« AnteriorContinuar »
by the proposition that the capital stock of a cor tabular statement is inserted at page 353 which poration is a trust fund for the payment of credi- shows that between the years 1878 and 1890 no less tors, as it is that he should know the points of dis- than seventy-four distinct schools of law were at tinction between a contingent remainder and an different times in existence and in operation in the executory devise. It is as likely that the young United States. It is in my judgment most unphilolawyer's first client will be anxious to have his rights sophical to attribute the decline of the office sysascertained and defined as a stockholder in or the tem of instruction to the growth of the law schools. creditor of a corporation, as that he will be a landed It seems far more natural to suppose that instrucproprietor with a trust to settle or a will to make. tion in these institutions is being supplied to meet The old-fashioned idea that no lawyer need famil a demand which is felt throughout the length and iarize himself with corporation law until he has been breadth of the country. These schools differ greatly twenty-five years at the bar, is inapplicable to a
In some the course is for one commercial condition, where corporations of all year only ; in some the course is two years, and in sizes, great and petty, carry on an increasing pro- | others three. In some instances entrance examinaportion of the business of everyday life. This tions are required before the student can matriculate, means that in solving our problem of selection, we but in the great majority of cases these entrance exmust select for the student the field of corporation aminations are so elementary in their character that law as a field in which at least some of his time almost any school boy could pass then ; and Presimust be spent. A similar observation applies to dent Eliot, of Harvard, was substantially right when other special subjects, which twenty-five or fifty he said tbat into most American law shools a man years ago were justly thought unecessary to the can walk from the street.” They have sprung up student's education. All that I plead for is a recog- here and there in response to a local demand for nition of the fact that American jurisprudence is help and guidance in the prosecution of legal study. developing; that almost every year brings a change for a long time there wis no organized effort to in the relative importance of the various subjects of bring about co-operation among them in the direclegal study; and I assert that it is as unintelligent tion of solving our Problem of Selection--in agrceto assume that the student's curriculum of half a
ing, that is, upon a course of study ; and even tocentury ago is the curriculum best adapted to mod day there is but little effort to bring about coern conditions, as it would be to assume that al
operation in the solution of our problem of method medical student could gain an adequate knowledge –in agreeing, that is, upon the way in which inof medical science by following a course of study struction can best be given. Within the last six prescribed before the recent advances of knowledge years, however, the American Bar Association has iu respect of the propagation of germ diseases and
been doing noble work in these fields. Its committhe possibilities of antiseptic surgery.
tee on legal education has devoted much time and I think, therefore, that it may be said with con
thought to the task of gathering statistics from all tidence, as the result of the foregoing considerations,
over the world and of drawing from them such conthat the conditions of legal study have changed clusions as form the basis for suggestion and recomand that they have changed because of the decline
mendation. The establishment of a section on legal of the office system of instruction ; and I think we
education by the Imerican Bar Association is ancan say further that the office system of instruction
other sign of the times in this connection. has become and is becoming less and less effective
Another great advantage of the method of instrurfor two reasons : first, because the introduction of tion by original research is to emphasize the impormodern business methoils into legal practice makes
tance of principle in the solution of a legal problem it impossible to give the student the place in the
presented to the mind, as distinguished from an unoffice which he once occupied ; and, second,
due deference to decided cases. This point was because the multiplication of subjects of study made admirably clear by Sir Frederick Pollock, the makes it impossible for the preceptor to spare the distinguished professor of jurisprudence at Oxford time and attention necessary for the direction of university, in the address delivered by him a few the student's work, This leads m: to speak of the lays ago before the Harvard Law School. The efforts that are being made throughout the country and in this Commonwealth to accommodate legal The occasion was the celebration of the twentyinstruction to the changed conditions.
