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prises several military schools, each having a special purpose of its own to accomplish, and all having for their general object the production of a body of trained officers second to none in any army of the world.
Two of these schools, known as “The Army School of the Line" and "The Army Staff College," are intercorrelated, and form, in the order named, stepping-stones to "The Army War College" at Washington, D. C., beyond which lies the way to the General Staff.
The object of these two schools is to train the line officer, the commander of the troops which do the actual fighting in time of war, so that, whether the conditions of peace or war confront him, he will possess the necessary technical knowledge and practice to enable him to solve the varied problems involved.
These two schools are conducted along competitive lines, to enable the government, by the only method available in time of peace, to determine from among those who attend the schools who are the best.
• This is accomplished in the "Line School" by a system of examination and marks, and by a carefully digested system of recommendations by the Academic Board in the "Staff College.” Only those officers of last year's "Line School” who stood No. 22 or better are allowed to remain for the present year's “Staff College" course. There are at present thirty-three officers of the rank of captain in the "Line School,” twenty-two of whom, if they so elect, will constitute next year's "Staff Class," and twenty officers of the rank of captain in the “Staff College."
The study of law is taken up during the “Line Class” year. The class is taken through as thorough a course in Elementary Law, Criminal Law, and Evidence as the time at its disposal will permit. The course is conducted by means of conferences, in which the instructor makes every effort to elucidate and explain the principles involved and to illustrate them by means of cases. The members of the class are at liberty to question the instructor, or to ask him to discuss any point that is not clear to them. Especial attention is paid during the conferences, to applying these principles to the everyday life of the military man. No marks are given during the conferences to any answers given by the members of the class to any questions asked by the instructor. At the end of each subject, the class is examined in the subject. The examination questions are practical, and are designed to test the student's ability to apply principles to a given state of facts, rather than to test his memory of what he has learned from the books.
After this part of the course is finished, and the class is well founded in the law studied, the members are given three sets of five problems each and two sets of moot court situations of six situations each. The
problems are liable to consist of anything in the way of military law or military administration that might confront the class in their daily lives as military men. They are given no preparation for these, but are allowed to consult any books which would be ordinarily available at a military post. The moot court situations consist of problems connected with the administration of military justice on courts-martial. The class is organized into courts-martial, but required to write their decisions on each point presented and to turn their papers in for marking. The same rules as to consulting books apply as in the case of practical problems.
The Staff Class law course subjects are Constitutional Law and Military Government and Martial Law.
The study of Constitutional Law is especially designed to give the officers an accurate idea of the rights of person and property under our form of government, in order that they may the better steer a safe and yet a bold and confident course when confronted with such matters under a martial law or a military government régime. This course is essentially a preparation for the study of Military Government and Martial Law which follows it.
The members of the class are expected to bring up their own ideas on any point that comes up in the course of the conferences and to present them for the whole class to discuss.
The study of the case law is taken up systematically in the Staff College in both the courses in Constitutional Law and in Mili. tary Government and Martial Law, The members of the class are assigned leading cases each day and are required at the next conference to explain and discuss the case in the presence of the class for the benefit of all,
A thesis is required of each member of the Staff Class before graduation. A military legal subject is selected—something of practical benefit, if possible. Numbers of these have been published in the Service Journals for the benefit of the Army at large. Original thought is given great stress in the preparation of these papers, and the members of the class expect their recommendations at the end of the school year to show the results of efforts along these lines.
Each year selected cases on subjects of interest to the military profession at large are written up, under the direction of the Department of Law, by the members of the Staff Class, printed in pamphlet form, and issued to the Army.
