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If the fifth article were in force among us, few of our district judges would be at present on the bench:
"If a judge try a case, reach a decision and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall be sit there to render judgment.”
him so of malice, for may be not well have been deceived by the plaintiff's appearance?
I am far, very far, from being satisfied that the defendant maliciously called the plaintiff what he did eventually call him. His conduct was very probably the result of sincere belief, and-if I may venture to use the words of a poet, whom I, perhaps, should not name
And gentle wishes long subdued,
Subdued and cherished long! I shall assuredly not disturb the finding of the jury; not, I would say, because I have more than a becoming respect for verdicts, but because, all things considered, I have even less for the plaintiff.
It has been said at the bar that by this decision the plaintiff will lose his character. Well, then, be it so. I can only say, in his own interest, that I sincerely hope he may ; better were it to have no character than his present one.
It has also been pathetically observed that he will be made a beggar; but, when that time has arrived, no one will any longer have any right to say-nor do I say it now-that his property consists of money which he has dishonestly come by.
The defendant must have judgment, with costs if he can get them.
In Clark's Criminal Procedure the following story is given as a note to the rule regarding the consent of the court to the entry of a nolle prosequi (page 136):
The following is related of Sir John Holt, chief justice of the King's bench in the reign of William and Anne:
There were some persons in London who pretended the power of foretelling future events; and who were called the “French prophets. Holt having, upon occasion, committed one of these to prison, a disciple of his came to the chief justice's house, and desired to see him. On being admitted, he said: “I come from the Lord, who bade me desire thee to grant a nolle prosequi for John Atkins, his servant, whom thou hast thrown into prison." "Thou are a false prophet and lying knave,” returned the chief justice. "If the Lord had sent thee, it would have been to the Attorney General; for the Lord knoweth it is not in my power to grant a nolle prosequi." 1 Hill (N. Y.) 405, from 1 Law & Lawy. (Phil. Ed.) 293.
Another article provides that when a person was accused of a crime, if he sank when thrown into the river, it was an evidence of guilt, and his accuser took the dead man's lands; but if “the river proved that he was not guilty" the accuser was put to death, and the accused seized the other's property. Therefore the Babylonians had a less distorted view of truth and justice than the ancient common-law lawyers, for the latter contended that the guilty man floated, and the innocent one sank! 4 Bl. Comm. 28.
A noteworthy provision is the following: “If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community whose ground and territory and in whose domain it was compensate him for the goods stol
A most equitable rule, it would seem; for the community which is unable to prevent a robbery, and incapable of apprehending the thief after it is committed, should in all justice pay an indemnity to the individual scapegoat of its negligence.
The Chaldean's deep religious sense made this rule possible:
“If any one who has not lost his goods, state that they have been lost, and make false claims; if he claim his goods and amount of injury before God, even though he has not lost them, he shall be fully compensated for all his loss claimed."
It is extremely possible that, for all this temptation, perjury was scarcer then than
"I pondered, weak and weary, Over many a quaint and curious volume of forgotten lore."
-The Raven. From the standpoint of the archæologist, as well as of the lawyer, the find made by M. de Morgan's excavating expedition at Susa, Persia, is of immeasurable interest. We refer to the Code of Hammurabi, the first king of Babylonia, who is supposed to be the contemporary of Abraham. We are told that the collection was promulgated about the year 2250 B. C., nearly a thousand years before the Mosaic Laws. The code, which consists of only two hundred and eighty-two articles (the law students in those days were fortunate, indeed !), is preceded by a eulogistic autobiography, and followed by an equally flattering epilogue. The chief interest to the lawyer is the great resemblance of some of the provisions of the code to our own civil law, and the naive conceptions of justice which tinge every principle there laid down with the unmistakable dye of the ancient Orient.
While the study of this gem of antiquity could be prosecuted with profit and interest, yet space forbids us to pursue any further discussion of it. Domestic relations, the law of merchants, successions, and crimes, are all given their due place in this marvelous compilation; and the Assyriologist could never tire of poring over its yellowed paragraphs. But, in the words of our friend Prospero: "It is a chronicle of day by day
Not a relation for a breakfast.' -Gilbert Cosulich, Tulane University Law
School, Class of 1908.
The American Bar Association has announced that its Thirty-First Annual Meeting will be held at Seattle, Washington, on Tuesday, Wednesday, Thursday, and Friday, August 25, 26, 27, and 28, 1908. The Association has several times received very cordial Law School Faculty-Messrs. R. C. Pugh, C. T. Greve, Eldon R. James.
Alumni-Messrs. Harry Vordenburg, J. C. Harper.
