young attorney in San Francisco, is the Secretary of the Law School.
Harry B. Hutchins has been appointed Acting President of the University of Michigan. Mr. Hutchins is well known as one of the most prominent and capable men in the law school world. Mr. Hutchins has been Dean of the University of Michigan Law School since 1895, and was a professor at the Cornell University Law School from 1887 to 1895. He was appointed Acting President of the University of Michigan in 1897, during the period when Dr. Angell was representing this country in Turkey. It will be difficult to find a better man to succeed Dr. Angell as permanent President of the University of Michigan, and it is probable that Dean Hutchins will be chosen for the position, if he can be induced to accept it.
The San Francisco Law School, the new institution for evening instruction in the law, opened September 13th. The main lecture room was crowded when President Robert W. Harrison opened the session and addressed the assembled students. He outlined the plans of the school, which, he said, it was the hope of the faculty, would be a credit to the city and state and take high rank among the law schools of the country. He said that the school had no fixed policy, other than the study of the law and the inculcation in its students of high ideals and a high respect for the law of the land. "This school is not," said President Harrison, "a coaching class, or for any temporary purpose, but to give to its students such a thorough education in the law as will enable them to enter upon the practice of their chosen profession well equipped with the learning necessary to success."
Chief Justice William H. Beatty of the Supreme Court of California spoke words of
Lawrence Marshall Byers, Professor of Law in the Iowa State University, died in London, England, on July 7, 1909. Mr. Byers at the close of the school year last spring started on a tour of Europe, and while on the boat before landing in Liverpool suffered considerably from an ulcerated tooth. He saw a doctor in London, and decided, on his advice, to have a wisdom tooth, which was the cause of an abscess, removed. Mr. Byers died under ether during the operation. Lawrence Marshall Byers was well and favor. ably known throughout the state of Iowa. He was the son of Major S. H. M. Byers, a prominent citizen of Des Moines. Prof. Byers was born at Zurich, Switzerland, 35 years ago, when his father was American consul at that place. He obtained his pre liminary education in Europe, and graduated from Penn College, Iowa. Later he re ceived his Master's degree at Haverford College, Philadelphia. He then spent a year at the University of Switzerland, at which time his father was consul general to that country. Returning to America, he entered the Yale Law School and graduated from that institution in 1903. He then went to Des Moines, where he practiced law for five years, during which time he lectured in the Iowa College of Law, a department of the Drake University. Mr. Byers left Des Moines to accept a professorship at the Iowa State University Law School, and was connected continuously with that institution to the time of his death. His remains were brought to America, and the funeral services were held July 25th at St. Helens, the beautiful home of Mr. Byers' parents in Des Moines. Dean Charles Noble Gregory spoke at the funeral as the representative of the Iowa State University and the faculty of the College of Law.
Mr. Roger W. Cooley, whose course of special lectures on "How to Find the Law" has proved to be of such interest and value to law students, began his work for the fourth season, on September 20th, at the law school of the University of Minnesota. In addition to the established course on “How to Find the Law," given to the thirdyear students, Mr. Cooley inaugurated an additional course of instruction on Legal Bibliography with the second-year students. The new course is founded on the new edition of “Brief Making,” which is used as a text-book, with supplementary lectures and quizzes. As in the course on "How to Find the Law," Mr. Cooley's aim in the new course is to make the instruction thoroughly practical, laboratory methods being applied as far as possible, thus securing and holding the interest of the student. The course proved to be so successful that it will be given in several other law schools during the coming year. During the next three months Mr. Cooley will visit the law schools of the University of Wisconsin, University of Chicago, Northwestern University, John Marshall Law School, University of Michi. gan, Detroit College of Law, Indiana University, University of West Virginia, Dickinson College, and the University of Maryland. After the holidays Mr. Cooley's work will take him to the law schools of the District of Columbia, Virginia, New York, Ohio, and several of the Western and Southern states. Engagements have been made thus far to cover about 35 schools.
Harold D. Hazeltine, Professor of Law in Cambridge University, England, who was the guest of the Association of American Law Schools at its meetings, held last August in Detroit, and who read a paper before the Association on “Legal Education in England,” is an American. Mr. Hazeltine graduated from Brown University in 1894, and took his LL. B. degree from the Harvard Law School in 1898. For two years, while at Harvard, he was an editor of the Harvard Law Review. Since graduating from the Harvard Law School Mr. Hazeltine has spent most of his time in Europe. He studied law at the Universities of Berlin, Paris, and London, and in the Inns of Court at London. In 1905 he took the degree of J. U. D. at the University of Berlin. Since 1906 he has been engaged in teaching law at the University of Cambridge. Mr. Hazeltine is Fellow and Law Lecturer of Emmanuel College at Cambridge, and Reader in English Law in the University of Cambridge, succeeding Dr. Kenny in the latter position on his election to the Downing Professorship of Laws of England at Maitland's death. In the summer of 1906 Mr. Hazeltine lectured in the University of Chicago Law School, and in the summer of 1908 he lectured in the University of Wisconsin Law School. His work, both as a teacher and as a writer, has been for the most part in English and American law. His public writings include the following:
Appeals from Colonial Courts to the King in Council (Proceedings of American Historical Association for 1894); Englisches Mobiìiarpfandrecht, im Mittelalter (Berlin, 1905); Zur Geschichte der Eheschliesung nach angelsächsischem Recht (Berlin, 1905); Geschichte des Englischen Pfandrechts (Breslaw, 1907); Early History of Specific Performance of Contract in English Law (Stuttgart, 1909); The Gage of Land in Medieval England (Articles in Harvard Law Review).
