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place their property and their life in the hands of their counsel. Years ago, De Tocqueville, in writing of the American bar, called them the greatest conservative force in American society and said: "When the American people is intoxicated by passion or carried away by the impetuosity of its ideas, it is checked and stopped by the almost invisible influence of its legal counselors.'
“So, gentlemen, you are preparing to identify yourself with a profession that is a component part of the great structure of human government, and if you truly succeed you must lift your heads above the lucrative application of the law, and see in it the embodiment of the manners and customs, the liberty and the life. of the great seething mass of humanity about you; and may you ever respect its majesty, esalted dignity, and imposing loftiness."
lators as they have to demand that the lawyer, physician, or member of any other profession possess the highest qualifications, since legislation is the noblest and most difficult of all occupations or professions.
“Nearly a half a century ago John Stuart Mill declared that 'there is hardly any kind of intellectual work which so much needs to be done, not only by experienced and exercised minds, but by minds trained to the task through long and laborious study, as the business of making laws.' And his declaration is equally applicable to conditions of to-day. And, in my opinion, if a greater degree of intelligent discrimination were applied to legislation, and such statutes enacted as were destined to become a part of the life of the people, and overlegislation avoided, our modern system of jurisprudence would be less topheavy, and we would not hear so_much about the law's delay. At this point, I desire to impress you with the thought that the lawyer, in his capacity of adviser and counselor to the public, stands in an advantageous position to yield a great influence in shaping public sentiment along lines of progressive legislation, whereby the majesty and integrity of the law could be upheld without doing violence to wholesome precedents and established rules. And both in the making of and executing the laws the lawyer plays an important part, and he best serves his profession who aims at the highest standard in the enactment of laws and the administration of justice, for no profession can succeed unless it has the respect and confidence of the people.
“The sanctity of the law does not consist in mere enactment by legislators. The substance of power is that which sways the minds and hearts of the people and their sentiments and principles applied to the practical things of life. Their faith and loyalty clothe the law with real majesty. The highest badge of civic authority now is not the scepter of the king, nor the dress of the president, nor the uniform of the general; but the highest authority is the law which is wholesome and certain of execution, one which is spontaneously respected by society, which innocence and weakness instinctively rejoice in, which guilt and knavery instinctively fear. It has been well said that a nation could better afford to part with all its military and naval equipments than to have the least abatement of the regard which the people have for forms of town meetings, their deep reverence for the statutes, their quick submission to a writ, their dread of mobs, the awe that attends the hearing of a sentence of death from a judge. In the first instance, the country would lose some visible facts which represent its strength and which might be replenished by taxation. In the latter instance, it would part with forces inherited from the past ages, which are its strength, and by which it is swung over the abyss of lawless
as the globe is hurried over the black depths of space by the threads of gravitation.
"If for one moment we remove the spirit and sentiment of respect for the exalted dignity of the law, society is broken and government is at an end.
saw a frenzied mob defy the power of government and chain the hands of justice for one brief hour. The populace became a howling horde of demons, when passion seethed and hissed defiance at the majesty of the law. It was but for one brief hour, but in that hour I felt the temple of justice rock and tremble and heard the rumbling sound of revolution; and, repeating the words of Lord Clarendom, we say that the law is the standard and guardian of our liberty, it circumscribes and defines it, but to imagine liberty without law is to imagine every man with his sword in his hand to destroy him who is weaker than himself.'
"The greatest asset of the bar is that respect and trust and confidence which lead men to
With James Barr Ames there passed away on January 8th one of the greatest figures in the legal profession. In legal education the United States has for a generation led the English-speaking world, as it will for at least a generation to come; and Professor Ames, as Dean of the Harvard Law School, successor of Christopher Columbus Langdell, and chief among American legal historians, has been the most potent single influence for the spread of legal learning. If Amer. ican law is now to have a reconstructive period of copious fruits and permanent results, it will be due to the scientific methods and influences for which he stood forth preeminently.
When President Eliot, in 1870, installed Dean Langdell in the Harvard Law School as the pioneer of new methods, to replace the orthodox, but outworn, traditions represented by the eminent names of Story, Greenleaf, and Washburn, the first younger worker produced under the new system was James Barr Ames, born in 1846, and graduated from Harvard in 1868. Some twentyfive years later he succeeded to the University Deanship of Mr. Langdell. His quiet geniality and warm heart mastered the affections of all his pupils. Those pupils went forth into all quarters of this country and of the world. As teachers, judges, and practitioners, in every state and territory, they have been influencing and directing the course of our law. The results of his inspiration are written on every page of the modern supreme court opinions.
