Organization of a Corporation—The Oregon corporation, and hence the court erred in Supreme Court in the case of the Goodale Lumber Co. vs. Shaw, decided July 14, 1902, has laid down important rules as to the proper manner of organizing a corporation in this State, and as to what constitutes competent proof of corporate existence. We quote as follows, omitting authorities cited, viz: charging the jury that the document introduced in evidence was sufficient for that purpose. A corporation is created by making and filing articles of incorporation, and is organized by electing a board of directors, which can only be done when one-half of the capital stock has been subscribed. Thus where the statute prescribes the manner in which a corporation shall be organized, its requirements must be substantially complied with, otherwise it will have no legal capacity to transact business as a corporation. The organization is completed only when the directors have been elected, and they have elected a president and secretary." Rent Must Be Paid Purchaser from Day of Foreclosure Sale- The Oregon Supreme Court in the case of U. S. Mortgage Co. v. Willis, decided June 30, 1902, made a decision of great interest to landlord and tenant, in which they held that a purchaser at a foreclosure sale, under a mortgage, of land is entitled to rent, from the date of sale, from a tenant whose lease is subsequent to that of the mortgage, even though the tenant has paid the rent in advance to the mortgagor. 99 "A private corporation is created by three or more persons subscribing their names to and acknowledging written articles of incorporation in triplicate, one of which shall be filed in the office of the secretary of state, one with the county clerk of the county where the business is proposed to be located, and the other retained in the possession of the corporation." * * * * "Upon making and filing articles of incorporation, the person subscribing their names as incorporators are authorized to carry into effect the objects specified in the articles. The incorporators are authorized to open books and receive subscriptions to the capital stock of the corporation, and when one-half of such stock has been subscribed, it shall be lawful in the organization of the corporation to elect a board of directors." *** "While the statute provides that the articles of incorporation or a certified copy of the one filed with the secretary of state or county clerk, is evidence of the existence of such corporation, this clause must necessarily be construed in pari materia with another section, which provides that upon filing articles of incorporation the persons subscribing the same are incorporators, and authorized to carry into effect the objects specified in the articles. In the methodical order of offering the necessary evidence it would seem proper to prove the execution and acknowledgment of the articles of incorporation in triplicate, and that one of such articles had been filed in the office of the secretary of state Lewis' Blackstone.-The edition of Blackand another in the office of the county stone's Commentaries by Wm. Draper clerk of the county where the business of Lewis, Dean of the Law Department of the corporation is proposed to be con- the University of Pennsylvania, is a great ducted." * * * "The articles of incor- mine of reference and information both poration, unsupplemented by other proof, to the student of law and to the practiwere, in our judgment, inadequate to tioner. The editor of this paper has prove the existence of the plaintiff as a used as a text in a law school this valu Liability undertaken by indorser indorsing a negotiable instrument "without recourse.' Every person indorsing a negotiable instrument "without recourse" warrants "(1) that the instrument is genuine in all respects what it purports to be; (2) that he has a good title to it; (3) that all prior parties had capacity to contract; (4) that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless." Oregon Session Laws 1899, page 27. Law Book Review able edition ever since its publication with great satisfaction and his pupils have progressed more rapidly in this subject than ever before. Blackstone, once regarded by many dry and tedious, is now rendered one of the most interesting books in the study of law. The wide and extended references to American Courts and leading law writers and the accurate arrangement and scholarly discussion of the many subjects treated by him make this edition the best ever published. Greenleaf on Evidence, Sixteenth Edition.Professor J. H. Wigmore of the Northwestern University Law School, Chicago, has revised and annotated the first volume of the sixteenth edition of Greenleaf in a most thorough and scholarly manner. He has by means of an ingenuous arrangement added a great amount of new matter to the text and it is an up to date work upon all subjects of evidence, and at the same time the sections and subject matter of the original work has not been disturbed. He has bestowed a great amount of time and labor upon this book and has arranged under the proper subjects references to all the decisions of the different states up to the year 1899. The style and ability shown in this work equals that of the original author and has won for Professor Wigmore a lasting reputation as a law writer. We regard this book to be one of the few well written law books of the century. Phillips on Code Pleading.