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                    <text>SERIES IV

AUGUST-OCTOBER, 1905

NUMBER II

NORTHWESTERN
UNIVERSITY
CHICAGO-EV AN STON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS CHICAGO

PUBLISHED QUARTERLY BY

NORTHWESTERN UNIVERSITY

�NORTHWESTERN UNIVERSITY :•i: . ,
Evanston-Chicago
The University comprises the following departments of instruction, each having a distinct Faculty:
THE COLLEGE OF LIBERAL ARTS, in Evanston,
Founded in 1851, opened in 1855.

THE MEDICAL SCHOOL, in Chicago,
Founded in 1859.

THE LAW SCHOOL, in Chicago,
Founded in 1859.

THE SCHOOL OF PHARMACY, in Chicago,
Founded in 1886.

THE DENTAL SCHOOL, in Chicago,
Founded in 188?'.

THE SCHOOL OF MUSIC, in Evanston,
Organized in 1895.

The following non-degree-conferring departments are maintained by the University:
THE ACADEMY, at Evanston,
Established in 1860.

GRAND PRAIRIE SEMINARY, at Onarga, Illinois,
Founded in 1863.

THE ELGIN ACADEMY, at Elgin, Illinois,
Chartered in 1839, opened in 1856.

Garrett Biblical Institute, a theological school authorized by
its charter to confer degrees in divinity, is established on its own
foundation and under separate management. The buildings of the
Institute are on the University campus in Evanston, and the
school is in close co-operation with the University.
The Norwegian Danish Theological School in Evanston is affiliated with the Institute.
The Swedish Theological Seminary is an independent school
located on the University campus in Evanston.
The Cumnock School of Oratory is conducted on the University
campus in Evanston.
The Interstate School of Correspondence in Chicago is affiliated with the University, its certificates in academic courses being
accepted at their face value toward meeting the entrance requirements in any department.

�QUARTERLY BULLETIN OF THE
SCHOOL OF LAW

CONTENTS OF NO. 2, SERIES IV .
.AUGUST-OCTOBER, 1905.

I.

Page.
Chronicles of the Law School. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. Change in Faculty ......... ... . . ................. 3
2. Library Items.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3. International Law Prize Fund . . ........ . . .... ... . 3

4. Annual Banquet of the Alumni Association June 15.
5. Commencement Exercises June 17. . . . . . . . . . . . . . . .
II. list of Addresses in the Course on Legal Tactics for
1905-1906 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
III. Legal Advice Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IV.

3
4
7
9

Address on The Acquisition and Retention of a Clientage
by Frank Asbury Johnson, Esq., President of the Chicago Bar Association 1903-1904 .. ....... . ............. 10

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

Copyright 1905, by Northwestern University.
Entered at the Post-office at Chicago, Ill., as Second-class matter.

��I.
CHRONICLES OF THE LAW SCHOOL.
1. Ohange in Facult'&gt;}. Professor Charles Cheney Hyde has
resigned from the courses in Commercial Paper and Carriers and
these subjects have been assigned to Professor Louis M. Greeley
in addition to the courses in Conveyancing and Mortgages hitherto conducted by him. Professor Greeley will remove his office to
the Law School and may be found there continuously after S'eptember 25th.
2. l.,ibrary Items. Through a ·generous cash donation by one
of its graduates the School has been enabled to materially increase the library during the summer. The additions will be
chiefly in English and American Reports and will include duplicate sets of Illinois Supreme and Appellate Reports and United
States Supreme Court Reports.
Nearly one thousand bound volumes have been added to the
Gary Library of Continental Jurisprudence.
A representative of the Law School is visiting and investigating the law libraries of Northern Europe with a view of determining further additions necessary to complete the Gary Collection, and in pursuit of such information as will be valuable in
building up the Law School Library in general.
3. International Law Prize Fund. Through Professor Hyde
the sum of $700.00 has been donated to the School, the income to
be awarded as a prize, every two years, for an essay on some
subject of Public International Law.
4. Annual Banquet of the Alumni Association. The Annual
Banquet of the Alumni Association was held in the Assembly
Room of Northwestern University Building on the evening of
June 8, the first time in the history of the School that this function has b·een held in a University building. A reception in the
Law School quarters preceded the serving of the dinner, at which
Thomas M. Hoyne, Esq., President of the Association, presided.
After the dinner had been served, interesting speeches were
delivered by President Hoyne, '66; Hon. Edgar B. Tolman,
'82, counsel for the corporation of Chicago; Hon. George A. Dupuy, '82, Judge of the Superior Court of Cook County; Hon.
Robert E. Pendarvis, '87, chairman of the Chicago Charter Legis-

3

�4

BULLETIN OF THE LAW SCHOOL.

lation Committee of the Forty-seventh General Assembly; Dr .
Thomas F. Holgate, Acting President of the University; Richard
Lee Boggs, Esq., '05, and Hon. Oliver H. Horton, '63.
The Nominating Committee reported the following nominations and the ticket as reported was unanimously elected:
President, Thomas J. Holmes, '85.
First Vice-President, Robert E. Pendarvis, '87.
Second Vice-President, James R. Mann, '81.
Third Vice-President, James B. Rockafellow, '75.
Fourth Vice-President, Alvin H. Culver, '95.
Secretary, Jerome J. Cermak, '02.
Treasurer, Otto R Barnett, '88.
5. Commencement Exercises. The forty-seventh annual Commencement exercises of the University were held at the Auditorium, Chicago, on Thursday, June 15. The Commencement address was given by Bishop Wm. F. McDowell. The total number of degrees conferred was as follows:
Master of Arts, Science, or Letters, 22; Bachelor of Arts, Science, or Letters, 117; Doctors of Medicine, 144; Bachelors of
Laws, 56; Pharmaceutical Graduates and Chemists, 110; Doctors
of Dental Surgery, 215; Graduates in Music, 5. One student from
the Law School, Otto Gustaf Ryden, received a Master's Degree,
and 8 students from the Law School-Max Murdock, Elmer Francis Blu, Fred Landin McKinney, Albert Henry Nash, Frank Oscar
Smith, Horace Greeley S-mith, George Marsden Stevens, and Royal
Andrew Willson, received a Bachelors' Degree from the College
of Liberal Arts.
The Cal-laghan Prize, for the highest scholarship throughout
the entire law course, was awarded to Rex Mackenzie.
The Towle Prizes for proficiency in public speaking were
awarded as follows: First prize, William Harrison Haight; second prize, Charles Edward Swanson.
The Mitchell Davis Follansbee Prize for the best thesis on the
subject of "Legal Ethics," was awarded to Norris Burt Cline.
The names of the recipients of the degree of Bachelor of Laws
are as follows:
Banning, Walker.
Bartlett, Josiah Caief,
A. B., Harvard University.

Barnes, George Cuyler.
Bell, Eugene Wllitman,

B. S., Northwestern University.

Boggs, Richard Lee.

�CHRONICLES OF THE LAW SCHOOL.
Barnham, Frederic,

A. B., Yale University.

Casebeer, Arthur Josiah.
Coman, Warren Eugene,

Kansas Normal College.

Capron, Clyde,

A. B., University of Illinois.

Clark, Robert Burns.
Cline, Norris Burt.
Combs, Ben.
Dillard, Jesse Richard,

A. B., Livingstone College.

Dobbins, David Cleveland.
Eggert, Alfred Robert.
Eppstein, Aaron Rudolph,
University of Chicago.

Ewen, Wm. R. T., Jr.
Fifer, Ernest Reynolds,

B. S. , Northern Indiana Normal College.

Freeark, Frederick Aaron,

A. R., Harva.l'il TTnivPrsity.

French, Howard Preston.
Fulton, Louis Reginald,
A. B. , Knox College.

Herman, Charles Jacob.
Howser, Roy Elrod,
Simpson College.

Kagy, David Dudley,

B. A., Findlay College.

Lewis, Harry Che·s ter.
Lighthall, Henry Schuyler.
Linker, Myer.
Ludolph, Clarence A.
Lynde, Cornelius,

A. B., Williams College.

Mackenzie, Rex,

A. R., PrincP.ton TTniv&lt;'rsi t y.

Martin, Harry Alvin.
Meusel, Oscar Moretz.
Muller, Bernard Peter,

LL. B., Northern Indiana Law School.

Murdock, Max,

A. B., Northwestern University.

Oldfield, William A.,

A. R., NorthwP.stPl·n TrnivP.rsity.

Otjen, William John.
Osborn, Harold Sayre,

A. B., Williams College.

5

�6

BULLETIN OF THE LAW SCHOOL.

Ott, John Nash,

A. B., AmbPrst CollPgP.

Penhallow, Arthur Lincoln,

A. B., Harvard University.

Perrill, George Andrew,

R. S .. Kansas WP.slP.yan TJnivP.rsitv.

Potter, Delos Demont,
Kansas College.

Quitman, Walter.
Robinson, Charles Henry.
Rosenblum, Harry Moses.
Ryden, Otto Gustaf,

Pb. B., NortbwP.stPrn TJniversity.

Sadler, Monte Hanauer.
Sargent, Jean Feni.
Schmitt, Felix Harold.
Scheiner, Frank Henry,

Pb. B., Northwestern University.

Schultis, Charles Rooney,

A. B., St. Francis Solanus College.

Stratton, Frank Stephen.
Strickland, Amos Aaron.
Stowe, Herman Wilmer,

B. S., Northwestern University.

Waltmire, George,

UJSiversity of Ohio.

Ward, Charles Ambrose.
Webb, Samuel Edwin.

�II.

LIST OF ADDRESSES IN THE COURSE ON
LEGAL TACTICS FOR 1905-06.
(Fourth Annual Series.)
All addresses are given on Monday evenings, in Hurd Hall of
the Law School, third floor, Northwestern University Building,
Lake and Dearborn streets, and begin promptly at eight o'clock.
All persons interested in the practice of the law are invited to
attend the lectures. No fee is charged.
Oct. 9. A cquisition and Retention of a Olientage. Frank J .
Loesch, Esq. (of the firm of Loesch Brothers &amp; Howell, Counsel for the Pennsylvania Railroad).
Oct. 16. The Practice Acts of Illinois. Keene H . Addington, Esq.
(Joint Editor of Jones &amp; Addington's Supplement to
Starr &amp; Curtis Annotated Statutes of Illinois).
Oct. 23. Municipal Contracts and Securities . Chester B. Masslich, Esq. (Attorney for Farson, Leach &amp; Co.).
Oct. 30. The Work of a General Attorney for a Corporation or
Business House. James C. McMath, Esq. (General
Attorney for the International Harvester Co.).
Nov. 6. Railroad Litigation. Robert J. Cary, Esq. (of the firm
of Glennon, Cary, &amp; Walker, Attorneys for the Lake
Shore Railway).
Nov. 13. P ersonal Injury Practice. Andrew J. Hirsch!, Esq. (of
the firm of Rosenthal, Kurz &amp; Hirsch!).
Nov. 20. Appellate Court Practice. Edwin W. Moore, Esq.
Nov. 27. Drawing Judicial Decrees. Geo. A. Carpenter, Esq. (of
the firm of Pence &amp; Carpenter).
Dec. 4. Practice Under Board of Trade and Stock Exchange
Rules. George P. Merrick, Esq. (ol:' the firm of Merrick &amp; Ramsay).
Dec. 11. Preparat ion of a Case for Trial. Edwin M. t..shcraft,
Esq. (President of the Chicago Bar Association 19011902).
7

�BULLETIN OF THE LAW SCHOOL.

8

Dec. 18.
Dec.
Jan.
Jan.
Jan.
Jan.
Jan.
Feb.
Feb.
Feb.
Feb.
Mar.
Mar.
Mar.
Mar.

Theodore K. Long, Esq.
( General Counsel for the Illinois Life Insurance
Company).
25. (Christmas Recess. No Address.)
1. (Christmas Recess. No Address.)
8. Abstracts of Title and Conveyancing Practice. Abram
M. Pence, Esq. ( of the firm of Pence &amp; Carpenter).
15. Banking and Trust Company Practice. William S.
Miller, Esq. (Attorney for the Northern Trust Company.)
22. Methods of Keeping and Using Public Records. Abel
Davis, Esq. (County Recorder for Cook County).
29. Ways and Manners of Judges. Edward M. Winston, Esq.
5. Federal Practice. Charles B. Keeler, Esq. (Assistant
General Solicitor Chicago, Milwaukee &amp; St. Paul Railway) .
12. Practice Before Masters in Chancery. Victor M. Elting,
Esq. (Master in Chancery, Superior Court).
19. Practice Before Police Magistrates. John R. Caverly,
Esq. (Chicago City Police Magistrate).
26. Practice Under the Federal Customs Laws. William
Brace, Esq. ( of the firm of Defrees, Brace &amp; Ritter).
5. Bankruptcy Practice. Frank L. Wean, Esq. (Referee in
Bankruptcy for the Federal Court).
12. Prosecution Uncler Municipal Orclinances. George H.
Kriete, Esq. (Assistant Prosecuting Attorney for Chicago).
19. The RevisecZ City Cocle of Chicago. Roswell B. Mason,
Esq. (Compiler Revised Chicago Code).
26 . Practice Uncler the New Municipal Court A.ct. Hiram
T. Gilbert, Esq.
Life and Benefit Insurance.

�III.
LEGAL ADVICE CLUBS.
Alumni of the School are invited to send in statements of facts of live cases in their office on which a brief
will be submitted by members of the Senior Class working
under the direction of an instructor. Facts should be submitted
as far ahead of the date on which the brief is desired as possible.
The course is designed to give practical training to the students,
credit is allowed as for class-room courses, and it is believed that
the results will be of increasing value to the Alumni; but to
accomplish this students should be given ample time to work up
their briefs since they are obliged while doing so, to keep up their
regular studies in the school. The Law School opens September
25th and the Senior Class will be organized for work in this
course by October 1st. Case statements should be addressed to
the Secretary of the Law School and should be made up as follows:
1.

2.

3.

4.

5.
6.

Na11i e ancl Class.
Office Adclress.
Date of Sending.
Last Date for Desirecl Answer.
Statement of Facts.
Precise Kind of Advice Desirecl.

(ALL CASE STATEMENTS SHOULD BE FORWARDED IN
TRIPLICATE.)

9

�IV.
THE ACQUISITION AN D RETENTION OF A
CLIENT AGE.
BY FRANK ASBURY JOHNSON, ESQ.,

(P.resident of the Chicago Bar Association 1903-04.)
An address delivered in Booth I-Iall, JJ[onday, October 21, 1904, in the
coui·se on Legal Tactics.

When your Dean invited me to address you upon the topic of
the Acquisition and Retention of a Clientage, I admitted to him,
in writing, that I knew nothing concerning the acquisition of
clients, as those I have had during the past thirty-three years sim·
ply came to me, or were sent by friends or by other clients. I do
not now recall that I ever acquired one myself; but I do remember that one gentleman rode with me on an Illinois Central train
several times each week for about five years, and finally inquired
in what business I was engaged!
A matter admitted does not usually require proof, buts another instance may be mentioned. My better half, who has lived
with me over thirty years, and in Chicago, was stopped upon the
street on her way to my office, by a woman who inquired whether
she knew a reliable lawyer in Chicago, and she promptly replied
that she knew several, and immediately glanced at signs on opposite office windows and said: "There is Mr. Blank's office. I am
acquainted with him, and he is a reliable lawyer." When she
entered my office the familiar cases of books recalled to her the
fact that her husband was engaged in the practice of law. It was
not deemed advisable to inquire whether she deemed him
reliable.
The subject as framed might include a consideration of the
means sometimes employed in Chicago for the acquisition of
clients, by advertising in newspapers, by employing agents to
hover about police stations to learn promptly of accidents by
which personal injuries are sustained, to follow the injured to
10

�ACQUISITION AND RETENTION OF A CLIENTAGE.

11

hospitals-called ambulance-chasing- and to secure the execution
of contracts for the institution and prosecution of suits for the
recovery of damages, upon contingent fees,-by contracts made
with physicians and surgeons whereby they become agents for
attorneys in such cases, as well as valuable witnesses in relation
to the nature and extent of the injuries sustained by the patient
and client, and also the practice of investigating suits brought
each day, obtaining the names and addresses of defendants, writing to them and tendering services. Many clients are obtained in
the manner indicated, but all such means are r egarded as grossly
unprofessional, and are mentioned only to be avoided.
What the subject really involves is consideration of the proper
and professional means by which clients may be acquired, and
th en how they may be retained; and it may be safely predicted
that the proper course pursued to acquire clients will at the same
time greatly aid in retaining them.
Clients are all human beings. Some manage what are sometimes called soulless corporations. But we deal with men and
women, and therefore the first essential is acquaintance, and that
should be constantly extended. This acquaintance with people
may properly be acquired by membership in clubs, college fraternities, churches, bar associations, political organizations, local
organizations for civic improvement, and by taking an active part
in all effective movements for better local government and administration-in brief, by becoming an earnest and active American
citizen in the broadest sense, a champion of good government and
honest administration, and not a mere selfish hunter for clients
and fees. One must first become a good citizen before he becomes
a good law yer worthy of clientage; for upon the bar must the people rely for good and constitutional legislation, and for proper
administration of the law.
By correspondence or otherwise, keep up your acquaintance
with your early school and college mates, whether or not they
were your personal friends , and inform them of your location and
vocation.
Cultivate assiduously a retentive m ~mory of faces and names,

so that, when you again meet a person to whom you have once
been introduced, you will promptly recognize him and address
him by name. The acquisition of this power is of supreme importance, and it is so rare that it will give you an inestimable
advatage. The one so addressed regards it a personal compliment, and also as evidence of your strength of mind, and of your
personal interest in hin as an individual man among multi-

�12

BULLETIN OF THE LAW SCHOOL.

tudes. It will also create in him an interest in you. No one accomplishment, in my opinion, will contribute so largely to your
success in extending acquaintance, and in acquisition of clients.
Perhaps you may be best aided by some suggestions as to the
scope and range of the profession in the affairs of life and your
duties towards clients. The law has ever been classed as one of
the learned professions, and in that connection the mind at once
includes scientists, physicians, linguists, and clergymen, and we
readily mark the ordinary boundaries of the life of each class;
but one is bold who will attempt to define, or even conceive of, the
range a conscientious lawyer must take during his professional
life. Astonishing, but I believe true, is the proposition that there
is nothing in the arts, trades and sciences, or that relates to
human character, action or affairs, that a lawyer can afford not to
know. It may be stated that there is nothing of good or of evil
that he can afford not to know, as, knowing the evil, he is better
prepared for combat. In the ordinary course of a long practice
a lawyer is practically sure of being able to use, in some way,
all the knowledge he has ever acquired, and above all others the
profession and practice of law calls for universal knowledge. The
minister prepares his sermon in the quiet and seclusion of his
study, delivers it to a congregation of those who listen only and
can not question any theories or propositions advanced; the physician passes his life in chambers and hospitals ministering to the
sick and dying as best he may; and the scientist usually confines
his efforts in narrow, though important, fields of human
activity. Who would have the temerity to fix the bounds of the
work of a lawyer? He is frequently required to avail himself
of the knowledge of the physician, the surgeon, and the scientist,
and apply that knowledge to the affairs of his clients. In one case
he must have an extensive knowledge of the human anatomy and
the nerve system, in another of the effects of certain medicines, in
another of the operation of machinery, in others of architecture,
the consecutive steps in building construction, of the customs
of trade, of means of ·transportation, and sources of supply. As
the representative of a manufacturing company he should become as familiar with its resources, its methods and course of
business, as the manager-become, in fact, an assistant manager.
A lawyer's vocation is not one in which kid gloves, a monocle,
and twirling cane are appropriate indicia, but is rather one in
which he has acquired, or should acquire, as much as possible of
the practical knowledge each particular client has in relation to

�ACQUISITION AND RETENTION OF A CLIENT AGE.

13

the business in which he is engaged. Expel the idea that to be
professional you must indicate ignorance of mechanics, or of matters generally known by mechanical workers; instead, endeavor
to learn all each client knows about his own business; and then
learn more than he knows, and aid him by your superior knowledge. A Yankee lawyer who can not successfully use mechanical tools has lost an important part of his birthright. When you
are retained in a case for a mechanic's lien, become familiar with
the plans, specifications and contract, with the meaning of all the
technical terms used, the orderly course of construction, the
times for the necesary delivery of materials,- in brief, become a
builder, and in every case, as nearly as possible, acquire a
thorough practical knowledge of the matters involved; and always
remember that the evidence is the most important part of a record.
The proper drawing out and presentation of the evidence requires
this practical knowledge.
An illustrative instance may be given. Upon my arrival in
Chicago in the fall of 1869, I became a clerk of a firm of wealthy
lawyers, one of whom was building several houses. A painting
contractor brought in a bill for about $1,500 for extra work and
material involved in a change in specifications from graining to
white polish finish of certain rooms. I heard discussions, and
later, the unwilling decision to pay the bill, and I then informed
my employer that I had some practical knowledge of the matter,
and obtained the contract, specifications and bill, and made an
estimate of work and material required by the contract, step by
step, and then in like manner for the work actually done and
materials used. A few days afterward the contractor again called
and was sent into my room, when I went over the work again,
obtaining his assent at each step, and both arrived at the inevitable conclusion that the work done was worth about $250 less
than the work specified in the contract, and that he had been overpaid that amount. In the event of a suit, a successful cross-examination would have required the practical knowledge used in
making that settlement. You may safely follow the example of th e
venerable white-haired judge who now ranks all others in this
state in length of service, in his wide practical, as well as technical, knowledge, and his habits of observation. Whenever he
sees a machine or article new to him he will stop, investigate and
learn all about its use and construction, and it has rarely happened that he has been obliged to ask explanations by a mechanical or other expert witness.
Your clients are entitled to aemana of you thorough prepara-

�14

BULLETIN OF THE LAW SCHOOL.

tion. For the trial of a cause this involves a most careful examination into the facts as they will probably be established by
evidence, then the statute, if any, applying to the particular facts,
and, lastly, of the common law and decisions of the courts in similar cases. This order of procedure in making preliminary investi- gations is deliberately stated. The ascertainment of facts and the
legal means of establishing those facts is of primary and controlling importance, as only to ascertain facts is the law applied.
Here the interests of the client and the attorney's duty toward the
court require most careful and extensive investigation and briefing of authorities, that all the law upon the particular point involved may be presented to the court.
Your clients are entitled to the application of all your time,
your best thought, and the exercise of all your powers. The law

is a jealous mistress, and clients are jealous masters, and rightfully. By this statement a large field of action is covered. It involves the fact that you can not successfully carry on the practice
of law, and at the same time have your mind employed in business or speculative schemes for making money. When the mind
is held to the affairs of clients entrusted to you, new points and
views unfold to you in a startling manner, in all your wakeful
hours, and under unaccountable circumstances. Flashes of light
seem to break in upon sensitized films of the mind, to clearly
record and fix your newest thought, and to print them for filing in
the cabinet of memory. WheR you drop the client's burdens
which you have assumed, enter the field of money-making, and invest your savings in speculative enterprises, you rob your clients
of your thought and time, which belong to them, and may con·
tinue oR that course until you rob them of their money. Flight
from the country and the suicide's grave are the natural results
of departure from your clear duties. Over the door of every
temple of justice should be carved the motto: "Abandon hope
of wealth, all ye who enter here."
To the statement that clients are entitled to the exercise of ,all
your powers, it may be added that they are entitled to have those
powers maintained at their highest point of efficiency, The practice of law in many respects resembles the life of a commanding
soldier. It is a life of continual contest and preparation for contest. It demands that the body be kept in the most vigorous con·
dition to endure the nervous strain of work through many days,
and late into successive nights. The boundaries between days and
nights, week-days and Sundays, must at times be lost in the allabsorbing contests. There are many battles of Liaoyang in the

�ACQUISITION AND RETENTION OF A CLIENTAGE.

15

practice of law in which endurance is tested to its limits. In
these contests, dissipated weaklings drop by the wayside, and the
tireless succeed in command. To perform his full duty toward
his clients, the lawyer must keep his body in perfect condition by
proper physical exercise and good personal habits. An addled
brain and a weak stomach, resulting from a night of debauch,
brand him as a traitor to his clients, as surely as a self-inflicted
disabling wound by the soldier during battle marks him a traitor
to his country. To maintain the best physical and mental condi·
tion it is necesary to avoid other bars and to confine yourself to
appearance before the bars of the courts. At the present time
there is no difficulty in Chicago in distinguishing one from the
other,-though up to a few years ago, when masses congregated
before the bars of our courts with hats in hand and lighted cigars
between their fingers, a mistake might easily have been made.
That your clients may have your best service you must so
manage your private affairs as to be free from any anxiety and
care. This requires that you avoid indebtedness, live within your

income, and save something each year. They are also entitled to
Upon the re·
ceipt of money for them, Immediately terminate the trust arising
from that situation by making delivery to the owner, together
with your bill .
With every client have a definite agreement as to your rate of
compensation for services, and render frequent statements. Frequent settlements make long friends. An ideal course of practice
would eliminate the subject of compensation; yet few men of
wealth have the energy required to carry on a successful practice.
The work is done by those who must require compensation, and
adequate compensation is the danger point-a rock on which there
are many wrecks. More than fifty per cent. of the complaints
made to a committee of the Chicago Bar Association, charging
unprofessional conduct, have their base in contentions relating to
the value of services rendered. By definite agreement you will
avoid this danger, and will be free to devote all of your
thought to the work of your clients, and to consider only their
interests.
When possible, it is important to hava frequent consulations
with your clients, and to keep them fully informed of the work
you are doing, of what you regard as the pivotal point in a case.
and of the results of your investigation of the law. In that way
they will learn the nature of the service you perform, the care and
thought you bestow, the preparation you must make before the
prompt service performed in a business-like way.

�16

BULLETIN OF THE LAW SCHOOL.

first gun is fired in the opening battle. Clients so informed are
not likely to contest your charges. They remain your friends , and
advertise your merits. Ninety-five out of every hundred disputes
as to adequate compensation arise out of an inadequate conception of the labor performed and the time necessarily consumed.
In some cases it is necessary to insist that your client shall join
in your daily work and share in the responsibility. I recall one
of that kind in which an officer of a corporation was my attendant in the taking of a large number of depositions, in every preliminary proceeding In court, and during the entire hearing In
court. He also studied with intelligent care the lengthy brief
and argument prepared, and knew the necessity for, and the
nature of, the work done each day. Through him my final bill
was promptly paid, and I was then presented with a check for a
handsome bonus.
Another suggestion is that you rely upon hard and continuous
work, and not on oratory. The intelligence of American citizens
has reached a stage of development where they can calmly consider the facts and the law applicable to those facts, and can not
be swayed by finely rounded periods. They take such displays as
Fourth of July pyrotechnics, and are simply entertained. The
legal career of this oratorical display-lawyer is not unlike that of
the rocket. He rises rapidly with great noise and display, then
explodes and disappears. There is no calling in life in which
"good horse sense" is in better demand and in which modesty is
more appropriate.
If the Jaw can be regarded as an exact science, the practice and
application of Jaw can not be regarded as productive of certain
result. We know definitely the law applicable to a particular
state of facts when the highest court of appeal has affirmed a
judgment or decree, and has denied a petition for rehearing.
Duties to your clients and to the courts require that you be
diligent and exact-diligent in your search for authorities and
exact in your statement to the court of what they contain; and
here we meet the most severe test to which a lawyer is subjected.
The judge is presumed to know the law. As a fact we know that
he can not know all the law applicable to all of the cases heard by
him, and a most important part of our duty to clients and the
court is to gather and present to the court the authorities on
which we rely. There are times when these duties seem to conflict. You have examined the decisions apparently both for and
against the legal theory for which you contend, and it develops
upon argument that your adversary has been negligent and is ill

�ACQUISITION AND RETENTION OF A CLIENTAGE.

17

prepared. To your knowledge there are decisions which he should
present, but of which he is not informed. You may argue, in your
own mind, that you were employed to ascertain the law on your
side of the case, and that it was the duty of your adversary to
learn and present the conflicting authorities, and that by doing
what he should have done you are helping your adversary to the
injury of your own client. You then, on the contrary, reflect on
your duty to the court to aid the court in ascertaining the law.
Yet it is but a seeming conflict of duties. Your clear duty, both to
your client and the court, is to present to the court the apparently
conflicting decisions, that all may be considered and a correct decision reached. A litigant is entitled only to what the law allows,
and your highest duty is to earnestly aid in the administration
of the law as it exists. Another test comes when you have found
a section in a clerk-made text-book which states the law exactly as
you want it to be, and states it with all the confidence of inexperience and ignorance. Caution has led you to examine with care
the cases cited, and you have ascertained that they do not sustain
the text. Can you properly present that section to the court as
established law, and leave it to your adversary to demonstrate
that it is not sustained? There can be but one answer to this
question. Your clear duty is to call the attention of the court
to the section, state that you have carefully examined the ·citations, and that, in your opinion, they do not sustain the section
in the broad and comprehensive language used. This recalls a personal experience of ancient date, when the present law of corporations was in comparative infancy. The bill was based upon a
judgment against a corporation, and it was sought to charge stockholders with unpaid subscriptions for stock, and to charge purchasers with amounts unpaid upon their stock. A large number
of solicitors represented thl various uefendants, many of them,
probably, without adequate compensation. As usual, one took the
lead upon argument before the master, and presented a section
from a text-book then recently constructed according to plans and
specifications, which so stated the law as to make a complete defense. In reply, an analysis of each of the dozen or more cases
cited was made, and it appeared that no one of them sustained the
text and many of them announced an opposite conculsion. Eternal
diligence is the price of success.
It is equally important that in your statements to the court, as
well as in all other matters, you be exact, and that you state all
that is necessary to be known. Judges soon learn upon whom
they can safely rely for comprehensive and accurate statements of

�18

BULLETIN OF THE LAW SCHOOL.

the facts involved ·in decided cases, and of the language used in
op1mons. Never argue a view, construction, or application of law
which you do not believe to be sound. You are before the bar not
only as the representative of your client, but also to aid the court
in arriving at a just conclusion in pursuance of law, and the judge
appreciates far better than your client the results of your industry. Repeated demonstrations of such service will lead him
to mention you in favorable terms, and you may look in vain for
better influences. After a few years of practice before a particular judge, he can take your measure in diligence, · accuracy of
statement, honesty, and fairness, better than all your clients and
friends; and if you have not acquired his good opionion it should
be a matter for profound introspection.
Remember at all times that interests of clients, and not your
own, are the matters to be considered, and when your investigation has resulted in grave doubts of the merits of a case or defense, advise, and even urge, a compromise on a reasonable
basis.
The limitless range of your work will involve the consideration of unpleasant domestic relations, and places you in a position
where the happiness or misery of many lives will depend upon
your wise and unselfish action. Years of observation of court proceedings will tend to lead you to the conclusion that there is narrow application for the injuction: "Whom God hath joined together, let no man put asunder." As only the unhappy ones consult you, the tendency of your study of domestic life is more likely
to lead yo1,1 to the conclusion that marriage is a purely civil contract, to be continued so long as it seems desirable, and for which
the contracting parties only are responsible. Here your legal
acquirements are of little avail. Your client first needs you in
your capacity as his, or her, best friend. The first and controlling
thought must be how you can bring about harmony between them,
and enable them to live out a happy married life. All your
knowledge of human nature, of the trying times in married life,
and of the unhappiness arising from the destruction of homes,
should be applied with your utmost skill. No good lawyer e,el'
derived satisfaction in reflecting upon divorces he has secured,- ·
nor a greater joy than in thinking of families continuing to live
happily by means of his interposition.
You have ·also some affirmative duties devolving upon you. After
a few years of practice you will have learned much of human
nature, of covetousness, of clever schemes to defraud, of which
ordinary clients have no conception. The position of the true law-

�ACQUISITION AND RETENTION OF' A CLIENTAGE.

19

yer makes him, in a large sense, the guardian of the estates or
his clients, and makes it his duty to warn them of danger of loss
which they do not suspect but he can clearly forsee. In' !act,
many need to be protected against themselves in their desire to
add rapidly to their possessions by purchasing mining, oil, and
other stocks promising large dividends. A practicing attorney in
a large city learns more in a few months of the preconceived
fraudulent character of corporations organized for the purpose of
selling stocks than the average client learns in a lifetime. In
fact, the organizers frequently seek the professional aid of attorneys of good standing to give an appearance of respectability to
their business, and in the course of time you will have opportunity to decline to serve in rendering such aid.
A most important feature of your professional lives will be
your relations to fellow members of the bar. In those relations
modesty is appropriate, perfect confidence is generally merited,
and hearty good will and brotherhood should be, and generally
is, the rule of conduct. Let your conduct be such that your word
is as good as your bond with unquestioned security, Make stipulations in writing, to avoid misunderstanding. When made by
parol, take care that they are understood; and then faithfully perfrom. It is believed there is no other class of people in the world
in which such implicit confidence is mutually bestowed by parol
agreements. It is hardly necessary to observe that a lawyer
should at all times and places be a gentleman in the best sense
of the word. Clients are best served by gentle, manly conduct, even
in heated contests, and courts are best aided. Let the general verdict upon you be "A gentleman and a good lawyer."
It is practically certain that in any particular instance
a good lawyer will gradually develop a special aptitude for, and
interest in, some particular line of practice, as the trial of jurycases, or the presentation or defense of chancery cases, between
which there is a difference so wide as to frequently prod~ce a
perceptible effect upon moral character. It is one of the many glorious features of a lawyer's life that he may not only pursue a
branch of practice in which he finds special delight, but that such
practice naturally comes to him as an indirect result of special
efforts. To the people it may well he said of lawyers: By their
works shall ye know them. To you who are about to start in
practice it may be said : By your work shall you become known.
The subject assigned for this evening was : The acquisition
and retention of clientage.
The practice of law is a vocation which demands the highest

�20

BULLETIN OF THE LAW SCHOOL.

possible degree of confidence on the part of clients in the diligence, skill, learning, vigilance, devotion, honesty and unselfishness of their attorneys. It is a vocation in which that confidence
is worthily bestowed. I would, therefore, say: Acquire clients
by meriting and gaining that confidence from each one with whom
you have dealings. Retain them by so conducting yourselves as
to continue to merit that confidence.

�DIRECTORY
The special announcements of the several departments of th,i
University may be had on applications addressed as follows:
COLLEGE OF LIBERAL ABTS, The Registrar, University Hall, Evanston, Ill.
MEDICAL SCHOOL, The Secretary, 2421 Dearborn Street, Chicago.
LAW SCHOOL, The Secretary, Northwestern University Bldg., Chicago.
SCHOOL OF PHARMACY, The Dean, Northwestern University Bldg,,
Chicago.
DENTAL SCHOOL, The Secretary, Northwestern University Bldg.,
Chicago.
SCHOOL OF MUSIC, The Secretary, Music Hall, Evanston, Ill.

For Information concerning the non-degree conferring departments, address
THE ACADEMY, Evanston, Ill.
PROF, ABTHUB H . WILDE, PH. D., Acting Principal.
GRAND PBAIBIE SEMINARY, Onarga, Ill.,
R.Ev. FRANK G. BARNES, D. D., President.
ELGIN ACADEMY, Elgin, Ill.,
MB. GEORGE E. SLEIGHT, A. B., Principal.

For Information concerning the Theological Schools, address as
follows:
GABBETT BIBLICAL INSTITUTE,
REV. CHARLES J . LITTLE, LL. D., President.
NORWEGIAN-DANISH SEMINARY,
REV. NELS E. SIMONSEN, D. D., Principal.
SWEDISH THEOLOGICAL SCHOOL,
REV. ALBERT ERICSON, D. D., President.

For information concerning the School of Oratory, address
PROF. ROBERT L. CUMNOCK, L. H. D., Director,
Evanston, Ill.

The Interstate School of Correspondence is located in the
Studebaker Building, 378-388 Wabash Avenue, Chicago.

�"

(ii

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                <text>SERIES IV AUGUST OCTOBER       NUMBER II NORTHWESTERN UNIVERSITY CHICAGO EV AN STON BULLETIN OF THE SCHOOL OF (UNION COLLEGE OF LAW) FOUNDED LAW OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY  •   .QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF NO.    SERIES IV . AUGUST OCTOBER      . Page. . Chronicles     Law School. . . . . . . . . . . . . . . . . . . . . . . . . . . . Change   Faculty ......... ... . . ................. . Library Items.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . International Law Prize Fund . . ........ . . .... ... . . Annual Banquet     Alumni Association     . . Commencement Exercises     . . . . . . . . . . . . . . . . II.     Addresses     Course   Legal Tactics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. Legal Advice Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV. Address     Acquisition   Retention     Clientage Frank Asbury Johnson  Esq.  President     Chicago Bar Association           .. ....... . ............. MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyright         Northwestern University. Entered     Post     Chicago  Ill.    Second    .  . CHRONICLES OF THE LAW SCHOOL. . Ohange   Facult'&gt;}. Professor Charles Cheney Hyde Commercial Paper   Carriers Professor Louis M. Greeley Conveyancing   Mortgages . Professor Greeley Law School               S' . .  .   Items. Through   · School . English   American Reports Illinois Supreme   Appellate Reports   United States Supreme Court Reports. Nearly Gary Library   Continental Jurisprudence. A       Law School Northern Europe Gary Collection  Law School Library    . . International Law Prize Fund. Through Professor Hyde $   .             School  Public International Law. . Annual Banquet     Alumni Association.   Annual Banquet     Alumni Association         Assembly Room   Northwestern University Building School ·        University  . A Law School Thomas M. Hoyne  Esq.  President     Association   . After President Hoyne  '    Hon. Edgar B. Tolman '              Chicago  Hon. George A. Dupuy '    Judge     Superior Court   Cook County  Hon. Robert E. Pendarvis  '          Chicago Charter Legis  BULLETIN OF THE LAW SCHOOL. Committee     Forty   General Assembly  Dr. Thomas F. Holgate  Acting President     University  Richard Lee Boggs  Esq.  '      Hon. Oliver H. Horton  '  . Nominating Committee  President  Thomas J. Holmes  '  . First Vice President  Robert E. Pendarvis  '  . Second Vice President  James R. Mann  '  . Third Vice President  James B. Rockafellow  '  . Fourth Vice President  Alvin H. Culver  '  . Secretary  Jerome J. Cermak  '  . Treasurer  Otto R Barnett  '  . . Commencement Exercises.         Commencement University         Auditorium Chicago           .   Commencement Bishop Wm. F. McDowell.  Master   Arts  Science    Letters      Bachelor   Arts  Science Letters       Doctors   Medicine       Bachelors Laws      Pharmaceutical Graduates   Chemists       Doctors Dental Surgery       Graduates   Music   . One Law School  Otto Gustaf Ryden      Master'  Degree Law School Max Murdock  Elmer Francis Blu  Fred Landin McKinney  Albert Henry Nash  Frank Oscar Smith  Horace Greeley S    George Marsden Stevens    Royal Andrew Willson      Bachelors' Degree     College Liberal Arts. Cal   Prize Rex Mackenzie. Towle Prizes First    William Harrison Haight Charles Edward Swanson. Mitchell Davis Follansbee Prize "Legal Ethics "       Norris Burt Cline. Bachelor   Laws  Banning  Walker. Bartlett  Josiah Caief A. B.  Harvard University. Barnes  George Cuyler. Bell  Eugene Wllitman B. S.  Northwestern University. Boggs  Richard Lee. CHRONICLES OF THE LAW SCHOOL. Barnham  Frederic A. B.  Yale University. Casebeer  Arthur Josiah. Coman  Warren Eugene Kansas Normal College. Capron  Clyde A. B.  University   Illinois. Clark  Robert Burns. Cline  Norris Burt. Combs  Ben. Dillard  Jesse Richard A. B.  Livingstone College. Dobbins  David Cleveland. Eggert  Alfred Robert. Eppstein  Aaron Rudolph University   Chicago. Ewen  Wm. R. T.  Jr. Fifer  Ernest Reynolds B. S.   Northern Indiana Normal College. Freeark  Frederick Aaron A. R.  Harva. '  TTnivPrsity. French  Howard Preston. Fulton  Louis Reginald A. B.   Knox College. Herman  Charles Jacob. Howser  Roy Elrod Simpson College. Kagy  David Dudley B. A.  Findlay College. Lewis  Harry Che· . Lighthall  Henry Schuyler. Linker  Myer. Ludolph  Clarence A. Lynde  Cornelius A. B.  Williams College. Mackenzie  Rex A. R.  PrincP.  TTniv&lt;'     . Martin  Harry Alvin. Meusel  Oscar Moretz. Muller  Bernard Peter LL. B.  Northern Indiana Law School. Murdock  Max A. B.  Northwestern University. Oldfield  William A. A. R.  NorthwP.stPl·  TrnivP.  . Otjen  William John. Osborn  Harold Sayre A. B.  Williams College.  BULLETIN OF THE LAW SCHOOL. Ott  John Nash A. B.  AmbPrst CollPgP. Penhallow  Arthur Lincoln A. B.  Harvard University. Perrill  George Andrew R. S .. Kansas WP.slP.  TJnivP. . Potter  Delos Demont Kansas College. Quitman  Walter. Robinson  Charles Henry. Rosenblum  Harry Moses. Ryden  Otto Gustaf Sadler  Monte Hanauer. Sargent  Jean Feni. Schmitt  Felix Harold. Scheiner  Frank Henry Pb. B.  Northwestern University. Schultis  Charles Rooney A. B.  St. Francis Solanus College. Stratton  Frank Stephen. Strickland  Amos Aaron. Stowe  Herman Wilmer B. S.  Northwestern University. Waltmire  George University   Ohio. Ward  Charles Ambrose. Webb  Samuel Edwin. II. LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR        . (Fourth Annual Series.) All                Hurd Hall Law School       Northwestern University Building Lake   Dearborn               ' . All . No      . Oct.  . A     Retention     Olientage. Frank J . Loesch  Esq. (        Loesch Brothers &amp; Howell Counsel     Pennsylvania Railroad). Oct.   .   Practice Acts   Illinois. Keene H . Addington  Esq. (Joint Editor   Jones &amp; Addington'  Supplement Starr &amp; Curtis Annotated Statutes   Illinois). Oct.   . Municipal Contracts   Securities . Chester B. Masslich Esq. (Attorney   Farson  Leach &amp; Co.). Oct.   .   Work     General Attorney     Corporation Business House. James C. McMath  Esq. (General Attorney     International Harvester Co.). Nov.  . Railroad Litigation. Robert J. Cary  Esq. ( Glennon  Cary  &amp; Walker  Attorneys     Lake Shore Railway). Nov.   . P   Injury Practice. Andrew J. Hirsch!  Esq. ( Rosenthal  Kurz &amp; Hirsch!). Nov.   . Appellate Court Practice. Edwin W. Moore  Esq. Nov.   . Drawing Judicial Decrees. Geo. A. Carpenter  Esq. ( Pence &amp; Carpenter). Dec.  . Practice Under Board   Trade   Stock Exchange Rules. George P. Merrick  Esq. (  '       Merrick &amp; Ramsay). Dec.   . Preparat       Case   Trial. Edwin M.  .. Esq. (President     Chicago Bar Association ).  BULLETIN OF THE LAW SCHOOL. Dec.   . Life   Benefit Insurance. Theodore K. Long  Esq. ( General Counsel     Illinois Life Insurance Company). Dec.   . (Christmas Recess. No Address.) Jan.  . (Christmas Recess. No Address.) Jan.  . Abstracts   Title   Conveyancing Practice. Abram M. Pence  Esq. (         Pence &amp; Carpenter). Jan.   . Banking   Trust Company Practice. William S. Miller  Esq. (Attorney     Northern Trust Company.) Jan.   . Methods   Keeping   Using Public Records. Abel Davis  Esq. (County Recorder   Cook County). Jan.   . Ways   Manners   Judges. Edward M. Winston  Esq. Feb.  . Federal Practice. Charles B. Keeler  Esq. (Assistant General Solicitor Chicago  Milwaukee &amp; St. Paul Railway) . Feb.   . Practice Before Masters   Chancery. Victor M. Elting Esq. (Master   Chancery  Superior Court). Feb.   . Practice Before Police Magistrates. John R. Caverly Esq. (Chicago City Police Magistrate). Feb.   . Practice Under   Federal Customs Laws. William Brace  Esq. (         Defrees  Brace &amp; Ritter). Mar.  . Bankruptcy Practice. Frank L. Wean  Esq. (Referee Bankruptcy     Federal Court). Mar.   . Prosecution Uncler Municipal Orclinances. George H. Kriete  Esq. (Assistant Prosecuting Attorney   Chicago). Mar.   .   RevisecZ City Cocle   Chicago. Roswell B. Mason Esq. (Compiler Revised Chicago Code). Mar.    . Practice Uncler   New Municipal Court A. . Hiram T. Gilbert  Esq. III. LEGAL ADVICE CLUBS. Alumni     School  Senior Class . Facts .   Alumni   .   Law School Senior Class . Case Secretary     Law School . Na        Class. . Office Adclress. . Date   Sending. . Last Date   Desirecl Answer. . Statement   Facts. . Precise Kind   Advice Desirecl. (ALL CASE STATEMENTS SHOULD BE FORWARDED IN TRIPLICATE.)  IV. THE ACQUISITION AN D RETENTION OF A CLIENT AGE. BY FRANK ASBURY JOHNSON  ESQ. (P.      Chicago Bar Association        .) An       Booth   Iall  JJ[ ·    Legal Tactics. Dean Acquisition   Retention     Clientage  · .  Illinois Central  ! A . My Chicago  Chicago  "There   Mr. Blank'   . ."  .  .  Chicago     ACQUISITION AND RETENTION OF A CLIENTAGE.         . Many  .     . Clients        . Some .  .     American   . One   . By   . Cultivate ACQUISITION AND RETENTION OF A CLIENT AGE. Chicago . A </text>
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                    <text>SERIES II

FEBRUARY-APRIL, 1904

NUMBER 4

N·oRTHWESTERN
UNIVERSITY
CHICAGO-EVANSTON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN
LAKE AND

UNIVERSITY BUILDING

DEARBORN

STREETS

CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED QUARTERLY BY

NORTHWESTERN

UNIVERSITY

�NORTHWESTERN UNIVERSITY

EVANSTON-CHICAGO
Edmund J. James, Ph.D., LL, D., President
Northwestern University consists of seven dep artments or schools. Four of
these (Law, Medicine, Dentistry, and Pharmacy) are located in or n ear the center of
the city of Chicago. The other three (College of Liberal Arts, Music, and the
Academy). are situated in Evanston, the most beautiful suburb of Chicago, immediately adjoining the city on the north.
Th e College Campus is located directly on the shore of Lake Michigan about
three miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,
Illinois.

I.
THE COLLEGE OF LIBERAL ARTS
COLLEGE CAMPUS, EVANSTON

Offers a four years' course leading to Bachelor's degree in Languages and Literature
(English, French, German, Italian, Spanish, L atin, Greek, Hebrew); Mathematics
(college and advanced); Science (Astronomy, Botany, Zoology, Chemistry, Physics,
Mineralogy, Geology); History (ancient, mediaeval, and modern); Philosophy,
Psychology, Pedagogy, Economics and Politics, and Sociology, and other subjects
appropriate to a modern college.
Numerous graduate courses are also offered leading to the degree of A.M. 1 and
in a few su bjects to th at of Ph.D.
Special advantages are offered to the graduates of this college in the professional
schools of the University.
For further inlormation, address College of Liberal Arts, Evanston, Illinois,

II.

MEDICAL SCHOOL
CHICAGO

Offers a four years' course leading to the degree of Doctor of Medicine, The hospital and clinical facilities are especially good . This school was the first in the
United States to take three important steps in Medical education: the enforcement
of the standard of preliminary education, adoption of longer annual courses, and the
graded curriculum.
It ranks fourth in attendance among University Medical Schools in the United
States.
For further information, address Northwestern University Medical School,
2421 Dearborn Street, Chicago.

III.
LAW SCHOOL
CHICAGO

Offers a three years' course in Law leading to the degree of Bachelor o( Laws.
Special facilitie s are provided for a th orough preparation in the practical as well as
theoretical aspects of the Law. The library is adequate to all the ordi'llary needs of
the student, including over t en thousand volumes, while the proximity of the Chicago
L aw Institute Library provides an additional collection of nearly forty thousand
which the students are at liberty to use. The students come from all parts of the
country, and the courses are arranged with a view to giving them that knowledge of

!~J~:~ ~i;{h!1'e~i!inmU'rii~~~~~;

L awF~~icfu~~l~ ei~f~~~i~foag,ie
Northwestern University Building,
Chicaao,

Law School,
Corner of Lake and Dearborn Streets,

IV.
SCHOOL OF PHARMACY
CHICAGO

Offers courses leading to the degree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The course includes instruction in general Chemistry, Chemical
Analysis, Pharmacy, Botany, Microscopy, Pharmacognosy, Dispensing, and Analytical
Ph armaceutical Chemistry, including Drug Assaying, Bacteriology, and Sanitary
Analysis. It ranks first in attendance among University Schools of Pharmacy in
this country.
For further information, address Northwestern University School of Pharmacy , Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago,

�NORTHWESTERN
UNIVERSITY
CHICAGO-EVANSTON

BULLETIN
OF THE

SCHOOL OF LAW"
(U N ION COLLEGE OF LAW)
FOUND ED 1859

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS CHICAGO

PUBLISHED QUARTERLY BY

NORTHWESTER N UNIVERSITY

��QUARTERLY BULLETIN OF THE
SCHOOL OF LAW
•
CONTENTS OF

I.

PRELIMINARY

No. 4,

CATALOGUE

CONTINENTAL LAW,

II.

SELECTION
THE

SERIES

AND
LEGAL

MILLS, ESQ. '

OF

II.

THE

FEBRUARY,
G ARY

1904.

COLLECTION

OF

5

•

MANAGEMENT
TACTICS

Page

OF

A

COURSE ,

JU RY:
BY

AN

ADDRESS IN

LUTHER

LAFLIN

•

Entered at the Postoffice at Chicago, Illinois, as second-class mail matter.

35

��!.-PRELIMINARY CATALOGUE OF THE GARY
COLLECTION OF CONTINENTAL LAW.
PREFATORY NOTE.
1. The origin, scope and purpose of the Collection have already
been described in this QUARTERLY BULLETIN for August, 1903.
Briefly: (a) It has been acquired, during the past year, by means
of a sum of money given for the purpose by Hon. Elbert H.
Gary, LL. B. '67, formerly of Chicago, and now of New York.
(b) Its scope includes the codes, statutes, judicial decisions, leading law journals, and a selection of legal treatises, for the entire continent of Europe. Twenty-one independent countries, with
their dependencies, are represented: Austria-Hungary, Belgium,
Bulgaria, Denmark, France, Germany, Greece, Italy, Luxembourg,
Monaco, Montenegro, Netherlands, Norway, Portugal, Roumania, Russia, Servia, Spain, Sweden, Switzerland, Turkey.
It now numbers some 6,000 volumes. (c) Its purpose is,
mainly, to provide material s to an extent not hitherto found
in this country, for ascertaining the ex1stmg law of any
European country as affecting the rights and duties of
persons Jiving here and having interests there.
Secondly, it aims to provide the student of the history of Anglo-American law with the results of modern continental research in the
history of the parent law of the Germanic peoples. Thirdly, it
aims to assist the study of comparative legislation, by furnishing
the chief texts and other materials for comparison. Other aims
it has; but they must be left to the futur e to develop.
2. The so·11rces of information for compiling the list have
been various. Intelligent information on so great a variety of
systems and languages has been Jess easily found than might be
supposed. A foundation list (chiefly for France and Germany)
was compiled by the staff of M. Martinus Nijhoff, publisher (the
Hague and New York), of whose cosmopolitan skill an acknowledgement is gratefully made. Muhlbrecht's Wegweiser and his
annual Bibliographie der Staats imd R echtswissenschaften were
carefully searched. Other printed lists of European publishers and
legal libraries were consulted. Various professors in European
universities, from Finland to Servia, helped to fill gaps in the
list. The foreign consuls in Chicago, and their legal advisers,
gave valuable suggestions. The Greek list, prepared for M.
Nijhoff in Greece, was revised by Mr. Vlackos, a graduate of
the Law School of the University of Athens (now a student in
5

�6

GARY COLLECTION

this School.) In these and other ways every effort has been made
to render the list of titles adequate. Nevertheless, a few gaps
still remain, though not for long, it is hoped.
3. This catalogue is preliminary only. It is printed in order
to make the collection available without further delay to those
whom it would serve. No attempt has been made to give full
catalogue entries of the titles. There are doubtless numerous errors, due not to the printer, but to the lack of time to prepare
the catalogue more carefully; for these errors, it is hoped that
the excuse is sufficient. A few of the works listed have not
arrived at this time of printing. Many of the serial entries (journals of law and collections of decisions) are not completed to
date, partly because they were ordered early in 1903, and partly
because the special sets purchased were not complete to that
&lt;late. The work of listing and ordering the necessary continuations can not well be done except for the collection as a whole,
and the very recent arrival of many of the sets has as yet left
no opportunity for this. A number of pamphlet treatises and
essays, the gift of European professors of law, remain also to be
entered.
The School will be grateful for suggestions, from any quarter, of further titles which ought to be added.
4. The privilege of using the Collection is granted as follows :
(a) Any member of the Chicago bar may consult the collection in
person, on payment of the usual fee authorized by the Board of
Trustees for persons otl'ier than students of the School, namely,
$4 annually, or, for alumni of the School, $2 annually.
(b) Any member of the bar oittside of Chicago, or any other
person desiring legal advice upon a foreign Jaw, may write to
the School, stating his case or his question of law; the communication will then be handed for reply to some local legal
adviser, having the privileges of the Library and recommended
by the appropriate consul as skilled in the language concerned,
who will consult the Library and return an answer, charging
such fee as may be agreed on between himself and the correspondent. For this service the School will charge nothing to
either party.
(c) Any member of a Faculty of any other University may
without charge consult the collection, or, on proper gi,iarantees,
borrow particular volumes.

�OF CONTINENT AL LAW.
I.

II.

7

AUSTRIA.

Codes and Statutes.
Die Oesterreichischen Gesetze.
1875-1903, vols. 1-41.

Manz'sche Taschenausgabe .

Decisions of Courts.
Plenarbeschluesse etc. d . Oesterreischischen Ober-GerichtsCassationshofs. 1884-1899, vols. 1-17, with Index .
(Continued as Entscheidungen des K. K . Obersten Gerich ts
als Cassationshofs, 1900-1902, vols. 1-3.)
Entscheidungen d. K ..K . Obersten Gerichthofs in Oesterreichischen Civilsachen. 1887-1902, Vols. 1-10; new series,
v ols. 1-2.

I II .

Journals of Law.
[See GERMANY .]

IF.

Treatises.
Durrigl, Oesterr. Recht, mit Beruchsicht der Gesetzgebung
in Croatien u. Slavonien, 1899.
Duscheness, v. Bjolsky u. Baretta, Oesterreichische Rechtslexicon. 1894-1899, 4 vols.
Friedlaender, Oesterreische W echselordnung. 13 Auflage,
1897.
Hasenoehrl, Oesterreichisches Obligationrecht. 2 Auflage ,
1899, 2 vols.
Jirecek, Das Recht in Boehmen und Maehren. 1865.
-Codex juris bohemici. 1867-1898.
- Digeste des lois slaves. 1880.
J olles, Praxis d. Oesterreichischen Verwaltungsgerichtshofs.
2 vols.
Luschin-Ebengreuth, Oest erreichische R eichsgeschichte.
1896, 2 vols.
Mischler- Ulbrich, Oesterreichisches Staatswoerterbuch. 18941897, 2 vols.
Peritch, De la Condition juridique des Bosniaques et des
Herzegoviniens en pays etrangers. 1901.
Posilovic, Immobiliarrecht in Bosnien und Hercego vina.
Schwarz, Oesterreichisches Konkursrecht. 1894-1896
Unger, System des Oest erreichischen Privatrechts. 18921894, vols. I, II , VI.

�8

GARY COLLECTION

BELGIUM.
Codes and Statutes.
Pasinomie (Collection complete des lois, decrets, arretes
et reglements generaux qui peuvent etre invoques en
Belgique, dans l'ordre chronologique.) 1789-1900, with
Indexes 1789-1880, 100 vols.
Delecourt, Codes belges et lois usuelles en vigueur en Belgique. 13th Ed., 1902.
Larcier et Delecourt , Code administratif et politique de la
Belgique.
II. Decisions of Courts.
Pasicrisie Belge (Recueil general de la jurisprudence des
cours et tribunaux de Belgique en matiere civile, commerciale, criminelle, de droit public et administratif.lre partie: arrets de la cour de cassation ;-2e partie:
arrets des cours'. d' appel ;-3e partie: jugements des tribunaux), 1814-1901, with Indexes 1814-1870, 166 vols.
JII. Treatises.
Defacoz , Ancien droit belgique. 1846-73.
Warnkoenig, Histoire du droit belgique. 1827.
-Flandrische Staats-und
Rechtsgeschichte.
1835-42.

I

BULGARIA.*
Codes and Statutes.
Laws of Bulgaria (in the original), 12 vols.
Organisationsstatut Ostrumeliens.
Projekt zum Organisationsstatut v. Bulgarien.
Protokolle der Const. Nationalversammlung und Constitution.
Bulgarisches Strafgesetzbuch. 1897.
II. Decisions of Courts.
Decisions of the Supreme Court of Bulgaria. 1870-1899.
Sammlung von Bulgarischen juridischen Gebrauchen.
III. journals of Law.
Juridische Revue (Bulgarien) I-XI.
IV. Treatises.
Pavlotis, Loi comm.erciale bulgare, 1899.
Bulgarisches sachliches Recht.
Commentar zum Erbfolggesetz . 2 vols.
Commentar zum Strafgesetz. 3 vols.

l.

*Most of this material is in the original.

�OF CONTINENT AL LAW.

9

Das criminelle und civ. Gerichtsverfahren, nebst Entscheidungen. 3 vols.
History of Bulgarian Law.
Selveli, Faillissement.
DENMARK.

I.

Codes and Statutes.
Almindelig borgerlig Straffelov af 10.2. 1866 ; udg. afO.
Damkier. 2. Udg. 1892.
Danmarks Riges gennemsete Grundlov af 5.6. 1849 og 28.7.
1866, samt Valgloven, m. m. 1895.
Kong Christian Vs danske Lov; udg. af V. St. Secher.
1891.
Den Nye Norings-Lov 27. 12. 1857. Lov om Hamdvorks og
Fabriksdrift, samt Handel og Bevortning m. Ti!lag 23.5.
1873. 1877.
Lov om Konkurs 25.3. 1892. og 15.4. 1877. 1896.
Vexelloven af 7.5. 1880; udg. af Wulff. 1880.

ll.

Decisions of Courts.
H6jesteretstidende, udg. af Hojeste rets Protokolsekre tarer.
1857-1902.
Schlegel, Samling af H ojesteretsdomme, 1818-1856. 18611864, vols. 1-3.
Ipsen og Scharling, Systemat. Oversigt over Hojesteretsdomme i criminelle Sager, 1857-1894. 1876-1895 .
P. C. Muller, Oversigt over Hojesteretsdomme i civile Sager,
1866-1901. 1902.

Ill.

Journals of Law.
Lovtidende for Kongeriget Danmark, 1871- 1902.
(See also NORWAY).

lV.

Treatises.
Danske Lovlexikon, udg. af E. Hammerich. 1899-1903,
Vols. 1-6.
Deuntzer, Den danske arveret. 1897.
Lassen, Dansk Obligationsret.
Matzen, Forlaeseninger over den Danske Retshistorie .
1893-1897, 6 vols.
Secher, Fortegnelse over de Danske retslitteratur, 1884-1895.
Torp, Dansk Tingeret .
(See also NORWAY) .

�10

GARY COLLECTION
DENMARK (ICELAND).

Forordnung angaaende criminalvaessent, skjode, og pantvaesenet, etc ., paa Island, 1832-1850. 9 Parts.
Lovsamling for Island (Stephenson , Sigurdson, etc.), 18531889. 21 vols.
FRANCE.
1.

II.

III .

Codes and Statutes.
Dalloz et Verge, Les Codes Annotes , including the following:
Nouveau Code Civil, 4 vols.
Code de procedure civil, 1876, with Supplement 1893.
Code de Commerce , 1877, with Supplement 1896.
Code d'instruction criminelle, 1900.
Code penal, 1886, with Supplement 1890.
Code Forestier, 1884.
Code des lois administratives, 1887-1901, Vols. I, II, III,
IV, Part 1-V.
Code de l'enregistrement, 1878.
[See also DECISIONS, Infra .]
Decisions of Courts.
Dalloz, Repertoire methodique, 48 vols .
-Supplement au Repertoire, 19 vols .
-Recueil periodique, 1845-1902, 58 vols.
Journal du Palais, 135 vols.
Merlin, Repertoire, 1825-1828, 36 vols.
Questions de droit, 1828-1830, 16 vols .
Indexes , 2 vols.
Sirey, Jurisprudence, 1789-1901, with Indexes.
Journals of Law.
Annuaire de legislation etrangere, 1872-1902, vols. 1-30.
Bulletin de la Societe de legislation comparee, vols. 1-27.
Nouvelle revue historique de droit, 1877-1900, vols. 1-24.
Revue critique de legislation et de jurisprudence, 18511900, vols. 1-50.
Revue de droit international et de legislation comparee,
1869-1902, vols. 1- 34.
Revue de legislation ancienne et moderne frarn;aise et
etrangere, 1870-1876, vols. 1-6.
Revue historique de droit frarn;ais et etranger, 1855-1869 ,
vols. 1-15.
Revue trimestrielle de droit civil, 1902-1903, Vols. 1-2.

�OF CONTINENTAL LAW.
IV.

11

Treatises.
Baudry-Lacantiniere, Traite theorique et pratique du droit
civil, vols. 1-24.
Beaune, Nouveaux fragm ents de droit et d'histoire. 1899.
Bensa, Histoire du contrat d'assurance au moyen age. 1897.
Bonolis, Les Assurances sur la vie en droit international
prive.
Brissaud, Manuel d'histoirc du droit frarn;:ais. 1898-1899.
Bracher de la Flechere, Philosophie de l'histoire du droit.
-Les revolutions du droit, 2 vols.
Demolombe, Cours de Code Napoleon. 2d Ed ., 31 vols.
1903.
Esmein, Etudes sur !es Contrats. 1883.
Esmein, Cours ele.mentaire d'histoire du droit frarn;:ais.
1895.
Flach, Les origines de l'ancienne France. 1886- 93.
Fournier, Histoire de la science du droit en France. 6 vols.
1892- 1902.
Garrand, Droit P enal.
Garsonnet, Traite de Procedure.
Gavet, Sources de l'histoire des institutions et du droit franvais. 1899.
Ginoulhiac, Cours elementaire d'histoire general du droit
franvais public et prive. 2me. ed. 1890.
Giraud, Essai sur l'histoire du droit franvais, 2 vols.
Glasson, Histoire du droit et des institutions politiques etc.
de la France. 1887-1903, 8 vols.
Guillouard-Cautionnement et Transactions, 2nd Ed . 1895.
-Contrat de Louage, 2 vols, 3rd. Ed. 1891.
-Contrat de Mariage, 4 vols . 3rd Ed. 1894.
--Contrat de Societe 2d Ed. 1892.
-Contrats Aleatoires et Mandat, 2nd Ed. 1894.
-Nantissement et droit de R etention, 2nd. Ed.
1896.
-Prescription, 2 vols. 2nd Ed. 1901.
-Pret, Depot et Sequestre, 2nd Ed. 1893.
-Privileges et Hypotheques, 4 vols. 2nd Ed.
1897.
-Vente et L'Echange, 3rd Ed. 1902.
Laferriere, Histoire du droit franvais . 1845-58.
Lyon-Caen et Renault, Traite de droit Commercial. 18891902, vols. 1-8.
Planiol, Droit civil. 1900.
Pouillet, Propriete litteraire.

�12

GARY COLLECTION
Rehfous, Actes de Societe.
-Les Assurances.
Tardif, Histoire des sources du droit frangais. 1890.
Viollet, Histoire du droit civil francais. 1893.
Warnkonig und Stein; Franzosische Staats-und Rechtsgeschichte. 1846- 48.
Wodon, La forme et la garantie dans les contracts francs.
1893.

FRANCE

(ANDORRA).

Platon, Du Droit de la famille dan ses rapports avec le
regime des biens , en droit Andorran. 1903.

I.

Codes and Statutes .
A.

GER.MANY.

Imperial Legislation.
Burgerliches Gesetzbuch, Entwurf, 2te Lesung. 1895.
Bfrrgerliches Gesetzbuch , Bericht der Reichstagscommission,
1896.
Biirgerliches Gesetzbuch, Beratung im Reichstag. 1896.
Burgerliches Gesetzbuch , Reichstagsvorlage. 1896.
Burgerliches Gesetzbuch, Protokolle der Commission f . d . 2te
Lesung, 1897-1899, 6 vols, and Index.
Biirgerliches Gesetzbuch, Bundesratsvorlage .1899.
Handelsgesetzbuch, Stenographische Berichte. 1897.
Mugdan, Gesammte Materialen f. d. Biirgerliches Gesetzbuch. 1899-1900, 5 vols .
J atzow, Sachregister z. Entwiirf und l\fotiven Biirgerliches
Gesetzbuchs.
Becher, Die Ausfiihrungsgesetze zmn Burgerliches Gesetzbuch, 1900-1901., 2 vols. and Appendix.
Kayser, Die GesammtenReichs-Justiz-Gesetze, 6 aufl. 1901 .
Binding, Die Staatsgrundgesetze. 1899.
Guttentagsche Smlg. Reichsgesetzen, vols. 1-71.
Reichsgesetzblatt. 1900, 1901, 1902.
·wolff' s Sammlung (see Brunswick).
Graf Hue de Grais, Handbuch der Gesetzgebung in Preussen
u. dem DeutschenReiche, 1901-1903 + .,vols.I, III, 1, IX,
XIV, 2, 5, and XV (as published to date).
Stoepel, Preussisch-Deutscher Gesetz-Codex. 1806-1900.
B. Laws of Particular States.
Baden: Bad. Landrecht. 1899.
-Polizeistrafrecht (Schlusser). 1897.
-Neue Bad. Burgerbuch (Wielandt). 1897.
- Bad. Gesetz-Sammlung (Dorner).

�OF CONTINENTAL LAW.

13

Bavaria: Ausfohrungsgesetz f. Civilprocess (Habel). 1900.
-Bav. Justizgesetz (Schmidt). 1899.
-Bav. Polizeistrafgesetzbuch (Standinger). 1899.
-Stellung der Auslander (Scherber). 1897.
Brunswick: Sammlung d . R eichs-u. Landesgesetze (Wolff).
1900.
Hamburg: Sammlung H. Gesetze (Boysen) . 1900.
-H. Gesetze (Wulff). 1903.
Hesse: H . Gesetze (Best). 1900.
-H. Polizeistraffgesetz. 1898.
Oldenburg: 0 . Landespri vatrecht (Ruhstrat). 1900 .
Prussia: Guttentagsche Sammlung Preussischer Gesetze,
vols. 1-34.
-Staatsmin. Gese tz Sammlung. 1901- 1902 .
-Berlinschcr P olizei-Verordn ungen. 1895.
Saxony: General-Repertorium. 1892.
-A usfohnmgsgesetz (Arnoldt). 1900.
(Grengel). 1901.
-J ustizgesetze.
- H andbuch der Gendarmerie. 1900.
Wu.rtembnrg: L andesgesetze (Gessler). 1900.
-Polizeistrafrecht. 1899.
Elsass-Lotltringen: E. L. Oeffentliches R echt (Leoni u.
Mandel). 1894.
-E. L. L andesgesetze (Michaelis),
-Sammlung d. in E. L. gelt. Gesetze
(Paffraths u . Grossman). 1900-1901, 2
vols.
I l.

Decision of Courts.
Reimer, Wegweiser durch d. Entscheidungen. 1899.
Entscheidungen d. Koniglich en Ober verwaltungsgeric hts ,
vols. 1-36, Ergb. 1-5, with Index to vols. 1-30.
J ahrbuch d. Entscheidungen d . Kammergerichts d. nicht_
strafrechtlichen Gerichtsbarkeit u. in Strafsachen, 18811902, vols. 1-23, with indexes .
Adler u . Friedlander, Sammlung v. Entscheid. z. Handelsgesetzbuch, 1837-1901, vols. 1-11.
Entscheidungen d. D. Reichsgerichts in Strafsachen , vols .
1-34, with index to vols 1-20.
Entscheidung d . D . Reichsgerichts in Civilsachen, vols. 1-50,
with index to vols. 1-40.
E ntscheidungen d . R eichsoberhandelsgerichts, vols. -1-25,
with 4 indexes.

�14

III.

GARY COLLECTION

Journals of Law.
Annalen d. Deutschen Reichs f. Gesetzgebung, 1868-1891,
3 1 vols.
Archiv fiir offentliches Recht, 1886-1902, vols. 1-17.
Archiv fiir biirgerliches Recht. 1888-1901.
Archiv fiir civilistische Praxis, 90 vols.
Deutsche Juristenzeitung, 1896-1902, Jhrg. 1-7.
Gerichtssaal, 1849-1901, vols. 1-53.
Jahrbiicher fiir Dogmatik (Gerber und Ihering), 1857-1902.
Ser. I. vols. 1-12.
Ser. II. vols. 1-24.
Ser. III. (neue folge) vols. 1-8.
Jahrbuch d. internationalen Vereingigung f. vergleichende
Rechtswissenschaft. vols. 1-5.
Jahrbuch d. internationalen Vereinginung f. Gewerbliches
Rechtsgeschiitz. 1898-1900, vols. 1-3.
Kritische Vierteljahrschrift fiir Gesetzgebung, 1859-1901,
vols. 1-43, with index.
Mitteilungen d. Gesellschaft f. vergleichende Rechts- u·
Staatswissenschaft zu Berlin. 1895, I.
(continued as Vierteljahrsschrift.)
Seuffert's Archiv. 1847-1900, vols. 1-55, with indexes.
Striethorst, Archiv f. Rechtsfalle der Ober-Tribunal. 18511881, vols. 1-100.
Verhandlungen d. Deutschen Juristentages, vols. 1-26,
with index and Gesamtbericht.
Vierteljahrschrift f. vergleichende Rechtswissenschaft.
vol. II. 1896.
(continuation of Mitteilungen).
Zeitschrift fiir Civilrecht und Prozess. 1828-1865, vols. 120, n. s. 1-22.
Zeitschrift fiir vergleichende Rechtswissenschaft. 18761901, vols. 1-15.
Zeitschrift for privat- u. offentliches Recht. 1874-1902, vols.
1-29.
Zeitschrift for biirgerliches Recht. 1900-02, vols. 31-33.
(continuation of Zeitschrift f. franz. civilrecht).
Zeitschrift for Handelsrecht (Goldschmidt). 1858-1901,
vols . 1-51, with Supplements and index.
Zeitschrift for franzosisches Civilrecht. 1870-99, vols.
1-30 with index (continued as Zeitschr. f. Biirgerl. Recht
etc).
Zeitschrift for Rechtsgeschichte. 1861-1880, vols. 1-13,
with index; Zeitschrift der Savigny-Stiftung f. Rechtsgeschichte. (German. u. Roman. Abtheilungen).1880-1901,
vols. 1-~2.

�OF CONTINENT AL LAW.

IV.

15

Treatises.
Abraham, Hanseatische Rechtssprechung. 1900-1901, 2
vols.
Alexander, Konkursgesetze aller Lander· 1891.
Amira, Grundriss d. germanischen Rechts. 1901, 2 vols.
Barre, Biirgerliches Gesetzbuch und Code Civil. 1897.
Bechmann, Kauf, vols. I, &amp; II, 1. 1876-1884.
Berg, Handbuch d. Polizei-Rechts, 1801-1809. 7 vols.
Bernstein, Revision d. Wechselordnung. 1900.
Beseler, System des gem . deutschen Privatrechts. 4 aufl.
1885.
Bethmann-Hollweg, Civil-µrozess.
Binding, Grundriss des deutschen Strafprozessrechts. 4
aufl. 1899.
Birkmeyer, Encyclopadie. 1900.
Boehm, Handbuch d . intemationalen Nachlassrechts. 2
aufl. 1895.
Bornhak, Preussisches Verwaltungsrecht. 1899.
Bresslau, Urkundenlehre. 1889, vol. I.
Bruck, Die Gegner der Deportation.
-Ueber Spiel und Wette.
Bruckner, Fideicommiss. 1893.
Brunner, Forschungen zur Geschichte des deutschen und
franzozischen Rechts. 1894.
-Anglo-normannisches Erbfolgesystem. 1869.
-Deutsche Rechtsgeschichte. 1887-1892, 2 vols.
-Der Anteil des deutschen Rechts an der Entwickelung der Universitaten. 1896.
-Entstehung der Schwurgerichten. 1872.
-Grundziige d. deutschen Rechtsgeschichte. 1901.
-Zur Rechtsgeschichte der rom. und german.
Urkunden. 1880.
Cosack, Lehrbuch des deutschen biirgerlichen Rechts, 3.
aufl. 1901, 2 vols.
-Lehrbuch des Handelsrechts. 5 aufl. 1900.
Dernburg, Biirgerliches Recht des deutschen Reichs und
Preussens. 1899-1901, vols.I, 1, 2, II. III.
-Lehrbuch d. preussischen Privatrechts. 18941897, 3 vols.
Eger, Enteignung d. Grundeigenthums. 1887-1891, 2 Vols.
-Eisenbahnrecht. 1896, 2 vols.
-Internationales Uebereinkommen iiber Eisenbahnfrachtverkehr. 2 aufl. 1901.
Ehrenberg, Versicherungsrecht, I. 1893.

�16

GARY COLLECTION
Endemann, Handbuch d . Handelsrechts. 1881-1885, 4 vols.
-Lehrbuch d. bii.rgerlichen Rechts. 7 aufl.
1899, 3 vols.
Ficker, Beitra.ge z. Urkundenlehre. 1873, 2 vols.
Finger, Unerlautender iVettbewerb, Kommentar. 1897.
Freund, Wechselrecht, I.
Friedberg, Formelbuch fur Handelsrecht. 2 aufl., 1901.
Frommhold, Deutsche Rechtsgeschichte.
1894.
Gestel, Waarenbezeichnung.
Gierke, Deutches Privatrecht, I. 1895.
-Rechtsgeschichte der deutsche Genossenschaft. 1868.
Goldschmidt, Handbuch d. Handelsrechts, 3 aufl. I. 1891.
-System d. Handelsrechts, 4 aufl .. 1892.
Grashof, Wechselrecht d. Araber. 1899.
Grawein, Perfection des Accepts. 1876.
Grimm, Deutsche Rechtsalterthii.mer, 4 aufl. 1899, 2 vols .
Gros, Handbuch v. Untersuchungsrichtern. 3 aufl., 1899.
2 Vols.
Grii.nhut, Enteignungsrecht. 1873 .
-iVechselrecht. 1897, 2 vols.
Handbuch d . deutsch. Konsularwesens.
Heusler, Gewere. 1872.
-Institutionen. 1883-1885, 2 vols.
Heymann, Kommentar zum Burgerlichen Gesetzbuch.
Hiestand, Schadenersatzanspruch d. Versicherers. 1897.
Holtzendorff, Encyclopa.die der Rechtwissenschaft. 6 aufl.
1902, Parts, 1, 2, 3.
Horten, Personalexecution, vols. I, II; l. 1893-1897.
Jaeger, Konkurs d. offentlichen Gese llschaft. 1897.
Jhering, Besitzwille. 1899.
-Civilrechtsfallen. 9 aufl. 1901.
-Grund d. Besitzschutzes. 2 aufl., 1860.
- J urisprudenz d. ta.glichen Lebens. 11 aufl., 1897.
-Kampf im Recht. 13 aufl., 1897.
-Scherz und Ernst. 7 aufl., 1898.
-Trinkgeld. 3 aufl. 1889.
-Vorgeschichte d. Indo-Europaer. 1894.
Justi, Grundriss d. Polizeiwissenschaft, 2 aufl.
Ka.ubler, Personenstandgesetz. 1900.
Katalog des Reichsjustizamt. 1893, 2nd Ed.
Kohler, Aus d. deutschen Patent. u. Industrierecht. 18911892, vols. 1-3.
-Einfii.hrung i. d. Rechtswissenschaft. 1902.
-Handbuch d. deutschen Patentrechts. 1901.
-Shakespeare vor dem Forum der J urisprudenz, mi t
nachwort. 1883.
-Urgeschichte der Ehe. 1897.
-Pfandrechtliche Studien. 1887.

�OF CONTINENT AL LAW.

17

Kuhlenbeck, Urheberrecht. 1901.
Lehmann, Recht d. Aktiengesellschaften. 1895.
Leonhard, Irrtum. 1872.
Liebermann, Die Gesetze der Angelsachsen. 1898-1899, vol.
I, Parts, 1, 2.
Loewe, Strafprozess-Ordnung ford. deutschen Reich. 1900.
Lorsch u. Schroeder, Urkunden zur Geschichte &lt;les deutschen
Privatrechts. 2 aufl., 1881, vol. I.
Mandry, Civilrechtliches Inhalt d. Reichs-Gesetze. 4 aufl.
1898.
Meili , Institutionen d . vergleichenden Rechtswissenschaft.
1898.
llfohlbrecht, Wegweiser, II, 1900. ·
-Uebersicht uber juristische Literatur. 1901-1902.
Nussbau, Leitfaden d. freiwilligen Gerichsbarkeit. 1900.
Olshausen, Kommentar zu den Strafgesetzen d . deutschen
Reichs. 1901, 2 vols.
Parisius und Cruger, Genossenschaftrecht. 3 aufl., 1899.
-Gesellschaft m. Besschriebter Haftung
aufl., 1901.
Philler, Grundbuchordnung. 1901.
Planck, Burgerliches Gesetzbuch. 1902, 7 vols.
-Lehrbuch d. Deutschen Civilprozess. 1896, 2 vols.
Posse, Die Lehre von Privaturkunden. 1887.
Post, Grundriss d. ethnologischen Jurisprudenz. 2 vols.
1894.
Puntschart, Schuldvertrag und Treugelobniss des sachs.
Rechts. 1896.
Rieser, Grundgedanken i. d . Kodifizirten-Handelsrecht.
1892.
Roenne, Baupolizei. 3 aufl., 1872.
Roetlisberger, Urrheberrrecht in allen Landern. 2 aufl.
1902.
Sarwley, Kommentar zur Konkursordnung f . d. deutschen
Reich, 4 aufl., 1900.
Schroeder, Lehrbuch d. deutschen Rechtsgeschichte. 4
aufl., 1902.
Schaps, Deutsches Seerecht. 1896-1902, Parts 1-6.
Schmidt, '\Vaarenzeichenrecht. 1899.
Schnitzler, Rechtsverkehr zwischen Deutschland u. d. Ver.
Staaten v. Amerika. 2 aufl., 1903.
Schulte, Lehrbuch d. Deutschen Reichs- und Rechtsgeschichte. 6 aufl., 1892.
Seuffert, Konkursprozessrecht. 1899.
Seligsohn, Patentgesetz. 2 aufl. 1901.

�18

GARY COLLECTION
Siegel, Deutsche R echtsgeschichte. 3 aufl. 1895.
Sohm, Recht d. Eheschliessungen. 1875.
-Frii.nkisches u. Romisches Recht. 1880.
Spaeing, Franz6zisch-Englisches Wechselrecht. 1890.
-Franz6sisch-Englisches Handelsrecht. 1890.
Staub, Kommentar zur allgemeinen deutschen Wechselordnung. 4 aufl. 1901.
-Handelgesetzbuch. 1900, 6 aufl. 2 vols.
Stephan und Schmidt, Schutz d. gewerblichen Urheberrechts.
1899.
Stintzing, Geschichte d. deutschen Reichswechselrecht,
I, II, &amp; III, 1, 2. 1880-1898.
Stobbe, Geschichte der deutschen Rechtsquellen. 1860-1864.
2 vols.
-Handbuch des deutschen Privatrechts. 3 aufl.
1893-1901, vols. 1-4.
Stoelzel, Schulung f. der civilistische Praxis. 1898, 2 vols.
-Rechtslehre u. Rechtsrechnung. 1899.
Stoerk, Zur Methodik des 6ffentlichen Rechts.
-Die Litteratur des internationalen Rechts.
-Option und Plebiscit bei Eroberungen und Gebietcessionen.
Struckmann und Koch , Civilprozessordnungen . 7 aLtfl.
1900.
Thudichum, Geschichte des deutschen Privatrechts. 1894.
Wagner, Seerecht. vol. I , 1884.
Weber, Geschichte der Handelsgesellschaft im Mittelalter.
1899.
v . Zallinger, iVesen und Ursprung des Formalismus im altcleutschen privatrecht. 1898.
(See also INTERNATIONAL LAW) .