Board of Trustees Cincinnati Law SchoolMessrs. Joseph Wilby, Richard Wald, N. H. Davis.
Senate Committee University of Cincinnati-Prof. T. F. More, Dr. B. K. Rachford, R. C. Pugh.
Bar Association-Messrs. Drausin Wulsin, M. R. Waite, Jacob H. Bromwell.
invitations from the Pacific Coast, and has this year decided to accept the invitation extended by the Washington Bar Association, reinforced by the Bar Associations of Oregon and of Idaho. It is hoped that the move will result in a large accession of membership from the states of the far Northwest and the Pacific Coast states. Details will be announced later in regard to hotel accommodations and railroad arrangements, but an effort is being made to secure a special train from Chicago and St. Paul to go to Seattle by the Canadian Pacific Railroad, with provision for a day or more at Banff and arriving at Seattle two or three days before the meeting. A return train will probably be arranged by way of the Northern Pacific and Yellowstone Park, with the option to members to return by other routes if desired.
The full programme of the meeting has not yet been arranged, but there will be a number of interesting papers and addresses, as well as committee reports. Hon. J. M. Dickinson of Chicago, the President of the Association, will deliver the President's Address, discussing the noteworthy legislation during the preceeding year.
Elaborate preparations are under way for the celebration on June 5th of the seventyfifth anniversary of the Cincinnati Law School. At the conclusion of the present academic year the institution will have completed the seventy-fifth year of its existence, making it the third in the country in the order of seniority. The Cincinnati Law School was the first institution of its kind west of the Alleghanies. It was established early in 1833, beginning its first term on October 18th of that year.
The celebration will be of national importance. A joint committee representing the University of Cincinnati, the Cincinnati Law School, the Alumni Association, Hamilton County Bar Association, and the legal profession generally, have the matter in charge. The celebration will take the form of a meeting at the Scottish Rite Cathedral, and a dinner in the evening.
Invitations to participate will be sent to over 100 law schools throughout the country.
Among a number of others the following will make addresses in the afternoon and evening: Dean James Barr Ames, of the Harvard Law School; Dean George W. Kirchwey, of the Columbia Law School, New York; Jacob M. Dickinson, President of the American Bar Association; Edward Terry Sanford, Assistant Attorney General of the United States; Dean W. P. Rogers, of the Cincinnati Law School, and President Charles W. Dabney, of the Cincinnati University. A feature will be the conferring of a number of honorary degrees.
The following committees were appointed by the various institutions as members of the general committee on celebration:
Alfred F. Sears, Jr., dean of the University of Oregon Law School, died of apoplexy August 25, 1907. The following Memorial Resolutions were adopted by the Circuit Court and Bar of Multnomah County, Oregon:
"Alfred F. Sears, Jr., was born September 4, 1852, in Concord, N. C., where his parents, citizens of Massachusetts, were temporarily residing. He was educated in New England, preparing at Phillips Academy, Exeter, N. H., for Harvard College, which he entered in 1871, in the class of 1875., Remaining here but a few months, he went to Dartmouth College, where he completed the course, graduating in the class of 1875. Choosing the law for a profession, he entered the law office of Brown & Alger, in Boston, Mass., and took the law course at Boston University, graduating in the class of 1877.
“He was admitted to the bar in Massachusetts, but practiced little before he came to Portland, Or., in the fall of 1879, spending considerable of the intervening time in travel.
"In a short time after reaching Portland he had gained a reputation as an elegant and forceful speaker, and was much sought after as a speaker in political campaigns and as counsel in the trial of jury cases. His scholarly and judicial mind was recognized by his election, in June, 1896, to a seat on the bench of the Circuit Court of the state of Oregon for Multnomah county, which position, by the votes of the people of the county, he held continuously to the day of his death, August 25, 1907.
“Of a literary turn of mind, and with an excellent knowledge of the fundamental principles of law, and an aptitude in applying those principles to facts, he wrote many articles for law publications and for many years occupied a chair in the Law School of the University of Oregon. It may well be said that few, if any, of his contemporaries in the state equaled him in the niceties of legal erudition, and none surpassed him. Courteous in manner and at heart towards all, at all times dignified in his bearing, performing his duties on the bench with impartiality and distinguished ability, he gained and retained the esteem and confidence of the community to such an extent that it was often said that he would be a most desirable acquisition to the Supreme Court of the state.
“The pride of his aged parents, who survive him, the support of his wife and children, the good citizen, the kind friend, his death is a great loss to us all.