The new Law School of the State University of Oklahoma opened its doors in September. Prof. J. C. Monnet, who has been a member of the Faculty of the George Washington University Law School, has been called to the Deanship of the new school. It would be difficult to find a man better fitted for the work. Mr. Monnet possesses a rare combination—a Western progressive spirit, and the soundness of Eastern educational ideas. His career is an exceptional one. He took a law course at Iowa, then practiced some 10 or 12 years, then took a three-year law school course at Harvard, just before beginning his teaching work at George Washington University. As a result of this varied experience, he unites in a rare degree the practical view of the lawyer and the scholarly view of the student. The University of Oklahoma is one of the best endowed universities in the country, and, as the Regents seem determined to establish a first-class law school, the prospects for the future seem very bright.
Mr. Hazeltine assisted in the organization of the new Society of Public Teachers of Law in England and Wales, and at present is serving as the treasurer and member of the executive committee of that Association.
The Denver University Law School maintains what is known as a Legal Aid Dispensary, which is modeled closely after in
stitutions called Legal Aid Societies in other cities, in which indigent or friendless liti. gants receive legal advice and services.
This department affords the law students an opportunity to obtain practical experience in meeting and consulting with clients, in selecting the proper legal remedy for their ills, and pursuing the same, by preparing pleadings, supporting them, and trying cases in much the same manner as a medical dispensary furnishes practical experience to the medical student.
During a school year the legal dispensary investigates hundreds of complaints claims, some of which upon investigation are found to be ill-founded, many are settled without court proceedings, and a large number of suits or other court proceedings are commenced and prosecuted by the students of the Law School.
Two students are assigned to each complaint or claim, one from the second and one from the third year classes, and the student is put upon his own responsibility in meeting a client to obtain the proper facts and selecting the course of proceedings to be pursued, subject to the approval of the preceptor in this department. The student then prepares the pleadings and conducts the case through the courts. By an act of the Legislature recently passed, students when representing the Dispensary are permitted to appear in all courts of the state as if admitted to the bar. A large variety of cases is presented, involving almost every branch of law practice, and the work de velops the student's ability to apply the law to the facts.
A small fee is charged where the services are successful. No better schooling for fixing in the mind the numerous details of pleading and practice in the different courts, and familiarizing the students with the forms and methods of conducting litigation, has been devised.
mass meeting was held by the law students in the University of Nebraska, at which the following resolutions of regret were adopted: "To George P. Costigan, Jr., Dean of the Col
lege of Law, University of Nebraska: “Inasmuch as you have served the University of Nebraska as professor in the College of Law for four years and as dean thereof for the two years last past, and inasmuch as during this time we have, as students, reaped the benefit of your untiring efforts, your undivided interest, and your scholarly attainments, all of which have attracted our admiration and respect and in no small measure have shaped our legal training, as they have also left an imprint on the legal profession of the state as a whole, and inasinuch as we have learned to appreciate your sterling character and spirit of magnanimity, as well as the fact that you have at all times been ready and willing to receive the members of the student body into your circle of friendship, and inasmuch as you now stand ready to leave the University of Nebraska, it is the sense of this meeting that we feel highly indebted to you for the valuable services you have rendered each of us personally, as well as the school as a whole; that we appreciate your ability and scholary attainments, as well as your work as executive of the College of Law; that we express our thanks for your loyalty to our institution, for your interest in our welfare individually and collectively; and that, regretting the fact that you are not to remain at the head of our College of Law, and deploring the fact that the state of Nebraska is not in a position to offer you the reward for your serve ices which your ability and accomplishments deserve, we nevertheless wish you a full measure of success in your new field of labor and trust that your life of usefulness may be long and prosperous." "To Chester G. Vernier, Professor of Law in
the University of Nebraska College of Law: "Inasmuch as you have served the College of Law in the University of Nebraska as professor during the past two years and in that capacity given us the benefit of your exceptional talent and scholarship, all of which has commanded our admiration and respect, and which we most sincerely appreciate, and inasmuch as you are about to sever your relations with our institution, it is the sense of this meeting that we express our admiration for you as a teacher; that we fell keenly the great loss our institution will suffer by your departure; that, while we regret that the University must lose your valuable services, we congratulate the institution which will have the honor of having you on its teaching force, and wish you the success in your new field of labor which your talented attainments deserve, and assure you that the well wishes of the student body of the University of Nebraska College of Law follow you."