John Stuart Mill declared that "there is hardly any kind of intellectual work which so much needs to be done, not only by apt and experienced minds, but by minds trained to the task through long, laborious study, as
the business of drafting written laws." The Legislative Drafting Association, organized this summer under the laws of New York as a non-dividend paying corporation, has a fund of $20,000 a year for five years with which to demonstrate the value of scientific investigation in the preparation of legislative bills. So extensive is the field of service and so numerous are the instrumentalities existing to advance American legislation in one way or another, the Drafting Association proposes to work very quietly, in the hope that, by so doing, it may fit its investigators to assume some technical leadership in some of the legislative problems. The main idea of the Drafting Association is the advance ment of that branch of legal research which has to do with the rewriting of statute law to meet the changing economic and social conditions of to-day. The writing of statutes in precise language involves the historical and comparative study of law and administration, and this to a most painstaking degree. While medicine, biology, astronomy, and other fields of learning have had institutions equipped for some time to do research work, the Drafting Association is the first organization established exclusively to undertake legal research. The corporate purposes of the Association were stated to be:
(1) To promote precision and uniformity in the written law, and to render technical aid to the advancement of the legislation which best conforms to the needs of the American people.
(2) To collect, analyze, and index existing laws, American and foreign, with a view to making them more accessible and intelligible to students, lawyers, legislators, and others concerned in the orderly development and administration of the law.
(3) To collect, classify, and interpret information in respect to the operation of the law.
(4) To collect, index, and co-ordinate administrative regulations and ordinances, American and foreign, and to index-digest and interpret administrative rulings.
(5) To report, publish, and make available to individuals and associations interested in the improvement of legislation the data collected, including the publication of a periodical review of comparative legislation and international law.
(6) To encourage researches and practices tending to the development and application of method and form in the drafting of written law and of sound canons in its interpretation.
(7) To furnish instruction in research to students of law and of the other social sciences by maintaining a laboratory of legislation and administration.
ous disease, that is constantly annoying him and making him nervous, impatient, and petulant, cannot do justice to his profession. Therefore I admonish you to take good care of your health. I congratulate you all upon your personal appearance. You seem to be strong, vigorous, healthy men, capable of great endurance. Having it in mind to make this suggestion, I took a careful survey of you as you came on this platform this evening, and was pleased with my observations. You have no idea now what a great blessing you enjoy in this respect, but you will have long before you reach my age. Study constantly how you can preserve this advantage. Many suggestions might be made, but I content myself with mentioning proper exercise, and that you be careful what you eat and very careful what you drink.
Another thought came into my mind as I saw you come upon this stage. You not only want a good, sound body, but you want to attire it properly. To be a worthy member of the legal profession is to be a prominent man in the community. You are expected to appear daily in the courts, and on all kinds of occasions, before public meetings, or popular assemblages. No man who does this can afford to be indifferent or careless about his apparel. A man who dresses slovenly will make a slovenly impression on all who see him. I don't mean that you should dress foppishly, or that you should dress extravagantly, much less that you should dress beyond your means, but that you should take care to be neat and genteel in your personal appearance. Remember always that you are lawyers, members of the legal profession, and that as such you have a responsibility that cannot be discharged unless you have and maintain the respect of those with whom and for whom you are to transact business. You perhaps may not think this suggestion important, but in due time you will find that how you dress will have no small influence on your career.
A man must not only have a sound mind in a sound body, and be thoroughly educated and trained, but he must also have integrity if he would succeed at the bar. His word must be literally as good as his bond; not only as good as his bond to his brother lawyers with whom he practices, but as good as his bond to the court in which he practices and to the jury at whose hands he will ask a verdict. There are some men in the legal profession who do not have a good reputation in this respect, but fortunately there are not many of them. The great majority of lawyers live up to as high a standard of integrity as any class of men in this country. I know this is not the popular belief. A good many anecdotes have been told indicating that it is not. I heard one recently, based on what was said to have occurred in one of our county-seat towns
No man can be a good lawyer and attain the highest possible success unless he have a sound body. A man who is afflicted with indigestion, insomnia, or some other pestifer
where they commenced excavating for a new With the removal of the Department of courthouse. One of the leading lawyers of Jurisprudence into the new $150,000 Boalt the place was observed standing by looking Hall of Law this term, the University of at the work. A wag called attention to him California will take a great step toward and remarked: "He is looking at the place making the law department one of the forewhere he will shortly lie." Another story most institutions of legal learning in the illustrating the same idea is told of an Irish- country. The department is under the head man who, passing through a cemetery, read of Professor William Carey Jones, who is on one of the tombstones: "Here lies a law. known as “the father of the Berkeley charyer and an honest man." Scratching his ter." The University of California ranks head and studying a moment, Pat inquired: among the half dozen leading institutions of "What the divil did they put two men in learning in the United States, and it is the the same hole for?"