-George L. Phillips, LL. D., Cleveland, Ohio, has written a most scholarly work on the subject of Code Pleadings. He has excelled in the lucid manner in which he connects common law pleadings and code pleadings. This work more nearly conforms to the practice in Oregon than that of any other treatise upon the subject and renders it valuable as a text book to an Oregon practitioner or student. Negotiable Instrument Law. Arthur W. Selover, LL. M., has written a treatise upon the Negotiable Instrument Law a law which has been adopted by statue in quite a number of states. This law was enacted by the Legislature of Oregon in 1899. We consider this work probably the best text book written upon the subject. Miscellany Could we but draw back the curtains Purer than we judge we should; Could we judge all deeds by motives, All the while we loathe the sin. If we knew the cares and trials, Knowing not life's hidden force; All the golden grains of good. Oh, We'd love each other better If we only understood! -Fireside Magazine. PRACTICAL EDUCATION AND REFORM. Hon. E. Hofer, in The Truth, says: "Until there are complete revolutions in the courses of study and the point of view of the college professor, from the scholastic theory of studies to the practical and business standpoint, we need look to something besides the results of higher education for relief in dealing with governmental problems great and small." * "The citizen is given the law for his protection but the state does not undertake to stand over him and continually see to it that he has all the benefits without some desire for them or some action on his part." * * PROFESSOR DO YOU MEET THESE REQUIRE MENTS? whereby the law of God may be abased or the law of the devil exalted. So help me God and His Saints." Blackstone's Monsieur Lavisse upon the subject of Com., Vol. 3, Star page 340. masters in modern education, says: “The method of instruction has changed. Your masters are not, so much as they were, orators ex-cathedra. We have left our chairs, or if we remain there we speak in lower tones. We affirm less. We dem onstrate; we show; we say to our scholars, hear, see, judge." ANSWER, YES OR NO. TO OUR READERS. This paper, as its name indicates, is the exponent of THE OREGON LAW SCHOOL of Salem, Oregon, which is duly incorporated under the laws of Oregon relating to educational and literary institutions. The efforts on the part of the house to pin one another down to direct answers reminded Representative Capron, of Rhode Island-one of the best story This paper will be a home educator upon tellers in the house, by the way of an experience in the last campaign, Mr. Capron was very much bothered while making a speech by a man in the audience, who insisted on asking questions to which he demanded either "yes" or "no" for an answer. "But there are some questions", finally remarked Mr. Capron, “which cannot be answered by 'yes' or 'no'". "I should like to hear one," scornfully commented his annoyer. "Well," said Mr. Capron, "I think I can prove it. Have you quit beating your wife? Answer 'yes' or 'no' ". The crowd saw at once that Mr. Capron had the man in a trap. If he said "yes", it was a confession that he had been beating his wife; if he said “no” it was an admission that he still indulged in the same pastime. "Yes" or "no", shouted everybody in the hall and in the midst of the confusion the man made his escape.-Washington Post.-Albany Law Journal. The purpose of this paper is to awaken a deeper interest among the people in general upon the subject of law, and to show the necessity of all classes of people understanding its principles which are a necessary part of a liberal education. the subject of law and will make it feasible for business men, mechanics, farmers, and all other classes to keep informed upon the law of the day, as the newspapers keep them informed upon the current events of the world. The Oregon Legislature meets soon, and a synopsis of its laws will be of interest. Each issue will contain an interesting synopsis of decisions of our Supreme Court. A depart. ment for inquiries upon questions of law of general interest will be maintained free to all subscribers. Legal questions discussed in this paper will be based upon the best authorities. A single item will be often worth to the reader many times the subscription price of this paper. We trust our new enterprise will receive your hearty support and that you will forward to us the subscription price of this paper, which will be 50 cents per year. We have made this very low price so as to place this paper within the reach of all. TO OUR COMPETITORS. We shall endeavor to maintain a law school of the highest excellence. If you equal us in our work, the patrons will be equally divided, and if you excel, you will have them all. We court rivalry in excellence and will take our hats off to all who prove honorable and worthy Sorcery Oath-In the trial of wager of battel in England the following oath was administered to the champions, viz: "Hear this, ye Justices, that I have this day neither eat, drank, nor have upon me, neither bone, stone, nor grass, nor any enchantment, sorcery or witchcraft, opponents. Oregon Law School Journal schoolmaster in conducting its business. The courts of the land have an important and delicate duty to perform in the matter of the trial of cases. Our courts can not be swayed by public opinion and hope to maintain the standing heretofore held by the people concerning them. If our courts should be controlled by public clamor they lose the respect which the thinking public have entertained for them. A judge who is a moral coward is as dangerous as the judge who will accept a bribe to decide a cause. The court who has its ear to the ground for the purpose of listening to the popular approval or disapproval of its opinion is a dangerous one to preside over and pass upon matters which may come before it. Such a court is a menace