His professional leadership rested on remarkable gifts in four directions-gifts for historical research, for originality of conception, for versatility of sympathy, and for constructive treatment of present problems.
As an historical scholar, Ames represented in America what Maitland represented in England-a search for beginnings, a careful instinct for verified details, a complete familiarity with the sources. One of the typical sights at a Harvard Law School es. amination in the old days was Professor Ames at the desk, whiling away the time
with a volume of the black-letter Year Books, turning over the pages with absorbed interest, and perusing the arguments upon essoins, charters and uses, with a (to the student) mysterious ease and rapidity. With the exception of Justice Holmes, he was probably the first legal scholar in this country to read the Year Books through from cover to cover. His revelations in tracing the history of trespass, trover, assumpsit, and the other forms of action, preceded, in time of publication at least, the work of Maitland. To those who remember his first announcement and demonstration, twentytwo years ago, that the origin of assumpsit on a special contract must be attributed to the action for deceit, and not to the ordinary action on the case, there remains still in memory the thrill of having been present at epoch-marking disclosures of a new science by a new and true prophet. As soon as young men began to see and appreciate the historical methods used by Ames, it was perfectly certain that the past would be broken with, and that sound, realistic standards of historical research would dominate our profession.
In originality of conception, Ames was fertile at every point with new suggestions. He never took up a chapter of any subject without making some new contribution, serving to support a consistent and just result. Amidst the tangle of variant and opposing decisions presented on such subjects as the enforcement of an assignment of a chose in action, or the creation of a resulting trust on a parol contract to convey land, or the rights of partnership creditors against individual partners, his mind was most at home in the satisfaction of discovering a sound principle which would work out the problem. His theories often represented views which at that time no court had yet perceived. But if there is any mode in which the legal scholar can be distinctively useful, it is surely this. And time will often vindicate its value. Carlyle reminds us somewhere that when Rousseau's book was circulated in the cultivated circles at Paris, the fops of orthodox learning jeered at its theories; but before a generation had passed “the skins of those who jeered had been tanned to bind the next additions of that young man's book.”
In versatility of scientific interests, perhaps no man since Story has equaled Ames' record. He went from one subject to another with amazing rapidity, fructifying each. Pleading, torts, bills and notes, trusts, equity, admiralty, mortgages, quasi contracts, suretyship, trusts, partnership-could there be a more versatile list? And in each of them, in preparing his case-books, he had surveyed the whole field, modern and ancient. Some unquenchable zest for new fields drew him ever further, and gave him an en
cyclopedic range without ever abating from the strictest standards.
His constructive contributions came later. They began with his criticisms of the draft of the Negotiable Instruments Act, put forward some fifteen years ago by the then youthful Conference of Commissioners on Uniform State Laws. He was gradually drawn into constructive work, and gave hearty aid. As a Massachusetts Commissioner he helped in the work upon Carriers, Sales, Bills of Lading, and Partnership; and the drafting of these statutes by Professors Beale and Williston, his colleagues, has been due in large part to his influence.
But his intellectual modesty, never abating, destined him to remain always better known to his pupils than to the profession at large. His amiable disposition and his cordial welcome to the young student have made him the central figure in the minds of those thousands of graduates who at this moment all over the country lament his loss. The learned and the professional world had indeed already given ample recognition to his leadership. The honorary degree of Doctor of Laws had been bestowed on him by the Universities of New York, Pennsylvania, and Northwestern. He was sought to lend his name and advice in every progressive movement by the profession. At the last meeting of the American Bar Association, at Detroit, in 1909, had he consented to the use of his name, he would have been elected president of the Association-an unprecedented honor to be given to a teacher by a national body of active practitioners. It has been said, and doubtless with truth, that he had never once tried a case in court. This would indeed be a proof that law is genuinely a science, not merely an art, and that the highest attainments in it may be reached by strictly scientific study alone. The life of James Barr Ames is a perpetual memorial of the best in American legal sci
-J. H. W., in Illinois Law Review.
John Prentiss Poe, for many years Dean of the University of Maryland Law School, died in Baltimore last October. In a memorial address delivered on Academic Day in the University of Maryland, Hon. Henry D. Harlan, speaking of the life and work of Mr. Poe, said in part:
John Prentiss Poe was born in Baltimore in a house still standing on Liberty street, a short distance north of Lexington, on August 22, 1836.
