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Independently of these, there are law Previous to the Louisiana Constitution schools, however, whose only require- of 1898, our examining committee was ment of the student is the payment of the appointed by the Supreme Court annualnecessary fees. Recently a graduate of ly, and always of new men, reappointone of these appeared before one of our ments not being favored except at long board of examiners, and his entire igno- intervals. During the course of about rance of law was only equalled by his fifteen years, I had the honor of being scant knowledge of correct English and appointed on three different committees, the rules of grammar. And yet he had but I must say as to them, and I presume a diploma and a degree, which of itself it was equally true of the others, there in some states would have entitled him was no uniformity of system or method to be enrolled as a member of our pro- of examination. fession.
Soon after the adjournment of the I would like to see a uniform law in American Bar Association last year, I operation throughout this country, re- endeavored to arrange for a joint meetquiring all law schools to have as near as ing of the Association of American Law may be a uniform course of study, a uni- Schools and of the section, but was unform time of study and uniform require- able for want of encouragement to acments for graduation, and another uni- complish anything in that line. I suggest form law that a law school diploma the appointment of a committee of the should give to the holder no rights ex- section to consider the advisability of one cept to entitle him to an examination for joint meeting next year with the Assoadmission to the bar by the board of ex- ciation of Law Schools, with the comaminers in the state where the law school mittee of legal education of the associahas its domicile.
tion, and with the state boards of law Every candidate for admission to the examiners if a conference thereof is to bar should be a citizen of the United be held next year as I hope it may be. States, for who else can conscientiously The course of our secretary in invittake the oath to support the Constitution ing justices of the highest courts of each except a citizen? If a foreigner resides state, representatives of law schools, in this country, and desires to remain a whether belonging to the association or foreigner, do not let him have the rights not, and boards of law examiners to atthat alone belong to those owing alle- tend and take part in our meetings, giance to our flag.
should be continued, for I believe that in I regret that the efforts to have an an- a very short time they will appreciate the nual conference of state boards of law importance of our work and be glad to examiners was not successful, because I assist in it by their presence and counfind from the records that there was but sel. one meeting, that of 1904 at St. Louis, We have now in Louisiana a very for I believe that if such conferences are stringent criminal statute against any one held annually, and all or many of the practicing as a lawyer who has not been states are represented, that more would admitted to the bar. This, however, was be done in a practical way for the cause not in existence in my early days; otherof legal education than in any other way. wise my career might have been someCertainly only through such meetings can what modified, and perhaps to my benthere be any uniformity of examinations. efit.
There is one very good provision to ed, study longer, and do not be in haste the Louisiana law which prohibits any to become a member of the bar. student from coming up for a second examination where he has before failed unless he has studied again for six months. A paper entitled “Requirements for These six months ought to be extended Admission to the Bar in Great Britain to one year, and ought to be surrounded and Her Possessions and on the Contiby such safeguards as to make it a cer- nent of Europe," written by Edward S. tainty that the required time has been Cox-Sinclair, Barrister at Law, London, spent properly, in earnest study, either England, was read by Henry H. Ingerin a law school or an office.
soll of Tennessee. With these few desultory remarks, I The paper prepared by Andrew Mcmust close this very imperfect address, Master, Advocate, Montreal, Canada, enand my parting word of advice to law titled "Regulations Governing Admisstudents is: Go to a law school, take the sion to the Bar in the Province of Quefull three-year course, study in an office bec, Canada," was read by Charles Duin the meantime, watch the actual trial chane of Louisiana. of cases, and whether you are required
On recommendation of the Committee to do so or not take an examination be- on Nominations, George M. Sharp of fore your state board before feeling that Maryland was elected Chairman, and you have finished the study of law, and, Charles M. Hepburn of Indiana was if you find at the end of three years that elected Secretary of the Section for the you are not fully equipped and inform- ensuing year.