OR.EECE.

Codes and Statutes

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)1 o µ. rf,

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p 0.. -r o v ·A v 'T w v i o v _r. Ecloge Leonis et Constantini cum Appendice.

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�20
I.

GARY COLLECTION
HUNGARY.

Codes and Statutes.
Corpus Juris Htmgarici, Editio millennaria, ed. l\fartius .
1902, 7 vols. (in. Latin and Hungarian.)
(Contents:
I-V, Articuli diaetales annorum. 1000-1830.
VI, Opus Tripartitum Stephani de Werh6bz.
VII Approbatae constitutiones, compilatae constitutiones, et articuli novellares cum carticulis prov isionalibus, 1540-1848).
Ungarische Gesetzsammlung. 1868- 1901 (in German and
Hungarian).
A Magyar K ereskedelmi. Torveny 6szall. Dr. Nagy F.
(Commercial Code).
Osz magyar bunteto t6rvenyck gyiytemenye 6szeal. Ralas
E. (Penal Code) .
Darday S ., Kozigazgatasi Torvenytar. 1898, 11 Vols.
(Collection of administrative laws).
Low, Das ungarische Handelsgesetzbuch.
Martinet et Dareste, Code penal Hongroi s , 1885.

II.

Decisions of Courts.
Dontvenytar. A magy. Kir. Curia semitoszeki es legfobb
itelozeki os talyainak elvi jelentosegu hatarozatai. 90
vols. in 45, 4 vols. Index.

III.

J ournals of Law.
Jogallam Jog es a llamtudma nizi szemle. Szerkestik, Edv i
Illes Karoly, Baumgarten, Nandor, es Gyomal Zsigmond.
1902- 1903, vols. 1-2.
(The Law State Monthly) .
Jogtudomanyi i Koslony . S7.erk. Dardai S . es Fayer L.
186.5-1900, vols. 1-35. with Index 1866- 1890.
(Magazine of Legal Science).
Jogtudomanyi szemle. 1889-1890 (all published) .

IV.

Treatises.
Von Timon , A., Ungarische Verf. u . R echtsgeschichte
(Schiller's tr.) 2nd Ed ., 1903.
• (See also AusTRIA) .

I.

ITALY.

Codes and Statutes.
Codici e leggi Regno d' I tali a (Manuali Barbera), 17 vols .
(Text with Commentary).

�OF CONTINENT AL LAW.

21

Prudhomme, Code civil Italien, promulgue le 25 juin 1865,
traduit et annote. 1896.
Turrel, Code penal Italien, ler janvier 1890, traduit et
annote. 1890.
Code de commerce Italien, ler Janvier 1883, traduit et
annote. 1892.
Nani, Repertorio generale della legislazione (1861-1891).
1893, 4 vols .
Nani, Supplement to 1894, 1 vol.
Cronaca Legislativa, 1859-1902, vols. 1-44.

II.

Decisions of Courts.
Annali della Giurisprudenza, 1866-1887, vols. 1-21.
Monitore dei Tribunale, 1860-1902, vols. 1-43.

Ill.

journals of Law.
Serafini, Archivio Giuridico (complete set to date).

IV.

Treatises.
Brandileone, I1 Contratto di Matrimonio. 1898.
Cattaneo, Introduzione allo studio della Scienze Giuridiche.
Calisse, Storia del diritto italiano. 1891.
Chironi, Trattato dei Privilegi delle Impoteche e del Pegno,
2 vols.
Ficker, Forschungen zur Reichs- und Rechtsgeschichte
Italiens.
La Mantia, Storia della legislazione italiana. 1884.
Manzini, L'Evoluzione e lo Stato del Diritto Penale. 1900.
Patetta, Ordalie.
Fertile, Storia del diritto italiano. 6 vols. 1903.
Pacifici-Mazzoni, Codice civile italiano commentato. 1902,
15 vols.
Racioppi, Forme di Stato. 1898.
-Le Sei Piu Recent1 Costituzioni negli Stati
Uniti D'America. 1892.
Salvioli, Manuali di storia del diritto italiano. 1890.
Schupfer, Manuale di storia del diritto italiano. 1892.
LUXEMBOURG.

Codes, Statutes and Decisions.
Code de Commerce de Luxembourg.
Code penal de Luxembourg.
Code de l'enseignement de Luxembourg.
Relations internationales de Luxemburg.
Code civil de Luxembourg.

�22

GARY COLLECTION
Pasinomie Luxembourgeoise, 1878-1899 (Recueil des Lois,
Decrets, Arretes, Reglements generaux et speciaux, et c ..
qui peuvent etre invoques dan s le G.r .and Dl!lche de Luxembourg) . Vols. I-V.

MONACO.
·Codes and Statutes.
Code de procedure civil de Monaco .
Collection des lois et ordonnances d e Mon aco .
Code penal d e Monaco.
Code d'instruction criminelle de Monaco.
Code civil de Monaco.
Code de Commerce de Monaco.
Ordonnance sur les Consulats de l\Ionaco .
Rolland , Projet d e R evision du Code de Procedure civil de
Monaco.
Rolland, Projet de Code de Procedure penale de Monaco .
MONTENEGRO.
Codes and Statutes.
Alimena, Legislazione penale de Montenegro.
Bogisic, Code civil general (Texte serbe). Cettinj e, 1888 .
Bogisic, Code civil general (French translation by Dareste
and Riviere), 1892.
Code general des Biens, traduit par Dareste. 1893.
Codici civile del Montenegro.
Gesetzbuch Daniel I v. Montenegro (original and translation) .
Popovic, R echt und Gericht in Montenegro .
Vernie, Wichtigkeit d. Montenegr. R echts.

I.

NETHERLANDS.
Codes and Statutes.
De Nederlandsche W etboeken, zooals zy tot op 15 No v.
1898. zyn gewyzigd en aangevuld, uitgegeven door J. A.
Fruin. 4 de druk. 1898.
Ned. Staatswetten (Schuurman), complete set.
Oudemans, Nederlandsche Wetboeken, 5 druk. 1897-1900,
5 vols.
De Nederlandsche Staatswetten, door Meyer. 1903 , 2
vols.
Codes Neerlandais, traduits par Tripels. 1886-1889, 2 vols.
in one.

�OF CONTINENT AL LAW.

II.

23

Decisions of Courts.
Nederlandsche Regtspraak, vols. 1-177, 1839-1897.

Ill.

Journals of Law.
Themis, vols. 1-61, 1839-1900.

IV.

Treatises.
Fockema-Andreae, Bydragen tot de Nederlandsche R echtsgeschiedenis. 1892-1900, vols. I-IV.
Molengraaf, Leidraad bij de Beoefening van het Nederlandsche Handelsrecht.
(See also BELGIUM.) ·

I.

II.

NOR.WAY.
Codes and S tatutes.
Mejlaender , Almindelig Norsk Lovsamling, 1660-1885. 2nd
Ed. 1885-1887.
Faerder, Norsk Lovsamling, 1660- 1901.
Decisions of Courts.
[See J ournals, infra.]

Ill.

Journals of Law.
Tidsskrift for Retsvidenskab, udg. af Bertyrelsen for d .
Stang'ske Stiftelse i Christiania, 1883-1900, Years 1-13.
Norsk R et stidende, 1836-1902.

IV.

Treatises.
Amira, Nordgennanisches Obligationsrecht, 1882-1895, 2
vols.
Brandt, Forelaesinger over den Norske Retshistorie. 1883.
Hagerup , D en Norske Civilprocess .
-Panteret .
Nordisk R etsencyclopaedi , udg. af Aschoug, Berg, Krieger
o. A . 1878- 1899, vols . 1-13.
Plato, Norsk Arveret , 1899.
Scheel, Aegtefallers, Formuesret.
Taranger, Udsigt over den Norske ret shistorie. 1898.
(See also DENMARK .)

�24

GARY COLLECTION
PORTUGAL.

I.

II.
III.

Codes and Statutes.
Codigo administrativo, approvado por decreto 17 de julho de
1886, Edicao official, seguido de un repertorio alphabetico.
1887.
Codigo commercial portuguez, publicao official ordenad o
por decreto de 23 de agosto do 1880.
Codigo civil portuguez, approvado por carta d e lei d e lde
Julho de 1867. Quinta edicao official, 1879.
Codigo de processo civil, approvado por carta de lei de
8de November 1876.
Cod.igo penal, approvado por decreto de 16de Setembro
de 1886.
Code civil portuguais du Ier juillet 1867, traduit et annote
par G. Laucyrie et Joseph Dubois. 1896.
Code de Commerce portuguais de 1888, traduit et annote
par Ernest Lehr, 1889.
Decisions of Courts.
Gazetta de Relacao de Lisboa, 1886-1902, vols. 1-16.
Journals of Law.
0 Direito, Revista de Jurisprudencia e Legislacao, director
J . Luciano de Castro. vols . 1-34.
ROUMANIA.

I.

II.

Codes and Statutes.
Codul general al Romaniei, de Hancangiu, 3 vols .
(Collection of all laws to 1900.)
Code de Commerce Roumain, par Joan Bohl. 1895.
Decisions of Courts.
Curierul judiciar (Doctrina, jurisprudenta, legislatiune,
economie politica, finante), Redactor Ion N. Cesarescu.
Bucuresti, 1891-1903, vols , 1-12.

III.

Journals of Law.
(see supra, Decisions.)

IV.

Treatises.
Alexandresco, Droit ancien et moderne de Ia Roumanie. 1897.
Blaramberg, Les institutions, les lois, et Ies moeurs de la
Roumanie. 1886.
Bohl, Le droit commercial roumain. 1897.

�OF CONTINENTAL LAW.
I.

25

R.USSIA.*
Codes and Statutes.
(1) Codes of Law of the Russian Empire, Official edition,
1902, 16 vols.
(4) A. Borovikovsky, Law of Civil Procedure, with notes
of the Decisions of the Civil Cassation Department of the
Senate.
(3) A. Borovikovsky, Civil Laws (Code of Laws, Vol. 10,
part. 1) with Commentary and Notes of the Decisions of
the Civil Cassation Department of the Senate.
(5) H . S. Taganzoff, Code of Criminal and Corrective
Punishment, with Annotations.
(6) S. G. Stcheglovistoff, Criminal Procedural Statutes of
the Emperor Alexander II, with Commentary and
Decisions annotated.
Tchernow, Code de Commerce Russe, traduit et annote,
sur !'edition officielle de 1893-1898.

II.

Decisions of Courts.
(2) Collection of the Decisions of the Cassation Departments of the Senate, 1866-1902; civil, criminal and
assembled departments. Official Edition.

III.

journals of Law.
(13) Jurist, 1902, vol. I.
(12) Vestnik Prava, (Journal of Law), complete set.

IV.

Treatises.
(8) Anisimoff, Documents Certifiable by Parish Authorities.
V. Budanov, Histoire du droit russe, avec Chrestomathie,
1886.
Diakoff, La Russie et les etrangers. 1903.
Halban, zur Geschichte des Deutschen Rechts in Podolien.
R. de Hube, Histoire du droit polonais. 1874, 1886.
(14) Kazansky, The Function of Lectures in Legal Faculties.
1901.
(23) Kazansky, Corpus Juris Gentium. 1897.
Klibanski, Die neue russische Wechselordnung, 1902.
--Codex des R. Civilrechts. 1902.
Handtman, Russisches Handelsverkehrrecht. 1900, Vol. I.
Lehr, Elements du droit civil russe. 1877-1890, 2 Vols.
*The numbers affixed at the left represent the works in the
Russian language; these titles are printed, with corresponding numbers, in Russian type at the end of the list.

�26

GARY COLLECTION
(9)

(10)

(11)
(21)
(15)
(16)
(17)
(18)
(20)

(7)

(25)

I.

Leontieff, The Parish Court and Juridical Customs of the
Peasants.
Macieiowski, S 1 av is ch e Rechtsgeschichte (in Polish).
1835-1839.
0. K. Malisheff, Course in the Civil Laws of Russia, with
a special addition containing the civil laws and customs
of Finland, Poland, Baltic Provinces, Bessarabia, the
Jews and Moslems.
P. Mrotchek-Drozdovsky, History of the Russian Law.
Palienko, Sovereignty. 1903.
(22) Poustorosleff, Volition in Criminal Law. 1890, 1891.
Poustorosleff, Legal Position of Persons arrested for
Crime. 1889.
Poustorosleff, Lectures on Special Parts of the Russian
Criminal Law. 1902.
(19) Poustorosleff, The Principle of Criminality. 1892.
Romanovich-Slavatinksy, System of Russian Political
Law. 1899.
B. Stavsky, Civil Law of the Kingdom of Poland, explained by Decisions of the late IX Department of Warsaw (1842- 1875) and of the Civil Cassation Department (1876-1895) of the Senate.
A. Stoff, Mining Laws; Explanation of the existing
Mining Laws in Russia.

Cao8r, 3ar;;o1-toar,
Pocciiic1wf!
:0:3,n;aaie.

HMrrepin

n

ero

rrpo,n;OJIJKeHia,

oq,q,:a~.

II. Coopnuir;r, proiuenii:i

Kacca~iOHHh!X'b .n;errapTaMeHTOB'h CeRaTa 3a 1866-96 r.
rpaJK,naHcKia, yroJIOBHhl5I :a O6ll\aro co6paHia; oq,q,n~.
:0:3,/1;.

III. A. Bopoeuir;oacir;ii:i:

3aKOHhl rpalK,naRc1,ie (CBo,n. 3aK. T. X, '-I. I) c1, 061,acHeniaM:0: no p11IIIeHiJIM'b rpalK. Racca~iOHHaro ,UerrapTaMeHTa IlpaB. CeHaTa.

IV.

A. Bopoeuir;oeci,ii:i:
y CTaB'b rp_aJK,D;aHc1rnro Cy.n;o-rrpOH3BO,D;CTBa C'b 06'b5ICRe-

Hi5Illm no p11meH. rpaJK,n. Racca~ioH. ,UerrapTaMeHTa
IlpaB. CeRaTa.

V. H. C. Taian1fe6o:
YJIOJKeHie O HaKa3aHi5IX'b yrOJIOBHh!X'b H :acrrpaBHT0JibRh!X'b, C'b O6'blICH0HilIMIL

�OF CONTINENT AL LAW.

•V I. -C. I'. llI;eZJto6itnio8o.'

Cyi'.leOHhle ycraBbI Ihmeparopa AJieKcanl(pa II, C'b 3a1wnol(aTeJihHbIMH MOTHBaMH Il pa3'blICHenimrn.

·V lT. B . Cmaocir:iu:

rpanc,a;ancKie 3aicoHbr :U:apcrna IloJihc1rnro, pa3lICnenHhre
no pt,Uieu:iaM'b 6&amp;rnUiaro BapmaPcrrnro IX .D:-a (1842-1875) H rpaJK. ICacc . .IJ:-a (1876-1895) IlpaB. Cenara.

VIII. A . A'H,it1'u.11tooo .
.D:oroBOpbI,
HlaMII,

IX.
X.

CBfl,J,'13Te.TbCTBY6)fbI6 BOJIOCTHbIMil

rrpaBJie-

Jieonrnbeor,:

BOJIOCTHOii cy .:l'b H IOpII'I6CK. OObl'IaH 1,peCTblIIl'b.

MaJ1,'bt1tieor,, K.:
Rypc·h o6~aro rpaJKl(aHcKaro npana Poccirr rr oco6oe
rrpHJIOJKenie; rpaJKl(aHCKie 3aKOHbI Il 06b!'IH. upaBO
PocciH
COBICJIIO'IenieM'b
3a1t0HOB'b:
&lt;lJ H H JI$! HJ( i H
:U:. IloJihcrmro, Oc1'3.-Rpaa II Beccapa6iII, Enpetl:cK. n
MycyJihM.

XI.

II. Jlpo1ieir:-r,-JI;poa806cir:iu:

XII.

B1ocm'H,uir;r, IIpa6a.

XIII.
XIV.

Hcropia Pyccrmrn Ilpana.

IOpucmr, (eJKeHel('BJibHO).
Kaaa'H,cir;ifi:
R'h nonpocy o nocranoBI,'t nperrol(anania Ha IOpnl(n'IecRHX'h ipaKyJihTerax'h, 1901.

XV.

IIycmopoCJ1,e6ou:

Ilonarie o He3aM'BHHMOtl: caMocrrpan-t, RaR'h y'Ipe.n;eHin
yroJIOBHaro rrpana, 1890.

XVI.

IIycmopoMe6ou:
I!Ol(CYl(HOCTb apecraHTOB'b
npanonapymeHia, 1889.

l'I

apecraHTOK'b sa yroJIOBHblH

XVII. IIycmopoCJ1,eoou:
RoncrreRT'b JieK1:1ia no oco6ennofi 'lacrn PyccKaro yroJIOBnaro rrpana. Bhmyc1, 'b I, 1902.

XVIII. IIycmopocJ1,e6ou:

AHaJIH3'b rroHariH o rrpecrynJienirr, 1892.

XIX. IIycmopoc11,eeou:

IloHarie o 11pecry11JieHin, 1891.

�GARY COLLECTION

28
XX.
XXI.

Po.,ita1{,06uita-C.!!aeamu1{,c'lf:iu:

CncreMa Pycc1mro rocyn:apcrBCHHaro IlpaBa, 1899.

Ila.!!ie'l{,'lf:O:

CyBepeHIITeT'b, 1903.

XXII. IIycmopoc.!leeou:

HeaaM"BHm,rna caMopacrrpaBa, 1889.

XXIII. 1Ca3ai-tc'lf:ii1:

Corpus Juris Gentium, 1897.

XXIV. A. IIImorfio:

ropttoe rrpaBo. CpaBHnreJihHOe naJiollteHie ropHhlX'b aa·
K0H0B'b ,l\'Bl1CTBYJO~IlX'b B'b Poccin II np.

RUSSIA: FINLAND AND BALTIC PROVINCES.

Journals of Law.
Tidskrift utgifven af Juridiska foreningen i Finland, Vols.
1-39. 1864-1902.

Treatises.
Broecker, Livlandisches, Estlandisches, u. Kurlandisches
Privatrecht.
Chydenius, Hustrus F6rm6genhetsra.ttsliga Forha.llande.
-La.ran om Leveransaftalet.
Erdmann, System des Privatrechts der Ostseeprovinzen.
1889-1894, 4 Vols.
Forsman, Straffra.ttens allma.nna Jarn.
Montgomery, Handboki Finlands allmanna Privatra.tt,
1895.
Malisheff, (see supra, RussrA) .
Schmidt, Rechtsgeschichte Liv-, Est-, und Kurlands (ed.
N othbeck). 1895.
Wrede, F6rla.sningen 6fver Giftermals-balken.
-Sakra.tt.
-Allma.nn obligationsra.tt.
-U ts6kningsvasendet.
-Konkursra.tt.
-Bevisra.tten.
(See also SWEDEN).

�OF CONTINENT AL LAW.
I.

29

SER.VIA.*

Codes and Statutes.
Collection of Serbian laws, with continuation, 1835-1902.
Serb. Civ il-und Handelsgesetzbuch.
Serb. Civilgesetzbuch.
Serb. Strafgesetzbuch.
Serb. Gesetzbuch des Civilprozess .
Serb. Concursegesetzbuch.
Serb. Verfassung, 1901.
II. Decisions of Courts .
Collection of Decisions of the Serbian Court.
III . journals of Law.
Branic (Serbian Law Journal) I-IX, 1894-1902.
IV. Treatises.
System des Serbischen Civilrechts.
Serb . Jury.
Serb. Verwaltungsrecht .
Serb. vVechselrecht.
Serb. Gem einderecht.
Serb. Handelsrecht.
Serb. Erbfolgerecht.
Grenzen der Serb. Richtergewalt.
Jovanovic, Geschichte d es Serbischen Rechts.
Peritch, L e Traite de Berlin et la Question de la Nationalite
par Rapport a la Principaute de Serbie, 1900.
I.

SPAIN.

Codes and Statutes.
Cdigo Civ il espanol, con notas por M. Falcon, 5 Vols.
Codigo de Comercio, 2a ed., por V. Romero y Giron, 1901.
Codigo penal para la P eninsula , anotado, 7a ed. 1900.
L ey de enuiciamento criminal, anotado, 3a, ed. 1899.
Constitution de la Monarquia de 30e Junio de 1876. 4a.
ed. 1901.
Ley organica de! consejo de Estado de 17de agosta de 1860,
2a. ed., 1891.
L ey y Reglamento de lo contencioso administrativo r eformado por el decreto de 22de Junio de 1894, 2a. ed.
Leve, Code civil espagnol, traduit et annote. 1890.
Prudhomme , Code de Commerce espagnol, promulgue le
22 de aofit, 1835, traduit et a nnote. 1891.

*All of this Servian m aterial is in the original language, except
two of Professor Peritch's essays. Its arrival was too late to permit of the titles being printed accurately.

�30
II.

GARY COLLECTION

Decisions of Courts.
Jurisprudenzia civile, 1838-1902, Vols . 1-93.
Jurisprudenzia criminale, 1870-1902, Vols. 1-66 .

III.

Journals of Law.
Revisto Generalo de Legislacion , 1853-1900, Vols . 1-96.

IV.

Treatises.
Antequera, Historia de la legislacion espafiola, 1874.
Brau chitsch, Geschichte des spanischen Rechts . 1852.
Chapado Garcia, Historia general de Derecho Espanol. 1900.
Estanyol y Colom, Derecho Canonico (Historia externa).
1893.
Gil, Censos segun la Legislacione general.
Hinojosa, Historia general del derecho espafiol. 1887.
I-Ielfferich, Entstehung und Geschichte des W estgothenrechts . 1858.
Neumann, Derecho International Publico Moderno. trad .
Sela.
Perena y Puente, Derecho U sual. 1895.
Valverde, Las Modernas Direcciones d el Derecho Civil.
-La Nacionalidad .

I.

II.
[II.

lY.

SWEDEN.
Codes and Statutes.
Sveriges Rikes Log (containing all the Codes). 1903.
Swedish Fundamental Law (in the original). 1900.
Codes suedois de 1734 (civil, penal, commercial; suivies des
lois promulgees jusqu' a ce jour, des lois hypothecaires,
de celles sur l'etat civil, la prescription , !es successions,
le change, la faillite, du code maritime de 1891 et des lois
sur la propriete industrielle), par de la Grasserie. 180,5.
(See also infra, JOURNALS.)
Decisions of Courts.
(See infra, JOURNALS) .
Journals of Law,
Nytt Jurisdisk Arkiv, 1874-1900, Vols. 1-27'.
(both series, one containing current decisions, the othei;
containing current legislation).
(See also NORWAY, RussrA: FlNLAND.)
Treatises.
Hagestr6mer, Svensk Straffriitt.
Nordlung, Foreliisningar 6fver Arfdabalken.
Nordling, Boskilnad och behandlingen af d6dsmaµsbo.
Olivecrona, Testamentsriitten.
W,iµr,ot4, Svem;k ci vih:,a.J;t,.

�OF CONTINENT AL LAW.
I.

31

SWITZERLAND.
Codes and Statutes.
Bundesgesetzgebung, 1892, and Supplement.
Vlolf, Schweizerisches Rechtsbuch. 1898, 2 Vols.
Sammlung Verfassungen. 1892.
Sammlung der Gesetze u . s. w. iiber das Civilrecht des
Kantons Basel. 1893.
Zeerleder und Reichel, Bernische Civilgesetze. 1893, 2 Vols.
Code Civil du Canton des Grisons, R. de la Grasserie. 1893.
Jaeger, St. Gallisches Privatrecht, 1899.
Huber, Thurgauisches Rech tsbuch.
Aargauisches Rechtsbuch. 1902.
Neuchatel, Nouveau recueil officiel des lois (complete set).
Ziircherische Rechtspflege (Straiili). 1883-1896.
Luzerner Ziv. v. Ziv. proz. Gesetze (Bossard &amp; Weibel).
1896.

II.

Decisions of Courts.
Entsch. d. Schweizerischen Bundesgerichts. 1875-1901,Vols.
1-26.
Schweizerische Rechtssprechung (Brodbeck). 1894.

Ill.

journals of Law.
Zeitsch rift fur Schweizerisches Recht, 1852-1903, Vols.
1-43. (1st series, Vols. 1-22: 2nd series, Vols. 1-21).

IV.

Treatises.
Faesler, Bundesgeset7, u. Schuldbetreibung, with Supplement. 1896-1899, 2 Vols.
Huber, System u. Geschichte d. Schw Privatrechts. 4 Vols .,
1893.
Orelli, Vorlesungen uber Schweizerische Rechtsgeschichte .
2 aufl. 1884.
Stoos, Grundziige d. Schweizerischen Strafrechts. 18921893, 2 Vols.

I.

TUR.KEY (IN EUROPE).
Codes and S tatutes.
Destour (Collection of all the Turkish laws, in the original
language).
Aristarchi-Bey, Legislation ottomane, ou Recueil des lois,
reglements, etc., publie par Nicolaides. 1873- 1888, 7
Vols. in 4.
Piat, Code de Commerce ottoman explique. 1876.
Meysonnasse, Code civil musulman, suivant le.cadr.e .du .code.
civil francais (rite malekite).. 1898..

�32

II.

GARY COLLECTION

Decisions of Courts.
Djeridie Mukakisir-i-Hadlie, Years 1295-1318, Vols. 1-24.

III.

Journals of Law.
(see supra, Decisions).

IV.

Treatises.
Arslanian, Recht des Grundeigenthums und Erbrecht f. d.
Turkei. 1894.
Baillie, Digest of Mohammedan Law. 1875.
Derenbourg et Mayer-Lambert, Traite des successions dans
de droit musulman. 1897.
Klasim Zia, Expose du droit de succession musulman. 1902.
MacDonald, Muslim Theology, Jurisprudence, and Constitutional Theory. 1903.
Nauphal, Cours de droit musulman. 1886.
Savvas Pacha, Theorie du droit musulman. 1892-1893.
-Le Tribunal musulman. 1902.
Tornauw, Droit musulman. 1880.
Van den Berg, Minhadj At-Talibin. 1882.
Zuynball, Handleiding tot de Kennis van de Mohammedaansche wet. 1903.
ECCLESIASTICAL LAW.*

Corpus Juris Canonici, ed. Friedberg, 2 aufl. 1879-1881, 2
vols.
Biener, Beitrage z. Geschichte d. Inquisitionsprozess.
Esmein, Etudes sur l'histoire du droit canonique prive. 1891 ,
2 Vols.
Fournier, Les Officialites au moyen age.
Hinschius, Kirchenrecht. Vols. I-VI, I, 1869-1897.
Schulte, Geschichte der Quellen und Literatur des Canonischen Rechts von Gratian bis auf die Gegenwart.
1875-1880, 3 Vols.
Tanon, Histoire des tribunaux de !'inquisition en France.
R.OMAN LAW.

Accarias, Precis de droit romain. 4me . ed. 1886.
Bruns , Syrisch-R6misches Rechtsbuch. 1880.
Corpus Juris Civilis, Ed. Kruger,Mommsen, Schoell, Kroll.
3 Vols., 1895-1899.
*This and the Roman list represent merely the texts and a few
principal treatises for reference in the history of English
law.

�OF CONTINENT AL LAW.

33

Cuq, Les institutions juridiques des Romains. 2 vols. 1891.
Dernburg, Pandekten, 6th Ed. 1900-1902 (Vol. I. in 7th
Ed.).
Flach, Etudes critiques sur l'histoire du droit romain au
moyen age. 1889.
Fontes Juris Romani, ed. Bruns, Mommsen et Gradenwitz,
ed. VI. 1893.
Gaii Institutiones, 6th ed., Dubois d'apres Studemund.
1881.
Jhering, Entwickelung und Geschichte d . r6mischen Rechts.
1894.
Jhering, Geist des Romischen Rechts. 5 aufl.
J oers, Romische Wissenschaft z. zeit d . Republik , vnl. I.
1888.
Jurisprudentia antejustinianea, ed. Huschke. 1896.
Lambert, L'histoire traditionelle des XII Tables.
Karlowa, Romische Rechtsgeschichte, Vols. I, II, 1, 2, 3.
1885-1901.
Kruger, Geschichte der Quellen. 1888.
Mortreuil, Histoire du droit byzantin. 1843-46.
Pernice, Labeo. 1873-1900, Vols. I-III, I.
Savigny, F. C., Geschichte des r6mischen R echts im Mit.telalter.
Lene!, Palingenesia. 1899.
Vocabularium jurisprudentiae romanae, ed. Gradenwitz
1894-1899, pts. 1-3.
Windscheid, Pandekten, 8 aufl. 1900, 3 Vols.
Zachariae v. Lingenthal, Gesch. d. grieschisch-romisrhen
Rechts. 1892, 3 aufl.
INTERNATIONAL LAW.*
journals.
Pasicrisie Internationale (La Fontaine), 1903, I Vol.
Revue generale de droit international public, 1894-Hl00,
Vols. I-VII.
Zeitschrift f. internationalen Privat u. Strafrecht, 1889-1900.
Vols. 1-10.
La Justice Internationale, 1903, Vol. 1.
(Monthly Review of the Decisions of the Internationa l
Court of the Hague.)
*These titles of International Law do not include collections
otherwise existing in the Library (such as the Annuaire
de l'Institut, Martens' R ecueil, British and Foreign State
Papers, etc.), but only those which have been purchasP. d
with the Gary fund.

�34

GARY COLLECTION.
Le DroiL d '_\uLcur, 1887-1903, Vols. 1-15.
(Journal of the International Copyright Union, Berne.)
(See also FRANCE, GERMANY.)

Treatises and Collections.
Bonfils, Manuel de droit intern. public. 3rd ed. 1901.
Calvo, Le droit international theorique et pratique. 5th ed.
1896, 7 Vols.
Collection de los tratados e convenios y documentos internacionales celebrados por nuestros gobiernos con los estados
extrangeros desde el reinado de dona Isabel II, hasta
nuestras dias. Marques de Olivard, 1890-1901.
Dumont et Rousset, Corps universe! diplomatique du droit
des gens, con tenant un recueil des trai tes d' alliance, de paix,
etc., de Charlemagne, jus'qua present. 1716-1731, 8 Vols.
-Supplement au corps diplomatique, con tenant l'histoire d. anciens traites jusqu'a !'empire de Charlemagne, par Barbeyrac; un recueil des traites echappes
aux premieres recherches. 1739, 5 vols.
-Negotiations secr~tes touche le paix de Munster et
de Osnaberg. 1725, 4 Vols.
-Histoire d. traites de paix depuis Vervins jusqu'a
Nimeque. 1725, 2 vols.
-Recueil des traites de la France (1703-1896), publ.
sous les auspices de C. de Freycinet, par Jules De
Clercq. 1880-1902, 21 Vols.
Fiore, Nouveau droit intern. public, traduit par Antoine.
1885-1886, 3 Vols.
Heffter, Europaisches Volkerrecht. 8 aufl., 1888.
Leske und L6wenfeld, R echtsverfolgung in internationalen
Verkehr. 1895-1897, 3 Vols.
Martitz, Internationale Rechtshilfe in Strafsachen. 1888,
1897, 2 Vols.
Pelissier du Rausas, Le regime des capitulations dans !'empire Ottomane. 1901, Vol. 1.
Pradier-Fodere ,Traite de droit international. 1884-1897,
8 Vols.
Salzedo et Clotet, Traites de droit commercial international.
1894, Tome Ier (no more published).
Weiss, Traite theorique et pratique de droit international
prive. 1894-1901, Vols. 1-4.
Zitelmann, Internationales privatrecht. 1897, 1898, 1903,
Vols. 1, 2, 3.
(See also AUSTRIA, FRANCE, GERMANY, SPAIN, R uss IA .)

�II-SELECTION AND MANAGEMENT OF A JURY.
An Address Delivered in the Course on Legal Tactics,

Monday, November 30, z903, by Luther Lajl£n Mills, Esq.*

By the common law, by the constitution and by the statutes,
trial by jury is imbedded in the institutions of this State as an
essential element in the administration of justice. The constitution of the State of Illinois provides that, "the right of trial
by jury as heretofore enjoyed shall remain inviolate;" and notwithstanding the occasional criticisms expressed against it by social theorists or doctrinaires it stands and will continue, it is
safe to prophesy, during long generations hereafter, as the most
rational and satisfactory agency for the determining of the misunderstandings and disputes of men who appeal to the courts
in order to secure the redressing of grievances and the obtaining
of rights; aud, also, and I might say especially, for wisely, justly
and humanely exercising its functions in matters involving the
welfare of society in the enforcement of its laws against crimes.
It is not necessary at this time to assert the wisdom and the
justification of the jury system, unique in its antiquity, in it s
universality in civilized communities, in its persistence through
the ages. Surviving all the changing events, the vicissitudes and
revolutions of centuries, it has stood and now stands as a peculiar expression of the people's thought and desire-a creation
of the popular mind. In the remote past, tyrannical kings have
been forced by the commonalty to grant the right of trial by
jury-pledging themselves to maintain it; and always throughout
Christendom it has been the demand of the masses of men. Not
wise judges belonging to the honorable and honored legal profession-learned in the law and appointed by superior authority
or chosen by popular vote, but laymen-practical men, men of
the every day competitions and controversies, men qualified to
fairly · settle issues of fact from the standpoint of common experience and that of the judgment which prevails in the ordinary affairs of life-these have been and are wisely or unwise!:,,
( wisely it is reasonable to claim) favored in the minds of communities for the considering and deciding of the relative rights
of their individual citizens. And it is not inappropriate at this
tim e to express our recogni tion of the importance and the demo*This is a course of twenty-five addresses given every year en Monday evenings,
and open to all members of the bar. In these addresses various subjects of practice
are dealt w ith solely from the point of view of tactics nnd experience, by practitioners
of distinction who have had special opportunities for familiarity with the practice on
those subjects.

35

�36

LEGAL TACTICS.

cratic and humane significance of the great popular institution,
the jury-dignified by its ancient past in which it stood for
human welfare against royal tyranny, for principle against power,
for the better sentiments of mankind against selfishness and greed
-a wall of defense for the people against oppression; and accepted earnestly in these later days as a method for the discovering of truth and the declaring of justice.
It would be unreasonable to claim for the jury system in
Illinois or elsewhere that it is not open to criticism-that unlike any other human institution it is perfect, or even makes a
near approach to perfection. But it may be fairly claimed that
under the test of deliberate popular judgment it is equal, if not
superior, in the successful exercise of its functions, to any other
governmental factor; and it is manifest that its character and
quality are constantly improving with the advances of social conditions, the bettering of the morals of the people, the awakening
of the higher sentiments among men. In this State the character of jurors is improving year by year-this fact being the
result of wise legislation in reference to their selection-the increasing recognition of the dign ity of the juror's office, and the
scrutiny of the public, judges of courts and the legal profession
as to their honesty and other qualifications; and the denunciation by the great body of lawyers of all dishonorable practices on
the part of any of its members in their relations to jurors. The
time was when we heard much of "jury-packing," so-called, and
jury bribing; we hear but seldom of such offenses now; and a
lawyer detected in violating his oath and stultifying his conscience
by such gross misconduct is driven from his profession by his
brethren and whipped with the la5h of public condemnation.
Jurors may make mistakes; but they are seldom dishonest.
It is frequently said that the number of trials by jury is
diminishing in this country; and the statement is probably correct. There is undoubtedly a grnwing tendency away from litigation; men are becomiug more inclined to adjust their differences, to compromise disputes, to submit their misunderstandings
to arbitration; yet the litigation of the country is large, the courts
are still crowded with causes to be tri ed and lawyers continue
to find a field for their ability and genius in the fine contests of
the forum. The calling of the advocate still exists as a great
and noble calling in spite of certain modern demands upon the
legal profession which tend to divert its members to other lines
of effort. The attractiveness of the court-room with the excitements and incidents of sentiment and interest connected with a
trial before a jury, exists and will continue to exist for lawyers

�MANAGEMENT

Of.:i

A JURY.

37

old and young. The human nature involved in such an experience, the dealing with the motives and the personal character of
men-judges, jurors, witnesses, opposing lawyers-will always
have a charm for the members of the legal profession. And I
am not ready to admit that the successful advocate is not, after
all has been said, the finest type of the lawyer. It is frequently
asserted that the best- the ideal-lawyer is not the man who is
conspicuous for his successes in trials; yet a lawyer to be great
as an advocate, must have the elements of legal knowledge, judgment, discrimination, as the foundation of his super-structure;
and these must be supplemented by skill, astuteness, familiarity
with human life, ability to fathom the motives of men . The
strong trial lawyer must be not only learned and wise in the law,
he must be great in his knowledge of human nature and life
and in his ability to effectively employ it to advance the cause
he represents.
I have been honored by an invitation to address you this evening, gentlemen of the Northwestern University Law School, on the
Selection and Management of the Jury, and am expected to make
such suggestions in reference thereto as shall be of a practical
nature, and may possibly prove to be of some advantage to you
when hereafter you stand in the court-room as champions for
clients in the noble tournament of a legal trial.
At the appointed time you arise before a presiding judge,
announce in behalf of your client and as his attorney that you
are ready to proceed with the trial of the issue in which he is
concerned; the opposing counsel does likewise. And thereupon
the court directs the cletk to call into the jury-box twelve men
who. upon the announcemrnt of their names, take their places in
the jurors' seats and then are sworn to answer all questions that
may be put to them "touching their competency" to serve as jurors.
In this State they are to be examined by fours-the attorney for
the plaintiff, or prosecution, taking the initiative and that of the
defense following. I speak now of a trial in which the statutory
number of twelve jurors is to try the case. It often happens in
civil cases that a less ~umber is expressly agreed to by the contesting parties.
I. Now comes what may be called the most important part of
the trial-its beginning, its foundation-the choosing of the men
who are to decide the merits of the cause and give victory to the
one side and defeat to the other; and in making this selection it
is legitimate and honorable, as it is necessary, for the lawyer, in
justice to his client, to secure men upon the jury who are impartial, fair-minded, free from prejudice, receptive and appre-

�38

LEGAL TA CTI CS.

dative of evidence and argument; to prevent any man from serving as a juror who, by reason of his temperament, education,
habits of life, sympathies, consciously or unconsciously, has predilections for the opposing side. The lawyer now begins his
tactics-the battle is on-it is tactician against tactician; every
step he takes must be measured, cautious, diplomatic, wise. He
must penetrate the very inner consciousness of the juror he examines and in so doing must guard against giving offense by the
effort of his curiosity. It is essential that he have the good will
of the juror; from the moment of his first exchangin~
glances with him, he must endeavor to secure his personal respect and feeling of friendship. One offensive question may rankle
in his memory and turn him against his examiner with an unchangeable prejudice, and afterwards what the lawyer says during
the trial will fall ineffectual upon his hearing. It is hard to cure
a first resentment; and if you, the lawyer, become conscious of
such a sentiment in the juror' s mind you will be disturbed, annoyed, possibly demoralized, during the whole progress of the
trial. In all your close examination of the juror keep uppermost
in your mind the avoidance of giving him offense and the purpose of winning his good will. In this State there are two kinds
of challenges-those for cause, and peremptory challenges. "In
all civil actions each party shall be entitled to challenge three
jurors without showing cause for such challenge." In criminal
cases the statute provides that " Every person arraigned for any
crime punishable with death or imprisonment in the penitentiary
for life shall be admitted on his trial to a peremptory challenge
of twenty jurors and no more; and every person arraigned for
any offense that may be punished by imprisonment for a term
exceeding eighteen months shall be admitted to a peremptory
challenge of ten jurors and in all other criminal trials the defendant shall be allowed a peremptory challenge of six jurors."
"It shall be sufficient ca use of challenge of a petit juror that he
lacks any one of the qualifications mentioned in Section 2 of
Chapter 78 of Hurd's Revised Statutes, or, if he is not of the
regular panel that he has served as a juror on the trial of a
cause in any court of record in the county within one year previous to the time of his being offered as a juror; or that he is a
party to a suit pending for trial in that court at that term. It
shall be the duty of the court to discharge from the panel all
jurors who do not possess the qualifications provided in this act,
as soon as the fact is discovered." Section 2, Chapter 78 provides, that "Jurors in all counties in Illinois must have the legal
qualifications herein prescribed, and shall be chosen, i! propor-

�MANAGEMENT OF A JURY.

39

tionate number from the residents of each town, or precinct, and
such persons only as are:
First. Inhabitants of the town, or precinct, not exempt from
serving on juries.
Second. Of the age of twenty-one (21) years, or upwards,
and under sixty-five ( 65) years old.
Third. In the possession of their natural faculties, and not
infirm or decrepit.
Fourth. Free from all legal exceptions, of fair character, of
approved integrity, of sound judgment, well-informed, and who
understand the English language."
In the making of my suggestions and illustrations hereafter,
gentlemen, I shall at times address you directly in the second
person.
In your examination of jurors it is wise to be cautious in
the use of your peremptory challenges. If you are disposed to
excuse a juror use every legitimate method of accomplishing that
purpose by a challenge for cause. It is manifest that if your
peremptory challenges are exhausted at the beginning of the examination you are greatly at the mercy of the opposing side thereafter. In seeking a ground for a challenge for cause, or making
the suggestion more conservatively, endeavoring to determine
whether or not the man is competent to be a juror, it is advisable
to interrogate him at the outset as to whether his mind is free
from bias as to the issue to be tried and the parties involved
therein; and it is natural to inquire as to his knowing the latter,
his knowledge of the case, his having heard or read of it, his
acquaintance with the lawyers in the litigation and any of the
witnesses who might be called to t estify. If the juror's answers
to such inquiries indicate that he is free from prejudice as to
the merits of the controversy and it still. appears to you that
he is an unsafe or incompetent person to pass upon it, the next
course to be pursued is to examine him as to whether he possesses the fixed qualifications prescribed by the Statute. To these
your attention has already been called. They afford, in many
instances, the opportunity you seek for accomplishing your purpose. Paragraphs third and fourth of Section 2 of Chapter 78 of
the Revised Statutes set forth this opportunity. The third paragraph reads, "In the possession of their natural faculties and not
infirm and decrepit." As to the qualifications suggested in this
paragraph it is not always necessary to inquire; an inquiry is
necessary only when the appearance and conduct of the juror
indicate the possibility or probability of his not being competent under the statute. The lawyer in conducting his examination

�40

LEGAL TACTICS.

as to the qualifications mentioned in the third and fourth paragraphs named, should conduct hi s inquiry with a due regard to
the sensibilities of the juror because, first, it is courteous and
humane for him so to do; and, second, because the other jurors
already examined or to be examined will be influenced for or
against the lawyer by the character of the questions he propounds.
The fourth paragraph provides that the juror shail "be of fair
character, of approved integrity, of sound judgment, well-informed" and having an understanding of the English language.
It is obvious that tmder its provisions great latitude is afforded
to the examiner ; and especially in their relation to this paragraph
should the inquiries of the lawyer be made with caution and
consideration. To illustrate: You are examining a man of foreign birth with a poor understanding of the English language;
a juror has already been accepted who is of the same nativity.
If you make the mistake of dealing with the juror in hand with
harshness, levity or ridicule the man already chosen will naturally feel a resentment and acquire a prejudice against you
which may be fraught with danger. Too much emphasis cannot be
laid on the necessity of the lawyer's securing and retaining the
personal respect and good will of the jury; and this securing ·
should be sought for at the beginning and at every stage of the
proceedings. The suggestion cannot be too often repeated; it
should constantly be borne in mind. It is difficult to prescribe
fixed and general rules to govern all cases. The individual situation will demand its own peculiar treatment; and yet in addition to what has already been said, there are certain suggestions, which may be made, of general applicability to the examination of jurors.
1. Never be severe with the man you are examining unless
it is manifest that he is intentionally evasive in his answers or
deceptive or dishonest. If he appears so to be the lawye r is called
upon to show righteous indignation. His so doing will properly
be understood and appreciated by all concerned in the trial.
2. Keep constantly before you the fact of rac e or national
prejudices-possibly the most difficult to overcome among men.
3. The fact of religious prejudices-a fact happily diminishing
under the influences of Christian civilization- must not be overlooked.
4. If it btcornes your duty to represent the public in the
prosecution of an alleged violator of the laws of the State, you
need not be reminded that the personal interest of the juror in
the community-his philanthropy, his patriotism-arc elements
greatly to be considered.

�MANAGEMENT OF A JURY.

41

5. Never accept as a juror a dishonest man if you know him
to be such; and be careful not to make the mistake of acceptinl{
a juror who is under personal obligations to you, unless you are
sure that he is an honest man and will be governed by the law
and the evidence-giving to you simply the attention and receptiveness to which you are entitled. Pardon my illustrating
this advice by an incident in my own experience. Some years
ago I was engaged in the prosecution of a murder case, which
was defended by one of the ablest criminal lawyers of the State.
The crime involved in the trial had made a great sensation throughout the community and popular feeling was strongly against the
man charged with its perpetration. It required many days for
the securing of the jury. At last, when eleven jurors had been
sworn, a special venire was ordered and among the men thus
summoned was one whom I had in many ways aided in the past.
Indeed, the man was under great obligations to me; and this
fact was known to the opposing lawyer. As soon as my old
friend was sworn to answer questions I stepped to the table
of the lawyer defending and reminded him of my personal relations with the juror and offered to agree with him that the
man should be excused. The lawyer, however, rejected the offer and proceeded with his examination-finally accepting the
juror. After asking him a few questions I also accepted him
and he was sworn to try the case. The trial went on and lasted
for a fortnight and after the arguments were made and the
judge's instructions were given the jury retired; after a deliberation of thirty-six hours they announced their inability to agree
and were discharged by the court. Upon inquiry I learned that
eleven of their number favored the conviction of the prisoner and
one the acquittal, and that one was my old friend e.with his many
obligations to me. The opposing lawyer coming into my office,
I spoke to him of the peculiar attitude taken by the juror and
expressed surprise at his action. The lawyer replied, "When I
took the man I knew that he was under obligations to you, and
I accepted him with my eyes open. Did you notice how well he
was dressed when he entered the court-room?" I answered,
"Yes, I never saw him look better." "Well," he said, "I must
tell you that I gave him that suit of clothes just one week before
the trial began." I realized the mistake I had made, and I think
never afterward repeated it.
In this matter of selecting the jury there is a demand on
the lawyer that he have a knowledge of human nature; that he
make a study of life; that he mingle with men; that he become
familiar with social conditions; that he enter sympathetically into

�42

LEGAL TACTICS.

the life of the community. It is a wonderful study-this study
of human motive and action; and no lawyer can succeed in wisely
discriminating among men in order to determine who are qualified to meet duties and emergencies unless he pursues, patiently
and zealously, this course of preparation.
11. The Management of the Jury involves the conduct of the
lawyer in their presence and hearing-conduct impressing their
minds and influencing their sentiments and judgment. It is almost axiomatic that the lawyers are themselves on trial in a case
in which they appear before a jury. Of . course it is not meant
that jurors decide issues simply on the personality of the advocate; but it is true, undoubtedly, that this fact very often makes
a deep impression on the jurors' minds and strongly influences
them in their reaching a decision. Generally it may be said as
to the conduct of the advocate in its possible effect on the j ury
that:
1. He should always be a gentleman in the trial of a cause,
deferential to the court, respectful to the officers of the law,
courteous to the opposing counsel, fair with the witnesses; he
should avoid the appearance of familiarity with the jurors, being content to win their considerate attention by dignified, manly
and courteous performance of his duty. As a rule it is dangerous
to address ad hominem remarks to an individual juror-singling
him out by name or other methods of identification. Indeed,
there are judges who will not permit the practice. The distinguished Thomas Drummond, of th e United States Circuit Court,
who died some years ago, lamented by the bar and by the people, was always severe in hi s criticism of lawyers who used this
method in addressing juries. An amusing incident which came
under my owtt observation, although it is not exactly in point,
occurs to my mind. You will pardon my relating it. I was
once engaged in a trial and on th e other side was an able lawyer
who was almost blind ; he was unable to distingui sh faces. During the examination of the jurors a colored man was interrogated
by th e lawyers, accepted and sworn to try th e case. After th e
testimony had been presented the arguments began and the advocate with the poor vision began his address. He had forgotten
the location in the jury box of the individual jurors. Beginning
an ad hornillem appeal to a juryman who, he supposed, was the
colcred man, he said, in tones of deep earnestness and path0s,
that although the man' s skin was black he was the equal of his
fellow-jurors and on this line talked at length, frequently placing his hand reassuringly on th e man's shoulder. The fact was
that he had mistakenly selected as 1-h e object of hi s oratorical

�MANAGEMENT OF A JURY.

43

attack an auburn-haired rosy-faced Hibernian, who being thus
made the focus of general observation, was not only greatly embarrassed but made positively indignant, although he must have
known that the lawyer had made an innocent mistake. What
effect this experience had on the juror' s mind when he retired
to the jury room was never publicly disclosed.
2. Be everlastingly loyal to your cause, and let the jury
know that you are loyal. The slightest break in the tension of
your devoted interest will have its effe.:t on the watchful jurymen. Enthusiasm is contagious and in the conduct of the lawyer must impress those who perceive it.
3. I have already urged that the lawyer should make a constant effort from the commencement to the conclusion of a trial
to win the respect and good will of the jurors. By his attitude and conduct before them he should also strive to obtain
their fullest confidence in the sincerity of his utterances made
during the taking of the testimony and in his arguments and ap peals. Fix in each juror's mind, if you can do so, faith in yourself; thus in many cases half the battle is won. On an occasion similar to this one I illustrated the power of a lawyer's
personality in a court-room by telling a story of Abraham Lincoln; and it is not inappropriate that I now repeat it. Years ago
in the County of Sangamon in this State occurred a horrible
homicide. An old woman living alone in a farm house, with no
near neighbors, was brutally murdered. When the discovery was
made of her mutilated body the farmers of the country around
came together armed with rifles, and made a quick plan for the
discovery and capture of the criminal. They started out over
fields and highways and finally some of their number overtook
a strange man whom they plied with questions, by which he
was entangled in serious contradictions a·nd manifestly false statements. Then his captors decided that he should be immediately
hanged to the nearest tree. While the prisoner was begging for
mercy the Sheriff of the County and a posse of citizens arrived
and rescued the man, who was hurried to the jail in Springfield.
No sooner had he been placed behind the bars than a great crowd
of citizens surrounded the jail and demanded that the Sheriff
surrender his prisoner. They were determined to lynch him. In
the midst of the excitement one of the citizens addressed the
crowd and urged that for the sake of the honor of Sangamon
county the law be allowed to take :ts course. To him a leading
merchant made reply, saying that within a few years just past
many murders had occurred in Sangamon county and not one
man had been punished for murder. He said that the execution

�44

LEGAL TACTICS.

of the laws had become a farce, through the tricks and frauds
of certain lawyers, the perjury of witnesses and the bribing of
jurors, and that the public welfare demanded that the people take
the matter in their own hands. The crowd was preparing to
make an assault on the gates of the jail, when the citizen who
had first spoken, straightening himself to the full measure of his
splendid stature, again spoke, saying that if in this case the law
was allowed to take its course he would promise that no trick
nor fraud nor perjury nor bribery would be used in the prisoner's
defense, and concluded his address with the words, "I will defend
the man." He was Abraham Lincoln. The crowd was satisfied
and dispersed. On the following day a special grand jury was
ordered by the court, the prisoner was indicted and being arraigned, entered a plea of not guilty. A day was fixed for the
trial, on the coming of which the streets of Springfield were
crowded with people from all parts of the county, and at the
opening of court the room was filled with anxious and dettrmined citizens. The judge ordered the prisoner to be brought
from the jail. He entered the court-room, and sat near to Lincoln, his lawyer. Twelve men were called into the jury box and
sworn to answer questions. The energetic and able state's attorney examined the jurors with the utmost care, challenging many
of them. Lincoln contented himself with asking but a few questions, the significance and importance of which appeared afterwards, at the conclusion of the trial. The chosen jurors were
sworn to try the case; the state's attorney made a fiery opening argument. Lincoln reserved his opening and then the taking of testimony began. The prosecution, by its witnesses, presented a mass of circumstantial evidence against the defendant,
and rested its case. Lincoln informed the court that there were
no witnesses for the defense. " Proceed with your arguments,"
said the judge. Then the state's attorney made a powerful plea
for justice and the law. He was followed by Lincoln, who began his address by describing the horrible crime for which his
client was on trial and saying that no punishment which man
could inflict would be commensurate with the guilt of the one
who had committed it. He said that in the case before them there
could be no compromise verdict; that it must be one of death
or acquittal. He then dwelt at length on the beautiful and merciful doctrine of the reasonable doubt; and of this, talked with
sublime earnestness. He then began his conclusion. He said,
"My friends, I am the most worried man in Sangamon county.
For three days and nights I have hardly slept, thinking of this
case. I have analyzed all the evidence, have considered every

�MANAGEMENT OF A JURY.

4:5

fact presented by the testimony and I am worried, worried, worried. Now, my friends," he said, forgetting for the moment the
rule of practice against a lawyer's expressing his personal opinion as to the merits of his case, "I will be fair to you." He
gazed earnestly into the face of each man before him and continued: "After all my thinking and worrying, and analyzing the
evidence, I have formed an opinion as to who is the guilty manthe man who killed the old woman and left her with her gray
head in her blood; and that opinion I now declare unto you."
The audience in the court-room was still as death. He proceeded, "In my opinion the man who did the awful deed is my
client-that man. But," straightening himself before the jury,
raising his right hand aloft, and looking down into the eyes of
the men be.fore him, he exclaimed, with impressive deliberation "I
am not sure of it!" He took his seat. The state's attorney followed
briefly; the court charged the jury ; and they retired to their
room. There one of their number arose and said, "Lincoln is
right. We have the opinion that the man is guilty; but who,
from the evidence, is sure of it?" In a few moments a verdict
of acquittal was rendered. Faith in Lincoln had won for him
his victory.

����v.

DENTAL SCHOOL
CHICAGO
Offers a four years' course leading to the degree of Doctor of Dental Surgery. The
facilities for the practical and theoretical instruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the students and instructors. The attendance during the last year wa s 535. It is the largest

UniF'~rsiVur~ti~:al~r~~~ 1t\~ii~ead~~~~S
0

Northwestern
Chicago,

University Building,

Northwestern University Dental School,
Corner of Lake and Dearborn Streets,

VI.
SCHOOL OF MUSIC

COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretrical study of Music, and is designed to prepare students for the profession as composers, theorists, artists,
teachers, or critics. It also makes provision for the study of Music as a part of
general culture or as an accomplishment. It offers three or four year courses leading to an appropriate de gree in Mu sic.
For further information, address School of Music, Evanston, Illinois.

VII.
ACADEMY
COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses prepara tory to college and practical life, The
proximity of the college department with its many facilities constitutes a great ad. ·
vantage to the Academy. Young men and women will find here opportunity to prepare for any college in the country.
For further information, address Northwestern University Academy, Evans ..
ton, Illinois.
A second Academy, under the name of Grand Prairie Seminary, is maintained
by the University at Onarga , Illinois. Special facilities are afforded for preparing
for college or technical schools, or other higher ins titutions of learning. The location in a small town makes it possible fo r th e authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinois.

VIII.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medical
School on substantially the same terms as men.
For further information as to the Residence Halls for Women, address Dean
of Women, Willard Hall, Evanston, Illinois.

IX.
SCHOOLS OF THEOLOGY
EVANSTON
GARRETT BIBLICAL INSTITUTE
Garrett Biblical Institute, chartered in 1855, is a theological seminary co-ope!"::i ting with the University. It is open to all students who are properly recommended us
candidates for the Christian ministry. It offers a three years' course, arranged for
classical graduates, leading to the degree of B.D.; also a four years' course open to
college graduates leading to the degree of Ph.D.
Th~ intimate relations of the University and the Institute afford great advantages
to all those preparing for the Christian ministry.
NORWEGIAN-DANISH THEOLOGICAL SCHOOL
The Norwegian-Danish Theological School, affiliated with the Institute, offers to
those preparing for the ministry among the Norwegian and Danish people an oppor~
tunity to do this in the English, Danish, and Norwegian languages.
SWEDISH THEOLOGICAL SEMINARY
The Swedish Theological Seminary, organized to meet the increasing- demands
for educated pastors and missionaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further information, address the respective schools, Evanston, Illinois.

�•

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                <text>SERIES II FEBRUARY APRIL       NUMBER N·oRTHWESTERN UNIVERSITY CHICAGO EVANSTON BULLETIN OF THE SCHOOL OF LAW (UNION COLLEGE OF LAW) FOUNDED OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J. James  Ph.D.  LL  D.  President Northwestern University            . Four (Law  Medicine  Dentistry    Pharmacy) Chicago.     LAW SCHOOL CHICAGO Offers      '     Law           Bachelor  ( Laws. Special Law.                ' Chicago L   Institute Library   Law School Northwestern University Building  Corner   Lake   Dearborn Streets ChicaaoNorthwestern University Building  Corner   Lake   Dearborn Streets Chicago NORTHWESTERN UNIVERSITY CHICAGO EVANSTON BULLETIN OF THE SCHOOL OF LAW" (U N ION COLLEGE OF LAW) FOUND ED OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED QUARTERLY BY NORTHWESTER N UNIVERSITY  QUARTERLY BULLETIN OF THE SCHOOL OF LAW • CONTENTS OF No.    SERIES II. FEBRUARY      . Page . PRELIMINARY CATALOGUE OF THE G ARY COLLECTION OF CONTINENTAL LAW  • II. SELECTION AND MANAGEMENT OF A JU RY  AN ADDRESS IN THE LEGAL TACTICS COURSE   BY LUTHER LAFLIN MILLS  ESQ. ' • Entered     Postoffice   Chicago  Illinois           .  !. PRELIMINARY CATALOGUE OF THE GARY COLLECTION OF CONTINENTAL LAW. PREFATORY NOTE. .                Collection QUARTERLY BULLETIN          . Briefly  ( ) Hon. Elbert H. Gary  LL. B. '        Chicago        New York. ( ) Its  Europe. Twenty Austria Hungary  Belgium Bulgaria  Denmark  France  Germany  Greece  Italy  Luxembourg Monaco  Montenegro  Netherlands  Norway  Portugal  Roumania Russia  Servia  Spain  Sweden  Switzerland  Turkey. . ( ) Its  ex European Jiving          . Secondly Anglo American  Germanic  . Thirdly  . . .     · . Intelligent Jess . A     (    France   Germany) M. Martinus Nijhoff    ( Hague   New York) . Muhlbrecht'  Wegweiser Bibliographie   Staats   R .         European . Various     European Finland   Servia .         Chicago .   Greek        M. Nijhoff   Greece        Mr. Vlackos Law School     University   Athens (  GARY COLLECTION School.) . Nevertheless . .          .  . No . There   . A . Many         ( )   &lt; .   . A European . School . .           Collection ( ) Any       Chicago Board Trustees      '          School $                School  $   . ( ) Any             Chicago Jaw School  Library  Library . School . ( ) Any       Faculty       University  . OF CONTINENT AL LAW. AUSTRIA. . Codes   Statutes. Die Oesterreichischen Gesetze. Manz'  Taschenausgabe . .     . II. Decisions   Courts. Plenarbeschluesse  .   . Oesterreischischen Ober Gerichts Cassationshofs.             .         Index . (Continued   Entscheidungen   K. K . Obersten Gerich Cassationshofs              .    .) Entscheidungen  . K .. K . Obersten Gerichthofs   Oesterreichischen Civilsachen.            Vols. .    . II . Journals   Law. [See GERMANY .] IF. Treatises. Durrigl  Oesterr. Recht    Beruchsicht   Gesetzgebung Croatien  . Slavonien      . Duscheness   . Bjolsky  . Baretta  Oesterreichische Rechtslexicon. . Friedlaender  Oesterreische W  .    Auflage . Hasenoehrl  Oesterreichisches Obligationrecht.   Auflage . Jirecek  Das Recht   Boehmen   Maehren.     . Codex    .          . Digeste      .     . J    Praxis  . Oesterreichischen Verwaltungsgerichtshofs. . Luschin Ebengreuth  Oest   R  . . Mischler Ulbrich  Oesterreichisches Staatswoerterbuch. . Peritch  De   Condition     Bosniaques Herzegoviniens      .     . Posilovic  Immobiliarrecht   Bosnien   Hercegovina. Schwarz  Oesterreichisches Konkursrecht. Unger  System   Oest   Privatrechts. .    II   VI. GARY COLLECTION BELGIUM. Codes   Statutes. Pasinomie (Collection  Belgique     '   .) Indexes                 . Delecourt  Codes               Belgique. Ed.      . Larcier   Delecourt  Code Belgique. II. Decisions   Courts. Pasicrisie Belge (Recueil Belgique .  '.  '                ) Indexes                 . JII. Treatises. Defacoz   Ancien    .        . Warnkoenig  Histoire      .     . Flandrische Staats   Rechtsgeschichte. . BULGARIA.* . Codes   Statutes. Laws   Bulgaria (     )      . Organisationsstatut Ostrumeliens. Projekt   Organisationsstatut  . Bulgarien. Protokolle   Const. Nationalversammlung   Constitution. Bulgarisches Strafgesetzbuch.     . II. Decisions   Courts. Decisions     Supreme Court   Bulgaria.          . Sammlung   Bulgarischen   Gebrauchen. III.     Law. Juridische Revue (Bulgarien)   XI. IV. Treatises. Pavlotis  Loi  .         . Bulgarisches   Recht. Commentar   Erbfolggesetz.    . Commentar   Strafgesetz.    . *Most              . OF CONTINENT AL LAW. Das      . Gerichtsverfahren    Entscheidungen. . History   Bulgarian Law. Selveli  Faillissement. DENMARK. . Codes   Statutes. Almindelig   Straffelov     . .         . afO. Damkier.  . Udg.     . Danmarks Riges   Grundlov    . .          . . Valgloven   .  .     . Kong Christian Vs   Lov   .   V. St. Secher. . Den Nye Norings Lov   .   .     . Lov   Hamdvorks Fabriksdrift    Handel   Bevortning  . Ti!    . . .     . Lov   Konkurs   . .     .     . .     .     . Vexelloven    . .        .   Wulff.     . . Decisions   Courts. H     .   Hojesterets Protokolsekre  . . Schlegel  Samling   H             . .    . Ipsen   Scharling  Systemat. Oversigt   Hojesteretsdomme Sager           .           . P. C. Muller  Oversigt   Hojesteretsdomme     Sager .     . Ill. Journals   Law. Lovtidende   Kongeriget Danmark            . (See   NORWAY). lV. Treatises. Danske Lovlexikon   .   E. Hammerich. Vols.    . Deuntzer  Den    .     . Lassen  Dansk Obligationsret. Matzen  Forlaeseninger     Danske Retshistorie . . Secher  Fortegnelse     Danske             . Torp  Dansk Tingeret . (See   NORWAY) . GARY COLLECTION DENMARK (ICELAND). Forordnung .    Island           .   Parts. Lovsamling   Island (Stephenson   Sigurdson   .) .     . FRANCE. . Codes   Statutes. Dalloz   Verge  Les Codes Annotes Nouveau Code Civil     . Code                Supplement     . Code   Commerce           Supplement     . Code  '         . Code            Supplement     . Code Forestier      . Code                   Vols.    II  III IV  Part   V. Code    '       . [See   DECISIONS  Infra .] II. Decisions   Courts. Dalloz  Repertoire         . Supplement   Repertoire       . Recueil                   . Journal   Palais       . Merlin  Repertoire                 . Questions                      . Indexes      . Sirey  Jurisprudence               Indexes. III. Journals   Law. Annuaire                    .     . Bulletin     Societe         .     . Nouvelle                      .     . Revue .     . Revue .      . Revue .    . Revue .     . Revue                     Vols.    . OF CONTINENTAL LAW. IV. Treatises. Baudry Lacantiniere  Traite .     . Beaune  Nouveaux          ' .     . Bensa  Histoire      '       .     . Bonolis  Les Assurances . Brissaud  Manuel  '          .          . Bracher     Flechere  Philosophie    '     . Les           . Demolombe  Cours   Code Napoleon.    Ed .      . . Esmein  Etudes   !  Contrats.     . Esmein  Cours  .   '          . . Flach  Les      '  France.         . Fournier  Histoire             France.    . . Garrand  Droit P  . Garsonnet  Traite   Procedure. Gavet  Sources    '             . . Ginoulhiac  Cours    ' .   .  .     . Giraud  Essai    '            . Glasson  Histoire              . France.               . Guillouard Cautionnement   Transactions     Ed .     . Contrat   Louage         . Ed.     . Contrat   Mariage      .    Ed.     . Contrat   Societe    Ed.     . Contrats Aleatoires   Mandat     Ed.     . Nantissement       R      . Ed. . Prescription     .    Ed.     . Pret  Depot   Sequestre     Ed.     . Privileges   Hypotheques     .    Ed. . Vente   L'Echange     Ed.     . Laferriere  Histoire       .        . Lyon Caen   Renault  Traite     Commercial. .    . Planiol  Droit  .     . Pouillet  Propriete  . GARY COLLECTION Rehfous  Actes   Societe. Les Assurances. Tardif  Histoire          .     . Viollet  Histoire        .     . Warnkonig   Stein  Franzosische Staats   Rechtsgeschichte. . Wodon  La                . . FRANCE (ANDORRA). Platon  Du Droit Andorran.     . GER.MANY. . Codes   Statutes. A. Imperial Legislation. Burgerliches Gesetzbuch  Entwurf     Lesung.     . Bfrrgerliches Gesetzbuch   Bericht   Reichstagscommission . Biirgerliches Gesetzbuch  Beratung   Reichstag.     . Burgerliches Gesetzbuch   Reichstagsvorlage.     . Burgerliches Gesetzbuch  Protokolle   Commission   .   . Lesung                    Index. Biirgerliches Gesetzbuch  Bundesratsvorlage .    . Handelsgesetzbuch  Stenographische Berichte.     . Mugdan  Gesammte Materialen  .  . Biirgerliches Gesetzbuch. . J    Sachregister  . Entwiirf    \  Biirgerliches Gesetzbuchs. Becher  Die Ausfiihrungsgesetze   Burgerliches Gesetzbuch .     .   Appendix. Kayser  Die GesammtenReichs Justiz Gesetze     .      . Binding  Die Staatsgrundgesetze.     . Guttentagsche Smlg. Reichsgesetzen   .     . Reichsgesetzblatt.                 . ·   '   Sammlung (  Brunswick). Graf Hue   Grais  Handbuch   Gesetzgebung   Preussen .   DeutschenReiche            + .  .   III     IX XIV          XV (       ). Stoepel  Preussisch Deutscher Gesetz Codex.          . B. Laws   Particular States. Baden  Bad. Landrecht.     . Polizeistrafrecht (Schlusser).     . Neue Bad. Burgerbuch (Wielandt).     . Bad. Gesetz Sammlung (Dorner). OF CONTINENTAL LAW. Bavaria  Ausfohrungsgesetz  . Civilprocess (Habel).     . Bav. Justizgesetz (Schmidt).     . Bav. Polizeistrafgesetzbuch (Standinger).     . Stellung   Auslander (Scherber).     . Brunswick  Sammlung   . R    . Landesgesetze (Wolff). . Hamburg  Sammlung H. Gesetze (Boysen) .     . H. Gesetze (Wulff).     . Hesse  H . Gesetze (Best).     . H. Polizeistraffgesetz.     . Oldenburg    . Landespri   (Ruhstrat).      . Prussia  Guttentagsche Sammlung Preussischer Gesetze .     . Staatsmin. Gese   Sammlung.            . Berlinschcr P   Verordn  .     . Saxony  General Repertorium.     . Ausfohnmgsgesetz (Arnoldt).     . (Grengel).     . J  . H     Gendarmerie.     . Wu.   Landesgesetze (Gessler).     . Polizeistrafrecht.     . Elsass Lotltringen  E. L. Oeffentliches R   (Leoni  . . Decision   Courts. Mandel).     . E. L. Landesgesetze (Michaelis) Sammlung  .   E. L.  . Gesetze (Paffraths   . Grossman). . Reimer  Wegweiser    . Entscheidungen.     . Entscheidungen  . Koniglich   Ober .       Ergb.        Index    .     . J    . Entscheidungen   . Kammergerichts  . nicht Gerichtsbarkeit  .   Strafsachen .           . Adler   . Friedlander  Sammlung  . Entscheid.  . Handelsgesetzbuch .     . Entscheidungen  . D. Reichsgerichts   Strafsachen     . . Entscheidung   . D . Reichsgerichts   Civilsachen   . .     . E     . R     . . GARY COLLECTION III. Journals   Law. Annalen  . Deutschen Reichs  . Gesetzgebung . Archiv     Recht              .     . Archiv     Recht.          . Archiv     Praxis      . Deutsche Juristenzeitung             Jhrg.    . Gerichtssaal              .     . Jahrbiicher   Dogmatik (Gerber   Ihering)           . Ser.  .  .     . Ser. II.  .     . Ser. III. (   )  .    . Jahrbuch  .   Vereingigung  . Rechtswissenschaft.  .    . Jahrbuch  .   Vereinginung  . Gewerbliches Rechtsgeschiitz.             .    . Kritische Vierteljahrschrift   Gesetzgebung .          . Mitteilungen  . Gesellschaft  .   Rechts   · Staatswissenschaft   Berlin.        . (    Vierteljahrsschrift.) Seuffert'  Archiv.             .          . Striethorst  Archiv  . Rechtsfalle   Ober Tribunal. .      . Verhandlungen  . Deutschen Juristentages   . Gesamtbericht. Vierteljahrschrift  .   Rechtswissenschaft. . II.     . (    Mitteilungen). Zeitschrift   Civilrecht   Prozess.             . .  .     . Zeitschrift     Rechtswissenschaft. .     . Zeitschrift       .   Recht.             . . Zeitschrift     Recht.           .      . (    Zeitschrift  .  .  ). Zeitschrift   Handelsrecht (Goldschmidt). .         Supplements    . Zeitschrift     Civilrecht.           . (    Zeitschr.  . Biirgerl. Recht ). Zeitschrift   Rechtsgeschichte.             . Zeitschrift   Savigny Stiftung  . Rechtsgeschichte. (German.  . Roman. Abtheilungen). .     . OF CONTINENT AL LAW. IV. Treatises. Abraham  Hanseatische Rechtssprechung. . Alexander  Konkursgesetze   Lander·     . Amira  Grundriss  .   Rechts.          . Barre  Biirgerliches Gesetzbuch   Code Civil.     . Bechmann  Kauf   .    &amp; II   .          . Berg  Handbuch  . Polizei Rechts           .    . Bernstein  Revision  . Wechselordnung.     . Beseler  System     .   Privatrechts.    . . Bethmann Hollweg  Civil μrozess. Binding  Grundriss     Strafprozessrechts. .     . Birkmeyer  Encyclopadie.     . Boehm  Handbuch   .   Nachlassrechts. .     . Bornhak  Preussisches Verwaltungsrecht.     . Bresslau  Urkundenlehre.        .  . Bruck  Die Gegner   Deportation. Ueber Spiel   Wette. Bruckner  Fideicommiss.     . Brunner  Forschungen   Geschichte Rechts.     . Anglo   Erbfolgesystem.     . Deutsche Rechtsgeschichte.               . Der Anteil     Rechts     Entwickelung Universitaten.     . Entstehung   Schwurgerichten.     . Grundziige  .   Rechtsgeschichte.     . Zur Rechtsgeschichte    .    . Urkunden.     . Cosack  Lehrbuch       Rechts   . .          . Lehrbuch   Handelsrechts.    .     . Dernburg  Biirgerliches Recht     Reichs Preussens.             .         II. III. Lehrbuch  .   Privatrechts. . Eger  Enteignung  . Grundeigenthums.              Vols. Eisenbahnrecht.          . Internationales Uebereinkommen   Eisenbahnfrachtverkehr. .     . Ehrenberg  Versicherungsrecht   .     . GARY COLLECTION Endemann  Handbuch   . Handelsrechts.               . Lehrbuch  .  .  Rechts.    . . Ficker  Beitra.   . Urkundenlehre.          . Finger  Unerlautender iVettbewerb  Kommentar.     . Freund  Wechselrecht   . Friedberg  Formelbuch   Handelsrecht.    .      . Frommhold  Deutsche Rechtsgeschichte.     . Gestel  Waarenbezeichnung. Gierke  Deutches Privatrecht   .     . Rechtsgeschichte     Genossenschaft.     . Goldschmidt  Handbuch  . Handelsrechts     .  .     . System  . Handelsrechts      ..     . Grashof  Wechselrecht  . Araber.     . Grawein  Perfection   Accepts.     . Grimm  Deutsche Rechtsalterthii.      .           . Gros  Handbuch  . Untersuchungsrichtern.    .      . Vols. Grii.   Enteignungsrecht.      . iVechselrecht.          . Handbuch   .  . Konsularwesens. Heusler  Gewere.     . Institutionen.               . Heymann  Kommentar   Burgerlichen Gesetzbuch. Hiestand  Schadenersatzanspruch  . Versicherers.     . Holtzendorff  Encyclopa.    Rechtwissenschaft.    . Parts         . Horten  Personalexecution   .    II   .          . Jaeger  Konkurs  .   Gese  .     . Jhering  Besitzwille.     . Civilrechtsfallen.    .     . Grund  . Besitzschutzes.    .      . J    .  .  Lebens.     .      . Kampf   Recht.     .      . Scherz   Ernst.    .      . Trinkgeld.    .     . Vorgeschichte  . Indo Europaer.     . Justi  Grundriss  . Polizeiwissenschaft     . Ka.   Personenstandgesetz.     . Katalog   Reichsjustizamt.          Ed. Kohler  Aus  .   Patent.  . Industrierecht. .    . Einfii.   .  . Rechtswissenschaft.     . Handbuch  .   Patentrechts.     . Shakespeare     Forum   J .     . Urgeschichte   Ehe.     . Pfandrechtliche Studien.     . OF CONTINENT AL LAW. Kuhlenbeck  Urheberrecht.     . Lehmann  Recht  . Aktiengesellschaften.     . Leonhard  Irrtum.     .  Liebermann  Die Gesetze   Angelsachsen.             . Parts      . Loewe  Strafprozess Ordnung  .   Reich.     . Lorsch  . Schroeder  Urkunden   Geschichte &lt; Privatrechts.    .         .  . Mandry  Civilrechtliches Inhalt  . Reichs Gesetze.    . . Meili   Institutionen   .   Rechtswissenschaft. . Wegweiser  II      . · Uebersicht     Literatur.          . Nussbau  Leitfaden  .   Gerichsbarkeit.     . Olshausen  Kommentar     Strafgesetzen   . Reichs.          . Parisius   Cruger  Genossenschaftrecht.    .      . Gesellschaft  . Besschriebter Haftung .      . Philler  Grundbuchordnung.     . Planck  Burgerliches Gesetzbuch.          . Lehrbuch  . Deutschen Civilprozess.          . Posse  Die Lehre   Privaturkunden.     . Post  Grundriss  .   Jurisprudenz.    . . Puntschart  Schuldvertrag   Treugelobniss    . Rechts.     . Rieser  Grundgedanken  .   . Kodifizirten Handelsrecht. . Roenne  Baupolizei.    .      . Roetlisberger  Urrheberrrecht     Landern.    . . Sarwley  Kommentar   Konkursordnung   .  . Reich     .      . Schroeder  Lehrbuch  .   Rechtsgeschichte. .      . Schaps  Deutsches Seerecht.            Parts    . Schmidt  '\Vaarenzeichenrecht.     . Schnitzler  Rechtsverkehr   Deutschland  .  . Ver. Staaten  . Amerika.    .      . Schulte  Lehrbuch  . Deutschen Reichs    Rechtsgeschichte. .      . Seuffert  Konkursprozessrecht.     . Seligsohn  Patentgesetz.    .     . GARY COLLECTION Siegel  Deutsche R  .    .     . Sohm  Recht  . Eheschliessungen.     . Frii.   . Romisches Recht.     . Spaeing  Franz   Englisches Wechselrecht.     . Franz   Englisches Handelsrecht.     . Staub  Kommentar       Wechselordnung. .     . Handelgesetzbuch.          .    . Stephan   Schmidt  Schutz  .   Urheberrechts. . Stintzing  Geschichte  .   Reichswechselrecht II  &amp; III      .          . Stobbe  Geschichte     Rechtsquellen.          . . Handbuch     Privatrechts.    . .    . Stoelzel  Schulung  .     Praxis.          . Rechtslehre  . Rechtsrechnung.     . Stoerk  Zur Methodik      Rechts. Die Litteratur     Rechts. Option   Plebiscit   Eroberungen   Gebietcessionen. Struckmann   Koch  Civilprozessordnungen .   aLtfl. . Thudichum  Geschichte     Privatrechts.     . Wagner  Seerecht.  .         . Weber  Geschichte   Handelsgesellschaft   Mittelalter. . . Zallinger  iVesen   Ursprung   Formalismus .     . (See   INTERNATIONAL LAW) . OR.EECE. Codes   Statutes  GARY COLLECTION HUNGARY. . Codes   Statutes. Corpus Juris Htmgarici  Editio     .  \  . . ( . Latin   Hungarian.) (Contents V  Articuli    .          . VI  Opus Tripartitum Stephani   Werh  . VII Approbatae  ). Ungarische Gesetzsammlung.            (  German Hungarian). A Magyar K  . Torveny   . Dr. Nagy F. (Commercial Code). Osz     t       . Ralas E. (Penal Code) . Darday S.  Kozigazgatasi Torvenytar.          Vols. (Collection      ). Low  Das   Handelsgesetzbuch. Martinet   Dareste  Code   Hongroi        . II. Decisions   Courts. Dontvenytar. A  . Kir. Curia . .          . Index. III. J     Law. Jogallam Jog        . Szerkestik  Edv Illes Karoly  Baumgarten  Nandor    Gyomal Zsigmond. .    . (  Law State Monthly) . Jogtudomanyi   Koslony . S . . Dardai S.   Fayer L. .         .     .   Index           . (Magazine   Legal Science). Jogtudomanyi  .           (   ) . IV. Treatises. Von Timon   A.  Ungarische Verf.   . R (Schiller'   .)    Ed .      . • (See   AusTRIA) . ITALY. . Codes   Statutes. Codici     Regno  '       (Manuali Barbera)       . (Text   Commentary). OF CONTINENT AL LAW. Prudhomme  Code   Italien .     . Turrel  Code   Italien .     . Code     Italien    Janvier .     . Nani  Repertorio       (         ). . Nani  Supplement            . Cronaca Legislativa              .     . II. Decisions   Courts. Annali   Giurisprudenza              .     . Monitore   Tribunale              .     . Ill.     Law. Serafini  Archivio Giuridico (       ). IV. Treatises. Brandileone  I  Contratto   Matrimonio.     . Cattaneo  Introduzione       Scienze Giuridiche. Calisse  Storia      .     . Chironi  Trattato   Privilegi   Impoteche     Pegno . Ficker  Forschungen   Reichs    Rechtsgeschichte Italiens. La Mantia  Storia      .     . Manzini  L'Evoluzione     Stato   Diritto Penale.     . Patetta  Ordalie. Fertile  Storia      .    .     . Pacifici Mazzoni  Codice      . . Racioppi  Forme   Stato.     . Le Sei Piu Recent  Costituzioni   Stati Uniti D'America.     . Salvioli  Manuali          .     . Schupfer  Manuale          .     . LUXEMBOURG. Codes  Statutes   Decisions. Code   Commerce   Luxembourg. Code     Luxembourg. Code    '    Luxembourg. Relations     Luxemburg. Code     Luxembourg. GARY COLLECTION Pasinomie Luxembourgeoise            (Recueil   Lois Decrets  Arretes  Reglements            .. G. .  Dl!    Luxembourg) . Vols.   V. MONACO. ·Codes   Statutes. Code         Monaco . Collection           Monaco . Code     Monaco. Code  '      Monaco. Code     Monaco. Code   Commerce   Monaco. Ordonnance     Consulats    \Ionaco. Rolland   Projet   R     Code   Procedure Monaco. Rolland  Projet   Code   Procedure     Monaco . MONTENEGRO. Codes   Statutes. Alimena  Legislazione     Montenegro. Bogisic  Code     (Texte  ). Cettinj        . Bogisic  Code     (French     Dareste Riviere)      . Code     Biens      Dareste.     . Codici     Montenegro. Gesetzbuch Daniel    . Montenegro (     ) . Popovic  R     Gericht   Montenegro . Vernie  Wichtigkeit  . Montenegr. R  . NETHERLANDS. . Codes   Statutes. De Nederlandsche W               Nov. .              J. A. Fruin.      .     . Ned. Staatswetten (Schuurman)     . Oudemans  Nederlandsche Wetboeken     . . De Nederlandsche Staatswetten    Meyer. . Codes Neerlandais      Tripels.               . . OF CONTINENT AL LAW. II. Decisions   Courts. Nederlandsche Regtspraak   .                 . Ill. Journals   Law. Themis   .                . IV. Treatises. Fockema Andreae  Bydragen     Nederlandsche R  . .   IV. Molengraaf  Leidraad     Beoefening     Nederlandsche Handelsrecht. (See   BELGIUM.) · NOR.WAY. . Codes   S  . Mejlaender   Almindelig Norsk Lovsamling           . Ed.          . Faerder  Norsk Lovsamling            . II. Decisions   Courts. [See J     .] Ill. Journals   Law. Tidsskrift   Retsvidenskab   .   Bertyrelsen     . Stang'  Stiftelse   Christiania             Years     . Norsk R               . IV. Treatises. Amira  Nordgennanisches Obligationsrecht . Brandt  Forelaesinger     Norske Retshistorie.     . Hagerup   Den Norske Civilprocess. Panteret . Nordisk R      .   Aschoug  Berg  Krieger . A .               .     . Plato  Norsk Arveret       . Scheel  Aegtefallers  Formuesret. Taranger  Udsigt     Norske    .     . (See   DENMARK .) GARY COLLECTION PORTUGAL. . Codes   Statutes. Codigo Edicao             . . Codigo . Codigo Julho       . Quinta          . Codigo . Cod.                 Setembro . Code       Ier G. Laucyrie   Joseph Dubois.     . Code   Commerce Ernest Lehr      . II. Decisions   Courts. Gazetta   Relacao   Lisboa              .     . III. Journals   Law. Direito  Revista   Jurisprudencia   Legislacao J . Luciano   Castro.   .     . ROUMANIA. . Codes   Statutes. Codul     Romaniei    Hancangiu      . (Collection             .) Code   Commerce Roumain    Joan Bohl.     . II. Decisions   Courts. Curierul   (Doctrina )  Redactor Ion N. Cesarescu. Bucuresti                     . III. Journals   Law. (     Decisions.) IV. Treatises. Alexandresco  Droit         Ia Roumanie.     . Blaramberg  Les           Ies Roumanie.     . Bohl  Le      .     . OF CONTINENTAL LAW. R.USSIA.* . Codes   Statutes. ( ) Codes   Law     Russian Empire  Official . ( ) A. Borovikovsky  Law   Civil Procedure Decisions     Civil Cassation Department Senate. ( ) A. Borovikovsky  Civil Laws (Code   Laws  Vol. .  )   Commentary   Notes     Decisions Civil Cassation Department     Senate. ( ) H . S. Taganzoff  Code   Criminal   Corrective Punishment    Annotations. ( ) S. G. Stcheglovistoff  Criminal Procedural Statutes Emperor Alexander II    Commentary Decisions  . Tchernow  Code   Commerce Russe  II. Decisions   Courts. ( ) Collection     Decisions     Cassation Departments Senate . Official Edition. III.     Law. (  ) Jurist         .  . (  ) Vestnik Prava  (Journal   Law)     . IV. Treatises. ( ) Anisimoff  Documents Certifiable   Parish Authorities. V. Budanov  Histoire          Chrestomathie . Diakoff  La Russie      .     . Halban    Geschichte   Deutschen Rechts   Podolien. R.   Hube  Histoire      .           . (  ) Kazansky    Function   Lectures   Legal Faculties. . (  ) Kazansky  Corpus Juris Gentium.     . Klibanski  Die     Wechselordnung      . Codex   R. Civilrechts.     . Handtman  Russisches Handelsverkehrrecht.       Vol.  . Lehr  Elements        .              Vols. * Russian Russian              . GARY COLLECTION ( ) Leontieff    Parish Court   Juridical Customs Peasants. Macieiowski  S           Rechtsgeschichte (  Polish). . (  )  . K. Malisheff  Course     Civil Laws   Russia  Finland  Poland  Baltic Provinces  Bessarabia Jews   Moslems. (  ) P. Mrotchek Drozdovsky  History     Russian Law. (  ) Palienko  Sovereignty.     . (  ) (  ) Poustorosleff  Volition   Criminal Law.           . (  ) Poustorosleff  Legal Position   Persons Crime.     . (  ) Poustorosleff  Lectures   Special Parts     Russian Criminal Law.     . (  ) (  ) Poustorosleff    Principle   Criminality.     . (  ) Romanovich Slavatinksy  System   Russian Political Law.     . ( ) B. Stavsky  Civil Law     Kingdom   Poland Decisions       IX Department   Warsaw (          )       Civil Cassation Department (         )     Senate. (  ) A. Stoff  Mining Laws  Explanation Mining Laws   Russia.  RUSSIA  FINLAND AND BALTIC PROVINCES. Journals   Law. Tidskrift     Juridiska     Finland  Vols. .          . Treatises. Broecker  Livlandisches  Estlandisches   . Kurlandisches Privatrecht. Chydenius  Hustrus F rm  .  Forha. . La.    Leveransaftalet. Erdmann  System   Privatrechts   Ostseeprovinzen. Vols. Forsman  Straffra.   .  Jarn. Montgomery  Handboki Finlands   Privatra. . Malisheff  (     RussrA) . Schmidt  Rechtsgeschichte Liv   Est     Kurlands Wrede  Giftermals  . Sakra. . Allma.   . . U ts  . Konkursra. . Bevisra. . (See   SWEDEN). OF CONTINENT AL LAW. SERBIA.* . Codes   Statutes. Collection   Serbian                  . Serb. Civ     Handelsgesetzbuch. Serb. Civilgesetzbuch. Serb. Strafgesetzbuch. Serb. Gesetzbuch   Civilprozess . Serb. Concursegesetzbuch. Serb. Verfassung      . II. Decisions   Courts. Collection   Decisions     Serbian Court. III .     Law. Branic (Serbian Law Journal)   IX           . IV. Treatises. System   Serbischen Civilrechts. Serb . Jury. Serb. Verwaltungsrecht . Serb. vVechselrecht. Serb. Gem  . Serb. Handelsrecht. Serb. Erbfolgerecht. Grenzen   Serb. Richtergewalt. Jovanovic  Geschichte   Serbischen Rechts. Peritch  Le Traite   Berlin     Question     Nationalite Rapport     Principaute   Serbie      . SPAIN. . Codes   Statutes. Cdigo Civil          M. Falcon    Vols. Codigo   Comercio      .    V. Romero   Giron      . Codigo       Constitution     Monarquia       Junio       .   . .     . Ley    !     Estado .  .      . Ley   Reglamento Junio           .  . Leve  Code           .     . Prudhomme  Code   Commerce .     . * All     Servian Professor Peritch'   . Its . GARY COLLECTION II. Decisions   Courts. Jurisprudenzia               Vols .     . Jurisprudenzia               Vols.      . III. Journals   Law. Revisto Generalo   Legislacion              Vols.     . IV. Treatises. Antequera  Historia              . Brau    Geschichte     Rechts .     . Chapado Garcia  Historia     Derecho Espanol.     . Estanyol   Colom  Derecho Canonico (Historia  ). . Gil  Censos     Legislacione  . Hinojosa  Historia        .     . Ielfferich  Entstehung   Geschichte   W .     . Neumann  Derecho International Publico Moderno.   . Sela. Perena   Puente  Derecho U  .     . Valverde  Las Modernas Direcciones     Derecho Civil. La Nacionalidad . SWEDEN. . Codes   Statutes. Sveriges Rikes Log (      Codes).     . Swedish Fundamental Law (     ).     . Codes          ( ' '           !  )        Grasserie.      . (See      JOURNALS.) II. Decisions   Courts. (See    JOURNALS) . [II. Journals   Law Nytt Jurisdisk Arkiv             Vols.     '. ( ). (See   NORWAY  RussrA  FlNLAND.) lY. Treatises. Hagestr    Svensk Straffriitt. Nordlung  Foreliisningar    Arfdabalken. Nordling  Boskilnad       d dsmaμsbo. Olivecrona  Testamentsriitten. W iμr ot   Svem         .J   . OF CONTINENT AL LAW. SWITZERLAND. . Codes   Statutes. Bundesgesetzgebung          Supplement. Vlolf  Schweizerisches Rechtsbuch.         Vols. Sammlung Verfassungen.     .  Sammlung   Gesetze   .  .  .     Civilrecht Kantons Basel.     . Zeerleder   Reichel  Bernische Civilgesetze.         Vols. Code Civil   Canton   Grisons  R.     Grasserie.     . Jaeger  St. Gallisches Privatrecht      . Huber  Thurgauisches Rech  . Aargauisches Rechtsbuch.     . Neuchatel  Nouveau         (   ). Ziircherische Rechtspflege (Straiili).          . Luzerner Ziv.  . Ziv.  . Gesetze (Bossard &amp; Weibel). . II. Decisions   Courts. Entsch.  . Schweizerischen Bundesgerichts.           Vols. . Schweizerische Rechtssprechung (Brodbeck).     . Ill.     Law. Zeitschrift   Schweizerisches Recht             Vols. . (      Vols.             Vols.     ). IV. Treatises. Faesler  Bundesgeset    . Schuldbetreibung    Supplement. Vols. Huber  System  . Geschichte  . Schw Privatrechts.   Vols . . Orelli  Vorlesungen   Schweizerische Rechtsgeschichte . .     . Stoos  Grundziige  . Schweizerischen Strafrechts. Vols. TUR.KEY (IN EUROPE). . Codes   S  . Destour (Collection       Turkish ). Aristarchi Bey  Legislation      Recueil .      Nicolaides. Vols.    . Piat  Code   Commerce    .     . Meysonnasse  Code         . . .  . . (   )..      .. GARY COLLECTION II. Decisions   Courts. Djeridie Mukakisir   Hadlie  Years            Vols.     . III. Journals   Law. (     Decisions). IV. Treatises. Arslanian  Recht   Grundeigenthums   Erbrecht  .  . Turkei.     . Baillie  Digest   Mohammedan Law.     . Derenbourg      Lambert  Traite .     . Klasim Zia  Expose          .     . MacDonald  Muslim Theology  Jurisprudence    Constitutional Theory.     . Nauphal  Cours      .     . Savvas Pacha  Theorie      .          . Le Tribunal  .     . Tornauw  Droit  .     . Van   Berg  Minhadj   Talibin.     . Zuynball  Handleiding     Kennis     Mohammedaansche .     . ECCLESIASTICAL LAW.* Corpus Juris Canonici   . Friedberg     . . Biener  Beitrage  . Geschichte  . Inquisitionsprozess. Esmein  Etudes    '         . Vols. Fournier  Les Officialites      . Hinschius  Kirchenrecht. Vols.   VI              . Schulte  Geschichte   Quellen   Literatur   Canonischen Rechts   Gratian       Gegenwart. Vols. Tanon  Histoire       !'    France. R.OMAN LAW. Accarias  Precis      .   .  .     . Bruns  Syrisch R   Rechtsbuch.     . Corpus Juris Civilis  Ed. Kruger Mommsen  Schoell  Kroll. Vols.           . *      Roman English . OF CONTINENT AL LAW. Cuq  Les       Romains.    .     . Dernburg  Pandekten     Ed.           (Vol.  . Ed.). Flach  Etudes      ' .     . Fontes Juris Romani   . Bruns  Mommsen   Gradenwitz . VI.     . Gaii Institutiones      .  Dubois  '  Studemund. . Jhering  Entwickelung   Geschichte   . r   Rechts. . Jhering  Geist   Romischen Rechts.    . J    Romische Wissenschaft  .     . Republik    .  . . Jurisprudentia     . Huschke.     . Lambert  L'      XII Tables. Karlowa  Romische Rechtsgeschichte  Vols.    II         . . Kruger  Geschichte   Quellen.     . Mortreuil  Histoire      .        . Pernice  Labeo.            Vols.   III   . Savigny  F. C.  Geschichte   r   R     Mit. . Lene!  Palingenesia.     . Vocabularium       . Gradenwitz .    . Windscheid  Pandekten     .         Vols. Zachariae  . Lingenthal  Gesch.  . Rechts.          . INTERNATIONAL LAW.* . Pasicrisie Internationale (La Fontaine)          Vol. Revue                 Hl Vols.   VII. Zeitschrift  .   Privat  . Strafrecht           . Vols.     . La Justice Internationale        Vol.  . (Monthly Review     Decisions     International Court     Hague.) *These     International Law Library (      Annuaire 'Institut  Martens' R    British   Foreign State Papers   .)              purchasP. Gary  . GARY COLLECTION. Le DroiL   ' \uLcur             Vols.     . (Journal     International Copyright Union  Berne.) (See   FRANCE  GERMANY.) Treatises   Collections. Bonfils  Manuel      .  .     .     . Calvo  Le          .     . Vols. Collection  Isabel II . Marques   Olivard           . Dumont   Rousset  Corps  ! ' .    Charlemagne   '   .              Vols. Supplement             ' .      '  !'    Charlemagne Barbeyrac .          . Negotiations             Munster Osnaberg.         Vols. Histoire  .         Vervins  ' Nimeque.          . Recueil         France (         )   . C.   Freycinet    Jules De Clercq.               Vols. Fiore  Nouveau    .        Antoine. Vols. Heffter  Europaisches Volkerrecht.    .      . Leske   L    R Verkehr.              Vols. Martitz  Internationale Rechtshilfe   Strafsachen. Vols. Pelissier   Rausas  Le         !' Ottomane.       Vol.  . Pradier Fodere  Traite      . Vols. Salzedo   Clotet  Traites        . Tome Ier (     ). Weiss  Traite .            Vols.    . Zitelmann  Internationales  . Vols.        . (See   AUSTRIA  FRANCE  GERMANY  SPAIN  RussIA II SELECTION AND MANAGEMENT OF A JURY. An Address Delivered     Course   Legal Tactics z       Luther Lajl£  Mills  Esq.* By State . State   Illinois      " "         .    . Surviving  ' .   Christendom                    . Not     ·  ! (            )  . And  * .   .  LEGAL TACTICS.       .  Illinois  .      .     State   '    . "    "    la        . Jurors                 .  . There      .   .   MANAGEMENT Of A JURY. . .   . And  .      .    .  Northwestern University Law School Selection   Management     Jury    .    . And  . ' "     "        . State  . .  . . Now      appre LEGAL TA CTI CS.    .  . He   .   . One   .  '  .  .     State . "  ." " Every       ." " Section Chapter      Hurd'  Revised Statutes    .   ." Section    Chapter "Jurors         Illinois ! proporMANAGEMENT OF A JURY.   First. Inhabitants . Second. Of           (  ) (   )    . Third. . Fourth. Free  English  ."   .  .  .  .         .      '  .   Statute. To . They . Paragraphs         Section     Chapter Revised Statutes        . " ."    . LEGAL TACTICS.      . " " English  .    . To English .    . Too ' ·  . . .    . . Never  . . His . . Keep . . Christian           . . State   . MANAGEMENT OF A JURY. . Never {    . Pardon . Some  State.   . .  . Indeed .    .  . After .  '  . Upon  . .  .        "  . Did ?" "Yes             ." "Well "      "  ." .     LEGAL TACTICS. .    . .   Management     Jury  .  . Of .   ' . Generally   . He     .  . Indeed . Thomas Drummond      United States Circuit Court   . An  .            .  . During  . After  . He . Beginning  path '  '   .  MANAGEMENT OF A JURY. Hibernian   . ' . . Be . .          . Enthusiasm . .  . By    . Fix      ' . On ' Abraham Lincoln . Years County   Sangamon     State . An .   . They   ·       .  . While Sheriff     County Springfield. No Sheriff . They          .  Sangamon . To  Sangamon . He LEGAL TACTICS.    .     ' " ." He   Abraham Lincoln. . On  . A Springfield   . . He                  Lincoln . Twelve .          '  . Lincoln  . ' . Lincoln .  . Lincoln . " Proceed       " .      ' . He       Lincoln    . He  . He  . He        . He "My                  Sangamon  .  . MANAGEMENT OF A JURY. . Now      " ' "           ." He  "After   ." . He " .   "  .                " !" He      .    '  . There                "Lincoln . We ?" . Faith   Lincoln .    . </text>
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                    <text>SUPPLEMENT
SERIES III