intention of the authorities to place the DeThese stories, and a thousand others like partment of Jurisprudence on a plane that thein, that might be told, are based on a will command the attention of students and mistaken view of the legal profession; for, professional throughout the United as I have already remarked, the overwhelm- States. The department will, according to ing majority of this profession always have an announcement made by the university aubeen, are now, and probably always will be, thorities, occupy the new building in Janu. free from criticism of such character. The ary. very opposite is true. I do not know of any- Boalt Hall of Law, which conforms in thing more unfortunate for a young man style of architecture to the Phæbe A. Hearst just entering upon the practice of the law plans for a Greater University, was made than for him, justly or unjustly, to get the possible through a gift of $100,000 from Mrs. reputation of being capable of evasion, du- Elizabeth Boalt. In addition to this amount plicity, subterfuge, or any kind of trickery. $50,000 has been subscribed by attorneys A man who is thus unfortunate will shortly and judges in various parts of California. find that for any temporary advantage he The Department of Jurisprudence will, when may have secured he will have to pay a housed in this new building, be one of the heavy penalty, for he will find himself un- most complete in the university. The ender the suspicion and surveillance of those tire law library will be transferred to the whose confidence and esteem he should most building, and studies will be available for highly appreciate.
members of the teaching staff. There will be a spacious club room for students taking
the course in jurisprudence, and ample class One word more about your case. When rooms will be provided. you are retained, your first duty is to thor- Special attention has been given the law oughly investigate. Whether you regard societies and the moot court, and rooms have your case as good or doubtful, you should been reserved for each department. It is then make an honest effort, if the circum- the desire of the university authorities to stances permit it, to adjust it without a suit. make Boalt Hall of Law the center of the The lawyer who does business in his office life of all the students preparing tu enter may not attract attention, and certainly can- the legal profession. not in a spectacular way make a reputation; The faculty of the Department of Jurisbut he can many times serve his client bet- prudence has been greatly increased this ter by quietly bringing parties into an agree- term, and now has nearly a score of profesment and bringing about an adjustment of sors, assistant professors, instructors, and differences than by launching a litigation lecturers. Notable among the appointments that may continue for years before it is final- for the coming semester is that of William ly ended. It has been said that a bad com- Edward Colby, a specialist in Mining Law, promise is better than a good lawsuit. That who is now preparing a “History of the Oriis not always true. But it is true in many gin, Growth, and Development of American instances-better for your client and better Mining Law" for the Carnegie Institution, for you in the long reach of time.
of Washington, D. C. rate, you will feel freer to fight after hav- Among others of the recent appointees to ing made an honest effort to settle. The the department are Farnham P. Griffiths, lawyer who acquires a reputation for ad- who recently received his degree of Bachelor justing differences and bringing about an of Law at Oxford University; Lester H. Jaagreement and compromise and settlement cobs, a prominent member of the San Franwill be respected by both bench and bar, sisco bar; and Roger W. Cooley, a prominent and be patronized by the best classes of busi- attorney and noted legal educator. ness men, who have no time for attendance William Carey Jones, head of the departat the courthouse, and who do not want their ment, will for the first time give a course feelings rasped by the friction and strife in the Law of Municipal Corporations. For of lawsuits.
a number of years he has made a special -Irom the address of Hon. J. B. Foraker, study of this subject. He was one of the
Commencement Exercises Y. M. C. A. foremost members of the freeholders that Night Law School, Cincinnati, Ohio. framed the new Berkeley charter, being president of the board, and he has been frequent- New York, it is true, holds out great oply consulted by charter conventions.
portunities; but how tragic is the proporThe Department of Jurisprudence at the tion of those who fail to get in touch with University of California aims to give a thor- these opportunities, compared with those ough legal training. A three years' profes- who succeed. Year after year the most brilsional curriculum has been organized, lead- liant graduates of the greatest law schools ing to the degree of Doctor of Law. Only of the country are pouring into the metropograduates or students who have had three lis, streaming into the big law offices, eager, years of college work are admitted as regu- ambitious, capable, well trained; and yet lar students, candidates for the degree. those who succeed are conspicuously few.