to the public welfare. wonder there is a strong demand at the present time for judges to be selected for life so that they will be free from political and other influences. If the people were obliged to have a moral coward for judge for life what a sad commentary it would be on our institutions. A judge of this character is as a rule a tyrant in his court and acts like an old fashioned No One of these tyrannical judges along about election time limbers up and the attorneys whom he has wantonly insulted at different times without cause or provocation he cringes to and fawns upon in order to secure his re-election. Ourjudges should be men who have a reserve power to decide cases in a deliberate and painstaking manner. Integrity as well as moral courage are essential attributes of a good judge. Decisions regardless of popular clamor should be the aim and desire of our courts. MARION COUNTY BAR ASSOCIATION. What has become of the Marion County Bar Association which started out with such a flare of trumpets and the promise of doing so much good to the profession as well as the people at large? Since it elected officers nothing has been done except to pass resolutions on the death of deceased members. The physicians, ministers, grangers and all lines of business are doing something to advance and protect their members. The attorneys are inactive and sleeping. If there were a strong Bar Association in this county, district and state much needed legislation for the welfare and betterment of the people could be planned and arranged. If carefully considered, the legislature would pass such laws as a reputable Bar Association would recommend. Many rules of practice which hamper and prevent attorneys from properly trying out the merits of cases in which their clients are interested could be remedied. Legislation in this personal supervision we can truthfully respect is needed, so that fair and impar- say that their application to their work tial trials may be carried out. There is a merits the greatest success it is possible great deal to do for a conscientious and for them to attain. intelligent bar association. While the advance in the practice of the law over old times has been great, yet there are matters calling for the united action of the bar associations. Let the Marion County Bar Association wake up to a realization that it has a great deal of work to do in order to reach the standing in the practice of the law that is enjoyed by other sections. OREGON SUPREME COURT. The people of the State of Oregon are particularly fortunate in having as able a Supreme Court as the present Court is now constituted. Each member of the Court is not only an affable and courteous gentleman, but the opinions of the Court are respected and considered good law by the different state courts. These gentlemen comprising the Court are high minded gentlemen and would not do an act that would tend in the least to humil. iate a member of the bar. They have a just appreciation of the courtesy due from the bench to the attorneys. The Bar of the State greatly appreciate this trait of character upon the part of our Supreme Court. THE OREGON LAW SCHOOL. WHY WE STUDY BLACKSTONE. Our The The law of this country is composed of the statutory and common law. codes or statutes contain but a small portion of our laws; for instance, the law authorizing us to sue upon an account can not be found in the code. Nearly all our law is found in the common law. common law is so very extensive in its scope and purpose that it is supposed to embrace rules of law for the adjustment of all controversies relating either to the rights of persons or property. It would, therefore, be folly and waste of time for a legislature to enact a statutory law concerning a matter for which there is already a rule of law, unless it was desired to change the existing law upon that subject or to create some new right or remedy not given under the common law. If we were to memorize the code without understanding the common law we would know as little about our laws as we would be likely to know about a beautiful edifice which we had never seen, if, instead of examining as a whole the original plans of its architect together with such changes as were made during its construction to suit the convenience and whim of its owner, we should set about viewing such drawings as were necessary only to indicate such modifications. So it is necessary for a student, in order to gain a clear conception of our law, to study that grand original plan of its edifice, the common law, and afterwards examine the code to ascertain what parts of the common law has been changed or modified by statute. We do not wish to boast concerning the success of the Oregon Law School, but we do wish to say to our many friends that the success of the school is far beyond our expectations. There is a large class in attendance of intelligent young men who will make a mark in the profession and reflect credit upon their instructors. They will take the place in It is hardly possible to frame an accufuture years of the older attorneys and rate definition of our common law that will occupy places of trust that the aged will harmonize in every particular with members of the Bar will be forced to re- the opinions of various courts and the linquish on account of declining years. writings of eminent legal authors of this We wish the young men who are laboring country. They, however, seem to agree so industriously to fit themselves for in this particular that, at the time of the their future life work every manner of founding of a colony in this country, our success. Being under our immediate ancestors swarming from their mother |