AUGUST_NOVEMBER, 1904

NUMBERII

NOR-THWESTERN
UNIVERSITY
CHICAG O-E VANSTON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN
LAKE AND

UNIVERSITY BUILDING

DEARBORN STREETS

CHICAGO

PUBLISHED QUARTERLY BY

NORTHWESTERN

UNIVERSITY

��CALENDAR OF SESSION, 1904-1905
1904.

September 26, Monday,
September 27, Tuesday,
September 28, \,Yednesday,
September 29, Thursday,
November 24, Thursda y,
December 23, Friday,
1905.

January S, Thursday,
January 26, Thursday,
January 30, Monday,
February 4, Saturday,
February 6, Monday,
February 22, ·wednesday,
May 20, Saturday,
May 25, Thursday,
June rs, Thursday,

Registration Day for New Students.
Registration Day for Applicants for
Advanced Standing.
Registration Day for Other Students.
Lectures Begin.
Thanksgiving Recess.
Lectures Close for Christmas Recess.
Christmas Recess Ends,
Begin.
Lectures Close.
Examinations Begin.
First Semester Ends.
Second Semester Begins.
V\Tashington's Birthday.
Lectures Close.
Examinations Begin.
Commencement Day.

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

Entered at the _Post Office at Chica~o. Ill., as second-class matte

1

Lectures

�REVISED LIST OF THE FACULTY
FOR 1904.*
EDMUND JANES JAMES, Ph. D., LL. D. ,

President of the University.

JOHN HENRY WIGMORE,

(A . M., LL. B., Harvard University)

Professor oj Law and Dean of the Fq,culty.
HARVEY BOSTWICK HURD,
(LL. D .. Northwestern University)

Emeritus Professor of Law.
CHARLES CHENEY HYDE,

(A. M ., Yale University; LL. B .. Harvard University)

Associate Professor of Law.
ALBERT MARTIN KALES,

(A. B., LL. B., Harvard Universit y)

Associate Professor of Law.
SAMUEL ADAMS ,

(A. B., Harvard University; LL. B., Northwestern University)

Professor in the Law of Procedure and Practice.
JOHN HENRY SHELDON LEE,

(A. B., Harvard University; LL. B. , Northwestern University)

Assistant Professor in the Law of Crimes and Criminal Procedure.
CHARLES GEORGE LITTLE,

(A. B., Amherst College; LL. B., Northwe•tern University)

Associate Professor of Law.
HENRY SCHOFIELD,

(A. 114., LL. B., Harvard University)

Professor oj Law.

LOUIS MAY GREELEY,

(A. B., Harvard University)

Professor in the Law of Conveyancing and Mortgages.
*Arranged, with the exception of President and Dean, within each 2roup in
the order of seniority of appointment.

2

�THE LAW SCHOOL.

3

LEVI HAR.PER FULLER.

(B. S., Upper Iowa University; LL. B., Iowa State Univenity)

Professor in the Law of Procedure and Practice.
FREDERIC CAMPBELL WOODWARD,

(A. M., Dickinson College; LL. M., Cornell University)

Professor of Law.

CHARLES CLARENCE LINTHICUM,
(LL. B., Northwestern University)

Professor in the Law of Patents.
WILLIAM H. DYRENFORTH,
(LL. B., Northwestern University)

Professor in the Law of Patent Practice.
OTTO RAYMOND BARNETT,
(LL. B., Northwestern University)

Associate Professor in the Law of Patents.
MITCHELL DAVIS FOLLANSBEE,

(A. B., Harvard University; LL. B., Northwestern University)

Professor in the Law of Procedure and Practice. Lectursr on
Legal Ethics.
EBENEZER WASHINGTON ENGSTROM ,
(A. B., Northwestern University)

Instructor in Voice Training and Forensics.
HENRY LEE PRESCOTT,

(A. B .• LL. B., Harvard UniTersity)

Instructor in Forensics.
JOSEPH ROBERT,

Instructor in Parliamentary Law.

CHARLES PICKARD,

Lecturer on Trade-Mark and Copyright.

CHARLES BYRD ELDER,

(LL. B., Northwestern University)

Lecturer on Extraordinary Legal Remedies and!Judgments.
HENRY CLAY HALL,

(B. S., Wabash College ; LL. B. , Northwestern University)

Lecturer on Insurance.

FREDERIC BEERS CROSSLEY,
(LL. B., Northwestern University)

Secretary of the Law School and of the Faculty.

��REVISED COURSES OF INSTRUCTION AS
GIVEN IN 1904-.
FIRST YEAR.
FIRST TERM .

C011tracts-Three hours a week.

Keener's Cases on Contracts.
Professor WOODWARD.
Torts-Three hours a week. Ames' and Smith's Cases on Torts.
Professor VhGMOtiE.
Property (!)-Two hours a week. Gray's Cases on Property,
Vols. I, II. ( Personal property; tenures and estates in real property ;
fixtures, profits, easements, covenants running with land, rents.)
Professor KALES.
Co1111non Law Pleading and Procedure-Two hours a week.
Ames' Cases on Pleading; Andrews' Stephen on Pleading.
Professor ADAMS.
Crimes and Criminal Proced·1 tre-Two hours a week. Beale's
Cases on Criminal Law.
Professor LEE.
SECOND TERM .
Contracts (continued)-Three hours a week.
Professor \Iv OODW ARD.
Torts (continued)-Two hours a week.
Professor WIGMORE.
Prop erty (I) (continued)-Two hours a week.
Professor KALES.
Com·mo11 Law Pleading and Proced11,re (continued)-One hour
a week. Lectures and practical exercises.
Professor ADAll!S.
Master and S ervaut in Tort-One hour a week. Wambaugh's
Cases on Agency.
Professor WIGMORE.
Dam.ages-One hour a week. Beale's Cases on Damages.
Professor SCHOFIELD.
SECOND YEAR.
FIRST TERM.

Evidence-Two hours a week. Thayer's Cases on Evidence, 2d
Professor WIGMORE.
edition.
Trusts-Three hours a week. Ames' Cases on Trusts.
Professor WooDWARD.
Agency- Two hours a week. \Vambaugh's Cases Ort Agency.
Prnfoss@r ·l,1n111s,
5

�6

NORTHWESTERN UNIVERSITY.

Comniercial Paper-Three· hours a week.
and Notes.

Ames' Cases on Bills
Professor HYDE.

Equity Jurisdiction-Thre e hours a week. Ames' Cases on Equity
Professor SCHOFIELD.
Jurisdiction.
Property (JJ}-Two hours a week. Gray's Cases on Property,
Vols. III, IV. (Acquisition of real property inter vivos, including
deeds, covenants, etc.; devolution of property at death, including
Professor KALES.
descent, wills, administration, etc.)
Perso11s (Domestic Relatio 11s)-Two hours a week. Smith's
Cases on Persons.
Professor KALES.
SECOND TERM.

E,:idence (continued)-Two hours a week.
Professor Vv'rGMORE.
RropertJ' (II) (continued)-Two hours a week.
Professor KALES.
Equity Jurisdiction ( continued)-Three hours a week. Ames'
Cases on Equity Jurisdiction.
Professor SCHOFIELD.
Quasi-Contracts-Three hours a week. Keener's Cases on QuasiProfessor WooDw ARD.
Contracts.
[Given in 1904-1905, and alternate years.]

Sales of Personalty-Three hours a week. Williston's Cases on
Professor WooDw ARD.
Sales.
[Omitted in 1904-1905, and alternate years.]

Insurance (Fire and Life}-Two hours a week. Wambaugh's
Cases on Insurance.
Mr. HALL.
Equity Pleading and Pro cedure-Two hours a week. Fletcher
on Equity Pleading; and practical exercises.
Professor ADAMS.
THIRD YEAR.
FIRST TERM.
Corporations-Two hours a week.
tions.

Smith's Cases on CorporaProfessor LITTLE.

Procedure and Practice -in Illinois-Two hours a week.
Professor FOLLANSBEE.
International Law ( I )-Two hours a week. Scott's Cases on
International I.aw,
Professor HYDE,

�THE LAW SCHOOL.

7

International Law (JJ)-American Treaties and Diplomacy; topics
Professor HYDE.
for re~earch. Two hours a week.
Sttret·y ship-Two hours a week.

Ames' Cases on Suretyskip.

Professor LITTLE.

fttdgments and Aiixiliary Legal Remedies (Attachments, Garnishment, Execution, etc.)-One hour a week. Rood's Cases on Attachments and Judgments.
Mr. ELDER.
C onstitittional Law-Three hours a week. Thayer's Cases on
Constitutional Law.
Professor SCHOFIELD.
Property (lll}-Two hours a week. Gray's Cases on Property,
Vols. V, VI. ( Conditional and future interests; restraints on alienation; fraudulent transfers; registration of deeds; conversion and
election; joint ownership; curtesy and dower; homestead.)
Professor KALES.
Admiralty mtd M ariite lnsitrance-Three hours a week.
Professor HYDE.
Conveyancing-One hour a week. Drafting exercises, study of
selected abstracts, and lectures on practice.
Professor GREELEY.
Conflict of Laws-Three hours a week. Beale's Cases on Conflict
Professor HYDE.
of Laws.
Code Pleading and Proceditre-One hour a week. Cases on Code
Professor WOODWARD.
Pleading.
Practice Court-Two hours a week, at a single session. Causes
prepared and conducted through all details of litigation, by students
as attorneys and counselors, under the direction of a professor as
judge.
Professor ,FULLER.
*Patents of Invention (!}-General Survey. Five lectures.
Professor LINTHICUM.
Parts II and III will not be given, unless at least twenty special
students apply for them before October 15.
(/l}-Patent Soliciting. Twenty lectures, with practical exerProfessor DYRENFORTH.
cises.

(III)-Patent Law and Practice. Forty lectures.
Professor BA:RNETT.
•These three form a single course: the first part is open to all studentq; the
second and third parts are open to students of the second and third years, and to
special students, but cannot be taken separately. The nutnber of lectures is equiValent to two hours a week through the year, and vrQrk lu. t;hg course will therefore be
credited as four term hour,.,

�8

NORTHWESTERN UNIVERSITY.
SECOND TERM.

Corporations (continued)-Two hours a week (with exercises in
conducting corporate legal business, drafting instruments, etc.).
Professor LITTLE.
Bankrnptcy-Two hours a week. vVilliston's Cases on Bankruptcy.
Professor WooDWARD.
Constitutional Law (continucd)-Two hours a week.
Professor SCHOFIELD.
Carriers-Three hours a week. McClain's Cases on Carriers;
Beale's Cases on Carriers.
Professor HYDE.
[Omitted in 1904-1905, and alternate years.]
Conveyancing (continued)-One hour a week.
Professor GREELEY.
Mortgage$-Two hours a week. Kirchwey's Cases on Mortgages.
Professor GREELEY.
Public Officers-One hour a week.
Professor SCHOFIELD.
[Omitted in 1904-1905, and alternate years.]
Practice Co11rt (continued)-Two hours a week, at a single
Professor FULLER.
session.
Pateiits of Invention (continued).
Professor BARNETT.
Property (III) (continued)-Two hours a week.
Professor KALES.
Municipal Corporations-Two hours a week. Smith's Cases on
Municipal Corporations.
Professor ScHoFiELD.
Partnership-T\'vo hours a week. Ames' Cases on Partnership.
Professor LITTLE.
E xtraordinary Legal R e·medies (Mandamus, Quo Warranto,
Habeas Corpus, etc.)-One hour a week.
Mr. ELDER.
Jurisdiction of Federal Cottrfs-One hour a week.
Professor SCHOFIELD.
The total number of term hours offered for selection in this curriculum is one hundred and eleven, the equivalent of nearly fifty -six
hours a week through the year. The courses being graded as carefully as possible between the three year-groups, no first-year student
may take courses in the second or third year-groups without special
permission; and no second year student may take courses in the
third year-group (except Constitutional Law and Patents of Invention) without special permission; and a third-year student taking the
courses of Conveyancing and Property III n1ust already have taken
the courses of Property I and II. But any regular student i11~y take
any course offered in the group of the year for wiiicfl he is t!nteted; or
~-11¥ ~ourse not already taken by him in a precedii-lg year,

�THE LAW SCHOOL.

9

COURSES OF LECTURES NOT COUNTING FOR A DEGREE.

Trade-Marks and Copyrights-Six lectures.
Mr. PICKARD.
General Review-Five hours a week for a month; given twice, in
September and April, prior to the State examination for admiss.ion
to the bar.
Mr. DENT.
Legal Ethics-Five lectures.
Professor FOLLAN SBEE.
SCHEDULE OF HOURS.
The schedule of hours is so arranged that the courses are given
in general as follows : first year courses, between one and four
o'clock in the afternoon; second year courses, between nine and
twelve o'clock in the morning; third year courses, between three and
seven o'clock in the afternoon. The Practice Court is held in the
evening at half past seven.
SPECIAL TRAINING IN LEGAL WRITING AND SPEAKING
AND IN THE PRACTICE OF THE LAW.
In addition to the systematic instruction in the body of the law,
as represented in the foregoing curriculum, an effort is made to provide adequate training in the practical use of legal knowledge and
discipline, as well as in certain important details of legal writing
and speaking, which help materially to equip the accomplished lawyer.
The various branches of work directed to this end are as follows:
I. Pleadings and Other lnstrmnents-ln the courses on Common
Law Pleading, Code Pleading, and Equity Pleading, in addition to
the systematic course of study, the student is given exercises in the
drafting of the various kinds of pleadings. In Corporations, the
class is formed, during the second term, into two corporations, which
organize, elect officers, issue stock, enlarge capital, keep books, consolidate, and do various other acts of corporate business which call
for the drafting of instruments and otherwise familiarize the student
with the modes of using the legal knowledge acquired. In the other
courses, particularly Commercial Paper, Carriers, Insurance, and the
like, particular attention is paid to the study of forms of instruments
in common use.
2. Conveyancing-In the course pn conveyancing the chief material of the work consists in a series of selected abstracts of title,
some fifteen in all, representing the greatest variety of document3
and proceedings involving property rights. A separate copy of each
abstract is placed in the hands of every member of the class, and a
detailed study is made of the various matters of form and substance
from the conveyancer's point of view, and with regard to the laws of
the different States. Thorough work in this course ought to equip
the student as a practical conveyancer at the time of 'his entering
upon his profession. No one may take this course who has not
already taken the courses Property I and II.

�10

NORTHWESTERN UNIVERSITY.

3. Practice Coiirt-In the several courses of lectures on Procedure and Practice a systematic and detailed survey is taken of the
rules of law. In the Practice Court an opportunity is given to the
third-year students to become practically familiar with these rules
by the personal application of them in litigation managed by the
student himself. The Court's sessions are held weekly, on Thursday evenings, for two hours. During each session from one to three
cases are tried, with and without a jury; and other cases are disposed of in various aspects. In the mean time, between the sess.ions,
numbers of causes are being prepared and advanced from .tage
to stage by the student-attorneys in charge. While the proceedings are dispatched, at the hearings, by the respective attorneys,
all other members of the class are required to attend and make
notes and reports of the work being clone, so that each one obtains
aome lilenefit also from what is done in his presence by others. A
faithful observance of the work of this course ought to give the
graduate such an experience in using his legal knowledge as will
assist him materially to start in his profession with greater readiness
and practical facility. The systematic pursuit of such work under
an experienced instructor obtains for the student the same results
as a period of desultory service in a law office, and is more economical in time and more thorough and accurate in quality. A copy of
the printed Rules of the Practice Court will be mailed to any one
upon request.
4. Legal Tactics-For the past two years, on every Monday
evening until April, an address was given, by some well-known
member of the Bar, upon some topic of practice in which he had had
special experience, and in which the communication of personal
experience was of special value as a guide to others. This course
has been of particular value to young practitioners already at the
Bar, and will be repeated in r904-r905, with some variations.
5. Thesis-It is the desire of the Faculty to encourage original
research by students. Any member of the third-year class may
· therefore obtain credit to an amount not exceeding two term hours
by presenting a satisfactory thesis upon some legal topic approved
by a member of the Faculty before December rst. The the!lis must
be presented on or before May r5th of the year in which the student
·expects to graduate; it must be printed on the typewriter or otherwise, and is to be kept permanently in the school. The work should
be begun not later than December.
6. Public Speaking-The function of a lawyer, as the persuasive
adviser and leader of men, needs for its development some training
in oral argument and debate, use of the voice, conduct of meetings,
and the like.

�THE LAW SCHOOL.
FOLLOWING ARE THE REVISED REGULATIONS

11
FOR

THE WORK IN PUBLIC SPEAKING AND
MOOT COURTS IN 1904-5.
The instruction now provided under the heads of Public
Speaking and Moot Courts shall be consolidated into a single graded
course continuing through the three years.
The work in this course shall be required for graduation, beginning with all persons entering in 1904. Persons entering with
advanced standing who have not taken equivalent work elsewhere
are subject to the remaining requirements, applicable to the class
which they enter, except that a candidate for a degree in one year
may be exempted from specified parts of the work, or may be required to substitute the second year for the third year work.
The course at large shall be entitled Forensic vVriting and
Speaking. In the first year it shall be entitled, Forensics, Lectures
and Exercises; in the second year, Moot Court and Public Debate ;
in the third year, Practical Legal Advice.
The credit for work done shall be as follows : First year,
r term hour; second year, 1 term hour; third year, 1 term hour.
The first year work shall be as follows:

I. a. Parliamentary Practice; October; ( r) Elementary Course,
followed by examination; (2) advanced course, followed by an examination or thesis; this to be open only to not more than twenty
students passing the best examination in the elementary course, and
not to be a required part of the work.
b. Voice Training; November to January, inclusive; exercises
in sections of twelve or fifteen, once a week.
c. Legal _Arg11mentatio11 and Briefs; November to April, inclusive; once a week at 3 :45 P . M.; not more than twenty lectures
on Argumentation, accompanied by individual exercises in BrieJwriting, subject to private correction and public criticism by the
instructor.
d. Oral Forensics; May; the last two weeks before the final
examinations; all fir st year regular lecture courses ceasing, the corresponding hours are to be occupied by Oral Forensics in each course,
held by the Professor in that course, sitting with the instructor in

�12

NORTHWESTERN UNIVBRSITY.

Forensics. A list of numbered debatable propositions drawn from
the subjects of the respective courses shall be posted not later than
l\Iarch r.
For work clone in; parts a (!), b, c and d, combined, a credit of
one term hour is to be allowed.
The second year work shall be as follow s :

II. a. Moot Courts. In the second year a Moot Court shall be
held every Friday from November I to May r, at I :45 P. M. The
second year class shall be divided into two sections, A and B, each
section to meet on alternate weeks. The work shall consist of the
preparation and delivery of arguments and opinions of law on
statements of facts assigned beforehand. All statements of facts
shall be delivered to the counsel in the case by October I. Each
Professor shall preside at three cases consecutively. The chief
counsel, two on each side, shall hold a conference with the presiding Professor fo ur weeks before the day set for argument at an
hour appointed on the Bulletin Board; at this conference, each side
shall present (in separate consultation), an outline of the proposed
argument, in the form of brief propositions without citation of
authorities, and the Professor shall make such criticism and revision as may seem desirable. One week beforehand, counsel on
each side shall post on the official bulletin board a copy of their
final brief, with citation of authorities in type-writing, or plain handwriting on legal cap paper, and he shall hand another copy to the
opposing side. On the day of argument, the Professor shall preside
as judge, with two members of the section as associate judges. Each
attorney assigned shall be allowed not more than ten minutes for
argument in chief. All the other members of the same section
shall attend, and each member, not assigned as counsel or judge,
shall make an argument, not to exceed five minutes; in at least
every other case, i. e., at least once every four weeks. The assigned
counsel shall then have not more than five minutes each for closing.
The instructor in Public Speaking shall then make such criticism
as may appear necessary, and the presiding judge shall then do the
same, this closing stage to be allotted not more than twenty minutes.
An opinion shall be written by the associate judges and filed at the
Secretary's office not later than one week after the elate of argument.
The mark of each member of the section shall be determined by
his work as counsel, assigned and unassigned, and as judge. No
student shall be recommended for a degree (except by unanimous
vote of the Faculty) who has not satisfactorily done the work of

�THE LAW SCHOOL.

13

this course; except that persons entering the third year class from
another School may by vote be excused from this work.
b. Public Debate. A student entering the preliminary contests
for the Towle Prizes for Public Speaking in April and being selected
for the second preliminary and taking part therein, may receive a
credit of one term hour. No student shall be eligible for this contest who has not taken the work of I, a, b and c, or the equivalent
in another School.
The third year work shall be as follows:
III. a. Legal Advice Cl11bs. All third year students are to enter
Legal Advice Clubs, formed by voluntary selection on or before
October ro, supplemented by assignments to vacancies by the Secretary of the School; each club to contain not less than four nor more
than six members, and to elect a Secretary. Difficult cases ;irising
in actual practice, sent in for advice for alumni or other practitioners will be submitted to the Clubs in rotation as the cases come
in. On 24 hours' notice to the Secretary of the Club, the Club is
to meet the Dean or a Professor specially in charge, at 3 :15 P. M.,
in his office, and to discuss the ques tions involved; a written opinion,
citing authorities, is to be handed the Professor specially in charge
within seven days or such other time as may be agreed upon.
b. B11reait of Justice. After December r not more than ten students are to be assigned for practical office and trial work as
assistants in the Chicago Bureau of Justice, University Branch,
either to the Settlements or Police Courts, as may appear most
practicable. The assignments to be made to those who beforehand
file their names with the Secretary of the School, in order of the
time of filing and rank of the student in scholarship, but no student
having grade C in more than one course to be eligible for assignment. The number of hours of work from each person to be determined by agreement with the Superintendent of the Bureau.
(This work is not yet organized for 1904-5.)
For work done in part a a credit of one term hour to be allowed
to each member of a club; provided that club has furnished n9t
less than eight cases in the year.

7. PROPOSED REGULATIONS FOR REQUIRED WORK IN
LEGAL HISTORY AND JURISPRUDENCE, 1904-5.
Course A (First Year). llltroduction to Legal History and the
Study of Law. Materials for prescribed reading: ( a) Blackstone's
Commentaries (any edition), Introduction, Sections 2, 3; Book I,
Chapters 2, S, 9; Book III, Chapters 3, 4, 5, 6, 7; Book I, Chapters
rr, 12; Book III, Chapters r8, 19, 20, 24, 25, 26, 27; Book IV,

�14

NORTHWESTERN UNIVERSITY.

Chapters 23, 24, 25, 27, 28, 29, 32; Book II, Chapters 4, 5; Book IV,
Chapter 33; (b) Wambaugh's Study of Cases; (c) Woodruff's Introductory Survey; and ( d) Wilson's History of Modern English
Law.
One term hour of credit.
Course B ( Second Year). History of the English Legal System. Materials for prescribed reading: Pollock &amp; Maitland, History of the English Law, Volume I; and, 2. History of the Bench
and Bar in Modern Times. Materials for prescribed reading: Campbell's Lives of the Chancellors ( from Lord Hardwicke).
One term hour of credit.
Course B B (Second Year optional) . I. History of the Leading Principles of the Law. Materials for prescribed reading: Pollock &amp; Maitland, History of the English Law, Vol. II, or, Sundry
Essays on Legal History (in various law journals, etc. ; a printed
list of the titles and citations is on file in the Secretary's Office) ;
and 2. History of the Bench and Bar: Materials for prescribed
reading : ( a) Campbell's Lives of the Chancellors (from Sir Thomas
More); (b) any one of the following four: Campbell's Lives of the
Chief Justices (from Sir Edward Coke), Arnould's Life of Lord
Denman, Autobiography of Lord Campbell, Twiss' Life of Lord
Eldon; and ( c) Brown's Life of Rufus Choate.
One term hour of credit.
Course C (Third Year) . I. General Jurisprudence. Materials for
prescribed reading: ( a) Austin's Jurisprudence, or Holland's Jurispri1dence, or Terry's Principles of Law; (b) Lee's Historical Jurisprudence; and (c) Maine's Ancient Law.
One term hour of credit.
or, 2. International Law. Materials for prescribed reading: as
prescribed and examined upon in International Law I of the Curriculum.
Two term hour3 of credit.
or, 3. Roman Law. Materials for prescribed reading: Poste's Edition of Gaius, or (b) Mayle's Edition of Justinian, or ( c) Ledlie's
Translation of Sohm's Institutes of Roman Law; or ( d) Muirhead's Private Law of Rome, or ( e) Whitefield's Translation of
Salkowski's Roman Law; of these ( e) is most recommended.
One term hour of credit.
or, 4. History. of Germanic Law. Materials for prescribed reading:
either ( a) Hensler's Institutionen des deutchen Rech ts, or (b) Brunner's Deutsche Rechtsgeschichte.
One term hour of credit.
Reg11/ations for the foregoing work . . (I) For graduation, a credit
of not less than an average grade of C must have been obtained
in Course A, Course B, r and 2, and Course C, r or 2 or 3 or 4. An examination in each course of reading will be held at the end of

�THE LAW SCHOOL.

15

each term and at the beginning of the first term. A student may
take the examination at either of these times, except that a first or
second year student failing at a first term examination may not
take it again until the s ucceeding year.
(2) A student entering with advanced standing must take only
the remaining .work prescribed for the class which he enters; except
that a student entering as a candidate for a degree in one year must
also take Course B.

(3) Course B B is optional.
(4) Cred it is given for each course as noted above.
(5) Th e requirements of this work for graduation does not
apply to class of 1905; but the credits of any of the Courses B, B B
and C, may be obtained by members of that class taking the examinations.
(6) A student who at college or a law school has already obtained credit for work equivalent to Course C, r, 2, 3, or 4, will
be given credit for that Co urse as required in this School; but
may also obtain credit by doing the work of any remaining Course
not elsewhere taken.
(7) No lectures are given 111 any of these Courses (except C,
which is identical with the lecture course of International Law
I.) ; the work is done by private study. But the Courses are under
the supervision of the Dean, who will give any desired advice on
the subjects of study.

2,

(8) The credit in any of the Courses C will count as one of the
required ten term hours of the Third Year.

Students are recommended to own the books named if they can
afford to purchase them. But the School will provide a sufficient
number of duplicate copies of the books named for the prescribed
reading.
Students are also recommended to do the reading for Courses
B, B B and C ( I, 2, 3, or 4) during the summer vacations, and to
take the examinations given at the beginning of the first term.
(Net total of requirements:
First Year, three small volumes of reading;
Second Year, one large volume and four small ones;
Third Year, one to three moderate volumes.)

�16

NORTHWESTERN UNIVERSITY.
TUITION FEES .

The tuition fee for regular students is one hundred and five
dollars a year, payable in three installments of thirty-five dollars
each, October 1st, January roth, and April rst. A rtibate of five
dollars is allowed to students who pay the entire tuition in advance
on October 1st.
Special students are charged at the rate of five dollars for each
hour of class-room work for a ha! f year. The fee for the course in
Patent Law is twenty-five dolalrs.
The fee for the course in General Review is ten dollars to members or graduates of this school; to all others the fee is fifteen
dollars.
PRIZES.
I. The Towle Prizes.-A first prize of $100, and a second prize
of $50, the gift of Henry Sargent Towle, Esq., Chairman of the Law
School Committee of the Board of Trustees, will be awarded to the
students who have taken the course in Forensic \Vriting and Speaking (I a, b, c, and d.), who shall, in public competition at the completion of the course, be adjudged most proficient in the work of
the course.
These prizes are open only to those who take course I a, b, c,
and d.
In 1903-1904 the Towle Prize of $100 was awarded to Sylvanus
George Levy, Ph. B., of the third-year class, and the Towle Prize
of $50 to Warren Marcus Davis, of the first year class. The questiqn
debated was, "Resolved, that the Duration of Copyright should be
Unlimited."
3. The Callaghan Pri::e.-A prize of fifty dollars in books, to be
selected from their own publications, the gift of Messrs. Callaghan
and Company, of Chicago, will be awarded annually to the member
of the graduating class having the best record in scholarship for the
entire course.
In 1904 the Callaghan Prize was awarded to Clayton Jackson
Barber, Ph. B., of Springfield.

REQUIREMENTS FOR ADMISSION.

Persons applying for admission as regula.r students must
answer the following requirements:
Age- They must be not less than eighteen years of age.
Preliminary Ed"11catio11-A candidate for a degree must have
a preliminary general education equivalent to that of a graduate of a
high school. For the proof of such education required se~ page 21.
3. Time of Entrance-No applicant not coming from another law
I.

2.

�THE LAW SCHOOL.

17

school will be admitted to the first-year class after the second week
in January, for the reason that the courses of study are carefully
graded, and an acquaintance with earlier courses is necessary for
the pursuit of the later ones. Those who do not enter by the beginning of January cannot work with profit to themselves, and are
a hindrance to the progress of others. All students intending to
enter the school are strongly urged to do so at the beginning of
the year. The disadvantage of delay is great, especially to students
who intend to practice Jaw in Illinois.

ADVANCED STANDING.

The requirements in regard to advanced standing are
explained under the title " Degrees."
SPECIAL STUDENTS.

Persons not desiring to be candidates for a degree may
pursue one or more courses as special students, provided
they are qualified to pursue such courses to advantage. They
will receive a certificate of all work done, and they may at
any time enter as candidates for a degree, provided they are
qualified under the above requirements. No special student
may take more than twenty-five term-hours of work in one
year without special permission from the Dean.
DEGREES.

All degrees are conferred at the general University Commencement. On this occasion all candidates for degrees are
required to present themselves in person, the Oxford cap
and gown being worn as the official dress.
I.

BACHELOR OF LAWS.

The degree of Bachelor of Laws will be conferred by the
Trustees of the University upon students who are recommended therefor by the Faculty of the School. Such students will be recommended as, in the judgment of the Faculty, are of fit character and have complied wi~h the follGw ~
ing requirements i

�18

NORTHWESTERN UNIVERSITY.

I. Attendance-Regular attendance for three years is required of
all students with the following exceptions:
I. Students who have studied law for one year, either in a college in good standing, or a law school, may obtain a degree in
two years.
2. Students who have satisfactorily completed two years' study in
a law school in good standing may obtain a degree in one year.
3. Students who have satisfactorily completed one year's study
in a law school in good standing, and who have also studied law
for one year in a college or law school in good standing, may become
candidates for a degree in one year by obtaining special permissio1'!
from the Dean.
ADV AN CED STANDING.
II. All applications for advanced standing must be presented
before November 1st, of the applicant's year of entrance.
III. Registration. Candidates for a degree must regi ster for
work amounting to at least ten hours a week for each year.
IV. Course of Study. All candidates for a degree must pass examinations in courses amounting to sixty-six term hours (th~ equivalent of courses of study of eleven hours a week for three years);
provided that in reckoning the required number of term-hours required for graduation there must be included at least ten hours of
credit obtained in each term of the third year. But persons who have
satisfactorily completed a two-years' course of study in a law school
in good standing will be excused one-half of the examinations above
required.
Persons who have satisfactorily completed less than two years'
study of law in a college or law school in good standing, may be
given credit for this work and be exc used from these examinations
to such extent as shall be determined in each case by the Dean .
The specific subjects in which such credit may be given will be
determined by the Secretary at the time of admission.
Fou r grades are given for work done. The grades are as follows:
A, excellent; B, satisfactory; C, unsatisfactory; D, failure. A student may not count a course in which he obtains grade C, except
he obtains grade A in another course or courses of equivalent
amount; and except that he may count courses in which he obtains
grade C to the extent of one-sixth of the total work required to be
done by him in this School for graduation.
II.

MASTER'S DEGREE.

The Master's degree in Arts, Philosophy, Science, or
Letters will be conferred under the following conditions:

�THE LAW SCHOOL.

19

A graduate of the College of Liberal Arts of this University, or of some other in which the requirements for the
Bachelor's degree in Arts, Philosophy, Science, or Letters
are equivalent to the requirements for the same degree at
this University, may obtain the Master's degree at the same
time with the degree of Bachelor of Laws by pursuing, with
the sanction of the Faculty of Liberal Arts , advanced work
in subjects approved by that Faculty, and obtaining credit
in such work to the amount of twelve semester-hours; and
by presenting a thesis on an approved topic. The courses
of study may, in part or entirely, deal with legal subjects;
but courses of legal study, in order to count for the degree,
must be (a) of an advanced nature; ( b) not otherwise
counted for the degree of Bachelor of Laws; ( c) pursued
under the direction of a member of the Faculty of the Law
School. Students in law, intending to become candidates
for the Master's degree, must register for the same in the
College of Liberal Arts and in the Law School on or before
the first Monday in October of the year in which they expect
to graduate, and must pay the diploma fee of ten dollars.
The Master's degree is open upon the same terms to graduates· of the Law School who register before the October
next following the completion of their professional course.
The following subjects have been approved by the Faculty of Liberal Arts, and work therein may be counted for
the Master's degree: Constitutional Law, International
Law, Administrative Law, Roman Law, Jurisprudence,
Legal History.
SCHOLARSHIPS FOR STUDENTS.

Six assistant librarians and monitors are appointed annually. These receive free tuition in compensation for their
services. Applications for appointment should be addressed
to the Secretary of the Law School.

�RULES FOR ADMISSION TO THE BAR OF
ILLINOIS.
Inquiries in regard to Admission to the Bar of Illinois should be
addressed to N. W, Branson, Secretary of the State Board of Law
Examiners, Petersburg, Ill.

The rules governing admission to the bar of Illinois provide that all applications for admission shall be made to the
Supreme Court of the State, and shall be based upon a report of the State Board of Law Examiners; that examinations shall be held "at Ottawa on the last Tuesday of Februrary, at Chicago the fourth Tuesday of June, at Springfield the first Tuesday of October, and at Mt. Vernon the
first Tuesday of December, in each year"; that all applicants for admission must pass satisfactory examinations
"upon the law of real and personal property, personal rights,
contracts, evidence, common law and equity pleading, partnership, bailments, negotiable instruments, principal and
agent, domestic relations, wills, corporations, equity jurisprudence, criminal law, and upon the principles of the constitutions of the State and of the United States, and legal
ethics"; that an applicant who fails to pass such examination
shall not be admitted to a subsequent examination within
six months of such failure; that each applicant shall pay in
advance a fee of ten dollars to said Board of Law Examiners, and shall file affidavits as to age and citizenship, and a
transcript from a court of record of Illinois showing good
moral character; that the applicant shall have a general preliminary education equivalent to that of a graduate of a high
school in this state, and that he shall have pursued the study
of law for the period of three consecutive years of at least
thirty-six weeks in each year; and that such study shall have
been pursued in an established law school considered by the
Board to be in good standing, or under the tuition of one or
111ore licensed lawyers, and that the applicant, if studying
uncler suc;h tuition, has submitted to regular and satisfactory
20

�THE LAW SCHOOL.

21

examinations by such lawyer or lawyers during said period,
upon each subject.
All of above proof must be submitted on prescribed
forms.
Rule 2 of the Board of Law Examiners, which sets forth
the required proof of academic education, and governs the
admission of regular students to this Law School, is as follows:
" Each applicant for admission, upon examination, shall
present with his application satisfactory proof in writing
that he has had a preliminary general education equivalent
to that of a graduate of a high school in this State. A three
years' English course, consisting of Algebra, Geometry,
Ancient History, Physiology, Rhetoric, Physics, and Physical Geography, each one year; Botany and Bookkeeping,
one year; Mediceval and Modern History, with special reference to English and American History, one year; English
and American Literature, one year; and English Composition, one year, will be accepted as such equivalent.
"In case of the omission by the applicant of any one or
more of such studies, except English and American History
and Literature, the equivalent of such omitted study or
studies, in any science, or in any classical or modern language (Latin being especially recommended), will be accepted in lieu of such omitted study or studies.
"The proof required by this rule that the applicant has
satisfactorily pursued the said studies or their equivalents,
for the requisite periods, may be by either one or more of the
following instruments :
"I. Tlie diploma of any University or College in good
standing; or
"2. The diploma of a high school in this State, where
such diploma designates the several studies pursued and the
length of time devoted to each; or
"3. The diploma of a high school in this State, accompanied with the certificate of the principal of such school,

�22

NORTHWESTERN UNIVERSITY.

designating the several studies pursued, and the length of
time devoted to each ; or
"4. The affidavit of a principal of a high school in this
State, or other high school teacher or teachers under whom
the applicant has studied ( or, in case of the death or absence of such principal or teacher, then the affidavit of any
credible witness or witnesses having knowledge of the
facts), designating the several studies pursued, the length of
time devoted to each, and as nearly as possible the applicant's degree of proficiency in each study; or
"5. The affidavit of the principal of a high school of
this State, or of a superintendent of schools having a high
school under his supervision, showing his special examination of the applicant for the purpose of an application for
admission to the bar, stating the date and place of examination and the time consumed therein, and giving the true
and just grade or proficiency shown by such applicant in
each study, on a scale of 100; or
"6. The diploma of any accredited school, not in Illinois, whose graduates are admitted on a diploma to the
freshman class of any University or College, in good standing, in the State or country in which such school is located;
such fact to be evidenced by the certificate of the President
or Secretary of such University or College, under the corporate seal of the institution; or
"7. The certificate of the President or Secretary of any
University or College in good standing, under the seal of
the institution, that the applicant has been admitted to the
freshman or any higher class of such institution, without
conditions, or upon conditions which had since been complied with."
Rule 5, defining a law school in good standing, requires
that:
''An established law school to be considered in good standing must
faithfully teach the several branches of law specified in Rule 39 of the
Supreme Court, and must require recitations averaging ten hours or
more each week,"

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                <text>SUPPLEMENT SERIES III AUGUST NOVEMBER       NUMBERII NOR THWESTERN UNIVERSITY CHICAG O E VANSTON BULLETIN OF THE SCHOOL OF LAW (UNION COLLEGE OF LAW) FOUNDED OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY  CALENDAR OF SESSION .   \ Yednesday    . S     ·    Registration Day   New Students. Registration Day   Applicants Advanced Standing. Registration Day     Students. Lectures Begin. Thanksgiving Recess. Lectures Close   Christmas Recess. Christmas Recess Ends  Lectures Begin. Lectures Close. Examinations Begin. First Semester Ends. Second Semester Begins. V\Ta  '  Birthday. Lectures Close. Examinations Begin. Commencement Day. MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Entered      Post Office   Chica  . Ill.  REVISED LIST OF THE FACULTY FOR     .* EDMUND JANES JAMES  Ph. D.  LL. D. President     University. JOHN HENRY WIGMORE (A . M.  LL. B.  Harvard University) Professor   Law   Dean     Fq  . HARVEY BOSTWICK HURD (LL. D .. Northwestern University) Emeritus Professor   Law. CHARLES CHENEY HYDE (A. M .  Yale University  LL. B .. Harvard University) Associate Professor   Law. ALBERT MARTIN KALES (A. B.  LL. B.  Harvard University) Associate Professor   Law. SAMUEL ADAMS (A. B.  Harvard University  LL. B.  Northwestern University) Professor     Law   Procedure   Practice. JOHN HENRY SHELDON LEE (A. B.  Harvard University  LL. B.   Northwestern University) Assistant Professor     Law   Crimes   Criminal Procedure. CHARLES GEORGE LITTLE (A. B.  Amherst College  LL. B.  Northwe•  University) Associate Professor   Law. HENRY SCHOFIELD (A.    .  LL. B.  Harvard University) Professor   Law. LOUIS MAY GREELEY (A. B.  Harvard University) Professor     Law   Conveyancing   Mortgages. *Arranged          President   Dean .  THE LAW SCHOOL. LEVI HAR.PER FULLER. (B. S.  Upper Iowa University  LL. B.  Iowa State Univenity) Professor     Law   Procedure   Practice. FREDERIC CAMPBELL WOODWARD (A. M.  Dickinson College  LL. M.  Cornell University) Professor   Law. CHARLES CLARENCE LINTHICUM (LL. B.  Northwestern University) Professor     Law   Patents. WILLIAM H. DYRENFORTH (LL. B.  Northwestern University) Professor     Law   Patent Practice. OTTO RAYMOND BARNETT (LL. B.  Northwestern University) Associate Professor     Law   Patents. MITCHELL DAVIS FOLLANSBEE (A. B.  Harvard University  LL. B.  Northwestern University)  Professor     Law   Procedure   Practice. Lectursr Legal Ethics. EBENEZER WASHINGTON ENGSTROM (A. B.  Northwestern University) Instructor   Voice Training   Forensics. HENRY LEE PRESCOTT (A. B .• LL. B.  Harvard UniTersity) Instructor   Forensics. JOSEPH ROBERT Instructor   Parliamentary Law. CHARLES PICKARD Lecturer   Trade Mark   Copyright. CHARLES BYRD ELDER (LL. B.  Northwestern University) Lecturer   Extraordinary Legal Remedies  !Judgments. HENRY CLAY HALL (B. S.  Wabash College   LL. B.   Northwestern University) Lecturer   Insurance. FREDERIC BEERS CROSSLEY (LL. B.  Northwestern University) Secretary     Law School       Faculty.  REVISED COURSES OF INSTRUCTION AS GIVEN IN      . FIRST YEAR. FIRST TERM . C      Three      . Keener'  Cases   Contracts. Professor WOODWARD. Torts Three      . Ames'   Smith'  Cases   Torts. Professor VhGMOtiE. Property (!) Two      . Gray'  Cases   Property Vols.    II. ( Personal .) Professor KALES. Co      Law Pleading   Procedure Two      . Ames' Cases   Pleading  Andrews' Stephen   Pleading. Professor ADAMS. Crimes   Criminal Proced·   Two      . Beale' Cases   Criminal Law. Professor LEE. SECOND TERM . Contracts ( ) Three      . Professor \Iv OODW ARD. Torts ( ) Two      . Professor WIGMORE. Property ( ) ( ) Two      . Professor KALES . Com·mo   Law Pleading   Proced     ( ) One . Lectures      . Professor ADAll!S. Master   S     Tort One      . Wambaugh' Cases   Agency. Professor WIGMORE. Dam.  One      . Beale'  Cases   Damages. Professor SCHOFIELD. SECOND YEAR. FIRST TERM. Evidence Two      . . Trusts Three      . Agency  Two      .  Thayer'  Cases   Evidence Professor WIGMORE. Ames' Cases   Trusts. Professor WooDWARD. \Vambaugh'  Cases Ort Agency. Prnfoss@  ·    n NORTHWESTERN UNIVERSITY. Comniercial Paper Three·      . Ames' Cases   Bills Notes. Professor HYDE. Equity Jurisdiction Three      . Ames' Cases   Equity Jurisdiction. Professor SCHOFIELD. Property (JJ} Two      . Gray'  Cases   Property Vols. III  IV. (Acquisition . .) Professor KALES. Perso    (Domestic Relatio    ) Two      . Smith' Cases   Persons. Professor KALES. SECOND TERM. E    ( ) Two      . Professor Vv'rGMORE. RropertJ' (II) ( ) Two      . Professor KALES. Equity Jurisdiction (  ) Three      . Ames' Cases   Equity Jurisdiction. Professor SCHOFIELD. Quasi Contracts Three      . Keener'  Cases   Quasi Contracts. Professor WooDw ARD. [Given                   .] Sales   Personalty Three      . Williston'  Cases Sales. Professor WooDw ARD. [Omitted                   .] Insurance (Fire   Life} Two      . Wambaugh' Cases   Insurance. Mr. HALL. Equity Pleading   Procedure Two      . Fletcher Equity Pleading       . Professor ADAMS. THIRD YEAR. FIRST TERM. Corporations Two      . Smith'  Cases   Corporations. Professor LITTLE. Procedure   Practice    Illinois Two      . Professor FOLLANSBEE. International Law (   ) Two      . Scott'  Cases International  .   Professor HYDE THE LAW SCHOOL. International Law (JJ) American Treaties   Diplomacy . Two      . Professor HYDE. Sttret·  Two      . Ames' Cases   Suretyskip. Professor LITTLE. Aiixiliary Legal Remedies (Attachments  Garnishment Execution   .) One      . Rood'  Cases   Attachments Judgments. Mr. ELDER. C   Law Three      . Thayer'  Cases Constitutional Law. Professor SCHOFIELD. Property ( } Two      . Gray'  Cases   Property Vols. V  VI. ( Conditional  .) Professor KALES. Admiralty   M     Three      . Professor HYDE. Conveyancing One      . Drafting . Professor GREELEY. Conflict   Laws Three      . Beale'  Cases   Conflict Laws. Professor HYDE. Code Pleading   Proceditre One      . Cases   Code Pleading. Professor WOODWARD. Practice Court Two               . Causes   . Professor  FULLER. *Patents   Invention (!} General Survey. Five  . Professor LINTHICUM. Parts II   III . (/ } Patent Soliciting. Twenty         . Professor DYRENFORTH. (III) Patent Law   Practice. Forty  . Professor BA RNETT. •These  .           equiValent vrQrk  . . NORTHWESTERN UNIVERSITY. SECOND TERM. Corporations ( ) Two       ( .). Professor LITTLE. Bankrnptcy Two      . vVilliston'  Cases   Bankruptcy. Professor WooDWARD. Constitutional Law ( ) Two      . Professor SCHOFIELD. Carriers Three      . McClain'  Cases   Carriers Beale'  Cases   Carriers. Professor HYDE. [Omitted                   .] Conveyancing ( ) One      . Professor GREELEY. Mortgage$ Two      . Kirchwey'  Cases   Mortgages. Professor GREELEY. Public Officers One      . Professor SCHOFIELD. [Omitted                   .] Practice Co    ( ) Two . Professor FULLER. Pateiits   Invention ( ). Professor BARNETT. Property (III) ( ) Two      . Professor KALES. Municipal Corporations Two      . Smith'  Cases Municipal Corporations. Professor ScHoFiELD. Partnership T\'       . Ames' Cases   Partnership. Professor LITTLE. E   Legal R  ·  (Mandamus  Quo Warranto Habeas Corpus   .) One      . Mr. ELDER. Jurisdiction   Federal Cottrfs One      . Professor SCHOFIELD.   .    (  Constitutional Law   Patents   Invention)  Conveyancing   Property III n Property     II.         i ! ¥ THE LAW SCHOOL. COURSES OF LECTURES NOT COUNTING FOR A DEGREE. Trade Marks   Copyrights Six  . Mr. PICKARD. General Review Five State      . . Mr. DENT. Legal Ethics Five  . Professor FOLLAN SBEE. SCHEDULE OF HOURS.   ' ' '       .   Practice Court . SPECIAL TRAINING IN LEGAL WRITING AND SPEAKING AND IN THE PRACTICE OF THE LAW.     .  . Pleadings               Common Law Pleading  Code Pleading    Equity Pleading  .   Corporations     . Commercial Paper  Carriers  Insurance  . . Conveyancing  document . A   ' States. Thorough ' . No Property     II. NORTHWESTERN UNIVERSITY. . Practice Coiirt               Procedure Practice .     Practice Court   .   Court' . During  .               . . . While    . A    .   . A Rules     Practice Court . . Legal Tactics  Bar  .  Bar            r    r          . . Thesis             Faculty . Any ·  Faculty      .    ! r · . . . Public Speaking   . THE LAW SCHOOL. FOLLOWING ARE THE REVISED REGULATIONS FOR THE WORK IN PUBLIC SPEAKING AND MOOT COURTS IN       . Public Speaking   Moot Courts .  . Persons     . Forensic vVriting Speaking.                  Forensics  Lectures Exercises           Moot Court   Public Debate Practical Legal Advice. First .  .  . Parliamentary Practice     (  ) Elementary Course ( )   . . Voice Training . . Legal  Arg  mentatio     Briefs P . M. Argumentation            BrieJwriting  . . Oral Forensics  Oral Forensics Professor NORTHWESTERN UNIVBRSITY. Forensics. A  \Iarch  . (!) .  II.  . Moot Courts.           Moot Court P. M. A   B .  . All . Each Professor            .  Professor Bulletin Board (     )  Professor . One    . On            Professor . Each  . All   .  .             . . Public Speaking  . An Secretary'                       .  . No ( Faculty) THE LAW SCHOOL.  School                . . Public Debate. A Towle Prizes   Public Speaking  . No  School.  III.  . Legal Advice Cl   . All Legal Advice Clubs Secretary School Secretary. Difficult  Clubs . On     '       Secretary     Club    Club Dean     Professor                P. M.  Professor . . B      Justice. After  Chicago Bureau   Justice  University Branch Settlements   Police Courts . Secretary     School  C                    .  Superintendent     Bureau. (                    .)  n . . PROPOSED REGULATIONS FOR REQUIRED WORK IN LEGAL HISTORY AND JURISPRUDENCE        . Course A (First Year).     Legal History Study   Law. Materials        (  ) Blackstone' Commentaries (   )  Introduction  Sections       Book Chapters    S     Book III  Chapters                Book    Chapters Book III  Chapters r                           Book IV NORTHWESTERN UNIVERSITY. Chapters                             Book II  Chapters       Book IV Chapter     ( ) Wambaugh'  Study   Cases  ( ) Woodruff'  Introductory Survey    (  ) Wilson'  History   Modern English Law. One        . Course B ( Second Year). History     English Legal System. Materials        Pollock &amp; Maitland  History English Law  Volume        . History     Bench Bar   Modern Times. Materials        Campbell' Lives     Chancellors (   Lord Hardwicke). One        . Course B B (Second Year  ) .  . History     Leading Principles     Law. Materials        Pollock &amp; Maitland  History     English Law  Vol. II     Sundry Essays   Legal History (          . Secretary'  Office) . History     Bench   Bar  Materials (  ) Campbell'  Lives     Chancellors (  Sir Thomas More)  ( )              Campbell'  Lives Chief Justices (  Sir Edward Coke)  Arnould'  Life   Lord Denman  Autobiography   Lord Campbell  Twiss' Life   Lord Eldon    (  ) Brown'  Life   Rufus Choate. One        . Course C (Third Year) .  . General Jurisprudence. Materials (  ) Austin'  Jurisprudence    Holland'  Jurispri Terry'  Principles   Law  ( ) Lee'  Historical Jurisprudence ( ) Maine'  Ancient Law. One        . . International Law. Materials International Law       Curriculum. Two   hour     . . Roman Law. Materials        Poste'  Edition Gaius    ( )   '  Edition   Justinian    (  ) Ledlie' Translation   Sohm'  Institutes   Roman Law    (  ) Muirhead' Private Law   Rome    (  ) Whitefield'  Translation Salkowski'  Roman Law      (  )      . One        . . History.   Germanic Law. Materials (  ) Hensler'  Institutionen     Rech      ( ) Brunner' Deutsche Rechtsgeschichte. One        . Reg  /          . . ( ) C Course A  Course B           Course C               . An  THE LAW SCHOOL. . A   . ( ) A .  Course B. ( ) Course B B    . ( ) Cred                  . ( ) Th Courses B  B B C                       . ( ) A Course C Course         School Course . ( ) No                 Courses (  C International Law .)                .     Courses Dean . ( )             Courses C Third Year. Students .     School  . Students                 Courses B  B B   C (             ) . (Net First Year Second Year Third Year           .) NORTHWESTERN UNIVERSITY. TUITION FEES.   . A  . Special !    . Patent Law        . General Review  . PRIZES. .   Towle Prizes. A       $ $          Henry Sargent Towle  Esq.  Chairman     Law School Committee     Board   Trustees Forensic \Vriting   Speaking (              .)  . These . Towle Prize   $          Sylvanus George Levy  Ph. B.                 Towle Prize $     Warren Marcus Davis           . "Resolved      Duration   Copyright Unlimited." .   Callaghan Pri   . A Messrs. Callaghan Company    Chicago  . Callaghan Prize       Clayton Jackson Barber  Ph. B.    Springfield. REQUIREMENTS FOR ADMISSION. Persons          .  . Age  They                  . . Preliminary Ed"  catio   A  .                      . . Time   Entrance No THE LAW SCHOOL.    . Those  . All  . Jaw   Illinois. ADVANCED STANDING.  " Degrees." SPECIAL STUDENTS. Persons  . They   . No  Dean. DEGREES. All             University Commencement. On Oxford . . BACHELOR OF LAWS. Bachelor   Laws Trustees     University Faculty     School. Such Faculty follGw  NORTHWESTERN UNIVERSITY. . Attendance Regular  . Students  . . Students            ' . . Students            '   permissio '! Dean. ADV AN CED STANDING. II. All '       . III. Registration. Candidates . IV. Course   Study. All ( )   . '  . Persons                '   Dean.  Secretary          . Four            . A     B     C     D   . A C A  C School    . II. MASTER'S DEGREE. Master'      Arts  Philosophy  Science Letters THE LAW SCHOOL. A       College   Liberal Arts     University  Bachelor'      Arts  Philosophy  Science    Letters  University        Master' Bachelor   Laws Faculty   Liberal Arts Faculty  .   ( )          (  ) Bachelor   Laws  (  ) Faculty     Law School. Students Master' College   Liberal Arts       Law School  . Master' ·     Law School . Faculty Liberal Arts Master'     Constitutional Law  International Law  Administrative Law  Roman Law  Jurisprudence Legal History. SCHOLARSHIPS FOR STUDENTS. Six              . These . Applications Secretary     Law School. RULES FOR ADMISSION TO THE BAR OF ILLINOIS. Inquiries       Admission     Bar   Illinois N. W  Branson  Secretary     State Board   Law Examiners  Petersburg  Ill. Illinois  Supreme Court     State State Board   Law Examiners "  Ottawa           Februrary Chicago              Springfield Mt. Vernon "  "     State       United States "   Board   Law Examiners  Illinois       Board    THE LAW SCHOOL.  . All . Rule       Board   Law Examiners  Law School " Each   State. A ' English </text>
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                    <text>NUMBER III

SERIES III

NORTHWESTERN
UNIVERSITY
CHICAGO-EVANSTON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OP LAW)
POUNDED 185g

OFFICE OF PUBLICATION
NORTHWESTERN
LAKE AND

UNIVERSITY BUILDING

DEARBORN STREETS

CHICAGO

PUBLISHED QUARTERLY BY

NORTHWESTERN

UNIVERSITY

�NORTHWESTERN UNIVERSITY

EVANSTON-CHICAGO
Edmund J. James, Ph.D., LL. D., President
Northwestern University consists of seven departments or schools. Four of
these (Law, Medicine, Dentistry, and Pharmacy) are located in or near the center of
the city of Chicago. The other three (College of Liberal Arts, Music, and the
Academy), are situated in Evanston, the most beautiful suburb of Chicago, immediately adjoining the city on the north.
The College Campus is located directly on the shore of Lake Michigan about
three miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,
Dllnois.

I.
THE COLLEGE OF LIBERAL ARTS
COLLEGE CAMPUS, EVANSTON

Offers a four years' course leading to Bachelor's degree in Languages and Literature
(English, French, German, Italian, Spanish, Latin, Greek, Hebrew); Mathematics
(college and advanced); Science (Astronomy. Botany, Zoology, Chemistry, Physics,
Mineralogy. Geology): History (ancient, medireval, and modern); Philosophy,
Psychology, Pedagogy, Economics and Politics, and Sociology, and other subjects
appropriate to a modern college.
Numerous iiraduate courses are also offered leading to the degree of A.M., and
in a few subjects to that of Ph.D.
Special advantages are offered to the graduates of this college in the professional
schools of the University.
For turther intormation, address College of Liberal Arts, Evanston, Illinois.

II.
MEDICAL SCHOOL
CHICAGO

Offers a four years' course leading to the degree of Doctor of Medicine. The hospital and clinical facilities are especially good. This school was the first in the
United States to take three important steps in Medical education: the enforcement
of the standard of preliminary education, adoption of lon&amp;er annual courses, and the
.eraded curriculum.
It ranks fourth in attendance among University Medical Schools in the United
8t
at;~r further information, address Northwestern University Medical School,
24a1 Derborn Street, Chicago.

III.
LAW SCHOOL
CHICAGO

Offers a three years' course in Law leading to the degree of Bachelor of Laws.
Special facilities are provided for a thorough preparation in the practical as well as
theoretical aspects of the Law. The library is adequate to all the ordinary needs of
the student, including over twelve thousand volumes, while the proximity oftheChicaiio
Law Institute Library provides an additional collection of nearly forty thousand
which the students are at liberty to use. The students come from all parts of the
country, and the courses are arranged with a view to iiiving them that knowledge of
Law which will be indispensable to them wherever they fill!:!' practice.
For further information, address Northwestern University Law School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicaao.

IV.
SCHOOL OF PHARMACY
CHICAGO

Offers courses leading to the deiiree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The course includes instruction in general Chemistry. Chemical
Analysis, Pharmacy, Botany, Microscopy, Pharmacognosy, Dispensing, and Analytical
Pharm~ceutical Chemistry, including Drug Assaying, Bacterioloi:y, and Sanitary
Analysis. It ranks first in attendance among University Schools of Pharmacy in
this country.
For further information, address Northwestern University School of Pharmacy, Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicairo.

�QUARTERLY BULLETIN OF THE
SCHOOL OF LAW

CONTENTS OF No . 3, SERIES III.
NOVEMBER

I.

1904- JANUARY 1905.

3

CHRONICLES OF THE PAST QUARTER

II.

LIST OF ADDRESSES IN THE COURSE ON LEG AL TACTICS FOR

III.

REVISED REGULATION S FOR LEGAL SPEAKIN G AND WRITING

IV.

THE ALUMNI AND THE LEGAL ADVICE CLUBS

5

1904-1905 .
(FORENSICS)

V.

ADDRESS OF THE

DEAN

OF

•

THE FACULTY AT THE INTER-

NATIONAL CONGRESS OF ARTS AND SCIENCE

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

Entered at the Post-office at Chicago, Ill., as second-class matter.

7
10

13

��I.
CHRONICLES OF THE PAST QUARTER.

r. Resignations and Appointments in the Faculty.
Resignations. In August, Dr. Edmund Janes JAMES, after an
incumbency of two years and a half, resigned his office as President
of the University, to accept the same office in the University of
Illinois. To the Law School, as well as the other Departments of
the University, his departure is a subject of sincere regret. But the
vigor and system which he had inspired throughout the University
will remain its permanent possession, and his successor will find so
much the easier the task of continuing the advance of the University in all its activities. Professor Thomas F. Holgate, Dean of
the Faculty of Liberal Arts, has been appointed Acting President
ad interim.
In June, the resignations of Professor Nathaniel Clinton SEARS,
due to the pressure of the duties of active practice, and Professor
Louis Lee DENT, due to a similar reason, were accepted by the Board
of Trustees with much regret. Professor Sears had been a member
of the Faculty since 1897, and Professor Dent since 1902.
Appointments. The courses in Illinois Practice, Equity Pleading,
and Mortgages, left vacant by the resignations just named, have
been assigned by the Board to other members of the Faculty; the
course in Illinois Practice to Professor FOLLANSBEE, in Equity
Pleading, to Professor ADAMS, and in Mortgages, to Professor
GREELEY.
The following appointments of special lecturers for 1904-5 were
made at the September meeting of the Executive Committee of the
Board:
Mr. Charles Yoe FREEMAN (A. B., Princeton University, LL. B.,
Northwestern University), to be Lecturer on Corporation Practice;
a course of one term hour for the second term, in connection with the
course on Corporations, to conduct the class through all the legal
transactions commonly done by a corporation.
Mr. Herbert J. FRIEDMAN (A. B., LL. B., Harvard University),
to be Lecturer on Liens; a course of one term hour for the second
term.
Mr. Dwight St. John BoBB (A. B., Northwestern University, A.
M., LL. B., Harvard University); to be Lecturer on Public Service
Corporations (other than Common Carriers); a course of one term
hour for the second term.
3

�4

BULLETIN OF THE LAW SCHOOL.

The following appointments were made by the Executive Committee, at the same meeting, for the instruction in Forensics, under
the revised regulations published elsewhere in this number of the
BULLETIN:
Mr. Ebenezer Washington ENGSTROM (A. B., Northwestern University, formerly Instructor in Rhetoric and Elocution in Albion
College); to be Instructor in Voice Training and Forensics.
Mr. Henry Lee PRESCOTT (A. B., LL. B., Harvard University,
formerly Instructor in Forensics in Harvard College), to be Instructor in Forensics.
2.
The School at the Professional Associations. The following
members of the Faculty were appointed delegates to the meeting
of the American Bar Association held at St. Louis on September
26: Professors ADAMS, KALES, GREELEY, and SCHOFIELD. The same
members also acted as delegates to the meeting of the Association
of American Law Schools, held at St. Louis on September 27. Professor WrGMORE was appointed by the American Bar Association as
one of its one hundred delegates-at-large to the International Congress of Lawyers and Jurists, held at St. Louis on September 29.
Professors HYDE and WrGMORE attended the International Congress
of Arts and Sciences held at St. Louis on September 19-24; the
former meeting with the section of International Law; and the latter
meeting with the section of History of Law, before which he delivered one of the two addresses, printed elsewhere in this number
of the BULLETIN.

3. Publications of the Farnlty. Several members of the Faculty
are preparing text books of law for publication in the near future :
Professor HYDE, one on International Law; Professor KALES, one
on Future Estates of Property in Illinois; Professor LITTLE, one on
Corporations; and Professor WooDWARD, one on Quasi-Contracts.
The treatise of Professor WrGMORE on Evidence is in press;
Volumes I and II were published on November r; Volume III is
ready by December r, and Volume IV is to be ready not later than
February r.
Professor ELDER is preparing a book of cases on Extraordinary
Remedies, a subject upon which no case-book has yet been put forth.
1,

�II.
LIST OF ADDRESSES IN THE COURSE ON LEGAL
TACTICS FOR 1904-1905.
(Third Annual Series.)
All Addresses are given on Monday Evenings, in Hurd Hall
of the Law School, third floor, Northwestern University Building,
Lake and Dearborn Streets, and begin promptly at 8 o'clock. All
persons interested in the practice of the law are invited to attend
these lectures. No fee is charged.
1904.
Oct.

I.

IO.

Preparation of a Case for Trial-Edwin M. Ashcraft,
Esq. (President of the Chicago Bar Association,
1901-02).

2.

3.
4.

5.
6.

7.
8.
9.

Oct. 17. Methods of keeping and using Public Records-Wells
M. Cook, Esq. (formerly Assistant Corporation
Counsel to the City of Chicago).
Oct. 24. Special Assessment Practice-George A. Mason, Esq.
(Author of Mason on Special Assessments).
Oct. 3r. Acquisition and Retention of a Clientage-Frank
Asbury Johnson, Esq. (President of the Chicago
Bar Association, 1903-04).
Nov. 7. (Eve of Election day. No address).
Nov. 14. Brief and Argument before the Supreme Court-Merritt Starr, Esq. ( of the firm of Peck, Miller &amp;
Starr) .
Nov. 2r. Practice and Pleading under the Illinois StatutesKeene H. Addington, Esq. (joint editor of Jones &amp;
Addington's Supplement to Starr &amp; Curtis' Annotated
Statutes of Illinois).
Nov. 28. Land Condemnation Practice-Samuel A. Lynde, Esq.
( General Attorney for the Chicago &amp; Northwestern
Railway Company).
Dec. 5. Probate Practice-Hon. John H . Batten (formerly
Judge of the Probate Court of Cook County).
Dec. 12. Justice Court Practice- Robert N . Holt, Esq. (Assistant States Attorney for Cook County; formerly
Justice of the Peace for Cook County) .
5

�6

BULLETIN OF THE LAW SCHOOL.
Justice Court Practice (concluded) - Robert N. Holt,
Esq.
Dec. 26. ( Christmas Recess. No address).