“In remembrance of our duty as citizens and lawyers to commend to the youth of our state the example of a scholarly and upright judge, and to transmit in some proper manner his memory to our successors, we, the members of the bar of Multnomah county, do give this memorial to the virtues of our departed friend, and do request that the foregoing be recorded in the journals of the court over which he so long presided, and that a copy be prepared and sent to his family as a testimonial by his fellow lawyers of a life that should well be a consolation to his wife and parents and an inspiration to his children."
Sharswood's Essay on Professional Ethics is reprinted, as a volume of the American Bar Association series of Reports, in conformity to the action of the Association taken upon recommendation of the Committee on Code of Professional Ethics, at the Thirtieth Annual Meeting, held at Portland, Maine, in August, 1907. The Executive Committee of the Association was of opinion that to print and distribute the work at the present time would prove too heavy a drain upon the resources of the Association, whereupon Messrs. T. & J. W. Johnson Co., the original publishers for Judge Sharswood, and owners of the plates, offered to print a special edition at cost, and our brother Gen. Thomas H. Hubbard, of New York, manifested both his zeal and generosity by personally subscribing the entire amount necessary to print, bind, and distribute the book, modestly requesting that his own name be withheld—a request with which we believe the Association would prefer we should not comply. George Sharswood was born in Philadelphia, July 7, 1810, was graduated Bachelor of Arts by the University of Pennsylvania in 1828, read law in Philadelphia in the office of Joseph R. Ingersoll, at one time American Minister to Great Britian, and was called to the Bar in 1831. From 1850 to 1868, he was professor of law in the University of Pennsylyania, and reorganized its law school, now the Department of Law. For nearly 40 years he served continuously upon the bench, haying in 1845 been appointed a nisi prius judge in Philadelphia, and in 1867 been elected a Justice of the Supreme Court of Pennsylvania, becoming Chief Justice in 1879, and so continuing until the expiration of his term, January 1, 1883. He was the author and editor of many works on professional subjects. He died May 28, 1883. Upon his retirement as Chief Justice, at a testimonial dinner tendered him by the Bar of Philadelphia, the late William Henry Rawle, who was also the orator on behalf of the American Bar at the unveiling of the statue of John Marshall at the Capitol in Washington, addressing the Bar, said:
"If the bar in this state and this city is what it is, a great part of it is owing, I think, to your careful study of a modest little book, which deserves to be printed in letters of gold, written by our distinguished guest of to-night. I mean Sharswood's Professional Ethics."
complished by them in teaching law students how to present the facts of a case, find the law thereon, prepare a theory of a case for office and court use, to present that theory in an office brief, in a pleading, in the trial, on appeal, and how to bring proceedings in error, etc. There are three practice courts in the law school, all of them under the immediate supervision of Prof. Wm. E. Higgins, who devotes the major part of his time to this work.
In the junior year preliminary instruction is first given in the analysis of opinions, and in the preparation of cases for argument. Following this preliminary instruction, court is held under the direction of the member of the faculty in charge. The places of attorneys, clerks, and other court officers are filled in rotation by members of the class. Cases involving statements of fact are assigned. Written briefs are required to be prepared, served upon the opposing attorneys, and submitted to a court composed of two members of the class and the member of the faculty. Written opinions containing a full discussion of the legal questions presented are required to be handed down by the student justices.
The aim of the course of the middle year is to instruct in the preparation of cases before and after they are filed in court. To this end statements of fact are given to the members of the class, in accordance with which trial briefs of the law and of the facts are made, and pleadings at common law, in equity, and under the Code are drawn. Besides this work, a course of lectures is given on instructions to juries and findings of fact. Members of the class are required to draw instructions and findings under direction of the instructor in charge of the course.
The work of the senior year is a continuation of the work of the former two years. The student is taught how to begin and prosecute a case in court, beginning in the justice court. The former difficulty of originating facts in practice courts has been overcome, and all the testimony of complicated cases is placed in the hands of witnesses, who are interviewed by the attorneys assigned. The cases are then begun, prosecuted and determined as in actual practice. Juries are drawn and impaneled, the evidence produced, instructions given, verdicts and judgments rendered as in the courts of Kansas. Following this, appeals and petitions in error are prosecuted in due course to the Supreme Court, where briefs are filed and arguments made as in the Supreme Court of Kansas.
It is this work, first published in 1854, which is now presented as volume 32 of the Re rts of the American Bar Association.Henry St. George Tucker, Chairman of the Committee on Code of Professional Ethics.
