« PreviousContinue »
After the keys had been presented, the onstrate its realization of the importance main address was delivered at the Uni- of great, as well as sound, legal instrucversity auditorium by George W. Kirch- tion, it seems to me the happiest inauguwey, Dean of the Columbia University ration, not only for the people of the College of Law, who spoke in part as University, but for the people of the follows:
state. “This is indeed an auspicious occasion,
“The idea of a University which I will and I should have been moved to dwell
hold before your eyes will be of an inupon that fact, had it not been for the stitution of a higher education, whose grateful and felicitous and appropriate pivot and the center of whose life is a words in which the speaker in the library
teaching of the law worthily conceived, a few moments ago expressed the senti- because, as I look at it, the law is not the merts of the occasion, and especially
conservator of our institutions, but the were it not for the beautiful and eloquent creator of those institutions, in which words of my friend, your Dean of the
generations yet unborn must grow and College of Law. There remains nothing
make their contributions to the well-being for me to say in order to emphasize the
of humanity. The law school then has beauty and importance and the signifi- indeed a place in the University, whether cance of the occasion. That you have its work be regarded as a University acquired a fitting habitation for your an
discipline of the severest sort or whethcient and splendid law school, long be- er it be regarded as an opportunity to fore my own law school at Columbia has serve the state. From all points of view, secured such a habitation, is not an occa
the law has a place, and a great place, in sion for envy, but again for congratula- the University scheme, and it may do tion.
much for the University, "I am glad that in the University of “But my real theme is, not the place of Iowa the law school occupies a distinc
the law school in the University, nor the tive place, emphasized by the erection of
service of the law school, properly conthis appropriate and beautiful building. veyed, from what it may render to the It is better to have a department of law
University, but what the University may than to have legal instruction; it is bet- do for the law school, and through the ter to have a school of law, and better law school for the profession to which yet to have a college of law, than to have it ministers. a department of law. Perhaps you will “The lawyer is not only the leader of believe, before I have finished my re- the community, but he directs the enermarks this morning, that I am disposed gies of our great industries and of the to exalt the influence of my profession; state, and it is he who is little by little but I believe too much cannot be said in bringing the power of the state to bear a growing human society of the law and upon those great industries. You elect the administering of the law, and that lawyers, not only to the Bench to admintoo much attention cannot be paid to the ister the laws, but to the Legislature to proper instruction of those in whose make the laws, and to the executive hands are committed the great trust of chairs to execute the laws, and if there the administration of justice in a state. were any other functions of the governThat the University should emphasize ment, you would elect lawyers to fill that high function of its power and dem- them, too. The vocation of the lawyer is that of administering, and in the process continental jurisprudence. Can it be said of administering of creating, the law of to be the spirit of our American juristhe land.
prudence at the present time? Is not "When you say the judge is engaged deference to precedents really the govin making the law, it is something like erning factor in the determination of judicial heresy, and might involve one controversies submitted to the court! who made the statement in the presence
That it has been in the past we all agree. of the court in the penalties of contempt Let us see whether it is different in the of court.