Speaking of the law, George Sharswood said:
“There is certainly, without any exception, no profession in which so many temptations beset the path to swerve from the line of strict integrity, in which so many delicate and difficult questions of duty are continually arising. There are pitfalls and mantraps at every step, and the mere youth, at the very outset of his career, needs often the prudence and self-denial, as well as the moral courage, which belong commonly to riper years. High moral principle is the only safe guide. the only torch to light his way amidst darkness and obstruction."
John J. Adams, the newly elected dean of the Ohio State University Law School, was born near Dresden, Ohio, in November, 1860. He received his early education in the district school, from which latter school be graduated in June, 1875. In the fall of that year he entered Kenyon College, Gambier, Ohio, from which institution he was graduated in 1879. For the next three years be taught in Harcourt Place Academy, Gambier, Ohio. In 1880 he commenced the study of the law under the direction of Hon. Moses M. Granger, of Zanesville; was admitted to the Ohio bar in 1883; practiced law
Shortly after Geo. P. Costigan, Jr., and Chester A. Vernier resigned from the faculty of the University of Nebraska Law School, the former going to the Northwestern University Law School and the latter to the University of Indiana School of Law, a
in Zanesville, in partnership with Col. Gilbert D. Munson, under the firm name of Munson & Adams, from the spring of 1883 until 1893, when Col. Munson was elected to the Common Pleas bench. In 1894 be was nominated by the Republicans of the Fifth Circuit for Circuit Judge, and was elected in November of that year by a plurality of 8,894. He was the first Republican elected to the Circuit bench in this Circuit, as the Circuit bad before that time been Democratic by large majorities. He served on the Circuit bench for the full term of six years, from February 9, 1893, to February 9, 1901. From 1901 Mr. Adams practiced law in Zanesville. During the last five years he has been a member of the committee appointed by the Supreme Court to examine candidates for admission to the bar.
up-to-date institution of legal learning. For the past few years this law school has been represented by exceptionally strong debating teams. This season the school is anxious to arrange for a debate between its team and a team representing some prominent Eastern law school; the debate to take place in Los Angeles, The College of Law of the University of Southern California is willing to pay the entire traveling expenses of the visiting debating team to Los Angeles and return. Students in prominent law schools located in any part of the country should take notice of this offer, and, if interested, correspond at once with Gavin W. Craig, Secretary College of Law of the University of Southern California, Exchange Building, Los Angeles.
"Craft is the vice, not the spirit, of the profession. Trick is professional prostitution. Falsehood is professional apostasy. The strength of a lawyer is in thorough knowledge of legal truth, in thorough devotion to legal right. Truth and integrity can do more in the profession than the subtlest and wiliest devices. The power of integrity is the rule; the power of fraud is the exception. Emulation and zeal lead lawyers astray; but the general law of the profession is duty, not success. In it, as elsewhere in human life, the judgment of success is but the verdict of little minds. Professional duty, faithfully and well performed, is the lawyer's glory. This is equaily true of the bench and of the bar.”—Edward G. Ryan.
The National University Law School opened its forty-first session October 1st with every prospect of large classes. The decennial census has the effect of increasing the number of students of law in Washington by three hundred or four hundred young men from the various states, who take advantage of the two or three years' duration of the statistical work to study law in the local schools. The following changes have taken place in the personnel of the corps of instruction: Edward H. Thomas, the Corporation Counsel for the city of Washington, has resigned the chair of Equity, which bas been filled by the appointment of Hon. John G. Capers, of North Carolina, who has resigned the office of Commissioner of Internal Revenue to practice law in this city. Professor Keigwin, who was absent during the second term of last year to enable him to try the land fraud cases as special attorney for the United States, will open the year with his course on Practice. Hon. Charles H. Turner, formerly Member of Congress from New York, and for some years First Assistant United States District Attorney, has been appointed to the chairs of criminal law and criminal procedure. It is announced with regret that Hon. James Schouler, for nearly twenty years a professor in the Law School, who came to Washington from Boston to deliver his courses, has decided, on account of advancing age, to give up all lecture work, and has resigned from the Johns Hopkins University and from the National University faculties.
