Oregon Law School Journal VOL. I. SALEM, OREGON, SEPTEMBER, 1902. No. 1 Oregon Law School Journal authority by the best courts of this The founders of the Oregon Law School purpose maintaining a law school of sound legal learning adapted to the actual wants of the lawyer and business man, shorn as far as possible of pedagogical theories and non-essentials. They consider that if the student be well grounded in the elementary principles of law and practice, that he is best prepared for the pursuit of his profession or the successful management of a business. That if in after life he should find idle time and his fancies should induce him to explore some of the many and endless theories and metaphysical disquisitions, he may do so, readily, and without the expense of an instructor and his then broadened and practical mind will not confuse the fanciful with the real. country, and with which every successful lawyer is required to be familiar. The aim of the founders is to require the student to become familiar with and to use the actual tools of his trade; believing that a law student should not be permitted to waste his time in the use of toy law books, nor suffered to listen to lectures upon the subject of law by a person who does not understand the practical administration of the law. False Impressions Take Years of Study to Gorrect.-A graduate of a law school taking a course of study consisting of abridgments and of the works of obscure law writers discovers when he attempts to engage in the practice of law that the matter he has studied consists of a useless lot of platitudes and that much he has read is not the law, and that the false impressions made upon his mind will take years of hard study to correct and which it will never be possible for him to wholly eradicate; that it would take less time and study if he could now have his mind free and begin the study of law anew than to correct his mistaken ideas and false impressions. "Case System".-The founders believe in Dean S. T. Richardson has been en- the frequent examination of leading gaged in law school work for fifteen years cases, yet do not believe in being slaves and brings with him methods of instruc- to the "Case System". Some parts of all tion which have been practically tested. subjects are taught by means of lectures, Many lawyers of Oregon and elsewhere yet on nearly all subjects text-books are who have received instruction under him used. Good text-books being regarded are becoming eminent in their profession. more reliable and more comprehensive Text Books. This school will use books than the lectures of a law professor or of the most eminent legal writers and other lecturer which have been more which are recognized as the highest hastily prepared, and, in many instances, by persons less eminent and with less continuously ever since. Judge Boise is matured legal or practical minds and the oldest judge in Oregon, his legal liable to mislead the student. The meth- opinions have at all times commanded ods of instruction to be used will depend the greatest respect. He was one of the much upon the subject and the advancement of the student, it being the aim of the school to cause its students to reason logically and independently and to understand and apply the rules and reasons of the law to actual cases. Court of Practice.-Under the supervision of the faculty, one hour each week will be devoted to pleading, practice and legal papers, and students will be required to draft pleadings and other legal documents and conduct the trial of causes. School of Expression.-One hour each week will be devoted to expression and forensic oratory. State Law Library.-The State Law Library, consisting of more than thirty thousand volumes, is open each day, excepting holidays, from 8 a. m. until 5 p. m. The law student has access to this great treasure house of legal literature; and has the rare opportunity of carrying on an exhaustive investigation of the great problems of the law on subjects with which he may desire to make a specialty in his practice. Special Lectures.--Lectures upon special topics by eminent lawyers will be announced during the year. Court Advantages. The Supreme Court is continuously in session during the school year. Here great fortunes are adjudicated, the destiny of lives are weighed in its judicial balances, and the liberties and fortunes of citizens guarded and protected. Profound arguments by lawyers of national fame are frequently made before this august tribunal. It is an ideal place for the law student to receive inspirations that will incite him to strive to win the heights of eminence. The State Circuit Court, consisting of two judges, is in session a greater part of the school year. Department number two, wherein suits in equity and the more profound cases are determined, is presided over by Hon. R. P. Boise, Sr. who held his first term of court in Oregon in 1857. He has been on the bench almost first Code Commissioners of Oregon and was afterwards a member of the convention that framed the Oregon Constitution. He is one of the grand pioneers that built our commonwealth and has since assisted in shaping and directing its future greatness. The law student will be amply repaid by embracing the rare opportunity of attending the sessions of the court of so great a jurist, ripe in experience, profound in his decisions, and erudite in legal lore and history of our state. The probate court though which all the wealth of the country is required to pass every few years, is of great interest to the law student; is always in session during the year. The municipal court, county court for civil business, the commissioners' court and the justices courts, nearly always in session, give rare opportunities for the student to observe the practical workings of his chosen profession. Oregon Legislature.-During the present school year there will probably be two sessions of the Oregon Legislature held here and the law student will be favored with the opportunity of learning how the laws are made and will be granted special privileges to attend its sessions. State Institutions. The state buildings, including its large benevolent, reformatory and penal institutions, are located here and affords the law student special opportunities to study penology and mental jurisprudence. Living Expenses.