Joseph H. Outhwaite, Dean of the Ohio State University Law School, died suddenly of pneumonia December 30, 1907. Mr. Outhwaite was born in Cleveland, Ohio, December 5, 1841. His parents were George Outhwaite and Mary Hodson Outhwaite. His family shortly moved to Zanesville, Ohio, where he
The practice courts of the University of Kansas Law School are becoming famous throughout the West for the work being ac.
was educated in the public schools, graduating from the high school in 1860, and immediately taking a position as a teacher there. In 1863 he moved to Columbus and became principal of one of the grammar schools there, where he taught for three years. June 8, 1870, he married Ellen R. Peabody, a niece of George Peabody, the philanthropist. He was admitted to the bar in 1867. He served two terms as prosecutor of Franklin county, Ohio, and represented this county in Congress from 1884 to 1894. He was then appointed civilian member of the Board of Ordnance and Fortification. In 1904 he was appointed Dean of the Ohio State University Law School, which position he held at the time of his death.
ment, and our purpose is to publish the most useful magazine possible. We ask for your support, for your subscription, for items of news of interest to the profession from your part of the country. The magazine will be published monthly during the school year, making eight issues in all, and the subscription price will be two dollars a year, or thirty cents for a single copy.
The Review will also contain a law directory of Maine, giving those attorneys who are rated as in good standing according to Martindale's Law Directory; and if we receive your subscription your name and address will be inserted free of charge for the year. [Signed]
The following letter announcing a new legal magazine comes from the University of Maine:
Bangor, Maine, March 9, 1908. Dear Sir: At the College of Law of the University of Maine there is about to be published a monthly magazine, the Maine Law Review. It will be the only legal publication in the state, and its purpose and scope is to include the interests of the legal profession throughout New England. Each issue will contain special articles by some of the leading writers and attorneys of the country. Articles have already been promised by Chief Justice Emery, Gen. Charles Hamlin, Senator Hale, and Hon. John A. Merrill. While other articles are expected to appear later on from Hon. William T. Haines, Hon. Hannibal E. Hamlin, Hon. Frederick E. Powers, Judge Charles J. Dunn, Judge James H. Burgess, Gov. John L. Bates, of Massachusetts, Ex-Gov. Frank S. Black, and last, but not least, the Justices of the Supreme Judicial Court of Maine. Articles will of course appear, also, from members of the law faculty, Dean Walz, Hon. L. C. Southard, of the Suffolk bar, and lecturer on Medico-Legal Relations, Forest J. Martin, Hugo Clark, Edgar M. Simpson, George H. Worster, and Bartlett Brooks. The faculty of the University will support the Maine Law Review in like manner, and articles have been promised by President Fellows, Prof. Rogers, Prof. Sprague, and many others.
Perhaps one of the most interesting features of the magazine will be the digest of the most important recent decisions from all over the country, with especial attention to those of Maine and Massachusetts. There will be notes on current topics of interest to every lawyer, legal discussions of professional questions, special columns devoted to business law of practical use to our business men and merchants, as well as to attorneys engaged in commercial practice. There will be a correspondence column, open to every one giving his name to the editors, for a ventilation of every question of public interest dealing with law and legislation. There will be a department devoted to news from the bench and bar, and, finally, a column devoted to a review of books.
The general purpose of the Maine Law Review is to publish a magazine of practical value to the lawyers of this state and also to those of our neighboring states. It cannot fail in its purpose, as every article will be written by a man who is learned in that special line, and the recent decisions, with comments as to law on the subject in Majne and Massachusetts, will be exceedingly useful and helpful to every reader.
In thus presenting this magazine to the legal profession, we ask for the co-operation and support of all. We also solicit criticism; for fair comment and criticism always leads to improve
The printed announcement of the new Atlanta Law School has recently been published. This new law school, located in Atlanta, Georgia, has lately been incorporated under the laws of Georgia, and is now ready to enroll students for next season. The course of instruction covers two academic years of nine months each, and is designed to meet the demand for a thorough preparation for the practice of law. The schoo) opens October 1st, recitations to be held five days of the week, from 3:30 to 5:50 p. m., with practice court one day each week at the same hours. The Dean of the school is Hamilton Douglas, of the Atlanta bar. Mr. Douglas will supervise work in the school personally, and will teach the subjects of Elementary Law, Wills, and Contracts. Those associated with Mr. Douglas as members of the school faculty and as special lecturers are: Hooper Alexander, Victor L. Smith, E. E. Marvin Underwood, Charles D. McKinney, Justices Beverly D. Evans, Joseph H. Lumpkin, and M. W. Beck of the Supreme Court of Georgia, and Judges B. H. Hill, R. B. Russell, and A. G. Powell of the Circuit Court of Appeals. Copies of the school catalogue 1908-09 may be obtained by addressing the Dean, Hamilton Douglas, Century Building, Atlanta, Georgia.