John C. Townes, Dean of the University of Texas Law School, has been elected President of the Association of American Law Schools for the year 1909–10. The school of which Judge Townes is the Dean is the larg. est law school in the South, having an enrollment last year of 380 students. At the beginning of this season the University of Texas Law School requires five academic courses for admission, and this fact may have some effect on the size of the new entering class. The school retains the twelvehour per week curriculum for strictly law subjects, and in addition requires three hours a week of the Juniors for Civil Government, three hours of the middle classes for Political Science, and one hour a week of the Seniors for Argumentation. The Seniors also have an addition of three hours per week for practical work.
The College of Law of the University of Southern California opened this fall with an enrollment of nearly 300 students. This great law school of the Pacific Coast occupies an entire floor in one of the large office buildings in Los Angeles. It owns its own library, and is in every sense a modern and
San Francisco is now well supplied with law schools. With the Hastings College of Law, the new San Francisco Law School, the Y. M. C. A. Law School, and the Kent School of Law, all located in the city of San Francisco, the University of California Law School, situated across the Bay in Berkeley, and the Leland Stanford Law School, a few miles out of the city, there is certainly ample opportunity for the study of law in the metropolis of California. Work on Boalt Hall, the new $150,000 law build. ing at the University of California, is progressing rapidly, and the building is expected to be ready for occupancy some time this winter.
member of the Supreme Court Commission of Nebraska. Prof. Pound will teach Equity, Evidence, and Criminal Law at the University of Chicago. Owing to the growth of the school, the first-year classes in the Uni. versity of Chicago Law School will be divided into two sections this fall.
William Granger Hastings has been appointed to the deanship of the University of Nebraska Law School to succeed Geo. P. Costigan, Jr., who resigned last summer to accept a professorship in the Northwestern University Law School. Mr. Hastings has been connected with the University of Ne braska Law School, as a member of its faculty, for several years. Chas. A. Robbins and S. J. Tuttle have been recently appointed to the teaching force of the University of Nebraska Law School. Mr. Robbins was formerly a member of the faculty of this school, but resigned several years ago to devote his entire time to the practice.
A short book of poems, entitled “The Blue and the Gray, and Other Verses,” by Francis M. Finch, with a preliminary word by Andrew D. White and a portrait of the author, has been published by Henry Holt & Co., New York, 1909. The author was for fifteen years Judge of the Court of Appeals of the State of New York, and thereafter for eight years Professor of Law in Cornell University, during a portion of this period being Dean of the Law Faculty. Shortly before his death, which occurred in 1907, Judge Finch consented to the publication of these poems. In his preface he says:
"To those who may sneer at a lawyer writing poetry he will only answer that he is not the first that has done so, and that much of the law of the ancient world was preserved and handed down in verse."
The first poem in the book is “The Blue and the Gray,” which first appeared in the Atlantic Monthly, September, 1867, of which Ex-President White says:
"First published in the Atlantic Monthly, then caught up North and South, and read over the graves of Unionists and Confederates with equal fervor, it is not too much to say that all the orations and sermons and appeals for the restoration of kindly feelings between the two sections have been far exceeded in effect by this simple poem.”
The “Smoking Song" also appears, first published in the Yale Literary Magazine, 1849. The volume closes with "Twilight," which was read at the fiftieth anniversary of the graduation of the class of 1849 from Yale College. Professor Edwin H. Woodruff of Cornell University assisted in the selection and editing of the collection.
Arnold. B. Hall has been appointed instructor in Public Law in the Northwestern University. Mr. Hall graduated from Franklin College in 1904, and in 1907 received a degree of J. D. from the University of Chicago Law School. In 1908 he was assistant instructor in the Department of Political Science at the University of Chicago. Last year Mr. Hall gave up teaching and be came Fellow in the Department of Political Science, devoting his entire time to research work along lines of the judicial administration in Illinois.
The trustees of the University of Georgia have elected Thos. F. Green, of the Athens bar, to a full professorship of the Law School of that University. Mr. Green surrenders a large practice in accepting the professorship. He brings to the work the ability, equipment, and energy which gave him success as a practitioner. The election of Mr. Green to the faculty adds greatly to the agency of the work being done in the Law School. Sylvanus Morris, the Dean, and Mr. Green, will give their entire time to the Law School.
After a very successful year in the George Washington University Law School, Professor J. C. Monnet has resigned his position in that school to become Dean of the newly or. ganized Law School of the State University of Oklahoma. Professor Monnet's colleagues and friends in Washington greatly regret his departure, but confidently expect that he will render valuable service to the cause of legal education in establishing the new Oklahoma Law School on a sound basis. Professor Monnet's work in the George Washington University Law School will be intrusted to Mr. Harries A. Mumma, who has been elected an Assistant Professor of Law. Mr. Mumma is a graduate of Harvard, both in
The University of Chicago Law School adds to its faculty this fall Roscoe Pound, who for the past two years has been a Professor of Law at Northwestern University. Before that, Prof. Pound was Dean of the University of Nebraska Law School and a