The two forces which most influence men's lives are heredity and environment, and John Prentiss Poe came from a line in which genius bad appeared, and in which public and private virtue were ever present, and he grew up under happy influences, having before his eyes a rare example of domestic felicity, refinement,
culture, and the many graces of Christian char- If I were asked to sum up the principal character. He was carefully educated. His first acteristics of this life, I should say that actirteacher was his accomplished mother. For a ity, industry, integrity, devotion to his family, short while he was a pupil in the public schools devotion to his profession, devotion to the Law of Baltimore, and at an early age entered the School of this University, devotion to his party, French and English Academy of Professor Bour- cheerfulness of spirit, and conscientious persaud. Later he attended St. Mary's College, formance of duty in every station of life which and subsequently matriculated at Princeton Col- it pleased God to call him, were dominant. lege, from which he graduated with the class of The end was not unfitting. He labored to the 54. being then in his eighteenth year. . On the
last. His step may not have been quite so fiftieth anniversary of his graduation his Alma quick, his heart action not quite so strong; but Mater conferred upon him the degree of Doctor his eye was as bright, his smile as sweet, his of Laws.
presence as cheery, his hand clasp as warm as On his return from college, the young grad- ever when we last saw him, and he retained all uate secured a clerkship in a bank, and during his alertness and mental vigor and happy disthis time read law under the supervision of his position. The stroke came suddenly on the father. He was appointed Librarian of the Law morning of the first day of the week-the Lord's Library, where he had an excellent opportunity Day, and thereafter he lingered but a short to pursue his studies and familiarize himself space, attended by his loved ones, and quietly, with the literature of the law. He was admit- without suffering before dawn on the morning of ted to the bar of Baltimore, in the superior the succeeding Thursday, October 14, 1909, court, on the twenty-first anniversary of his passed into the life immortal, leaving us the birth-August 22, 1857-and in December of memory of one who was faithful even that year he was admitted to the Court of Ap- death. peals of Maryland, and to the Supreme Court of
From the genealogy of the family, given the United States in the succeeding January, From the first he showed marked ability, and
by Judge Harlan, it appears that the Poes soon entered upon a career that for duration, were of Irish ancestry; the immigrant anactivity, and success has few equals. In every cestor having come to America in 1743. Mr. department of the law he was equipped to serve his clients, and no one served them with greater
Poe's father was Neilson Poe, a lawyer and fidelity. In their behalf no task was too great
writer of ability, and he was the third of to undertake; no amount of research, too ardu- nine children. Mr. Neilson Poe was first ous; no attention to details, too exacting. He cousin of the poet. brought to the trial of their causes a mind richly stored with the learning of the profession; a thorough acquaintance with the rules of practice and the technicalities of pleading; a capacity for clear and exact statement that was un
On February 5, 1910, Judge Simeon E. excelled; a memory that was little short of Baldwin, having reached the age of three marvelous, combined with reasoning powers of score and ten, was retired from the office of a high order, and a diction that was singularly
Chief Justice of the Supreme Court of Erpure and copious. He could speak in the simple language of convincing logic, or, when the occa
rors of Connecticut in accordance with the sion required, employ the persuasive voice of constitutional provision that no judge shall eloquence. He could denounce fraud and wrong hold office after arriving at the age of serwith telling effect, and uphold justice and right
enty. Judge Baldwin's retirement has been with overpowering force. His manners were gracious and winning. While maintaining the
marked as is not often the case when the interest of his clients, he was fair to his oppo- leader of a state judiciary leaves the bench nents, courteous to his adversa ries, deferential
by general recognition, from all parts of the and respectful to the court. He was an adept in the art of cross-examining. Small wonder
state, of the loss the commonwealth has that he had many cases to try in state and fed
thus sustained and of his many virtues of eral courts. The most complete record of his character and personality. He evidently has work as an advocate will be found in the one
the affection of the people not less than of hundred volumes of the Maryland Reports through which are scattered the cases, many of
the bar. As he is in the full vigor of an inthem of the greatest importance, in which he domitable energy and an admirable mental appeared before the court of last resort. The endowment, there has been a general disporecord begins in 11 Maryland. He was then
sition to complain of the operation of the but twenty-one years old. In this volume are his first and second causes on appeal, and in
constitutional age limit under circumstances both he won notable victories. The second was which it was never designed to meet. Sow an action of ejectment, and one of the opposing that Judge Baldwin is in private life, he is counsel was that eminent advocate, Isaac Nevitt
deemed eligible for all sorts of honors. It Steele. I once heard Mr. Poe say that the study he had given, as a young man, to the in
has been proposed that he be made Governtricate law of ejectment in this case was reflect- or, or that he be sent to Congress. To the ed in the fullness with which the action of eject- educational world Judge Baldwin is best ment is treated in one of his books.