IO. Dec. 19.

1905.

rr. Jan.

2.

Jan.

9.

12.

13. Jan. 16.
14. Jan. 23.
15. Jan. 30.

16. Feb. 6.
17. Feb. 13.
18. Feb. 20.
19. Feb. 27.
20.

Mar. 6.

21.

Mar. 13.

22.

Mar.

20.

23. Mar. 27.

24. Apr.

3.

25. Apr. IO.

Organizing and Advising a Corporation-Levy Mayer,
Esq., of the firm of Moran, Mayer and Meyer).
Some Features of the Practice of Railroad LawRobert J. Cary, Esq. (of the firm of Glennon, Cary
&amp; Walker, Attorneys for the Lake Shore Railway).
Practice before Masters in Chancery-Victor Elting,
Esq. (Master in Chancery for the Superior Court of
Cook County).
Tax Title Practice- Harry S. Mecartney, Esq. (of
the firm of Oliver &amp; Mecartney).
Municipal Contracts and Securities-Granville W.
Browning, Esq. (Master in Chancery for the Superior Court of Cook County, and Assistant Corporation Counsel) .
Practice in the Juvenile Court-Timothy D. Hurley,
Esq. (Police Magistrate for Chicago, and formerly
Chief Probation Officer).
Landlord and Tenant-Roland K. Jones, Esq.
Bankruptcy Practice-Sidney C. Eastman, Esq. (Referee in Bankruptcy for the Federal Court).
Examination of Witnesses-Amos C. Miller, Esq. (of
the firm of Lackner, Butz and Miller).
Practice in the Federal Courts-Ingolf K. Boyesen,
Esq. ( of the firm of Herrick, Allen, Boyesen &amp;
Martin).
Acquisition and Retention of a Clientage-Frank H .
Scott, Esq. ( of the firm of Scott, Bancroft, Lord &amp;
Stephens).
Practice before Police Magistrates- John R. Caverly,
Esq. (Police Magistrate, Harrison Street Station).
Banking and Trust Company Practice-James C.
Hutchins, Esq. (Counsel to the Illinois Trust and
Savings Bank) .
Law Office Wark and Dealings with Clients-Silas
H . Strawn, Esq. (of the firm of Winston, Payne &amp;
Strawn).
Ways and Manners of Judges-Hon. Arba N. Waterman (formerly Judge of the Circuit Court of Cook
County, and of the Appellate Court for the First
District of Illinois).

�III.
REVISED REGULATIONS FOR THE INSTRUCTION IN
LEGAL SPEAKING AND WRITING (FORENSICS) .
(Adopted September 13, 1904.)
"The instruction now provided under the heads of Public Speaking and Moot Courts shall be consolidated into a single graded
course continuing through the three years.
"The work in this course shall be required for graduation, beginning with all persons entering in 1904. Persons entering with advanced standing who have not taken equivalent work elsewhere
are subject to the remaining requirements, applicable to the class
which they enter, except that a candidate for a degree in one year
may be exempted from specified parts of the work, or may be required to substitute the second year for the third year work.
"The course at large shall be entitled, Forensic Writing and Speaking. In the first year it shall be entitled, Forensics, Lectures and
Exercises; in the second year, Moot Court and Public Debate; in
the third year, Practical Legal Advice.
"The credit for work done shall be as follows : First year,
term hour; second year, I term hour; third year, 1 term hour.

I

"The -first year work shall be as follows :

I . a. Parliamentary Practice; October; (I) Elementary Course,
followed by examination; (2) advanced course, followed by an examination or thesis; this to be open only to not more than twenty
students passing the best examination in the elementary course, and
not to be a required part of the work.
"b . Voice Training; November to January, inclusive; exercises
in sections of twelve or fifteen, once a week.
"c. Legal Argumentation and Briefs; November to April, inclusive; once a week at 3 :45 P. M.; not more than twenty lectures
on Argumentation, accompanied by individual exercises in Briefwriting, subject to private correction and public criticism by the
instructor.
"d. Oral Forensics; May; the last two weeks before the final examinations; all first year regular lecture courses ceasing, the cor-

7

�8

BULLETIN OF THE LAW SCHOOL.

responding hours are to be occupied by Oral Forensics in each course,
held by the Professor in that course, sitting with the instructor in
Forensics. A list of numbered debatable propositions drawn from
the subjects of the respective courses shall be posted not later than
March I.
"For work done in parts a (I) , b, c and d, combined, a credit of
one term hour is to be allowed.
"The second year work shall be as follows :

"II. a. Moot Courts. In the second year a Moot Court shall be
held every Friday from November I to May 1, at 1 :45 P. M. The
second year class shall be divided into two sections, A and B, each
section to meet on alternate weeks. The work shall consist of the
preparation and delivery of arguments and opinions of law on
statements of facts assigned beforehand. All statements of facts
shall be delivered to the counsel in the case by October I. Each
Professor shall preside at three cases consecutively. The chief counsel, two on each side, shall hold a conference with the presiding
Professor four weeks before the day set for argument at an hour
appointed on the Bulletin Board ; at this conference, each side shall
present (in separate consultation) an outline of the proposed argument, in the form of brief propositions without citation of authorities,
and the Professor shall make such criticism and revision as may
seem desirable. One week beforehand, counsel on each side shall
post on the official bulletin-board a copy of their final brief, with
citation of authorities, in type-writing, or plain hand-writing, on
legal cap paper, and he shall hand another copy to the opposing
side. On the day of argument, the Professor shall preside as judge,
with two members of the section as associate judges. Each attorney
assigned shall be allowed not more than ten minutes for argument
in chief. All the other members of the same section shall attend,
and each member, not assigned as counsel or judge, shall make an
argument, not to exceed five minutes; in at least every other case,
i. e.; at least once every four weeks. The assigned counsel shall
then have not more than five minutes each for closing. The instructor
in Public Speaking shall then make such criticism as may appear
necessary, and the presiding judge shall then do the same, this
closing stage to be allotted not more than twenty minutes. An
opinion shall be written by the associate judges and filed at the
Secretary's office not later than one week after the date of argument.
The mark of each member of the section shall be determined by
his work as counsel, assigned and unassigned, and as judge. No
student shall be recommended for a degree ( except by unanimous
vote of the Faculty) who has not satisfactorily done the work of

�LEGAL SPEAKING AND WRITING REGULATIONS.

9

this course; except that persons entering the third year class from
another School may by vote be excused from this work.

"b. Public Debate. A student entering the preliminary contests
for the Towle Prizes for Public Speaking in April, and being selected
for the second preliminary and taking part therein, may receive a
credit of one term hour. No student shall be eligible for this contest who has not taken the work I, a, b and c, or the equivalent
in another School.
"The third year work shall be as follows :

"Ill. a. Legal Advice Clubs. All third year students are to enter
Legal Advice Clubs, formed by voluntary selection on or before
October IO, supplemented by assignments to vacancies by the Secretary of the School; each club to contain not less than four nor more
than six members, and to elect a Secretary. Difficult cases arising
in actual practice, sent in for advice from alumni or other practitioners, will be submitted to the Clubs in rotation as the cases come
in. On 24 hours' notice to the Secretary of the Club, the Club is
to meet the Dean or a Professor specially in charge, at 3 :rs P. M.,
in his office, and to discuss the questions involved; a written opinion,
citing authorities, is to be handed the Professor specially in charge
within seven days or such other time as may be agreed upon.
"b. Bureau of Justice. After December r not more than ten students are to be assigned for practical office and trial work as
assistants in the Chicago Bureau of Justice, University Branch,
either to the Settlements or Police Courts, as may appear most
practicable. The assignments to be made to those who beforehand
file their names with the Secretary of the School, in order of the
time of filing and rank of the student in scholarship, but no student
having grade C in more than one course to be eligible for assignment. The number of hours of work from each person to be determined by agreement with the Superintendent of the Bureau.
(This work is not yet organized for 1904-5.)
"For work done in part a a credit of one term hour to be allowed
to each member of a club; provided that the club has furnished not
less than eight cases in the year."

�IV.
THE ALUMNI AND THE LEGAL ADVICE CLUBS.
"To carry out the plan of Legal Advice Clubs, provided for as
part of the third-year work in Legal Speaking and Writing, the
co-operation of the Alumni was needed. Accordingly the following
circular letter was sent, on October 7, to all Alumni living outside
of Chicago; the responses have been prompt and helpful, and all
the Clubs have been fairly started in their work; but it is hoped
that the request made in this letter will be kept in mind, so that
a regular provision of cases will be supplied, and the institution of
the Clubs may prove of permanent benefit:

"Brethren of the Alumni Association:
"This letter is written to ask your assistance in carrying on the
practical work of the School. We can help you a little, and you
can help us a great deal, if you will carefully read our request and
keep it in mind from time to time. Without your co-operation,
this new plan of ours must entirely fail; hence we ask your active
and continued interest.
"The plan is simply this : As a culmination of the organized
work and drill of the first and second year classes (Forensic, Briefs,
Moot Court, Public Debate, etc.), the third year class will form
legal-advice clubs, for training in brief-writing, case-finding, and the
like. A case coming from some practitioner's office will be submitted to each club (of four to six members); within a specified
number of days the club will hand in a report or brief, with the
citations or other desired data, and this report will be forwarded
to the practitioner. Thus the students, on the one hand, will get
the benefit of the training, and the practitioner, on the other hand,
the benefit, if any, of the results.
"Whence will these cases come? From the alumni, out of their
own practice. All practitioners (especially those located outside
of Chicago, where no large library may be available), have from
time to time troublesome cases, in which some sort of assistance
would be welcome. The copious facilities of the School can almost
always be of some extra service. Perhaps a line of authorities is
wanted; perhaps the real point of legal dispute is hidden or doubtful; perhaps merely somebody else's view of the case would be

10

�LEGAL ADVICE CLUBS.

11

helpful. No matter what the need is, these Legal Advice Clubs
will take the case in hand, and do with it whatever seems to be
needed or whatever the sender desires. They will submit it to
the professors, debate it among themselves, look for authorities,
or do anything else desired or needed.
"From the whole body of alumni outside of Chicago, we ought
to be able to receive a constant supply of such cases. We urge you
to do your part and continue to do it. Send a case to-day, and
another every month, or every week-bearing in mind that we do
not desire stale cases or academic questions, but cases now in your
office or likely to arise.
" In stating the case, use paper of legal cap size, and follow the
form below. Make the case-statements separate from any letter
you may write, and send them in triplicate.

With confident hopes of your co-operation,
Very truly yours."
'' FORM OF CASE-STATEMENT FOR LEGAL ADVI CE.

"r. Name and Class:
2. Office Address:
3. Date of Sending:
4. Last Date for Desired Answer:
5. Statement of Facts:
6. Precise Kind of Advice Desired:"

(ALL CASE-STATEMENTS' SHOULD BE FORWARDED IN
TRIPLICATE.)

��THE PROBLEMS OF TO-DAY FOR THE HISTORY
OF THE COMMON LAW.
·'

An Address Deliflered in Department 4, Section b, of the International Congress of Arts and Science, Unif!enal Exposition,
St. Louir, September 2I, I904, by John Henry
Wigmore, Dean of the Faculty of Law
of Northwestern University.
A chief object in the study of history is to learn the lessons which
it may teach for the future. That is a sufficient excuse for considering the present subject from the practical point of view. What
has been done about it? is an inquiry which will here serve to lead
to the further one, What is to be done about it? In the light of
an official interpretation vouchsafed by one of the Vice-Presidents
of this Congress, the inquiries relevant to the Problems of To-day
for the History of the Common Law may be phrased as follows:
I. What are the chief historical facts or influences still left
unknown or obscure in our law, and the efforts anywhere being
made for the elucidation of them by research?
II. What are the methods by which further investigation of our
legal history can be encouraged, and its hitherto attained results be
made broadly known and in-fliiential in the legal profession?
III. What are its chief lessons and warnings for the future tendencies of our legal history?
I. Vangerow said in his Pandecten, speaking of the early history
of procedure in Roman Law: "All books written on this subject
before the year 1820 are useless," because in that year appeared the
first edition of the text of Gaius' Institutes, newly discovered to the
world in 1816 by Niebuhr. In the same way, it might almost be
said, of the historical development of English private law, that all
books written before 1881 may be ignored; because in that year
begins the triple lustrum marked by Mr. Justice Holmes' The Common Law, Sir James Stephen's History of the Criminal Law, the
Selden Society's initial publications, Professor Ames' essays on the
History of Civil Actions, and Sir Frederick Pollock's and Professor
Maitland's treatise on the history of English law before the time
of Edward I. Up to that period, to be sure, much had already been
done to clear the way. The surrounding regions had been thoroughly
opened; that of Constitutional History, by Stubbs, Gneist, and many

13

�14

BULLETIN OF THE LAW SCHOOL.

others; that of economic land-holding conditions, by Seebohm and
others; that of Commercial conditions, by Ashley, Cunningham,
Gross, and others. For private law, too, the work of Palgrave,
Bigelow, Young, and a few others, had revealed to us that the older
lines of Coke, Blackstone, Spence, Reeves, Finlason, and Crabbe,
would have to be entirely discarded for the earlier part of the law.
But Mr. Justice Holmes' stimulating book on the Common Law
now arrived and pointed out in detail the field of necessary research for later times; in fact, it was probably this book which
really created much of what now exists at large in the older generation at the bar of taste and appreciation for the study of the history
of our law. Sir James Stephen's work, shortly ensuing, most philosophical, comprehensive, and entertaining, was destined to stand
future testing at probably all important points. When to these were
added the publications of Ames, Pollock, and Maitland, there were
then achieved, for the first time, certain final results on a large
scale; and it became possible to study continuously the history of
the main doctrines of substantive law and procedure from the
beginning to present times. The researches of Thayer, Liebermann,
Jenks, Salmond, Scrutton, and other recent workers in special fields
and the later publications of the Selden Society and its editors, and
of other English societies, merely increase the emphasis of the
period's importance.
What has been gained, then, in the last fifteen years, by way of
tangible results? And what remains to be especially worked upon?
Here it is convenient to map out the subject in three regions: A,
the external history of English law, B, the internal history, and C,
its transatlantic or American history; and it will be found that in
these three regions the acquisitions of knowledge have been, in that
order, much, less, and least, respectively.
A. What may be called the external history includes the relation
and influence of (1) Germanic law, (2) Roman law, (3) canon law,
and (4) continental mercantile and maritime law.
(1) The Germanic law influenced the English law through two
channels, just as the Missouri and the Mississippi unite to form one
stream which thereafter takes the latter name. The Germanic law
of the Continent was directly transferred by the Saxons, Jutes, and
other immigrants of 400-800 A . D.; with this, in 1000-1200 A. D.
united the law of the Norman invaders. The precise content of both
of these elements, together with the resulting fusion, and the share
of the contribution of each, may be said to be now for the most part
known and described. For Germanic law in the large sense, the
work of Brunner, Heusler, v. Amira, Gierke, Schulte, Stobbe,
Schroeder, and some of the writers in special fields, has made clear

�PROBLEMS OF LEGAL ItlSTORY.

15

all that we need; except that Brunner's history has not gone beyond
the goos, though this does not directly concern our own history.
For Norman law, the work of Esmein, Flach, Brissaud, Viollet,
Beaune, Tardif, and Glasson, with a few others, make possible the
most necessary comparisons. The connections may be observed by
tracing the topics, one by one, in those writers and in Pollock and
Maitland's history. What is lacking is merely a detailed analysis
to be made from this special point of view.
(2) The Roman law influence was never much more than indirect. That is, there was never a deliberate receptio or adoption (as
in Germany from Italian jurists in the r4oos-r5oos, or in Japan
from the French and German codes, in the r8oos, or in the Rhine
provinces from the French Code in the r8oos) . The revival of the
continental study of Roman law was then as yet too recent; and
there were other reasons. What happened was a certain large inspiration of form and method, through the minds of the clerical
judges and advisers, administering the customary law during the
rroo's and r2oo's. Thereafter, the only direct adoption consisted
in the casual intrusion of scraps of rules or analogous phrases, here
and there, into the already definite and homogeneous body of English law. This much is established by the researches of Pollock
and Maitland and Scrutton. A few details only remain to be
explored.
(3) The canon law was a much more large and likely element
of mixture. It could and did come in by two avenues. (a) In the
first place, the knowledge and practice of the king's clerical justiciars and advisers from IIOO to 1300 affected the form and method
of English law. The crude customary English law was thus (in the
words of Pollock and Maitland) rationalized by the canon law. A
little, but not much, was directly borrowed. This part of the influence is known with some fullness. (b) In the next place, there
continued for several centuries after the definite constitution of
the courts of King's Bench, Exchequer, Common Pleas, Courtsbaron, and the like (in which the customary law was distinctively
English), several imported courts in which either the substantive
law, or the procedure, or both, or a part of either, was professedly
based on the canon law; the courts of the Church, of Chancery, of
Requests, of the Star Chamber, and of the Admiralty, represented
almost a majority of English Courts, not only in number but also
in quantity and importance of judicial business. By the 1500s and
early 16oos there was a keen rivalry, of which the ultimate issue
really hung for a time in the balance. Professor Maitland's essay on
the Renaissance of English law has made it clear how narrow was
the escape of the common law. Although the canon law system

�16

BULLETIN OF THE LAW SCHOOL.

did lose the upper hand and the courts which it dominated were
one by one abolished or amalgamated, still its methods and its subst.i.nce were in large part preserved in the field of law where they
had developed in these courts. Thus in the law of marriage, wills,
chancery in general, admiralty in general, and elsewhere, portions
of the substantive law and most of the procedural rules are owed
to the common law; and modern statutes have even imitated a good
deal of this in the ordinary law. Most of the facts of their history
are already known in detail, under the different bodies of law. What
remains now for the historian is a comprehensive collation of these
varied effects. This will require the broadest survey of both systems, and he who will undertake it has not yet disclosed himself.
To the foregoing influence of the Roman and Canon law must be
added the casual insertion of a theory or a phrase, here and there, in
the common law courts, by a few of the well read judges of earlier
times, like Lord Holt, Lord Mansfield, and in modern times, Lord
Bowen, Sir George Jessel, Chief Justice Kent, Mr. Justice Story,
and Mr. Justice Holmes, who have occasionally invoked some
analogy learned by them from the other systems. In this way the
law of bailments, of fictitious assumpsit (or quasi contract), of
conflict of laws, of partnership, and perhaps other subjects, has received a few important marks. The systematic collation of these,
also, has still to be accomplished by the historian.
(4) The continental mercantile and maritime law contributed
a great deal. That of the admiralty is fairly separable, and it may be
said that with the Selden Society's publication of Mr. Marsden's
edition of Select Pleas of the Admiralty and the special modern
treatises, little remains unknown of the history of the law as a
body. Its principal doctrines have still to be fully traced in detail.
But the general mercantile law, omitting sales, land-carriers, and
agency (which are almost purely indigenous topics), and including
commercial paper, partnership, insurance, corporations, and general
maritime law (with bills of lading and factors), is inextricably
bound up with the history across the channel, and its detailed story
remains one of the greatest and most interesting tasks of the future.
(a) Of these topics, the history of corporation law is perhaps the
most complicated, because, besides its economic aspects, it involves
three distinct elements, the ecclesiastical corporation (more or less
dependent on imported conceptions), the land owning, franchise
owning, and quasi-political boroughs and other communities, and
the commercial and industrial guilds and later joint stock companies ; the last two groups have a long indigenous history, but the
analogies on the Continent are so important that their comparison
is an inevitable duty. Availing himself of Pollock and Maitland's

\I
f

{i

�PROBLEMS OF LEGAL HISTORY.

17

survey of the beginnings of this history, and of Professor Williston's and others' essays in the later period, the legal historian has
still to trace the connected story of development in all aspects.
(b) For commercial paper, insurance, and maritime commercial
law, almost everything (apart from two or three scattered essays)
has yet to be done, that is, for the story before the 1700s. The
whole scene shifts across the channel. Even there the curtain is but
half raised. Brunner has illuminated part of the history of Commercial paper. Goldschmidt's great history, cut short by his untimely
death, did not get much beyond the Mediterranean history down to
the 1400s. The Hansa and Flemish development seems not to be yet
fully explored. The three centuries in England before Lord Holt
(1400-1000), when all the continental mercantile methods were being
learned by English traders, form undoubtedly the most fascinating
and obscure part of the untold story. To illustrate its possibilities : In 1009 a statute of James I forbade the use of merchants'
account books in evidence, except as between themselves, after one
year and for items of over 40 shillings. This statute does not explain itself. Perhaps it looks like a blow at the Dutch and Hansa
merchants, who were intruding alien customs in London. Yet Italian history shows numerous identical statutes during the generation just preceding and following. Was this part of a general movement? Was there a borrowing? The largest sort of a survey is
needed for the historian in this field, and his search must range from
Venice to Wishy and Oleron, as well as from the court of Pie
Powder to Lord Holt's dealings with promissory notes.
B. The internal history of the law (so far as it has not been
noticed in what was above said) may be likened in its present state
to an unfinished house, whose foundations have been completely
laid and whose frame and beams are erected. The roof is yet lacking, and all the filling in of the walls and plaster and flooring. Its
plan and shape and divisions can be plainly understood; but it
cannot yet be inhabited, and many kinds of workmen must yet labor
upon it. These foundations are those of Professor Maitland and
Sir Frederick Pollock in their History. This frame and these crossbeams are chiefly the essays of Professor Ames. It may be said
that down to the 1300s the substance of the whole history of our law
is established; and that from the 1300s to the 18oos the history of the
main doctrines of private law which have remained obscure or
misunderstood (and excepting commercial law) have been supplied.
But the painstaking completion of scores of important details during
these five hundred years remains to be done. It would be impossible
here to enumerate the precise parts. Merely as examples of some of
those that have been supplied may be named Mr. Scrutton's history

�18

BULLETIN OF THE LAW SCHOOL.

of Copyright; Professor Beale's history of a bailee's liability; Mr.
Veeder's history of libel and slander; and Professor Gray's and
Mr. Digby's work in real property. As examples of those that have
not been supplied may be taken the history of mortgage law*, the
history of personal suretyship, the history of auxiliary legal remedies, and of legal process in general, the history of mercantile law
above mentioned (chiefly commercial paper, maritime law, and corporations), the history of conflict of laws, of insolvency laws, of
public officers' liability, and of some doctrines of equity.·
C. The transatlantic or American history of our law falls naturally into four parts, (1) the colonial history, (2) the later judicial
development of the substantive common law, as modified by statute
in a few parts, (3) the statutory forms of procedure, and (4) the
adoption of bodies of Spanish law in the Southwest.
(1) The colonial law remains as yet substantially untouched.
The doctors of philosophy have sufficiently diagnosed almost all of
the political and economic conditions which surround it, and the
editors have edited many portions of the archives; but the professedly legal historian of the private law has not yet arisen. We
know that much law was brought directly over; the Massachusetts
Colony sent for Coke's Reports, so that it should not be forgotten .
We also know that some colonies discountenanced professional lawyers, so that much inherited law was discarded or mutilated. We
know, too, that several of the many sound reforms which the
Cromwellian Commonwealth had planned, but the restoration of
Charles had defeated, were carried out in some of the colonies,for example, the compulsory registration of conveyances of land.
But the systematic exhumation of the private law as a whole, so far
as it appears on the records, has not been attempted, even for a
single colony. Nor would it be, in any part, of merely dead historic
interest. Chief Justice Kent decided a great many cases from his
English reading, not from local traditions or records, and after the
English reports began to multiply rapidly, from 1790 to 1810, they
were chiefly relied on over here. But the interesting thing is often
seen, when an American rule is found to differ from an English one,
that it differs because it had already been different, in the tradition
before 18oo. All this body of prior tradition remains to be systematically expounded.
(2) The development of substantive law since 18oo is to be found
usually described with sufficiency in the treatises on the special
topics of the law. In the law of real property, of marriage, and
of other subjects, there have been numerous important variations.
*Since the above was written, Mr. Hazeltine's essays are filline- the eap on this
topic.

�PROBLEMS OF LEGAL HISTORY.

19

But these local historical features are not so significant for the general understanding of our present law as the prior history of English
law itself, and the time has hardly yet come when a comprehensive
survey is either feasible or necessary. It is only to be noticed that
the writers of treatises do not usually treat their subjects as
much in the historical spirit as it now deserves.
(3) The development of procedural changes has been widespread.
For the Code system, so-called, its history has been described by
Professor Hepburn and others. But in the older states, such as
Massachusetts and Connecticut, which still do not use the name of
code, much history has been made which deserves to be chronicled,
but as yet has not been systematically described in its causes and
circumstances. Such a history must begin with Bentham at one
extreme and with the American judicial organization at the other,
and will have much ground to cover.
(4) The land system of the United States Government titles
has affected all the Southern, Central and Western states in general,
and the Spanish system in particular has affected those of California, Texas, Missouri, Arkansas, New Mexico, and Arizona. The
historical aspects of this, which are interesting, have still to be
depicted.
II. Our second inquiry is: What are the methods by which the
further investigation of our history can be encouraged, and its
hitherto attained results be made broadly known and influential in
the legal profession? Our inquiry may be stated in two questions:
A. How can we get more history written? and B. How can we
make known what is written?
A. The first question is a necessary one for us to face, for two
chief reasons: One is that our bar as a whole does not demand
historical books, and therefore there are few investigators and
fewer books. The other reason is that our Universities in the
United States do not in general exist (as those of the European
Continent do) for the main purpose of providing learned men with
a comfortable living while engaged in research; they are, primarily,
teaching, not investigating bodies. Consequently the pursuit of historical research tends to receive less than its relative share of activity. It is our duty to canvass and to encourage all feasible means
of increasing this activity. What practical means are there?
1. First of all, those who have vindicated their right to possess
this field should be urged and stimulated to continue its fruitful
tillage; and not to abandon it for other fields tempting to their
versatile sympathies. The greatest loss which English legal history,
in the strict sense, has ever suffered is marked by Professor Maitland's excursus into the economic region of Domesday Book and the

�20

BULLETIN OF THE LAW SCHOOL.

minutiae of the primitive English land system, and by Professor
Ames' varied trips into the modern realms of commercial paper,
admiralty, and partnership. This Congress here assembled should
issue to those scholars a peremptory writ of Ne exeat regno Angliae
juris liistoriae. Let us appeal to them in the most urgent tones to
continue the cultivation of those peculiar fields whose fruits no
one else, in default of them, is either competent or likely to gather
for a generation or more to come. The motive, it may be supposed,
for these great scholars' temporary abandonment of the field of
later medieval and early modern history is the scantiness of the
materials at present accessible for studies in that epoch. Work
done now could hardly be expected to stand, after a generation.
This dearth of materials (to be noticed later) can be remedied in
time; but the reasons are all the stronger for hastening that fortunate day.
2. Let a committee of mature scholars map out a list of the
precise topics now most demanding further research; and let the
younger scholars in our University Faculties be thus supplied with
intelligent lines for their ambitions to pursue during the coming
generation.
3. Let the Universities found a journal, or series of proceedings
or studies, in which historical essays, long or short, can be insured
a publication. The Procrustean limit of twenty or twenty-five
pages, which is now imposed in the professional journals, makes
many publications impossible; and the book-sellers, hampered by the
bar's narrow demands, offer no market.
4. Let the Universities unitedly offer an annual or biennial prize
of substantial sum for historical essays; perhaps requiring the
amount to be spent in study abroad.
5. Finally, but most important of all, let the materials for historical research be more amply provided. ( 1) As for materials
already printed, this means that there ought to be at least five libraries, in different centers of this country, whose equipment in English
materials, reasonably equals in fullness that of the Harvard Law
School. It may not be longer possible to obtain in multiplicate all
of its sources, and in any case not without some years of search.
Nevertheless, the fact ought to be faced, that in order to promote
a healthy diffusion of historical activity, for the coming generation
of scholars, adequate means should exist in at least five widely
separated places. This would require from $10,000 to $40,000 each
to supplement the collections now existing at some points. (2)
As for the materials not yet printed, the cause demands a decided
expansion and acceleration of work. These materials, roughly divided, arc (a) the Rolls and other judicial documents and early

�PROBLEMS OF LEGAL HISTORY.

21

treatises now being gradually reprinted by the English Record Commissioners and the Camden, Surtees, Pipe Roll, and Selden Societies; (b) the Year Books; ( c) the American colonial records. As
to the first of these groups, the various efforts now being made may
be trusted to mature as rapidly as is feasible. As to the second of
these groups, the Year Books, something more can be and ought to
be done to speed the re-editing of the now printed volumes and the
printing of the equally numerous volumes which still rest practically
inaccessible in manuscript. At this moment, the progress seems to
be arrested chiefly by the difficulty of finding persons who combine
in equal and adequate degree the skill of a palaeographer and the
training of a lawyer.*
The establishing of a correct text being
indispensable, both these accomplishments must coincide in any
editor. At present this obstacle is prohibitive; though it does not
seem insuperable by time. So far as the renewal of progress, both
for the Year Books and for the Rolls, is question of funds, the
United States ought to contribute a share to this task of common
benefit. As a beginning, an assessment should be requested from
every University in the Association of American Law Schools, in
the amount of $roo each for every 200 students in its School ; this
assessment to be pledged biennially or triennially. As for the third
group, American colonial records (in which indeed much has already been done by Massachusetts and New Hampshire), the State
Bar Associations of the Atlantic States should undertake to secure
the printing by a State commission of the distinctively legal material.
With such expedients we shall have done something to secure
a firm and lasting growth for historical research.
B. But the second part of our question is perhaps more pressing,
-certainly more puzzling to answer: How can we make the Bench
and Bar to know, to possess, and to utilize what is already written?
True culture, says Matthew Arnold, is inspired not only by the scientific passion, but by the passion of doing good. "Culture is considered, not merely as the endeavor to see and learn this, but the
endeavor, also, to make it prevail." How, then, can we make the
acquired truths of history prevail?
It is plain to us all that our profession in this country radically
lacks taste, and interest, and common attainments, in the history of
our law. It is absorbed in the practice. "Not to know what has
been translated in former times,'' said Cicero, "is to continue always a child. If no use is made of the labors of past ages, the
world must remain always in the infancy of knowledge." Of
(*) For this information the writer is indebted to Professor Beale's remarks,
durini: the session of the Congress.

�BULLETIN OF THE LAW SCHOOL.

22

what ultimate use is our historical research if its results remain
practically unknown and unused by the profession itself in the
interpretation and administration of the present law? It is depressing, it is irritating, to observe how scant is the consideration, how
. dense the ignorance, shown by the practical administrators of the
law when its history becomes material in their work. The crude
pronouncements of a hundred years ago seem still to suffice. There
might almost as well have been, for them, no history written during
the past two or three generations. The astonishing obstinacy of
this narrow professional habit may be illustrated by a single, but entirely typical instance. Ex uno disce omnes. If there is one topic
which is the pride and the commonplace of our law, it is jury trial;
if there is one topic more than another which is known to have a
history, it is jury trial; if there is one question more than another
in which history can contribute to the settlement of modern practical
questions, it is whether in trial by jury, as handed down from of old,
the number twelve is essential; and, finally, if there is one tribunal
more than another which has by common attribution the highest
legal attainments and the least excuse for lacking them, it is the
Supreme Court of the United States. In the year 1897, then, in
discussing this question historically (in Thompson v. Utah),* the
opinion of the Supreme Court of the United States of America
declares that the well-known clause of Magna Charta pledging a
trial by judgment of the freeman's peers signified trial by jury.t
Now in 1895, two years before, the epoch-making history of Pollock
and Maitland had appeared, in the face of all men; in 1891, six years
before, the history of jury trial had been re-examined in the Harvard
Law Review, by Professor Thayer, one of the two greatest authorities on Constitutional Law then living, outside of the Federal Supreme Court itself; and in 1875, twenty-two years before, had
appeared in an American edition Mr. Forsyth's History of Trial
by Jury. In all three of these it had been plainly pointed out that
the Magna Charta clause did not signify jury trial, but precisely
the opposite; namely, the Barons were opposed to jury trial.:t: Yet,
with all these authorities staring from the library shelves, the "most
exalted tribunal in the world" harks back to Blackstone's crude
authority of one hundred and thirty years before; and perpetuates
indelibly upon the records of our law a gross erro1: of fact, upon
(•) 170 U.S. 343; 349; 18 Sup. 620.
"When Magna Charla declared that no freeman should be deprived of life.
etc., 'but by the iudi:ment of his peers or by the law of the land,' it referred to a trial
by twelve jurors.''
(t)

(t) Pollock &amp; Maitland. 151; Thayer, 56--65; Forsyth, 91 ("It is a common but
erroneous opinion that the i1tdi'cium Jarium, or trial by one's peers, had reference to
the jury.")

�PROBLEMS OF LEGAL HISTORY.

23

one of the most simple, most marked, most important, and best
known points in our history. We need not aspire, perhaps, to the
fortunate condition of some of the European courts, where (as
at Basel in Switzerland) the Chief Justice is the author of one of
the three greatest histories of Germanic law, or (as at Paris) the
author of the leading history, in his own language, of the procedure
of the Holy Inquisition. But it is surely a simple and defensible
ambition that the judges of our highest court should read somebody else's book of legal history enough to keep up with the common
and established facts of our past. It is held, as a rule of our law,
that judicial notice will be taken of ancient books of history; but it
would seem that our judges will take notice of no other kind
of books.
Surely it ought not to be said of our courts, as
Rabelais' Pantagruel conceded to the learned doctors of the law,
that as for "knowledge of antiquities and history, they were truly
laden with them,-as a toad is with feathers!"
If we ask what is to be done, then, for the propagation of the
general knowledge of what is already established by our historical
scholars, we may take in turn the three parts of our legal profession,
(I) the Bench, (2) the Bar, (3) the students of law.
I. As for the Bench, we may as well concede that it is vain to
hope to add this acquirement where it is now lacking. Rudolph von
Ihering, the witty historian of Roman law, lamenting the imperviousness of the German bar to an interest in that history, declared that the
right man would some day be born who would serve up history as
appetizingly as a French cook could disguise a piece of sole-leather
with one of those inimitable sauces. Pending that genius' arrival,
his prescription was a good cigar, a comfortable stuffed chair, and the
feet on the mantlepiece ad lib., as the best aid to the exercise of the
historical imagination. If a box of Havanas, by Ihering's prescription, could be furnished to judges with every copy of Pollock and
Maitland, perhaps we might expect something. For most judges,
some such artificial stimulus must be provided.
Fortunately, there are always exceptions. Where the instinct of
culture, that is, of a worthy and high-souled curiosity, is seated
beneath the judicial ermine, there will be found a judicial regard
for the history of our law,-as in Doe of New Hampshire, Gray of
Massachusetts, Mitchell of Minnesota, Daly of New York, Cooley
of Michigan (to name some of those who have passed away), and
among those still active ( to name only two or three of the prominent
ones), Holmes of Massachusetts and of the Federal Court, Dillon,
now retired, Baldwin, of Connecticut, McClain, of Iowa.
2. So, also, for the practitioners at the Bar, it is too late to do

•

�24

BULLETIN OF THE LAW SCHOOL.

anything directly, except for those who still realize that knowledge
is unending and who continue to be students of the law.
3. The great practical question therefore becomes, What can we
do to teach the knowledge of history to students of law, and that
chiefly, of course, in our schools of law?
( 1) In the first place, the materials now existing in the English
language must be collected from scattered corners and brought
together in a series of accessible volumes. It is practically impossible to set a class of students at work on the material in its
present form, because, for the purposes of a large body of students,
multiplicate entire sets of the periodicals or copies of rare pamphlets would be required. For example, an acquaintance with Professor Ames' indispensable researches into the history of the civil
actions cannot be completely exacted of an entire class of students,
simply because a School cannot ordinarily possess a sufficient number of the entire sets of the Review in which alone they are now
accessible. The best practical service that can at this moment be
rendered to the study of legal history would be the work of a
Committee doing two things: (a) the compilation of a bibliography
of all articles in periodicals, all pamphlets, and all special chapters
in general treatises, dealing with the history of any part of our
law; (b) the selection from this bibliography, of the most useful
articles, pamphlets, and chapters, for reprinting in a series of ten
or twelve volumes, to be used by instructors as reference materials
in all subjects and for all grades of students; the volumes to be
subscribed for by Universities and other libraries to an extent sufficient to guarantee publication.
(2) In the second place, this same Committee, or another one,
must provide for the gradual translation and publication of three or
four of the greatest continental works of legal history on the
period which shows the foundations of our own history. The history of English law, on both sides of the channel, is undoubtedly,
as Mr. Freeman used to emphasize for European history in general,
"from its first glimmerings to our own day, one unbroken drama."
We must sedulously propagate this view of it. "I am ashamed,"
said Emerson, "to see what a shallow village tale our so-called
History is." We must do all we can, for the aspiring and worthy
student, to remove from our history that quality of a village tale
which the technicalities of professional practice tend to emphasize.
It is useless to argue, in opposition, that the student fit for these
things will always have the French and German language at his
command, and that therefore a translation is unnecessary. The fact
remains that a large proportion of them have not, and that the
exorbitant demands of other parts of their legal education usually

�PROBLEMS OF LEGAL HISTORY.

25

prevent them from undertaking these languages merely for the
sake of legal history. Besides, the study of that history to-day
needs special encouragement; we ought to remove all the actual
obstacles, even if we thi~k that they ought not to have been obstacles. The translations ought to include at least Brunner and
Heusler on Germanic law, Esmein on French criminal procedure,
Brissaud on French civil law (when the work is finished), Pertile
on Italian legal history, and Goldschmidt on the history of commercial law. It is lamentable to think of those works being locked
up from the mature students of this generation. The Committee's
task would be in four parts: (a) to fix upon the works to be translated and to secure the author's consent; (b) to discover among the
younger men those whose accomplishments and tastes would fit
them for the labor of translation; (c) to secure from the Universities and other libraries a sufficient number of subscriptions to
induce a publisher to undertake the series; (d) to adopt a uniform
vocabulary for the translation of certain common technical words,
and to keep a general supervision over the process of the translation.
(3) In the third place, the study of legal history should be
made compulsory in law schools. The great fact of experience under the elective system in law schools is that with the multiplication
and expansion of topics the subjects of history and jurisprudence
are crowded out of the usual voluntary selection. The temptation of
the practical, as it looms up directly ahead of the profession, is too
great for the student. As between particular advanced topics of law
-such as Mortgages, Commercial Paper, and the like-no one of
these seems to deserve greater claims than any other; it is rather a
question of discipline undergone than of information acquired. But
against any one or all of these, Legal History does have a claim.
Since the student ignores that claim, it should be vindicated in his
behalf and regardless of his choice. History, says Montaigne, is
everybody's subject. Over and above the history of the individual
doctrines studied in the several courses, there ought to be a course
of general reading. Our mistake hitherto seems to have been in
supposing that this must indispensably involve a course of lectures;
and few of us have cared to assume the cathedra of legal history.
But the essential thing is merely that the student should gain the
broadened view by a course of reading. "Reading maketh a full
man." This part of the education can be sufficiently tested by an
examination. This course of historical reading should include
something interesting in the biographies and traditions of bench and
bar. The Duke of Marlborough said that he learned all the history
he ever knew out of Shakespeare's historical plays; certainly our

�26

BULLETIN OF THE LAW SCHOOL.

modern legal history can best be studied in the careers of Hardwicke, Mansfield, Eldon, Erskine, Denman, Brougham, Campbell,
Webster, Field, and Choate. The course, moreover, should not be
seriously attempted until the second and third years. John Morley
has preached to us the natural method of learning history backward.
"I want to know," he says, "what men did in the thirteenth century,
not our of antiquarian curiosity, but because the thirteenth century is
at the root of what men think and do in the nineteenth. It is the
present that we seek to understand and to explain." Until the
student has come into the possession of some of the technicalities
of trover and ejectment, and has read some of the opinions of
Mansfield and Eldon, it is useless to expect him to take a living
interest in the details of history. Such a course can be constructed
on something like the following plan : First Year: Selected chapters of Blackstone's Commentaries (for acquiring the orthodox
traditions) ; R. K. Wilson's History of Modern English Law;
Second Year: A, (a) Pollock &amp; Maitland's History of English
Law, volume I; and, (b) Campbell's Lives of the Chancellors, beginning with Lord Hardwicke; B, extra and optional course, to
count-for additional credit under the elective system: (a) Pollock &amp;
Maitland's History of the English Law, Volume II, or Selected essays by Ames and others; ( b) any three of the following: Campbell's Lives of the Chancellors, from Sir Thomas More to Lord
Hardwicke; Campbell's Lives of the Chief Justices, from Lord
Holt; Campbell's Autobiography; Twiss' Life of Lord Eldon;
Arnould's Life of Lord Denman; Brown's Life of Rufus Choate.
Third Year (here branching from legal history to broadening subjects of jurisprudence): A course of reading (of one or two
volumes) in specified books on any one of the following subjects:
General Jurisprudence, Roman Law, International Law, Germanic
Legal History. Something of this sort must surely be done if the
newer generation are to be expected to know and to use the results
achieved by the older scholars.
III. Our third and last general inquiry is: What are the chief
lessons and warnings for the future tendencies of our legal history?
This does not signify an inquiry into the changes which are likely to
be suffered or ought to be made in particular doctrines or rules.
That is a question of legislative policy. The question is this: Having in view the mode of development of our law in the past, are the
general conditions which have surrounded that development likely
to remain, and, if not, in what respect? Will the persons and
their methods remain the same, so that we may expect the mould
and form to remain? It is seen, for example, that when English

�PROBLEMS OF LEGAL HISTORY.

27

law was transferred to American soil all the distinctive mechanics
of development continued. The legislator and the judge, the treatise and the report, the bench and the bar, took practically the same
part as before. Only the distinction between constitution and
statute was novel, and the abolition of the distinction between counsel
and attorney. Except, therefore, in the constitutional field, it has
resulted that we may to-day discuss contemporary American law in
practically the same terms in which Lord Holt and Sir Edward
Coke discussed it. Does the future have any promises or omens for
us? Two features seem clearly marked.
r. An omen is certainly visible in the inordinate multiplication of
printed reports of cases. The threat to the future of our law is
veritably appalling. We are going to be drowned in them. The
danger is that in trying to remedy the evil, when it bursts upon us,
we shall take some sudden and ill-judged measure of defense.
Perhaps, like Justinian or Napoleon, we shall commit the futile
error of forbidding all rulings of courts to be cited as precedents.
Perhaps, like the stag fleeing from his pursuers and blindly thru$ting his head into the bush, we shall decline to print a portion of the
opinions which we write (as some Courts now do) and then feign
not to see the private editions which the lawyers_are _nevertheless
using. But in any case we must not abandon the publication of
opm1ons. Abolish reports, said Edmund Burke, and you abolish
the law of England. The essential thing is not this or that remedy,
but the clear conscious vision of the momentous danger that is
approaching. It will swamp our law; it will turn it into a formless
mass. The mere bulk will be such as to transform our whole professional life and legal methods, in some fashion which is as yet
unforeseen, but it is certain to be undesirable. The most feasible
and effective remedy is for the judges to refrain from writing opinions of any sort except in that small proportion of cases which
seem to require them.
2. The second feature of the outlook is a promise of encouragement, in that the vogue of wholesale codification has been stopped.
This has been plain for a decade or more past. With so little of our
legal history fully disentangled, and with communities of such
diverse interests to be served by the national law, the time for codification of the entire mass of law ought to be far in the future. But
the codification of what is known and settled, gradually proceeding
piecemeal through the mass, is a different, a feasible, and a desirable
thing. This is the turn now being taken. Through the efforts of the
American Bar Association and the State Commissions on Uniformity of Legislation, a signal beginning has been made, and the progress is likely to be as rapid as could be expected.

�28

BULLETIN OF THE LAW SCHOOL.

Except in these two important respects, the history of our law in
the future seems destined to develop by the same methods, during
the next one hundred years, at any rate, as during the past three
centuries.

�����v.

DENTAL SCHOOL
CHICAGO
Offers a four years' course leading to the degree of Doctor of Dental Surrery. The
facilities for the practical and theoretical instruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the students and instructors. The attendance durinr the last year was 535. It is the largest
Universi\y Dental School in the world.
For further information, address Northwestern University Dental School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

VI.
SCHOOL OF MUSIC

COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretrical study of Music, and is designed to prepare students for the profession as composers, theorists, artists,
teachers, or critics. It also makes provision for the study of Music as a part of
e-eneral culture or as an accomplishment, It offers three or four year courses lead·
int:" to an appropriate derree in Music.
For further information, address School of Music, Evanston, Illinois,

VII.
ACADEMY

COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses preparatory to college and practical life. The
proximity of the collere department with its many facilities constitutes a rreat advantage to the Academy. Young men and women will find here opportunity to prepare for any college in the country.
For further information, address Northwestern University Academy, Evanston, Illinois.
A second Academy, under the name of Grand Prairie Seminary, is maintained
by the University at Onarga, Illinois. Special facilities are afforded for preparinr
for college or technical schools, or other higher institutions of learnini:. The location in a small town makes it possible for the authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinois.

VIII.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medical
School on substantially the same terms as men.
For further information as to the Residence Halls for Women, addreas Dean
of Women, Willard Hall, Evanston, Illinois.

IX.
SCHOOLS OF THEOLOGY

EVANSTON
GARRETT BIBLICAL INSTITUTE
Garrett Biblical Institute, chartered in 1855, is a theolorical seminary co-operating with the University, It is open to all students who are properly recommended as
candidates for the Christian ministry, It offers a three years' course, arraneed for
classical graduates, Jeadinll' to the dell'ree of B.D.: also a four years' course open to
college graduates leadinll' to the degree of Ph.D.
Th~ intimate relations of the University and the Institute afford rreat advantares
to all those preparinll' for the Christian ministry.
NORWEGIAN-DANISH THEOLOGICAL SCHOOL
The Norwegian-Danish Theological School, affiliated with the Institute, offers to
those preparing for the ministry among the Norwegian and Danish people an opportunity to do this in the English, Danish, and Norwegian languages.
SWEDISH THEOLOGICAL SEMINARY
The Swedish Theological Seminary, organized to meet the increasing demands
for educated pastors and missionaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further Information, address the respective schools, Evaaato11, lUl11ola.

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                <text>SERIES III NUMBER III NORTHWESTERN UNIVERSITY CHICAGO EVANSTON BULLETIN OF THE SCHOOL OF LAW (UNION COLLEGE OP LAW) POUNDED OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J. James  Ph.D.  LL. D.  President Northwestern University            . Four (Law  Medicine  Dentistry    Pharmacy) Chicago.      LAW SCHOOL CHICAGO Offers      '     Law           Bachelor   Laws. Special Law. oftheChicaiio Law Institute Library .  Law                  ! !'  . Northwestern University Law School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago. Northwestern University Building  Corner   Lake   Dearborn Streets Chicairo. QUARTERLY BULLETIN OF THE SCHOOL OF LAW . II. III. IV. V . CONTENTS OF No .    SERIES III. NOVEMBER      JANUARY     . CHRONICLES OF THE PAST QUARTER LIST OF ADDRESSES IN THE COURSE ON LEG AL TACTICS FOR . REVISED REGULATION S FOR LEGAL SPEAKIN G AND WRITING (FORENSICS) THE ALUMNI AND THE LEGAL ADVICE CLUBS ADDRESS OF THE DEAN OF THE FACULTY AT THE INTER  • NATIONAL CONGRESS OF ARTS AND SCIENCE MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Entered     Post     Chicago  Ill.         .       . CHRONICLES OF THE PAST QUARTER. . Resignations   Appointments     Faculty. Resignations.      Dr. Edmund Janes JAMES President University                University Illinois. To   Law School            Departments University                 . University  University . Professor Thomas F. Holgate  Dean Faculty   Liberal Arts        Acting President . Professor Nathaniel Clinton SEARS Professor Louis Lee DENT                     Board Trustees      . Professor Sears Faculty           Professor Dent       . Appointments.       Illinois Practice  Equity Pleading Mortgages Board           Faculty Illinois Practice   Professor FOLLANSBEE    Equity Pleading    Professor ADAMS      Mortgages    Professor GREELEY.  Executive Committee Board Mr. Charles Yoe FREEMAN (A. B.  Princeton University  LL. B. Northwestern University)      Lecturer   Corporation Practice  Corporations . Mr. Herbert J. FRIEDMAN (A. B.  LL. B.  Harvard University) Lecturer   Liens . Mr. Dwight St. John BoBB (A. B.  Northwestern University  A. M.  LL. B.  Harvard University)      Lecturer   Public Service Corporations (    Common Carriers) .  BULLETIN OF THE LAW SCHOOL. Executive Committee Forensics  BULLETIN Mr. Ebenezer Washington ENGSTROM (A. B.  Northwestern University Instructor   Rhetoric   Elocution   Albion College)      Instructor   Voice Training   Forensics. Mr. Henry Lee PRESCOTT (A. B.  LL. B.  Harvard University Instructor   Forensics   Harvard College)      Instructor Forensics. .   School     Professional Associations. Faculty American Bar Association     St. Louis Professors ADAMS  KALES  GREELEY    SCHOFIELD. Association American Law Schools      St. Louis       . Professor WrGMORE         American Bar Association International Congress Lawyers   Jurists      St. Louis       . Professors HYDE   WrGMORE     International Congress Arts   Sciences     St. Louis International Law History   Law  BULLETIN. . Publications     Farnlty. Several       Faculty  Professor HYDE      International Law  Professor KALES Future Estates   Property   Illinois  Professor LITTLE Corporations    Professor WooDWARD      Quasi Contracts. Professor WrGMORE   Evidence Volumes     II            Volume III Volume IV . Professor ELDER               Extraordinary Remedies                         .  II. LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR          . (Third Annual Series.) All Addresses         Evenings    Hurd Hall Law School       Northwestern University Building Lake   Dearborn Streets             ' . All  . No      . . . Oct. IO. Preparation     Case   Trial Edwin M. Ashcraft Esq. (President     Chicago Bar Association ). . Oct.   . Methods         Public Records Wells M. Cook  Esq. (  Assistant Corporation Counsel     City   Chicago). . Oct.   . Special Assessment Practice George A. Mason  Esq. (Author   Mason   Special Assessments). . Oct.   . Acquisition   Retention     Clientage Frank Asbury Johnson  Esq. (President     Chicago Bar Association         ). Nov.  . (Eve   Election  . No  ). . Nov.   . Brief   Argument     Supreme Court Merritt Starr  Esq. (         Peck  Miller &amp; Starr) . . Nov.   . Practice   Pleading     Illinois Statutes Keene H. Addington  Esq. (      Jones &amp; Addington'  Supplement   Starr &amp; Curtis' Annotated Statutes   Illinois). . Nov.   . Land Condemnation Practice Samuel A. Lynde  Esq. ( General Attorney     Chicago &amp; Northwestern Railway Company). . Dec.  . Probate Practice Hon. John H . Batten ( Judge     Probate Court   Cook County). . Dec.   . Justice Court Practice  Robert N. Holt  Esq. (Assistant States Attorney   Cook County Justice     Peace   Cook County) .  BULLETIN OF THE LAW SCHOOL. IO. Dec.   . Justice Court Practice ( )   Robert N. Holt Esq. Dec.   . ( Christmas Recess. No  ). . . Jan.  . Organizing   Advising   Corporation Levy Esq.          Moran       Meyer). . Jan.  . Some Features     Practice   Railroad Law Robert J. Cary  Esq. (        Glennon  Cary &amp; Walker  Attorneys     Lake Shore Railway). . Jan.   . Practice   Masters   Chancery Victor Elting Esq. (Master   Chancery     Superior Court Cook County). . Jan.   . Tax Title Practice  Harry S. Mecartney  Esq. ( Oliver &amp; Mecartney). . Jan.   . Municipal Contracts   Securities Granville W. Browning  Esq. (Master   Chancery     Superior Court   Cook County    Assistant Corporation Counsel) . . Feb.  . Practice     Juvenile Court Timothy D. Hurley Esq. (Police Magistrate   Chicago Chief Probation Officer). . Feb.   . Landlord   Tenant Roland K. Jones  Esq. . Feb.   . Bankruptcy Practice Sidney C. Eastman  Esq. (Referee Bankruptcy     Federal Court). . Feb.   . Examination   Witnesses Amos C. Miller  Esq. ( Lackner  Butz   Miller). . Mar.  . Practice     Federal Courts Ingolf K. Boyesen Esq. (         Herrick  Allen  Boyesen &amp; Martin). . Mar.   . Acquisition   Retention     Clientage Frank H . Scott  Esq. (         Scott  Bancroft  Lord &amp; Stephens). . Mar.   . Practice   Police Magistrates  John R. Caverly Esq. (Police Magistrate  Harrison Street Station). . Mar.   . Banking   Trust Company Practice James C. Hutchins  Esq. (Counsel     Illinois Trust Savings Bank) . . Apr.  . Law Office Wark   Dealings   Clients Silas H . Strawn  Esq. (        Winston  Payne &amp; Strawn). . Apr. IO. Ways   Manners   Judges Hon. Arba N. Waterman (  Judge     Circuit Court   Cook County        Appellate Court     First District   Illinois). III. REVISED REGULATIONS FOR THE INSTRUCTION IN LEGAL SPEAKING AND WRITING (FORENSICS) . (Adopted           .) "                Public Speaking Moot Courts . " . Persons     . "               Forensic Writing   Speaking. Forensics  Lectures Exercises           Moot Court   Public Debate Practical Legal Advice. "                    First . " .  . Parliamentary Practice     ( ) Elementary Course ( )   . " . Voice Training . " . Legal Argumentation   Briefs P. M. Argumentation            Briefwriting  . " . Oral Forensics   BULLETIN OF THE LAW SCHOOL. Oral Forensics Professor Forensics. A  . "            ( ) . " "II.  . Moot Courts.           Moot Court P. M. A   B .  . All . Each Professor            .  Professor Bulletin Board (     )  Professor . One    . On            Professor . Each  . All   .  .             . . Public Speaking  . An  Secretary'                       .  . No ( Faculty) LEGAL SPEAKING AND WRITING REGULATIONS.  School                . " . Public Debate. A Towle Prizes   Public Speaking  . No  School. " "Ill.  . Legal Advice Clubs. All Legal Advice Clubs IO                Secretary School Secretary. Difficult  Clubs . On     '       Secretary     Club    Club Dean     Professor               P. M.  Professor . " . Bureau   Justice. After  Chicago Bureau   Justice  University Branch Settlements   Police Courts . Secretary     School  C                    .  Superintendent     Bureau. (                    .) "  ." IV. THE ALUMNI AND THE LEGAL ADVICE CLUBS. "To           Legal Advice Clubs Legal Speaking   Writing Alumni    . Accordingly Alumni Chicago Clubs   Clubs "Brethren     Alumni Association " School. We  . Without  . " (Forensic  Briefs Moot Court  Public Debate   .)  . A          ' (         )   . Thus  . "Whence        ? From . All   ( Chicago               )  .           School . Perhaps  '  LEGAL ADVICE CLUBS. . No              Legal Advice Clubs  . They  . "From               Chicago . We . Send   . " . Make . With Very    ." '' FORM OF CASE STATEMENT FOR LEGAL ADVICE. " . Name   Class . Office Address . Date   Sending . Last Date   Desired Answer . Statement   Facts . Precise Kind   Advice Desired " (ALL CASE STATEMENTS' SHOULD BE FORWARDED IN TRIPLICATE.)  ·' THE PROBLEMS OF TO DAY FOR THE HISTORY OF THE COMMON LAW. An Address Deliflered   Department    Section        International Congress   Arts   Science  Unif!  Exposition St. Louir        I       John Henry Wigmore  Dean     Faculty   Law Northwestern University. A . . ? ? Vice Presidents Congress            Problems   To History     Common Law .  ? II.  ? III. ? . Vangerow       Pandecten Roman Law  "All " Gaius' Institutes Niebuhr. English  Mr. Justice Holmes'   Common Law  Sir James Stephen'  History     Criminal Law Selden Society'       Professor Ames' History   Civil Actions    Sir Frederick Pollock'    Professor Maitland'            English Edward  . Up . Constitutional History    Stubbs  Gneist  BULLETIN OF THE LAW SCHOOL. Seebohm Commercial      Ashley  Cunningham Gross     .                 Palgrave Bigelow  Young Coke  Blackstone  Spence  Reeves  Finlason    Crabbe . Mr. Justice Holmes'         Common Law     . Sir James Stephen'  . Ames  Pollock    Maitland    .       Thayer  Liebermann Jenks  Salmond  Scrutton Selden Society English '   .  ? And              ? Here                        A English    B           C American  . A. ( ) Germanic    ( ) Roman    ( ) ( )          . ( )   Germanic       English Missouri     Mississippi .   Germanic Continent           Saxons  Jutes A . D.                   A. D. Norman  .   .   Germanic Brunner  Heusler   . Amira  Gierke  Schulte  Stobbe Schroeder PROBLEMS OF LEGAL ItlSTORY. Brunner' . Norman          Esmein  Flach  Brissaud  Viollet Beaune  Tardif    Glasson . Pollock Maitland'   . . ( )   Roman                . ( Germany   Italian       r   r        Japan French   German        r          Rhine French Code     r  ) . Roman .   '    r  ' . Thereafter  English .                 Pollock Maitland   Scrutton. A . ( ) .                  . ( ) ' IIOO English  .       English       ( Pollock   Maitland)          . A . . ( )  King'  Bench  Exchequer  Common Pleas  Courtsbaron ( English)  Church    Chancery Requests      Star Chamber        Admiralty English Courts . By  . Professor Maitland' Renaissance   English . Although BULLETIN OF THE LAW SCHOOL.  . . . Thus    . Most .  . . To           Roman   Canon   Lord Holt  Lord Mansfield           Lord Bowen  Sir George Jessel  Chief Justice Kent  Mr. Justice Story Mr. Justice Holmes . (     )  . . ( ) . Selden Society'      Mr. Marsden' Select Pleas     Admiralty  . {  Continent . Availing     Pollock   Maitland' PROBLEMS OF LEGAL HISTORY. Professor Williston' ' . ( ) (             ) . . Even . Brunner               Commercial . Goldschmidt' Mediterranean .   Hansa   Flemish .         England   Lord Holt (         ) English . To James            '  . . Perhaps               Dutch   Hansa London. Yet Italian  . Was            ? Was      ?  Venice   Wishy   Oleron                Pie Powder   Lord Holt'         . B.             ( )  . . Its   . These         Professor Maitland Sir Frederick Pollock     History. Professor Ames.    (       )      .  . . Merely Mr. Scrutton' BULLETIN OF THE LAW SCHOOL. Copyright  Professor Beale'         '     Mr. Veeder'               Professor Gray' Mr. Digby'         . *   (               )  '               .· C.       American ( )        ( )  ( )              ( ) Spanish       Southwest. ( )                .    . We Massachusetts Colony     Coke'  Reports                . We . We  Cromwellian Commonwealth Charles .   . Nor . Chief Justice Kent English English . American               English  . All . ( )  . . *Since          Mr. Hazeltine' . PROBLEMS OF LEGAL HISTORY.  English  .  . ( )                . Code Professor Hepburn    . Massachusetts   Connecticut   . Such           Bentham American . ( )           United States Government Southern  Central   Western Spanish               California Texas  Missouri  Arkansas  New Mexico    Arizona.  . II. Our   ? Our A. How            ?   B. How ? A. One  .             Universities United States           (        European Continent  )  . Consequently .  .          ? . First   .         English Professor Maitland' Domesday Book BULLETIN OF THE LAW SCHOOL. English          Professor Ames' .   Congress Ne     Angliae . Let   . '  . Work . (       )  . . Let  University Faculties  . . Let   Universities  .   Procrustean   '            . . Let   Universities  . . Finally . (  )  English Harvard Law School. . Nevertheless   .         $         $ . ( )  . These ( )   Rolls PROBLEMS OF LEGAL HISTORY. English Record Commissioners Camden  Surtees  Pipe Roll    Selden Societies ( )   Year Books  (  )   American    .  . Year Books   .   .*  . . So Year Books       Rolls United States . University     Association   American Law Schools $                  School . American     ( Massachusetts   New Hampshire)    State Bar Associations     Atlantic States State            . With . B. How         Bench Bar                        ? True      Matthew Arnold . "Culture  ." How ?   .            . "Not ''   Cicero  " . ." Of (*)                 Professor Beale' Congress. BULLETIN OF THE LAW SCHOOL.   ?  . . . There  .  . Ex      .         Supreme Court     United States. (  Thompson  . Utah) * Supreme Court     United States   America Magna Charta '           . Now                          Pollock Maitland Harvard Law Review    Professor Thayer Constitutional Law            Federal Supreme Court American   Mr. Forsyth'  History   Trial Jury. Magna Charta Barons          .    Yet " "       Blackstone'  erro (•)     U.S.              Sup.    . ( ) "  Magna Charla                  . .  '                              ' .'' ( ) Pollock &amp; Maitland.      Thayer          Forsyth     (" i  '  Jarium         ' .") PROBLEMS OF LEGAL HISTORY.  . We European      ( Basel   Switzerland)   Chief Justice Germanic      (    Paris)  Holy Inquisition.  ' .   . Surely Rabelais' Pantagruel " !"    ( )   Bench  ( )   Bar  ( )        . .       Bench . Rudolph Ihering          Roman German  French . Pending    '  . .         Havanas    Ihering' Pollock Maitland           . . Fortunately         . Where   Doe   New Hampshire  Gray Massachusetts  Mitchell   Minnesota  Daly   New York  Cooley Michigan (                 ) ( )  Holmes   Massachusetts       Federal Court  Dillon Baldwin    Connecticut  McClain    Iowa. . So               Bar              • BULLETIN OF THE LAW SCHOOL.  . .  ? (  )                      English  .    .            Professor Ames'  School Review .  Committee        ( )   ( )    Universities . ( )              Committee   . English Mr. Freeman         European "                      ." We              . "      " Emerson  " History  ." We  .  French   German .   PROBLEMS OF LEGAL HISTORY.  . Besides  . Brunner Heusler   Germanic    Esmein   French Brissaud   French     (         )  Pertile Italian        Goldschmidt . .   Committee' ( ) '     ( )  ( )         Universities  ( )  . ( ) .   .  . Mortgages  Commercial Paper  . Legal History        . Since . History    Montaigne '   . Over  . Our  .  . "Reading ." .  .   Duke   Marlborough Shakespeare' BULLETIN OF THE LAW SCHOOL. Hardwicke Mansfield  Eldon  Erskine  Denman  Brougham  Campbell Webster  Field    Choate. . John Morley . "        "      "  . ." Until   Mansfield   Eldon . Such First Year  Selected Blackstone'  Commentaries ( )   R. K. Wilson'  History   Modern English Law Second Year  A  ( ) Pollock &amp; Maitland'  History   English Law          ( ) Campbell'  Lives     Chancellors Lord Hardwicke  B ( ) Pollock &amp; Maitland'  History     English Law  Volume II    Selected Ames      (  )            Campbell' Lives     Chancellors    Sir Thomas More   Lord Hardwicke  Campbell'  Lives     Chief Justices    Lord Holt  Campbell'  Autobiography  Twiss' Life   Lord Eldon Arnould'  Life   Lord Denman  Brown'  Life   Rufus Choate. Third Year ( )  A       ( ) General Jurisprudence  Roman Law  International Law  Germanic Legal History. Something  . III. Our ?  . .          Having   ? Will  ?                 English PROBLEMS OF LEGAL HISTORY. American .  . Only  . Except American Lord Holt   Sir Edward Coke    . Does ? Two        . . An . . We              .  . Perhaps    Justinian   Napoleon . Perhaps                     $  (    Courts    ) lawyers are . opm  . Abolish      Edmund Burke England.  . .  .   . . . . With   .   .              . Through American Bar Association     State Commissions   Uniformity Legislation . BULLETIN OF THE LAW SCHOOL.</text>
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                    <text>l.LBIIT H. GARY, LIBRARY
SERIES I

NUMBER 4

NOR THWE STE RN
UNIVERSITY
EVANSTON-CHICAGO

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED

QUARTERLY BY

NORTHWESTERN

UNIVERSITY

FEBRUARY, 1903

�NORTHWESTERN UNIVERSITY
EVANSTON-CHICAGO

Edmund J. James, A.M., Ph.D., President
Northwestern University consists of eight departments or schools. Four of
these (Law, Medicine, Dentistry, and Pharmacy) are located in or near the center
of the city of Chicago. The other four (College of Liberal Arts, Theology, Music,
and the Academy, are situated in Evanston, the most beautiful suburb of Chicago,
immediately adjoining the city on the north.
The College Campus is located directly on the shore of Lake Michigan about
tbree miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,

Illinois.

I.
THE COLLEGE OF LIBERAL ARTS

COLLEGE CAMPUS, EVANSTON
Offers a four years' course leadi~g to Bachelor 's degree in Languages and Literature (English, French, German, Italian, Spanish, Latin, Greek, Hebrew); Mathematics (college and advanced); Science (Astronomy, Botany, Zoology, Chemistry,
Physics, Mineralogy, Geology); History (ancient, medireval, and modern); Philosophy, Psychology, Pedagogy, Economics and Politics, and Sociology, and other
sub1ects appropriate to a modern college.
Numerous graduate courses are also offered leading to the degree of A.M., and
in a few subjects to that of Ph.D.
Special advantages are offered to the graduates of this college in the professional schools of the University.
For further information, address College ot Liberal Arts, Evanston, Illinois.

II.
MEDICAL SCHOOL
CHICAGO

Offers a four years' course leading to the degree of Doctor of Medicine. The hospital and clinical facilities are especially good. This school was the first in the
United States to take three important steps in Medical education: the enforcement
of the standard of preliminary education, adoption of longer annual courses, and the
graded curriculum.
lt ranks fourth in attendance among University Medical Schools in the United
States.
For further information, address Northwestern University Medical School,
242~ Dearborn Street, Chicago,

III.
LAW SCHOOL
CHICAGO

Offers a three years' course in Law leading to the deg-ree of Bachelor of Laws.
Special facilities are provided for a thorough preparation in the practical as well as
theoretical aspects of the Law. The library is adequate to all the ordinary needs of
the student, including over ten thousand volumes, while the proximity of the
Chicago Law Institute Library provides an additional collection of nearly forty
thousand which the students are at liberty to use. The students come from all parts
of the country, and the courses are arranged with a view to giving them that knowledge of Law which will be indispensable to them wherever they may practice.
For further information, address Northwestern University Law School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

IV.
SCHOOL OF PHARMACY
CHICAGO

Offers courses leading to the deg-ree of Graduate in Pharmacy and that of Pharma·
ceutical Chemist. The course mcludes instruction in general Chemistry, Chemical
Analysis Pharmacy, Botany, Microscopy , Pharmacognosy, Dispensing, and Analytical Pharmaceutical Chemistry, including Drug Assaymg, Bacteriology,.__ and
Sanitary Analysis. It ranks first in attendance among Umversity Schools of rharmacy in this country.
For further information, address Northwestern University School of Pharmacy, Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

�TABLE OF CONTENTS.
I.

II.

NEWS OF THE SCHOOL . . . . . . . • • . . . • • • . • • . • • • • • • . • . . • •

3

LECTURES ON LEGAL TACTICS. • . . . . . . . • . . . . . . . . . . . . . . .

4

THE LAWYER'S METHODS OF ADVERTISING.
FOLLANSBEE . . . . . . . . . . . . . •

III.

THE COLLECTION OF DEBTS

MITCHELL D.

. . • • •• • •• • • . •. • . • • •• •

CARL

R.

LATHAM .••••..••

Entered at the Post-office at Chicago, Ill., as Second-class Matter.

6
19

�I

I

l

�I.

NEWS OF THE SCHOOL.

Founders' Day.-On Wednesday, January 28th, the University
celebrated the fifty-second anniversary of Founders' Day-the
1
day on whic h the Governor of Illinois signed the charter of the
University. The program began with a banquet of the Northwestern University Club of Chicago, at the Auditorium Hotel, on
the preceding Tuesday evening, Dr. Charles M. Stuart presiding.
Among the speakers was Professor Ames of the Harvard Law
School, who recounted the interesting history of the modern
method of legal study introduced by Professor Langdell thirty
years ago. On Wednesday noon, the Board of Trustees entertained at luncheon at the University Club, the president, the deans
of departments, and the four guests of the University who were
to receive honorary degrees. At 3 o'clock on Wednesday afternoon, a ceremony of dedication took place in the Northwestern
University building, now containing the schools of Law, Pharmacy, and Dentistry. Hon. Oliver H . Horton, LL. D., first vicepresident of the Board of Trustees, presided. After an address by
President James on the significance of modern professional education, brief responses of congratulation were made by the guests
representing the faculties of Yale, Harvard, and Michigan Universities, and of Jefferson Medical College.
On Wednesday evening, at the Auditorium Theater, the exercises began with the conferring of honorary degrees of LL. D. and
Sc. D. upon four distinguished guests, selected for their eminent
services to the cause of professional education in law, medicine,
pharmacy, and dentistry. These four were: Jamer Barr Ames,
Dean of the Harvard Law School; William Williams Keen, Professor of Surgery in Jefferson Medical College; Albert B. Prescott,
Dean of the Pharmacy School of the University of Michigan; and
Edward Cameron Kirk, Dean of the Dental School of the University of Pennsylvania. Each recipient of the degree was presented
3

�4

NORTHWESTERN UNIVERSITY.

by the Dean of the appropriate faculty of the University, and each
presentation was preceded by a statement of the reasons for selection. For Professor Ames, this statement was as follows:
"In the name of the Faculty of the School of Law, I present
James Barr Ames, Dean of the Faculty of Law in Harvard University; a tireless and fertile worker in more fields of legal knowledge
than any of his cotemporaries; a pioneer, and a master, in the
study of legal history and in the modern art of legal teaching; an
inspirer of affection_ and scholarly ambition in countless disciples;
the most distinguished living American teacher of law."
After the ceremony of conferring degrees, President Arthur
Twining Hadley of Yale University delivered the address of the
occasion on "The Place of the Professional School in the American
University."

LECTURES ON LEGAL TACTICS.
The present number of the BULLETIN contains verbatim reports
of two addresses delivered during the past winter in the Course
on Legal Tactics. They are selected as good illustrations of the
general purpose and spirit of the course, which is unique (it would
seem) in the history of law-school methods. It was founded
with the object of conserving, for the benefit of young practitioners, the accumulated experience of their predecessors. It
is intended to make available that knowledge which is not to be
found in treatises or recorded precedents, and is yet of the greatest
practical utility. Its topics are all those in which tactics, as disc
tinguished from the principle and letter of the law, play an important part. Its lecturers are selected as specialists, and its
beneficiaries have been not only the advanced students, but
also scores of practitioners who ·have been for some time at the
bar. It is hoped that at the close of the year the addresses may
be published in collected form, under the title "Legal Tactics:
First Series." Some of them are inevitably local in their usefulness, but most of them deal largely with truths and hints of
broad and general utility. The list of topics and lecturers for the
present year is given below; for the ensuing year certain new
topics and different lecturers are expected to be substituted:

�BULLETIN OF THE SCHOOL OF LAW.

5

October 6. The Lawyer's Methods of Advertising-Mitchell D.
Follansbee, Esq. (of the firm of Follansbee &amp; Follansbee).
October 13. Corporation By-Laws-Louis Boisot, Jr. , Esq (author of " By-Laws," and attorney for the Chicago City Railway Company) .
October 27. Personal Injuries-James C. McShane, Esq.
November 3. Special Assessments (B etterment Taxes)-Kenneth
R. Smoot, Esq. (of the firm of Smoot &amp; Eyer).
November 10. D ebt Collections-Carl R. Latham, Esq. (of the
firm of Alden, Latham &amp; Young).
November 17. Trying a Case with Reference to Appeal and Review-Charler B. Eyer, Esq. (of the firm of Smoot &amp; Eyer) .
November 25. Fire Insurance-Thomas Bates, Esq.
December 8. Criminal Practice-A. C. Barnes, Esq. (Assistant
State's Attorney).
December 15. Law Office Organization and Work - M. Lester
Coffeen . Esq . (of the firm of T enney, McConnell, Coffeen &amp;
Harding).
December 22. 'Justice Court Practice-Robert N. Holt, Esq.
(Justice of the Peace) .
January 5. General Taxation-Robert S. Iles, Esq.
January 12. 111ortgage Foreclosures-W. W. Case, Esq.
January 26. Landlord and Tenant- Albert Martin, Esq. (of the
firm of Taylor &amp; Martin).
February 9. Appellate Court Practice-Hon. Oliver H. Horton
(formerly Judge of the Appellate Court).
F ebruary 16. Federal Practice-Charles H. Aldrich, Esq. (formerly
Solicitor-General of the United States).
February 23. Conservators and Guardians-Miss Mary Bartelme
(Public Guardian of Cook County).
March 2. Personal Injuries-Samuel 8. Page, Esq. (Attorney for
the City Railway Company).
March 9. Practice under 11,[unicipal Ordinances-B. Frank Emerich, Esq. (Attorney for the Chicago Board of Health) .
March 16. Suits against Municipal Corporations-Frank Hamlin , Esq. (formerly Assistant Corporation Counsel).
March 23. Probate Court Practice-Lessing Rosenthal, Esq.
March 30 . Practice before Masters in Chancery-William F.
Wiemers, Esq. (Master in Chancery, Circuit Court).
April 6. Acquisition of a Clientage and Management of ClientsThomas Dent, Esq. ( of the firm of Dent &amp; Whitman).
Brief and Argument before the Supreme Court -Merritt Starr, Esq.
Selection and Management of the 'Jury-W. J. Hynes, Esq.
Two addresses on "Organization of Corporations," by Frank 0.
Lowden, Esq., and " Public Records and Clerks' Duties," by W ells
M. Cook, Esq. (Assistant Corporation Counsel), were unavoidably
omitted.

�II. THE LAWYER'S METHODS OF ADVERTISING.'
BY

MITCHELL DAVIS FOLLANSBEE, ESQ.,
OF THE CHICAGO BAR.

In addressing you at the beginning of this course, I feel less
embarrassment than perhaps I should, for I know that /to-night, at
any rate, no comparisons can be made between my address and
those which you will h ear later. I fully appreciate the distinction which your Faculty has shown me. It is different from any
that I knew as an undergraduate; and I feel it none the less because I have been hurriedly called in on a date for which no one
else was rash enough to consider himself prepared. May I say
further, by way of preface, that I shall be glad of any interruptions, and that it will be my pleasure to attempt to answer all
questions which my discourse may provoke. Members of the
bench are the only ones of our profession who feel at home with
respectful attention long continued.
I think it is only fair to myself and to you to add that if I
had the knowledge of my subject which the announcement of this
course suggests, I should not b e h ere. If I knew more than any
one else about effective advertising, I should keep that knowledge
to myself and try to use it in my own business; but this is a subject on which each man has his theories-theories often divorced
from practice, th eories which a re usu.ally of so little value that
the owner is entitled to them, no one desiring to appropriate
them, any more than a man covets the tree which does not bear
fruit. Men cling to their theories, good and bad, through the
shifting years, with the zeal of a false prophet, and a hope that
is never conquered by experience. Failure does not teach the
theorist-it only accentuates his views.
I trust that I am betraying no public secret, nor shall be deemed
guilty of uttering a new aphorism, when I lay down as my first
proposition, that this is the age of advertising. If my statement
seems too broad, come with m e to Paris, and look on the gorgeous
posters to which some of the best artists of France are bringing their finest efforts ; to London, with the signs that cover buses,
embankments, and d ead walls . One does not need to go abroad
to find the tea-merchant making himself famous with a yacht;
the same thing is done here by the chewing-gum man It is the
spirit of the times. The merchant prince puts up a university;
he street-railway magnate, a telescope. Clergymen, when discussing doctrinal subjects, write open letters to their superiors,
which find their way into print before they are r eceived by the
' An address delivered in the course on Legal Tactics, Monday evening, October 6, 1902 .

6

�BULLETIN OF THE SCHOOL OF LAW.

7

persons to whom they are addressed. And even our worthy
President wears a big sombrero of distinctive shape, and in writing or talking puts things in words of one syllable, because he is
apt to confine himself to the first person.
The catch-word of the advertisement of to-day becomes the
shibboleth of the morrow. Obtrusive signs become a part of
us, until on the retina of our mental vision we have clear images
of him who made talcum powder famous and the Senegambian
who delights in broiled ham of a special brand. Trusts outwit
their competitors, not by cutting prices, but by ingenious advertising. Social leaders glory in the strategy and prowess of
their press agents. Banks, once cold and forbidding, assail us
almost daily with artistically printed bids for deposits. Advertising, which according to Worcester is "announcing, publishing, proclaiming, making known publicly, and giving public information," takes the best thought of some of our brainiest men,
and demands a large share of the attention of all of us. The
art, which only dates back to the early part of the seventeenth
century, now has reached a height which none deny, and its use
is one of the marked characteristics of this time. What can a
lawyer do for himself in this age of advertising? What is he
learning ,from the experience of men who walk in other ways?
In these days, when the reward of modesty seems to be taken
away, and the shy, shrinking petunia is at a discount, what is the
lawyer, honorable of mind and trained in study, to do that h e
may attract attention to himself, and thereby obtain sustentation; in other words, what shall be his mode of advertising?
It is not necessary in a company of professional men to lay
stress on the fact that the lawyer has not, by reason of his academic training and high calling which he pursues, yet risen to a
point where he cannot use money. During the years of his study
he has gained expensive tastes, and with them none of the
fondness of the tradesman for petty details of economy. Being
a leader in the state and a pillar in the church, he must dress
and live up to his position. P eople bring to him their tales of
sorrow, and if he has aught of sympathy in him, he must give
freely. He has taste in books, and knowledge how b est and wisest to spend. Some men must work a little harder every day,
that by their industry and efforts they may be permitted to enjoy the results of the thoughtful industry of the lawyer-that
he, in his turn, may live with the dignity and freedom from care
which should be the birthright of the professional man. But
how is h e to find his clients? How are they to find him? In
other words, how is he to proclaim himself as one competent
to p erform legal services?
The lawyer must remember, once and always, that he is a
member of a profession, and that, because he is a member of a
profession, certain things, which would be honorable enough for
the tradesman to do, must not be done. He is the creature of
precedent; he cannot ask for business. He has to live, but he cannot ask the world for a living. That is one of the prices he pays
for belonging to a profession. In what manner should he overcome this obstacle? In a practical age, advice which is not practical is useless, and therefore, from history and tradition, we
must come to an examination of the actual facts at hand.

�8

NORTHWESTERN UNIVERSITY.

The legal directory is the commonest form of legal advertising. The desire of members of the bar to increase their business
has become so well known that all over the country men in their
vigils are planning new schemes and making new excuses for
taking from the lawyer the price of a line, or a card, for an advertisement. There are over four hundred of these legal directories published, and while few are of any value to the practitioner they often succeed in making the publisher happy. This
advertising in the legal directories is all a matter of the last forty
or fifty years, and now one may safely say that there are few
firms in the country whose names do not appear on one list or
another. In the English Law List, which is the official organ
of the bar of that country, are to be seen the cards of Alexander
&amp; Green, Evarts Choate &amp; Beaman, Parsons Shepard &amp; Ogden,
of New York, and several well-lmown firms of this city. In the
Scottish Law List, names of the same class appear. The same
is true of the Irish Law List. The Canadian firms advertise extensively. In Kimes' International Law Directory, a London
publication, are found cards of lawyers from Cape Town, Kimberley, and Pietermaritzburg, to Moscow. B. D. Milonopulu,
of Corfu, in Greece, advertises that he corresponds in English;
Simeon Petases, Avocat, of J erusalem, that his letters will be in
Arabic; while Philip Morton, barrister at law of the Middle Temple, banished to Lahore, in the Punjab District of India, calls
attention to the fact of his proficiency in Persian and Urdu. The
practice of the insertion of a card is so common, so world-wide,
that it no longer attracts any adverse criticism. But the trouble is,
the practice is so common t hat it does not attract much attention.
In any legal directory the names of from ten to one hundred
Chicago firms appear. How is a gentleman of Portland, Oregon, or
Bangkok, Siam, or Wagga Wagga, New South Wales, to tell which
is the best to whom to intrust a small bit of business? The confusion bewilders the client or outside lawyer, and very often he
gives up in despair making a choice, and writes to some friend, or a
bank, or the postmaster, or a hotel. I think it may fairly be said
that practically no one who pays for the insertion of his name
in a legal directory can remember that he ever attracted any
business to himself in that way. This sort of advertising has one
advantage, however; it keeps a .man's name before his friends
in the profession, and when they have an item of business to send
to his town, and take up the legal directory, or the bankers' encyclopredia, or whatever list they use, they are apt to be reminded
of some one they have known by seeing his name, and so send
him business. Omar Khayyam asks:
11

What is it that the vinters buy
That's half so precious as the stuff they sell?"