It is important that students graduating from law schools and entering the practice of law should become acquainted with the books that will be of special service to them in the locality where they expect to reside. The best way to acquire information as to what are the most desirable law books to possess when engaging in practice in a particular jurisdiction is to communicate with the publishers. Senior students in all law schools expecting to practice law in the near future are invited to write to the West Publishing Co., St. Paul, Minn., giving their ad. dresses and stating where they intend to locate. The company will be glad to answer these communications personally, giving the writers detailed information as to books that will be found most serviceable in the particular locality.
The late Senator Morgan used to enjoy telling of an amusing incident in court as illighted, with windows 12 feet high, extending along the whole of its two sides. The room is provided with unusually large and heavy oak reading tables, placed in alcoves, around which are arranged, in open shelves, most of the Reports of the state and the federal courts, the entire National Reporter System, the English Reports, the Century and American Digests, encyclopaedias, and bound volumes of the more important law periodicals.
lustrating the methods of other days to influence a country justice by flattery.
The incident occurred in a Southern town many years ago. The court was presided over by a rural magistrate, to whom counsel for the defense at once directed his remarks.
"I realize," the attorney began, “that I stand in the presence of a descendant of the grand old Huguenot family that emigrated from France to escape religious intolerance. Many able jurists have sprung from that family and embellished the bench and bar of the Union. Their watchwords are 'honor, truth, and justice,' and their names are spo'ken in every home. The law is so plain in this case that he who runs may read.' Shall I insult the intelligence of this Court by reiterating a proposition so simple and elementary? Need I say more?"
"No," interrupted the Judge, “'taint necessary. I'll give you a judgment."
Counsel sat down, while the Judge, with emphasis, knocked the ashes from his corn. cob pipe, and counsel for the plaintiff began :
"May it please the court—" "Squire, what are you fixing to do?" asked the honorable Court.
“I have the closing argument," was the reply.
“Well, you might jest as well set down," observed his Honor, blandly. “I've made up my mind for the other side. Judgment for the defendant."
Fordham University School of Law, now at 42 Broadway, will remove to new quarters at Nos. 20–24 Vesey St., Manhattan, on April 16, 1908. This removal has been necessitated by reason of the remarkable increase in this year's registration, resulting in crowding of the present quarters.
The school has only been in existence since October, 1903, yet in that short period it has three times been obliged to take additional space. Its new location, within three minutes' walk of the City Hall, the Supreme Court, the City and Federal Courts, and about the same distance from the Brooklyn Bridge subway, West Side Elevated roads, and the new Hudson Tunnels Terminal, is very close to ideal. Extensive alterations have been made in the building to meet the requirements of the school, and the new rooms will be thoroughly equipped with all the most modern appliances.
The “Case System” is followed very closely, but to eliminate the confusion and lack of co-relation that sometimes result from a too close adherence to that system, Fordham introduces two extra courses—the first, Elementary Law, to give the groundwork for a legal education; the second, General Jurisprudence, to co-relate the various branches of law and to give the student a scientific and philosophical knowledge thereof. The sults of this system have been most gratifying, and its best testimonial has been the steady and enormous increases in each year's registration.
The success of this school, especially in view of its high requirements—three years' study, with twelve hours a week in each year -should be a source of congratulation, as a sign that even in New York is a demand for the raising of standards of the bar.
The Indiana University School of Law, after long waiting, has moved into its $100,000 law school building, situated on the campus of the University. The building, all of stone, has two stories and a high basement. It extends around three sides of a court, with windows looking both into the court and onto the campus.
The lecture rooms, four in number, and a student conversation room, are on the north side of the court.
The library, the moot court room, and the offices of the law professors are on its south side. Here also are rooms which eventually will, it is hoped, be fitted up as club rooms for the local chapter of Phi Delta Phi and other law school organizations. Lockers and toilet rooms are provided in the basement.
The two portions of the building are connected by wide corridors, with windows on both sides, extending across the west end of the court. The general arrangement of the building secures three things: The main lecture rooms and the moot court room are on the same floor with the library. Every room has an abundance of light and air. The library is removed from the bustle of classes coming and going.
The library is perhaps the most striking feature in the building. It occupies four rooms. One of these, the main reading room, is 70 feet in length, with a width of 40 feet and a height of 25 feet. It is beautifully
The old fable of the lawyers and the oyster, in which the ownership of an oyster being contested, the lawyers ate the oyster and gave a shell to each of the litigants, is matched by a story that Congressman Champ Clark used to tell of a case in a Western county court.
Two men had come into court with a suit over the ownership of an umbrella which had been left in “the meetinghouse." Each one introduced evidence to prove that the umbrella was his.
Being unable to emulate the wisdom of Solomon by dividing the umbrella between them,