fifth year of Professor Langdell's connection with II. It is to the operation of the causes to which I the Harvard Law School. This distinguished have referred above that we must attribute the teacher has consistently advocated the method of great increase in the number and importar.ce of law instruction in question during this period and the schools throughout the country. In the reports of credit for its final triumph is in large measure due the American Bar Association for 1891 (Vol. xiv) :
great disadvantage of a system of instruction by there is a carefully planned movement on foot to lectures or text books is that the student comes to establish a law school in the City of Pittsburg, so believe that no statement of law can be correct un great is the demand for law school instruction in less a direct decision among the adjudicated cases the western part of this commonwealth. As an incan be found which supports the statement in the structor in the Law School of the University of precise form in which it comes up for discussion. Pennsylvania, 1 may say that it has given us pleaThe effect of such a habit of thought is to produce sure to welcome within our gates the many students a generation of case lawyers whose first thought when from western Pennsylvania who have come to our a question is propounded to them is to ransack first school to pursue their studies; and I may say that their memories and then the digest for particular we are prepared to receive them in the future, no decisions which bear a resemblance to the case in
matter in what numbers they may come. I feel hand. These men are never sound lawyers. They certain, however, that if the men of western Pennare utterly unable to appreciate the fact that the sylvania establish a law school of their own, we law, in a given field, may be in effect, the result of sball find it a diflicult task to afford better means of a progressive development which is still going for instruction than that which will be obtained there; ward so that no statement of present law is accurate
for I am confident that it will receive the support unless it is, so to speak, a step in advance of the of a bar which in my judgment has no superior; if last decided case. They are, except in the case of indeed it has an equal, within the confines of this men of rare intellectual ability, incapable of bring- great commonwealth. ing to bear upon the solution of the problem the ac The result of my review of the efforts that are cumulated result of their own generalizations from being made throughout the country and in this experimental study, entirely apart from the similar commonwealth to accomodate legal instruction to ity or dissimilarity, upon the facts stated, between existing conditions is to establish the fact that legal the case in hand and any case or cases reported in instruction is generally given by means of law the books. Considerations of this kind have led to schools, and that wherever it is possible to do so, this solution of the problem of method to the more or office instruction is in this way either supplemented less complete exclusion of all other methods at institu or superseded. The far seeing committee on legal tions scattered all over the country-as, for example, education of the American Bar Association had reat the Harvard Law School in Cambridge, at the Col- commended as long ago as 1879 that a law school umbia Law School in New York, at the Law School be established in every State in the Union. This of our own University in Philadelphia, at the North-recommendation has indeed not been literally carwestern University in Chicago, at the University of ried out, yet (in the words of the report of that Iowa in Iowa City, and at the Leland Stanford, Jr. committee for 1890, Vol. XIII, page 328) “so deUniversity in California as well as at many other cided has been the public and professional verdict institutions of recognized standing. A careful con in favor of that method of studying law that there sideration of the relative merits of different systems, are now about fifty law schools in the country, or with a preponderance of authority in favor of this, more than one to each State, even with all the rethe inductive method of teaching law, is to be found cent additions to the number of the latter.” That in the papers read during the last few years before there is vast room for improvement in our American the American Bar Association and published in law schools is a proposition which no one will seritheir annual reports.