-Living expenses here are probably as small as that of nearly any other place in the United States. Climate for Study.--Owing to the evenness of the temperature and the low altitude above the level of the sea, Salem is probably one of the most favored spots in this continent to carry on intellectual pursuits. Degree. The president will confer upon students who have pursued the full course of study and attended the full course of lectures and recitations and passed satisfactory examinations and he takes in it and the amount of work complied with the rules and regula- and energy he properly expends. That tions of the Oregon Law School includ- the only genius now known to exist coning payment of diploma fee and all sists of equal parts of attention, interest, arrearages, the degree of Bachelor of perseverence, constant work and well Laws. directed energy. Lady Students.-Ladies admitted on the same terms as gentlemen. Millions of unemployed capital await management of the person who can show its possessors that he is a man of practical judgment and integrity and capable of handling it to an advantage. He must Scholastic Year. The school year begins Wednesday October 1, 1902, and ends May 29, 1903. The year consists of 35 school weeks and is divided into four terms. be careful and cautious, not visionary The terms begin as follows:-First Term, October 1, 1902; Second Term, November 29, 1902; Third Term, January 31, 1903; Fourth Term, March 28, 1903. Fees.-Junior year, per term, $12.50; Senior year, per term, $15, Pupils desiring to take half work will be charged $10 per term for junior work and $11 per term for senior work. Tuition is payable in advance at the beginning of the term. nor fanciful; he must reason logically, use the experience of the past and apply it unerringly to affairs and conditions about him and plan enterprises and convince men of wealth that those enterprises are feasible. Stanford and Huntington were men of small fortunes when they projected a transcontinental railroad across a vast tract of country then regarded by many as a barren waste. They were practical For catalogues and information ad- men and had examined all the surrounddress W. E. RICHARDSON, Secretary of the OREGON LAW SCHOOL, Salem, Oregon. ADVANTAGES OF A LEGAL EDUCATION. ings and the force of their convictions caused men of wealth to engage in the enterprise. Soon an iron band bound the continent, and the Great American Desert took wings of flight and in its stead came a land of wealth and civilization. And vast fortunes and undying fame to them was the reward of their enterprise. In Life's race to attain the goal of suc- Be practical, us sound judgment, be cess proper training is a great advantage. guided by experience and apply the conHow this preparation shall be made is a clusions accurately and unerringly and serious question. One considers that he you have the foundation stones of sucmust need be born genius before he can cess. Good practical judgment depends safely enter certain professions. An- much upon the person's surroundings other views his cranial bumps and de- and education. Some have been successpressions as infallible marks of his suc- ful without systematic education, yet cess, as the knobs, bolts and other there is little doubt that their success eminences on an iron safe indicate whether or not its vaults contain gold or are empty. While another imagines that he is controlled by the fates and, in order to ascertain his future prospects of success, consults soothsayers, palmists, clairvoyants and other mystagogues. would have been even greater had they had its benefits. Books are useless toys unless the matters which they contain can be put to some useful purpose. That system of education is most beneficial which depends upon reason rather than memory and rote, and upon judgment instead of mystic words. We consider that genius is a very rare animal, perhaps extinct. That each per- This world is real and not a place of son 'is the architect of his own fortune' fancy, magic or mystery. We know of and that if he properly prepares himself nothing that will dispel our illusions so his success in any profession will depend so well as that of the study of law. A upon the amount of interest and pleasure knowledge of the leading principles of law is beneficial to all, no matter in what business a person intends to enter. If a avocation we may engage. This knowl- teacher, it broadens his mind and benefits edge is obtainable in a course of two or his pupils. If a politician, it makes him three years in a good law school. Any a better one; the halls of Congress and person of ordinary understanding by devoting two or three hours daily to its study is usually able to complete a course of law and some are able to attend the lectures only and get a fair idea of many of its principles. If the student gets the reason for a rule of law it is fixed on his memory without effort and thus he avoids over work. The idle time which a young man has is usually quite sufficient to carry on the study of law. The lawyer examines all sides of a question deliberately and practically and arrives at a logical conclusion. His mind readily grasps the details of the most complicated subject with which he had never before paid the slightest attention. The business man who has spent many years in the details of his trade and finding himself embarrassed goes to a lawyer for counsel although the lawyer does not know the difference between gingham and calico. Yet that lawyer is able to go over the details of his client's business and in many instances correct the fault which his client has overlooked. The successful business man of today pays lawyers good fees for advice that prevents costly litigation, instead of following the rule of the last generation to hire lawyers to get him out of trouble. The student of law discovers that all its principles are based upon reason and expediency which have been perfected by the wisdom and experience of ages. He learns that nothing is worthy of man that will not bear the closest scrutiny of reason, that a lawyer must be practical and that the important tools of success are logic, order, analysis, experience