known as one of the strongest and most Mr. Poe was a great master of our profession. But he was more than an eminent law
capable law school instructors in the counyer. He was the codifier of our whole body of try. His connection with the faculty of the statute law---public general and public local, Yale Law School dates from 1869 to the as well as of the ordinances of the city council of Baltimore. He was the draftsman of many
present time. reforms in legislation, and a legal author of
Simeon E. Baldwin was born February 5, note. His books have been of inestimable value 1840, at New Haven, educated at the Hopto the profession. There is in our state no kins Grammar School and Yale College (A. practitioner, even of the smallest pretensions,
B., 1861), and afterwards studied law in the and no judge, who does not keep his works on Pleading and Practice at hand, and refer to
Yale and Harvard Law Schools. In 1893 them constantly.
he was appointed a member of the Supreme
peration" as "a Creature devised by Selfish Interests to secure the Free Coinage of the Atlantic Ocean," and adds,
"Little drops of water
Plenty of hot air,
A pretty fat affair." I myself have defined the corporation, but in so serious a way that I am afraid it would make you weep after Mr. Bangs' juicy definition, so I shall not impose my own on you. If there are some of you who like the corporations roasted, the foregoing will suffice, I hope, with the following additional stanzas which I will recite, following the elocutionary precedent set by some of our brothers: “A copperation is a beast
With forty-leven paws
Attention to the laws.
Court of Errors of Connecticut, and since 1907 had been the Chief Justice. Before going on the bench he was in active practice at the bar, both in the state and federal courts, and occasionally appeared in important cases in those of New York, Massachusetts, and Rhode Island, as well as before the Supreme Court of the United States. He had from time to time served on state commissions for the revision of the education laws, of the system of taxation, of the General Statutes, and to simplify and reform procedure in civil actions.
He has been president of the New Haven Colony Historical Society, the American Historical Association, the American Bar Association, the Association of American Law Schools, the American Social Science Association, and the International Law Association of London. He is now President of the Connecticut Academy of Arts and Sciences, of the Connecticut Society of the Archæ. ological Institute of America, of the Trustees of the Hopkins Grammer School of New Haven, and Director of the Bureau of Comparative Law of the American Bar Association. He is a member of the American Antiquarian Society and the National Institute of Arts and Letters, and a corresponding member of the Massachusetts Historical Society, the Colonial Society of Massachusetts, and the Institut de Droit Comparé of Brussels. Harvard gave him the degree of LL. D. in 1891.
Besides having been a frequent contributor to the transactions of various societies and to legal or historical periodicals, both in the United States and abroad, he has published a Digest of the Connecticut Reports, “Modern Political Institutions," "The American Judiciary," "American Railroad Law," and was a co-author of "Two Centuries' Growth of American Law."
"It grabs whatever comes in sight,
From hansom cabs to socks, And with a grin of mad delight
It turns 'em into stocks.
"And then it takes a rubber hose
Connected with the sea And pumps them full of H2O's
Of various degree.
“And when they're swollen up so stout
You'd think they'd surely bust, They souse 'em once again, and out
They come at last a Trust. "And when the Trust is ready for
One last and final whack, They let the public in the door
To buy the water back.".
Among the many good things said by William Allen Wood in giving a toast at a recent dinner of his ollege fraternity, Phi Gamma Delta, at Indianapolis, were the following:
Being a lawyer of the corporation variety, I' fall within a class that has met some share of undiscriminating public condemnation. The public seems to think the corporation lawyer is like a certain divinity student of whom I once heard. He went from the divinity school to preach a trial sermon, and, on his return, was greeted by one of the professors in the institution. "How did you get on with your sermon?" inquired the professor. “First rate, first rate,” said the student. “What was your text?" asked the professor. "How shall ye escape if ye neglect so great a salvation?” answered the young man. "A good text," said the professor. "And how did you treat it?" "First,” said the student, "I showed 'em how great this salvation is, and, second, I showed 'em how to escape if they neglected it."