A Statement by James Parker Hall
N THE last number of the American of books by subscription, to edit a twelve
Law School Review (May, 1910) ap- volume legal work, treating the principears an article upon "Law Instruc- pal branches of private law in a clear, tion in La Salle Extension University.” simple manner, designed to afford an exThe statement in it that the text-books planation of them for the benefit of permade the basis of correspondence work sons not lawyers and to be readily comin law in that institution have been edit- prehensible to those reading without ed by me requires an explanation, not professional guidance. The work was only in justice to myself, but to those intended by its projectors to be sold by writers and teachers of law who have subscription principally among clerks, done work for this series of books. bankers, brokers, real estate and insur
About the beginning of 1909 a pro- ance agents, farmers, business men, and posal was made to me by a Chicago pub- other classes of persons generally, who lishing firm, largely engaged in the sale might have an intelligent interest in law either from the standpoint of citizen- practicable to abandon it, without heavy ship or of their special occupations, and financial loss to all concerned, even if it was hoped that it might also be found this could have been done without useful as an elementary reference work breach of contract. by lawyers not having access to large The DeBower-Chapline Company addcollections of books. The subsequent
The subsequented two supplementary volumes to the use of the work for the purpose of pre- work, one containing an index, and the paring students for the actual practice other matter prepared by Mr. James D. of law by correspondence was wholly Andrews upon certain topics not includunthought of. I undertook the editor- ed in the original plan of the work. It ship of such a work, and secured the was understood that there should be no co-operation of a number of teachers in joint editorship, and that Mr. Andrews American law schools, by whom most should have no responsibility for my part of the articles were written. The gen- of the work, nor I for his. The pureral scheme of the work and the de- chasers of the work very properly tailed directions to the writers, which agreed that no representations should were followed by them, carried out the be made that the work was prepared espurpose outlined above, and no other. pecially for correspondence study, or
In May or June, 1909, the original that the editor or writers believed in or publishing firm was dissolved, and the approved of such a method of studying contracts for the publication of the work law as a preparation for actual practice. were assigned to another publishing or- A frank exchange of views upon the ganization, in which a member of the subject of the study of law by corresprior firm had an interest; the work of pondence took place between the presthe writers and editor proceeding as be- ent publishers and myself. They unfore. Near the end of the year 1909 the derstand that I utterly disbelieve in the work was purchased from this concern possibility of adequately training men by the DeBower-Chapline Company, of by correspondence study for the pracChicago, a publishing corporation whose tice of law, and that I have expressed principal stockholders were also largely and shall continue to express this opininterested in the La Salle Extension ion, both publicly and in official corresUniversity, which gives courses in a con- pondence. This view I believe to be siderable number of subjects by corro- shared by most of the writers associated spondence, among them law, both for with me in the preparation of these volpurposes of business and of practice. umes, and, had the work at the outset At this time substantially all of the ar- been designed for correspondence study ticles for the work were written, most of this character, many of the present of the editing had been done, and about contributors to it could not have been half of the work was actually in type. secured. What is here said of course There was nothing in the contracts with has no reference to such instruction for either the editor or the writers of the
purposes of business or citizenship, but work that restrained the publishers from only to it as a method of preparing lawusing the work for any purpose for yers for practice. which purchasers could be found, or This statement is made to correct any from selling the copyright outright, if possible erroneous inferences from the they saw fit; and the work was so far connection with the work of either its advanced at this time that it was not contributors or editor.
$2,000 in Gold for Prize Essay
HE American Philosophical Society held at Philadelphia for Promoting Use
Phillips Prize will be made during the year 1912; essays for the same to be in the possession of the Society before the first day of January, 1912. The subject upon which essays are to be furnished by competitors is: The Treaty-Making Power of the United States and the Methods of Its Enforcement as Affecting the Police Powers of the States.
The essay shall contain not more than one hundred thousand words, excluding notes. Such notes, if any, should be kept separate as an Appendix.
The Prize for the crowned essay will be $2,000 (two thousand dollars) lawful gold coin of the United States, to be paid as soon as may be after the award. The Society invites attention to the following regulations governing the Prize:
RULES AND REGULATIONS Competitors for the prize shall affix to their essays some motto or name (not the proper name of the author, however), and when the essay is forwarded to the Society it shall be accompanied by a sealed envelope, containing within the proper name of the author, and on the outside thereof the motto or name adopted for the essay.
At a stated meeting of the Society all essays received up to January 1, 1912, will be referred to a Committee of Judges, to consist of five persons, who shall be selected by the Society from nomination of ten persons made by the Standing Committee on the Henry M. Phillips Prize Essay Fund.
Essays may be written in English, French, German, Dutch, Italian, Spanish or Latin; but, if in any language except English, must be accompanied by an English translation of the same.
No treatise or essay shall be entitled to compete for the prize that has been already published or printed, or for which the author has received already any prize, profit, or honor, of any nature whatsoever.
All essays must be type-written on one side of the paper only.
The literary property of such essays shall be in their authors, subject to the right of the Society to publish the crowned essay in its Transactions or Proceedings.
JAMES T. MITCHELL,
Committee on the
Henry M. Phillips
Prize Essay Fund W. W. KEEN, President of the Society, H. LABARRE JAYNE, Treasurer of the Ex-officiis,
The essays must be sent, addressed to the President of the American Philosophical Society, No. 104 South Fifth Street, Philadelphia.
THE HENRY M. PHILLIPS PRIZE ESSAY FUND. This Fund was presented to the American Philosophical Society held at Philadelphia for Promoting Useful Knowledge by Miss Emily Phillips, of Philadelphia, in honor of her brother, Honorable Henry M. Phillips, who was a member of the Society.