And in paraphrase of it I would ask:
What is it that the printers bring
That's half so precious as the space they sell?

The trouble with this sort of advertising is, as I have pointed
out, that it is so common. In going over the different publications, one sees again and again the names of some Chicago lawyers,
names that are not familiar, either in the list of new cases brought

�BULLETIN OF THE SCHOOL OF LAW.

9

or in any of the published reports, and he cannot but wonder
how these lawyers who advertise so extensively get hold of the
money to pay printing bills. The great advertisers in this line
are not, as a ntle, the men who prosper. It is always a poor
game to try to attain distinction by means which are generally
known, which involve no originality of thought or special prestige, or anything except the price.
The professional cards inserted in these legal directories and
publications and newspapers would often be amusing if they did
not, in a way, reflect on the whole profession. Some of them
bear the hall-mark of the charlatan; others only resemble the
cry of distress. A man adt&gt;-ertises anonymously that he will
procure a divorce in exchange for a pianola or dentistry; another,
that he will answer three questions of law for a dollar; a third,
that his advice is free. But the disregard of a fundamental
principle of legal dignity is usually, as Pius IX. said of the marriage of a priest, "an act which carries its own punishment with
it." There was a young law firm in New York, two or three years
ago, which said in an advertisement in a legal directory, "We
defy competition." A firm in Salt Lake City advertised in Hubbell's Legal Directory as follows: "vV-e a,·e a godsend to honest
creditors, a holy terror to delinquents. Our motto is, 'The devil
take the hindmost man.' We are dandies on stale claims."
That is almost as bad as the card of a justice of the reace in
Wisconsin: '' If a man is in love, that is his business. If a girl
is in love, that is her business. If they contemplate matrimony,
that is my business. J. B. French, Justice of the Peace and
Attorney at Law. P. S. I always reserve the right to kiss the
bride. T erms liberal. Time given if desired." A prominent
Texas firm has on its letter-head, "Office hours from dawn to
dark." And a colored gentleman in Arkansas advertises as fol lows: "Thomas J efferson Johnson was begat by the Republican party, conceived by the Goddess of Liberty, educated at the
plow handle, emancipated by Abraham Lincoln, baptized by
Charles Sumner, led into the Church by Fred Douglas, brought
up by John A. Logan, taught the articles of faith by Clayton
Powell, once in the Republican party, never out," which proves
beyond doubt that Mr. Johnson should never have been turned
loose. An Ohio lawyer prints on his letter-heads, in red ink of a
most gory hue , " Claims collected in cold blood. " The card of a
Chicago lawyer gives this interesting information: "Depositions
taken before Mary Doe," which would show that Mary must be
a lady of some renown. A lawyer in Metropolis, Illinois, advertises by relegating his professional announcement to a small
space, and devoting the whole of the page to a picture of a big
battleship done in red, white, and blue, under which is the motto,
"Remember the Maine. " A lawyer in Atlanta, Georgia, advertises as follows:
" DID IT EVER OCCUR TO YOU
That Every Man or Woman May Sometimes
Stand In Need Of Some Assistance,
In the Way of Legal Advice or Service?
If You Have Any Interest In Any Estate,
As Administrator, Executor, Guardian, Trustee,
Heir, Legatee, Ward or Creditor,

�NORTHWESTERN UNIVERSITY

IO

Or Any Lost Relative or Missing Heir To Find,
Note Our Account For Collection Or Settlement.
Any Land Claim For Recovery Or Partition
Any Past Due Mortgages To Be Foreclosed,
Any Sort of Liens, Judgments, Or Attachments,
Or Any Affidavits Or De_positions To Be Taken,
Or Wish To Obtain Any Charter For Corporation,
Or Patent, Or Pension, Or Trade Mark,
Or If You Are Defendant In Any Suit In Court,
And Desire To Have A Representative Or Attorney,
To Look After Your Interest Or Recover For You,
Send Or Bring Your Claims, With Correct Names,
And Full Particulars For Prompt Attention,
Do Not Wait.-Delays Are Dangerous.
Be Brief. State Your Business Pointedly.
I Am Very Busy Attending To Other People's Business.
0

D~l
:~r¥S~ I;~r ,s,F~!ko~~~kF!11~~ ·
Call At Office And Confer Personally,
Or Write A Concise Business Letter,
Enclose Stamp For Reply, And Address"-

While a gentleman of Dayton, Ohio, sends out a coupon card
which may be detached, reading as follows:
"TUESDAY AND THURSDAY
QUESTION COUPON
The question is,
will I take ad vice and be
right,
or trust to 1uck and
go wrong
? .
This coupon is good for one consultation
on any subject you want a lawyer's advice. If
sent by mail, inclose IO cents for a reply.
L. D. HELLER,
Attorney-at-Law,
12 and 14 Canby Bldg.,
Dayton, Ohio."

Another is:
"AWAY WITH RATS.
Send one dollar to J . L. S., Attorney
at Law, Spartanburg, S. C., and receive a simple recipe for ridding your
factory of rats and mice. No poisoning nor unpleasant results."

Another card reads:
"Compliments of. ..... . . . .
JAMES KNOX SMITH,
Lawyer and Jail Robber.
Practice in all the Courts of Virginia and West Virginia.
Keystone, McDowell County, West Virginia.
I delight in defending the poor and those whom I believe to be innocent when
my fees are secured. My motto is, 'Quick Collections Upon all Claims and Prompt
Remittance Made in Cold Blood.' The Bible says to prove all things and hold
fast to that which is good . Therefore, Brethren, seek me early as your counsellor, for know ye that even the righteous cannot be saved without an advocate.
The Pioneer of Martinsburg, W. Va., has this to say of Smith :
'James Knox Smith, National Jail Robber, whose portrait speaks for itself.
He is one of the brightest advocates of the Southwest. If there is a horned orator
in West Virginia, it is Smith . He is only to be heard to be appreciated. His
style is a marvel; never taking notes, but thinking out his subjects. He is ex.
tremely fluent and forcible as a debater and stump orator. Strong and impressive
in appearance, his language is the most convincing logic. He is a Virginian by
birth, and a genial, courteous gentleman.' "

�BULLETIN OF THE SCHOOL OF LAW.

I I

The Iowa idea is expressed in this card:
"M. E. PENQUITE,
LAWYER,
Collins,
Iowa.
FARM LOANS AT 5-½ PER CENT.
Also agent for TOMBSTONES and MONUMENTS. See me before you buy."

While in Cleveland, alongside of a picture of a woman with the
right arm raised towards Heaven, almost touching the word
"Free" in large letters, we find the following modest announcement:
"DIVORCES.
DO NOT APPLY FOR A DIVORCE until you have called on us, as we can save
you TIME, TROUBLE, and MONEY . Consult us when in ANY trouble and

it will cost you nothing, and our experience may be of inestin1able value to you.
The very best experienced legal talent . Divorce and accident or injury cases

a specialty.

CONSULTATION FREE and CONFIDENTIAL.
Union Relief Co., 6r8 American Trust Building.
References."
Cleveland, 0.

But this whole matter of advertising is somewhat as General
Hancock once said about the tariff-" a local issue. " In country
towns every lawyer inserts a card in the newspaper published
in the county seat. Of course, nowhere are advertisements
such as I have quoted regarded as dignified or professional, and
they are utterly useless. It is foolish to lose professional standing
if there be no pr mium in it. It is too much like being a journeyman pirate with no share in the swag.
Next, after the advertising for which, of course, the advertiser pays directly, is that indirect form which aims at newspaper
publicity. If a man can, by reason of his prominence, be assured
that each time any question of popular interest arises, a reporter
will hurry to his office or house, and between the puffs of a fin e
Havana cigar, ask the learned counsel his opinion on this or that,
he ought to feel very much gratified. For instance, the subject
of taking physical exercise arises. The reporter visits the eminent
lawyer, who always lets him into the office no matter how many
people are waiting, and we read in the afternoon edition that the
eminent lawyer admits that he takes half an hour's walk each
day, but that if from his immense practice he could possibly take
an hour, it would be of incalculable benefit to him. Or, there
is some question concerning which the friendly r el?orter wants
an expression of opinion, and we read in the mornmg that Mr.
Eminent Counsel was discovered at his palatial home late in the
night, and begged to say that h e had not any clear opinion in the
matter, but he thought there was something in the 27 Patagonia
Reports which covered the point; that at any rate h e would, upon
going down town in the morning, set one hundred office boys at
work briefing the subject, and if the reporter would be good enough
to call half after ten, he would give him the result of that careful
investigation.
There are a good many varieties of this advertising, and each one of you can call to mind some illustration.
As a practical matter it is doubtful whether newspap er notoriety
is potent in building up a good clientage. If it was, there are a
lot of men who would have reached affluence long ago; for many

�12

NORTHWESTERN UNIVERSITY.

men in their time have seen their names in the head-lines, and
their opinions referred to in editorial utterances, but their popularity and prestige seem to have been as ephemeral as the issue
of the paper which exploited them, and their reputations have
been made and lost before a single new client heard anything
about them. That sort of publicity impresses only the man
who does not know how those things are done, and that kind of a
man seldom has any law business worth doing, and the man who
really has law business that is worth doing, does not, as a rule,
care to pay to keep his attorney in the calcium light of publicity.
He recognizes that one living in the public eye is not necessarily
most potent in real work.
The idea of the advertiser is to keep his product before the
people, and the idea of the lawyer who believes in advertising
is to make for himself a name in the community in which he
lives, and to grow until he has reached a certain accepted
personality, either real or assumed, so that he is not referred to
as "a lawyer named Jones," but as "Mr. Jones, the lawyer."
With this idea in view, young lawyers have gone into politics
There are two ways of going in: one, as the active worker
in a limited section of t erritory, such as a precinct, and there
one may grow acquainted with a certain number of plain people,
and if he is patient and a good fellow and they like him, sooner
or later those plain people, or their friends, will need, and must
have , the advice and service of an atton1ey. The other method
is to start in as an orator or spellbinder. The latter method
sometimes leads the young lawyer to retainers in sensational
suits, but there are so many spellbinders in the city, and so many
more coming here all the time from out of town, and so few sensational suits, that oratory is hardly an employment one can count
on. When it comes to office-holding, the lawyer is usually disappointed; and if he does hold office, though his name is before the
people, he does not advance especially in his profession. The
offices are few and the aspirants many, and rewards at best are
scant compared with the industry which is needed. The failure
of the young lawyer who goes into politics to obtain the proper
sort of advertising is due to the fact that he finds himself advertised, not as a lawyer, but as a politician, or that he becomes
knoW11 as one who succeeds so little in law that he has time to
devote to the duties of every right-minded citizen.
Some men hope to become advertised through social connections; but only in the stories written by high-school girls is the
young lawyer retained as he emerges from a conservatory or
enters the box at the opera. The average business man would
rather lend his legal friend one hundred dollars, without any
clear hope of getting it back, than trust him with a ten-dollar
lawsuit. He will do the first thing as a matter of friendship,
but when he does the second it is a matter of business, and the
business man's whole training has taught him that the men who
do the best work are not the men who hav much time for pleasures of the rich. Of course there are xceptions. Sometimes
when a lawyer once gets a start and as an acquaintance, it is
worth while to take a long trip in c pany with a wealthy client,
or with a wealthy man who ma become a client; but this is a
long shot, and always expensiv .

�BULLETIN OF THE SCHOOL OF LAW.
About one lawyer a day plans to increase his acquaintance
by joining a club or lodge, and therefore, whether you join for
golf or billiards, or for fraternal insurance, you are sure to find
the territory overcrowded and overworked, while the whole social
fabric of this city is honeycombed with members of our profession;
and there, again, the men whose business is worth while resent
the insurance agent, and the dentist brings up unpleasant memories,
but of a lawyer, most of all, they are cautious. If they get to
know him well as a man, they respect him too highly to confess
their financial embarrassments or marital infelicities, or moral
delinquencies; and yet they will, without reserve, bring those same
troubles to a lawyer whom they do not know.
I do not for a minute wish to be understood as underestima ting
the advantages of having friends. There are a few m en whose
ability is so commanding, who are intellectually such giants ,
that they compel men to seek their services; but there are only a
few of this class. I heard a banker say the other day that the
self-made man was a myth, and that what was taken for a selfmade man was the man who had made friends and whom thereafter his friends had made. All I mean to do is to point to the
fact that a man's friends are his friends, and not people to be converted into clients. When the lawyer once regards his intimates
or acquaintances in that way, he sooner or later betrays his point
at view, and men who thought themselv'es honored by knowing
him feel themselves victims of a sort of confidence game.
Every lawyer spends much of his time working for people whom
he knows and even when he is not working for people whom he
knows, the fact that he knows them is a great advantage. The
knowledge that a man has certain associates becomes more or less
widespread and he is given a standing thereby, while the m an
who has no capacity for friendships or no capacity to inspire enthusiasm, and leads the life of a hermit or recluse, will seldom
find himself in touch with the business for which his training has
fitted him.
In times past, the church has been a great stepping-stone
towards professional success, and activity in church matters
has brought many men into prominence, while an earnestness
displayed on subjects spiritual has aided lawyers to temporal
things. That has been and still is especially true in small towns,
and it is likewise a fact that in Chicago to-day a stranger can make
acquaintances among respectable people of moderate means
through the influence of a church more quickly than in any other
way. In the old days, however, men chose their lawyers on
church lines. One lawyer was a great Methodist, and in time
came to have the pick of the Methodist clientage. Another was
a good Presbyterian, and one of his rewards on earth was the
accumulation of a remunerative practice among the canny followers of John Calvin. A third was a son of a bishop, and did
a choice Episcopalian business. Still a fourth had his office crowded
with clients who paid weekly homage to the tenets of the Baptist
faith.
No lawyers now stand out as prominently. Whether the
change has come from the fact that no one is as religious as those
men were, or whether the whole body of the bar is leavened by the
spirit of righteousness, may be a subject of speculation to the
ignorant,-but not to us. We still have men on our bench who

�NORTHWESTERN UNIVERSITY.
seem to have a prominence as jurists which they might never
have obtained had they not been faithful in their observance to
religious duties. But many business men nowadays look with
suspicion on a lawyer too closely identified with church work.
They remember certain things that happened in the past, and they
feel a disinclination to employ the adviser who comes to them
too much permeated by the odor of sanctity. This is one of the
unfortunate results of the present point of view and may not be
especially noticeable at the bar; or again, it may be that a client
feels that he must tell things to his lawyer which would shock
a religious man unduly. And there is another trouble with the
advertisements which come from association in denominational
matters, and that is that unfortunately nowadays, with the complexity of life and the many demands upon the time of active
people, the churches do not, as a rule, have as their most active
workers men who shine in the business world, and therefore
even if the advertising is successful in point of t h e number of
clients, it fails in pecuniary rewards.
There is one exception which ought to be made, and that is
that there seems to be no doubt that a man who casts his religious fortunes with some new sect, a sect which by the originality
of its doctrines finds itself apart from the main body of the religious world, a sect the members of which are clannish,-in that
class the lawyer who goes in among them may find his incursion
quite profitable. I do not for a moment wish to set up one
belief against another, or suggest that a man may be less sincere
in his faith than I am in mine, b u t I do say, if any lawyer will,
with an honest mind, become a follower of Dr. Dowie, or of certain other movements, the names of which will be readily suggested to you, he will build up in a short time a comfortable practice. One reason for this is, that there do not seem to be many
men who have had his mental training who can subscribe gracefully to these new doctrines, and therefore, the man who can,
finds himself without much competition and surrounded by peop le who are bound to him by the ties of an unpopular faith, and
respect him for his mental and moral bravery.
There are men who do not try the lines of advertising I have
mentioned, some because they think it undignified, and others
because they think it useless. They claim that a man's standing
in his profession depends upon the esteem in which he is held
by members of the bar where, if he is a worker, he must be best
known. They point to men who have tried these adventitious
aids to circumstance, who have exhausted meretricious trickery,
without ever coming in sight of v ictory. They speak of men who,
in the act of winning, had taken so much of their strength that
t h ey were never able to sustain themselves when the reward
for which they had aimed really came. But even these men
who lay stress on being lawyerlike, and who delight in the esteem
of the bar, knowing that the judgment of the bar on any question
must finally be the judgment of the community at large, have
themselves been guilty of certain efforts for effect.
It was the old idea that a man ought to look like a lawyer.
Fifty years ago young men copied the forehead of Mr. Webster.
Later, especially in this W estern country, rr.en failed to comb
their hair, because Matt Carpenter of Wisconsin did not. Boy

�BULLETIN OF THE SCHOOL OF LAW.

15

orators come to this city every year and think that eccentricities in dress will be mistaken for originality of mind, and that a
fog-horn voice will be accepted as an indication of great force
of thought. It is to be noticed that as they learn the practice
of the upper courts, they get over the eccentricities of dress and
put a soft pedal on their utterances. Like them is the man who
always carries the green bag on the streets, whether he has anything in it or not, because he has heard that Boston lawyers do
that, and the man who always carries a law book on street cars or
suburban trains, because he thinks it will give him a r~putation
as a student. There are other men who succeed quite well because,
through some aphasia, they never talk on any but legal subjects,
and that irrespective of what any particular occasion may demand.
They succeed fairly well, as a n1le, because they impress
every one with the fact that they are lawyers and up even with
the times; and that mere fact helps them. Take a young man
with no striking ability, and let him constantly attend all manner of bar association and legal club meetings. Sooner or later
there will get to be a suspicion among those who see him in such
places that he must be a lawyer, and if they see him there long
enough, they get an idea that he must be a pretty good lawyer,
in the same way that we figure that any old settler must have
something distinctive about him.
There are many assumptions of which the lawyer may be
guilty. His success will depend largely on whether, when he
assumes a role, he can play the part. It should always be remembered, however, that it takes a good man to choose a really
good role. Some of the best men in town have helped themselves by
reading before literary societies papers on quasi-legal subjects,
which are so able in their treatment that they impress laymen
and lawyers alike with the fact that the essayist has a legal mind
and is a man of deep thought. But, again, it takes a good man
to produce such a paper. Other men become so public spirited,
when their practice is dull, that they appear in cases of public
importance in the capacity of amici curim, and they may impress part of the people with the idea that they are wise, and
figure, probably correctly enough, that out of the part they can
get as good a living as they care for. Then there are men who
achieve a reputation for prosperity, knowing that their clients like
to do business with prosperous men, or gain a reputation for success by lecturing to young men about "Qualities that Succeed," or
"From Ploughboy to Ermine," thus seeking to impress-I take itin their discourses that they are telling the stories of their own
lives, and that the fine results set forth as the rewards of right
conduct are only the faint echoes of their own worthy triumphs.
There are lawyers who do not go out of their offices to advertise, and who smile at those who do. It is a trade maxim in a
department store that the most important thing in selling goods
is to get customers into the store, and it is figured that every
customer who _comes into the store will spend just about so much
money; likewise, these men argue that when a man comes into
your office, it is only a question of time when he pays some of his
money for your advice or efforts, and they claim that the money
that is spent for this office advertising meets the best returns.
In the papers and pleadings and letters that they send out they

�16

NORTHWESTERN UNIVERSITY.

affect scrupulous care, and the recipient concludes that the writer
is careful and painstaking and methodical. The office and the
work table are orderly, and this fact argues an orderly mind.
The office stationery is rich but not gaudy, which is a sign of
prosperity long continued, and generally one feels that the appearance of industry accompanies the fact .
The test of the growing and cultivation of the ground is the
harvest that the land yields, and so the test of any mode of advertising is the result accruing to the practitioner. There are
some who demand that this shall come in the coin of the realm;
others who are satisfied with less money and more prestige; and
others still who look at their profession as a sacred trust and regard
a surplus of wealth as idly as does the artist. But as a rule, at
this especial date, labor demands its hire, and if any one wishes to be
moderately successful h e must keep his mind free from dire penury
or petty anxiety, and for the average man the advertising must be
effective. It seems to me the ,whole test of whether advertising is
effective is whether the work of the advertiser is clumsy or artistic,
is coarse or smooth. The man who does coarse work may win
for a week or a year, but he will n ever know the heights of professional success, while the smooth man, who regards these questions
delicately and works quietly and without friction, who dispenses
with the steam calliope as an unnecessary adjunct, finds that
each year his profession is more of a joy, and his acts in the profession better appreciated.
Mr. Walter S. Carter of New York, in some remarks on "Ways
that Win," before the Columbia chapter of the Phi Delta Phi
fraternity, lays downmanyntles. Mr. Carter quotes with approval a
remark that Mr. Charles B. Farwell made to him in r869, when he
(Mr. Carter) removed from Milwaukee to Chicago: "We haven't
much u se down here, Carter, for the bookish lawyer; what we
want is the man who can make things happen. " That seems
to be Mr. Carter's idea of successful practice. "How shall a man
start?" h e asks. " Locate where you have influential friends,
enter some office and learn the practical side, organize a firm
of three, no two of whom should b e alike in politics, religion, or
anything else. R ent good offices, fix them up attractively, have
fine engraved cards, extend your acquaintances by means of
letters of introduction, clubs, societies and organizations of all
sorts, not overlooking dignified advertising." In New York he
would have one partner live in Manhattan , one in Brooklyn,
and one in New Jersey. One should be pre-eminently a business
lawyer,-the rugs should be the finest,-and he goes on to tell
the story of how fame and fortune came his way, and how many
men met fame and fortune through his instructions. His idea is
to make things happen. Mr. Choate (who has had some experience at the bar) looks at things in quite another way. He
has had his measure of success, but does not seem especially concerned about styles in rugs. He does not think that he dignifies his
profession especially by the engraved cards which he uses. He
says: "In the first place, I maintain that in no other occupation
to which men can devote their lives is there a nobler intellectual pursuit or a higher moral standard than inspires and pervades
the ranks of the legal profession. To establish justice, to maintain
the_jights of men, to defend the helpless and oppressed, to sue-

�BULLETIN OF THE SCHOOL OF LAW.
cor the innocent, and to punish the guilty, to aid in the solution
of great questions, legal and constitutional, which are constantly
being evolved from the ever-varying affairs and business of men,
are duties that may well challenge the best powers of men's intellects and the greatest qualities of the business head." I don't,
of course, mean to say that among the 90,000 lawyers which the
census counts in our 70,000 ,0 00 of people there is not much base
alloy. I speak of that great body of able and respected practitioners upon whom rests the responsibility of substantial litigation
and the conduct and guidance of important affairs. You will look
in vain elsewhere for more spotless honor, more absolute devotion,
more patient industry, and more conscientious fidelity than
among these. There is something of a contrast between the people
who are going to "make things happen" and who bring to the
profession the tricks of the market-place, and those who prefer to
practice in a dignified way,-a way which the great leaders of the bar
have known, and the so-called business lawyer can never understand and can never appreciate. And this significant fact remains,
and I think it is the only fact of which we may be perfectly sure,
that the man who does coarse work, and who is guilty of noisy
advertising, whether in the country newspapers , or in the cafe
of the Waldorf-Astoria, will not win enduring success.
The men in this city who, year after year, have the surest and
safest large practice, are men who lead independent lives , whose
home life belongs to them. Their clients are substantial business men of the town, and they also live at home, and have passed
the stage where a woodcut, in the afternoon paper, of the posture
of the advocate catches their fancy. They want a lawyer because
he is a lawyer, and not b ecause he is a clever hand at advertising.
When it comes to advertising, a successful business man can
teach any lawyer a number of tricks. From time to time ·some
trial reported in the n ewspapers attracts the attention of every
one, and the young practitioner is asked by the barber who
serves him whether a certain man is not the best lawver in
town. The barbers and men in their station of life make up
their minds easily, and usually on insufficient information. They
reflect the average opinion of that part of the public to which
litigation and ownership are unknown d elights-a public never
profitable. The clients who really help are the men who are
strong and steady. These men will not be d eceived by advertising. They will be attracted to courteous gentlemen of
graceful address, engaging p ersonality, and habits of hard work,
and little by little they will show their appreciation in practical
ways. If the man whom they know is workmanlike, they will
hear of that fact sooner or later. If he wins a difficult case, the
news will get to them, even if the young man is guilty of spreading it. If he draws contracts and wills cleverly and smoothly
and accurately, knowledge of that fact will also get about. In
time the lawyer will find that his clients are so many enthusiasts.
They are so sure of his ability and his superiority that they are
forever sounding his praises ; so proud of his services, and the results
those services have obtained, that each makes an especial effort
to send new clients to the office, until the lawyer is beyond the
need of any advertising with which he is concerned. He finds
himself sitting quietly and modestly while his name is mentioned

�NORTHWESTERN UNIVERSITY.
at bank boards and around the fireside as one who, by inheritance and training, is honest, thoughtful, and quiet, and by industry has become strong. The monument of such a man
will not be a few envelopes of press clippings, or packages of ballots never voted, or programs of Chautauqua Assemblies. It
will be found in the reported decisions of cases in which he was
victorious; in accurately drawn conveyances which have stood
the test of years; and in the esteem in which he is h eld by families
of quiet, God-fearing people, who have learned from him to place
the help and friendship of the lawyer only slightly below that of
the priest.

!
'

�III.

THE COLLECTION OF DEBTS.*
BY

CARL RAY LATHAM, ESQ.,
OF THE CHICAGO BAR.

When I was in college and in the law school, I was often impressed with the idea that each professor thought the particular
subject he taught was the most important one in the whole curriculum; and you may get the impression that I think the subject
under discussion this evening is the most essential one in the
whole realm of jurisprudence. I do not make any such claim,
but I do want to emph asize the importance of the general subject
of debt collections, and in particular, its importance to young
lawyers. Many of you may be inclined to question this, and
may have heard older practitioners say that collection business is
the "bob-tail and tag end" of a law practice; that collections
constitute the poorest and lowest grade of legal business. I
have no quarrel with any such statements. To a large extent they
are true; but the fact remains that the first individual business
nine out of ten young lawyers get is collections. This is not said
to discourage anyone, for in fact there is nothing discouraging
about it. Nearly every successful lawyer will tell you that his
practice has grown to be what it is through a long period of gradual
change. It is frequent, indeed, that the most profitable years
of a lawyer's life come after he is sixty years old. In fact, in the
legal profession, less than in almost any other is the old man a
drug on the market. After a lawyer' has once thoroughly established his practice, he can usually tum over collections to assistants, and devote his time to matters involving larger interests.
I desire to take up to-night first the collection of small claims;
that is, claims amounting to less than $200, which are therefore
(in this State) within the jurisdiction of a justice of the feace .
This is a part of the practice that is usually given little, i any,
consideration. Even if a lawyer never has occasion to attend
to the making of small collections himself, he should still give
this subject careful consideration, so that he may be able to give
intelligent instructions to others working under his direction.
But the young lawyer who never has occasion to make small
collections is an exception indeed. Clients are sometimes rash;
but they seldom intrust large interests or important litigation
of any kind to young men immediately upon their admission to the
bar. If on leaving the law school a young lawyer enters some established office, as nearly all young men do at present (and I
may add, I believe this is the only course for a young man to
ber

* An address delivered in the course on Legal Tactics, Monday evening, Novem10 . 1902.

19

�20

NORTHWESTERN UNIVERSITY.

take, at least in a large city), he will get a great deal of valuable
experience in a short time, provided he is fortunate enough to
get into an active office. Within a short time he may have an
opportunity to assist in some matters of large importance; but,
I repeat, nearly all his early personal practice-the practice he
will acquire from his own first clients-will deal with collections.
And if he is going to impress these first clients-if he is going to
build up a clientage and succeed-he must give these first collections his most careful and painstaking attention. The intelligent and successful handling of a small collection has secured
many a valuable client.
In the practical handling of collections it is at once apparent
that no set rules of procedure can be laid down. There is an
infinite variety of circumstances, to say nothing of the diversity
of debtors, and it requires no mean judge of human nature to
handle to advantage the various kinds and conditions of debtors.
The best way to reach one man may be the worst possible way of
approaching another. The most obvious subdivision of this
topic of small collections is into accounts the correctness of which
is admitted, and those which are in dispute. It is much more
practicable to lay down fixed rules for handling the first class
than the second class.
In all collection practice the three points to keep in mind are:
first, succeed-collect the account; second, be prompt-make the
collection as quickly as possible; the third consideration is economy;
-that is, get the money, get it expeditiously, and at the same
time get it with the least possible expenditure of money, time,
and effort.
This last consideration, that is, economy, is particularly important in the collection of comparatively small accounts. There
is a limit to the amount of time and effort an attorney can afford
to spend on them. Much as I appreciate and admire diligence
and hard work, I think it is a mistake for an attorney, even if he
is young, to do much dunning. Careful and painstaking attention
does not consist in spending one's time in doing something useless.
The proper course to pursue with a small claim is to present it,
and if the debtor will not pay at once, get a promise of payment
at as early a date as possible, and at the time of the first interview
determine as best you can, whether a judgment for the amount
of your claim can be collected from the debtor If he does not
pay the claim on presentation and also fails to keep his promise
of payment, ordinarily advise your client at once to sue, or advise
him that the claim is uncollectible, or at least uncollectible without
suit, and inform him whether you b elieve that the prospects of
collection justify the expense of taking legal proceedings. If the
claim could have been collected by persistent dunning, you will
in almost every case get it by suit and get it much more speedily;
and quick results are what please clients. The impression made
on a client by collecting an account in comparatively a few days
is far different from that made by collecting the same account
after several months' delay. It is a great mistake to allow worthless business to accumulate in a lawyer's office. A lawyer will
get better results and give infinitely better satisfaction to his
client by disposing of small claims one way or the other promptly
after he receives them. I remember on one occasion having my

�BULLETIN OF THE SCHOOL OF LAW.

21

attention called to a small account, something like $50, which
had been in the hands of a collection agency, and according to
the memorandum in the files with the claim, it appeared that
twenty-six trips had been made by collectors to see the debtor,
and that not one dollar had been collected.
It must also be considered that there are a large number of
debtors who are impervious to dunning. Many will pay when sued
who would not otherwise pay at all, although they have no property out of which an execution could be made. You will find
that there are a good many debtors who think there is something
magical about a judgment-that it effectually extracts the money
in some mysterious way-and with such people the fear of a judgment is more efficacious than the judgment itself. You will find
on a good many occasions that after suit is started, the debtor
will come around to settle with you and will offer to pay in instalments. In a great many cases, the pressure of keeping a suit
pending will bring better results than the taking of a judgment
and issuance of an execution. After an execution is in fact issued,
the debtor, where he has no property above his exemptions, frequently finds that a judgment is not such a serious matter after
all. It always seems to me a mistake to educate this class; for
it is a wholesome thing for a man to pay his honest debts, even
if the money does come hard.
The actual expense of starting a suit in a justice court , where
the debtor can be served with process in the central or downtown district, is only $2, that is Sr .oo for the justice and $r.oo
for the constable. Now a lawyer's time is his capital, and he
cannot afford to make many trips to see a small d ebtor to save
the $2 .oo required to start suit. True, you frequently hear the
statement that the only way to get money from certain people
is to coax it out of them . I, however, b elieve very little in the
coaxing method. At least, I do not think it is a profitable method
for the lawyer. A man who will pay solely as a result of coaxing
and who could not be forced to pay, will never pay much.
In practice one also frequently meets with the debtor who
says that he will pay if given time; that he cannot pay anything
then, but has the best of hope that he will be able to do so sometime,
but that if you begin suit or take any steps to force collection he
will never pay a cent. There may be debtors of this class who intend to be and in fact would be true to their word, but I believe
in suing them at once. Ordinarily these are the first ones to come
and make some settlement when sued. The very proposition
that a man will pay an honest debt if given his own time and
way in every particular, but will not pay if his creditor makes
any suggestion of the time or manner of payment, shows that
the person making it is either morally or mentally defective, and
in either case coercive measures are usually the most effective.
A claim for an admitted indebtedness which has been twice presented by a lawyer without avail, and on which it is not worth incurring the expense of a suit in a justice court, should certainly be returned as uncollectible. Nothing (except success) pleases clients
so much as quick action and a speedy disposition of their business.
Some clients, it is true, expect an attorney to investigate and
find out whether a judgment can be collected, before they are
willing to incur any expense on a claim. But it is poor economy

�22

NORTHWESTERN UNIVERSITY.

to spend ten or twenty dollars' worth of time in trying to find
out whether a debtor is execution-proof or not, when it would
cost less than half that amount to reduce the claim to judgment,
have an execution issued, and find out whether the debtor in fact
has any property over and above his exemptions.
It is very frequent, in the collection of claims of this class,
(that is, undisputed claims), that a debtor will want to pay in instalments. There is no objection to allowing this, unless you believe that the debtor is &lt;).bout to fail or depart for regions unknownthat is, of course, on the supposition that the instalments are to
be sufficient in amount and paid frequently enough to pay up the
entire claim within a comparatively short time. But if a debtor
wants to p ay in instalments, let him do the running about. If
you begin to run after him, the probabilities are that you will
run for some time. Whenever a debtor fails to pay, advise him
that he must make a payment by such and such a date, or you
will sue. Naming a certain day at that stage of proceedings is
much more forceful and effective than indefinite expressions that
a payment must be made within a few days, or that you must insist on the debtor giving the claim prompt attention. If the
payment is not made on the day named, carry out the threat, and
sue.
Turning now to the collection of accounts where the existence
of any indebtedness, or at least a part of the amount claimed, is in
controversy, it is at once apparent that no d efinite general line of
action can be laid down, and there is accordingly much more
necessity for the exercise of judgment in each individual case.
It is safe to say, however, that it is always best to put yourself
on a p leasant footing with the debtor if possible. There may be
feeling between your client and the debtor-in fact, in this class
of cases there frequently is, but let the debtor understand that
there is no reason for any quarrel with you. Eliminate personal
feeling as much as possible. Not infrequently your client may
be partly in the wrong, and it may do no harm on some occasions
to confidentially admit to a debtor that your client is something
of a crank, but that there is no question about the debtor's liability, and that the best, easiest, and cheapest thing for him to do
is to pay the claim. I do not commend this as a general practice,
but I mention it to illustrate how far on occasions it may be advisable to go to overcome the natural tendencies of some debtors
to be unfriendly to attorneys presenting claims against them.
At the first interview with a debtor, get some proposition from
him, if possible. Then you have something to work upon. While
it is a good thing always to be affable, it is best at the outset to
let the debtor understand that you are in earnest. Always be
firm and decisive. You can be that, and at the same time be on
a pleasant footing. Never let a debtor see you hesitate, or see
that you are in doubt on any proposition. There is only one of
three positions for a lawyer to take when an offer of settlement
is made to him; he will accept it, or he will not, or he will submit
the proposition to his client. The last is the refuge taken when
in doubt, but a shrewd debtor will always interpret an offer to
submit a proposition to a client as meaning that he is getting
close to what would be accepted. It is frequently a difficult matter to know just what is the best position to take. While it is

�BULLETIN OF THE SCHOOL OF LAW.

23

not desirable to let a debtor see any signs of weakness on the
part of the creditor or his attorney, it is unwise to cut off negotiations when one believes the debtor has made a proposition
which the creditor would rather accept than commence or continue litigation. When a settlement is offered which the attorney feels that he could not recommend, it is best, in my opinion,
to refuse it at once and unconditionally; but in other cases, although
you may make light of the offer, it is best not to cut off all avenues
of retreat. Negotiations can usually be reopened after they have
been broken off; but it is obviously not a dignified position for
the lawyer when he turns about and accepts an offer which he
flatly refused, a day or two before, to submit to his client. Be
as decisive as possible, but do not reject absolutely any proposition
which you believe there is a reasonable chance that your client
would accept. Remember that in the great majority of cases
a good settlement is a much better thing for your client than
litigation.
Right here let me suggest that the successful handling of
claims frequently impresses favorably the debtor who is forced
to pay. He will often tum around and employ the attorney who
successfully prosecuted a suit against him, or forced him to make
a good settlement for the other party. I remember an experience
of this kind. I went to a small city not far from Chicago to present a claim somewhere between $1,500 and $2,000 . The claim
was evidenced by notes and the debtor was apparently doing a
large business. When the notes were presented, the debtor flatly
refused to do anything. He stated that the notes were the end of a
series that had been given, and that the clients I represented
had made thousands of dollars out of him, and that all he had
asked was an extension of sixty or ninety days, and it was unreasonable for them not to grant it. I endeavored to conciliate
him by suggesting that even if my clients' course was unreasonable
he would gain nothing by refusing a settlement; that he probably
did not want a suit begun against him and reported through all
the commercial agencies, and that, in addition, he would be incurring a useless expense in defending the suit, as there was no question about his liability. He admitted it was foolish, but said it
was just as foolish for the people I represented to force matters,
and he had decided he could and would be just as arbitrary as
they. I then said that if he wouldn't make any settlement the
only recourse for me was to begin suit. He replied that he expected that was what we would do, but that the next term of
court in that county would not be held for about two months,
and that that was all the time he had asked to have the notes
extended, and that incidentally he thought he would have no
difficulty in getting the case passed for the first term. I.suggested
that we would not content ourselves in starting a plain assumpsit
suit, but would take measures, if forced to litigate, which would
bring a settlement promptly. The debtor was not a man who
was easily alarmed; he suggested that if I had any method of
making collections so promptly, it was worth his while to watch
me go on and find out the way, but that if we had any idea of
starting attachment proceedings we should better consider the
matter carefully, as we might possibly burn our own fingers. It
was evident that nothing could be gained by _further discussion

�NORTHWESTERN UNIVERSITY.
along this line, and I turned to other matters, and in the course
of the conversation inquired about the facilities for getting back
and forth to Chicago. The debtor stated he came to Chicago
once or twice every week, and in reply to my suggestion that the
trains did not run very conveniently , stated he usually took a
certain train going and a certain train returning, which gave him
considerable time in Chicago, and that he always made it a practi·c e
to go in on Tuesd ays . A little later I again took up the question
of settlement, along conciliatory lines, and finally induced the
d ebtor to give me a check for one-third of the account, the balance
in two notes of equal amount, one due in thirty days, and one in
sixty days. As I knew there was considerable feeling on the part
of my clients, I told the debtor that I would not consummate this
settlement with him, but if he would give me the notes and check,
would recommend their acceptance by my clients, and if not
accepted, would return them to him. I then came back to Chicago and submitted the proposed settlement to my clients; to
my surprise it was refu sed; whereupon I returned the check and
notes to the debtor. On the following Tuesday morning I met
the train on which the debtor had stated he usually came to Chicago; in my company was a deputy sheriff with a summons. The
debtor showed considerable feeling on being served with process,
but still made no further offer to settle. The case was immediately
put at i~sue, plciced on the short cause calendar, and in considerably
less than sixty days my clients recovered a judgment and collected
its amount. Several months later, as I was stepping out of the
elevator in our building, I met this same d ebtor, who requested
rn.e to enter the elevator again, as he wished to consult mi&gt;. Nothing was said until we reached my office, when he said, " I just met
on the street a man from Sioux City, Iowa, who owes me some
money, and as you are the meanest man I know, I want you to
collect my claim for me if you can." And thus my old antagonist
h ad become a new client.
The rest of this story has no particular b earing on the subject
Vie are now considering; yet it may be of interest to you as showing
the expedients that sometimes have to be taken to realize upon
claims against non-resident d ebto rs. My new client explained
to me that he had seen his Iowa debtor walking down the street
with another p erson whom he (the creditor) knew, and that his
debtor had not seen him. He also gave me the name of the hotel
at which the d ebtor usually stayed, and said that, as he was going
that way, he would stop and examine the register and see if he
was staying there on this occasion. I told him I would immediately b egin suit and have a summons issued and an assistant
in my office appoint&lt;::d to s;;rve the writ. I did this at once, and
the assista.nt later reported that he h ad called at the office of the
person with whom the d&lt;::btor had been seen, and when he had
inquired for the d ebtor was m et with a blank expression and the
answer, "Mr. X, of Sioux City? I know Mr. X, and when he is
in Chicago he u sually calls at my office, but I have not seen him
to-day. Leave your name, and if he comes in, I will have him
call you up." When asked if he had not been to lunch with
Mr. X that day, he replied he had not, and then named another
person as the one with whom h e lunched. The process-server
was thoroughly disarmed, and when I was later informed that

�BULLETIN OF THE SCHOOL OF LAW.

25

Mr. X was not registered at his usual hotel, I thought my new
client must have been mistaken about seeing him on the street;
when he called me up to inquire what had resulted, I made this
suggestion to him. He, however, was positive that he was not
mistaken, and inquired what further could be done . I told him
that the only thing further I could suggest was to make a search
of all the registers of the downtown hotels . He instructed me
to have this done. I also telegraphed to attorneys in Sioux City
inquiring if Mr. X was in Chicago, and if so, at what hotel he was
expected to stay. I did not receive a reply until the next morning,
when the young man who had been appointed as process-server,
reported that he had examined all the registers of the downtown
hotels and had failed to find any trace of Mr. X. The telegram
received from Sioux City, however, stated that Mr. X was in
Chicago and that he usually stayed at the Leland Hotel. The
register of that hotel had been examined but Mr. X's name did
not appear. The deputy went there again and made a further
examination, but found that the name was still not on the register.
He then inquired of the clerk if Mr. X was in; the clerk looked at
him a moment and asked, "Are you Mr. Y of Indianapolis?"
When answered in the affirmative, he said, "Mr. X said, if you
called, to take a seat and wait a few minutes and he would be
back shortly." The process-server did as h e was told and in a
short time was rewarded for his patience by Mr. X's appearance
and the opportunity of serving the summons.
A few further hints about non-resident debtors are here appropriate. It is frequently of the greatest advantage to get service
on a non-resident debtor while he is temporarily at the residence
of his creditor. It is much more convenient for a creditor to try
a case at the place where his business is carried on, as all the evidence is usually there and the expense of litigation is a great deal
lessened, while it is correspondingly much more inconvenient
and expensive for the debtor. Where an attorney from a distance
goes to see a debtor, he is usually in a better position to force a
settlement than a local attorney. In the first place, he is not
embarrassed by any personal acquaintance with the debtor, and
in addition, the debtor knows he is there for the purpose of adjusting matters, and that whatever is going to be done must be
done quickly, and it is much easier for the outside attorney than
for the local man to avoid being put off. If, however, a settlement
cannot be made and you are forced to institute suit, a local attorney has a great advantage over an attorney from a distance who
comes in specially to try the case. The local attorney will probably
know every man on the jury and just what will appeal to each one;
he will also know all of the witnesses for the defendant, and just how
far he can go in attacking them. An attorney from a distance
is in an entirely different position. He may be afraid to attack
the veracity of some witness whom no man on the jury would believe, and he may charge another witness with failing to tell the
truth whom every man on the jury has known for years to be absolutely reliable.
Sometimes it is advisable to begin suit before the other side
does. It not infrequently happens that a client comes to an attorney and advises him that some one is threatening to sue him on an
account, and that as a matter of fact he owes the amount claimed

�20

NORTHWESTERN UNIVERSITY.

by the other party, but that he has some unadjusted claim as a
set-off. In such a case, after going over the facts , if it is apparent
that no adjustment can be made, it frequently is best to have
your client begin suit himself. By so doing he can select his own
forum, and in justice courts this is frequently a decided advantage.
In addition, your client will usually get the benefit of the opening
and closing argument to the jury and in some cases this is an important consideration. In addition to all this, the very fact that
your client is the one that has come into court as the man who is
aggrieved has frequently an effect on a jury; they are apt to feel
that if the defendant really was entitled to anything he would
have taken matters into his own hands and begun suit himself.
In the handling of large accounts (and by that I mean accounts
which amount to more than $200, and are, therefore, beyond the
jurisdiction of a justice of the peace) more complicated questions
are frequently presented, and much more judgment is required.
The two principal considerations which should determine an
attorney's course of action are first, whether or not the claim is
disputed; second, the financial condition of the debtor-whether
or not he is solvent, and if solvent, whether there is any immediate
danger of his failing and becoming insolvent.
If the claim is undisputed, the same course of action should
be followed that has been outlined for small undisputed claims,
with the additional suggestion that usually where a large claim,
the correctness of which is admitted, is placed in the hands of an
attorney, the debtor is in a bad way financially, and it is frequently much wiser to get some security, or to collect the claim
in installments, than to begin suit. The starting of a suit on claims
in a court of record is a much more serious matter than the starting
of suit in a justice court. Where a debtor is in a critical condition
financially, the bringing of a suit is frequently the worst possible
step that can be taken, for all suits in courts of record are reported
by commercial [agencies such as Dun's and Bradstreet's, and
the bringing of a suit will attract the attention of other creditors
and have a decided tendency to induce them to push their claims,
and this will in many instances precipitate the bankruptcy of the
debtor.
Another objection is the length of time that may be required.
If no defense is interposed, a judgment can ordinarily be obtained
in a month's time. But, unless a debtor is entirely insolvent, the
bringing of a suit is very apt to remind him that h e has a number
of defenses. Not infrequently his recollection will be so far revived that he will turn round and file a set-off, claiming that his
creditor is in fact indebted on a balance to him.
Unless a case
can be tried on the short-cause calendar it may be two or three
years before it will be reached on the regular call in this county.
If, however, a debtor will not pay anything on an admitted
claim, or fails to keep a promise of payment, litigation is the only
recourse, and suit should be begun as soon as it is apparent that
the account cannot be collected without it. Delay here is dangerous, the chances being, in such circumstances, that the debtor
is getting into a worse condition every day. Quick action is
always an important consideration.
Turning now to claims that are not admitted, the consideration that will most affect a lawyer's course of action is the finan-

�BULLETIN OF THE SCHOOL OF LAW.

27

cial condition of the debtor. The next factor is whether the claim
is simply:not admitted, or whether there is in fact a bona fide controversy between the parties. In actual practice you will find
there is a very marked difference between the two. Frequently
in the trial of a case the most difficult facts to prove are matters
about which there is no actual controversy between ·the parties,
and for this r eason in claims of indebtedness not admitted, it is
wise to get the claims admitted in some fashion if possible, or at least
get some evidence in the line of admissions that w ill make your
proof simple in the event that a lawsuit becomes necessary. Always keep in mind the possibility of a trial, and do not overlook
any opportunity to get something that will help you. After
suit is b egun the debtor will deny everything, and there will be
no chance of getting any evidence from him.
Ordinarily claims not admitted but yet not actually disputed
are against debtors who a re at least h ard up, and the element
of time is important. If the debtor is unquestionably good, and
refuses payment purely from meanness, or for the purpose of securing some concessions, you can afford to be quite independent with
him. But in all cases, with the possible exception of small claims ,
avoid suit if possible. It is usually cheaper, and more satisfactory
to clients, in the long run, to make some concession rather than to
litigate. In collection practice, as well as in oth er controversies, it
should b e the aim of the lawyer to keep his clients out of litigation rather than to bring them into it.
Generally speaking, the taking of a promissory note, due
sometime in the future , is no improvement over an open account which
is past due, for the account is matured and you can bring action
on it at any time; while, if the account is once merged in a note,
you will not be able to take any legal proceedings until after the
maturity of the note. I mention this ·because I remember that
once, before I was admitted to the bar, I presented a claim and
the debtor said h e could not pay anything. I insisted on his doing
something, and h e offered to give m e a note and I agreed to see
if it would be accep ted. It was not accepted, however, as the
attorney for whom I was acting showed m e that the note would
h ere be no better than the account. There are, it is true, a number
of debtors who will pay a note promptly and yet will keep putting
off the payment of an open account. But the securing of notes in
such instances is an expedient to be employed by creditors themselves rather than by a lawyer; for ordinarily, debtors who would
pay because they had given a note would pay at once upon finding
a claim against them in the hands of an attorney. Still, there are
cases where the taking of an unsecured promissory note is the best
thing that can be done. Where the account is one which cannot
be r eadily proved, a great deal of time may be saved by taking
a note, even if it will not mature for several months.
As b efore suggested, it is frequently most difficult to prove
facts over which there is in reality no contention. As an illustration, take an account for goods sold and delivered, where there
have been a number of transactions between the parties. It is
one of the most difficult claims to prove. You require as witnesses
the salesmen who n egotiated the various contracts of sale and the
men who made the various deliveries; and if the plaintiff represents a business employing a large number of men, it is almost

�28

NORTHWESTERN UNIVERSITY.

impossible to furnish all of the required proof. The various
salesmen and the men who made the deliveries may have no
independent recollection of the various transactions. In handling
claims of this class it is frequently all important to get some admissions from the debtor which will render the claim an account
stated, or get some statement from him as to just what he claims
to be wrong in the account. An attorney in handling claims
should always bear in mind this matter of evidence before legal
proceedings are started, for, as before suggested, after suit is once
commenced it is too late to accomplish anything along this line.
The object in endeavoring to get as much evidence as possible
in this class of claims from the debtor is not only to save the trouble, time, and expense of securing the attendance of a large number
of witnesses, and in some cases of enabling yourself to prove a
claim that could not otherwise be proved at all, but very frequently
the getting of such evidence will make it possible to try a case
promptly on the short-cause calendar which could not otherwise be
tried before a year or two. This calendar has been the means of the
collection of many claims that otherwise would h ave been lost.
Many a debtor has paid a claim that he would have allowed to go to
suit if he had felt that he could gain two or three years' time thereby. Cases that are at all complicated cannot be tried on this
calendar, and even in the simplest cases it is highly essential to
have the evidence in the best possible shape, for if the defendant' s
attorney is at all inclined to employ dilatory tactics, it is impossible
to get very far in an hour's time. Where there are several items
to an account for goods sold and delivered, it is impossible to try
a suit for it on the short-cause calendar, unless sufficient evidence
is at hand to prove an account stated, or unless admissions have
been secured from the debtor that the account is right with certain
exceptions, which thus materially n a rrow the issu es .
In order to prove an account stated, it is not necessary to have
testimony that the parties formally came together and went
over their accounts and agreed upon a certain amount. The law is
well settled that where there have been dealings between two persons, and bills and statements have been sent by the creditor to
the debtor from time to time, and these were not questioned or
objected to within a reasonable time, the receipt of such bills
and statements constitutes evidence of an account stated. Frequently it is possible to make out a prima facie case simply by
evidence of this kind, though it would take hours to prove the
sale and delivery of the various items. In cases where the d efendant has no r eal defense, but is merely relying on the difficulty
which the plaintiff will have to make out a case, this is all that is
required.
Where a claim is of considerable amount, and you realize
that the debtor cannot pay it all at once, the thing to do is to get
the account secured in some way. The course to pursue in such
cases is at present entirely different from what it was before the
enactment of the recent Federal bankruptcy law. Formerly an
insolvent debtor had the right to prefer one or more of his creditors.
This, however, has now all been changed, and the efficacy of preferences has practically ceased. Before the bankruptcy act, the
three kinds of securities sought were usually judgment notes,
mortgages, or indorsements by some third party. A judgment

�BULLETIN OF THE SCHOOL OF LAW.

29

note is not, properly speaking, a security, as it gives no lien on
any property, nor does it give any cause of action against any one
besides the debtor. It was valuable to a creditor, however, as
he could have judgment entered on it at any time, whether the
note had matured or not, and in this way could immediately levy
on any property of the debtor. Giving judgment notes was a favorite way of preferring creditors, and frequently the principal creditor
of a debtor would demand judgment notes as a prerequisite to
continuing to extend credit. The creditor having a judgment
note was in a position to have a judgment entered immediately
if any other creditor begun. proceedings. But a judgment note,
while it gave protection against other creditors, did not give
much security against the acts of the debtor himself. He could
sell out, mortgage his property, give other judgment notes, or
make a voluntary assignment for the benefit of his creditors; in
any of which events the judgment note was of little or no avail.
A mortgage, however, gave a creditor a lien on the property
covered thereby, and besides gave him protection against both the
debtor and other creditors from the time it was recovered. A
chattel mortgage, though, on a stock of goods kept for sale, is
invalid in this state against creditors until actual possession of
the goods is taken by the mortgagee; and a debtor who has any
credit to speak of which he cares to maintain will never give a
chattel mortgage. A mortgage on real estate is different and is
always a good thing to get, if the property covered thereby is
valuable and there are no prior encumbrances. But debtors in
failing circumstances are seldom in a position to give such security.
Chattel mortgages, before the bankruptcy act went into effect,
were frequently used to prefer particular creditors. A debtor
in failing circumstances would frequently give a judgment note to a
large creditor for the purpose of having judgment entered immediately and a levy made on all his tangible property. In the same
way a chattel mortgage would be given and never be recorded,
but the mortgagee would take immediate possession. Some of
you will doubtless remember the failure of the "Leader," a dry
goods store on State Street, owned by Demberg, Glick &amp; Homer.
On the 3d of July, 1894 or 1895, business was going on in the
store apparently the same as usual. That night the mortgagee
took possession of everything in the store under a mortgage executed that day. That year, the 5th of July (as I recollect) was
Sunday, and by Monday morning everything had been cleared
out of the store. For years Demberg, Glick &amp; Homer were the
most sued men in Chicago; judgment after judgment was entered
against them, but no one except the mortgagee ever recovered a
dollar.
Notes guaranteed by some responsible third party are a desirable form of security; the great difficulty, however, is to obtain
them, for ordinarily third parties have troubles enough of their
own without assuming those of others.
Since the Federal bankruptcy act went into effect judgment
notes and chattel mortgages are largely things of the past. Under
the provisions of that act all levies, judgments, attachments, or
other liens obtained through legal proceedings against a person
who is insolvent, within four months prior to the time of filing a
petition in bankruptcy by or against him, are deemed null and

�NORTHWESTERN UNIVERSITY.
void in case he is afterwards adjudged a bankrupt, and all chattel
mortgages which are filed for record within the last four months
prior to the filing of a petition in bankruptcy by or against a
debtor are also made invalid if the debtor is adjudged a bankrupt,
unless the mortgage or security is given for a present consideration;
and in cases where the security is given for both a present and past
consideration, it will be sustained only to the amount of the present consideration. Moreover, payments made by a debtor, within
four months prior to the filing of a petition in bankruptcy for or
against him, can be recovered from the creditor receiving the same,
if the debtor was insolvent at the tin,e the payments were made
and the creditor knew of the insolvency and knew the payments
were intended as a preference.
The lawyer representing diligent creditors is greatly handicapped by the provisions of the bankruptcy act. No aggressive
action that h e can take is apt to avail his client. Debtors realize
this, and not infrequently threaten to take bankruptcy proceedings
themselves if they are crowded to the wall. Although there
are now fewer opportunities open to an attorney to realize on
a claim against a debtor who is in a bad way financially, there
is all the more necessity for exercising good judgment in proceeding along the lines still left open. Judgment notes and chattel
mortgages, as we have seen, are of little avail. Indorsements
of responsible parties are excellent, but in most cases impossible
to get. In other words, accounts for a past consideration against
a failing debtor cannot now, except in rare instances, be realized
by independent action of individual creditors. The only recourse
is to get payments in some way. Refrain from suit as long as
there is a reasonable prospect of collection without suit; but
where the debtor fails to make payments promptly, let him know
that you are going to start suit, and then, if the money is not
forthcoming, the only thing to do is to proceed to sue. After
you have failed to make good your threat to sue you cannot thereafter put much pressure on him , and there is nothing to induce
one to b elieve that a debtor will k eep future promises when he
has failed to keep past ones.
In a case where a debtor will plainly not pay and it is apparent
that he is insolvent, or that his condition is getting worse rather
than better, the best course is to file a petition to have him adjudged a bankrupt. It is useless to sue individually in cases
where there is every reason to believe that bankruptcy proceedings will intervene before a judgment can be secured and realized
upon. But just when it is time to abandon persuasive measures,
and how to choose between an ordinary suit and bankruptcy proceedings, are not always simple questions. Still, when it is apparent
that nothing further can be accomplished by conciliatory methods,
nothing can be gained by delay.
Before the enactment of the bankruptcy law an attorney
handling commercial matters was frequently put in an exceptionally
embarrassing position where he had claims against a d ebtor in
failing circumstances who was unfriendly to his client and would
do nothing to secure the d ebt. In such cases it was frequently a
question of either attaching the goods or losing the claim. If he
attached, it meant that his client would have to defend a damage
suit for breaking up the business of the debtor. Attachment

�BULLETIN OF THE SCHOOL OF LAW.

31

suits are generally dangerous proceedings, except where the attachment is levied on the ground of non-residence of the debtor.
The other statutory grounds are, in effect, that the debtor is concealing himself so as to avoid b eing served with process, or that
he has disposed of his property within the last two years for the
purpose of hindering and delaying his creditors, or is about to
dispose of his property for the purpose of hindering and delaying
his creditors; and it is usually difficult to get evidence to establish
any of these statutory grounds. It is also exceedingly exasperating to be morally certain that a debtor is about to dispose of all
his assets, and yet sit idly by and do nothing. Clients ordinarily
want action. At the same time, in deciding whether or not to
attach it is by all odds best to be cautious. Clients are very
much averse to taking the risk of a heavy damage suit for the
sake of collecting an account, unless the chances of success are
excellent. It is frequently impossible to tell how great a liability
will be incurred by instituting attachment proceedings, and the
only course is to explain to your client the exact situation, tell him
as precisely as you can what liability he will incur in the event
that he is unable to sustain the attachment, and advise him as
accurately as possible just what the chances of success are.
The subject of accord and satisfaction is of frequent importance
in collection business. The leading case in this State is Ostrander
vs. Scott, 161 Ill., 339. The facts there were that Ostrander
had been the western agent for Scott, a manufacturer of printing
presses. The agency had ceased, and !Scott was requesting the
payment of some $6,000 or $7 ,ooo, which he claimed was due him
from Ostrander. The latter admitted the greater portion of the
indebtedness, but claimed that he was entitled to an allowance
of $r ,200 for commissions on certain presses that had been sold
in his territory prior to the termination of his agency. Under
these circumstances Ostrander sent Scott a check for the amount
claimed, less $1,200, advising him that the same was sent in full
settlement of the account, and on the check was written "in full
of all demands to date." Scott received the letter and used the
check, and wrote back saying that the check had been received
and applied on account, and requested payment of the remaining
$1,200. Ostrander replied that the check was sent on the condition that it should be accepted in full payment, and that if Scott
did not care to receive it in full settlement he should return the
same. Scott answered that he had applied the check on account
and that the fact that Ostrander wanted it to constitute a payment
in full made no difference; and he refused to return the check.
He subsequently began suit and recovered in the trial court and
in the Appellate Court, but the Supreme Court reversed the ruling,
holding that when there is a bona fide dispute between parties
and an amount is tendered in full payment, the acceptance of it
constitutes an accord and satisfaction. The moral is plain.
In conclusion I would make two suggestions. The first is,
in handling accounts, report to your clients frequently. Time
taken up in this way is by no means lost, even if you are doing
all that can be done . A client likes to feel that his business is
having attention. and he will usually feel so if he is fully advised
of what is being done.
A further suggestion is, remit promptly. This is particularly

�32

NORTHWESTERN UNIVERSITY.
l

important, because there have been collection agencies, and even
(strange as it may seem) attorneys, who have been known to
forget to send their clients the proceeds of collections made by
them, and it makes a good impression on any client to know that
he has received his money promptly upon its collection by his
attorney.
With these final hints I close, hoping that the results of my
experience, here set forth, may be of some value in leading you
to avoid those mistakes and gain those advantages which otherwise would have been made or omitted for lack of a simple warning.
It is right and just that the results of experience should not be
lost, but should be transmitted for the gain of newer generations.
It is not right that each newcomer should have to acquire, at the
cost of his own painful experience, that which was already
well known to others. What I have suggested is, of course, my
own opinion alone, but it is doubtless representative. I trust that,
in the collection of debts, you may enter upon your work somewhat better prepared by reason of what I have contributed.

�V.
DENT AL SCHOOL
CHICAGO
Offers a four years' course leading to the de!l'ree of Doctor of Dental Surgery. The
facilities for the practical and theoretical mstruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the
students and instructors. The attendance during the last year was 535. It is the
largest University Dental School in the world.
For further information, address Northwestern University Dental School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

VI.
SCHOOL OF MUSIC
COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretical study of Music,and is designed
to prepare students for the profession as composers, theorists, artists, teachers, or
critics. It also makes provision for the study of Music as a part of general culture
or as an accomplishment. It otters three or four year courses leading to an appropriate degree in Music.
For further information, address School of Music, Evanston, Illinois.

VII.
SCHOOLS OF THEOLOGY
EVANSTON
The Garrett Biblical Institute, open to all young men from anr evangelical
church, who are properly recommended as candidates for the Christian ministry,
offers a three years' course arrang-ed for classical graduates of approved colleges,
leading to the degree of Bachelor of Divinity; also a four years' course open to
college graduates, leading to the degree of Doctor of Philosophy.
The Norwegian-Danish Theological Department, established to prepare men
for the ministry among the Norwegian and Danish peoJ)le, offers its students an
opportunity to pursue their theological studies in the English, Norwegian, and
Danish languai;res.
The Swedish Theological Seminary, organized to meet the increasing demands
for educated pastors and missbnaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further information, address the respective schools, Evanston, Illinois.

VIII.
ACADEMY
COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses preparatory to college and practical life. The
proximity of the college department with its many facilities constitutes a great
advantage to the Academy. Young men and women will find here opportunity to
prepare for any college in the country.
For further information, address Northwestern University Academy
Evanston, Illinois.
A second Academy, under the name of Grand Prairie Seminary, is maintained
by the University at Onarga, Illinois. Special facilities are afforded for p_reparing
for college or technical schools, or other higher institutions of learning. The location in a small town makes it possible for the authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinois.

IX.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medica
School on substantially the same terms as meu.
For further information as to the Residence Hall for Women, address
Dean of Women, Willard Hall, Evanston, Illinois.

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                <text>.LBIIT H. GARY  LIBRARY SERIES   NUMBER NOR THWE STE RN UNIVERSITY EVANSTON CHICAGO BULLETIN OF THE SCHOOL OF (UNION COLLEGE OF LAW) FOUNDED LAW OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY FEBRUARY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J. James  A.M.  Ph.D.  President Northwestern University            . Four (Law  Medicine  Dentistry    Pharmacy) Chicago.      LAW SCHOOL CHICAGO Offers      '     Law             Bachelor   Laws. Special Law.  Chicago Law Institute Library .  Law                    . Northwestern University Law School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago. Northwestern University Building  Corner   Lake   Dearborn Streets Chicago. TABLE OF CONTENTS. . NEWS OF THE SCHOOL . . . . . . . • • . . . • • • . • • . • • • • • • . • . . • • LECTURES ON LEGAL TACTICS. • . . . . . . . • . . . . . . . . . . . . . . . II. THE LAWYER'S METHODS OF ADVERTISING. MITCHELL D. FOLLANSBEE . . . . . . . . . . . . . • . . • • • • • • • • • . • . • . • • • • • III. THE COLLECTION OF DEBTS CARL R. LATHAM .••••..•• Entered     Post     Chicago  Ill.    Second   Matter.    . NEWS OF THE SCHOOL. Founders' Day. On             University Founders' Day whic     Governor   Illinois University.                 Northwestern University Club   Chicago      Auditorium Hotel Dr. Charles M. Stuart  . Among       Professor Ames     Harvard Law School Professor Langdell . On        Board   Trustees University Club University .      ' Northwestern University              Law  Pharmacy Dentistry. Hon. Oliver H . Horton  LL. D. Board   Trustees   . After President James  Yale  Harvard    Michigan Universities Jefferson Medical College. On          Auditorium Theater LL. D. Sc. D.  . These      Jamer Barr Ames Dean     Harvard Law School  William Williams Keen  Professor Surgery   Jefferson Medical College  Albert B. Prescott Dean     Pharmacy School     University   Michigan Edward Cameron Kirk  Dean     Dental School     University Pennsylvania. Each  NORTHWESTERN UNIVERSITY. Dean             University . Professor Ames "          Faculty     School   Law James Barr Ames  Dean     Faculty   Law   Harvard University    affection American      ." After            President Arthur Twining Hadley   Yale University "  Place     Professional School     American University." LECTURES ON LEGAL TACTICS. BULLETIN Course Legal Tactics. They ( )              .  .   . Its  . Its  · . "Legal Tactics First Series." Some  .   BULLETIN OF THE SCHOOL OF LAW. .   Lawyer'  Methods   Advertising Mitchell D. Follansbee  Esq. (        Follansbee &amp; Follansbee). . Corporation By Laws Louis Boisot  Jr.   Esq ( " By Laws "         Chicago City Railway Company) . . Personal Injuries James C. McShane  Esq. . Special Assessments (B   Taxes) Kenneth R. Smoot  Esq. (        Smoot &amp; Eyer). . D   Collections Carl R. Latham  Esq. ( Alden  Latham &amp; Young). . Trying   Case   Reference   Appeal   Review Charler B. Eyer  Esq. (        Smoot &amp; Eyer) . . Fire Insurance Thomas Bates  Esq. . Criminal Practice A. C. Barnes  Esq. (Assistant State'  Attorney). . Law Office Organization   Work   M. Lester Coffeen . Esq . (        T    McConnell  Coffeen &amp; Harding). . 'Justice Court Practice Robert N. Holt  Esq. (Justice     Peace) . . General Taxation Robert S. Iles  Esq. .      Foreclosures W. W. Case  Esq. . Landlord   Tenant  Albert Martin  Esq. ( Taylor &amp; Martin). . Appellate Court Practice Hon. Oliver H. Horton (  Judge     Appellate Court). F     . Federal Practice Charles H. Aldrich  Esq. ( Solicitor General     United States). . Conservators   Guardians Miss Mary Bartelme (Public Guardian   Cook County). . Personal Injuries Samuel  . Page  Esq. (Attorney City Railway Company). . Practice      [  Ordinances B. Frank Emerich Esq. (Attorney     Chicago Board   Health) . . Suits   Municipal Corporations Frank Hamlin Esq. (  Assistant Corporation Counsel). . Probate Court Practice Lessing Rosenthal  Esq. . Practice   Masters   Chancery William F. Wiemers  Esq. (Master   Chancery  Circuit Court). . Acquisition     Clientage   Management   Clients Thomas Dent  Esq. (         Dent &amp; Whitman). Brief   Argument     Supreme Court  Merritt Starr  Esq. Selection   Management     'Jury W. J. Hynes  Esq. Two     "Organization   Corporations "   Frank  . Lowden  Esq.    " Public Records   Clerks' Duties "   W M. Cook  Esq. (Assistant Corporation Counsel) . II. THE LAWYER'S METHODS OF ADVERTISING.' BY MITCHELL DAVIS FOLLANSBEE  ESQ. OF THE CHICAGO BAR.  /  . Faculty      .   .   . Members  .   .    .   . Men  . Failure .   . Paris France London . One   . . Clergymen   ' An             Legal Tactics .  BULLETIN OF THE SCHOOL OF LAW. . And President  .  . Obtrusive  Senegambian . Trusts . Social . Banks . Advertising Worcester   " "  .   . ? ?     ?    . During  . Being  . P  . He . Some    . ? How          ?  ?    . He . He . . ?  . NORTHWESTERN UNIVERSITY. .    . There  .    .     English Law List Alexander &amp; Green  Evarts Choate &amp; Beaman  Parsons Shepard &amp; Ogden New York                 . Scottish Law List             . Irish Law List.   Canadian      . Kimes' International Law Directory    London Cape Town  Kimberley Pietermaritzburg    Moscow. B. D. Milonopulu Corfu    Greece            English Simeon Petases  Avoca      J Arabic    Philip Morton            Middle Temple Lahore      Punjab District   India Persian   Urdu.  . .  Chicago    . How         Portland  Oregon Bangkok  Siam    Wagga Wagga  New South Wales ?   .   . . '  '   . Omar Khayyam  '                 ?" And  '                 ?  . Chicago  BULLETIN OF THE SCHOOL OF LAW.   . .   .   . Some  . A    &gt;   . Pius IX. " ." There             New York "We ." A     Salt Lake City     Hubbell' Legal Directory      "vV     · . Our      ' .' We          ."  Wisconsin  ''                     . . . J. B. French  Justice     Peace Attorney   Law. P. S. . T    . Time      ." A Texas              "Office ." And         Arkansas "Thomas J   Johnson         Republican Goddess   Liberty Abraham Lincoln Charles Sumner        Church   Fred Douglas John A. Logan              Clayton Powell        Republican        " Mr. Johnson . An Ohio " Claims        . " Chicago            "Depositions Mary Doe "         Mary . A     Metropolis  Illinois    "Remember   Maine. " A     Atlanta  Georgia  " DID IT EVER OCCUR TO YOU Every Man   Woman Stand   Need Of Some Assistance Way   Legal Advice   Service? Have Any Interest   Any Estate Administrator  Executor  Guardian  Trustee Heir  Legatee  Ward   Creditor IO NORTHWESTERN UNIVERSITY Or Any Lost Relative   Missing Heir To Find Note Our Account   Collection Or Settlement. Any Land Claim   Recovery Or Partition Any Past Due Mortgages To Be Foreclosed Any Sort   Liens  Judgments  Or Attachments Or Any Affidavits Or De   To Be Taken Or Wish To Obtain Any Charter   Corporation Or Patent  Or Pension  Or Trade Mark Or     Are Defendant   Any Suit   Court And Desire To Have A Representative Or Attorney To Look After Your Interest Or Recover Send Or Bring Your Claims  With Correct Names And Full Particulars   Prompt Attention Do Not Wait. Delays Are Dangerous. Be Brief. State Your Business Pointedly. Am Very Busy Attending To   People'  Business. D      ¥S          F !    kF! · Call   Office And Confer Personally Or Write A Concise Business Letter Enclose Stamp   Reply  And Address" While       Dayton  Ohio  "TUESDAY AND THURSDAY QUESTION COUPON      ? .  '   . IO        .  L. D. HELLER Attorney   Law Canby Bldg. Dayton  Ohio." "AWAY WITH RATS. Send       J . L. S.  Attorney Law  Spartanburg  S. C.  . No ."  "Compliments  . ..... . . . . JAMES KNOX SMITH Lawyer   Jail Robber. Practice       Courts   Virginia   West Virginia. Keystone  McDowell County  West Virginia.  . My      'Quick Collections Upon   Claims   Prompt Remittance Made   Cold Blood.'   Bible . Therefore  Brethren . Pioneer   Martinsburg  W. Va.            Smith 'James Knox Smith  National Jail Robber           . He                 Southwest. West Virginia      Smith. He                . His . He    . . Strong . He     Virginian .' " BULLETIN OF THE SCHOOL OF LAW. Iowa "M. E. PENQUITE LAWYER Collins  Iowa. FARM LOANS AT   ½ PER CENT. Also     TOMBSTONES   MONUMENTS. See        ."  While   Cleveland Heaven "Free" "DIVORCES. DO NOT APPLY FOR A DIVORCE TIME  TROUBLE    MONEY. Consult       ANY inestin        . . Divorce . CONSULTATION FREE   CONFIDENTIAL. Union Relief Co.   r  American Trust Building. Cleveland   . References." General Hancock           "      . "  . Of  . . . Next  .   Havana . .   '  . Or ? Mr. Eminent Counsel  Patagonia Reports    . There .  .  NORTHWESTERN UNIVERSITY.      .    . He .      "      Jones "     "Mr. Jones     ." With There     atton  . .     .  .  .    knoW . Some   .   . He  '  . Of        .    . BULLETIN OF THE SCHOOL OF LAW. About       .    .  . There   .   . All ' .  ' . Every  .      .     . Chicago   . . One         Methodist Methodist  . Presbyterian  John Calvin. A Episcopalian  . Still Baptist . No            . Whether    . We NORTHWESTERN UNIVERSITY.   . . They  .    . And       . There      .   Dr. Dowie  . One     . There  . They        '   . They  . They   .    . . Fifty                 Mr. Webster. Later        W       . Matt Carpenter   Wisconsin    . Boy BULLETIN OF THE SCHOOL OF LAW.    .  . Like  Boston   . There  . They            n  . Take  . Sooner     . There . His .  . Some    . .     .   "Qualities   Succeed " "From Ploughboy   Ermine "   . There .       .  NORTHWESTERN UNIVERSITY.  . .   .   . There    .    .  .      . Mr. Walter S. Carter   New York          "Ways Win "     Columbia       Phi Delta Phi . Mr. Carter Mr. Charles B. Farwell         r (Mr. Carter)     Milwaukee   Chicago  "We  ' Carter . " Mr. Carter'         . "How ?"      . " Locate   . R   ."   New York Manhattan       Brooklyn New Jersey. One   . His . Mr. Choate ( )              . He  . He . He "   . To the                       sueBULLETIN OF THE SCHOOL OF LAW.    ' ."    '   .  .   . There "     "    . And    Waldorf Astoria           .   . Their   . They .  . From       ·    . . They   . . These              . They   . .  . . . They    . He  NORTHWESTERN UNIVERSITY.   .  Chautauqua Assemblies.    God  . ! ' III. THE COLLECTION OF DEBTS.* BY CARL RAY LATHAM  ESQ. OF THE CHICAGO BAR.      .   . Many  "         " . . To  .  . Nearly  . '                 .  . After    '  .  $ (    State)                  .  . Even   .  . Clients   . (  * An             Legal Tactics .     .  NORTHWESTERN UNIVERSITY. )  . Within   . And  .  .  . There   .  .  .  .      .  . There  . Much  . Careful '           .          .   .   '  . '   . A   . BULLETIN OF THE SCHOOL OF LAW. $    .  . Many  .    .  .   . After   .  .   $       Sr .          $ . . Now    '  $  .         . True  . . . A .     . There  . Ordinarily .     . A   . Nothing (   ) . Some  . NORTHWESTERN UNIVERSITY. '    .  (        )                   . There &lt;).   . .  . Whenever  . Naming   .  . Turning    .  . There   . Eliminate . Not   '  .   .  .              . While  . Always . . Never . There   .   . . While BULLETIN OF THE SCHOOL OF LAW.     .    . Negotiations   . Be   . Remember  . Right  . He  . .                   Chicago $        $      .  . . He    . '     . He   .              ' . He     .  .   .     .  NORTHWESTERN UNIVERSITY.    [      Dun'    Bradstreet'    . .  '   . Chattel . A   .  . Some "Leader " State Street      Demberg  Glick &amp; Homer. On .  .               (     )  .     Demberg  Glick &amp; Homer Chicago  . Notes   . Since   Federal . Under     NORTHWESTERN UNIVERSITY.        . Moreover     .  . No . Debtors  . Although    . Judgment . Indorsements  .  . . Refrain    . After    .    .   .  . Still  . Before    . .  . Attachment BULLETIN OF THE SCHOOL OF LAW.  .       .  . Clients . . Clients   .     .  .           State   Ostrander . Scott      Ill.     .           Ostrander Scott .            !Scott $        $ Ostrander.  $ . Under Ostrander   Scott $ " ." Scott   $     . Ostrander Scott  . Scott Ostrander . He Appellate Court      Supreme Court   .        . . . Time  . A . . A           . NORTHWESTERN UNIVERSITY.  (         )    . With   .  .   . .  .</text>
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                    <text>SERIES II

NUMBER :z

AUGUST, 1903

NORTHWESTERN
UNIVERSITY
CHICAGO-EVANSTON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 185g

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS

CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED Q!J AR TERL Y BY

NORTHWESTERN

UNIVERSITY

�NORTHWESTERN UNIVERSITY
EVANSTON-CHICAGO
Edmund J. James, A. M., Ph . 0., President
N0rthwestern University consists of eight departments or schools. Four of these
(Law, Medicine, Dentistry, and Pharmacy) are located in or near the center of the
City of Chicago. The other four lColleie of Liberal Arts, Theolon, Music, and the
Academy, are situated in Evanston, the most beautilul suburb of Chicae-0 1 imme~
diately adjoining the city on the north.
The Colle1:e Campus is located directly on the shore of Lake Michiun about
three 'miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,
Illinois.

I.
THE COLLEGE OF LIBERAL ARTS

COLLEGE CAMPUS, EVANSTON
Offers a four years' course leading to Bachelor's degree in Lan~ages and Literature
( English,. French,iGerman, Italian, Spanish, Latin, Greek, Hebrew): Mathematics
( college and advanced); Science (Astronomy, Botany, Zoolol:Y, Chemistry, Physics,
Mineralogy, Geology); History (ancient, medireval, and modern); Philosophy,
Psychology, Pedagogy, Economics and Politics, and Socioloiy, and other subjects appropriate to a modern college.
Numerous 1:raduate courses are also offered leadini to the de1:ree of A. M., and
in a few subjects to that of Ph. D.
Special advantages are offered to the 1:raduates of this colle1:e in the professional
schools of the University.
For further information, address College of Liberal Arts, Evanston, lllinois.

II.

MEDICAL SCHOOL
CHICAGO
Offers a four years' course lending to the degree of Doctor of Medicine. The hospital and clinical facilities are especially good. This school was the first in the
United States to take three important steps in Medical education: the enforcement
of the standard of preliminary education, the adoption of longer annual courses, and
the graded curriculum.
It ranks fourth in attendance amon2: University Medical Schools in the United
States.
For further information, address Northwestern University Medical School,
2421 Dearborn Street, Chicago.

III.

LAW SCHOOL
CHICAGO
Offers a three years' course in Law leading to the deiree of Bachelor of Laws,
Special facilities are provided for a thorough preparation in the practical as well as
theoretical aspects of the L'B.w. The library is adequate to all the ordinary needs of
the student, including over eleven thousand volumes, while the proximity of the
Chicago Law Institute Library provides an additional collection of over forty thousand which the students are at liberty to use. The students come from all parts of
the country, and the courses are arranged with a view to giving them that knowledge
of Law which will be indispensable to them wherever they may practice.
For further information, address Northwestern University Law School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

IV.

SCHOOL OF PHARMACY
CHICAGO
Offers courses leading to the degree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The course includes instruction in General Chemistry, Chemical
Analysis, Pharmacy, Botany, Microscopy, Pharmacognosy, Dispensing, and Analytical Pharmaceutical Chemistry, including Drug Assayinr, BacteriolOl?Y, and Sanitary
Analysis. It ranks first in attendance among University Schools of Pharmacy in this
country.
For further information, address Northwestern University School of Pharmacy,
Northwestern University Building, Corner of Lake and Dearborn Streets, Chicago.

�ASSEMBLY ROOM

�I\

Ii

MEMORIAL AUTOGRAPHS.

�QUARTERLY BULLETIN OF THE
SCHOOL OF LAW
CONTENTS OF No. 2 , SERIES II.
VIEWS

OF

NORTHWESTERN

AUGUST,

UNIVERSITY

BUILDING

OF LIBRARY,
VIEWS

OF

THE

AND

OF

MEMORIAL

ROOSEVELT

AND

AND

Front£spiece

MR.

AUTOJUSTICE

Tailpt"ece-

GARY COLLECTION OF CONTINENTAL LAW AND JURIS- Paee-

PRUDEN CE,
II.

ROOM

PRESIDENT

Ho urns,

I.

•

ASSEMBLY

GRAPHS OF

1903.

5,

•

OPENING OF THE LIBRARY TO MEMBERS OF THE BAR ,

III.

UNVEILING

OF THE MEMORIAL AUTOGRAPH

ROOSEVELT ON APRIL
IV.

COMMENCEMENT

V.

BIOGRAPHI CAL

OF PRESIDENT

8, .

EXER CISES

FERRED ON JUNE

IO•

AND

rr
LIST

OF

DEGREES

CON -

18,.

SKETCHES

13
OF

ALUMNI

RECENTLY ELECTED

TO THE BEN CH IN ILLINOIS,
VI.

ANNOUNCEMENT OF ANNUAL BANQUET OF ALUMNI ASSOCIA-

13

TION ON OCTOBER l, 1903,
VII.

ANNOUNCEMENT OF LEGAL TACTICS Co URSE FOR 1903-4,

VIII.