ously dispute. The evils that exist and the possiIt seems, therefore, that the law school necessarily bilities of redressing them are forcibly brought out represents the modern method of imparting legal in a paper in the Forum for May, 1895, in which instruction, and I have given in outline the solution President David Starr Jordan, of the Leland Stanof the problem of selection and the problem of ford, Jr., University, writes with vigor under the method reached by the law school of our own Uni-caption Pettifogging Law Schools and an Unversity as being the typical modern American law trained Bar." It is the conclusion of the learned school. It must not be supposed for a moment, committee of the American Bar Association, from however, that the attendance upon the Law School whose reports I find it necessary to quote so often, of the University of Pennsylvania represents the that no American can examine the data relating to total number of Pennsylvania law students who are legal education in Russia, Sweden, Portugal, Denreceiving law school instruction. You will find that mark, France, South Australia and certain other miny Pennsylvania men are registered as students countries referred to in the report “without a feelin the Harvard Law School, in the Yale Law School, ing of mortification and of serious distress at the in the Cornell Law School, in the Columbia Lawthought that our own country, claiming to stand School and elsewhere. Indeed, I understand that in the forefront of the world, so far at least as
intelligence, equal law for all men and the adminis-bers of the bar. This board is generally a standing tration of free government are concerned, should be committee, the term of service in which is a year or so far surpassed in this most important matter, alike
In Philadelphia county, with which I am by countries of even later origin, upon the other most familiar, the number of members of the board side of the world, using a system of law closely is twelve, each member serving for a year — the akin to our own, and by governments which we term of one member expiring with each month. have been accustomed to regard as too autocratic | In other counties the board of examiners is drawn for the proper development of a system of private by the court from the bar for the purpose of conlaw or legal education. Probably, if most Ameri- ducting a particular examination, and is not a can lawyers were asked respecting the profession standing committee. The standard of attainment in Russia, they would find that their chief notion required of the student differs in the different counon the subject was based on the story of Peter the ties of the State, probably the most searching exGreat, still repeated in all books to illustrate our amination being that required for admission to the own happy condition as compareil with the subjects Pittsburg bar. In some counties the examinatiou of the czar. According to this story, when Peter is scarcely more than a formality; and there is an was showo the courts at Westminster Hall, and the entire absence of barmony of opinion in respect of throng of lawyers that conducted their business, lie the lines upon which an examination should be was astonished at their number and said that he conducted and the nature of the questions to wbichi had but two lawyers in his vast dominion, and pro- the student should be required to respond. It posed to bang one of them as soon as he returned.
seems to me that this lack of harmony in the matter But the report received from Russia, and especially of entrance examinations is a serious evil, and I the pamphlet on · legal education ’in that country, think that it is an evil which this bar association which has been translated expressly for the com can do much to remedy. I am aware that there mittee's use, make it certain that the law schools of
are many who maintain that it is proper to have a the United States bear no comparison in thorough-varying standard and diverse requirements for adness, system and the scientific order of instruction
mission in the different counties upon the ground with those of this autocratic government."
that each county has peculiarities of legal tradition While, therefore I do not contend that the Imeri- and practice, and that to substitute an iron rule for can law school is a perfect institution, I do venture
the present flexible system would be a thing intolerto assert that it is through the law school that the able for the local bars. This view was expressed legal education of the future is to be conducted, and by Chief Justice Paxson, when he was asked to that it is our duty as prudent and patriotic citizens reply to the inquiry of the committee of the Amerito study the law-school problem, and to contribute
can Bar Association upon the advisability of taking our mite to the discussion of methods of improve the power to admit to the bar from the inferior ment and reform. The study of these problems, it
courts and lodging it in the courts of last resort, to seems to me, is peculiarly the province of a great the end that there might be a uniform standard bar association like this, and it is my earnest hope governing the examination of all candidates. The that this assemblage will not disperse until the com
committee had sent to the chief justices of all the mittee on legal education has been formally charged States a circular letter asking the question just outwith the duty of making a patient and intelligent lined, iind also inquiring their views as to the adstudy of the many burning questions which we can
visability of appointing a commission in each State all of us see if we will but open our eyes.
to hold office for a term of three years, one-third of III. The subject upon which I was asked to speak the members to retire each year, the commission to included not merely "legal education ”– to which sit at stated times and at convenient places within hitherto I have confined my attention -- but also
the State to conduct the examinations for admis" admission to the bar.” It is to this latter topic sion. As just intimated, the chief justice of Pennthat I invite your attention in conclusion, at the sylvania was inclined to answer both questions in same time that I perform the duty which I set be
the negative. “I consider it extremely desirable," fore myself at the beginning of this discussion
said he, “that the subject be left in the control of the duty of suggesting “ certain practical considera- the inferior or local courts, by which I mean courts tions with respect to legal study in Pennsylvania of record, who are most familiar with the needs of and the relation of the bar association to that im- their cominunities and of the personal fitness of portaut subject."