Notes and Personals
John K. M. Ewing, of the New York bar, 60 Wall St., New York City, has created a new system of conducting trials in the Moot Court of Law Schools. Speaking of the System, Mr. Ewing says:
“This is a new system to be used in the trial of cases in the Moot Court of law schools. Under the system now in vogue in most of the law schools of the country, a statement of all the facts of the case is supplied both the attorneys for the plaintiff and defendant, with the result that each side is thoroughly familiar with the details of the opponent's case. They are completely apprised in advance of all the difficulties with which they have to contend, and are therefore enabled to so shape their own evidence and the testimony of their own witnesses to such an extent that the outcome of a trial depends solely upon the caliber of the particular attorney's imagination, all of which is totally at variance with the conditions met in a court of law. At no time in the real prosecution of a case does the attorney for the plaintiff or defendant know perfectly beforehand the case against him; it is only the general proposition that he can have any knowledge of.
"Learning his opponent's case bit by bit, by questions and answers, appreciating when to interrupt and object as the case unfolds, noting in passing what facts are to be controverted, what facts are to be overlooked, marshaling his own witnesses, and bringing out by a series of pertinent questions the material facts of the case, is the real experience of the attorney in a trial of a case. It is this atmosphere and these surroundings from which the most valuable experience can be secured, and this system is designed to conform as nearly as possible to the actual conditions met with in a trial of a case in our courts.
“In the working of the system it is contemplated, but not necessarily requisite, that all the members of the school will take part in the proceedings of the court, and by these means actually experience, and become more familiar with, the handling of a case at a trial. The senior classes will in all cases be the attorneys of record, the members of the junior classes the witnesses in the case, and the freshmen or the lower classes serve as jurors. The 'facts' of each case, all of the evidence and *knowledge of the witnesses,' are printed on separate sheets of paper, bound together in the form of a tablet, and are to be given only to those persons designated as the proper parties to receive them.
"For instance, on sheets of paper marked 'For the Plaintiff's Attorney' are printed the names of the parties in the case, all of the facts known to the plaintiff, a list of plaintiff's witnesses, and an outline of their testimony, and in regular form all the papers which may be offered in evidence by the plaintiff.
“On succeeding sheets of paper inarked For the Defendant's Attorney' are printed the names of the parties, all of the facts of the case known to the defendant, a list of the de. fendant's witnesses, and an outline of their testimony, and in regular form all the papers which may be used as evidence by the defendant.
“Both the attorneys for the plaintiff and detendant should be instructed to detach from
the sheets of paper supplied them the exhibits, in order that the same may be offered separately in evidence and indentified by witnesses from the marks on the margin.
"On succeeding and separate sheets of paper, each of which is marked for the various witnesses, are printed in sufficient detail all the facts of which that particular witness has any knowledge, with directions thereon to the witness in regard to the disclosing of the facts stated therein.
"The actual workings of the system will be as follows:
"The judge presiding at the Moot Court will assign those students who are to act as attorneys, and note their names upon a memorandum supplied for that purpose. He will then tear from the tablet all those papers marked 'For the Plaintiff's Attorney' and give them to the individual designated. He will then do the same in regard to the individual designated as defendant's attorney. He will next indicate those students who are to act as witnesses, note their names upon the same memorandum, tear from the tablet the sheets marked for the various witnesses, and give them to the individuals designated.
"The attorneys in each case must then proceed with all the necessary preliminary steps, bringing the matter to trial. The jury will be chosen in due form, and all the preparations made, according to the Code provisions in effect in the particular locality. The plaintiff's attorney will then proceed with his case, calling as many of his witnesses as he cares to and in any order he thinks best; he may or not, as he chooses, offer in evidence the various exhibits. The defendant's attorney will then present his defense. Both attorneys may, of course, make the usual objections and motions, and the same must be passed upon by the trial judge, and a final disposition made of the case as in the regular practice.
“An appellate court is optional, depending upon the extent to which the system is developed in the various schools.
"As far as possible in each case. a short ontline or history of the real case after which the particular case is modeled will accompany the papers, from which, by comparison at the close of the trial, the student attorneys may learn wherein their case was won or lost.
"The success or failure of this system will depend to a very great extent upon the degree of interest and enthusiastic co-operation exercised by those students taking the part of the witnesses, and it should therefore be urged upon them, and they should be in some measure required, to be thoroughly familiar with all the details supplied them in their memorandum, so that, in answering the various questions put to them, they will not be at a loss for an answer, or make a misstatement of facts.
“Approximately one hundred of these cases will be prepared. modeled after reported cases, each one of which will have as its main or turning point the application of a settled proposition of law. Suggestions are invited, to the end that improvements may be made in the preparation of these cases."
The phrase "The Army Service Schools" is the official title for the military university at Ft. Leavenworth, Kansas, which com