THE

FORECLOSURE

OF

MORTGAGES:

LEGAL TA CTICS COURSE, BY

AN

W. W.

ADDRESS IN

19
THE

CASE, ESQ.,

Entered at the Postoffice at Chicago, Illinois, as second-class mail matter-

2r

��I-THE GARY COLLECTION OF CONTINENTAL
LAWS AND JURISPRUDENCE.
By two recent gifts of money, one in February a.n d the other in
June, Hon. Elbert H. Gary, '67, formerly of Chicago, and now of
New York, has generously enabled the School to acquire a complete collection of the laws and jurisprudence of all the countries
of Continental Europe-a collection unequaled in any other American library. The major portion of the collection has already arrived; another part is purchased and on its way; and the remainder
has been ordered, but will not arrive until October or November,
owing to the difficulties inherent in obtaining the materials from
such countries as Russia, Servia, Hungary, and Turkey.
The countries represented in the collection are as follows:
Austria, Belgium, Bulgaria, Denmark, France, Germany, Greece,
Holland, Hungary, Italy, Luxembo urg, Monaco, Montenegro, Norway, Portugal, Roumania, Russia, Servia, Spain, Sweden, Sw'itzerland, Turkey-twenty-two in all. In the Austrian will be included
the separate laws of Bohemia, Bosnia, Croatia, Herzegovina, Slavonia, and other principalities. Under .the Ru ssian collection will
be included the separate laws of Finland, Esthland, Kurland, Livland, and Poland. Under the Swi ss collection will be included the
separate codes of the individual cantons. The Turkish collection
will include the general and special legislation of the Ottoman Empire as a whole and for its European lands, together with such
treatises as exhibit the main features of the Mussulman law ; but
the vast body of Mussulman jurisprudence, applying as it does ·to
num erous countries of Mohammedan population, from India to
Morocco, is rather Oriental than European in its bearings, and has
therefore fallen without the limits of this collection.
The contents of the collection for each country will include
the following six elements: 1. The Codes, or systematic legislation, in the original language; 2. The same, in translations in
French or German; 3. The reports of decisions of the Supreme
Courts of justice; 4. One or more leading law journals; 5. One
or more treatises systematically expounding the whole body of
the contemporary law and specific important topics of the law;
6. One or more treatises upon the history of the law. The collection will also contain, as appurtenant to its main purposes,
though not involved in the body of law for individual countries,
the following materials: 7. All the extant texts of the Roman
law, together with a few leading modern commentaries; 8. The
5

�6

NORTHWESTERN

UNIVERSITY.

texts of the mediaeval Canon law, with a few leading modern
commentaries; 9. The leading journals and collections of Comparative Legislation; and 10. The leading journals of International
Law and the chief collections of treaties. It need hardly be said
that no collection having such an extensive scope could pretend
to be complete in the literal sense of the word. Such a completeness would not be feasible, because even within these countries
themselves a complete collection sometimes does not exist, and because, even where it does, nothing less than the bodily transportation of a royal or imperial library would suffice to attain the end.
Nor would such a completeness at present be worth while, because
relatively so large a proportion of useless material would be included. But a practical completeness is both possible and desirable,
and is intended according to the lines above mentioned. The six
main elements of the collection for each country will make the collection as serviceably complete as can be desired for the purposes
of the library.
Under the first three heads-legislation and decisions-it is expected to obtain all the materials available. Under
the fourth head-law journals-it does not appear necessary to
obtain more than the leading periodicals containing the contributions of the important thinkers of the profession. This, to be sure,
means a varying number of journals in different countries-a dozen
or more in Germany, for example, four or five in France, one or
two more in each of the other countries. Under the fifth headleading treatises and commentaries-the selection will be kept within narrow limits. From Germany and France-the most fertil e
sources of modern legal thought, and those whose languages are
commonly the only foreign ones available to the American lawyer
-two or three hundred volumes will be selected; but from the
other countries the number will not exceed ten or twenty each,
including the chief encyclopedias or systematic commentaries and
special treatises on inheritance and other topics of practical consequences to foreign-born residents of the United States. Under
the sixth head-historical treatises-will be included all the chief
modern investigations in France and Germany, as important to the
history of Anglo-American law; together with one or two leading
treatises ( there are seldom more in print) for each of the other
countries.
This collection will be unique among the libraries of our country. Much of its material will be for the first time available in
the United States; other parts, for the first time in th e West. The
library of the Law School of Harvard University (the only other
one as yet equipped with continental codes and decisions) now contains the reports of decisions of Austria, Belgi!lm, France, Ger-

�THE LAW

SCHOOL.

7

many, Holland, Italy and Spain, together with the leading law journals of Austria, France, Germany, Holland and Italy; and its collection of German and French treatises is larger than the selection
deemed necessary for the library of this School. But the acquisition of the systematic legislation and jurisprudence of the remaining continental countries seems not to have been attempted hitherto
in any library in this country. For the West, moreover, in tlie
departments of international law and comparative legislation, the
Gary collection has a special significance, because it makes available
here for the first time certain important journals and collections of
documents, and notably increases the opportunities for studying
international law in many of its relations most material to this
country. In truth, the underlying aim, in acquiring the Gary collection, is to establish in the West a new center for scholarship and
research in the subjects covered by it, and to make available here
those materials which have hitherto been accessible only in the East
or in Europe. With the co-operation of other libraries, it ought
to be possible ultimately to provide in Chicago such an equipment,
covering the legislation, jurisprudence, and customary law of the
entire world, as would render unnecessary a resort to other centers
for the materials of legal learning and practice.
As soon as the Gary collection is completely installed, a catalogue will be compiled and printed for distribution to those who
are interested. But this can hardly be before the end of the present
calendar year. In the meantime, the following list of leading
French and German legal periodicals already received (full sets of
which are represented) will serve to suggest the scope of the contents of the collection at large:
Archiv fiir civilistische Praxis.
Annalen des deutschen Reichs.
Archiv fiir oeffentliches Recht.
Archiv fiir biirgerliches Recht.
Gerichtssaal.
J ahrbuch der internationalen V ereinigung fiir vergleichende
Rechtswissenschaft.
Jahrbuch fiir Dogmatik (Gerber u. Ihering).
Deutsche J uristenzeitung.
Seuffert's Archiv.
Striethorst's Archiv fiir Rechtsfalle.
Kritische Vierteljahrschrift fiir Gesetzgebung.
Zeitschrift fiir Rechtsgeschichte.
Zeitschrift der Savigny-Stiftung fiir Rechtsgeschichte.
Zeitschrift fiir internationales Privat-und Strafrecht.
Zeitschrift fiir privat-und oeffentliches Recht.

�8

NORTHWESTERN

UNIVERSITY.

Zeitschrift fiir franzi:isisches Civilrecht.
Zeitschrift fiir Handelsrecht.
Zeitschrift fiir vergleichende Rechtswissenschaft.
Zeitschrift fiir Civilrecht und Prozess.
Revue critique de legislation et de jurisprudence.
Nouvelle revue historique de droit fran&lt;;ais et etranger.
Revue historique du droit fran&lt;;ais et etranger.
Revue generale de droit international public.
Revue de legislation ancienne et moderne fran&lt;;ais et etrangere.
Bulletin de la societe de legislation comparee.
It may be asked, What are the specific uses to which such a
collection of foreign law can be put? Certainly, three at least. In
the first place, the pres~nce of such a library is a constant reminder
of the cosmopolitanism of legal problems and an incentive to
broader legal thinking. Quite apart from the · needs of a general
course of legal instruction in comparative legislation or legal
history (for which perhaps the profession in this country is yet
hardly ready), there is always something to be gained by a compa rative view. Whether it concern the formation of contracts by
correspondence, or the parol evidence rule, or the liability of employers for injuries to workmen, or the nature of limited partnerships,-in these and countless other departments, scarcely any legal
problem appears as a native and exclusive one of our own. New
solutions approved and old ones found wanting are chronicled for
our advantage in the records of other systems of law. The time
is coming when we shall wish and shall need to compare them.
The opportunity to do so will create the inclination and the demand. This library will make it possible to satisfy such needs.
In the second place, the history of our own Anglo-American
Jaw, directly rooted as it is in the history of the Teutonic peoples,
requires for its investigators an acquaintance with the early legal
ideas of Germany, France, and Scandinavia. The work of Brunner,
Heusler, Stobbe, v. Amira, and Esmein, forms the preface to the
work of Ames, Maitland, Pollock, and Thayer. A complete library
of American law must include the history of French, German and
Scandinavian law. This is essential if a sound legal scholarship is
to be built up in the West.
In the third place, and in one aspect most important of all, the
daily practice of the law is profitably served by this collection. The
varied immigrant population of this country, especially in the Central West and the Northwest, has created a need for it. In the
city of Chicago alone, the foreign-born population reaches these
figures: Bohemians, 36,000; Dutch, 19,000 ; Poles, 60,000; Danes,

�THE LAW

SCHOOL.

9

10,000; Hungarians, 5,000; Germans, 170,000; Italians, 16,000; Russians, 2"5,000; Norwegians, 22,000; Swedes, 49,000; others not British, 40,000. Among this large population of foreign birth (and
those of foreign parentage will increase these figures) many individuals from time to time become affected by legal questions of inheritance, of marriage, of commercial paper, of military service, and
, of other sorts, in which the tenor of the law of a foreign country
is material or decisive. Hitherto, in such cases, either the investigation of that law has been foregone, as too tedious or too expensive, or a few casual sources have been summatily made to suffice, or the whole matter has been placed in the hands of a continental lawyer. It will now be possible to ascertain adequately
here at home the foreign law; and thus either a resort abroad will
become wholly unnecessary, or the foreign attorney's services will
be needed only for proceedings taken abroad. In any event, much
time and expense may be saved, and a more intelligent handling
of the case will be possible. The probabilities of the Library's
practical usefulness in this direction have come markedly to the
surface, since the first announcement of its acquisition, and appear
now to be much greater than was originally expected.
In the selection of materials and the planning of the Library's
uses, the School has sought advice from the consuls and other
skilled persons here who are in touch with this particular need. The
School is prepared to place the Library at the service of those
of the profession who thus would utilize it, without other than a
nominal charge to cover the expense of making known its resources.
The plan, as at present formed, is to permit the use of the Gary
Collection to any member of the bar in Chicago upon only this
nominal charge; and, for the benefit of practitioners in other parts
of the country, to appoint a staff of local practitioners, one for each
foreign country, skilled in the respective languages, and to commit
to them for investigation any case stated which may be sent to the
School, charging for this a small minimum fee and handing it to
the particular local practitioner who makes the investigation and
supplies the opinion. No doubt a considerable service can by this
means be rendered to the profession, as well as to the entire community in the West and Northwest.
It is proper here to add that, for the purpose of securing additions to the department of International Law, gifts of substantial
sums were also made by Mr. Wm. Alden Fuller, of the Board of
Trustees, and Professor Charles Cheney Hyde. For the same purpose, Mr. Julius Rosenthal, of the Chicago bar, has presented to
the library a complete set of the Annuaire de l' Institiit de droit
international.

�II-OPENING OF THE LIBRARY TO MEMBERS
OF THE BAR.
With a view to increasing the opportunities of legal study and
reference for the younger members of the bar whose libraries are
limited, especially the alumni of the School, the following circular
letter has recently been sent to all members of the Chicago bar:
NORTHWESTERN UNIVERSITY SCHOOL OF LAW
NORTHWESTERN UNIVERSITY BUILDING

CHICAGO, ILL., June 15, 1903.
To tlie Jl1~mbers o/ tlte Bar of tke City o/ Cllicago;
Believing that there is a demand for an additional law library, not in any sense
to compete with the library of the Law Institute or that of the Bar Association, but to
provide material not included in either of the above libraries, and to provide facili·
ties for young attorneys not owning their own libraries nor having an amount of
practice that will warrant the purchase of a membership in the Chicago Law Institute.
the trustees of Northwestern University and the faculty of the Law School beg to
extend the privileges of the Law School Library to the members of the bar of this city.
The library is located in the quarters of the school, third floor, Northwestern
University Building, two blocks distant from the court house. In convenience for
study and research it is unexcelled. The room is divided into large, clean, quiet,
\Yell ventilated and we ll lighted alcoves, each alcove containing a table and comfortable chairs. The library is being gradually increased, and at present comprises the
United States Reports, a ll of the State Reports to the Reporter System, the complete
National Reporter System, the Lawyers'Reports Annotated, all of the Illinois Reports,
statutes of all the States in the Un ion, and a large collection of die-ests, encyclopedias
and text books. Of the English Reports it possesses the complete Law Reports since
1865, most of the remaining reports between 1790 and 1865, and the Full Reprint of
the earlier Reports as far as issued. The Gary Collection of Treatises, Reports and
Statutes of the Continental Law is now being installed and will be completed during
the summer. This collection includes the jurisprudence of Germany, France, Austria,
Spain, Switzerland, Holland, Italy and Belgium, to which that of other European
countries will shortly be added, and it will not be equaled by any other collection in the
United States. As a source of investigation for International Law and Continental
Law it will provide facilities hitherto wholly unavailable west of the Atlantic Coast.
A yearly fee of $2.00 will be charged members of the bar who are not graduates
of this school, and a fee of Si.00 yearly will be charged graduates of the school.
Books cannot be taken from the library.
Those desiring to avail themselves of this offer may register and pay th e required
fee at the office of the School.
THE FACULTY OF THE SCHOOL OF LAW
NORTHWESTERN UNIVERSITY,

It may be added that the School reserves the right, if by September too large a number of practitioners avail themselves of this
privilege to admit of convenient use by the students, to increase
the fee or otherwise to limit the number admitted to the privilege.

10

�III-UNVEILING OF THE MEMORIAL AUTOGRAPH OF PRESIDENT ROOSEVELT.
On April 8, in the Assembly Room of the School, occurred the
unveiling of the glass tablet containing the autograph of President
Roosevelt. A photograph of this tablet, as well as of that bearing
the autograph of Mr. Ju stice Holmes, is published in this number
of the QUARTERLY BULLETIN. The circumstances under which the
autograph came to be inscribed were as follows:
The opening of the new quarters of the School had been appointed for October 3. President Roosevelt and Mr. Justice Holmes
had both been invited, in June last, to attend the opening ceremonies. Mr. Justice Holmes, believing that he would be unable
to absent himself from the bench, had not accepted the invitation.
President Roosevelt, who was at the time planning a tour of the
West, had accepted; the University Committee of Invitation being
Hon. H. S. Boutell, Trustee of the University, and Hon. George E .
Foss and Hon. James B. Mann, graduates of the School. The
President was within three days of Chicago, in the course of his
tour, when a sudden development of illness obliged him to return
to Washington, and the arrangements for October 3 were abandoned. The opening ceremonies were then fixed for October 21,
and the invitation was renewed to Mr. Justice Holmes, who found
that this date was compatible with his engagements, and accepted.
His dedicatory address of October 21 was printed in the N ovember number of the QUARTERLY BULLETIN; and on the occasion of
the ceremony he inscribed his name, with a diamond, on a glass
tablet. Some time later, President Roosevelt resumed his plan
of a Western tour, and a visit to the University became again a part
of his arrangements; but on this occasion it was made to include
only a visit to the Evanston departments of the University. The
Law School, however, not desiring to Jose all association with a
visit originally intended for its sole benefit and defeated only by
mischance, appointed Hon. H. S. Boutell as a committee to request
from the President his autograph on a glass tablet, to bear the
date originally planned, and to be placed in the Assembly Room in
company with that of Mr. Justice Holmes. The same diamond
was sent to Mr. Boutell at Washington, and the request was acceded to by the President.
The visit of the President to the University occurred on April
3; and on April 8, the two tablets having been infixed in the chim11

�12

NORTHWESTERN

UNIVERSITY.

ney-piece of the Assembly Room, an informal gathering of students and faculty took place in that room at 9 P. M. (after the
close of the contest for the Towle prize for public speaking). Mr.
BouteII then recounted the circumstances of his interview with the
President and attested the act of signing and the identity of the
autograph. The tablets were then unveiled. The award of the
Towle prize ( to Mr. Strickland, '05) was then announced; and
Mr. McKinney, '03, on behalf of the Northwestern Chapter of the
Delta Chi legal fraternity, presented to the School, for the Assembly Room, a handsome Dutch clock, bearing on a brass plate the
following inscription: "Presented to the Law School of Northwestern University by Northwestern Chapter of Delta Chi, April
the eighth, nineteen hundred and three."
The gathering then resolved itself into a sociable smoker.
A photograph of the memorial autographs is published in this
number of the QUARTERLY BULLETIN.

•

�IV-COMMENCEMENT EXERCISES AND LIST OF
DEGREES CONFERRED ON JUNE 18.
On Thursday evening, June 18, 1903, at 8 o'clock, was held the
Forty-fifth Annual Commencement of the University, at the Chicago Auditorium.
The Commencement Address was delivered by the Rev. Matt.
S. Hughes, D. D. , of Kansas City. The ceremony of conferring degrees, by President Edmund J. James, assisted by the
respective Deans and Secretaries, then followed. The total number of degrees conferred was 561, divided as follows: Bachelors
of Arts, Philosophy, Science, and Letters, 99; Masters of Arts,
Philosophy, and Science, 20; Doctors of Medicine, 126; Bachelors
of Laws, 44; Pharmaceutical Chemists, 14; Graduates in Pharmacy, 77; Doctors of Dental Surgery, 177; Graduates in Music,
4. No honorary degr ees were conferred, these ceremonies being
reserved for the annual assembly of Founders' Day on January 28.
The names of those who received the degree of Bachelor of
Laws are as follows:
Block, Manfred Sickle,

Platteville, Wis.

Case, Charl es Center,
Crafts, Harry Kent,

Cherry Valley.
Chicago.

Crilly, Oliver Daniel,

Chicago.

Deering, Thomas Gardner,
Dunbar, David Owen,

Chicago.
Center Point, Ia.

Eberhardt, Alfar Maximilian,
Eschbach, Jesse Ernest,

Chicago.
Warsaw, Ind.

Ferren, Hosea V., Jr.,
Frank, Lee Julius,

Carterville.
Chicago.

Guthman, Roy,
Headen, Thomas Moulton,

Youngstown, Ohio.
Shelbyville.

Kahn, Julius Maurice,

Petersburg.

Keating, James Williams,
Keep, Albert, 2d,
Kidder, Royce Annan,

Chicago.
Chicago.
Sterling.

B.I..., University of Wisconsin.

A.B., University of Michigan.

A.B., Harvard University.

B.S., Cornell College; A.B., Columbia University.

Ph.B ., Otterbein College.

A.B., University of Chicago.

A.B., University of Illinois.

A,B., Northwestern University.

13

�NORTHWESTERN

14

UNIVERSITY.

Knapp, William Proctor,

Chicago.

Knowlton, Clarence Elliott,
Kompel, Morris,

Rochester, Minn.
Chicago.

Kropf, Victor Gustav;

Richland, Kas.

Lamar, Clyde Park,
Lee, Curtis Gillmore,
Matthews, Jacob Scott,

Chicago.
Chicago.
Chicago.

Mayer, Elias,

Chicago.

McKinney, Marion Hayes,
Mergentheim, Morton Adolph,

Chicago.
Fort Wayne, Ind.

Mills, Matthew,

Chicago.

Murphy, Edward James,
·McN ulta, Donald,
Niles, John Addison,
-Odell, Benjamin Franklin Jefferson,
-O'Donnell, Thomas Vincent,

Evanston.
Chicago.
Chicago.
Chicago.
Bloomington.

:Peckham, John Judah,

Geneva.

Phillips, Paul B.,

Wheaton.

Rose, Charles George,
Rosenberg, Hyman,
Rosenstone, Bertram Vv.,
Schafer, Frank Boeshair,
.Shaw, Joseph Laurence,

Chicago.
Chicago.
Chicago.
El Paso.
Geneseo .

:Swigert, Harry Amos,
Thomasson, Nelson, Jr.,

Council Bluffs, Ia.
Chicago.

Thomsen-von Colditz, Sandor,
Van Voorst, Fred,
Welch, Robert Leslie,

Chicago.
Monticello, Ind.
Des Moines, Ia.

Ph.B., Iowa College,

B.L., Northwestern University.

A.B .. Washburn College.

A.B ., University of Michigan.
A.B., Harvard University.

A.B .. A. M .. University of Chicago.
A.B .. Yale University.

LL.B .. Indiana University.

A.B., Harvard University.
A.B .. Wheaton College.

A.M., University of Wisconsin.

A.B., Princeton University.

A. B., University of Chicago.

Jesse Ernest Eschbach and Jacob Scott Matthews, in addition
to the degree of Bachelor of Laws, received the degree of Master
of Arts.
Hyman Rosenberg was awarded the Callaghan prize of $50 for
the highest scholarship during the three years' course.

�V-BIOGRAPHICAL SKETCHES OF ALUMNI
ELECTED TO THE BENCH IN ILLINOIS
AT THE ELECTION OF JUNE, 1903.
JUDGE BENJAMIN R. BURROUGHS, one of the judges of the Third
District of Illinois, was born in Charles County, Maryland, May
20, 1849. He received his academic training at Charlotte Hall
School, Maryland; entered the Union College of Law, now Northwestern University School of Law, and graduated with the class
of 1876. He was admitted to the Bar upon graduation and immediately entered upon the active practice of law at Edwardsville,
Illinois. In 1889 he was appointed to fill out the unexpired term
of Judge Amos Watts of the Third Circuit of Illinois. He was
elected for the full term in 1891, and re-elected in 1897; after
which he was assigned by the Supreme Court as Justice of the
Appellate Court, and was re-elected to the circuit bench again in
June, 1903.
JUDGE WILLIAM M. FARMER is a native of Fayette County, Illinois. He was born in 1853; entered McKendree College when
eighteen years of age; spent three years in that school and then
entered the Union College of Law, now Northwestern University
School of Law, and graduated in the class of 1876. He was admitted to the Bar on graduation, and immediately opened an office
and engaged in active practice at Vandalia, Ill. In 1880 he was
elected State's Attorney; in 1888 he was elected to the lower house
of the General Assembly; and in 1890 to the State Senate. In 1897
he was elected 'judge of the Circuit Court of the Fourth Judicial
District, and re-elected in 1903. Judge Farmer, at the last session
of the Supreme Court was assigned to the Appellate bench for the
Seventh District at Ottowa.
GEORGE MILLS ROGERS was born in Glasgow, Kentucky, on
April lo, 1854. Mr. Rogers has lived in Cook County since 1857.
His primary education was in the public schools of Chicago. Later
he attended Yale College and the University of Chicago, graduating
from the latter in 1876. He studied law for a time in the office
of Crawford &amp; O'Connell, and then entered the Union College of
Law, now Northwestern University School of Law, graduating in
1878. He was immediately admitted to the Bar, and began the
practice of law in partnership with Samuel P. McConnell. He
has filled successively the offices of City Prosecuting Attor15

�16

NORTHWESTERN UNIVERSITY.

ney, Assistant City Attorney, and Assistant United States District
Attorney. In 1889 he was appointed Master in Chancery of the
Circuit Court, which office he still holds. Mr. Rogers was nominated for the position of judge of the Circuit Court of Cook County
in 1903, and was elected; but the act of June, 1901, under which he
was elected was subsequently tleclared unconstitutional by the
Supreme Court of Illinois.
THOMAS M. HoYNE is a native of Galena, Illinois. He received his academic training in the old Chicago High School, graduating in 1862. For a few years he engaged in commercial pursuits, and then entered the Law School founded by his father, now
Northwestern University School of Law, graduating therefrom in
1866. He was admitted to the Bar the same year, and immediately
engaged in active practice of law. Mr. Hoyne was elected judge
of the Circuit Court under the law of 1901, in June, 1903, but this
law was subsequently declared unconstitutional by the Supreme
Court. Mr. Hoyne is now a member of the firm of Hoyne, O'Connor &amp; Hoyne.
JOSEPH A. O'DONNELL is a native of Ballina, County of Mayo,
Ireland, and was born November 23, 1859. Mr. O'Donnell's family
moved to Chicago in 1867. He received pis academic training at
St. Patrick's Academy, the public schools, and Fricke's German
School, and graduated from the Union College of Law, now Northwestern University School of Law, in June, 1887. He was admitted to the Bar in the same year, and has been engaged in active
practice in Chicago since that time.
Mr. O'Donnell was elected to the Illinois Legislature in 1888,
and twice afterwards re-elected. In 1902 he was nominated for
judge of the Superior Court of Cook County under the act of 1901
of the Illinois Legislature increasing the number of judges in Cook
County by six; but before the election this law was declared unconstitutional by the Supreme Court of the State, and his name did
not go on the ballot. He was again nominated for judge of the
Circuit Court in 1903, and was elected, but the Supreme Court
again held the act creating the office to which he was elected unconstitutional. Mr. O'Donnell is a member of the firm of O'Donnell &amp; Coughlan.
JUDGE FREDERICK A. SMITH was born in Norwood Park, Cook
County, Illinois, February 11, 1844. At the outbreak of the Civil
War he was a student at the old University of Chicago. He enlisted and served as a private during the last part of the war, and
at its close re-entered the University of Chicago, and graduated in
1866. He then entered the Union College of Law, now Northwestern University School of Law, and graduated in 1867. He was

�THE LAW

SCHOOL.

1'7

elected judge of the Circuit Court of Cook County, Illinois, June
1, 1903.
JUDGE CHARLES B. GARNSEY was born at Lima, Livingston
County, New York, in 1842. He received his academic training at
Genesee Wesleyan Seminary, located at Lima, New York. In May,
1859, he came to Will County, Illinois, and for a time engaged in
business. He entered Union College of Law, now Northwestern
University School of Law, and graduated in July, 1862. He immediately enlisted in the One Hundredth Illinois Volunteer Infantry,
and served until the final discharge of his regiment in 1865. He
was admitted to the Bar in August, 1865, and opened an office in
Jofiet, where his residence and practice have since been continuous.
In 1867 he was appointed Master in Chancery for Will County;
in 1878 he was appointed Corporation Counsel for the City of Joliet;
in 1882 he was elected County Judge of Will County and re-elected
in 1886, both times without opposition. In 1903 he was nominated
by petition, as an independent Republican, for the position of Circuit Judge for the Twelfth Judicial Circuit of this state and elected
without opposition.
JUDGE RICHARD w. CLIFFORD was born in Chicago in 1853 and
was the first native of the city to be elected to the Cook County
bench. He attended the University of St. Mary, and afterwards
Chicago University, and graduated from Union College of Law,
now Northwestern University School of Law, in 1874. In 1887 he
was elected as judge of the Circuit Court of Cook County; reelected in 1891, and again in 1897, and in 1903.
JUDGE HARRY HIGBEE was born in Pittsfield, Illinois, December
13, 1854. He graduated from Yale College in 1875; read law at his
home in Pittsfield for a year; entered the Columbia School of Law
and remained there for one year, and then entered the Union College of Law, now Northwestern University School of Law, graduating with the class of 1878. Judge Higbee commenced the practice
of law in Pittsfield after graduation and has resided there since
that time. In 1888 he was elected to the State Senate, and re-elected
in 1892. In 1897 he was elected judge of the Circuit Court for the
Eighth Circuit of this state, and was re-elected in June, 1903. In
October, 1898, he was appointed one of the justices of the Appellate
Court of the Second District, and was reappointed for the same
court in June, 1900. In June, 1903, he was transferred from the
Appellate Court of the Second District to the Appellate Court of the
Fourth District, of which he is now a member.

�VI-ANNOUNCEMENT OF THE ANNUAL BANQUET OF THE ALUMNI ASSOCIATION
ON OCTOBER 1, 1903.
Owing to a combination of reasons, the officers of the Alumni
Association voted to postpone the annual banquet of the Association from June 23 to October 1, 1903. At this meeting the annual
election of officers will take place. The proposal will also be considered to fix the date of the banquet hereafter regularly in October
instead of June.
An interesting program is being prepared, and a large attendance is desired and expected. Alumni who intend to come-especially those living in other States and Territories and in Illinois
outside of Chicago-are requested, upon perusing this announcement, to write immediately to the Secretary of the School, notifying him of their intention.
The present officers of the Association are as follows :
President, Frank Orren Lowden, '87.
First Vice-President, M. Lester Coffeen, '71.
Second Vice-President, Charles Clarence Linthicum, '82.
Third Vice-President, Robert E. Pendarvis, '87.
Fourth Vice-President, William P. Sidley, '91.
Secretary, Charles H. Blatchford, '97, Ashland Block, Chicago.
Treasurer, Otto Raymond Barnett, '88.
Communications may be sent to Mr. Jerome J. Cermak, '02,
159 La Salle street, Chicago, who is acting temporarily as Secretary
of the Association.

18

�VII-ANNOUNCEMENT OF THE LEGAL TACTICS
COURSE FOR 1903-4.
The course of addresses on Legal Tactics, given for the first
time during the past year, proved highly successful, and will becontinued as a most useful feature of the School's work. Its plan
is unique in the history of law school methods. The object is to
preserve, for the benefit of young practitioners, those results of
experience which will best save him from the mistakes of his predecessors and enable him to profit by their practical knowledge.
The material for these addresses is not the rules and principles asrecorded in reports and statutes, but the practical use of those rules,
as affected by common sense, human nature, and other important
considerations lying mainly in experience-in short, the tactics
as distinguished from the rules. Such addresses, from men of
strict professional standards and special experience in a particular
subject, are invaluable to the aspiring generation. The attendance
at this course has come mainly from young practitioners of one to·,
five years' standing; a few of longer standing have attended, and a
few of the third year students in the School. The number presenthas ranged from thirty to eighty, varying according to the intere_st
of the particular topic.
The course will be given on Monday evenings at 8, from Octo- ·
her to April, each address beginning at 8 o'clock, and usually occu-·
pying about an hour. Each one will be announced, with the nan1e·
of the topic and the speaker, for one week beforehand in the Chicago Daily Law Bulletin, at the head of the court-call calendar.
The order of topics, the dates of each, and the names of the
speakers, have not been finally settled upon; a schedule will be
printed in September. There will be twenty addresses, and the·
topics will be chosen from the following list,-some of which are
new, and some identical with those of last year but dealt with by·
different lecturers:
6. Examination of Witnesses ..
1. Selection and Management
7. Banking and Trust Comof a Jury.
pany Practice.
2. Railroad Litigation.
8. Abstracts of Title and Con3. Life and Benefit Insurance.
veyancing Practice.
4. Organizing and Advising a
9. Land Condemnation PracCorporation.
tice.
5. Insolvent and Bankrupt Estates.
19

�20
10.

NORTHWESTERN

UNIVERSITY.

Law Office Work and Deal20. Practice Before Masters in
Chancery.
ings with Clients.
11. Ways and Manners of
21. Acquisition and Retention
of a Clientage.
Judges.
12. Preparation of a Case for
22. Building Contracts and MeTrial.
chanics' Liens.
13. Marine Practice.
23. Debt Collections.
14. Bankruptcy Practice.
24. Fire Insurance.
15. Brief and Argument Before
25. Probate Practice.
the Supreme Court.
26. Criminal Practice.
16. Methods of Keeping and
27. Appellate Court Practice.
Using Public Records.
28. Special Assessments.
17. Justice Court Practice.
29. Mortgage Foreclosures.
30. Federal Practice.
18. Personal Injury Practice.
19. Practice Under Municipal
31. Landlord and Tenant.
Ordinances.
32. General Taxation.
The address on Mortgage Foreclosures, given in the past year's
series, will serve to show the value and importance of the course.
As a type of what such an address can be at its best, the speaker's
revised text is printed in this number of the BULLETIN, at p. 21.

�VIII-THE FORECLOSURE OF MORTGAGES.
An Address Delivered in the Legal Tactics Course, January
1902, by W. W. Case, Esq., of the Chicago Bar.

12,

"When your Dean asked me to lecture before you on the subject of the foreclosure of mortgages from the point of view of experience and tactics, I was at first disposed to look upon the invitation as a doubtful honor. The foreclosure of mortgages is by no
means the most ambitious branch of legal practice. The lawyer
who makes it his special business is in truth the scavenger of the
profession. However, as some vessels are appointed to honor and
some to dishonor, I have concluded that even the foreclosure of
mortgages, if worth doing at all, is worth doing well, and as I
have at times had a good many mortgages to foreclose, I am glad
to give you the benefit of my experience. As I understand this
course of lectures, the object is not to instruct you in legal principles, which can be learned from books, but rather in those points
of routine which the legal text writers consider beneath their notice,
and which can ordinarily be picked up only in actual practice.
"Many lawyers seem to think the foreclosure of mortgages good
practice for the office boy. When a mortgagor has made defaun,
there is nine times out of ten no serious contest. If the defendants
employ a lawyer at all he is very apt to be a cheap man retained
merely to delay the proceedings as long as possible. You seldom
come in contact with the great luminaries of the bar. During the
progress of the suit there is little of that opposition which provokes
a lawyer to do his best work, and the case is apt to be turned over
to a junior clerk who proceeds with no great difficulty to carry
the suit to a conclusion. It often occurs that after the litigation
is ended th e complainant' s attorney discovers for the first time the
identity of his real adversary.
"The most important point to bear in mind in the foreclosure
of mortgages is that when the litigation is over, the property sold,
a deed recorded purporting to convey title to the purchaser, and
the abstract of title brought down to show the proceedings and
the deed, the record of title must be one which will withstand the
scrntiny of lawy ers expert in the e:rnmination of abstracts. Everything may have gone forward with a semblance of perfect prosperity to an apparently triumphant conclusion. The absence of
opposition has begotten a fals e security, but all the while your
silent adversary was some quiet little lawyer waiting in a real estate
2l

�22

NORTHWESTERN UNIVERSITY.

office for the abstract of title to examine after the foreclosure is
finished. If he finds a flaw in the proceedings, the work may have
to be done over again, or a considerable amount of money expended
in clearing away objections to the title which ought to have been
settled in tfie foreclosure suit. Accordingly, it is incumbent upon
the lawyer foreclosing a mortgage to assume the character of his
own adversary and keep always in mind the question how the proceedings will appear in the abstract of title. To do this successfully one needs practical experience in the examination of titles,
and until he has acquired this he cannot be trusted to foreclose
mortgages safely.
"1. Nature of the Mortgage Estate. The estate created by a
mortgage under Illinois law is somewhat anomalous. As at common law, the legal title is in the mortgagee, but it is a legal title
of a peculiar character. In the first place, it is a base or determinable fee, which comes to an end absolutely as soon as the debt secured by it is paid or barred by limitation. The mortgagor's legal
estate is then as if the mortgage had never been. Again, althoug)1
the legal title is in the mortgagee, nobody except the mortgagee is
allowed to say so. After default the mortgagee may sue the mortgagor in ejectment and his legal title will prevail, but if the mortgagor brings ejectment against a trespasser the defendant cannot
say that the legal title is outstanding in the mortgagee. This is true
notwithstanding the rule that the plaintiff in ejectment must recover on the strength of his own title and not on the weakness of
the defendant's title. Generally speaking, the defendant in an ejectment suit, even though he has no title himself, can defend successfully by showing that the plaintiff does not hold the legal title; but
if the defendant attempts to show that the legal title is in the mortgagee he will be told that it is none of his business. This is explained by saying that as between mortgagor and mortgagee the
latter has the legal title, but that the mortgagor has the legal title
as against the rest of the world. Then, again, although the legal
title is in the mortgagee, he cannot maintain ejectment upon it until
the condition of the mortgage is broken, that is to say until default
has been made in paying the debt or an instalment thereof, or in
performing some other condition expressed in the instrument. This
peculiar doctrine is due to exceptions that have been grafted by our
Supreme Court on the common law rule that the legal title must
always prevail in ejectment, and that if the defendant has an equitable defence he must resort to equity for an injunction against the
prosecution of the suit. At an early day our Courts decided that a
person who has contracted to buy real estate and has been put in
possession under the contract can defend an action of ej ectment

�THE LAW

SCHOOL.

23

although the vendor has the legal title. At common law his only
remedy would have been by a bill in equity to enjoin the action,
but our Court has seen fit to allow some equitable defences to be
interposed in the ejectment suit itself. This is an anomalous doctrine, and creates much uncertainty in the law. There is no way
of determining just what equitable defences will be sustained and
what will not. The right of a mortgagor to defend an ejectment
suit brought by the mortgagee before default is a phase of this
doctrine.
"2. The Nature of Trust Deeds. Nine-tenths of the foreclosures in Chicago are of trust deeds rather than of mortgages
strictly so-called. The only difference, however, is that a mortgage conveys the estate to the creditor himself while a trust deed
conveys it to some one else for his benefit. A trust deed given to
secure a debt is in legal effect a mortgage, and what I have to say
about mortgages is equally applicable to such trust deeds. When I
speak of a mortgagor I mean also the grantor in a trust deed of
this character, and when I speak of a mortgagee I mean to include
either the trustee in a trust deed or the holder of the notes secured
thereby or both.
"3. Different Methods of Foreclornre. The main subject of
this address is the ordinary foreclosure in equity, where the property is sold by an officer of the court to the highest bidder, allowing the mortgagee a certain time for redemption from the sale.
There are, however, various other methods of foreclosure recognized by law.
"(1. ) There is the old method of scire facias, which was generally adopted in the early history of this state. This is in the
nature of an execution sale based on the record of the mortgage.
The remedy has become practically obsolete, although perhaps without sufficient reason. The bar in general is not familiar at thepresent day with foreclosure by scil-e facias, and there may still
be cases· where it could be adopted with great advantage. A lawyer
who has many mortgages to foreclose would do well to make a
study of this subject.
"(2.) Some thirty years ago a large majority of mortgages
or trust deeds were foreclosed under powers of sale without auy
resort to the courts. This method of foreclosure was abrogated by
statute in 1878 and no mortgages or trust deeds made since that
date can be foreclosed under powers of sale. This subject, there fore, is of interest only to the examiners of abstracts of title or to
the student of legal history.
"(3.) After default a mortgagee has a right to take possession and collect the rents and income of the property until the

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mortgage debt is satisfied. He may take possession peaceably without process of law or may obtain possession through an ejectment
suit. This method of foreclosure, however, as an independent
remedy is not to be recommended, since the position of a mortgagee
in possession is one of the least enviable that can be conceived.
He is held strictly to account for hi s acts and doings, and the
accounting is a difficult and precarious matter. An ejectment may
be a good remedy to bring a negligent mortgagor to terms, or it
may be useful as an adjunct to a foreclosure suit.
" ( 4.) A strict for eclosure is a proceeding in equity to foreclose without the formalities of a public sale. The theory is that
the mortgagee has the legal title and that in order to confirm his
title he merely needs a decree cutting off the right of the mortgagor to redeem. This is done in an ordinary foreclosure suit by
public sale, but if the mortgagor is insolvent and the mortgaged
premises are worth less than the indebtedness the creditor may file
a bill for strict foreclosure and obtain a decree cutting off the
equity of redemption and making his own title absolute. He must,
however, both allege and prove the insolvency of the mortgagor and
the inadequacy of the security, and he is moreover obliged to take
the property in full satisfaction of the debt. This remedy may
sometimes be adopted to advantage, but is not very often resorted
to.
"(5.) There remains the ordinary foreclosure in equity, involving a public sale with a right reserved to the mortgagor to
redeem within a twelvemonth thereafter and a further right reserved to judgment creditors to redeem within three months after
the expiration of the first year.
"4. Preliminary ·Considerations. When you have decided that
a foreclosure is necessary, it is often advisable to file a short bill
at once and an amended bill later. This is expedient only when
some defensive tactics may be anticipated. If the mortgagors have
abandoned hope of saving their property you can make all your
preparations and file a complete bill in the first instance, but when
the mortgagor is playing for time or endeavoring to put the creditor off and take any advantage that he can, it behooves you to be
cautious in your dealings with him. If a foreclosure has been
threatened and subsequent negotiations have taken place, you are
very apt to be confronted with evidence of promises and representations that you never dreamed of making. A mortgagor always
lives in hope of better times and thinks that he will be able to ·save
or sell his property if allowed sufficient grace. His hopes are almost
always illusory, and it is seldom that any indulgence extended to
him will afford him any permanent relief from his embarrassments.

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When you finally decide to foreclose, however. he is pretty sure to
nurse a grievance, and if he has the advice of ~ome sharp practitioner at the bar you will need to be cautious. If he is allowed to
talk at all with you or your client, he is apt to maintain afterwards
that a binding agreement has been made to extend the loan, or in
case only an instalment of interest is due and not the principal,
he may assert that he has tendered the interest. When you decide
to foreclose, be sure that your client has made no pledges, and
then proceed at once.
"I was once defeated in a case which illustrates the impossibility of guarding against such testimony. The principal indebtedness had been declared due by reason of default in payment
of an interest note. The mortgagor was informed that it had been
declared due. He came to the trustee, at whose office the debt
was payable, and expressed his hope of paying off the indebtedness.
Finally he came in and said he wanted to pay the interest note. He
was informed that he could do so, but that the principal would
still remain due and must itself be paid. He did thereupon pay
the interest note to the trustee, who cancelled the note and in his
presence wrote on it a statement that payment was accepted without
waiving the maturity of the principal, and the note with this annotation was then and there delivered to him. Upon his refusal to pay
the principal an ejectment suit was brought. He testified in substance that he supposed the forfeiture was waived and the principal note reinstated according to its original terms. The court
refused to admit in evidence the memorandum on the note because
it did not appear that he had assented to it. The jury found a
verdict for the defendant, as they always will in such cases, and
the Supreme Court held that the question of waiver was one of
fact upon which the verdict was final.
"While I am on this subject I may remark that perjury is of
two kinds. On rare occasions an interested witness will deliberately invent a story without any foundation whatever and tell it
on the witness stand. Such instances occur, but they are infrequent. The other kind of perjury occurs when a witness who is
greatly interested in establishing a point dwells upon it until he
succeeds in half convincing himself that what he wishes to be true
is true. He distorts and perverts the truth and knows at the bottom of his heart that he is not telling the truth at all, but he
manages to justify himself to his own conscience in various degrees.
This kind of perjury happens every day and is the chief cause of
conflicts in testimony.
"I remember one case in my own foreclosure practice of perjured testimony deliberately invented. I was foreclosing a trust

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deed for a large amount. The mortgagor, after executing the trust
deed, had sold the equity to a speculator named Brown, who was
trying to collect the rents as long as possible without paying any
interest. Finally the holder of the principal indebtedness declared
it due by reason of default in the payment of interest as the note
and trust deed provided he might. A foreclosure suit was commenced and the case was referred to a master in chancery, whereupon Brown appeared as a witness in his own behalf and told the
following story: He testified that before the foreclosure suit was
started the creditor had sent to his office an agent, whom I will
call Harry Wilson, to demand payment of a balance of $1,050 remaining due on the interest note. Wilson produced the note and
presented it to him for payment, whereupon he opened a drawer
and took out $1,050 which he happened to have on hand as the
proceeds of a loan paid that day at his office. This cash he held
out to Wilson, who refused to take it on the ground that there
was some insurance premium that ought to be paid besides. Brown
testified that this interview took place in the presence of another
man named Higginson, who was also produced as a witness and
corroborated Brown's story. The hearing before the master was
postponed for a considerable period, during which, by one of those
strokes of luck which seem almost providential, it was finally discovered that Harry Wilson, the man to whom the tender was said
to have been made, was an old acquaintance of Higginson and that
they had in previous years belonged to the same club. The matter
was set down for further hearing before the master in chancery
and Higginson was recalled to the stand for further cross-examination. He sat facing me with his back to the door. He repeated his
story of the alleged tender of the cash to Harry Wilson, and was
asked whether he had ever seen Wilson before. He replied that he
never had to his knowledge. At that moment Wilson walked into
the master's office behind Higginson and came up and stood beside
him. Higginson looked up and said: 'Hello, Harry!' The subsequent details need not be followed, but both Higginson and
Brown were indicted for perjury and Brown was sent to the penitentiary. Higginson was allowed to go after making a full confession. The story of the tender was made up out of whole cloth,
and in order to show how Brown came to have so much cash on
hand a spurious note was drawn up, due by its terms on the day
when the tender was said to have been made, and the whole comedy of the tender was rehearsed twice in Brown's office.
"These personal reminiscences may seem like a digression, but
since I am on the subject of tenders, I will add that real tenders are
rare. Spurious tenders are pretty common and you need to be on

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your guard against them. A question of tender usually arises when
there is some dispute between the parties about the amount due.
The mortgage debtor may owe $2,500 which he cannot pay, while
the creditor may claim that he owes a further sum of $100 for expenses incurred under the mortgage. The debtor, while he cannot
pay either $2,500 or $2,600, may be very anxious to make it appear
that he offered to pay the smaller sum. Theoretically a tender has
to be made in cash and without conditions, but this theory is complicated by the doctrine that the actual cash need not be produced
when the creditor has already stated or shown by his conduct that
the money would not be accepted. When a mortgagor does, however, undertake to make a tender he seldom does it unconditionally
as the law requires. Nine tenders out of ten have strings to them.
I remember a man coming to my office with his lawyer and saying
he was ready to pay some mortgage notes which I held for collection. He claimed there was $1,500 due, and I claimed there was
about $50 more, but I was not prepared to refuse the smaller sum
if it was tendered to me. He took his cash and counting it out
asked me if I had the note. I said I had. He then held the money
out to me and said: 'I hereby tender you this $1,500.' 'All right,'
I said, and reached out my hand for it, whereupon he drew it back
in great haste. He wanted to know whether it was accepted in full
and wanted various other assurances. I told him a tender must be
unconditional, and that when a tender was made I would decide
whether to accept it or not. He again held it out to me and I
again attempted unsuccessfully to take it. This happened several
times, until his lawyer concluded that th ey were not ready to make
a tender after all.
"In one instance within my knowledge the party making the
tender did not come off so well. A ten thousand dollar loan fell
due at the office of a trustee, who claimed some small additional
sums on account of expense incurred by him under the trust deed.
The mortgagor secured a lawyer, who went with him to the trustee's office and told the trustee he was going to tender the amount
they admitted to be due. The trustee called his attention to the
fact that the debt was payable in gold coin and advised them, if
they intended to make a tender, to be sure they made a legal one.
The lawyer intimated that he thought he knew what a tender was.
He went out with his client and after about an hour came back
with some bags of gold from which the ten thousand dollars was
duly counted down on the counter. 'There is your ten thousand
dollars,' said the lawyer. 'All right,' said the trustee, and opening
a drawer under the counter swept the gold in and closed and locked
the drawer, asking whether he should cancel the notes. The attor-

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ney looked on these proceedings with dismay and after a short interval threw up his hands and said to the trustee, who in fact was
a personal acquaintance of his: 'Good God, Jim, don't do that!
The clerk of the bank from whom I got this gold is outside. The
bank only let us have it on my personal assurance that we would
not want it for more than an hour at most.' The matter was settled by the trustee getting the extra items which he claimed.
"The moral of these digressions, if they had any, would be
that after it is decided to foreclose a mortgage or trust deed you
had better complicate the situation as little as possible.
"5. Declaring the Principal Due. In many cases default is
made in the payment of interest notes before the principal is due,
but mortgages and trust deeds now almost universally provide that
upon default in the payment of interest the principal may be declared due at the option of the creditor. When you ar.e called upon
to collect an interest note, therefore, you must consider whether you
wish to declare the principal due or foreclose merely for the interest. Ordinarily, unless the security is ample, the principal should
be declared due, in which case to avoid any possible question it
is well to have the holder of the principal note sign a paper expressly declaring it due. Foreclosures for the overdue interest alone
have become more common of late, and raise interesting questions
which I have not the time to consider.
"6. Parties. The most important point in foreclosing is to
be sure that you get in all the necessary parties. Carelessriess in
this respect is disastrous. You may have conducted a foreclosure
to an apparently successful conclusion, and when it is all over and
the abstract of title brought down it will be found that some one
who would have a right to redeem from the sale has not been cut
off and that consequently the title is not clear. This may necessitate doing the work all over again at a large expense.
"In theory of law the only proper parties defendant to a foreclosure suit are the mortgagor and those claiming rights un der !..
arising after the mortgage attached to the premises. If, after mortgaging the land, he has conveyed it, the purchaser must of course
be a party, and creditors who have recovered judgment against tht'
owner of the equity after the mortgage lien attached must be made
parties. As a practical proposition you can sometimes clear up
defects antedating the mortgage. This is contrary to theory, because a foreclosure suit is in contemplation of law intended only
to cut off the equity of redemption and liens attaching to it subsequent in date to the mortgage lien. The Courts have often said
that a foreclosure suit cannot be used to litigate adverse titles or
claims antedating the mortgage. Nevertheless, if you do make an

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adverse claimant a party, inserting the proper allegations in youi;.
bill, and the adverse claimant either makes default or comes in and'
tries to prove his title, a decree against him may cut off his rights.
He may, if he chooses, come into the suit and plead that he is not
a proper party and so have the suit dismissed as to him, but if he
does not take this course he may be concluded by the decree. An
abstract of title often shows some formal defects by reason of
which certain parties might possibly claim an interest in the land,
although in fact they have no real or substantial interest. Most
lawyers, in foreclosing a mortgage, do not consider it necessary to
examine 1.he title back of the moregage, but a careful practitioner
will examine the entire abstract and note all defects in the title, so
that if his client buys in the property at the sale and becomes the
owner he can be informed just how good a title he has. If you
have examined the abstract you may find some defects which can
practically be cleared up in the way I have indicated, although they
do not fall theoretically within the scope of a foreclosure suit.
Even a tax title may sometimes be quieted in a foreclosure suit.
"It is very often found in foreclosing a trust deed that there is
a junior trust deed securing negotiable notes. It is necessary to
make the trustee under such trust deed and the holders of the notes
secured thereby parties to your foreclosure suit; otherwise they will
still have the right to redeem. You can not always learn who owris
these notes, and a common course is to make the holders parties by
the name 'unknown owners,' as the statute provides may be done.
They cannot be served with summons and are notified of the pendency of the suit by advertisement. This course is not altogether
satisfactory, since parties who are served only by publication and
have no actual notice may come in and upon good cause shown
have the decree set aside long after it has been entered. You
should if possible find out who actually owns the notes, make him
a party by name and subpoena him to produce the notes before the
master. They should be offered in evidence and marked as exhibits in the cause.
"Aside from what the abstract of title shows, it is necessary to
make a careful examination of the premises and ascertain who is in
possession. All persons in actual possession of the premises or any
part thereof must be made parties; otherwise you are in peril of
finding that they have some interest in the land which does not
appear of record. Some old woman occupying a single apartment in
a large building tnay hold an unrecorded deed to the premises and
if you do not make her a party her title will prevail, since actual
possession is as good notice to the world of a man's rights as the
recording of his deed.

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"With reference to the settlement of parties, it is important to
observe that all parties having an interest at the time the owners
of the equity of redemption are served with process must be brought
into the suit. You may have your abstract brought down and examined and then file your bill, and yet after the commencement of
the suit the parties appearing from the abstract to own the land
may convey it to some other person. If such conveyance is made
before the apparent owners are served with summons or notified by
publication the title of such purchaser will prevail over the title
obtained in your foreclosure proceeding. As soon as a defendant is served with process he comes under the law of lis pendens
and any conveyance made by him thereafter will be subject to the
decree, but until he is so served with process this rule does not
apply. Consequently it is necessary to start your suit and get service on the owners of the equity before you have your abstract
brought down. In a foreclosure involving a large amount it may
be desirable to have the abstract brought down before commencing
suit and then have it continued after lis pendens is obtained. A
usual method is to obtain from the abstract company what are
called pencil minutes for a continuation of the abstract before the
bill is drawn, and then have the abstract formally continued after
process is served. This is tolerably satisfactory. Another way is
to file a bill against such parties as you think own the equity an d
after serving them have the abstract brought down to cover th e
date of such service. Any new parties disclosed can be added by
amendment.
"7. Expenses. Before drafting the bill it should be ascertained
what expenses, if any, your client has incurred which are secured
by the terms of the trust deed. This is an important consideration. The object of a mortgage or trust deed is to indemnify th e
holder against all expenses. He makes an investment perhaps of
$5,000 at five per cent and he expects to receive that amo·unt net.
He is certainly entitled to do so. It often happens, however, that
in case of foreclosure a large amount of expense is necessary which
he cannot get back. This is obviously unjust. The measure of
his security depends largely upon the terms of the mortgage or
trust deed which he holds. This is a point which the investor does
not usually consider. If a loan is brought to you to foreclose, you
are at the mercy of the parties who drafted the papers. If, however, you represent a mortgage bank and are likely to have many
foreclosures coming from them, you are in a position to suggest or
deteqnine the form of papers to be used. If it falls to your lot
to draft a form of trust deed, you should give special attention to
the provisions securing all expenses that may be incurred by the

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trustee or legal holder of the notes by reason of their being such.
It often happens that they are made parties to some other litigation
and are obliged to incur court costs and attorney fees to protect
themselves. All of these expenses can be secured by the trust deed
if it is properly drawn, and there should be an ample provision for
solicitor's fees in case of foreclosure, so that if the holder is
obliged to foreclose the fees he pays his lawyer may be made a lien
on the ·property. If he has to bid in the property and take it in
the end, this is not material, but if redemption is made he will only
get back the amount that has been made a lien on the premises.
It is well, also, before filing a bill, to see that the taxes are paid, and
if not, to pay them, so that you can claim a lien for them in the
bill. Expenses secured by the trust deed and incurred prior to the
filing of the bill should be alleged therein, and the bill should also
ask t~ have any expenses incurred during the progress of the suit
included in the accounting. Otherwise it might be necessary to
file a supplemental bill in order to have them allowed.
"8. Drafting the Bill. After all these preliminaries are settled
you are ready to draft the bill. There are printed skeleton forms for
foreclosure bills, but it is safe to avoid them. Little need be said
of the frame of the bill. The notes and trust deed or mortgage
should be fully described and the ownership of the paper clearly
alleged. If the principal has been declared due for default in interest that fact should be stated. The expenses should be set up and
a claim made for solicitor's fees, and the provisions of the trust
deed and notes should be alleged so far as pertinent, although if
copies are attached as exhibits and made part of the bill they will
supply any defects in this particular. Parties should be carefully
named, and a receiver should be prayed for if receivership is desired. The bill need not be verified unless a receiver is asked for.
"9. Insurance. When the bill is drafted and filed, the first thing
to do is to revise the insurance policies if there are any. The matter of insurance is often too much neglected in foreclosure proceedings. The policy very probably may provide that it shall be void
in case foreclosure proceedings are begun. As soon as your bill is
filed your client is in that case without insurance. The policies
should be sent to the insurance agents at once and a note made
upon them accepting notice of the foreclosure proceedings. If
such notice is accepted and the insurance companies do not object.
they will waive their rights to declare the policy void because of
the commencement of the proceedings.
"10 Service of Process-The next step after filing the bill
is to get the defendants into court. Do not leave these matters to
clerks of court and sheriffs. Get blank forms of summons from the

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clerk and make out the summons yourself, leaving only the signature and seal of court to be affixed. Then you will have it right.
Otherwise you may not. After the summons is given to the sheriff
to serve, with the address of the parties, you can attend to the publication of notice against non-resident defendants if any, but if
there are only a few non-resident defendants it is often cheaper and
always more satisfactory to have them served with a copy of the
bill, as provided by the Chancery Act. If you have no correspondent in the place where the parties live, the sheriff of the county will
transact the business satisfactorily. The statute provides in effect
that service of a copy of the bill upon a non-resident defendant
shall have the same effe::t as personal service of a summons. This
is not strictly true, however, since you can take a personal deficiency
decree against a party who is served with summons but not against
a party served with a copy of the bill in another jurisdiction.
Nothing but personal service will warrant a personal judgment.
Any other construction of the statute would be contrary to the
constitution of the United States.
"11. Possession. As soon as your suit is under way the question of taking possession of the premises should be considered.
Possession is desirable for various reasons. If there is any question
about the sufficiency of the security it is important to seize the
rents of the property as soon as possible, but even if not, possession is of great advantage. In the first place, when you come to
take possession you find out whether there are any occupants claiming an interest in the property whom you have missed. They may
hide until you come to put them out or make them pay rent but at
that time they will show their hands. Then, again, if the owners
of the property are in possession and find they are· going to lose
it, they will not only neglect to repair it, but will sometimes tear
it in pieces for kindling wood or even maliciously destroy it. There
are good mortgagors, but a great many are bad. If you cannot take
possession by agreement there are two ways by which you can get
it; either through a receivership or through an ej ectment suit.
"Whether you can get a receiver may depend largely upon
the terms of your trust deed. If it does not provide for the appointment of a receiver, you will still be entitled to a receiver if you
can show that the mortgagor is insolvent and that the premises are
inadequate security, but both of these facts must combine. Inadequacy and insolvency should be alleged in the sworn bill and the
Court will hear affidavits from both sides on these points. Nowadays, however, the great majority of mortgages and trust deeds
provide that upon filing a bill the Court may or shall appoint a receiver, and this gives the Court power at least to appoint a receiver

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without any showing of insolvency or insufficient security. The
Appellate Courts have said, indeed, that the judge is bound to appoint a receiver when the mortgage contains such a provision, but
this is not strictly true. The Courts still have some discretion
in the matter, and in fact the different judges in Cook County by
no means agree in their application of the law. Some chancery
judges will appoint a receiver on the ground that the parties have
It is important,
contracted for one, and other judges will not.
therefore, if you want a receiver, to take care that your bill comes
before the right judge. This can be lawfully regulated in Cook
County by choosing between the Circuit and Superior Courts, and
it can be unlawfully regulated in the particular court by seeing that
the bill is filed at the right moment so that it will be assigned in its
regular order to a particular judge. When I say ' unlawfully,' I
do not mean illegally, but in a manner not recognized by law.
"If you cannot get a receiver or think it doubtful policy to apply for one, you can bring an ejectment suit concurrently with the
foreclosure suit. The mortgagee may pursue at the same time his
various remedies by suing at law on the indebtedness and prosecuting an ejectment suit for possession and foreclosing in chancery. An
ejectment suit on a mortgage or trust deed can in this county be
placed on the short cause calendar and theoretically at least a
speedy trial can be had. Ejectment suits of this character were
almost unknown or at least very seldom prosecuted in this county
until within the last few years and most of the judges on the bench
were formerly surprised when a case of this kind was brought
before them. The remedy in the minds of some judges savors of
oppression, and the Courts were formerly averse to allowing it. I
placed one ejectment suit on the short cause calendar and the judge
declared that he would not hear it until after the foreclosure suit
was decided. I began to prepare a petition for mandamus to compel him to try the suit, but on further investigation I concluded
that as both suits were pending in the Circuit Court though assigned
to different judges, the Court had some discretion about the order
in which they should be heard. I therefore abandoned the proceeding, but determined in future to bring ejectments in the Superior Court when I had a foreclosure suit pending in the Circuit
Court and vice versa. In that case I think a judge could be compelled by mandamus to hear an ejectment suit in its regular order.
As the bar and the bench have become familiar with these ejectment suits the prejudice against them is subsiding, especially as the
Supreme Court has recently in several cases decided explicitly that
such suits can be maintained.
"12. lssite and Reference. After filing the bill and attending

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to insurance and possession, the next stage is to get it at issue.
When the summons is returned into court, examine the returns of
the sheriff with great care, as jurisdiction of the parties depends
upon them. Be sure that the returns are all correct, and if not,
have them amended, and if there is any doubt about the legality
of service on any of the defendants sue out an alias summons. If
the parties have been served by publication, examine the notice and
certificates carefully, and then, when you are sure that all the parties
are duly in court and those who appear have answered and replications have been filed, take the proper defaults and have the case
referred to a master in chancery. Such a reference is usually necessary, although if some of the parties have appeared and those
who have appeared are willing to agree upon a decree, the chancellor will usually enter such decree, thus avoiding the expense of a
reference.
"13. Proceedings Before the Master. When the case is before
the master, the proofs must be submitted, including the production
of the original papers and proofs of expenses incurred. If there
are taxes overdue, they should be paid by this stage and proved
up. If the trust deed mentions a stipulated sum for solicitor's fees,
it may still be expedient to give some proof as to what would be a
reasonable fee. Some chancellors are reluctant to allow a solicitor's
fee without such proof, and if the trust deed merely provides for a
reasonable fee, proof must be given by expert lawyers as to what
is reasonable, and what is a usual and customary fee in the case.
When the complainant's proofs . are in and a rule entered on defendants who have appeared to close their proofs and all the evidence is concluded, the master makes his report. If any objections
are filed they must be disposed of by the master. Where there are
such objections the master's report should be filed in court and a
rule obtained on the objecting parties to file their exceptions, which
are usually a repetition of the objections filed before the master,
but in order to be heard, exceptions must be filed in court as well
as objections before the master. The exceptions will be argued
before the Court, and when they are all disposed of you are ready
to draft the decree. Usually the master is asked to approve the decree in default cases, and when so approved the Court will in most
cases enter it without examination.
"14. The Decree. The drafting of a decree is perhaps the
most important part of a foreclosure suit. There are forms to be had
of the clerks of the court, which may be used as suggestions, but
should not be followed without great caution. To show the importance of a decree, a few words are necessary in regard to its
effect. A party in whose favor a decree is entered is bound to pre-

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serve the evidence on which it is based. This may be in the form
of a master's report but if a decree in chancery is entered for the
-payment of a sum of money or for other affirmative relief, and the
record does not show the evidence on which it is based, the party
against whom it is rendered can have it reversed. Under the decisions in this State, however, the evidence may be preserved in the
decree itself and the recitals in the decree are sufficient evidence
of the matters therein stated. It is of the utmost importance, therefore, to recite in the decree itself all the facts necessary to support
it. The findings of the Court should be full and circumstantial.
It is a careless way with many lawyers simply to rely on the
master's report and to find that so much money is due, but the files
of the court are often mislaid, occa·sionally stolen, and sometimes
destroyed. The record books, however, in which decrees are entered are very unlikely to be destroyed or lost unless the court
house is burned or swallowed up by an earthquake. The decree
should be so drawn that if every other document connected with the
suit was lost the title depending on that decree would be good. The
findings of the decree may, moreover, remedy defects in the proceeding itself. The decree should particularly find that the court
has jurisdiction of all the parties to the suit. This finding will prevail in a collateral proceeding even if untrue. The sheriff may, in
fact, have served the wrong party or his return may be bad. The
court may not, in fact, have jurisdiction of one of the defendants
at all, for some reason which has escaped notice. Yet, if the decree finds that the court has jurisdiction of that person and a title
is acquired by a stranger to the suit on the faith of the decree, the
recital can never thereafter be contradicted. A purchaser who buys
property relying, or being entitled to rely, on the jurisdictional
recitals of a decree will be protected thereby. Here comes in the
important distinction between direct and collateral attack. If the
decree finds that a defendant has been served with process when he
has not, he may come in and appeal from the decree or sue out a
writ of error. This is a direct attack upon the decree, and if he successfully contradicts the finding of the court that he was served
with process he may have the decree reversed. Even then, however,
if there has been a sale under the decree before proceedings were
taken to recover it, and a person not a party to the suit has bought
the property, the purchaser's title will be perfectly good in spite of
the reversal cf the decree upon which it is based. He was entitled to
rely on the terms of the decree, and any attack upon it is as to I-iim
collateral. This distinction is of the utmost importance in real estate matters. If your decree contains particular findings, any future
purchaser is protected by it, no matter how erroneous those findings
are.

�36

NORTHWESTERN UNIVERSITY.

"In view of the importance of the decree the greatest care
should be exercised in drawing it. This is the time to review the
entire proceeding and check 'Up all the descriptions and other details to see if any error has crept in unawares. I know of some
careful practitioners who have decrees drafted by a lawyer who up
to that time knows nothing of the proceedings. They think that
errors may escape the most careful scrutiny, and that when a man
has once overlooked a point, his mind moves in the same groove
and he will overlook the same point again. Hence they deem it
necessary to invoke the services of a fresh mind in drafting the
decree, and in reviewing the whole proceedings at this stage.
"15. The Sale. When the decree is entered it may be advisable to have the abstract of title brought down to show the entire
foreclosure proceeding. This depends upon the amount involved,
as it may not be desirable to pay for a continuation of the abstract
if the amount is small. The decree directs a sale of the property,
usually by a master in chancery, who will attend to advertising the
property, but you should examine the advertisement yourself and
see that it is right. The master will also furnish you with a statement of the exact amount that is necessary to bid at a sale in order
to satisfy the decree, including his own charges and the costs. This
should also be checked up, as the master is liable to make mistakes.
Your client should decide in apt time how much he will bid at the
sale. This depends upon a variety of considerations. In practice
there are seldom any bidders except the complainant in the foreclosure suit. He will rarely bid more than the amount required to
satisfy the decree. If he does bid more, he will be bound to pay
the surplus in cash and it will be turned over to the mortgagor.
Theorefically he should bid the value of the property; practically
he never bids more than is necessary to protect himself. While,
however, he will not bid more than the amount of the master's statement, it is often advisable to bid less. If the property is vacant,
the full amount should be bid, unless the security is inadequate; in
which case the bid should be measured by the value of the land.
The insolvency of the mortgagor, who is personally responsible for
the indebtedness, is also an important consideration. He is generally insolvent; but, if not and the amount bid at the sale is less than
the amount necessary to satisfy the decree, you can take a personal
judgment against him for the balance, provided he has been personally served wi-t h process. Again, it may be desirable for you to keep
possession of the premises after the sale. This you cannot do unless there is a deficiency, but if there is a substantial deficiency you
can keep possession, or take possession for the first time, through
a receivership. Having decided how much to bid, you should attend the sale and be ready to bid off the property.

�THE

LAW

SCHOOL.

37

"After the sale the first thing to attend to is the insurance, which
is frequently neglected at this stage as at others. The insurance
policy, if in proper form, insures the mortgagor, with a clause making the loss payable to the mortgagee according to his interest.
The common method after a foreclosure sale is to take the policy
to the insurance agent and have him insert a clause recognizing the
sale of the premises. The popular idea that this sufficiently protects
the mortgagee who has bid in the property is a mistake due to a
misapprehension of the effect of foreclosure sales.
"The importance of understanding the exact effect of a foreclosure sale is such that I will say a few words about it, and then
apply my remarks to the case of an insurance policy. If a stranger
appears at the sale and bids in the prope:ty for less than the
amount of the indebtedness, it is recognized that the mortgagee who
is foreclosing has a personal claim against the mortgagor for the
deficiency, and that the purchaser has an independent interest under
his purchase. The fact that these interests are equally independent
when the mortgagee himself becomes the purchaser is not generally
recognized by beginners. The effect of the foreclosure sale is to exhaust the lien of the trust deed or mortgage and to extinguish completely the estate of the trustee or mortgagee. The mortgage or
trust deed is fimctus officio, and the lien which the mortgagee had
under the trust deed is transformed into a statutory lien independent of the mortgage. This is to some extent recognized when a
stranger purchases the property, but it is just as true when the mortgagee does so. After purchasing at the sale he ceases to be a mortgagee at all. All he holds is a lien on the property for a specific
amount, the nature and effect of which are determined entirely by
the statute, which gives the parties in interest a certain time to redeem from the sale and provides that, if they do not so redeem, a
deed shall issue conveying the absolute title to the holder of the
certificate of purchase. Where the mortgagee becomes the purchaser and also takes a deficiency decree against the mortgagor, it is
important to bear in mind his dual character.
"To apply this distinction to insurance policies, which have usually been paid for by the mortgagor, it should be borne in mind that
the mortgagor has not contracted to pay for insurance upon the
interest of purchasers at foreclosure sale. When he paid the premiums he doubtless authorized the insertion in the policy of a clause
protecting the mortgagee in case of loss, but if after sale you take
the policy to an insurance agent and have it changed so as to protect the purchaser, or the mortgagee in his new capacity as purchaser, you are perverting the policy to a use for which the mortgagor did not pay. The mortgagor who has paid for a policy owns

�38

NORTHWESTERN UNIVERSITY.

it subject to the rights of the mortgagee, and if after a foreclosure
sale there should be a loss he would have the right to insist that
the insurance money be paid to him and not to the purchaser whom
he never agreed to indemnify. The only safe way to protect the
interest of your client who has purchased the property is to take out
new insurance covering his interest or else get the mortgagor's authority to change the old policy.
"After the sale the master will issue a certificate and send you a
report of sale and distribution of the proceeds. Then the master's
fees are to be settled and various expenses paid, and as you have to
call upon your client for these items, it is a very opportune time to
collect your own fees, if you have not done so before. The master's
report should be taken into court and confirmed, and the order of
confirmation will cure all minor irregularities in the sale.
"You should then make a note in your diary of the date fifteen
months after the sale when the period of redemption expires, so
that the deed will not be overlooked. If the property is vacant your
client might suppose he was the owner of it and might forget to
take out a deed, and if he did forget for five years after the expiration of the period allowed for redemption the consequences
would be disastrous. The foreclosure sale exhausted his mortgage
lien entirely and substituted for it a statutory lien, which expires at
the end of five years unless a deed is taken out, so that if he neglected to take out the deed for this period he would have absolutely no
interest in the land and no security whatever. The consequences
of neglect to take out a deed are forcibly illustrated by the remarkable and instructive case of Lightcap vs. Bradley, recently decided
by the Supreme Court.
"16. Redemption Period. After the foreclosure sale a receiver
can be secured if there was a deficiency, even though no receiver had
been applied for before. The fact that the land failed at the sale to
bring the full amount of the decree is accepted by the Court as
conclusive evidence that the security is inadequate, notwithstanding
the fact that it is really no evidence at all. The only way in which
possession can be retained during the redemption period is through
a receivership. If you are in possession under an ejectment suit, it
is highly advisable to get out as soon as a foreclosure sale has taken
place. The right to collect the rents under the terms of the trust
deed ceased when that instrument was exhausted by the foreclosure
sale, and it is only through the general equitable powers of the
court that the rents can be collected during the redemption period.
If they should be collected without a receivership, it is probable
that the mortgagor could compel the party collecting them to refund.
The purchaser must protect himself during the redemption period

�THE LAW SCHOOL.

39·

against tax sales. A receiver cannot pay the taxes after foreclosure
sale and have them allowed in his accounts. The purchaser must
pay his own taxes, but he should file the tax receipts with the master
who made the sale. If he does so file them, the statute provides that
in case of redemption the amount so paid by him shall be refunded.
"17. When the period of redemption has expired the deed should
be taken out and recorded, and if your client is ready to pay the expense, the abstract may be brought down to show the foreclosure·
proceedings and the record of the master's deed. You will then be
in a position to furnish him with an opinion of title; and if you find
that you can turn over the abstract to him with an opinion showing·
that he has a title in fee simple, clear of incumbrances, you will
have discharged your entire duty and may consider yourself a for-tunate man,-especially if your fees have been paid."

��NORTHWESTER:-/ U:-/JVERSITY BUILDING, LAKE AND DEARBORN STREETS

�LIBRARY (WEST AISLE). THE GARY COLLECTION OF CONTINENTAL JURISPRUDENCE IS
PLACED IN THE SOUTH AISLE ,

�v.

DENTAL SCHOOL
CHICAGO
Olfers a four years' course leadini: to the degree of Doctor of Dental Surirery. The
facilities for the practical and theoretical instruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the
students and instructors, The attendance during the last year was 625. It is the
larirest University Dental School in the world.
For further information, address Northwestern University Dental School,
Northwestern University Building, Corner of Lake and Dearborn Streets , Chicago.

VI.
SCHOOL OF MUSIC
COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretical study of Music, and is designed
to prepare students for the profession as composers, theorists, artists, teachers, or
critics. It a lso makes provision for the study of Music as a part of general culture or
as an accomplishment. It offers three or four year courses leading to an appropriate
decree in Music.
For further information, address School of Music, Evanston, Illinois.

VII.
SCHOOLS OF THEOLOGY
EVANSTON
The Garrett Biblical Institute, open to all young men from any evangelical
church, who are properly recommended as candidates for the Christian ministry,
offers a three years' course arranged for classical graduates of approved colleges,
leading to the degree of Bachelor of Divinity; also a four years' course open to collei:;c graduates, leading to the degree of Doctor of Philosophy.
The Norwegian-Danish Theological Department, established to prepare men for
the ministry among the Norwegian and Danish people, offers its students an opportunity to pursue their theological studies in the English, Norwegian, and Danish
languages.
The Swedish Theological Seminary, organized to meet the increasing demands
for educated pastors and missionaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further information, address the respectivo schools, Evanston, Illinois.

VIII.
ACADEMY
COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses preparatory to colleee and practical life. The
proximity of the college department with its many facilities constitutes a 1&lt;?reat advantage to the Academy. Young men and women will find here opportunity to prepare for any college in the country.
For further information, address Northwestern University Academy, Evans ..
ton, Illinois.
A second Academy, under the name of Grand Prairie Seminary, is maintained by
the University at Onare-a, Illinois. Special facilities are afforded for preparing for
college or technical schools, or other hi2"her institutions of learning. The location in
a small town makes it possible for the authorities to offer low rates of tuition and
board, An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinois.

IX.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all dep a rtments of the University except the Medical
School on substantially the same terms as men.
For further information as to the Residence Halls for Women, address Dean of
Women , Willard Hall, Evanston, Illinois.