applicants." (Reports of the Imerican Bar AssoAdmission to the bar is usually gained throughout ciation, Vol. XIV, 1891, p. 307.) It is to be obthe Commonwealth upon passing an examination served, however, that it large majority of the chief before a board of examiners selected by the judge justices were in favor of introducing uniformity or judges of the local courts from among the mem into the examinations for admission by delegating
to the State court of last resort the appointment of members appointed by the Court of Appeals, the a commission such as has been described for the expenses of the commission and the compensation purpose of examining candidates for the bar. The of the commissioners being met out of the proceeds evils of the present system were admitted by all of an examination fee charged to each student." those with whom the committee entered into cor In view of these considerations, the suggestion respondence. Not only are the evils resulting from that I have to make to the Pennsylvania Bar Assolack of uniformity obvious to one who gives his at-ciation is this: That this bar association delegate tention to the matter, but the evils which proceed to its committee on legal education and admission from impromptu examinations conducted by busy to the bar, which, by the terms of its existence, practicing lawyers are so serious that they cannot must be composed of representative men from the escape notice. The committee of the American Bar | different parts of the Commonwealth, the duty of Association thus sums up the situation: “Every formulating a curriculum or course of study to be lawyer knows how very lightly the subjects of ele- | recommended to the courts of the different counties mentary law, and all such as require a systematic throughout the State, and of preparing each year a and accurate knowledge of it are passed, almost standard series of examination papers upon that invariably, by a committee of lawyers taken on course, which papers can be put into the hands of brief notice from the busy bar, usually in the busiest such local boards of examiners as may see fit to use days of the beginning term, to examine a class of them. It will be observed that my suggestion does applicants. There is no time to refresh their remem not contemplate any such radical change in our brance of early studies, or to form a careful and system as the delegation of the power to examine just plan of examination, After a very few 'calls for the bar to our Supreme Court, nor does it confor the definition of this or that term, so put as to template the appointment of such a commission as involve merely verbal memory, their inquiries are has been recommended by the committee of the mostly prompted by cases in their recent experience, American Bar Association and actually created in or by the latest text-books they have read. Too New York. The suggestion contains no feature often they are asked almost at random, and deal which threatens the right of the several counties to with a list of scattered points rather than any im- | decide for themselves to what extent they will portant and comprehensive doctrine of the law. recognize local traditions in matters of practice and Almost inevitably they deal with the points con- procedure. It is nothing more nor less than a sugtained in recent cases as most familiar to the ques- gestion that this bar association would do well to tioner; and such law can rarely be elementary or turn its attention to the problems of legal education of wide application. The very fact that it has been and admission to the bar, and begin a campaign of recently in question shows that the point was not education in this Commonwealth by supplying our long ago a doubtful one. To examine a class of local examining boards with the results of all that students searchingly and yet justly so as to learn is latest and best in legal educational science. In something more of them than their mere recollec- this way the local boards would be enabled (withtion of a few book phrases and a certain aptitude out an expenditure of time and labor which it is for guessing is not a light task, and requires care- impossible for them to make) to lay before their ful preparation. The United States is about the students a comprehensive and graded course of only nation in the world, we believe, where it is studies and finally to subject their students to a usually permitted to be done extempore, and much fair but searching examination of such a character of the decline in professional learning and profes- as will test, not memory merely, but their undersional character, so commonly lamented, may be standing and their reasoning powers. traced to this lack of well-trained and vigilant Personally, I am inclined to think that, certainly watchmen at the entrance gates.” Again, it is a at this stage of the solution of the problem of legal hardship for the student to be examined on three education, it would be a grave mistake to advocate years' work at a single sitting. He should be per- the erection of a central power which would control mitted to come up at the end of each year of prepa- the local bars against their will. I think that there ration, and pass off the subjects already studied. is, under the conditions which now exist in this Many other suggestions occur to us when we give State, a balance of advantages in favor of the dethe subject attention. Largely through the influ-posit of the power to admit to the bar with the local ence of one who is the honored guest of this bar judiciary and the delegation of that power to local association to-night, J. Newton Fiero, Esq., the boards of examiners. I am firmly convinced, howNew York Legislature has within a year actively ever, that these separate boards should not be exrecognized the need for reform in the matter of pected to add to their alrendy onerous duties the admission to the bar by providing that the examinations shall be conducted by a commission of three
See chap. 760, Laws of 1894.