Besides the technical courses in law, cours- Had these men gone back to their homes, es of historical and theoretical character are or to some place where competition and conoffered for their general educational value. gestion were not so great, how much better Several courses are likewise given to meet chances they would have had, not only to the needs of students in the College of Com- secure a lucrative practice, but to enjoy that merce. A valuable Law Library is acces- place in the community which is peculiarly sible to the students. It contains the Federal the lawyer's. New York is a catacomb for Reports, the more important State Reports, the ambitions of many brilliant lawyers, the national Reporter System, embracing all lured there by the false music of high fees the recent State Reports, a large number and big interests and unlimited opportunities. of text-books, works of reference, and legal Is it not, then, wise for the law student periodicals, American and foreign.
who is about to enter his profession in a New York office, to become a mere part of the machinery, one sheep in a vast office
flock, to weigh things carefully? For the Much notice has been directed lately to Southern man, anyway, the South is the the high figures some American lawyers are place-in law, as well as in any other procommanding for their services. According fession or business. The air is freer in the to a statement published a short time ago, South, the way clearer, and the opportunity "the greatest legal fees ever paid are classi- very much greater. fied thus: John B. Stanchfield, for defending –Virginia Law Register. F. A. Heinze, $800,000, the largest fee ever received in a criminal case; Samuel Untermyer, in the Boston and Utah copper merger, $800,000 (part in stock); James B. Dill, for The Law School of the University of Pennsettling the affairs of the Carnegie Steel Com- sylvania has made no changes in its teaching pany, $1,000,000; William Nelson Cromwell, force, excepting that Professor George WharPanama Canal sale, $700,000.”
ton Pepper, one of the nonresident profesAll of these are New York lawyers, a fact sors, who has been reducing his work at the which suggests the truth that some of the school during the last five years, has ceased best work done in these particular cases was
to give the one hour course on Corporations done, doubtless, by men who did not receive
offered last year. The Dean, Dr. William anything extra for it, but had to satisfy them- "Draper Lewis, takes up this work of Professelves with their paltry $20 the week as law sor Pepper in connection with the course on clerks in the city of New York, where living Corporations and Partnerships previously expenses are so high and the strain of busi. given by Dr. Lewis. ness life so great. Of course, in every busi- Several additions have been made to the ness, there is work to be done by subordi- auxiliary teaching force. Mr. B. Franklin nates that is indispensable to the completed Pepper offers a course on Life Insurance, transaction; but it is routine work, mechan- Mr. Alden I, Rosbrook lectures on the Trial ical, and calling for no special talent nor of Causes, and Mr. John F. Lewis lectures ability.
on Admiralty Law. The total number of In the case of the law clerk it is differ- auxiliary hours offered during the present ent. Hoping through the years that he may year is one hundred and thirty. The auxiliget "his chance," he struggles along on a ary lectures are a peculiar feature of the mere pittance, giving his education, his train- Law School of the University of Pennsyling, his brain, undergoing a fierce grind, vania, and perhaps need some explanation. rarely receiving more than $25 a week. It Each year the University arranges for a is his ability for research, his learning in the series of lectures by members of the bench law, his initiative, his originality, that pro- and bar on various topics, some practical, vides the backbone for the brief of the great others historical. For instance, this year the lawyer, who pockets the proceeds. Some list includes such subjects as Bankruptcy, of the really best lawyers in New rk to- Admiralty Law, Conveyancing, Patents, day have grown gray in mere clerkships, Mines and Mining, Legal Biography, and are men who have hoped and hoped through Sources of English Law. These lectures all the years for advancement, bitterly real- form no part of the regular course. The izing that they were giving the best of their students do little or no outside work in these body and brains to a thankless task.
courses, but merely attend and take notes.