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                <text>SERIES II AUGUST       NUMBER NORTHWESTERN UNIVERSITY CHICAGO EVANSTON BULLETIN OF THE SCHOOL OF (UNION COLLEGE OF LAW) FOUNDED LAW OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED Q!J AR TERL Y BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J. James  A. M.  Ph .  .  President N   University            . Four (Law  Medicine  Dentistry    Pharmacy) City   Chicago.     LAW SCHOOL CHICAGO Offers      '     Law           Bachelor   Laws Special L'B. .  Chicago Law Institute Library .  Law                    . Northwestern University Law School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago.  Northwestern University Building  Corner   Lake   Dearborn Streets  Chicago. ASSEMBLY ROOM Ii \ MEMORIAL AUTOGRAPHS. QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No.     SERIES II. AUGUST      . VIEWS OF NORTHWESTERN UNIVERSITY BUILDING AND OF LIBRARY  • Front£ VIEWS OF ASSEMBLY ROOM AND OF MEMORIAL AUTOGRAPHS OF PRESIDENT ROOSEVELT AND MR. JUSTICE Ho    Tailpt" . THE GARY COLLECTION OF CONTINENTAL LAW AND JURIS  Paee PRUDEN CE  • II. OPENING OF THE LIBRARY TO MEMBERS OF THE BAR  IO• III. UNVEILING OF THE MEMORIAL AUTOGRAPH OF PRESIDENT ROOSEVELT ON APRIL    . IV. COMMENCEMENT EXERCISES AND LIST OF DEGREES CONFERRED ON JUNE    . V. BIOGRAPHICAL SKETCHES OF ALUMNI RECENTLY ELECTED TO THE BENCH IN ILLINOIS VI. ANNOUNCEMENT OF ANNUAL BANQUET OF ALUMNI ASSOCIATION ON OCTOBER VII. ANNOUNCEMENT OF LEGAL TACTICS Co URSE FOR VIII. THE FORECLOSURE OF MORTGAGES  AN ADDRESS IN THE LEGAL TACTICS COURSE  BY W. W. CASE  ESQ. Entered     Postoffice   Chicago  Illinois          matterI THE GARY COLLECTION OF CONTINENTAL LAWS AND JURISPRUDENCE. By                   . Hon. Elbert H. Gary  '        Chicago New York          School  Continental Europe             American .    Russia  Servia  Hungary    Turkey.  Austria  Belgium  Bulgaria  Denmark  France  Germany  Greece Holland  Hungary  Italy  Luxembourg  Monaco  Montenegro  Norway Portugal  Roumania  Russia  Servia  Spain  Sweden  Sw' Turkey        .     Austrian Bohemia  Bosnia  Croatia  Herzegovina  Slavonia . Under .  Ru Finland  Esthland  Kurland  Livland Poland. Under   Swiss .   Turkish Ottoman Empire European Mussulman Mussulman            · Mohammedan      India Morocco      Oriental   European .  .   Codes . French   German   .             Supreme Courts       . One             . One   . One                  .   . All           Roman .  NORTHWESTERN UNIVERSITY. Canon .             Comparative Legislation      .         International Law   International Law Mr. Wm. Alden Fuller      Board Trustees    Professor Charles Cheney Hyde. Mr. Julius Rosenthal      Chicago Annuaire    ' Institiit . II OPENING OF THE LIBRARY TO MEMBERS OF THE BAR. With  School Chicago NORTHWESTERN UNIVERSITY SCHOOL OF LAW NORTHWESTERN UNIVERSITY BUILDING CHICAGO  ILL.            . To   Jl     /   Bar     City  / Cllicago Believing Law Institute         Bar Association ·  Chicago Law Institute. Northwestern University           Law School Law School Library                  . Northwestern University Building               . . \Yell . United States Reports          State Reports     Reporter System National Reporter System    Lawyers'Reports Annotated        Illinois Reports States     Union . Of   English Reports         Law Reports Full Reprint Reports        .   Gary Collection   Treatises  Reports Statutes     Continental Law .             Germany  France  Austria Spain  Switzerland  Holland  Italy   Belgium            European  United States.             International Law   Continental Law                     Atlantic Coast. A       $ . Si.                  . Books            . Those School. THE FACULTY OF THE SCHOOL OF LAW NORTHWESTERN UNIVERSITY School   .  III UNVEILING OF THE MEMORIAL AUTOGRAPH OF PRESIDENT ROOSEVELT. On          Assembly Room     School President Roosevelt. A Mr. Ju   Holmes QUARTERLY BULLETIN.  School . President Roosevelt   Mr. Justice Holmes . Mr. Justice Holmes . President Roosevelt West         University Committee   Invitation Hon. H. S. Boutell  Trustee     University    Hon. George E . Foss   Hon. James B. Mann        School. President           Chicago  Washington                 .  Mr. Justice Holmes . His                    N QUARTERLY BULLETIN  . Some      President Roosevelt Western              University  Evanston       University. Law School           Jose  Hon. H. S. Boutell President Assembly Room Mr. Justice Holmes. Mr. Boutell   Washington President. President     University   NORTHWESTERN UNIVERSITY. Assembly Room P. M. ( Towle        ). Mr. BouteII President .          . Towle   (   Mr. Strickland  '  ) Mr. McKinney  '            Northwestern Chapter Delta Chi            School      Assembly Room      Dutch "Presented     Law School   Northwestern University   Northwestern Chapter   Delta Chi ." . A QUARTERLY BULLETIN. • IV COMMENCEMENT EXERCISES AND LIST OF DEGREES CONFERRED ON JUNE   . On                       ' Forty   Annual Commencement     University      Chicago Auditorium. Commencement Address         Rev. Matt. S. Hughes  D. D.     Kansas City. President Edmund J. James Deans  Graduates   Music . No Founders' Day       . Bachelor Laws Block  Manfred Sickle B. ...  University   Wisconsin. Case  Charl   Center Crafts  Harry Kent A.B.  University   Michigan. Crilly  Oliver Daniel A.B.  Harvard University. Deering  Thomas Gardner Dunbar  David Owen B.S.  Cornell College  A.B.  Columbia University. Eberhardt  Alfar Maximilian Eschbach  Jesse Ernest Ph.B .  Otterbein College. Ferren  Hosea V.  Jr. Frank  Lee Julius A.B.  University   Chicago. Guthman  Roy Headen  Thomas Moulton A.B.  University   Illinois. Kahn  Julius Maurice A B.  Northwestern University. Keating  James Williams Keep  Albert Kidder  Royce Annan  Platteville  Wis. Cherry Valley. Chicago. Chicago. Chicago. Center Point  Ia. Chicago. Warsaw  Ind. Carterville. Chicago. Youngstown  Ohio. Shelbyville. Petersburg. Chicago. Chicago. Sterling. NORTHWESTERN UNIVERSITY. Knapp  William Proctor Ph.B.  Iowa College Knowlton  Clarence Elliott Kompel  Morris B.L.  Northwestern University. Kropf  Victor Gustav A.B .. Washburn College. Lamar  Clyde Park Lee  Curtis Gillmore Matthews  Jacob Scott A.B .  University   Michigan. Elias A.B.  Harvard University. McKinney  Marion Hayes Mergentheim  Morton Adolph A.B .. A. M .. University   Chicago. Mills  Matthew A.B .. Yale University. Murphy  Edward James ·McN    Donald Niles  John Addison Odell  Benjamin Franklin Jefferson O'Donnell  Thomas Vincent LL.B .. Indiana University. Peckham  John Judah A.B.  Harvard University. Phillips  Paul B. A.B .. Wheaton College. Rose  Charles George Rosenberg  Hyman Rosenstone  Bertram Vv. Schafer  Frank Boeshair .S    Joseph Laurence A.M.  University   Wisconsin. Swigert  Harry Amos Thomasson  Nelson  Jr. A.B.  Princeton University. Thomsen   Colditz  Sandor Van Voorst  Fred Welch  Robert Leslie A. B.  University   Chicago. Chicago. Rochester  Minn. Chicago. Richland  Kas. Chicago. Chicago. Chicago. Chicago. Chicago. Fort Wayne  Ind. Chicago. Evanston. Chicago. Chicago. Chicago. Bloomington. Geneva. Wheaton. Chicago. Chicago. Chicago. El Paso. Geneseo . Council Bluffs  Ia. Chicago. Chicago. Monticello  Ind. Des Moines  Ia. Jesse Ernest Eschbach   Jacob Scott Matthews Bachelor   Laws          Master Arts. Hyman Rosenberg       Callaghan     $ '  . V BIOGRAPHICAL SKETCHES OF ALUMNI ELECTED TO THE BENCH IN ILLINOIS AT THE ELECTION OF JUNE      . JUDGE BENJAMIN R. BURROUGHS              Third District   Illinois        Charles County  Maryland . He           Charlotte Hall School  Maryland      Union College   Law    Northwestern University School   Law . He         Bar Edwardsville Illinois. Judge Amos Watts     Third Circuit   Illinois. He  Supreme Court   Justice Appellate Court . JUDGE WILLIAM M. FARMER         Fayette County  Illinois. He               McKendree College  Union College   Law    Northwestern University School   Law                  . He Bar Vandalia  Ill. State'  Attorney General Assembly               State Senate. '      Circuit Court     Fourth Judicial District              . Judge Farmer Supreme Court         Appellate Seventh District   Ottowa. GEORGE MILLS ROGERS       Glasgow  Kentucky . Mr. Rogers       Cook County       . His                 Chicago. Later Yale College     University   Chicago . He Crawford &amp; O'Connell          Union College Law    Northwestern University School   Law . He           Bar Samuel P. McConnell. He City Prosecuting Attor  NORTHWESTERN UNIVERSITY. Assistant City Attorney    Assistant United States District Attorney.              Master   Chancery Circuit Court           . Mr. Rogers Circuit Court   Cook County   Supreme Court   Illinois. THOMAS M. HoYNE         Galena  Illinois. He Chicago High School . Law School Northwestern University School   Law . He         Bar . Mr. Hoyne Circuit Court Supreme Court. Mr. Hoyne                 Hoyne  O'Connor &amp; Hoyne. JOSEPH A. O'DONNELL         Ballina  County Ireland                  . Mr. O'Donnell' Chicago       . He St. Patrick'  Academy           Fricke'  German School          Union College   Law    Northwestern University School   Law           . He Bar Chicago      . Mr. O'Donnell         Illinois Legislature . Superior Court   Cook County Illinois Legislature             Cook County Supreme Court     State . He Circuit Court                    Supreme Court . Mr. O'Donnell               O'Donnell &amp; Coughlan. JUDGE FREDERICK A. SMITH       Norwood Park  Cook County  Illinois            .           Civil War               University   Chicago. He  University   Chicago . He       Union College   Law    Northwestern University School   Law            . He THE LAW SCHOOL.  ' Circuit Court   Cook County  Illinois . JUDGE CHARLES B. GARNSEY       Lima  Livingston County  New York        . He Genesee Wesleyan Seminary      Lima  New York. Will County  Illinois . He   Union College   Law    Northwestern University School   Law               . He One Hundredth Illinois Volunteer Infantry . He Bar Jofiet                   . Master   Chancery   Will County Corporation Counsel     City   Joliet County Judge   Will County . Republican          Circuit Judge     Twelfth Judicial Circuit . JUDGE RICHARD  . CLIFFORD       Chicago Cook County . He     University   St. Mary Chicago University        Union College   Law Northwestern University School   Law        . Circuit Court   Cook County . JUDGE HARRY HIGBEE       Pittsfield  Illinois . He     Yale College Pittsfield            Columbia School   Law Union College Law    Northwestern University School   Law . Judge Higbee Pittsfield .                  State Senate .                    Circuit Court Eighth Circuit                         . Appellate Court     Second District . Appellate Court     Second District     Appellate Court Fourth District               . VI ANNOUNCEMENT OF THE ANNUAL BANQUET OF THE ALUMNI ASSOCIATION ON OCTOBER        . Owing                    Alumni Association                 Association . .  . An . Alumni States   Territories     Illinois Chicago Secretary     School . Association President  Frank Orren Lowden  '  . First Vice President  M. Lester Coffeen  '  . Second Vice President  Charles Clarence Linthicum  '  . Third Vice President  Robert E. Pendarvis  '  . Fourth Vice President  William P. Sidley  '  . Secretary  Charles H. Blatchford  '    Ashland Block  Chicago. Treasurer  Otto Raymond Barnett  '  . Communications         Mr. Jerome J. Cermak  ' La Salle    Chicago            Secretary Association.  VII ANNOUNCEMENT OF THE LEGAL TACTICS COURSE FOR       . Legal Tactics  School'   . Its .   .     . Such  . · ' School. intere . Octo  · '         · . Each              nan  · Chicago Daily Law Bulletin                 .   . There             ·  ·  . Selection   Management Jury. . Railroad Litigation. . Life   Benefit Insurance. . Organizing   Advising Corporation. . Insolvent   Bankrupt Estates.  . Examination   Witnesses .. . Banking   Trust Company Practice. . Abstracts   Title   Conveyancing Practice. . Land Condemnation Practice. NORTHWESTERN UNIVERSITY. . Law Office Work   Dealings Clients. . Ways   Manners Judges. . Preparation     Case Trial. . Marine Practice. . Bankruptcy Practice. . Brief   Argument Before Supreme Court. . Methods   Keeping Using Public Records. . Justice Court Practice. . Personal Injury Practice. . Practice Under Municipal Ordinances. . Practice Before Masters Chancery. . Acquisition   Retention Clientage. . Building Contracts   Mechanics' Liens. . Debt Collections. . Fire Insurance. . Probate Practice. . Criminal Practice. . Appellate Court Practice. . Special Assessments. . Mortgage Foreclosures. . Federal Practice. . Landlord   Tenant. . General Taxation. Mortgage Foreclosures           ' . ' BULLETIN     .   . VIII THE FORECLOSURE OF MORTGAGES. An Address Delivered     Legal Tactics Course W. W. Case  Esq.      Chicago Bar. "    Dean   . .  . However    .    . "Many . .  . . During    . ' . "     . Everything  .    NORTHWESTERN UNIVERSITY.  .   . Accordingly   . To   . " . Nature     Mortgage Estate. Illinois        .  .  .    ' . Again   )  . After   .   '   . Generally    .   .    .  Supreme Court   .           Courts   THE LAW SCHOOL. .  Court . . There  .  . " .   Nature   Trust Deeds. Nine Chicago .  . A  .    . " . Different Methods   Foreclornre.   . There . "( . ) There . .  .  ·                . A  . "( .) Some  .  .  . "( .) After  NORTHWESTERN UNIVERSITY. . NORTHWESTERN UNIVERSITY. . Brown  . Finally  . A  Brown He  Harry Wilson                Higginson Brown'   .   Harry Wilson Higginson .  Higginson                  . He                  . He Harry Wilson Wilson  . He .       Wilson '      Higginson . Higginson          'Hello  Harry!' Higginson Brown           Brown          . Higginson                  .  Brown   Brown'   .  Declaring   Principal Due.    .      .  . Ordinarily   . Foreclosures  . " . Parties. . Carelessriess .    . . " !. . .  '  . .   .   Courts  . Nevertheless THE LAW SCHOOL. . ' . He  . An   . Most  .   .   . Even                      . " .   .  '    '              . They .   .   . They . "Aside  . All   . Some   ' . NORTHWESTERN UNIVERSITY. "With   .   .   .    . Consequently  .  . A    .        .   . Any . " . Expenses. Before  .          .  . He $                           ·   . He            .  .        .  . . .   .   THE LAW SCHOOL. .   . All  '  · .  .   . Expenses   . Otherwise . " . Drafting   Bill. After . There . Little .  . . '   . Parties . . " . Insurance. . .  . .  . .  . "   Service   Process . Do . Get NORTHWESTERN UNIVERSITY.  .            . Otherwise      . After     Chancery Act.  .  .   . Nothing                . Any United States. "  . Possession. . Possession          .   .  . They  . ·  . There .  . "Whether .   . Inadequacy  Court                  . Nowadays  Court Court THE LAW SCHOOL. . Appellate Courts  .   Courts Cook County . Some  .  .             Cook County         Circuit   Superior Courts   .       '   ' . "  .  . An   . Ejectment    . Courts            .   .  Circuit Court Court . Superior Court                   Circuit Court      . .   Supreme Court . "  .     Reference. After NORTHWESTERN UNIVERSITY. .   . Be  .     . Such    . "  . Proceedings Before   Master.  .  .                    '  . Some              '   . '    .  . . Where '    . Court . Usually Court . "  .   Decree. . There  . To  . A                       preTHE LAW SCHOOL. . '   . Under State  .  .         Court          .  ' · .  .  .  . . . .  . Yet   . A  . Here .   .  . Even   ' . He  . .  . NORTHWESTERN UNIVERSITY. " . 'Up .  . They   . Hence  . "  .   Sale.  .  .   .  . . Your .              .  . He . . Theorefically . While ' .  .  . He    . Again .   . Having . THE LAW SCHOOL. "After .  .   .  . "  .     .  .  .   .  . After . All     . Where  . "To   .      . NORTHWESTERN UNIVERSITY.    .  ' . "After .      '   .    '  . "  .    .    .  Lightcap  . Bradley Supreme Court. "  . Redemption Period. After  . Court  .  .  .   .  .  THE LAW SCHOOL.   · . A .  . . "  .  · '   .  ·   ."  NORTHWESTER  / U  /JVERSITY BUILDING  LAKE AND DEARBORN STREETS LIBRARY (WEST AISLE). THE GARY COLLECTION OF CONTINENTAL JURISPRUDENCE IS PLACED IN THE SOUTH AISLE . DENTAL SCHOOL CHICAGO Olfers      '              Doctor   Dental Surirery.  . . University Dental School      . Northwestern University Dental School Northwestern University Building  Corner   Lake   Dearborn Streets   Chicago. </text>
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                    <text>SERIES II

NOVEMBER, 1903

NUMBER 3

NORTHWESTERN
UNIVERSITY
CHIC AGO-EVANSTON

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLI.EGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN
LAKE AND

UNIVERSITY BUILDING

DEARBORN STREETS

CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED QUARTERLY BY

NORTHWESTERN

UNIVERSITY

�NORTHWESTERN UNIVERSITY

EVANSTON-CHICAGO
Edmund J . James, Ph.D. , LL. D ., President
Northwestern University consists of seven departments or schools.

Four of

these !Law Medicine, Dentistry, and Pharmacy) are located in or near the center of

the city of Chicago. The other three (College of Liberal Arts, Music, and the

Academy , are situated in Evanston, the most beautiful suburb of Chicago, imme-diately adjoi ning the:: city on the north.

The College Campus is located directly on the shore of Lake Michigan about

three milc:s north of the city limits.
For general intormat,on relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,

llhnois,

I.
THE COLLEGE OF LIBERAL ARTS
COLLEGE CAMPUS, EVANSTON

Offers a four years' course leading to Bachelor's degree in Languages and Literature
tE11 1d ish, French, German, lta lian, Spanish, Latin, Gretk. Hebrew); Mathematics

(coll~ge and a ivanced,; Science 1 Ascronomy. Hotany, ZoOlogy, Chi::mistry, Physics,
Mineralogy, Geolo2y); Hiscory (ancient. medi.Eval, and modern : Philosophy,
Psycl1ology, Pedagogy, Economics and Politics, and Sociology, and other subjecls
appropriate to a modern college.
Numerous graduate courses are a lso offered leading to the dee-ree of A.M., and
in a few subjects to that of Ph 0.

Special advantages are offered to the i:raduates of this collei:e in the professional
school• of the Umve1 sity.
For !urther information, address College of Liberal Arts, Evanston, lllinois,

II.
MEDICAL SCHOOL
CHICAGO

Offers a four years' course leading to the degree of Doctor of Medicine. The hos•
pital and clinical facilities are especially good This school was the first in the
United States to·take three important steps in Medical education: the enforcement
of the standard of preliminary education, adoption of loog~r annual courses, and the
eraded curriculum.
,.
It ranks fourth in attendance amon11 University Medical Schools in the United

States.
For further information, address N ortbwestern Univeraity Medical School,
Dearborn Street, Chicago,

2421

III.
LAW SCHOOL
CHICAGO

Offers a three years' course in Law leading to the degree of Bachelor of Laws.

Special facilit1es are provided for a thorough preparation in the practical as welJ as

theoretical·aspects of the Law. The library is adequate to all the ordinary needs of

tile studtmt, including over ten thousand volumes, while the proximity of the Chicago
Law lnstitute Library provides an additional collection of nearly forty thousand
which the students are at liberty to use. The students come from all pa1 ts of the
country, and che courses are arrangt:d with a view to giving them that knowledge of

;f~g,le!~J~:~ }fg::;!1°e~~ifnmtfrii~~~~~~

1

L awF~~ic~~~~~~ei~f~~~:

Northwestern University Building,
Chicaao.

Law School,
Corner of Lake and Dearborn Streets,

IV.
SCHOOL OF PHARMACY
CHICAGO

Offers courses leading to the degree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The coui se includes instruction in general Chemistry, Chemical

Analysis, Pharmacy, Hotany, Microscopy, Pharmacognosy, Dispensing, and Analylical
Pharmaceulical Chemiscry, including Drug Assaying, Bacteriology, and Sanitary
Analysis. Jt ranks first in attendance amoni! Universicy Schools of Pharmacy in
this country.
For turther information, address Northwestern University School of Phar-

macy, Northwestern University Building, Corner of Lake anci Dearborn Streets,
Chicau;o,

�NORTHWESTERN UNIVERSITY BUILDING, LAKE AND DEARBORN STREETS

��QUARTERLY BULLETIN OF THE
SCHOOL OF LAW
CONTENTS OF No. 3.

SERIES II.

NOVEMBER, 1903.

VIEWS OF NORTHWESTERN UNIVERSITY BUILDING AND LIBRARY

Frontispiece

BooK FLA TE

I.
II.

PaEe

5

NEWS AND ANNOUNCEMENTS OF THE SCHOOL
REPORT OF THE PROCEEDINGS AT THE ANNUAL BANQUET OF

6

THE ALUMNI ASSOCIATION

III.

JUSTICE COURT

PRACTICE:

AN

TACTICS COURSE, HY ROBERT
STATE'S ATTORNEY

OF

COOK

ADDRESS

N.

IN

THE LEGAL

HOLT, ESQ., ASSISTANT

COUNTY,

ILLINOIS,

AND

FORMERLY JUSTICE OF THE PEACE

Entered at the Postoffice at Chicago, IJJinois, as second-class mail matter.

7

��I - NEWS AND ANNOUNCEMENTS.
The Law School Book Plate: On page 1 will be found a cut of
the Law School Book Plate, designed by Miss Louise B. Graves, of
Boston, Mass., and presented to the Law School by Charles Cheney
Hyde, Esq.
October State Bar Examination: All of the students from
Northwestern University Law School who were candidates for admission to the bar before the State Board of Law Examiners at the
Springfield examination were successful. The following members
of the class of 1903 took this examination:
Harry K. Crafts, Charles L. Daly, Thomas G. Deering, David
0. Dunbar, Al far M. Eberhardt, Hosea V. Ferrell, Julius M. Kahn,
Albert H. Kay, James W. Keating, William P. Knapp, Clarence
E. Knowlton, Morris Kompel, Victor G. Kropf, J. Scott Matthews,
Matthew Mills, John A. Niles, Benjamin F. J . Odell, John J. Peckham, Leonard D. Quinn, Hyman Rosenberg, Frank B. Schafer,
Sandor Thomsen Von Colditz, Leroy L. Todd, Fred Van Voorst.

Class Pict-ures: The collection of class pictures for the Alumni
Room is still incomplete. Any alumnus who may have a picture of
his class is urged to send it to the Law School in order that the
collection may soon be made as complete as possible.
Cases for Moot Court: An invitation is extended to graduates
of the Law School to send in statements of facts of cases in which
they may be interested for preparation and trial in the Moot Court
of the Law School. Cases will be a~igned in the order in which
they are received and a copy of the briefs on which the argument
is made will be mailed to the attorney submitting the case.

5

�II-ANNUAL BANQUET OF THE ALUMNI
ASSOCIATION.
The annual banquet of the Alumni Association of the School
took place at the University Club, Chicago, at 7 P. M., on Wednesday, October 7th. President Frank Orren Lowden, '87, acted as
toastmaster. About one hundred and ten were present. The members of the class of 1903 were the guests of President Lowden.
After dinner had been served the toastmaster introduced the
speakers of the evening, who responded to the following toasts:
HoN. OLIVER H. HORTON, '63-"Our Alma Mater, Its Past,
Present and Future."
PRESIDENT EDMUND J. JAMES-"The University."
JUDGE WILLARD M. McEWEN, '87-"The Alumnus as a Judge."
EDWIN BURRITT SMITH, EsQ., '79-"Law."
ELIAS MAYER, EsQ., '03-"The Class of 1903."
After the toasts the nominating committee, composed of
NELSON THOMASSON, ESQ., '60; HERBERT A. SCHRYVER, ESQ., '95,
and GEORGE I. HAIGHT, ESQ., '02; made its report, and the following
gentlemen, placed in nomination by the committee, were elected to
serve for the ensuing year :
President-CHARLES C. LINTHICUM, '82.
First Vice-President-GEORGE E. Foss, '89.
Second Vice-President-ROBERT E. PENDARVIS, '87.
Third Vice-President-PERCIVAL STEELE, '87.
Fourth Vice-President-FRANCIS T. COLBY, '80.
Secretary-JEROME J. CERMAK, '02, 524-159 La Salle St., Chicago.
Treasurer-OTTO R. BARNETT, '88.
Short speeches were made by Mr. Lowden and Mr. Linthicum,
and after cheers for the retiring president and the president-elect,
the meeting adjourned.

6

�III - JUSTICE COURT PRACTICE.
An Address Deli-vered in th e L ega l Tactics Co11rse, December
I902, by Robert N . Holt, Esq., Assistant State's Attorney
of Cook County, Illinois, and formerly
Iustice of the P eace.

22,

In looking forward to your practice you doubtless all of you
realize the fact that the largest part of your work for a few years
to come, the first years in practice, will be in the Justice Court.
You will not all be in the ·condition of a young student who
graduated about '97, I think it wa s. He was full of hope and
looked forward to the great achievements that he would make.
Talking to a class-mate, he said: ';What would you take for your
first three years' fees right now?" The other replied that he
would not require a very large sum. "Well," said the young man
who asked the question, "I wouldn't take twentv-five thousand
dollars for what I would n1ake in three years. I might be retained
by some big corporation and make twice that amount in ·one fee."
You will be fortunate if you receive that many dollars instead of
thousands.
The first thing to do is to select for yourself some particular
place where your work will be done. Ally yourself with some particular court. This has its advantage. You soon get to be acquainted with your justice, who finds out whether you are sincere and honest, whether you are conducting your business in the
fair-minded way a lawyer should. Then if you are ever in a position where you have to ask favors the justice will know whether
to rely upon your representations, or whether you are making
him one of the customary excuses covered up with words. In
making your selection there are different theories with different
lawyers. Many justices say that you should not go more than
three blocks away from the court house. Now, this has its advantages. I see before me a gentleman who has handled hundreds
or thousands of cases in such a court, getting, I have no doubt,
con5iderable satisfaction from being able to do the business within a short distance of his office. I see before me other gentlemen
who are just as successful, who have not had probably so many
cases, who have seen fit to select justices in the outlying districts.
Both are justified on this ground alone. The gentleman who came
down town represented a big firm, doing an immense business.
His business was always first, and I have been in that court when

7

�8

NORTHWESTERN UNIVERSITY.

his business has taken the entire time of the court. I have waited
all the afternoon, have come back, and back again, and lost my
client because I was not influenti al with the court. I think one
saves his own time and the tim e of his client by choosing so me
oth er justice. Of course I realize that a great many people are
dragged out to outlying townships at early hours of the morning, or
late in the afternoon, in th e hope that he may be discouraged from
presenting his case. I do not think that any of you are going to
practice in th at way. There is no stigma, however, in doing your
work in a place where you can get prompt service and do not have
to wait for a trial; but when you do it be fair and decent.
The fir st thing to be considered when you have selected your
justice is th e question of costs. A great many lawyers go to the
statutes, and then tell a justice and the constables what they should
charge and what they should not. There has grown up a custom
in this region, a system of costs which in the main are about as
fai r as they can be. It is customary here now to pay a dollar to
the justice when the case is commenced, and another dollar to
the constable for serving process. Under the statute the constable would charge fifty cents and mileage. Lawyers doing much
business in justice courts have soon found out that th e best way
is to pay the constable this certain amount. Many lawyers at the
beginning of their experience berate the constables and justices
and speak of them as robbers, but a short experience will show
them not only that they will get better service by conforming to
the custom, which, as I have said, has grown up here in Cook
County, but that it will be cheaper in the end. I have heard many
an attorney try to dictate what the fees of the constable should
be. I have known of many cases where attorneys have said, "We
will not pay these fees, we will pay only the statutory fees." In
nearly every case th e statutory fees properly chargeable have exceeded the customary fees. Another thing to be considered is the
kind of case you have,-as, for instance, in a wage case you are
entitled to a fee if you give the notice required by the statute, and
have your juclgment properly entered up.
Another thing to con sider is whether you are likely to have to
start garnishment. If so, give the constable a garnishee notice
for him to serve at the same time that he serves the summons.
This has a good effect.
Another thing to do is to take an affidavit of your client's
claim. Have among your blank forms praecipes which have the
customary affidavit of claim. Have this fill ed in and sworn to
when a claim is first brought to you for collection. The Justice
Act provides that if you have that affidavit on the file and the de-

�THE LAW SCHOOL.

9

fondant does not appear the justice may enter a judgment upon
the affidavit, without taking evidence, the matter going by defa ult. Another advantage is this: Suppose you are pressed for
time. Suppose your witness fails to get there, and the other side
puts up the usual cry that it is a fraudulent claim, made without
merit, to annoy the defendant. The justice can see that the plaintiff has set forth a claim and that he has sworn to it, and with
that affidavit before him, showing that the plaintiff had sufficient
confidence in his case to swear to it, he is much more likely to
allow the plaintiff the continuance he asks.
Some attorneys require an assignment to them of every claim.
I personally do not approve of that practice, and I make this merely
as a suggestion.
Determine carefully before yon commence your suit as to the
legal entity of your defendant. Is it a partnership, an individual
or a corporation? You must do this because then comes the question of your service, which with reference to these different entities is brought about in a different way. If a partnership you
want to get in all your partners, for, although our Supreme Court
has held that it is not absolutely necessary, before proceeding to
trial, formerly they held that partners must a ll be served. If a
corporation be very careful as to the return of the constable as
that is a part of your summons. Another thing to caution you
about is this, that there is a very different return of a service upon
a corporation when your suit is in a justice court, from a sui t in
a court of record. Read the two acts and you will see that there
is a considerable difference. Oftentimes I have had brought into my
court returns where the constable has copied his return from the
Practice Act and not from the Justice Act. The defendant objected, and properly, because the return was not correct. Then
when your summons is to be made out there are several things to
consider. First as to the time. Probably you will want five days.
Have a certain day in the week for your justice court work and
make it returnable that day. This is a very good plan. Then
when a case is continued have it continued one week. It will save
you countless days and nights of worry and wonder as to whether
• you have a certain case coming up at a certain time or at some
other. It will enable you to systematize your work, and enable you
to do better work. V.' hen yon start your suit get service at once
and make the return day not too far off; better make it very
short. If you don't, your opponent may start suit against your
client, and he may get his summons ante-dated-I am sorry to
say that this can be done-and then you will be obliged to try his
case first, and may be compelled to put your claim in as a set-

�10

NORTHWESTERN UNIVERSITY.

off in his suit. And even if he has no real ground of action
against you he' has the advantage of trying your claim against him
in a court of his own selection. You will notice from the Justice Act that each party must bring forward all his claims against
the other party that exist at the time of the commencement of the
action, not at the time of the serving of the summons, and the decisions of our courts upon that clause are that the action which
gives jurisdiction is the one in whi.ch the summons is first issued
and not t)1e one in which service is first obtained.
In an attachment suit it is not always advisable to make your
suit returnable too soon, because the effect is to tie up the property of the defendant, and this is a perfectly legitimate mode of
compelling him to pay his debts, and a very effective way too.
Another thing. The statute allows thirty days to return this
writ. You will find that with most of the corporations in this
city pay-day comes once a week or at least twice a month. You
garnishee just before pay-day. The constable does not return
that writ to the court, acting under your instructions, but holds it.
You learn from the first answer how much money· was due the defendant, and you let it accumulate. Then on the next pay-day, or
just before, have your writ served and it will bring the defendant
around pretty quickly. This has brought many a defendant around
to settling a case without further delay.
I will tell you something which came up in my practice. A
suit was started before me, service had, and the time for trial came.
But before the case came to trial a judgment had been taken before one of the justices down town. There seemed to be something rather suspicious about it. The attorney was sure that they
could not have started that suit in good faith before he started
his, and it would have been absolutely necessary for them to
do so in order to have the earlier trial. I granted a continuance at his request, and suggested that he see whether there had
been good service in the other case, as the judgment was by default, and his client claimed not to have been served. He started
clown town, and on the way found a laboring man and asked
him if he wanted to make a half a dollar. "Yes," said the man.
"All right. You come with me." They went to the constable
whose return was on the writ which it was claimed had never
been served. "Are you Constable So-and-So?" "Yes." "You
served a writ on such-and-such a man. Would you recognize him
if you saw him?" "Certainly I would. That is the man with you."
"Are you sure of it?" "Quite sure." They then all three went before the justice who hacl rendered the judgment. Said the attorney: "This is the constable who served the writ in a case

�THE LAW SCHOOL.

11

here. There is some little question about this particular service.
This constable says that he would recognize the man he served
and has identified this man-pointing to the laboring man-as the
man he served. Now this man has nothing to do with the case.
Never heard of it, never saw any of the parties to it, and knew
nothing about it until I asked him to come along with me, and ,
then he did not know what I wanted him for. The defendant in
this case is quite another man. He is now just a block from here,
and I can get him over here in five minutes, and he will tell you
that he has never been served." The result was all that the attorney
could ask, and after disposing of the matter in the down town
court he then proceeded on the action in my court.
Draw your own papers. It is surprising what a number of
successful attorneys cannot fill out the ordinary blanks in a case
in a justice court. The ordinary as,umpsit summons seems to be a
riddle to them, and 111 attachment, replevin or garnishment they
need a guide-board all the way along. Make out yo ur own papers
and know what they say, and you will find on the face of them
many answers to questions and objections that your opponent
makes at the trial. Many attorneys do not know the reading of
the writ in the case they are attempting to prosecute. Keep your
own record. Docket every case and in full. Keep as full a record
as the justice himself. For your own edification have a justice
make up a transcript in some case you are interested in or any
case where several things have been done. You will get more
than fifty cents' worth of knowledge out of it. Many justices don't
know how to write up their dockets, and the attorneys frequently
have to write them up in order to get a record such as they can
use, or to have a transcript which will be of any value." You should
know these things. They are as much a part of your legal education as the lectures you are attending here in the law school.
Another thing to remember is whether you need subpoenas.
Remember that you can serve four persons on one subpoena, and
that you can have a subpoena d11ces tecuni if you need books and
papers. Have these ready to use them if needed.
The next step in your procedure will come when your c;i.se is
reached and called for trial. There are questions that need to be
considered at that time. In my judgment the man who is the most
successful in meeting questions that arise from the time when the
case is first called until the first witness is sworn, who knows how
to take advantage of every point between those two steps, is the
man that wins the most cases in the justice courts, and has the
greatest success. You may think the questions to be considered
.Jre foolish and frivolous.

�12

NORTHWESTERN UNIVERSITY.

It is at this time that questions as to service come up. If you
represent the defendant you have examined the service. Whether
you want to make a moti on to quash the service or make what is
practically a plea in abatement to it, according as th e case may
require, you want to know and rememb er how and when to enter
a special appearance for the purpose of objecting to the serv ice as
improper.
Then as to change of venue. Better have your affi davits ready.
Most justices will not take advantage of you, but some are severe
about these things and deny you a change unless you are quite
right in your mann er of asking for it. One case I remember where
a request was ma de for a change of venue. " All right," said th e
justice. "Hold up your ri ght hand and be sworn." The defendant was sworn, whereupon th e justice turned to the plai;1tiff with
the remark, "The witnesses are sworn. We will proceed to trial."
Another trick in preventing a change of venu e is that of the
fictitious defendant, where a friend of the plaintiff is added
as a defendant in the case and objects to a change of ven ue, and
of course it cannot be had because both or all defendants must
a sk for it. I once saw it carried to this extent. A defendant
asked for a change of venue. Defendant then asked leave to make
a new party defendant to ·the suit and a dded his fictiti ous defendant. He then asked for a continuance for service. The next time
the case came up the fictiti ous defendant appeared in court, by hi s
attorney, and objected to a change of venue. To know you r business in practicing in a justice court you have got to be prepared
to meet these situations.
Another question to be considered: You may come to trial and
your client may be absent. What are you going to do? The first
thing to do is to make an effort for a continuance. It has grown
to be a custom to allow one change of venue in every case, no matter
what reason may be given. In the absence of the plaintiff and of
his attorney the statute says the case must be dismissed, although
I have known justices to go ahead and render judgment for the
plaintiff in his absence.
If you propose to deny the execution of any instrument sued
on or used in defence, you must prepare and file an affidavit denying its execution before the trial.
If you intend to deny joint liability on the part of several persons joined in the action you should prepare and file an affidavit
to that effect. The effect of the statute requiring this affidavit is
that if it is not filed the plaintiff is under no obligation to prove
joint liability. B.ut if your affidavit denying joint liability is on
file then the plaintiff must prove the joint liability. Denial of a

�THE LAW SCHOOL.

13

partnership is an instance where this affidavit sho uld be filed.
These affidavits must be filed before the beginning of the case.
As to continuances, you must consider what you should have
in your affidavit for a continuance and what grounds entitle you to
it. When I got through the law school and came up to my first
affidavit for continuance I had no more idea of what it should contain than the man in the moon. You should know the essentials
of a good affidavit for a continuance. It is a question of study
and research.
Another thi ng to be considered, if you are plainti ff, is whether
the defendant has filed a plea of set-off. Watch fo r this. You
bring a case in which you have doubt. You don't believe all your
client has told you. The other party files a set-off. You think
he is going to prove it. You don't want a judgment against your
client. The statute says there shall be no dismissal. Here is something I have seen done several times : If you are faced with this
so rt of a case and the other party has filed a set-off, get a continuance and then don't appea r, because the statute requires the
suit to be dismissed when the plaintiff does not appear and the
statute must be followed.
Forcible entry and detainer suits. These cases when called
are almost sure to be tried and the granting of a continuance is
seldom allowed, and then only upon a very strong showing, because the t endency is to r egard all applications for a continuance
in such suits as for the purpose of delaying the suit and preventing
the plaintiff from regaining possession of his premises.
Remember there is no such thing as an atto rney in a justice
court. He is merely an agent. Therefore an attorney cannot enter
an app ea rance for a party defendant in a justice court. The only
way that can be entered is by the party himself and in wr iting.
Take no chances with the attorney who enters an appearance for
the defendant because he has no right to do so, and he may be
setting a trap for you.
Be careful about a bill of particulars. D emand it befo re
the witnesses are sworn. The other side has the right to it.
Don't be so fooli sh as some attorneys are, especiall y the younger
ones, who think none is necessary. Produce it. If you have a
good case, don't be ashamed of it. If you haven't a case, don't
bring it.
Consider whether you want a jury. The ordinary ju stice court
jury may consi st of six men, or possibly of twelve. If you are
a plaintiff and your case is strong in its equities and doubtful in
law, take a jury. If the other side asks for a j ury and puts up the
costs for a jury of six, do you, if opposed, demand a jury of twelve

�14

NORTHWESTERN UNIVERSITY.

men and you will find in many cases that your opponent has not
brought the other three dollars with him. The ordinary jury in a justice court never finds for the landlord in a case between a landlord
and a tenant. I have had but one case before me where a j'ury
has found for the landlord in such a case, and I never knew why
they did in that case.
If a jury is called, be careful what constable gets the venire,
and see that it goes to a constable who has had nothing to do with
the case, and nothing to do with the attorney for the other side.
When you get the jury in the box, in order to avoid having it
filled up with a lot of "loafers," (such are waiting around every
justice court for a chance to serve on a jury for fifty cents), be
careful as to one set of questions. Be particularly careful to ask
whether they have served on a jury recently. Many an attorney
has failed to bring out this fact, which in many cases will disqualify the entire jury, but has gone on and accepted the jury as
it was. You cannot expect much from these men. I regret to say
that in every court in this city there are hanging about a large
number of men so cheap that fifty cents a week is all that they
care for.
Another thing. Give notice of recoupment or set-off. Whatever it is, give notice of it, because the justice may not agree with
you whether it is recoupment or set-off, and if you give notice you
are safe, whichever he thinks it is.
One thing the lawyer must remember, and that is that the nonsuit is his friend when in distress, the life-buoy of every lawyer in
trouble. If you are for the defendant and the plaintiff is a nonresident, insist upon a bond for costs.
The next thing is the trial. After the witnesses are sworn, a
good thing to do is to call for the exclusion of the witnesses. You
will find that all witnesses except the parties to the suit may be
excluded, and often your best success is by having the witnesses
separated.
Another thing to be careful about is not to introduce an excessive amount of evidence. Most all lawyers overdo the thing·.
They get an immense amount of evidence in to prove a very simple thing. They open up a wide field for cross-examination, and
pretty soon something comes out that the lawyer did not know
was in the case and which he wishes was not there.
If you represent the plaintiff, don't try to bring out by your
witnesses matters in defence. Keep something in reserve, covered
up, ready to hurl back in rebuttal. Payments are defences, and don't
try to prove those. Let the oth"er party prove them. You have
troubles of your own.

�THE LAW SCHOOL.

15

Now, as to cross-examination. A large amount of cross-examination does not show the court the wisdom of the young lawyer as he may think it does. A very wise thing is to leave crossexamination alone, unless you can't avoid it. If you know the other
party is telling the truth, don't cross-examine him. If he is lying,
pursue him with a vengeance on the point where he is lying.
The question of witness fees will constantly come up. You
call the other party and he asks for his witness fees. Take down
the statute and show that the statute requires a party to the suit
to testify if called on. Many lawyers try another plan with
a great degree of success. They call the defendant to the stand.
This will make the attorney on the other side worry and squirm.
Ask th e defendant questions on points where he agrees with your
client. In many instances you can prove your case, when your witness is not in court and you cannot get a continuance, by calling
the defendant. But unquestionably it takes good courage to do this,
because you can't count on what the defendant witness may do or
say.
Sometimes the plaintiff's attorney introduces a note and rests.
By being prompt and brief you sometimes take the defendant off
his guard, and before he has recovered or has his own defense in
shape, he finds a judgment entered against him. You can prove your
whole case in this way. I saw a lawyer try this once where a jury
was called for by the other side. He got up and said: "Gentlemen of the jury, I propose to show in this case the following,"
and then he recited a long statement of facts. When he had finished he offered a lease in evidence. The defendant's attorney
tried to force the justice to make the plaintiff's attorney put on
witnesses to prove the statement of facts,-urged that he had promised to prove this and that and the other thing, but had not done so.
He became so excited that he forgot essential proof that he should
have offered in defence and lost his case.
The young lawyer has hard work to get into his case. He
doesn't know how to open up his case, and then gets nervous and
excited. The best way is to start out with simple questions as to
name, residence, etc. "What claim do you make against the defendant in this case?" If your client has been properly prepared
he will answer to the point, so that your case is opened up. Ask
some such general question as that in order to get your case
started.
In your trial no matter what happens be courteous as a
general thing in your conduct toward the court. If you are
getting the worst of it, show that!' you take it goodnaturedly. If you are a young man you may be there the next day,

�16

NORTHWESTERN UNIVERSITY.

whether your client is or not. If you try to deliver a lecture
to the justice you will probably never get favorable attention in
that court again. Remember that you must always see the right
side of a case even when you are heated in the argument of the
case. Many lawyers have come to me and apologized and regretted that they made fools of themselves, and said: "Here is
a decision which shows that you were right and I was wrong, and I
am sorry that I stormed around so." It never helps your client, nor
yourself, to make a scene. Some old lawyers have had experience
enough to do it; they know when it helps. But for a young lawyer it is hardly safe.
Another thing is that when a judge begins to sum up and you
can see what is coming and it is going against you, and you are
the plaintiff, you have then your life-buoy, the non- suit.
Another thing, which is often done, and I am speaking of my
own knowledge among attorneys of this city, is to inquire what
are the trial costs and tell the client to pay them. That looks
like a little thing, but it shows that the man has remembered a
thing which is a very little thing, and it helps wonderfully in making friends with the courts. It does not hurt his client nor hurt
the attorney, but helps both of them.
After your judgment is obtained the fight is not entirely won.
The next thing is the execution. Ordinarily it issues in twenty
days, but the statute provides that there may be an immediate
execution on oath. The most successful lawyers are the ones who
take out an immediate execution on oath. Take out your immediate execution; have it returned. If your defendant has real
estate, have it returned with the real estate return, get your transcript, and file it. Then if the defendant does appeal he has a
hard situation if he wants to sell his real estate. I know offices
where immediate exec ution s are taken out in eve ry case. They
get a real estate transcript in every case and have them on file
within forty -eight hours after getting the judgment. They are
wonderfuily successful in getting settlements of their cases. Follow them up in this way. It is your business to follow them up
and not to lag along with the matter. Push right ahead. Don't
wait. You want your execution in the constable's hands so that
· you may have your lien. Your duty is to take care of your client,
not of the othe r party.
The schedules will come along in ten days. When they come
in, look them over and see whether there seems to be any prospect of realizing the execution, comparing the return of the
schedule with the report of your constable as to about what personal property the defendant has. Generally you can do noth-

�THE LAW SCHOOL.

17

ing with the schedules, but will have to pursue your collection in
some other way.
Going back again to the starting of your suits. In attachment
or distress for rent start your suit more than ten days before return day. The statute requires schedule within ten days from the
time when the attachment or distress was levied. Don't allow your
claim to lie after taking out your first execution. Return it every
seventy days. Get it back there and let your debtor understand that
you have taken out another one and that it is going into the constable's hands. After he has been through this process a few times,
though it sometimes takes a couple of years, he will want to settle.
As to appeal. You can appeal from below or from the upper
court. Many go to the upper court. Some atto rn eys make it a
uniform practice to appeal in the upper court. If an appeal is taken
get a transcript and file it. Be sure and get your transcript on
file. Where the appeal is taken in the court below it is the business of the other party to follow it up. Remember that the justice
court practice is statutory. The statute says that in all cases there
shall be an appeal except in judgments confessed. See what an
opening that is for practice which is strictly legal, but not commendable, and which will in many cases give a judgment against you which
you won't know about until the judgment is had. Suppose you started
a case below. You have stayed away and the case is dismissed
or non-suited. Not one lawyer in a hundred comes back to see
whether anything further is done. Suppose you appeal your case
by bond filed with the justice. It comes up in the upper court.
You try it, get judgment and the defendant hears of it first when
execution is levied against him. Under the decisions in the Circuit Court it would appear that under this particular clause of the
Justice Act, allowing appeal in all cases except judgments confessed, that you could non-suit yonr case yourself and go back
and appeal with the justice, and obtain a judgment in the court
above without the knowledge of the defendant.
Another thing is that either party may appeal. But the law
provides that if two appeals are taken they must be to the same
court. You come to the conclusion that the other party is going to
appeal. You appeal first. He appeals also. You go in and move to
have his appeal di smissed because your appeal is pending, and it is
dismissed, and then you go in again and dismiss your own appeal.
A judgment in a justice comt may be revived after seven
years. It must be within ten. A judgment in an upper court may
be revived within twenty years. You may take your j uclgment
from an upper court and sue in a justice court to revive the judgment, and be within the statute, and then garnishee at a much less

�18

NORTHWESTERN UNIVERSITY.

cost than in the upper court where the costs are higher. This is
if your judgment was for a small amount.
Garnishment. The suit is started by the filing of the affidavit
and of the demand. Most of you may not know exactly how to
proceed. It is bewildering. The ordinary course is for the
garnishee to appear and answer, and, if a corporation, to mail an
answer sworn to by some official of the corporation. In such a
case the other side may get a continuance for a week's time to investigate ,vhether the answer is true. If not, they may contest
and go to trial. The great mistake in garnishment practice is
this: Oftentimes the client has funds in liis hands and another
claims them. The thing to do in a case of that sort is to go into
court and be frank with the court, say that your client has this
fund but so-and-so claims it, and so we do not know whom it belongs to. Get it disposed of by the jiistice and settle up the whole
thing in the one matter.
Remember also that a bona fide assignment of a claim defeats the claim, although notice of the assignment does not go in
until after the service of the notice. It defeats it nevertheless. It
is the duty of the garnishee to set up every defence which the
defendant might. If your client has been garnisheed notify him to
appear and set up all the defences that he may have.
Remember there are no alias writs in attachment. If you do
not get services on your first writ get it by publication. Sell the
property on the first execution because there are no alias special
executions in attachment. Appear specially and question the attachment, in cases where your client owes the money but you don't want
to pay it immediately. Go in and defeat the attachment if you can,
and the result will be merely a judgment in assumpsit against your
client.
These are but a few of the points which I could touch upon
here. A friend who sits before me now said once that it was
harder to practice in a justice court than in the Supreme Court of
the State; and he was not exaggerating it.

�7F

v.

DENTAL SCHOOL

CHICAGO
Offers a fnur years' course leadin~ to the degree of Doctor of Dental Surgery. The
facilities for ,he practical and theoretical instruction in the school are unusually
good The new location is particularly well adapted for the convenience of the itU•
dents and instructors. The attc::ndance during the last year was 53.&gt;. It is the largest

UniFe;rsi?ur~;~:a\j~~~!t\~~?t,ad~~~~s

Northwestern University Dental School,
Northwestern University Building, Corner of Lake and Dearborn Strcotii,
Cbicae;o.

VI.
SCHOOL OF MUSIC

COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretrical study of Music, and is tie•
signed to prepare students for the profession as composers, theorists, artists.
teac11ers. or critics. Jt also makes provision for the study of Music as a part of
general culture or as an accompli::;hment. It offers three or four year courses leadina to an anpropriate degree in .\-I usic.
For hlrthcr information, address School of Music, Evanston, Illinois.

VII.

ACADEMY

COLLEGE CAMPUS, EVANSTON
Offers a large vnriety of courses preparatory to college and practical life. Tho
proximity of the college department with its many facilities constitutes a great ad•
vantage to the Acad:-!my. Youn2 men and women will find here opportunity to pre•
pareF~: Fu"it;~Pr~fo~~~To7i~u!1JZ·css Northwestern University Academy, Evanston, Illinois.
A second Academy, under the n ame of Grand Prairie Seminary, is maintained
by the University at Onarga, 1llinois. Special facilities are afforded for preparingfor college or technical schools, or other hi~her institutions of learning-. The location in a small town makes it possible for the authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, lllinoia.

VIII.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medical
School on substantiallv the same terms as men.
For further intormation as to the Residence Halls for Women, address Dean
of Women, Willard Hall, Evanston, lllinois .

IX.

SCHOOLS OF THEOLOGY

EVANSTON
GARRETT BIBLICAL INSTITUTE
Garrett Biblical Institute, chartered in 1855, is a theological seminary co-operating with the Uni ve r sity. 1t is open to all students who are properly recommended as
candidates for the Christian ministry. It offers a three years' course, arranged for
classical graduates. leading- to th e d es,:ree of 8 .D. ; also a four years' course open to
college graduates leading to the degree of Ph.D .
The intimate relations of the University and the Institute afford great advantaire•
to all those preparing for the Christian ministry.
NORWEGIAN-DANISH THEOLOGICAL SCHOOL
The Norwegian-Danish Theological School, affiliated with the Institute, offers to
those pre paring for the ministry among the Norwegian and lJanish people an oppor•
tunity to do this in the En dish. Danish, and N orwe~ian languages.
SWEDISH THEOLOGICAL SEMINARY
The Swedish Theological Seminary, organized to meet the increasin~ demands
for educated pastors and missionaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further inlormation, address the respective schools, Evanston, IUi1111i1.

�"

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                    <text>SERIES II

NUMBER

MAY, 1903

1

NORTHWESTERN
UNIVERSITY
EVANSTON-CHICAGO

BULLETIN
OF THR

SCHOOL OF LAW
(UNION COLLEGE OF LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED

QUARTERLY BY

NORTHWESTERN

UNIVERSITY

�NORTHWESTERN UNIVERSITY

EVANSTON-CHICAGO
;Edmund J, James , A.M. , Ph.D. , President
Northwestern University consists of seven departments or schools. Four'of
these (Law, Medicine, Dentistry, and Pharmacy) are located in or near the center .
of the city of Chicago. The other three (College of Liberal Arts, Music, and the
Academy), are situated in Evanston, the most beautiful suburb of Chicago, imme·
dialely adjoining the city on the north.
The College Campus is located directly on the shore of Lake Michigan about
three miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc., address University Hall, Northwestern University, Evanston,
Illinois,

I.
THE COLLEGE OF LIBERAL ARTS

COLLEGE CAMPUS , EVANSTON
Offers a four years' course leading to Bachelor's degree in Languages and Litera·
lure (English, French, German, Italian, Spanish, Latin, Greek, Hebrew); Mathematics (college and advanced); Science (Astronomy, Botany, Zoology, Chemistry,
Physics, Mineralogy, Geology); History (ancient, medireval, and modern); Philosophy, Psychology, Pedagogy, Economics and Politics, and Sociology, and other
subiects appropnate to a modern college.
Numerous graduate courses are also offered leading to the degree ot A.M., and
in a few subjects to that of Ph.D.
Special advantages are offered to the graduates of this college in the professional schools of the University.
For further information, address College of Liberal Arts, Evanston, Illinois,

II.

MEDICAL SCHOOL

CHICAGO
Offers a four years' course leading to the degree of Doctor of Medicine. The hospital and clinical facilities are especially good. This school was the first in the
United States to take three important steps in Medical education: the enforcement
of the standard of preliminary educat10n, adoption of longer annual courses, and the
graded curricul um.
State!'. ranks fourth in aitendance among University Medical Schools in the lJnited
2421

For further information, address Northwestern University Medical •School,
Dearborn Street, Chicago,

III.
LAW SCHOOL

CHICAGO
Offers a three years' course in Law leading to the degree of Bachelor of Laws,
S_pecial facilities are proYided for a thorough preparation in the practical as well as
theoretical aspects of the Law. The library is adequate to all the ordinary needs of
the student, including over ten thousand volumes, while the proximity of the
Chicago Law Institute Library provides an. additional collection of nearly forty
thousand which the students are at liberty to use. The students come from alJ parts
of the country, and the courses are arranged with a view to giving them that knowledge of Law which will be indispensable to them wherever they may practice.&amp;'. - . ,
For further information, address Northwestern University Law School,

Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago,

IV.
SCHOOL OF PHARMACY

CHICAGO
Offers courses leading to the del(ree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The course mcludes instruction in general Chemistry, Chemical
· Analysis Pharmacy, Botany, Microscopy, Pharmacognosy, Dispensing, and Analytical Pharmaceutical Chemistry, including Drug Assaying, Bacteriology'pand
Sanitary Analysis, It ranks first m attendance among University Schools of harmacy in this country.
For further information, address Northwestern University School of Phar•
macy, Northwestern University Building, Corner of Lake and Dearborn Streets ,
Chicago.

�NORTHWESTERN UNIVERSITY BUILDING.
LAKE AND DEARBORN STREETS.

�ENTRANCE NORTHWESTEl{N UN!VERS[TY BUILDING.

�LI BRARY ( WEST AISLE ).

�;:;

0
0

�QUARTERLY B ULLETIN OF THE
SCHOOL O F LAW.
CONTENTS OF NO. r- MA Y, 1903.
PAGE

Views of Northwestern University Building and
Views of Law School Rooms -

- Frontispiece

Calendar of Session for 1903---04 -

2

Revised List of Faculty for 1903

3

Revised List of Courses for 1903
Address on Corporation By-Laws, by Louis Boisot,

Jr. -

-

5
15

List of Students for 1903

26

Description of the New Quarters of the School

33

Revised List of Alumni Secretaries for 1903

38

Rules for Admission to the Bar of Illinois

41

Entered at the post-office at Chicago, lll. , as second-class matter.

�CALENDAR.
1903-

September 21, Monday,
September 22, Tuesday,
September
September
November
December

23,
24,

26,
19,

1904.

Wednesday,
Thursday,
Thursday,
Saturday,

January, 4,

Monday,

January 28,
February ,,
February 6,
February 8,
February 12,
May 22,
May 27,
June 17,

Thursday,
Monday,
Saturday,
Monday;
Friday,
Saturday,
Thursday,
Thursday,

Registration Day for New Students.
Registration Day for Applicants for
Advanced Standing.
Registration Day for Other Students.
Lectures Begin.
Thanksgiving Recess.
Lectures Close for Christmas Recess .
Christmas Recess Ends,
Begin.
Lectures Close.
Examinations Begin.
First Semester Ends.
Second Semester Begins.
Lincoln's Birthday.
Lectures Close.
Examinations Begin.
Commencement.

2

Lectures

�REVISED LIST OF THE FACULTY
FOR 1903.*
EDMUND JANES JAMES, Ph.D., LL. D.
President of the University.
JOHN HENRY WIGMORE,

(A . M., LL. B ., Harvard University)

Professor of Law and Dean of the Faculty.
HARVEY BOSTWICK HURD,
(LL. D., Northwestern University)

Emeritus Professor of Law.

NATHANIEL CLINTON SEARS.

(A. M ., Amherst College; LL. D. , Northwestern University)

Professor in tlie Law of Procedure and Practice.
CHARLE'S CHENEY HYDE,

(A. M .. Yale University; LL. B., Harvard University)

Assistant Professor o.f Law.

ALBERT MARTI

KALES,

(A. B., LL. B .. Harvard University)

Assistant Professor of Law.

SAMUEL ADAMS,

(A. B., Harvard University; LL.B., Northwestern University)

Professor in tlze Law of Procedure and Practz'ce.

JOHN HE 1 RY SHELDON LEE,

(A. B., Harvard University; LL. B., Northwestern University)

Assistant Professor in tlze Law of Crimes and Criminal Procedure.
CHARLES GEORGE LITTLE,
(A. B. , Amherst College; LL. B., Northwestern Univers ity)

Assistant Professor of Law.
HENRY SCHOFIELD,

(A. M., LL. B. , H arvard University)

Professor of Law.

LOUIS MAY GREELEY,
(A B., Harvard University)

Professor in the Law of Conveyancing.
WILLIAM MEADE FLETCHER,
(L L . B., University of Virginia)

Professor in the Law of Equity Pleading and Practz'ce.

• Arranged. with the exception of President and Dean, within each group in
t he order of seniority of appointment.

3

�4

NORTHWESTERN UNIVERSITY.

LEVI HARPER FULLER,

(B. S., Upper Iowa University; LL. B., Iowa State University)

Professor in the Law of Procedure and Practice.
FREDERIC CAMPBELL WOODWARD,

(A. M., Dickinson College; LL. M., Cornell University)

Professor of Law.

CHARLES CLARENCE LINTHICUM,
(LL. B., Northwestern University)

Professor in the Law of Patents.
WILLIAM H. DYRENFORTH,
(LL. B., Northwestern University)

Professor in the Law of Patent Practice.
OTTO RAYMOND BARNETT,
{LL. B., Northwestern University)

Assoc£ate Professor in the Law of Patents.

LESTER LE GRAND BOND,
Lecturer on Trade-Mark and Copyright.
HON. PETER STENGER GROSSCUP,

(A. M., Wittenberg College; LL. B .. Boston University; LL. D., Knox and
Wittenberg Colleges; Judge of the United States Circuit Court of Appeals)

Lecturer on International Law.

LOUIS LEE DENT,

(A. B., Harvard University; Missouri University}

Lecturer on Mortgages and on Genera Practice.
CHARLES BYRD ELDER,

(LL. B., Northwestern University)

Lecturer on Extraordinary Legal Remedies and on Judgments.
MITCHELL DAVIS FOLLANSBEE,

(A. B., Harvard Universi_!y; LL. B., Northwestern University)

Lecturer on Legal l:!,lhics.
HENRY CLAY HALL,

( B. S., Wabash College; LL. B., Northwestern University)

Lecturer on Insurance.

FREDERIC BEERS CROSSLEY,
(LL. B., Northwestern University)

Secretary of the Law School and of tlie Faculty.

�REVISED COURSES OF INSTRUCTION
FOR 1903.
FIRST YEAR.
FIRST TERM.
Contracts - Three hours a week. Keener's Cases on Contracts.
Professor WOODWARD.
Torts - Three hours a week. Ames' and Smith's Cases on Torts.
Professor WrGMORE.
Property (J) - Two hours a week. Gray's Cases on Property,
Vols. I, II. (Personal property; tenures and estates in real property ;
fixtures, profits, easements, covenants running with land, rents.)
Professor KALES.
Common Law Pleading and Procedure - Two hours a week.
Ames' Cases on Pleading; Andrews' Stephen on Pleading.
Professor ADAMS.
Crimes and Criminal Procedure - Two hours a week. Beale's
Cases on Criminal Law.
Professor LEE.
SECOND TERM.
Contracts (continued)-Th ree hours a week.
Professor WOODWARD.
Toi-ts (continued)-Two hours a week.
Professor WIGMORE.
Property (I) ( continued) -Two hours a week.
Professor KALES.
Common Law Pleading and Procedure (continued) - One hour
a week. Lectures and practical exercises.
Professor ADAMS.
Master and Serv ant in Tort-One hour a week. Wambaugh's
Cases on Agency.
Professor W1GMORE.
Damages - One hour a week. Beale's Cases on Damages.
Professor SCHOFIELD.
SECOND YEAR.
FIRST TERM.
Evidence-Two hours a week. Thayer's Cases on Evidence,
2d edition.
Professor WIGMORE.
Trusts - Two hours a week. Ames' Cases on Trusts.
Professor WOODWARD.
Af[ency - Two hours a week. Wambaugh's Cases on Agency.
Professor LITTLE.

5

�6

NORTHWESTERN UNIVERSITY.

Commercial Paper-Three hours a week. Ames' Cases on Bills
and Notes.
Professor HYDE.
Equity ( I) - Torts. Three hours a week. Keener's Cases on
Equity, Vol. I.
Professor SCHOFIELD.
Property ( II)-Two hours a week. Gray's Cases on Property,
Vols. III, IV. (Acquisition of real property inter vivos, including
deeds, covenants, etc.; devolution of property at death, including
descent, wills, administration, etc.)
Professor KALES.
Equity Pleading and Procedure -Two hours a week. Fletcher
on Equity Pleading; and practical exercises.
Professor FLETCHER.
Persons (Domestic Relat£ons)-Two hours a week. Smith's Cases
on Persons.
Professor KALES.
Extraordinary Legal Remedies (Mandamus, Quo Warranto,
Habeas Corpus, etc.)- One hour a week.
Mr. ELDER.
SECOND TERM.

Evidence (continued) - Two hours a week.
Professor WIG MORE.
Property (Ii) (continued) - Two hours a week.
Professor KALES.
Equity (II)- Specific Performance, etc. Three hours a week.
Keener's Cases on Equity, Vol. II.
Professor SCHOFIELD.
[ Given in 1()03-1()04 and alternate years.]
Equity (III) - Sundry Topics. Three hours a week. Keener's
Cases on Equity, Vol. III.
Professor SCHOFIELD.
[ Omitted in 1903-1()04 and alternate years.]
Bankruptcy - Two hours a week. Williston's Cases on Bankruptcy.
Professor WOODWARD.
Quasi-Contracts-Two hours a week. Keener's Cases on QuasiContracts.
Professor WOODWARD.
Sales of Personalty - Two hours a week. Williston's Cases on
Professor WOODWARD.
Sales.
Carriers - Three hours a week . McClain's Cases on Carriers;
Beale's Cases on Carriers.
Professor HYDE.
[Omitted in 1()03-1904 and alternate years.]
Admiralty and Marine Insitrance - Three hours a week.
Professor HYDE.
[ Given in 1903- 1904 and alternate years.]
Judgments and Auxiliary Legal Remedies (Attachment, Garnishment, Execution, etc.) - One hour a week. Rood's Cases on Attachments and Judgments.
Mr. ELDER.
Insurance (Fire and Life ) -Two hours a week. Wambaugh's
Cases on Insurance.
Mr. HALL.

�THE LAW SCHOOL.

7

THIRD YEAR.
FIRST TERM.
Corporations-Two hours a week. Smith's Cases on Corporations.
Professor LITTLE.
Procedure and Practice in Illinois - Two hours a week.
Professor SEARS.
International Law (/)-Two hours a week. Scott's Cases on
International Law.
Professor HYDE.
Suretyshij) - Two hours a week. Ames' Cases on Suretyship.
Professor LITTLE.
Constitutional Law-Two hours a week. Thayer's Cases on
Constitutional Law.
Professor SCHOFIELD.
Jurisdictz"on of Federal Courts-One hour a week.
Professor SCHOFIELD.
Property (III)-Tw,o hours a week. Gray ' s Cases on Property,
Vols. V, VI. (Conditional and future interests; restraints on alienation; fraudulent transfers; registration of deeds; conversion and
election; joint ownership; curtesy and dower; homestead.)
Professor KALES.
Conveyancing-One hour a week. Drafting exercises, study of
selected abstracts, and lectures on practice.
Professor GREELEY.
Conflict of Laws - Two hours a week. Beale's Cases on Conflict
Professor HYDE.
of Laws.
JJ1'ortgages - Two hours a week. Kirchwey's Cases on Mortgages.
Mr. DENT.
Code Pleading and Procedure - One hour a week. Cases on
Code Pleading.
Professor WOODWARD.
Practice Court - Two hours a week, at a single session. Causes
prepared and conducted through all details of litigation, by students
as attorneys and counselors, under the direction of a professor as
judge.
Professor FULLER.
* Patents of Invention (I) -General survey. Five lectures.
Professor LINTHICUM.
Parts II and Ill will not be given, unless at least twenty special
students apply for them before October 15.
(//) - Patent Soliciting. Twenty lectures, with practical
exercises.
Professor DYRENFORTH.
(Ill ) - Patent Law and Practice. Forty lectures.
Professor BARNETT.
*These three form a single course; the first part is open to all students: the
second and third parts are open to students of the second and third years, and to
special students , but cannot be taken separately . The number of lectures is equivalent to two hours a week through the year, and work in the course will therefore be
credited as lour term hours.

�8

NORTHWESTERN UNIVERSITY.
SECOND TERM.

Corporations (continued) -Two hours a week.

Professor LITTLE.

Procedure and Practice in Illinois (continued)- Two hours a week.
Professor SEARS.

Constt'tutional Law (continued)-Two hours a week.

Professor SCHOFIELD.

Conveyancing (continued)-One hour a week.

Professor GREELEY.

Conflict of Laws (continued) - Two hours a week.

Professor HYDE.

Practt'ce Court ( continued)-Two hours a week, at a single

session.

Professor FULLER.

Patents of Invention (continued).
Professor BARNETT.
Property (III) (continued) -Two hours a week.
·

Professor KALES.

International Law (II)-American Treaties and Diplomacy;

topics for research.

Two hours a week.

Professor HYDE.

Municipal Corporations-Two hours a week. Smith's Cases on

Municipal Corporations.
PartnersldjJ-Two hours a week.

Professor SCHOFIELD.
Ames' Cases on Partnership.
Professor LITTLE.

The total number of term hours offered for selection in this curriculum is one hundred and eleven, the equivalent of nearly fifty-six
hours a week through the year. The courses being graded as carefully as possible between the three year-groups, no first-year student
may take courses in the second or third year-groups without special
permission; and no second year student may take courses in the thirdyear group (except Constitutional Law and Patents of Invention)
without special permission ; and a third-year student taking the
courses of Conveyancing and Property Ill must already have taken
the courses of Property I and II. But any regular student may take
any course offered in the group of the year for which he is entered, or
any course not al ready taken by him in a preceding year.
COURSES OF LECTURES NOT COUNTING FOR A DEGREE.
Trade-Marks and Copyrights - Six lectures.
Mr. BOND.
General Review - Five hours a week for a month; given twice, in
September and April, prior to the State examination for admission
to the bar.
Mr. DENT .
.International Law and Policy - One or more lectures.
Judge GROSSCUP.
Legal Ethics-Five lectures.
Mr. FOLLANSBEE.

�THE LAW SCHOOL.

9

SPECIAL TRAINING IN LEGAL WRITING AND SPEAKING
AND IN THE PRACTICE OF THE LAW.
In addition to the systematic instruction in the body of the law, as
represented in the foregoing curriculum, an effort is .made to provide
adequate training in the practical use of legal knowledge and discipline, as well as in certain important details of legal writing and
speaking, which help materially to equip the accomplished lawyer.
The various branches of work directed to this end are as follows:
I. Pleadings - In the courses on Common Law Pleading, Code
Pleading, and Equity Pleading, in addition to the systematic course
of study, the student is given exercises in the drafting of the various
kinds of pleadings.
2. Conveyancing - In the course on conveyancing the chief material of the work consists in a series of selected abstracts of title,
some twenty-five in all, representing the greatest variety of docu ments and proceedings involving property rights. A separate copy
of each abstract is placed in the hands of every member of the
class, and a detailed study is made of the various matters of form
and substan~e from the conveyancer's point of view. Thorough
work in this course ought to equip the student as a practical conveyancer at the time of his entering upon his profession. No one
may take this course who has not already taken the courses Property I and II.
3. Practice Court- In the several courses of lectures on Procedure and Practice a systematic and detailed survey is taken of the
rules of law. In the Practice Court an opportunity is given to the
third-year students to become practically familiar with these rules
by the personal application of them in litigation managed by the
student himself. The Court's sessions are held weekly, on Thursday evenings, for two hours. During each session from one to three
cases are tried, with and without a jury; and other cases are disposed of in various aspects. In the mean time, between the sessions,
numbers of causes are being prepared and advanced from stage
to stage by the student-attorneys in charge. While the proceedings are dispatched, at the hearings, by the respective attorneys,
all other members of the class are required to attend and make
notes and reports of the work being done, so that each one obtains
some benefit also from what is done in his presence by others.
A faithful observance of the work of this course ought to give the
graduate such an experience in using his legal knowledge as will
assist him materially to start in his profession with greater readiness
and practical facility. The systematic pursuit of such work und.e r
an experienced instructor obtains for the student the same results

�IO

NORTHWESTERN UNIVERSITY.

as a period of desultory service in a law office, and is more economical in time and more thorough and accurate in quality. A copy
of the printed Rules of the Practice Court will be mailed to any
one upon request.
4. Legal Tactics - In 1902-1903, on every Monday evening until
April, an address was given, by some well-known member of the
Bar, upon some topic of practice in which he had had special experience, and in which the communication of personal experience was
of special value as a guide to others. This course was of particular
value to young practitioners already at the Bar, and will be repeated
in 1903- 1904, with some variations. The BULLETIN for February, 1903,
contained two of these addresses, selected as typical; the current
number contains a third.
5. Public Speaking - The function of a lawyer, as the persuasive
adviser and leader of men, needs for its development some training
in oral argument and debate, use of the voice, conduct of meetings,
and the like. Such a course of training was offered in 1902- 1903,
in the following three parts :
(a) Argument and Debate. An exercise of two hours once in
two weeks through the first term, conducted by Professor J. Scott
Clark, of the College of Liberal Arts.
(b) Voice Training. An exercise of one hour once a week through
the first term, in a class of two sections, meeting altern ately, conducted
by Mr. Dennis, of the Cumnock School of Oratory.
(c) Parliamentary Practice. An exercise of one hour, once a week
through the first term, conducted by Professor Joseph W. Robert,
of the Robert School of Parliamentary Law.
This course in Public Speaking will be open to all students.
The Towle Prizes are open only to students who take the course
in Public Speaking.
6. Thesis - It is the desire of the Faculty to encourage original
research by students, Any member of the third-year class may
therefore obtain credit to an amount not exceeding two term hours
by presenting a satisfactory thesis upon some legal topic approved
by a member of the Faculty before December 1st. The thesis must
be presented on or before May 15th of the year in which the student
expects to graduate; it must be printed on the typewriter or otherwise, and is to be kept permanently in the school. The work should
be begun not later than December. The Lee prize is awarded for
the best thesis.
7. Moot Courts and Briefs - For the purpose of training students
in .the independent investigation of legal questions, and in the preparations of briefs, Moot Courts are held weekly from October to April.
Each member of the second-year class is required to take part as coun-

�THE LAW SCHOOL.

I I

sel at least three times, and to sit as judge in other cases. The Courts
are cond.ucted by means of clubs, which select their own members.
A professor presides at each session. Credit for one term hour
is given for work satisfactorily done therein.
TUITION FEES.
The tuition fee for regular students is one hundred and five dollar
a year, payable in three installments of thirty-five dollars each, October
1st, January roth, and April 1st. A rebate of five dollars is allowed
to students who pay the entire tuition in advance on October 1st.
Special students are charged at the rate of five dollars for each
hour of class-room work for a half year. The fee for the course
in Patent Law is twenty-five dollars.
PRIZES.
The Towle Prizes.-A first prize of Sroo, and a second prize of
$50, the gift of Henry Sargent Towle, Esq., Chairman of the Law
School Committee of the Board of Trustees, will be awarded to the
members of the class of Professors Robert and Dennis, who shall, in
public competition at the completion of the course in public speaking, be adjudged most proficient in the work of the course.
In the event of more than thirty candidates entering the preliminary competition a third prize will probably be offered.
These prizes are open only to those who take the course of training under Professors Robert and Dennis.
In 1902-1903 the Towle Prize was awarded t0 Amos Strickland, of
the first year class.
2. The Lee Prize.-A prize of fifty dollars, the gift of Blewett
Lee, Esq., formerly professor in the School, will be awarded in
1902-1903, to that member of the graduating class who presents the
best thesis; but the Faculty reserve the right not to award this prize
if no thesis should be presented having sufficient merit to justify this
distinction.
3. The Callaghan Prize.-A pri ze of fifty dollars in books, to be
selected from their own publications, the gift of Messrs. Callaghan
and Company, of Chicago, will be awarded annually to the member
of the graduating class having the best record in scholarship for the
entire course.
In 1902 the Callaghan Prize was awarded to Charles Yoe Freeman, A.B., of Chicago.
I.

REQUIREMENTS FOR ADMISSION.

Persons applying for admission as regular students must
answer the following requirements:

�NORTHWESTERN UNIVERSITY.

12

Age-They must be not less than eighteen years of ~ge.
Preliminary Education-A candidate for a degree must have
a preliminary general education equivalent to that of a graduate of a
high school. For the proof of such education required, see page 42.
3. Time of Entrance- No applicant not coming from another
law school will be admitted to the first-year class after the second
week in January, for the reason that the courses of study are carefully
graded, and an acquaintance with earlier courses is necessary for the
pursuit of the later ones. Those who do not enter by the beginning
of January cannot work with profit to themselves, and are a hindrance
to the progress of others. All students intending to enter the school
are strongly urged to do so at the beginning of the year. The disadvantage of delay is great, especially to students who intend to
practice law in Illinois.
1.

2.

ADVANCED STANDING.

The requirements in regard to advanced standing are
explained under the title "Degrees."
•
SPECIAL STUDENTS.

Persons not desiring to be candidates for a degree may
pursue one or more courses as special students, provided they
are qualified to pursue such courses to advantage. They will
receive a certificate of all work done, and they may at any
time enter as candidates for a degree, provided they are qualified under the above requirements. No special student may
take more than twenty-five term-hours of work in one year
without special permission from the Dean.
DEGREES.

All degrees are conferred at the general University Commencement. On this occasion all candidates for degrees are
required to present themselves in person, the Oxford cap and
gown being worn as the official dress.
I.

BACHELOR OF LAWS.

The degree of Bachelor of Laws will be conferred by the
Trustees of the University upon students who 'are recommended therefor by the Faculty of the School. Such students
will be recommended as, in the judgment of the Faculty,

�THE LAW SCHOOL.

are of fit charact!'!r and have complied with the following
requirements:
I. Attendance - Regular attendance for three years is required
of all students with the following exceptions:
I. Students who have studied law for one year, either in a
college, a law school, or an attorney's office,* may obtain a degree
in two years; but students who are admitted to advanced standing
because of studies pursued in an attorney's office must pass all of the
, examinations in the work of the first year in this school before applying for a degree.
2. Students who have satisfactorily completed two years' study in
a law school in good standing may obtain a degree in one year.
3. Students who have satisfactorily completed one year's study
in a law school in good standing, and who have also studied law for
one year either in a college, a law school, or an attorney's office,*
may become candidates for a degree in one year by obtaining special
permission from the Dean.
II. Registration-Candidates for a degree must register for work
amounting to at least ten hours a week for each year.
III. Course of Study - All candidates for a degree must pass examinations in courses amounting to sixty term-hours (the equivalent
of courses of study of ten hours a week for three years); provided
that in reckoning the required number of term-hours required for
graduation there must be included at least ten hours of work in each
term of the third year. But persons who have satisfactorily completed a two-years' course of study in a law school in good standing
will be excused from one-half of the examinations above required .
Persons who have satisfactorily completed less than two years'
study of law in a college or law school in good standing, may be
given credit for this work and be excused from these examinations
to such extent as shall be determined in each case by the Dean.
The specific subjects in which such credit may be given will be
determined by the Secretary at the time of admission.
Four grades are given for work done. The grades are as follows :
A, excellent; B, satisfactory; C, unsatisfactory; D, failure . A student
may not count a course in which he obtains grade C, except he obtain
grade A in another course or courses of equivalent amount; and
except that he may count courses in which he obtains grade C to the
extent of one-sixth of the total work required to be done by him in
this School for graduation.

* Beginning w ith 1904, no allowance will be made for study in an
attorney's office,

�NORTHWESTERN UNIVERSITY .
II.

MASTER'S DEGREE.

The Master's degree in Arts, Philosophy, Science, or Letters will be conferred under the following conditions:
A graduate of the College of Liberal Arts of this University, or of some other in which the requirements for the
Bachelor's degree in Arts, Philosophy, Science, or Letters are
equivalent to the requirements for the same degree at this
University, may obtain the Master's degree at the same time ,
with the degree of Bachelor of Laws by pursuing, with the
sanction of the Faculty of Liberal Arts, advanced work iu
subjects approved by that Faculty, and obtaining credit in
such work to the amount of twelve semester-hours; and by
presenting a thesis on an approved topic. The courses of
study may, in part or entirely, deal with legal subjects; but
courses of legal study, in order to count for the degree, must
be (a) of an advanced nature; (b) not otherwise counted for
the degree of Bachelor of Laws; (c) pursued under the direction of a member of the Faculty of the Law School. Students
in law, intending to become candidates for the Master's de gree, must register for the same in the College of Liberal
Arts and in the Law School on or before the first Monday
in October of the year in which they expect to graduate,
and must pay the diploma fee of ten dollars. The Master's
degree is open upon the same terms tb graduates of the Law
School who register before the October next following the
completion of their professional course.
The following subjects have been approved by the Faculty
of Liberal Arts, and work therein may be counted for the Master's degree : Constitutional Law, International Law, Administrative Law, Roman Law, Jurisprudence, Legal History.
SCHOLARSHIPS FOR STUDENTS.

Six assistant librarians and monitors are appointed annually.
These receive free tuition in compensation fo~ their services.
Applications for appointment should be addressed to the Secretary of the Law School.

�CORPORATION BY-LAWS.*
Corporation by-laws may be briefly defined as the regulations,
ordinances, and rules adopted by a corporation for its own government. This is the American definition of the word. Ih the English
reports it means what we term municipal ordinances. You must
be careful in your studies to remember this meaning as used in
the English cases.
To-night I am speaking from the American point of view.
Jt is an inherent right in every corporation to enact by-laws.
Blackstone says that that right goes back to the Roman law and
the Twelve Tables. Usually in the statutes regarding corporations
it is provided that the corporation may pass by-laws. But without
that the corporation has an inherent right to enact by-laws, whether
it is so specified in the charter or not.
In this State it may enact by-laws not inconsistent with the laws
of the State, and this is the right given generally in any case. This
right is the right to enact reasonable by-laws.
Some corporations have what they call a constitution. It is not
ex~ctly a charter, and in the opinion of the corporations is regarded
as somewhat more safe than by-laws. Really, however, this is nothing more than by-laws, under another name. The charter is really
the constitution of the corporation. Anything provided after that
is in effect nothing more nor less than a code of by-laws. Therefore
such constitutions as that of the Royal Arcanum are really by-laws,
not a constitution as named.
By-laws may be distinguished from municipal ordinances, because
the latter are binding upon eve rybody within the municipality, regardless of who they are, while the corporation by-laws are binding only
by consent, that is, upon those who by express or implied consent
have agreed to them. They are of permanent use for the regulation of the corporate affairs. For example, a street car company
adopts a code for the regulation of the conduct of its drivers and
motormen. These rules are not by-laws for the direction of the
company itself.
It is not essential that a corporation should have by-laws. At the
same time it is important that they should have. Many small corporations are organized without them, but sooner or later they are
apt to get into trouble. An illustration occurred in my practice
• An address delivered in the course on Legal Tactics, Monday evening,
October 13, 1902.

15

�16

NORTHWESTERN UNIVERSITY.

some years ago. It was the case of a man who had a private business which he incorporated, made himself and two cle rks the three
directors, and sta rted in doing business as a corporation without
by-laws. Things went along for a yea r or two, business began to
lose, and he found that it was not profitable, and wanted to sell
it. He had nothing left but his stock of goods. He was not the
corporation, and could not sell the entire corporation himself, the
clerks had gone, he had no board of directors, and he was thoroughly
helpless. Had he had by-laws, he might have called the directors
together, filled vacancies, and given a uthority to se ll. H e sold at a
very great sacrifice because of the cloud upon the titl e which he
conveyed. This illustrates the difficulty of a corporation without
by-laws. It is in a very helpless and unsafe condition.
There are a good many matte rs in the Illinois sta tutes which
should be regulated by by-laws. Directors should be provided
for by the by-laws; vaca ncies in the directors should be filled in
a ccordance with the by-laws. If you have no by-laws you have
no way of doing these things.
The adoption of by-laws is the next point I wish to speak of.
They are ordinarily in writing. Some old English cases show that
th ey ma y be in custom, not in writing. This may be tru e, but it
is very rare at the present day, for to-day most corporations have
their by-laws in writing. Certainly they ought to be in writing.
Some statutes provide that they shall be under seal. This is not
the law in Illinois. Sometimes it is required that they be record ed.
Ordinarily under most statues it is sufficient, if the corporation adopt
by-laws, to place them on the minutes. This is the natural place
for them.
The next question is, who should adopt them. In the absence
of statutory or charter provision, they must be adopted by the members of the corporation, the stockholders. But in some States, as in
Illinois, it is provided that they shall be adopted by th e directors.
In Colorado they may be by the directors, but if not, then by the
corporation. So the first thing to find out is what body passes the
by-laws. If the right is given to the directors, then the stockholders
have no right to do it. However, the law looks at the essential
instead of the external; and where the same persons are both directors and stockholders, and they meet and adopt by-Jaws, they will
be held valid and binding by-laws, although they misnamed themselves. This has occurred in two cases where they were held good.
In the same way where the directors were present at a stockholders' meeting, and agreed to them, that was held good where th e
right to pass them rested with the directors. There are two exceptions in this State to the rule of the directors passing the by-laws.

�THE LAW SCHOOL.
These exceptions are railroad corporations and building and loan
associations. These must be adopted by the corporations themselves, and they must be recorded.
It has been held, moreover, that by-laws may be adopted by ratification. A case arises sometimes like this, where a savings bank
has printed in its pass-book a code of by-laws which they never
have formally adopted, but they have acted on them and represented them as the by - laws, and they will be held to be their
by-laws by ratification. The proper way, however, is to put them
in the minutes.
The directors or stockholders may adopt by-laws at any regular
meeting, and a quorum only is necessary. The entire corporation
need not be present. The general rule is, as you are aware, that
corporations can perform a corporate act only in the State in which
they are chartered. Adoption of by-laws is a corporate act, so that
the by-laws cannot be adopted outside of the State. This is important to remember to-day, because in many cases corporations are
being chartered under the laws of other States than our own, especially
in New Jersey. I know of one case where an Illinois corporation
adopted by-laws in ew York, and they were held to be not good.
The next question is that of the subject matter of by-laws. There
are four general rules in regard to the subject matter of by-laws.
First, they must conform to the law. Second, they must conform
to the charter. Third, they must be reasonable. Fourth, they must
be germane to the object for which the corporation is organized.
Taking them up in order, they must first conform to the law,
not only the law of the State in which it is organized, but also the
common law, the law of the United States; and, so far as it affects
the corporation, the Constitution of the United States and the Constitution of the state. A by-law taking away property without due
process of law would be unconstitutional.
Second, they must conform• to the charter. This is to the corporation what the Constitution is to the State, and the by-laws are
similar to the statues. So, therefore, the by-laws must obey the
charter. There is one exception to the rule, however, and that
is where the charter, which is ordinarily drawn by the corporators
themselves, and frequently contains illegal provisions. In this case
they must bow to the law of the State.
Third, they must be reasonable. In that respect the same rule
applies that applies to ordinances of municipalities. They must
be reasonable, or they are not bindi11g upon the members of the
corporation. This is really a provision of the common law, and
there are a great many cases in the books as to what are unreasonable by-laws. It is impossible to lay down any general rule

�r8

NORTHWESTERN UNIVERSITY.