and quick perception. That any calling, trade or profession which has to be shrouded in mystery and magic, in order to succeed, is delusive and dangerous to humanity and contains dens of fools and knaves which enlightened man some day will hunt down and consign to insane asylums and felons cells. the greater part of the principal offices of the land are filled by lawyers. If a financier, his success is more assured as more than nine-tenths of the financiers are lawyers. If a divine, his perception of right and wrong is more extended and he sees the full difference between the letter and the spirit of the law. The trained equity lawyer whets his faculty for perceiving right and wrong to the keenest edge and looks to the spirit and intent of the law rather than to the letter of the law and discovers wrongs and applies remedies based upon the highest developement of the Golden Rule. Many lawyers who make great financial success of their profession seldom appear in the courts in the trial of causes, but are men of affairs who join legal training and business judgment in the management of vast enterprises which pay them millions of dollars. And, as a matter of fact, but few men in this age can be successful in business without a comprehensive knowledge of law. "THE LIBERTY OF THE PRESS." The following is a part of the address of Hon. Henry B. Brown, Justice of the Supreme Court of the United States, before the New York State Bar Association on the subject “The Liberty of the Press”, viz: "The right of every man to express his opinion in speech or print is justly es teemed as one of the most sacred prerog. atives of a free people. The very first amendment to the Constitution declares that Congress shall make no law abridg. ing the freedom of speech or of the press. No clause of the Constitution has been more sacredly cherished and none more carefully upheld by the judicial power. Too much cannot be said in praise of our daily press as news gatherers. Their enterprise in this direction is superior to every obstacle. No quarter of the globe The study of law is the best educa- is too remote, no expense too great, no tional drill, no matter what profession or difficulties so insurmountable, that they left of the party overtaken, yet if the way be apparently clear you may take either side. The person overtaking and passing another will usually be liable for all damages that occur unless the injury be caused by the fault of the other party. cannot be overcome in pursuit of the lat- another you should usually pass on the est and most authentic intelligence. Relays of reporters are kept within call, ready to be dispatched to the most distant city; steam vessels are chartered to meet incoming steamers, to watch naval manoeuvres, or to reach places inaccessible by land; telegraph wires are burdened Lights and Bells on Bicycles-The Orewith messages passing to and from the gon Session Laws of 1901, page 102, offices of publication, and special trains section 9, require every bicycle, when are hired for the prompt dissemination ridden, to be provided with a bell, and at of their several editions. If their editor- night that it shall be provided with a ials do not always equal in ability those sufficient light to be easily distinguishof the leading English journals-and I. able. Bicycle riders should take heed as am not prepared to admit even this- this law applies to the country as well as their news columns are a refreshing con- to all cities and towns. trast to the deadly dullness of Continental papers. All this does not blind us to the fact that many of these papers are guilty of a grave abuse of their privileges., Indeed, the sins of the press have been a fruitful subject of dicussion ever since the formation of the Government, Ugly stories, too, are told with how much truth I know not-of the methods resorted to to create a sensation, or to advertise a paper; of correspondents sent to Washington with instructions to blacken the characters of particular men, regardless of the actual facts; of debates in secret session of the Senate published in defiance of privilege; of opinions of courts surreptitiously obtained before delivery and published without a sense of shame; of editorial space sold for so much a line; of messages stolen from the wires; of watches put upon houses to unearth domestic scandals, or upon the steps of public men to ferret out political secrets; of respectable women detailed to walk the streets of a great city at night, get themselves arrested as disreputable, and spend a night in prison for the sake of a startling article upon the infamous persecution of workingwomen, but all (To be continued) Laws and Merisions Sales of Stocks of Goods in Bulk-Before there can be a valid sale of a stock of goods, wares or merchandise in bulk, the person selling shall at least five days before the sale is consumated make and deliver under his oath to the purchaser a list of his creditors and their addresses. And the purchaser shall five days before paying any part of the purchase price notify each creditor of the seller of the contemplated purchase. Oregon Session Laws 1901, page 303. Standard Bushel by Weight-The following weights of a bushel were established by the last legislature of Oregon, viz: 60 lbs. wheat, clover seed or potatoes; 46 lbs. barley, rye or indian corn; 32 lbs. oats; 42 lbs. buckwheat; 28 lbs. dried apples or peaches; and 45 lbs. apples or pears. Interest and Rule for Computing—In Oregon the legal rate of interest is 6 per cent. but parties may agree upon any rate not exceeding 10 per cent. per annum. Where a partial payment is made, and it equals or exceeds the amount of interest then accrued on the debt, the interest should be computed, up to the time of such payment, and added to the amount of such debt and from said sum deduct the amount of the payment, and the amount remaining constitutes a new principal. But if the partial payment be less than the accrued interest, the principal must not be increased in amount but must be carried forward until the additional payments together with such payment will equal or exceed the accrued Law of the Road—In meeting another you should turn to the right of the middle of the traveled road; and if you overtake interest. |