The object is to afford, not training, but information by acknowledged experts on legal matters outside the regular courses. At the beginning of the year, each student elects the auxiliary courses which he desires to attend during the year. Each student is required to elect and attend at least fifty hours in these courses before he is graduated. The case system, used in the regular courses, provides the student with the fundamental principles of law, and affords him training in legal forms and thought; but, because of the intensive character of the work, it is impossible to cover a large number of subjects in the three years. The auxiliary courses are intended to offset this deficiency.
the new dean entered upon the discharge of his duties on August 23d of this year.
The varied experiences of Mr. Bates have made of him the rather rare combination of a practical man of affairs and a teacher with high scholarly and educational ideals. All friends of the Law Department may feel sure that under his leadership the fine traditions of the school will be preserved, and that all improvements in the technical and scholarly phases of law school administration coming from any source whatsoever will be accepted and used to advance the highest interests of legal education.
At the July meeting of the Board of Regents of the University of Michigan Henry Moore Bates was elected to the deanship of the Department of Law left vacant by the appointment of Dean Hutchins to the presidency of the University. Mr. Bates was born in Chicago in 1869, and received his preliminary training in Chicago schools. In 1890 he was graduated, with the degree of Ph, B., from the University of Michigan, and in 1892 received his LL. B. from the Law School of Northwestern University. He began his professional career in Chicago in the law offices of Williams, Holt & Wheeler, and later was for one year with Norton, Burley & Howell. He served as Assistant Librarian of Chicago Law Institute from 1895 to 1898. He left this position to enter the office of John Maynard Harlan as a quasi partner, a relation which was soon changed to a full partnership in the firm of Harlan & Bates. During these years his alma mater had been making efforts to bring him back to her service, offering him successively an instruct-' orship in European History, an instructorship in American History, and an assistant professorship in Law. When the place left vacant by the withdrawal of Professor Me. chem from the Law Faculty was offered to Mr. Bates in 1903, he accepted it, and performed with great credit to himself the duties of this position until February 1, 1910. At this time he offered his resignation to the Regents, in order to enter into the partnership of Robson, Bates & George, in Detroit. This resignation was tabled by the Regents until a new president should be appointed for the University. When Dean Hutchins was finally persuaded to accept the presidency, the Board of Regents turned to Mr. Bates as his most suitable successor as Dean of the Law Department, and in spite of the entangling business alliance made by Mr. Bates, who had already taken up the business of the new firm, the Regents unanimously elected him to the vacant deanship. Luckily for the Law Department, Messrs. Robson and George kindly yielded their claims in favor of the University, and
The College of Law of the University of Southern California commenced its work September 20th. The students are still enrolling, and reports show that the enrollment for 1910–11 will exceed 400. This makes it one of the largest Law Schools of the country. In five years its enrollment has increased from 61 to 333 at the close of 1909. There have been some important changes in the faculty; the addition of Judge Houser, of the Superior Court, Carlos P. Hardy, of Chicago, Charles C. Montgomery, formerly of Creighton College, Nebraska, and Arthur P. Will, formerly of New York.
Frank M. Porter, as Dean, and Gavin W. Craig, as Secretary, have been in charge of the school for the past six years. It is with regret that the school recognizes the probability of losing the services of its efficient secretary, Mr. Craig, who was nominated at the August primaries for Judge of the Superior Court. The Republican nomination is supposed to mean election.
The graduate class for the year 1910-11 is now being organized and promises an enrollment larger than that of last year. This is the only school of the West giving the fourth year of study, with the Master's degree.
For the purpose of encouraging interest in debate and public speaking, this school last year paid the expenses of debating teams from two Eastern Universities to Los Angeles. These debates were a great success. The school is planning two debates for the coming year, one to be held at Los Angeles with an Eastern team, and one in the East.
The Illinois College of Law, at Chicago, opened its fall term September 6th, with a large attendance and bright prospects for a prosperous year. This is the fourteenth year of the school, and in that time it has gradu. ated nearly one thousand students, who are practicing in nearly every state of the Union. The degree of LL. B. is conferred only upon persons who have attained at least a high school education, and have taken three years' resident work in the school, or its equivalent. The J. D. degree is conferred upon those