Why? I am sure I do not present. In the past the ossification proknow. If it be indeed true that the cess of the common law went on so rapjudges do not make the law, will some idly that in a very early period of the one please tell me where we have gotten reign of Edward it became necessary to our enormous bulk of the law to-day? enact by law in particular that the courts The entire law was stated by Blackstone should entertain jurisdiction of a case in full in four little books, which may be of very similar character, even though found now in one single volume. Turn they had no direct precedents for the to the American Law Commentaries, and case in hand, and so we have secured that you find from twenty to forty volumes of great action known as the 'action on the encyclopedia containing the American case,' which expanded the jurisdiction of law. Is it our Legislature, is it Parlia- the common-law court and brought in a ment, is it Congress, that makes law ? new day of justice into the narrow conLess than one-tenth has been created in fines of the common law; and then later any manner such as that, and the other on, as that same process continued for a nine-tenths has been evolved in the pro- few hundred years or more, again the cess of judicial interpretation. It is the
confines of the common law were atdirect creation of the courts. My theory tacked and its flexibility destroyed, and is that the judge neither applies the law, then the equity system was invoked, alnor makes the law, when he decides a though the common-law lawyers strug. case; but he is just deciding the case. He gled against that equity system that a is compelled to make a rule to fit the case, man's sense of right should be the deterbecause there is no such rule. He really mining factor of a controversy. aims to shape justice. It is an inevitable "But, as we are aware, the equity systendency of the human mind whether
tem made good travel, and for centuries judicial or not to follow precedents. from that time, and from the year 1600
"In the countries that have been fore- to 1900, it has flourished in the hands of warned, having inherited a more ancient a succession of able and brilliant chanexample, namely, that of Rome, there are cellors and judges, until to-day the Court statutory provisions against the judges of Appeals of the state of New York, following precedents, and there are stat- confronted with the question of restrainutory provisions which apply to judges ing by injunction the publication of a who refuse to decide a case because they beautiful young woman's portrait against cannot find the law governing the same her will, for an advertisement of soap or in the Code. And that statutory spirit whatnot, folds its hands and says that is, 'Go ahead and do justice, and that the power of equity to extend and exspirit I am told is the spirit of France, pand justice to reach new cases has ceasGermany, Austria, and generally of all ed. There is no precedent for the ex
ercise of jurisdiction contended for. In law is not a senseless thing of the past, other words, I do not think I speak too but a living thing of the present and fustrongly of our equity system when I say ture; that it is not made for the courts, that it has gone through that same pro
but it is theirs to make; that a prececess of ossification, the same that the dent has no inherent sanctity, but, as I common law has twice gone through, un- represented a moment ago, is a signpost til to-day we are a people in a large only, pointing the way, as it seems, to measure governed by the same prece- some watcher in the past to stretch into dents in equity as well as in law, and no the future, and not to be followed unless longer by the expanding sense of justice it points to the promised land of justice of the intelligent judge who sits on the and mercy. The history of the common bench. If I am right about that, a rem- law is the history of the struggle for soedy should be sought; but where shall it cial justice. The rules of the common be sought? Shall we look for it in legis- law are milestones in the slow and painlation? I said a little while ago that ful march of the English and American more than nine-tenths of our law was people from individual bondage to social judge-made law, and not legislation. freedom. But this struggle is still in its
"It has simply been a method of amel- infancy. This march is still only fairly iorating our legal state and of keeping us begun. Lawmaking agencies have blindup to date. Certainly it has not justified ly and unconsciously marked the slow itself up to the present time, and is there and painful gain made by society in its any reason to believe that it will in the
upward progress. future justify itself? There must be "It will be no small task for the Unisome way out. The statute which cre- versity to make a great professional colates the action on the case has failed us, lege and to lift it to the grave responsiequity has failed us, and the Legislature bilities which its powers entail. I think has failed us. What is the way out? I have shown that it is an indispensable Let me restate the problem: As we can- task, and I believe that it is the task of not have justice without law, the prob- the University, and the University only lem is to make law a more perfect instru- that can achieve it. Let us be under no mentality of justice, by taking into the illusion. The law school, left to itself, law without undue delay the conception but too faithfully reflects the utilitarian of private rights and social obligation aims and narrow spirit of the profession which our growing civilization develops. which it serves; but the University has The task of bringing this to pass is the a wider and more exalted vision of its task of the University in training the public obligations. It will make of the bench and bar of the future. Remember law school a seat of legal learning, and it the flexibility of the common law is a will test every doctrine by the standards real thing, notwithstanding this adher- of justice and righteousness. To the ence to precedents.
generations of students who will be the “This common law of ours can be law finders, the law makers, of the counmade a vital force by the inculcation of try, the University will expound the law, the truth, so long obscured, that the end not as a body of esoteric doctrine, such as of the court is the administration of jus- the scholastic mind of Coke conceived it, tice, not of a system of rules; that the but as the living vesture of society, its moral code translated into action, its but shows that lady students in the colwords becoming flesh and dwelling lege are expected, and that provision is among us.
made for their comfort. On the second "Our judges are in high places, where floor is a large lecture room, which will they can catch the dawn of the new day, seat one hundred and seventy students, the new day that is ever dawning for hu- the moot court room, and five offices. In manity; and woe unto them, woe unto addition to the regular offices, there is a us, if they turn their backs on that smaller one adjacent to the moot court dawn and keep their eye fixed on the twi- room for the clerk of the court, and anlight shadows of the past."