John Kendrick Bangs bas defined the “Cop
At the end of the current academic year George W. Kirchwey will lay down his administrative duties as Dean of the Columbia University Law School. He will be succeeded in that office by Professor Harlan F. Stone, who was an instructor in the Columbia Law School from 1899 to 1905 and has since been engaged in the practice of law in New York City. Mr. Stone expects to give up his practice and will devote himself entirely to the work of the Law School. He is a graduate of Amherst, '91, and of the Columbia Law School, '98. Mr. Kirchwey will retain his connection with the Law School as Kent Professor of Law. Another change in the Columbia is the addition to the teaching staff of Jackson E. Reynolds, A. B. Leland Stanford, '98, LL. B. Columbia Law School, '99. Mr. Reynolds was lecturer in the Columbia Law School 1903–1906, when he resigned to engage in practice. He is now General Solicitor of the Central Railroad of New Jersey, and has arranged to teach the subjects of Agency and Carriers in the Law School. William D. Guthrie, the well-known constitutional lawyer, who was appointed to the professorship of law a year ago, will continue to give instruction in American Constitutional Law. The courses in Constitutional Law heretofore given
by Professor John W. Burgess will hereafter be given by Professor Frank J. Goodnow. Professor Francis M. Burdick is traveling in Europe during the current half year on leave of absence. This provision of halfyear leaves of absence is a new one at Columbia, and has had the interesting effect of rendering it necessary to concentrate many of the courses given in the law school into one or the other half year, instead of spreading them, as has heretofore been done in most instances, throughout the year. The courses which were formerly given at the rate of two hours per week throughout the year are now given at the rate of four hours a week for one half year.
An effort is now being made in Columbia to arrange the work in the Law School so as to make it possible for the students to enter and graduate in the middle of the year. This arrangement will meet the needs of a considerable number of students who graduate from college at the end of the first semester, instead of the end of the academic year. This year, also, for the first time, Columbia has inaugurated the system of giving summer instruction in law in connection with the regular summer session of the University, which begins July 6th, and extends to August 17th, a period of six weeks.
A persistent lawyer, who had been trying to establish a witness' suspicious connection with an offending railroad, was at last elated by the witness' admission that he “had worked on the railroad."
“Ah!” said the attorney, with a satisfied smile. "You say you have worked on the P., T. & X?”
“Off and on for seven years, or since I have lived at Peacedale, on their line."
"Ah! You say you were in the employ of the P., T. & X. for seven years off and on?"
"No. I did not say that I was employed by the P., T. & X. I said that I had work. ed on the road, off and on, for that length of time."
“Do you wish to convey the impression that you have worked for the P., T. & X. for seven years without reward?" asked the attorney.
"Absolutely without reward,” the witness answered, calmly. "For seven years, off and on, I've tried to open the windows in the P., T. & X. cars, and never once have I succeeded."
In trying a case before a jury, never be trivial. Do not bandy jibes, no matter how witty you may know yourself to be in repartee. The jury, and even the court, may laugh; but they are not impressed, and you have not helped your case, and you are there to win your case. As in your argument, so in your examination of witnesses, keep to the point.
It sometimes becomes necessary for an attorney to assert his rights and privileges to the judge himself. Do not shrink from it. It is your duty to your client, your profession, and the cause of justice. Never cringe to a court. Never cringe to any one. He will despise you for it, and properly so. Remember the dignity of your profession. Erskine, in his first case, rebuked a prejudiced and perhaps an unjust judge with such vigor that England rang with it. :
Cultivate lucidity of style. You will do that at some risk at first. When a young lawyer is extremely clear, he is apt to be regarded as not deep. Abstruseness in expression is very frequently regarded as an indication of great depth. Nevertheless, persist in a clear and simple style. Make the statement of your cause and the argument in support of your propositions so lucid and plain that the judge or jury will say: "Why, of course, that is so. What is the use of the young man stating that?"
-Senator Albert J. Beveridge.
Judge John D. Lawson, Dean of the School of Law of the University of Missouri aud Editor of the American Law Review, is now spending a few months in Europe, having sailed with Mrs. Lawson from New York City for the Mediterranean region on the 29th of last January. Judge Lawson goes as a representative of the American Institute of Criminal Law and Anthropology, and is charged with the duty of making an investigation, on behalf of the Institute, into the criminal procedure of England. The result of his investigations along this line will be embodied, so we are informed, in a report to be submitted by him to the Institute at its next annual meeting. The results of this mission ought to bear some fruit, and we trust that the efforts that are being directed towards the reform of criminal procedure in this country by the Institute abore 'referred to will be effectual.
During the absence of Judge Lawson from the Missouri Law School, the duties of the deanship have fallen upon Professor E. W. Hinton, who is now acting dean, while Judge Lawson's classroom work has been assumed by Mr. J. P. McBaine, of the local bar, of Columbia, Mo. Professor McBaine grad. uated from the Law School of Columbia l'niversity, New York, in 1904, and since then has practiced law in the city of St. Louis, Mo., and also in Columbia, Mo. Before go. ing to Columbia University he graduated from Missouri University and also from the Law School of the same University.