WOMAN - POWER
task of solving knotty educational problems and of Abstracts of Recent Decisions. keeping abreast with all that is latest and best in educational science, while at the same time they are
HUSBAND AND WIFE WIFE'S SEPARATE PROPimmersed in the active practice of their profession.
ERTY.- The only test of the paraphernality of the This bar association, with representatives from
title of a married woman, during the existence of
the community, is to be found in proof of the every county in the State, many of whom have
existence, origin, and investment of her paraphernal served, and are serving, and will continue to serve
funds, under her separate administration and conupon the local boards of examiners, is in a position trol. (Rouyer v. Carroll [La.), 31 Atl. Rep. 292') to do a work of incalculable benefit to the cause of
MARRIED legal education by entering into correspondence
Where land is leeded to one on the express trust with these boards, and by making common cause
that he hold it for a married woman as a feine sole, with them in the way that I have suggested for the
free from any debts of her husband, she cannot, in attainment of the great end for which they are all
the absence of express power in the cleeil, convey it striving. If a representative committee of this without the joinder of the trustee; at least, where
ssociation were to agree upon a course of study in it was decided to the trustee prior to the adoption the essentials of the law and in the principles of of Const. 1868, art. 10, providing that the sepiajurisprudence which are of universal application. I rate property of a married woman may, with the feel sure that a large majority of our State judiciary assent of her husband, be conveyed by her as if she
were unmarried, as, even if that presents the imand of the local boards would adopt that curriculum as the course of study required of candidates for ad-position of restrictions, in a deed of trust for a mar
ricul woman, on her power of alienation, it does not mission. Such a committer would clearly distin
affect a prior trust. (Kirby 1. Boyeite V. Car.', guish between the study of branches of substantive
21 S. E. Rep. 697. law in regard to which the east and west and north
MUNICIPAL CORPORATION and south of our Commonwealth are at one, and the
- Permission granted by a municipality to private study of matters of practice and procedure with re
parties to construct drains on highways amounts spect to which a difference of opinion or custom only to il revocable license. (Eddy 1. Granger may well prevail in different portions of the State. | (R. I., 31 11. Rep. 831.) Our central committee could suggest courses in con NEGOTLABLE INSTRUMENT. Where one invests tracts, torts, real property, equity, corporations, the paype of a note with the apparent title to it, crimes, partnership, evidence, constitutional law, and a trust deed securing it, an indorsee of the note wills and administration, Pennsylvania statute law, and deed will take them maffected by any private etc., etc., coupled with a recommendation of the agreement between the payee and the maker. best text-books and case-books that from time to
(Travelers' Ins. ('o. v. Redfield [Colo.], 40 Pac. time make their appearance in these fields, together Rep. 195.) with references to such current periodical literature as will throw light upon the student's work. Such
Correspondence. a work done by a representative body and not put
UNIFORMITY IN STATE LAWS. forth with any assumption of the power to com
Eilitor or the blbumy Luvir Journal: mand, or with any show of superior learning or intelligence, but solely upon the basis of that com If you and your able correspondents succeed in munity of interest which subsists between those the very laudable effort which has engaged your who are engaged in a common work, would un attention for the last six months, and induce the doubtedly command respect, and would, in my Congres of the United States to pass a well conjudgment, receive on every hand the most careful sidered act, establishing it bureau or commission consideration. It is my earnest hope that the charged with the duty of persuading the various Pennsylvania Bar Association will enter upon the States to enact something like a mniform system of field to which I have endeavored to direct attention, laws governing such general subjects as are liable to for I feel sure that no department of activity is affect alike the common interests of all the people open to us in which there is more good work to be in all the States of the l’nion, you will be justly endone, and that there is none in which our efforts titled to go down the ages not only as patriots, but can be put forth with greater hope of success than as public benefactors in the field of legal ellucation and admission to the No one acquainteii with our l'onstitution, ind bar.
the limited powers of the Federal government, will