other to be used as a jury room. There During the afternoon a reception was is a room on the first floor which has held in the Law Library by the Faculty been assigned to the Marshall Law Soof the College of Law, and in the even- ciety, which is the debating society of ing the Alumni of the College gave a the Law School. banquet in the parlors of the Methodist The third floor is given over entirely Church.
to the law library. The entrance to it is The cost of the new law building, in- through double doors on the east side. cluding furniture, was about $130,000. Just south of the entrance is the LibraIt is built along the same architectural rian's office, and north of it is a small lines and of the same fireproof construc- room to be used as a consultation room. tion as other buildings at the University The remainder of the floor is in one of Iowa recently erected. There are three large combination stack and reading floors above the ground floor. The room. This reading room is one of unground floor is a few feet below the sur- usual beauty, the most characteristic face, but is well lighted and ventilated, thing about it being a high arched ceiling and all the space it affords will be utiliz- supported by two rows of massive scagl. ed. On entering the building one is im- iola columns. The consultation room is pressed with its beauty as well as its so- is a new feature in libraries, but is exlidity. The lines are simple, but the pected to prove a convenience. In moot construction is massive and dignified. court work students are paired and nec
On the ground floor there is a lecture essarily work together in drawing pleadroom, a janitor's room, locker room, and ings and briefing arguments. While this a students' room. The students' room is should be encouraged, it causes more intended to be a place of relaxation. confusion than can be tolerated in the Smoking is permitted there. Already the reading room and requires a place apart. . students are planning to raise money and It is to meet this need that the consultasubscribe for some of the leading news
tion room is provided. papers of the state to be placed on the The furniture is, like the woodwork tables of this room. On the first floor is of the building, of oak, and stained to a located the Dean's offices, a lecture room, shade known as early English. The and women's room. The Dean's offices moot court room is fitted up like an orconsist of one rather large and comfort- dinary court room. In the lecture rooms, able office and a somewhat smaller wait- instead of chairs with tablet arms, there ing room. These rooms, while comfort- are bench-like desks and swivel chairs able, are simple in design and furnish- fastened to the floor. This method of ings. The women's room is not large, seating lecture rooms has been tried in
some modern law schools and found to cast iron uprights and steel shelves. afford the student a more comfortable They are furnished by the same company way to take notes than does the old-fash- and are of similar construction to those ioned chair with a tablet arm. Book used in the Library of Congress. The stacks for the library were furnished by wood furniture in the Library was furthe Snead & Company Iron Works, and nished by the Library Bureau, and, while are of a standard design, consisting of plain, is massive and substantial.
Law Instruction in the La Salle Extension University
By SAMUEL MacCLINTOCK, Ph. D.
HE La Salle Extension University, and bureau of information suited to their
located in Chicago, is an education- needs for reference and consultation. al institution chartered under the laws of The work of the University thus falls Illinois for the purpose of giving instruc- within the province of extension methtion by extension and correspondence ods of teaching—which has been well methods.
termed "taking the University to the peoIt occupies a field somewhat apart ple." from that covered either by resident in- The La Salle Extension University, in stitutions or the usual correspondence establishing its Department of Law, schools. The latter generally teach ele- sought to place it upon a plane that mentary or technical subjects, while we would bespeak for it the friendly co-opendeavor to supply instruction in utili- eration of the American Bench and Bar, tarian courses chiefly, such as “Business and also the law schools and colleges of Administration," "Interstate Commerce," America. Likewise in planning the “Domestic Science," "Literature," "Ef- Course of Instruction in Law it has been fective Expression," "Law and Proce- the purpose to give it that character and dure,” etc.
standing which would stamp it with the We offer our services in particular to mint-mark of legal authority. the following classes of persons:
In thus promoting the cause of legal 1. Adult people, who failed to secure education among the general public we the education they wished while young aim to prepare young men for admission and who desire to make up the deficien- to the bar, and to equip students with cy.
a practical knowledge of law and proce2. Young men and women, desirous of dure, as distinguished merely from a entering a professional or a semiprofes
theoretical training. In support of this sional business, but who are not able to purpose attention is called to the followequip themselves by attending resident ing Epitome of Student's Privileges in institutions of learning.
the course of instruction in Law and 3. Business and professional men, who
Procedure: find the University's text-books, lectures,
1. Instruction in the theory and prac