Sometimes the same by-law is reasonable in one jurisdiction and
unreasonable in another. One queer case is that of a by-law providing for treating the members of the corporation to dinner at the
expense of the officers, and that was held void.
Special provisions of the by-laws. Of course the attorney drawing the by-laws will first go through the statute book and see every
reference made to the by-laws in the statutes, and take care that
his by-laws do cover all these points. You will not find in Illinois
that these provisions are grouped together in one place. They are
scattered around and are pretty well hidden away. You must look
well for all of them. One of the most important provisions treated
in the by-laws is the question of stockholders' meetings. These must
be held, and the by-laws should provide when they should be held,
giving a time, place, and provision for notice, unless the statute
does it. When the statute does this then of course the by - -l aws
need not; but if they do then they must only repeat the statute,
except that they may give longer notice, but not less than the
statute provides.
Provisions for general meetings and special meetings; how these
may be called. This is provided for by statute in this State. The
by-laws might provide that a smaller number of stockholders should
call a meeting, or that the president may call. In drawing the
by-laws you must of course consult your client's wishes in the matter. When by- laws provide that a meeting shall be held upon
a certain day of the month, it is always well to put in a provision
that if the day mentioned falls upon Sunday the meeting may occur
upon the succeeding day.
In drawing by-laws for a corporation, where it is a small one, you
must remember that they won't have an attorney at each meeting,
so the by-laws must be clear and easily understood. You may not
be there to explain them to the directors or stockholders.
Then at these stockholders' meetings not all of the stock will
be present, consequently the by- laws should provide what shall
constitute a quorum. At common law a majority was not essential.
The common law provision was that stockholders may allow at an
election those who have a right to vote, and a quorum is not a particular number. But to-day _it is usually provided that a certain
number shall constitute a quorum, and in many cases a majority
is required to make a quorum. It might be wise in some cases
to make it larger. I would advise you not to make it too high,
because you may find when the time comes that it is hard to get
a large number present. Ordinarily a majority is sufficient.
As to absent members. The right of voting by proxy is usually
given. Originally there was a little doubt as to the right to vote

�THE LAW SCHOOL.
by proxy; but to-day it is settled, by decision in Illinois certainly,
that the members may vote by proxy. To avoid uncertainty, however,
the by-laws should provide how the proxy shall be given. It should
be in writing, or it may be required to be under seal; but at any
rate it should be provided just how this should be done .
Very often the by-laws provide for an order of business at stockholders' meetings, so that there should be no doubt what shall be
done and how it shall be done. This operates to prevent the omission of any important matter.
As to the directors. · The by-laws sometimes make provision for
the number of directors. It is unnecessary, however, to do this in
Illinois, because the number of directors in this State is fixed by the
charter. This is true in most States. Where the charter does not
so provide the by-laws should provide for this, and the term of office
and the manner of electing.
As to filling vacancies. Our statute provides that it shall be done
according to the by-laws. It is important therefore that this should
be provided for by the by-laws, or there would be no way whatever
of filling the vacancy. This may be done in various ways; but some
provision, at any rate, should be put in.
General qualifications of directors. In this State and in many
others the directors need not be stockholders; but it certainly is
much better that they should be. It is a common error in this
State to think that a director must be a stockholder. Certainly it
is a very wise provision that he should be, and it should be put
into the by-laws. If you wish your directors to have a salary that
should be put into the by-laws by a proper provision. In most
small corporations they generally have no salary; in large ones
in many cases they receive five dollars or ten dollars for every
meeting they attend. If you wish to make such an allowance, provision should be made in the by-laws.
Provision for meetings of the directors should be made in the
by-laws. In many cases of small corporations, where they do not
care to have the bother of frequent meetings, they have them once
in six months. But this is a mistake. There should be a meeting
once a month; for it will do no harm if they do get together
certainly every month; but if yciu should have some really important business coming up, the directors won't have to wait five or six
months. or in the cases of some corporations having yearly meetings of the directors, eight or nine months or more. Of course in
such a case the thing to do would be to call a special meeting,
and this again is another important thing to be provided for in the
by-laws. Provision should be made as to how such a meeting can
be called, and what notice must be given.

�20

NORTHWESTERN UNIVERSITY.

The by-laws should provide what constitutes a quorum of the
directors. In the absence of a provision in the by-laws a majority
is a quorum. New York allows a smaller number than a majority
to constitute a quorum. It is better, however, to have it in the
by-laws. There should also be a provision for an order of business for the director's meetings, so as to have some means of carrying along the business in an orderly fashion.
Officers of a corporation and their duties should be fixed by the
by-laws: It is a good plan not to have too many officers in the
case of a small corporation; but the nature of the corporation determines that in most cases. The ordinary officers are the president,
vice-president, secretary and treasurer, and possibly a general manager. In many cases the latter is an employee, not an officer. This
depends upon the individual case, however. You may wish to have
the officers all directors or stockholders. In order to make this
arrangement you should put it into your by-laws so that th ere may
be no dispute. Sometimes one man may not hold two offices. If that
is to be the policy of your company there should be put into the
by-laws a provision to that effect.
This settles any dispute that
might be.
The most important office in the corporation is of course that
of the president, and he has very large powers, and the powers
are very different in different kinds of corporations. In enumerating these powers I would caution you not to put in too many
details. Where your officers are well known it would be better
simply to say that those officers shall perform the duties ordinarily
devolving upon officers of that name. But if you wish to enume rate, be sure to put in every power you wish them to assume, for by
enumerating some and omitting others you may deprive them of some
powers you wish them to exercise.
In a case where the president really owns the corporation, ow ns
a very large part of the stock, then it would be well to give him
very large powers, providing that in the absence of a meeting of the
directors he may take such action as he sees fit. But in a case
where the president was, say, a promoter, and the money was put
in by others, then in such a case it would be better that he have
very limited powers. Take the question of borrowing money. If he
is the chief stockholder, then he might naturally have the right to
borrow money without the authority of the directors. But in a different sort of a corporation it might be better that he should not borrow money at all without authority, or only certain sums, and not
to exceed them.
It would be a wise provision of the by-laws that the treasurer
should give bonds. But these matters are all matters of detail to be

�THE LAW SCHOOL.

21

settled by your clients in each case. As to the bonds, you might say
that the officers shall give bonds as required by the directors.
The term of office of the directors must be regulated by the bylaws. You must provide for this in your by-laws in this State.
The question of stock is regulated by the by-laws. The amount is
fixed by the charter, but the by-laws may provide for many important points concerning the stock: the form of the certificate, by
whom to be signed, and provisions as to transfer. The law in this State
provides that the stock shall be transferred as provided by the bylaws. If you have no by-laws, there is no way of transferring the
stock. The ordinary provision is that the shares should be transferred on the books of the company. This is rather blind, but often
the transfer is by an assignment like this: "I hereby transfer, assign,
sell, and set over the within stock to - --, and authorize - - - to
transfer the same on the books of the corporation." Where such a
provision is made by the by-laws the stock is really not transferred
until the written assignment is made on the books of the company.
Where there is preferred and common stock the by-laws often make
provision about that. Where the corporation has existed you cannot
change common stock into prderred without the consent of the stockholders. That must be by unanimous resolution of the stockholders.
The proper place to provide as to preferred stock, as to the rate of
interest and the time for payment, is in the by-laws.
Transfers are often annoying to the officers of the corporation.
The by-laws seldom provide for this as they should. Suppose a
holder of stock dies. The title devolves immediately by operation
of law upon his administrator or executor, and they have the right to
have the stock transferred to their own name on the books of the
corporation, but in the absence of a by-law provision as t.:&gt; how the
corporation shall learn who is the administrator or executor much
delay and confusion results. Sometimes the officers will take the
word of an attorney upon it. This is not right. It should be provided
that in the case of death of any stockholder that the stock may be
transferred to the administrator by leaving with the secretary a certified copy of the letters of administration, or a certified copy of the
will and the letters of administration. Then you have in your office
the written evidence of his right to receive the stock.
Another case is where the certificates have been lost. You are
helpless, perhaps, because your stock has been burned or lost. You
own the stock, but you have nothing to show for it. You have the
right to go to the company and demand a new certificate. But you
must make an affidavit and give security. It would be a very good
provision to put in the by-laws just what shall be done in this
case. It is easier to obtain the proper affidavits, etc., when there is

�22

NORTHWESTERN UNIVERSITY.

such a provision in the by-laws. This would make it easier for the
secretary to know what to do. There should also be a provision in
that respect that notice should be given of loss, and a period of time
allowed to lapse before issuance of the new certificates of stock, so
as to give opportunity to find the old certificate if possible.
As to paid-up stock. In many cases it is not all paid-up stock. It
is subscribed for, but not paid up. In such a case your by-laws should
provide how these instalments should be called in, possibly that ten
per cent. should be paid in each year, or as called for by the directors
There should be some provisions in the by-laws as to how this should
be done. There should be some provision for enforcing these calls
Suppose a man refuses or fails to pay. There should be a proviso in
the by-laws to compel him to do so. Sometimes it is allowed to be
forfeited. But you should be careful not to have it forfeited directly,
but you must have the stock sold, apply the receipts upon the subscription, and then the balance should go to the subscriber. This is
required by our statute, and should be put in the by-laws. Another
point sometimes covered is the question of a lien upon stock for debts
due from members of the corporation. This applies usually in cases
of banks and corporations that lend money. The provision is valid,
and bas been held good ever since 1723, when Lord Macclesfield held
such a provision valid. But in that case you should put on the back
of the certificate some notice of that provision, either the by-law
printed in full, or an abstract of it.
Sometimes the by-laws attempt to restrict the transfer of the stock.
This is most frequently found in small corporations where they want
to keep the stock within a certain set or clique. It is sometimes provided that it shall only be transforred to other stockholders, or only
with the consent of the directors or stockholders. The legality of
these restrictions is doubtful. Be very careful in putting in such a
provision to see what your own statute says about it. There has been
no decision in Illinois upon this point. In Wisconsin it cannot be
done. These restrictions are not ordinarily in favor, but are generally
regarded as in restraint of trade.
A very proper provision in the by-laws is in regard 'to the corporate
seal and place of business and things of that kind. There are many
provisions that might be put into the by-laws. Suppose, for instance,
that the statute provides that a certain notice shall be given of all
meetings. It is perfectly proper to incorporate this in the by-laws.
In such case the directors, if they have not the statutes handy, will
follow the statutes while obeying their own by-laws. There is danger,
however, of putting them in. Officers and members of the corporation may see these provisions, and think they are only by-laws, and
that they have a right to change them, and wipe them out altogether.

�THE LAW SCHOOL.

'

'I

I

It would be well therefore to say that certain by-laws, being merely
recitals of the statute, cannot be amended by the corporation.
By-laws often make provision as to how contracts shall be entered
into, who shall sign them, etc. It is often necessary to insert provisions for enforcing the by-laws, as by a penalty for non-payment of
assessments. It is frequently done by fine, and this is proper if the
fine is reasonable. The only way the fine could be collected would
be by legal action or by making the fine a lien upon the stock. It
might also be enforced by expelling a member from the corporation . This could apply only to cases of fraternal corporations or
organizations of that sort, or associations like the Board of Trade or
incorporated colleges. They might also provide for expulsion for
non-observance of the by-laws. But these must be reasonable, and
the member must be tried by a competent tribunal of the corporation.
Amendment and repeal of the by-laws. The general rule is that a
body that adopts by-laws can amend or repeal them. There are two
exceptions to that in Illinois. One is in the case of associations not
for pecuniary profit, like colleges and churches. There is a curious
provision in our statute to the effect that the by-laws may be adopted
by the directors or trustees, and having been so adopted may be
added to, but not amended, by the corporation itself at any regular meeting.
The other exception is where many of these associations have
adopted by-laws at the time they incorporated and they were included
in the articles of association. It has been held by our Supreme Court
that they could not be altered at all, as they were really a part of the
charter. This is an exception to the general rule that they may be
amended. The law of 1893, however, expressly provided for the
amending of corporation by-laws.
Usually they provide how they should be amended, and limit
the right to amend. This is a very proper provision to put in, but it
is to be construed in connection with the law. Take the case of a
building and loan association, where the by-laws provided that they
might be amended, but the Supreme Court said they could not be
amended or repealed by any provision of this kind, though they
could be amended or repealed by the directors. Where you put in a
provision of that kind make it that they cannot be amended except
by unanimous vote, whereas a majority vote would adopt it. As long
as that by-law stands, the directors could not amend any other by-law
except by unanimous vote, but there would be nothing to prevent their
first repealing that by-law and then doing as they please with the
others. They could first repeal or amend that by-law by a majority
vote, and then change the others to suit themselves. Even where it
is not formally repealed or amended it may be waived in a particular

�NORTHWESTERN UNIVERSITY.

instance, and that waiver may take place even when there is a provision
against waiver in the by, laws themselves. This comes up most frequently in mutual benefit associations like the Royal Arcanum. Suppose you issue a policy contrary to the by-laws. They cannot set up
the by-laws as vitiating the policy, because the issuance of the policy
has waived the by-law.
They are construed as contracts are. They are construed together
like statutes, if possible, so that they will stand. Penal provisions
will be construed strictly in the same way that penal statutes are.
The construction of the by-laws is for the court, and not for the jury,
except where the provisions are ambiguous, in which case some States
say that the jury shall first say what the by-laws mean, and the court
shall then apply it. There was a curious case in Pennsylvania, where
enlistment in the regular ilrmy worked a forfeiture. The member
enlisted in the volunteer army, and the court adopted a very strict
construction of the by-law on the theory that it was unpatriotic.
A by-law like this often comes up: "No salary shall be paid except
to the secretary." This would not of itself give the secretary a
salary. This would merely authorize the directors to vote him a
salary.
The effect of by-laws depends upon consent. They are binding
upon the corporation, and can be relied upon by the corporation in
all its transactions. They are binding upon the directors, who are
chargeable with notice of them. They are binding on the officers
whether they are members or not. They are binding upon the members because they have consented to them. They are binding upon
third persons only in case they have expressly or constructively consented to them.
Suppose a by-law provides that no employee shall be employed for
more than one year. An officer is employed for longer than a year, and
the employment is held to be void because the officer is presumed to
know that the contract was in violation of the by-laws, and therefore
void. But where the person employed is not an officer or a stock holder, then the corporation would be bound because this third person
would not be held to have consented, not having bad notice of the
by-law. He might have known of course, but in the absence of any
evidence that this was the fact, the corporation would be bound to pay
him for his full time. But where an employee was employed for life it
was held not valid, because he must have known that this was not in
accordance with the by-laws of the corporation.
The enforcement of the by-laws is an interesting subject. They
are enforced by fine, sometimes by expulsion. There cannot be a
double punishment. You cannot fine a man for not doing a certain
thing, and then punish him for not paying the fine. This bas often

�THE LAW SCHOOL.

25

been attempted in corporations. It cannot be done where property
rights are involved. But where no property righ ts are involved the
courts will not interfere ordinarily.
When by· laws come into court they must be pleaded and proved.
Proof must be made by bringing the record into court. Where bylaws have been acted upon for a long time, you can still prove them
by parol evidence.

�LIST OF STUDENTS ENROLLED DURING
THE YEAR u102-1903 .
THIRD YEAR.
Baird, Tasper Arthur,

Carthage.

Block, Manfred Sickle,

Platteville, Wis.

Case, Charles Center,
Clark, John W oodbury,
Crafts, Harry Kent,

Cherry Valley.
Paw Paw.
Chicago.

Crilly, Oliver Dani el,

Clzicago.

Daly, Charles Lawrence,
Deering, Thomas Gardner,
Devine, John J.,
Dunbar, David Oweu,

Chicago.
Clzicago.
Chicago.
Center Point, Ia.

Eberhardt, Alfar Maximilian
Eschbach,Jesse Ernest,

Chicago.
Warsaw, Ind.

Ferrell, Hosea V., Jr.,
Frank, Lee Julius,

Carterville, Ill.
Cltz'cago.

Guthman, Roy,
Headen, Thomas Moulton,

Youngstown, O/tio.
Shelbyville.

Kahn, Tulius Maurice,

Petersburg.

Kay, Fred Hans,
Keating, James Williams,
Keep, Albert, 2d,
Kidder, Royce Annan,
Knapp, William Proctor,

Chica!(O.
Chz'cago.
Chicago.
Sterling.
Clzicago.

Kompel, Morris,

Chicago.

Kropf, Victor Gustav,

Richland, Kas.

Lamar, Clyde Park,
Lee, Curtis Gillmore,

Chicago.
Chicago.

A.fl., Carthage College. •
B.L., University of Wisconsin.

A.B. , University of Michigan.
A.B., Harvard University.

B. S., Cornell College; A.B., Columbia University.
Ph. B..

tterbein College.

A.B., University of Chicago.
A.B. Unive rsity of lllinois.

A.fl., Northwestern University.

Ph.B., Iowa College.

B.L., Northwestern University.
A.B., Washburn College.

26

�THE LAW SCHOOL.

Matthews Jacob Scott,

Chi"cago.

Mayer Elias,

Cldcago.

McKinney, Marion Hayes,
Mergentheim, Morton Adolph,

Cllicago.
Fort Wayne, Ind.

Mills, Matthew,

Chicago.

Murphy, Edward James,
McNulta, Donald,
Niles, John Addison,
Odell, Benjamin Franklin Jefferson,
O'Donnell, Thomas Vincent,

Evanston.
Chicago.
Chicago.
Chica.(;o.
B loonzington.

Peckham, Tohn Judah,

Geneva.

Peterson, Earle Lloyd,
Phillips, Paul B.,

Rockford.
Wl1eaton.

Quinn, Leonard Daniel,
Quinlan, Thomas Ambrose,

Kewanee.
Chicago.

Rose, Charles George,
Rosenberg, Hyman
Rosenstone, Bertram W.,
Schafer, Frank Boeshair,
Shaw, Toseph Laurence,

Clzi"cago.
Clzicago.
Clticago.
El Paso.
Geneseo.

Swigert, Harry Amos,
Thomasson, Nelson, Jr.,

Council Bluffs, Ia.
Chicago.

Thomsen-von Colditz, Sandor,
Todd, Leroy Levi,
Van Voorst, Fred,
Welch, Robert Leslie,

Chicago.
Milledgeville.
Monticello, Ind.
Des Moines, la.

Whitely, Arthur Laurence,

Evanston.

A.B., University of Michigan.
A.B ., Harvard Uni,ersity.

A.B., A.M., University of Chicago.
A.B., Yale University.

LL.B., Indiana University.
A.B., Harvard University.

A.B., Wheaton College.

A.B., A.M., St. Mary's University.

A.M. 1 University of Wisconsin.

A.B., Princeton University.

A.B. University of Chicago.

B.A., Williams College.

Adelman, Abram,
Banning, Walker,
Barber, Clayton Jackson,

SECOr D YEAR.

Ph.B., Illinois College.

Clticago.
Chicago.
Springfield.

Bates, Alfred Ricker,
Bays, Alfred William,

Evanston.
Enfield.

Brown, Thomas Baldwin,
Butler, Herbert Benjamin,

Chicago.
Springfield.

B.S., Knox College.

�28

NORTHWESTERN UNIVERSITY.

Campbell Herbert John,

Riverside.

Clark, Edwin Oliver,

Wltitejield, Ind. Ter.

Fairchild, Sherman DeWitt,
Fischer, Henry Fred,
Follett, Otis William,
Grover, George Oliver,
Hagens, Graddus Remley,

Sullivan.
Addison.
Libertyville.
Leland.
Pella, la.

Hart, Merwin Michael,
Johnson, Alton Francis,
Kepler, Louis Howard,

Chicago.
Chicago.
Mt. Ver11011, Ia.

Krueger Nathan L.,
Lang, Joseph Ignatius,
Lindhout, Dingnus Kloppenburg,
Louis, George L.,
Manierre, Louis,

Clzica[[o.
T¥oodstock.
Chicago Heiglzts.
Chicago.
Chicago.

Meek, Marcellus Woltz,
Miller, Albert Grant,
McAuley, Henry Sayes,

Chicago.
Chicago.
Chicago.

Rutter, Rhea Barton,

Higltland Park.

Sherlock, Carl Garfield,
Spencer, Charles Hopkins,

Riverside.
Rock Island.

Trude, Daniel Pearson,
Wiles, Russell,

Clzicago.
Chicago.

A.B. , University of Michigan.
A.B., Central University.

A.B. , Central College.

Ph.B., Cornell College.

A.B., Yale University.

A.B., Yale University.

A.B., Williams College.

A.B. , Wesleyan University
S.B., University of Chicago.

FIRST YEAR.
Best, John Henry,
Boggs, Richard Lee,
Bohan, Edmund Russel,
Brink, Hal,
Carleton, Charles Harvey,
Cashel, Thomas Daniel,
Cline, 1 orri s Burt,
Crafts, Maurice Wilbur,

Qidncy.
Fafrjield.
Los Angeles, Cal.
Red Oak, Ia.
Chicago.
East St. Louis, Ill.
Aj)j)!eton City, Mo .
Chicago.

Crumpacker, Shepard,

Westville, /11d.

Coman, Warren Eugene,
Davis, Charles Henry,
Dennis, Roger Lee,

Chicago.
Greeley, Ia.
Traer, Iowa.

Ph .B., Kenyon College.

B.S., Northwestern University.

�THE LAW SCHOOL.
Dewes, Edwin Pierre,

Chicago.

Dobbin, David
Dove, Theodore Clark,
Downes, Earle Raymond,
Egge rt, Alfred R.,
Ferguson, Charles,
Fifer, Ernest Reynolds,

Stronghurst.
Slielbyville.
Harva rd.
Charles City, Ia.
Mendota.
Chicago.

Fulton, Louis Reginald,

Gibson City.

Gannon, Edward,
Geringer, John Charles,
Gunther, Miss Attilia,
Hamilton, Elisha Bentley,

Chicago.
Chicago.
Chicago.
Quincy.

Helms, Otto Herbert,
Herman, Charles Jacob,
Hinman, Asahel Albert,
Howser, Roy,
Hughes, Arthur Freeman,
Hupp, Frank Leslie,
Johnson, Edgar,

Chicago.
Chz'cago.
Perry.
Indianola, Ia.
Spi-ingjield.
Long Point.
South Bend, Ind.

Kersten, Walter George,
Kostner, Joseph Otto,
Lewis, Harry Chester,
Lynde, Cornelius,

Chicago.
Chicago.
Mendota.
Chicago.

Mackenzie, Rex,

Clii'cago.

Manning, Horace Milton,
May, William Green,
Meusel, Oscar Moretz,
Milne, William,

Clticago.
Evanston.
Oshkosh, Wis.
Arbrorath, Scotland.

Murdock, Max,
McKinney, Fred Landin,
Osborne, Harold S.,

Streator.
Piqua, Ohio.
Chica1;0.

Ott, John Nash,

Cltica1;0.

Pirosh, George Bertram,
Putnam, Karl Frederick,
Pierson, Ward Wright,

Clticago.
Mt. Carmel.
Wilmette.

Pitte, Hugo Lewis,
Quitman, Walter,
R osenblum, Harry Moses,

Chicago.
Clticago.
Evanston.

A. B., H arva rd University.

B.S., Northern Indiana Normal College.

A.B., Knox Co!Tege.

A.B., Illinois College.

A.B., Princeton University.

A.B., Williams College.

A.B., Princeton University .

Arbrorath Collegiate Institute, Scotland.

A.B., Williams College.

B.A., Amherst College.

B.S., Northwestern University.

�NORTHWESTERN UNIVERSITY.

Ryden, Otto Gustaf,
Sadler, Monte Hanauer,
Sargent, Jean F.,
Scheiner, Frank Harry,

Evanston.
Cairo.
Hurley, S. Dak.
Chicago.

Schmitt, Felix Harold,
Seney, Edgar F.
Strickland, Amos Aaron,
Swige rt, Robert Guy,
Talcott, Harry Harvey,

Clzicago.
Clzica({O.
Clzicat:o,
Chicago.
Chicago.

Taylor, David,
W ard, Charles
Warner, George,
Wengierski, Julius Francis,
Wheklinski, John Benjamin,
Williams, James Edward,
Wright, Adelbert S., Jr.,

Cliicago.
St. Joseph, Mich.
Somonattk.
Clz£cago.
Clz£cago.
Emmetsburg, Ia.
Woodstock.

Ph.B ., Northwestern University.

A.B., University of Michigan.

SPECIAL STUDENTS.
Amory, E. P.,
Barnes, Chester Davis,
Buntain, Cassius M. Clay,

A.B.; A.M., LL.B. , Northwestern University.

Ch£cago.
Kenosha, {,Vis.
, Momence.

Childs, Robert,

Ch£cago.

Christopher, Henry Raymond,
Clendenning, Thomas C.,
Cleveland, Frank Clayton,

Chicago.
Cllica.({o.
Ch£cago.

Cox, Howard Malcolm,
Davis, Oliver Colene!,
Dietz, Cyrus Edgar,

Chicago.
Evanston.
Gilman.

Dougherty, Ralph,

C/licago.

Drury, F. H.,
Eckhart, Percy,

Ch£ca.({O.
Chicago.

Granger, Joseph I.,

Bourbonnais.

Herbert, Lloyd,

C/licago.

Hollock, Roland Martin,
Honneger, Peter,

Chicago.
Chicago.

Manzy, Amon,

Ch£ca({O.

LL.B., Harvard University.

Ph.B., University of Chicago.

A.B., LL.B. , Northwestern University.

'LL.B., Harvard Universit y.
LL.B., Harvard University.
A.B., A.M. , St. Viateur's College.

LL.B., Chicago-Kent College of Law .
LL.B ., Northwestern University.
LL.B., Northwestern University.

�31

THE LAW SCHOOL.

MacChesney, Nathan William,

Clticago.

McClure, Robert Samuel,

Chicago.

Ortseifen, George,
Raltree, William,

Chicago .
Clticago .

Rice, Cyrus W.,
Riley, Henry,
Shervey, Charles 0.,
Smith, Claude vV.,
Topliff, Samuel,

River Forest.
Chicago.
Chicago.
Danville.
Evanston.

Tyrrell, Pierce Crawford,

Eight.

Weeks, Harvey Thomas,

Cliicago.

Wilson, Edward F.,

Chicago.

Wise, Alorn Walker,
Wise, Everett L.,

Clticago.
Chicago.

Yamaguchi, Shun,
Vlackos, Andrew John,

Yokoliama, Japan.
Tripolis, Greece.

Young, Randall Boyer,

Red Oak, Ia.

LL.B., University of Michigan.

A.B .. University of Chicago; LL.13., Northwestern
University.

LL.13., Chicago-Kent College of Law.

A.B., Bowdoin College; LL.B., Northwestern Uni·
versity .

LL.B., Northwestern University.
A.B. , Yale University.

B. of M.E., University of Michigan.
A.13.; LL.B., Harvard University.

LL.B., University of Greece.

�HOLDERS OF ACADEMIC DEGREES.
Colleges ·
Represented.

Number of
Graduates.

Amherst College _- - -- - -- - - -- - . - - - ------ ____ _- -- - - - - ---- ---- ---Bowdoin College ---- --------- - -- -- ---- ---------------- -------Carthage College ---- ----------------------------------------- Central College ____ ____ ____ _____ ____ ____ ____ ____ ______ ____ ____
Columbia University ____ __ ___________ _______ _____________ _____ _

2

Corne I I College _--- ------ ------ - - - - - - -- - - -- __ - --- ---- -- - - --- - - Harvard University -- __ ______ _____ __ _____________________ ______ 8
Illinois College __________________________ ______ __________ ·----- 2
Illinois Wesleyan University _____ ________ ________________ ____ _
Iowa State College ______________ .. ________ _______________ ______ _
Kenyon College _____ __________ ____________ ______________ _____ _
Knox College -------------- -- ---- -- --- --- ------- _______ _______ 2
Northern Indiana Normal College- ---------- ------------------ Northwestern University_-------- -- -- ____ - - -- - - -- - - ---- - --- ---- 7
Otterbein College ______________ ______ ___________________ . _____ _
Princeton University- - --- -- - - ---- - - ------ - - - - -- - - -- -- ---- - - -- - - 3
St. Mary's College ____________ ---- _____ ___ ____ _________ ________ _
St. Viateur's College- ----- -------------------- ------- -------- -University of Chicago ------------ ---- --------------------- ---- 6
University of Illinois - -- - - ______ ---- ____ ---- ---- _--- ---- ______ University of Michigan------- ----------------------- -------- - - 5
University of Wisconsin __ __ ---- - ------ ----- ---- ------ --- ------ 2
Wash burn College ___________________ __________________ _____ __
Wheaton College ------ ---- - --- . - --- ___ -------- ________ ______ __
Williams College---- ------·----------- ------- - -- ------------ -- 4
Yale University--- -------- ---- --- ----------------------------- 4
Total number of college graduates----- ·· ___________ . ________ 6o
Total number of colleges represented- -- - __ ____ _____ __ __ __ __ 26
RECAPITULATION.
Third Year Regular Students -- ------ -------- -------------- ---- 53
Second Year Regular Students -------- - ----- --- ---- -------- ---- 30
First Year Regular Students _______ _______ _____________________ 66
Special Students---- ------- ----- --------- --- ------------ ---- --- 35
Total - -- - -- -- -- -- - -- - --- - ____ ____ - -- - . - -- _--- ____ _________ 184
Holders of Academic Degrees ----------- - --- ------- ------------ 6o
Percentage of College Graduates--------- ---- -------- -- ---- ---- 33
Students Holding Degree of Bachelor of Laws ---- ____ ------ ____ 15

32

•

�DESCRIPTION OF THE NEW QUARTERS OF
THE SCHOOL.
The site of the Northwestern University Building in which the
new quarters of the School of Law are situated, is one of historic
interest. The remodeled TEemont House, a massive structure, is the
fourth building of that name to occupy the spot. Since 1833, the year
of Chicago's incorporation as a town, the caravansaries that were
successively erected here became the frequent sojourning-place of
the most famous persons who from time to time came to Chicago.
Here was begun the memorable debate between Lincoln and Douglas
in 1858; here were the headquarters of Lincoln's friends during the
nominating convention of 186o; here Douglas lay on bis deathbed;
here took place, at the close of the war, the soldiers' reunion, in which
Grant and other distinguished generals participated; and a long list
might be made of other names, eminent in all fields, whose memories
will ever cling to this central spot in the life of Chicago. Many of
these notable persons and episodes are recalled in the speeches made
on May 23d last, at the reception to Professor Hurd (the report of which
was printed in the August Bullett"n of th e School). "It seems to me,"
said Mr. Elbridge Keith, on that occasion, "that in no other spot in
Illinois have there been so many associations with that which has
made history. There could be no more inspiring spot where you
could go to get stimulus for noble deeds and noble thoughts. You
should have the heritage which those noble spirits here hand down
to you."
Having in mind the interesting associations of the spot, the
Faculty have endeavored to equip the School's quarters in such a way
as to maintain the dignity and interest of the place, and also to be
worthy of the best traditions of the profession whose interests it
serves. The object has been to provide a fitting home for legal
scholarship, by reviving amidst daily work the historic past of the
School and of the profession at large, and by embodying in the surroundings all that could inspire the student with faith in the achievements of his predecessors in the law and with resolution for bis own
part of that great work in the future.
The School's quarters are entered from the landing on the third
floor in the northwest angle of the building. All the wood trimmings
are of oak, in weather-stain; the wall coloring in all the corridors is
yellow; in the Assembly Room, red; in Booth Hall, buff; and in the
Library, Hurd Hall, Hoyne Hall, and the remaining rooms, green.
33

�34

NORTHWESTERN UNIVERSITY.

Opposite the entrance comes first the General Office. Portraits
of the Presidents of the Board of Trustees of th e old Union College
of Law,,and of the members of the Law Committee of the present
Trustees of Northwestern University, are on th e wall, and suggest the
continuity of the School's existence under forty-four years of successive administrations. So, a lso, in the Dean 's Office, on the left,
portraits of the former Deans of the School, beginning with Hon.
Henry Booth, bring down the traditi on from 1859. Similarly, in the
Faculty Room (to the right of the General Office, beyond the Secretary 's Office), a collection of the portraits of all th e past and present
members of the Faculty preserves the memory of those who have
taken part in the work of the School, and includes many who have
been distinguished in the local and national life of the profession.
This collection is still incomplete, in regard to many of the older
generation; but it is hoped that the missing likenesses may before
long be secured. Over the fireplac e is appropriately affixed the
handsome seal of the University, m colored plastic relief, done by
Mr. F. Parsons, of Boston, for the ·school. The heavy settles,
council-table, and bookcases are designed to give an effect of
scholarly dignity; and the room serves as an appropriate one for the
city meetings of other University governing bodi es besid,es the
Faculty of Law. Entering the north corrid or, a bronze bust of Lincoln appears, placed against the west wall. It is cast after the model
by Bissell, owner of the death mask, and was presented to the School
by the Booth Chapter of the legal frat ern ity o[ Phi Delta Phi. Beneath it, on a bronze plate, is the inscription: "In the old Tremont
House That formerly stood on this spot Abraham Lincoln During his
practice at the bar Often sojourned And from its balcony In 1858 He
engaged in one of his memorable debates With Stephen A. Douglas.
Presented to the Law School of the Northwestern University by
Booth Chapter of Phi Delta Phi."
Facing east from the Lincoln bust, one sees, in two lines on either
side of the corridor, a series of plaster busts, represen tin g the lawye rorators of various ages and countries- Demosthenes, Cicero, Burke,
Choate, Clay, and Douglas. Others should, of course, be added to
these, to make the representation more complete-for instance, those
of Erskine, Gratton, V.Tirt, Prentiss; hut no likeness of them in plaster
seems to be in existence. This series, fittingly culminating with the
author of the speech at Gettysburg, is intended to typify for the aspiring student the function of the lawyer as a persuader of men. It
complements the series in the Library typifying th e lawyer as a
scholar and jurist.
On the right of the north corridor is the Court Room, fitted in the
usual manner with judge's desk, clerk 's desk, witness box, jury box,

�THE LAW SCHOOL.

35

attorneys' table, and bar. This room is known as Hoyne Hall, after
Hon. Thomas Hoyne, who founded the school in 1859. Over the desk
is a crayon portrait of the founder, presented by his son, Thomas M.
Hoyne, Esq., an alumnus of the School. In this room the Practice Court
holds its sessions; and accordingly the walls have been hung with a
collection of portraits representing the personages of particular interest to the future practitioners at the local bar. These include the
judges of trial courts in Illinois, past and present, the judges of
Federal courts in Illinois, and distinguished members of the Illinois
bar in former generations. This collection is a unique possession,
and would have been impossible to create, but for the generous
courtesy of Hon. James B. Bradwell, formerly judge of the Cook
County Court and now editor of the Chicago Legal ews. The owner
of an unrivaled collection of photographs of lawyers and judges,
accumulated ·during forty years at the Illinois bar, he has had these
reproductions especially made from his plates for presentation to the
School. The collection of portraits of the judges of the Supreme
Court of Illinois, in the Library, is also a part of the same gift.
On the north side of the north corridor are three rooms destined
for the use of the Legal Aid Bureau (a charitable work soon to be
undertaken by the School) ; at present they are used for the storage
and sale of books. Beyond them is the Alumni Room, an apartment
intended to serve the convenience and attract the interest of visiting
alumni. It is exclusively at their disposal, and is fitted with lockers,
lavatory, bookcases, and tables, so as to afford them all the facilities
of an office, while in Chicago, for the transaction of business. The
walls are to be hung with portraits of the past and present officers of
the Alumni Association, of alumni holding public office, and of class
groups; but this collection is as yet incipient only, and much remains
to be done by the alumni to make it fairly complete. Beyond this
room is the Law Club Room, for meetings of the fraternities, sessions
of the club, moot-courts, and the like.
Last on the east is the Assembly Room, a long and spacious
apartment, comfortably fitted for rest, reading, and conversation.
This a))artment is intended as the social headquarters of the School,
a common meeting-ground for professors and students. For a city
School, remote from the surroundings of a college campus, such a
center of social life is indispensable. Dedicated to the spirit of
scholarly fellowship, it conduces to that friendly converse and intimate understanding which cultivate college loyalty and form some
of the most pleasurable memories and useful associations of after
professional life. The furnishings have all been adopted to emphasize
the fraternal and professional tradition and spirit. Over the fireplace
is another copy of the University seal, in colored plastic relief. High-

�NORTHWESTERN UNIVERSITY.

backed settles, at the east end of the room, framing the fireplace,
form an inglenook. A small library of legal biographies and annals,
celebrated trials, and works of general reference, is placed here; and
a list of magazines and newspapers is maintained by students' subscription. On the north wall is a bronze relief of Lincoln, the gift of
Mr. Michael Merwin Hart, of the class of 1904, and on the west wall
is a colored plastic relief of Washington (done by Mr. Parsons).
Affixed to the south wall, in the inglenook, is an oak shield, bearing
in bronze letters the traditional motto of the students' cheer: "Ex
delicto Ex contractu This is Law." The walls bear, also, a varied
collection of pictures, including a number of interesting cartoon-caricatures, in color, of celebrated English judges, views of the English
Inns of Court and of the courts of justice in England and various
foreign countries, views of the homes of Marshall and of Webster,
and pictures of other places and persons having an interest to the
profession. The Assembly Room is known as Lowden Hall, after
Frank Orren Lowden, Esq., the present president of the Alumni
Association.
The east corridor, leading south from the Assembly Room, is
fitted with over two hundred full-length lockers. On the right is a
lecture-room, known as Hurd Hall, after Harvey B. Hurd, LL.D.,
who, after forty-three years of service retired from active work, and
became Professor Emeritus at the close of the year 1901-02. His
portrait hangs on the west wall; and around the room are hung the
group-portraits of the judges of the various State Supreme Courts.
At the end of the east corridor is the main lecture-room, known as
Booth Hall, after Hon. Henry Booth, first Dean of the School, who
served from 1859 till 1892. Over the entrance is his portrait in
crayon, presented to the School several years ago by the Booth
Chapter of the fraternity of Phi Delta Phi. Behind the lecture
rostrum is a series of wall panels, concealing a long blackboard, the
central ones sliding to uncover the board for use. In front of the
end panels, on brackets, are busts of Socrates on the left and of
Blackstone _on the right-the former, as the great master of dialectics
and argument, typifying one chief method of class instruction, and
the latter, as the classical model of dogmatic exposition, typifying
the other chief method of instruction by lectures. Considerable
search had failed to discover a bust of Blackstone in this country,
and the present one was accordingly made for the School by Miss
Alice Cooper, of Chicago; a photogravure of the Blackstone statue at
Oxford and two engravings by different hands, served for the likeness.
Around the walls of Booth Hall are disposed a series of portraits
(chiefly engravings and etchings) of the most eminent judges in English and American legal history-Mansfield, Eldon, Marshall, Story,

�THE LAW SCHOOL.

37

Kent, and others. The English portraits, with others in the Library
(including the work of such hands as Bartolozzi's), were selected for
the School in 1902, on a visit to London, by Mr. Charles C. Soule, of
Boston, aided by Mr. William V. Kellen, of Boston, a connoisseur
who possesses the finest collection of legal engravings in the United
States. The etching of Henry Wheaton, LL.D., America's most
distinguished international jurist, was presented to the school by Mr.
Kellen; it is of particular interest, being an imprint from the only
plate in existence, made by the donor in connection with the recent
celebration at Brown University of the centenary of Wheaton's birth.
Leaving Booth Hall by the west door, a short corridor, opening on
each side into study rooms for students' clubs, leads into the Library,
which extends around the south and west sides of the building. The
bookcases here are arranged to form alcoves; in each alcove is
a reading table fitted with a double set of electric-light standards.
At one end of the west aisle, opposite the marble clock (the gift of
Hon. William A. Dyche) is another copy of the University seal, affixed
to the wall and dominating the room. On brackets at abutments of
the alcoves, facing into the aisle, are placed busts of Bacon, Marshall,
Jefferson, Hamilton, Webster, and Shaw, typifying the legal scholars
and jurists of our history. Thus far no other likenesses to complete
this series have been obtainable; but those of Hale, Bentham, Kent,
and a few others, ought certainly to be added, and it is hoped that in
time they will be. This series forms a fitting complement to that
of the lawyer-orators in the north corridor. On the walls of each
alcove above the bookcases, is continued the collection of portraits
of eminent lawyers and judges. To study the Constitution under the
gaze of Marshall himself, or peruse the doctrines of equity in sight of
the compelling countenance of their creator Eldon, cannot but give
one a more realizing acquaintance with those great judges who have
left the impress of their personality upon the law.
The attention of the alumni is again called to the various parts of
these collections that remain to be completed. Only through the
active and generous help of the alumni can this be done. Of all who
may read this account the special request is now made to cooperate
with the School, in any manner that may happen to be within their
power, to perfect the equipment briefly described herein.

�REVISED LIST OF OFFICERS OF THE BRANCHES OF
THE ALUMNI ASSOCIATION.
The Alumni Association has been engaged in forming local
Branches of the Association in every State and Territory in which
there are Alumni of the School, as well as in each judicial district of
Illinois outside of Cook County. A Secretary has been appointed in
nearly every one of these jurisdictions-some fifty-four in all__:and
with the further perfection of organization a Vice-President will also
be selected for each Branch. The object of the formation of these
Branches is to promote mutual acquaintance and helpfulness among
those alumni who are locally associated in practice. The list of officers selected up to the present date, as furnished by Charles H.
Blatchford, Esq., General Secretary of the Association (Ashland
Block, Chicago), is as follows:
Alabama

. Vice-President
William H. H. Judson, '65,

Arizona

Frederick S. Nave, '97,

Bessemer.

Tucson.

Secretary
Henry B. Wilkinson, '97,
Phrenix.

California ( orthern)

Theodore W. Hubbard '96,

California (Southern)

George P . Adams, 'E7,

Colorado

A. Lee Doud, '76,

Georgia

Ebenezer Wakely, '71,

Idaho

Albert J. Green, '87,

Indiana

Valdosta.
Moscow.

Parrott Bldg.,
San Francisco.

Bullard Block,
Los Angeles.

715 Ernest &amp; Cramner Bldg.,
Denver.

James E . Babb, '84,
Lewiston.

Thaddeus M. Talcott, Jr.,'96,
South Bend.

Indian Ter.

Harry Campbell,

Iowa

Barry Gilbert, 'oo,

Kansas

Theodore H. Morrison, '95,

Kentucky

J. Clyde Nelson, '88,

Michigan

Henry F. Metzger, '97,

Minnesota

Sapulpa.

Cedar Rapids.

16o4 Fairmont Ave.,

Wichita.

Sharpsburg.

Sault Ste. Marie.

Hon. Homer B. Dibell,'90, A. B. Choate, '83,
Duluth.

410 Temple Court,

Minneapolis.

�THE LAW SCHOOL.
Missouri

Vice-President

39

Secretary
Jacob A. Harzfeld, '97,

525 New York Life Bldg.,
Kansas City.

Montana

Richard A. Harlow, '85,
Helena, Mont.

Nebraska

Hon. William J. Bryan,'84,

New Eng.

Hon. Sewell W. Abbott,'83, William F. Poole, Jr., '93,

New Jersey

Lincoln.

Wolfborough, N. H.

Alonzo P. Tarbox, '91,
Bennett.

185 Franklin St. , Boston, Mass.

Oliver L. Brown, '94,

26 Telephone Bldg., Newark.

New Mexico John H. Stingle,

Andrew M. Adams, '97,

New York

William F. Myers, '93,

N. Carolina

Albuquerque.

Hon. E. H. Gary, '67,
New York City.

Albuquerque.

Amsterdam.

James L. Curtis, '93,
Raleigh.

N. Dakota

Edward R. Sinkler, '96,

Ohio

Josmh D. Kerr, '84,

Oklahoma

Claud J. Bryant, '01,

Oregon

Charles H. Glos, '94,

Pennsylvania

Forest G. Moorhead,

S. Dakota

John F. Whitlock, '82,

Texas

Edward W. Hander, '94,

Utah

Robert N. Freeman, '79,

Virginia

Clare E. Crawford, '97,

Washington

Howard W. Waterman, 1'00,

Wisconsin

John K. Fish, 'i4,

Wyoming

Charles F. Mallin, '94,

Dist. of Col.

Phillip E. Winter, '83,

Hawaii

Carl S. Smith, '96,

Mexico
Switzerland
Japan

Grafton.

icksville.

Lawton .

218 Chamber of Commerce,
Portland.
Beaver.

'01,

Forest City.
Waco.

Salt Lake City.
Elmont.

Boston Block, Seattle, Wash.

Old Insurance Jdg.,
Milwaukee.
Cheyenne.

814 "A," South East,
Washington.

Hon. Wm. A. McLaren,
1 A Jndependencia 36
Mexico City.

Hilo.

Joseph S. Kennard,
Lausanne.

Abo Shiosuke, '93,
Tokyo.

�+o

NORTHWESTERN U IVERSITY.
BRANCHES I

JUDICIAL
DISTRICT
NO,

2.

3.
4.
5.
6.
7.

JUDICIAL DISTRICTS IN ILLlNOIS

Secretaries.

Aaron J. Gould, 'or,
Hon. Wilbur M. Warnock, '82,
Charles H. Holt, '92,
Frank C. Van Sellar, '97,
Thomas N. Cofer, '96,
John A. Barber, '97,

8. John D. Gray, '94,
9. Conrad G. Gumbart, '95 ,
10. Frank S. Fulton, '97,
r r.
12.

13.
14.
15.
16.
17.

William L. Mc Mahan, '92,
Charles B. Campbell, '97,
Wellington H. Shay, '94,
William J. Sweeney, '95,
Solon W. Crowell, '96,
William M. Mercer, '01 ,
John E. Goembel, '91,

Address.

Bone Gap.
Edwardsville.
Salem.
Paris.
Charleston.
Farmers' at'I Bank Bldg.,
Springfield.
Havana.
Macomb.
419 Observatory Bldg.,
Peoria.
Lincoln.
27 Arcade Bldg., Kankakee.
Streator.
Rock Island.
Oregon.
337 Coulter Blk., Aurora.
502 E. State St., Rockford.

�ADMISSION TO THE BAR OF WISCONSIN.
Graduates of this Law School are admitt ed to the Bar in W isconsin w ithout examination.

RULES FOR ADMISSION TO THE BAR OF
ILLINOIS.
Inquiries in regard to Adm ission to the Bar in Illinois should be
addressed to N . W . Branson, Secretary of the S tate Board of Law
Examiners, P etersburg, Ill.

The rules governing admission to the bar in Illinois provide that all applications for admission shall be made to the
Supreme Court of the State, and shall be based upon a report
of the State Board of Law Examiners; that examinations shall
be held "at Ottawa on the first Tuesday of March, at Chicago
the first Tuesday of May, at Springfield the first Tuesday of
September, and at Mt. Vernon the first Tuesday of December,
in each year"; that all applicants for admission must pass satisfactory examinations "upon the law of real and personal
property, personal rights, contracts, evidence, common law and
equity p leading, partnership, bailments, negotiable instruments, principal and agent, domestic relations, wills, corporations, equity jurisprudence, criminal law, aud upon the principles of the constitutions of the State and of the United
States, ahd legal ethics"; that an applicant who fails to pass
such examination shall not be admitted to a subsequent examination within six months of such failure; that each applicant
shall pay in advance a fee of ten dollars to said Board of Law
Examiners, and shall file affidavits as to age and citizenship,
and a transcript from a court of record of Illinois showing
good moral character; that the applicant shall have a general
preliminary education equivalent to that of a graduate of a
high school in this state, and that he shall have pursued the
study of law for the period of three consecutive years of at
least thirty-six weeks in each year; and that such study shall
41

�42

NORTHWESTERN UNIVERSITY.

have been pursued in an established law school considered by
the Board to be in good standing, or under the tuition of one
or more licensed lawyers, and that the applicant, if studying
under such tuition, has submitted to regular and satisfactory
examinations by such lawyer or lawyers during said period,
upon each subject.
All of above proof must be submitted on prescribed forms.
Rule 2 of the Board of Law Examiners, which sets forth
the required proof of academic education, and governs the
admission of regular students to this Law School, is as follows:
"Each applicant for admission, upon examination, shall
present with his application satisfactory proof in writing that
he has had a preliminary general education equivalent to that
of a graduate of a high school in this State. A three years'
English course, consisting of Algebra, Geometry, Ancient
History, Physiology, Rhetoric, Physics, and Physical Geography, each one year; Botany and Bookkeeping, one year;
Medi:eval and Modern History, with special reference to
English and American History, one year; English and American Literature, one year; and English Composition, one year,
will be accepted as such equivalent.
"In case of the omission by the applicant of any one or
more of such studies, except English and American History
and Literature, the equivalent of such omitted study or studies,
in any science, or in any classical or modern language (Latin
being especially recomnended), will be accepted in lieu of
such omitted study or studies.
"The proof required by this rule that the applicant has satisfactorily pursued the said studies or their equivalents, for
the requisite periods, may be by either one or more of the
following instruments:
"r. The diploma of any University or College in good
standing; or
"2. The diploma of a high school in this State, where such
diploma designates the several studies pursued and the length
of time devoted to each; or
"3. The diploma of a high school in this State, accom-

�THE LAW SCHOOL.

43

panied with the certificate of the principal of such school,
designating the several studies pursued, and the length of time
devoted to each; or
"4. The affidavit of a principal of a high school in this
State, or other high school teacher or teachers under whom
the applicant has studied ( or, in case of the death or absence
of such principal or teacher, then the affidavit of any credible
witness or witnesses having knowledge of the facts), designating the several studies pursued, the length of time devoted to
each, and as nearly as possible the applicant's degree of proficiency in each study; or
"5. The affidavit of the principal of a high school of this
State, or of a superintendent of schools having a high school
under his supervision, showing his special examination of the
applicant for the purpose of an application for admission to
the bar, stating the date and place of examination and the
time consumed therein, and giving the true and just grade or
proficiency shown by such applicant in each study, on a scale
of 100 ; or
"6. The diploma of any -accredited school, not in Illinois,
whose graduates are admitted on a diploma to the freshman
class of any University or College, in good standing, in the
State or country in which such school is located; such fact to
be evidenced by the certificate of the President or Secretary of
such University or College, under the corporate seal of the
institution; or
"7. The certificate of the President or Secretary of any
University or College in good standing, under the seal of the
institution, that the applicant has been admitted to the freshman or any higher class of such institution, without conditions, or upon conditions which had since been complied with."
Rule 5, defining a law school in good standing, requires
that:
"An established law school to be considered in good standing
must faithfully teach the several branches of law specified in Rule
39 of the Supreme Court, and must require recitations averaging ten
hours or more each week.'

���LOWDEN HALL (ASSE~ IBLY ROO~ I).

�HOYNE HALL (CO URT-ROOM ).

��V.

DENTAL SCHOOL

CHICAGO
OIiers a four years' course leading to the del1ree of Doctor of Dental Surgery. The
facilities for the practical and theoretical mstruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the
students and instructors. The attendance during the last 1ear was 535. It is the
largest University Dental School in the world.
For further information, address Northwestern University Dental School,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

VI.
SCHOOL OF MUSIC

COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretical study of Music,and!s designed
to prepare students for the profession as composers, theorists, artists, teachers, or
critics. It also makes provision for the study of Music as a part of general culture
or as an accomplishment. It otters three or four year courses leading to an appro•
priate degree.in Music.
1For further information, address School of Music, Evanston, Illinoi•.

VII.
ACADEMY

COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses preparatory to college and practical life. The
proximity of the college department with its many facilities constitutes a great
advantage to the Academy. Young men and women will find here opportunity to
prepare for any college in the country.
For further information, address Northwestern University Academy,
Evanston, Illinoi•.
A second Academy, under the name of Grand Prairie Seminary, is maintained
by the University at Onarga, Illinois. Special facilities are afforded for P!eparing
for college or technical schools, or other higher institutions of learning. The location in a small town makes it possible for the authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinoia.

VIII.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medical
School on substantially the same terms as men.
For further information as to the Residence Halls for Women, address
Dean of Women, Willard Hall, Evanston, Illinois.

IX.
SCHOOLS OF THEOLOGY

EVANSTON
GARRETT BIBLICAL INSTITUTE.
Garrett Biblical Institute, chartered in 1855, 1s a theological seminary c-perating with the University. It is open to all students who are properly recommended as
candidates for the Christian ministry. It offers a three years' course, arranged for
classical graduates, leading to the degree of B.D.; also a four years' course open to
college graduates Jeadinii; to the degree of Ph.D.
The intimate relations of the University and the Institute afford great advan•
tages to all those preparing for the Christian ministry.
NORWEGIAN-DANISH THEOLOGICAL SCHOOL.
The Norwegian-Danish Theological School, affiliated with the Institute, offers to
those preparini for the ministry among the Norwegian and Danish people an oppor·
tunity to do this in the English, Danish, and Norwegian languages.
.
SWEDISH THEOLOGICAL SEMINARY.
The Swedish Theological Seminary, organized to meet the increasing demands
for educated pastors and missionaries among the Swedish population in the United
States, offers a four years' course in Divinity.
For further information, address the respective schools, Evanston, Illinois.

�,

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                <text>SERIES II MAY  1903 NUMBER 1 NORTHWESTERN UNIVERSITY EVANSTON CHICAGO BULLETIN OF THR SCHOOL OF LAW (UNION COLLEGE OF LAW) FOUNDED 1859 OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J  James   A.M.   Ph.D.   President Northwestern University            . Four' (Law  Medicine  Dentistry    Pharmacy)               . Chicago.      LAW SCHOOL CHICAGO Offers      '     Law           Bachelor   Laws Special     provided Law.  Chicago Law Institute Library    . .         alJ  Law                    .&amp;'.   . Northwestern University Law School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago NORTHWESTERN UNIVERSITY BUILDING. LAKE AND DEARBORN STREETS. ENTRANCE NORTHWESTEl{N UN!VERS[TY BUILDING. LI BRARY ( WEST AISLE ).  0 0 QUARTERLY B ULLETIN OF THE SCHOOL O F LAW. CONTENTS OF NO.    MA Y  1903. Views   Northwestern University Building Views   Law School Rooms Calendar   Session   1903   04 Revised List   Faculty   1903 Revised List   Courses   1903 PAGE Frontispiece 2 3 5 Address   Corporation By Laws    Louis Boisot  Jr.     15 List   Students   1903 26 Description     New Quarters     School 33 Revised List   Alumni Secretaries   1903 38 Rules   Admission     Bar   Illinois 41 Entered           Chicago   .          . CALENDAR. 1903 September 21  Monday September 22  Tuesday September 23 September 24 November 26 December 19 1904. January  4 January 28 February February 6 February 8 February 12 May 22 May 27 June 17 Wednesday Thursday Thursday Saturday Monday Thursday Monday Saturday Monday Friday Saturday Thursday Thursday Registration Day   New Students. Registration Day   Applicants Advanced Standing. Registration Day     Students. Lectures Begin. Thanksgiving Recess. Lectures Close   Christmas Recess . Christmas Recess Ends  Lectures Begin. Lectures Close. Examinations Begin. First Semester Ends. Second Semester Begins. Lincoln'  Birthday. Lectures Close. Examinations Begin. Commencement. 2 REVISED LIST OF THE FACULTY FOR 1903.* EDMUND JANES JAMES  Ph.D.  LL. D. President     University. JOHN HENRY WIGMORE (A. M.  LL. B .  Harvard University) Professor   Law   Dean     Faculty. HARVEY BOSTWICK HURD (LL. D.  Northwestern University) Emeritus Professor   Law. NATHANIEL CLINTON SEARS. (A. M .  Amherst College  LL. D.  Northwestern University) Professor     Law   Procedure   Practice. CHARLE'S CHENEY HYDE (A. M .. Yale University  LL. B.  Harvard University) Assistant Professor  .  Law. ALBERT MARTI KALES (A. B.  LL. B .. Harvard University) Assistant Professor   Law. SAMUEL ADAMS (A. B.  Harvard University  LL.B.  Northwestern University) Professor     Law   Procedure   Practz' . JOHN HE 1 RY SHELDON LEE (A. B.  Harvard University  LL. B.  Northwestern University) Assistant Professor     Law   Crimes   Criminal Procedure. CHARLES GEORGE LITTLE (A. B.   Amherst College  LL. B.  Northwestern University) Assistant Professor   Law. HENRY SCHOFIELD (A. M.  LL. B.  Harvard University) Professor   Law. LOUIS MAY GREELEY (A B.  Harvard University) Professor     Law   Conveyancing. WILLIAM MEADE FLETCHER (L L . B.  University   Virginia) Professor     Law   Equity Pleading   Practz' . • Arranged.         President   Dean . 3 4 NORTHWESTERN UNIVERSITY. LEVI HARPER FULLER (B. S.  Upper Iowa University  LL. B.  Iowa State University) Professor     Law   Procedure   Practice. FREDERIC CAMPBELL WOODWARD (A. M.  Dickinson College  LL. M.  Cornell University) Professor   Law. CHARLES CLARENCE LINTHICUM (LL. B.  Northwestern University) Professor     Law   Patents. WILLIAM H. DYRENFORTH (LL. B.  Northwestern University) Professor     Law   Patent Practice. OTTO RAYMOND BARNETT {LL. B.  Northwestern University) Assoc£  Professor     Law   Patents. LESTER LE GRAND BOND Lecturer   Trade Mark   Copyright. HON. PETER STENGER GROSSCUP (A. M.  Wittenberg College  LL. B .. Boston University  LL. D.  Knox Wittenberg Colleges  Judge     United States Circuit Court   Appeals) Lecturer   International Law. LOUIS LEE DENT (A. B.  Harvard University  Missouri University} Lecturer   Mortgages     Genera Practice. CHARLES BYRD ELDER (LL. B.  Northwestern University) Lecturer   Extraordinary Legal Remedies     Judgments. MITCHELL DAVIS FOLLANSBEE (A. B.  Harvard Universi_!   LL. B.  Northwestern University) Lecturer   Legal   !  . HENRY CLAY HALL ( B. S.  Wabash College  LL. B.  Northwestern University) Lecturer   Insurance. FREDERIC BEERS CROSSLEY (LL. B.  Northwestern University) Secretary     Law School       Faculty. REVISED COURSES OF INSTRUCTION FOR 1903. FIRST YEAR. FIRST TERM. Contracts   Three      . Keener'  Cases   Contracts. Professor WOODWARD. Torts   Three      . Ames'   Smith'  Cases   Torts. Professor WrGMORE. Property (J)   Two      . Gray'  Cases   Property Vols.    II. (Personal .) Professor KALES. Common Law Pleading   Procedure   Two      . Ames' Cases   Pleading  Andrews' Stephen   Pleading. Professor ADAMS. Crimes   Criminal Procedure   Two      . Beale' Cases   Criminal Law. Professor LEE. SECOND TERM. Contracts ( ) Th        . Professor WOODWARD. Toi   ( ) Two      . Professor WIGMORE. Property ( ) ( )  Two      . Professor KALES. Common Law Pleading   Procedure ( )   One . Lectures      . Professor ADAMS. Master   Servant   Tort One      . Wambaugh' Cases   Agency. Professor W1GMORE. Damages   One      . Beale'  Cases   Damages. Professor SCHOFIELD. SECOND YEAR. FIRST TERM. Evidence Two      . Thayer'  Cases   Evidence 2d  . Professor WIGMORE. Trusts   Two      . Ames' Cases   Trusts. Professor WOODWARD. Af[    Two      . Wambaugh'  Cases   Agency. Professor LITTLE. 5 6 NORTHWESTERN UNIVERSITY. Commercial Paper Three      . Ames' Cases   Bills Notes. Professor HYDE. Equity (  )   Torts. Three      . Keener'  Cases Equity  Vol.  . Professor SCHOFIELD. Property ( II) Two      . Gray'  Cases   Property Vols. III  IV. (Acquisition . .) Professor KALES. Equity Pleading   Procedure  Two      . Fletcher Equity Pleading       . Professor FLETCHER. Persons (Domestic Relat£ ) Two      . Smith'  Cases Persons. Professor KALES. Extraordinary Legal Remedies (Mandamus  Quo Warranto Habeas Corpus   .)  One      . Mr. ELDER. SECOND TERM. Evidence (  )   Two      . Professor WIG MORE. Property (Ii) ( )   Two      . Professor KALES. Equity (II)  Specific Performance   . Three      . Keener'  Cases   Equity  Vol. II. Professor SCHOFIELD. [ Given   1()03 1()04      .] Equity (II  )   Sundry Topics. Three      . Keener' Cases   Equity  Vol. III. Professor SCHOFIELD. [ Omitted   1903 1()04      .] Bankruptcy   Two      . Williston'  Cases   Bankruptcy. Professor WOODWARD. Quasi Contracts Two      . Keener'  Cases   Quasi Contracts. Professor WOODWARD. Sales   Personalty   Two      . Williston'  Cases Sales. Professor WOODWARD. Carriers   Three       . McClain'  Cases   Carriers Beale'  Cases   Carriers. Professor HYDE. [Omitted   1()03 1904      .] Admiralty   Marine Insitrance   Three      . Professor HYDE. [ Given   1903  1904      .] Judgments   Auxiliary Legal Remedies (Attachment  Garnishment Execution   .)   One      . Rood'  Cases   Attachments Judgments. Mr. ELDER. Insurance (Fire   Life)  Two      . Wambaugh' Cases   Insurance. Mr. HALL. THE LAW SCHOOL. 7 THIRD YEAR. FIRST TERM. Corporations Two      . Smith'  Cases   Corporations. Professor LITTLE. Procedure   Practice   Illinois   Two      . Professor SEARS. International Law (/) Two      . Scott'  Cases International Law. Professor HYDE. Suretyshij)   Two      . Ames' Cases   Suretyship. Professor LITTLE. Constitutional Law Two      . Thayer'  Cases Constitutional Law. Professor SCHOFIELD. Jurisdictz"    Federal Courts One      . Professor SCHOFIELD. Property (III) Tw        . Gray '  Cases   Property Vols. V  VI. (Conditional  .) Professor KALES. Conveyancing One      . Drafting . Professor GREELEY. Conflict   Laws   Two      . Beale'  Cases   Conflict Laws. Professor HYDE. JJ1'    Two      . Kirchwey'  Cases   Mortgages. Mr. DENT. Code Pleading   Procedure   One      . Cases Code Pleading. Professor WOODWARD. Practice Court   Two               . Causes   . Professor FULLER. * Patents   Invention ( )  General  . Five  . Professor LINTHICUM. Parts II   Ill October 15. (//)   Patent Soliciting. Twenty . Professor DYRENFORTH. (Ill )  Patent Law   Practice. Forty  . Professor BARNETT. *These  .  . 8 NORTHWESTERN UNIVERSITY. SECOND TERM. Corporations ( )  Two      . Professor LITTLE. Procedure   Practice   Illinois ( )  Two      . Professor SEARS. Constt'  Law ( ) Two      . Professor SCHOFIELD. Conveyancing ( ) One      . Professor GREELEY. Conflict   Laws ( )   Two      . Professor HYDE. Practt'  Court ( ) Two . Professor FULLER. Patents   Invention ( ). Professor BARNETT. Property (III) ( )  Two      . · Professor KALES. International Law (II) American Treaties   Diplomacy . Two      . Professor HYDE. Municipal Corporations Two      . Smith'  Cases Municipal Corporations. Professor SCHOFIELD. PartnersldjJ Two      . Ames' Cases   Partnership. Professor LITTLE.   .    (  Constitutional Law   Patents   Invention)  Conveyancing   Property Ill Property     II.  . COURSES OF LECTURES NOT COUNTING FOR A DEGREE. Trade Marks   Copyrights   Six  . Mr. BOND. General Review   Five September   April        State . Mr. DENT . .International Law   Policy   One      . Judge GROSSCUP. Legal Ethics Five  . Mr. FOLLANSBEE. THE LAW SCHOOL. 9 SPECIAL TRAINING IN LEGAL WRITING AND SPEAKING AND IN THE PRACTICE OF THE LAW.  .   .  . Pleadings           Common Law Pleading  Code Pleading    Equity Pleading  . 2. Conveyancing   . A   ~       '       . Thorough  . No Property II. 3. Practice Court                Procedure Practice .     Practice Court   .   Court'             Thursday . During  .  . While    . A   .              .  IO NORTHWESTERN UNIVERSITY.  . A Rules     Practice Court . 4. Legal Tactics     1902 1903      Monday April Bar  . Bar 1903  1904       .   BULLETIN   February  1903  . 5. Public Speaking   . Such               1902  1903  ( ) Argument   Debate. An Professor J. Scott Clark      College   Liberal Arts. ( ) Voice Training. An  Mr. Dennis      Cumnock School   Oratory. ( ) Parliamentary Practice. An Professor Joseph W. Robert Robert School   Parliamentary Law. Public Speaking            . Towle Prizes Public Speaking. 6. Thesis               Faculty Any   Faculty   December 1st. May 15th  . December.   Lee . 7. Moot Courts   Briefs . Moot Courts         October   April. Each                         counTHE LAW SCHOOL. .   Courts .                    . A          . Credit . TUITION FEES.  October 1st  January      April 1st. A October 1st. Special . Patent Law        . PRIZES. .   Towle Prizes. A       Sroo $50        Henry Sargent Towle  Esq.  Chairman     Law School Committee     Board   Trustees Professors Robert   Dennis  .  . These Professors Robert   Dennis. 1902 1903   Towle Prize     t0 Amos Strickland . 2.   Lee Prize. A                Blewett Lee  Esq.          School 1902 1903 Faculty  . 3.   Callaghan Prize. A Messrs. Callaghan Company    Chicago  . 1902   Callaghan Prize       Charles Yoe Freeman A.B.    Chicago. REQUIREMENTS FOR ADMISSION. Persons  12 NORTHWESTERN UNIVERSITY. 1. Age They                 ~ . 2. Preliminary Education A  .                    42. 3. Time   Entrance  No  January  . Those January . All .  Illinois. ADVANCED STANDING.  "Degrees." • SPECIAL STUDENTS. Persons  . They   . No  Dean. DEGREES. All             University Commencement. On Oxford . . BACHELOR OF LAWS. Bachelor   Laws Trustees     University       ' Faculty     School. Such Faculty THE LAW SCHOOL. !'!  . Attendance   Regular  . Students '    *  '  . 2. Students            ' . 3. Students            '  '    *  Dean. II. Registration Candidates . III. Course   Study   All ( )   . ' . Persons                '   Dean.  Secretary          . Four            . A     B     C     D    . A C A C  School    . * Beginning     1904 ' NORTHWESTERN UNIVERSITY . II. MASTER'S DEGREE. Master'      Arts  Philosophy  Science    Letters  A       College   Liberal Arts     University  Bachelor'      Arts  Philosophy  Science    Letters  University        Master' Bachelor   Laws Faculty   Liberal Arts Faculty  .   ( )          ( ) Bachelor   Laws  ( ) Faculty     Law School. Students Master' College   Liberal Arts       Law School           Monday October .   Master' Law School         October . Faculty Liberal Arts                  Master' Constitutional Law  International Law  Administrative Law  Roman Law  Jurisprudence  Legal History. SCHOLARSHIPS FOR STUDENTS. Six              . These            ~    . Applications               Secretary Law School. CORPORATION BY LAWS.* Corporation . American        . Ih   English .  English  . To             American      . Jt                      . Blackstone                 Roman Twelve Tables. Usually .  . State State                     . . Some              . ~ . Really . . Anything . Therefore Royal Arcanum . By    . They .  . These . . At . Many  . An • An             Legal Tactics  Monday October 13  1902. 15 16 NORTHWESTERN UNIVERSITY. .   . Things  . He                . He   . Had . H  . .                  . There                 Illinois . Directors  . . . They        . Some   English .  . Certainly            . Some                . Illinois.                  . Ordinarily . . .  .       States Illinois                       . Colorado . So . . However  Jaws . . '  . There State                    . THE LAW SCHOOL. These . These . . A    . .  . . State . Adoption State.  States New Jersey.               Illinois York                 . . There . First             . Second . Third         . Fourth . Taking State United States Constitution     United States     Constitution . A . Second       •      . Constitution       State . So . There  . State. Third         . . They bindi11g .  . r8 NORTHWESTERN UNIVERSITY.  . One  . Special          . Of   .           Illinois . They . . One '  . These   .   . Provisions .                 State.  . '         .   Sunday .  ' . . '  . At              .   .       _it  . .  . Ordinarily        . . . Originally THE LAW SCHOOL. Illinois . To .  . Very                        '  . . . · . Illinois                State .           States. Where  . . Our .  . . General      .     State  . State                  . Certainly  . .   . . Provision .  .          . There   ' . . Of   . Provision . 20 NORTHWESTERN UNIVERSITY.  . . New York . . There ' . Officers   . . . . .  .                .  . .   .  . Where  .   .    .   . Take          .  .   .  . THE LAW SCHOOL. 21 . . . State. .   .         State .  . . "  ." Where  . Where . Where . .  . Transfers                  . . Suppose .   . &gt;  . .        .    . . . . . . .  .                   . 22 NORTHWESTERN UNIVERSITY. . . There   . .                    . .  . There . There Suppose              . There . .  . .  . . 1723    Lord Macclesfield .  . .  .  . . Be . There Illinois      .   Wisconsin . These . A                     ' . There . Suppose  .                      .  . There . Officers  . ' '  THE LAW SCHOOL.  . By .  . . .  . Board   Trade . They . . Amendment            . . There Illinois. One . There    .   .             Supreme Court  . .       1893 . Usually . . Take  Supreme Court  . Where  .    . They . Even  NORTHWESTERN UNIVERSITY.  . Royal Arcanum. Suppose . They  . They          . They . Penal .  States  . There           Pennsylvania .  . A                "No ." . . . They  . They . They . They . They  . Suppose . An   .   . He  .  . . They . There . . THE LAW SCHOOL. 25 . . . ·                    . Proof                  . Where  . LIST OF STUDENTS ENROLLED DURING THE YEAR u102 1903. THIRD YEAR. Baird  Tasper Arthur A. .  Carthage College. • Block  Manfred Sickle B.L.  University   Wisconsin. Case  Charles Center Clark  John W Crafts  Harry Kent A.B.   University   Michigan. Crilly  Oliver Dani A.B.  Harvard University. Daly  Charles Lawrence Deering  Thomas Gardner Devine  John J. Dunbar  David Oweu B. S.  Cornell College  A.B.  Columbia University. Eberhardt  Alfar Maximilian Eschbach Jesse Ernest Ph. B..   College. Ferrell  Hosea V.  Jr. Frank  Lee Julius A.B.  University   Chicago. Guthman  Roy Headen  Thomas Moulton A.B. Unive      . Kahn  Tulius Maurice A. .  Northwestern University. Kay  Fred Hans Keating  James Williams Keep  Albert  2d Kidder  Royce Annan Knapp  William Proctor Ph.B.  Iowa College. Kompel  Morris B.L.  Northwestern University. Kropf  Victor Gustav A.B.  Washburn College. Lamar  Clyde Park Lee  Curtis Gillmore 26 Carthage. Platteville  Wis. Cherry Valley. Paw Paw. Chicago. Clzicago. Chicago. Clzicago. Chicago. Center Point  Ia. Chicago. Warsaw  Ind. Carterville  Ill. Cltz' . Youngstown  O/ . Shelbyville. Petersburg. Chica!(O. Chz' . Chicago. Sterling. Clzicago. Chicago. Richland  Kas. Chicago. Chicago. THE LAW SCHOOL. Matthews Jacob Scott A.B.  University   Michigan. Mayer Elias A.B .  Harvard Uni  . McKinney  Marion Hayes Mergentheim  Morton Adolph A.B.  A.M.  University   Chicago. Mills  Matthew A.B.  Yale University. Murphy  Edward James McNulta  Donald Niles  John Addison Odell  Benjamin Franklin Jefferson O'Donnell  Thomas Vincent LL.B.  Indiana University. Peckham  Tohn Judah A.B.  Harvard University. Peterson  Earle Lloyd Phillips  Paul B. A.B.  Wheaton College. Quinn  Leonard Daniel Quinlan  Thomas Ambrose A.B.  A.M.  St. Mary'  University. Rose  Charles George Rosenberg  Hyman Rosenstone  Bertram W. Schafer  Frank Boeshair Shaw  Toseph Laurence A.M. 1 University   Wisconsin. Swigert  Harry Amos Thomasson  Nelson  Jr. A.B.  Princeton University. Thomsen   Colditz  Sandor Todd  Leroy Levi Van Voorst  Fred Welch  Robert Leslie A.B. University   Chicago. Whitely  Arthur Laurence B.A.  Williams College. Adelman  Abram Banning  Walker Barber  Clayton Jackson Ph.B.  Illinois College. Bates  Alfred Ricker Bays  Alfred William B.S.  Knox College. SECOr D YEAR. Brown  Thomas Baldwin Butler  Herbert Benjamin Chi" . Cldcago. Cllicago. Fort Wayne  Ind. Chicago. Evanston. Chicago. Chicago. Chica.(  . B  . Geneva. Rockford. Wl1eaton. Kewanee. Chicago. Clzi" . Clzicago. Clticago. El Paso. Geneseo. Council Bluffs  Ia. Chicago. Chicago. Milledgeville. Monticello  Ind. Des Moines   . Evanston. Clticago. Chicago. Springfield. Evanston. Enfield. Chicago. Springfield. 28 NORTHWESTERN UNIVERSITY. Campbell Herbert John A.B.   University   Michigan. Clark  Edwin Oliver A.B.  Central University. Fairchild  Sherman DeWitt Fischer  Henry Fred Follett  Otis William Grover  George Oliver Hagens  Graddus Remley A.B.   Central College. Hart  Merwin Michael Johnson  Alton Francis Kepler  Louis Howard Ph.B.  Cornell College. Krueger Nathan L. Lang  Joseph Ignatius Lindhout  Dingnus Kloppenburg Louis  George L. Manierre  Louis A.B.  Yale University. Meek  Marcellus Woltz Miller  Albert Grant McAuley  Henry Sayes A.B.  Yale University. Rutter  Rhea Barton A.B.  Williams College. Sherlock  Carl Garfield Spencer  Charles Hopkins A.B.   Wesleyan University Trude  Daniel Pearson Wiles  Russell S.B.  University   Chicago. Best  John Henry Boggs  Richard Lee Bohan  Edmund Russel Brink  Hal Carleton  Charles Harvey Cashel  Thomas Daniel Cline  1   Burt Crafts  Maurice Wilbur Ph .B.  Kenyon College. FIRST YEAR. Crumpacker  Shepard B.S.  Northwestern University. Coman  Warren Eugene Davis  Charles Henry Dennis  Roger Lee Riverside. Wltitejield  Ind. Ter. Sullivan. Addison. Libertyville. Leland. Pella   . Chicago. Chicago. Mt. Ver11011  Ia. Clzica[[ . T¥ . Chicago Heiglzts. Chicago. Chicago. Chicago. Chicago. Chicago. Higltland Park. Riverside. Rock Island. Clzicago. Chicago. Qidncy. Fafrjield. Los Angeles  Cal. Red Oak  Ia. Chicago. East St. Louis  Ill. Aj) )!  City  Mo. Chicago. Westville  /11d. Chicago. Greeley  Ia. Traer  Iowa. THE LAW SCHOOL. Dewes  Edwin Pierre A. B.  Harvard University. Dobbin  David Dove  Theodore Clark Downes  Earle Raymond Egge    Alfred R. Ferguson  Charles Fifer  Ernest Reynolds B.S.  Northern Indiana Normal College. Fulton  Louis Reginald A.B.  Knox Co!Tege. Gannon  Edward Geringer  John Charles Gunther  Miss Attilia Hamilton  Elisha Bentley A.B.  Illinois College. Helms  Otto Herbert Herman  Charles Jacob Hinman  Asahel Albert Howser  Roy Hughes  Arthur Freeman Hupp  Frank Leslie Johnson  Edgar A.B.  Princeton University. Kersten  Walter George Kostner  Joseph Otto Lewis  Harry Chester Lynde  Cornelius A.B.  Williams College. Mackenzie  Rex A.B.  Princeton University. Manning  Horace Milton May  William Green Meusel  Oscar Moretz Milne  William Arbrorath Collegiate Institute  Scotland. Murdock  Max McKinney  Fred Landin Osborne  Harold S. A.B.  Williams College. Ott  John Nash B.A.  Amherst College. Pirosh  George Bertram Putnam  Karl Frederick Pierson  Ward Wright B.S.  Northwestern University. Pitte  Hugo Lewis Quitman  Walter Rosenblum  Harry Moses Chicago. Stronghurst. Slielbyville. Harvard. Charles City  Ia. Mendota. Chicago. Gibson City. Chicago. Chicago. Chicago. Quincy. Chicago. Chz' . Perry. Indianola  Ia. Spi  . Long Point. South Bend  Ind. Chicago. Chicago. Mendota. Chicago. Clii' . Clticago. Evanston. Oshkosh  Wis. Arbrorath  Scotland. Streator. Piqua  Ohio. Chica1 0. Cltica1 0. Clticago. Mt. Carmel. Wilmette. Chicago. Clticago. Evanston. NORTHWESTERN UNIVERSITY. Ryden  Otto Gustaf Sadler  Monte Hanauer Sargent  Jean F. Scheiner  Frank Harry Ph.B.  Northwestern University. Schmitt  Felix Harold Seney  Edgar F. Strickland  Amos Aaron Swige    Robert Guy Talcott  Harry Harvey A.B.  University   Michigan. Taylor  David W    Charles Warner  George Wengierski  Julius Francis Wheklinski  John Benjamin Williams  James Edward Wright  Adelbert S.  Jr. Evanston. Cairo. Hurley  S. Dak. Chicago. Clzicago. Clzica({O. Clzicat Chicago. Chicago. Cliicago. St. Joseph  Mich. Somonattk. Clz£ . Clz£ . Emmetsburg  Ia. Woodstock. SPECIAL STUDENTS. Amory  E. P. Barnes  Chester Davis Buntain  Cassius M. Clay A.B.  A.M.  LL.B.   Northwestern University. Childs  Robert LL.B.  Harvard University. Christopher  Henry Raymond Clendenning  Thomas C. Cleveland  Frank Clayton Ph.B.  University   Chicago. Cox  Howard Malcolm Davis  Oliver Colene! Dietz  Cyrus Edgar A.B.  LL.B.   Northwestern University. Dougherty  Ralph 'LL.B.  Harvard University. Drury  F. H. Eckhart  Percy LL.B.  Harvard University. Granger  Joseph  . A.B.  A.M.   St. Viateur'  College. Herbert  Lloyd LL.B.  Chicago Kent College   Law. Hollock  Roland Martin Honneger  Peter LL.B.  Northwestern University. Manzy  Amon LL.B.  Northwestern University. Ch£ . Kenosha  { Vis. Momence. Ch£ . Chicago. Cllica.({ . Ch£ . Chicago. Evanston. Gilman. C/ . Ch£ .({O. Chicago. Bourbonnais. C/ . Chicago. Chicago. Ch£ ({O. THE LAW SCHOOL. MacChesney  Nathan William LL.B.  University   Michigan. Clticago. McClure  Robert Samuel  Chicago. A.B .. University   Chicago  LL.13.  Northwestern University. Ortseifen  George Raltree  William LL.13.  Chicago Kent College   Law. Chicago. Clticago. Rice  Cyrus W.  River Forest. Riley  Henry  Chicago. Shervey  Charles 0.  Chicago. Smith  Claude vV.  Danville. Topliff  Samuel  Evanston. A.B.  Bowdoin College  LL.B.  Northwestern Uni· . Tyrrell  Pierce Crawford LL.B.  Northwestern University. Weeks  Harvey Thomas A.B.   Yale University. Wilson  Edward F. B.   M.E.  University   Michigan. Wise  Alorn Walker Wise  Everett L. A.13.  LL.B.  Harvard University. Yamaguchi  Shun Vlackos  Andrew John LL.B.  University   Greece. Young  Randall Boyer Eight. Cliicago. Chicago. Clticago. Chicago. Yokoliama  Japan. Tripolis  Greece. Red Oak  Ia. 31 HOLDERS OF ACADEMIC DEGREES. Colleges · DESCRIPTION OF THE NEW QUARTERS OF THE SCHOOL. Northwestern University Building School   Law .     TEemont House . Since 1833 Chicago'  Chicago. Here             Lincoln   Douglas 1858            Lincoln' 186o    Douglas ' Grant  Chicago. Many  May 23d            Professor Hurd ( August Bullett"      School). "        " Mr. Elbridge Keith         " Illinois . There .  ." Having Faculty           School'   .  School   . School' . All  Assembly Room       Booth Hall Library  Hurd Hall  Hoyne Hall            . 33 34 NORTHWESTERN UNIVERSITY. Opposite           General Office. Portraits Presidents     Board   Trustees       Union College Law              Law Committee Trustees   Northwestern University School' . So         Dean '  Office Deans     School      Hon. Henry Booth            1859. Similarly Faculty Room (          General Office      Secretary' Office) Faculty School .   . Over University Mr. F. Parsons    Boston      · .   University Faculty   Law. Entering                Lincoln . Bissell                       School Booth Chapter            [ Phi Delta Phi. Beneath "      Tremont House             Abraham Lincoln During Often   And         1858 He With Stephen A. Douglas. Presented     Law School     Northwestern University Booth Chapter   Phi Delta Phi." Facing       Lincoln  Demosthenes  Cicero  Burke Choate  Clay    Douglas. Others  Erskine  Gratton  V.Tirt  Prentiss . Gettysburg . Library . On                 Court Room '       ' THE LAW SCHOOL. 35 '       .           Hoyne Hall Hon. Thomas Hoyne            1859. Over Thomas M. Hoyne  Esq.          School.         Practice Court   . These Illinois Federal     Illinois            Illinois .  Hon. James B. Bradwell          Cook County Court           Chicago Legal  .  ·          Illinois  School.                   Supreme Court   Illinois      Library                 . On Legal Aid Bureau ( School) . Beyond       Alumni Room  .  Chicago           .  Alumni Association  . Beyond Law Club Room . Last           Assembly Room . ))                  School . School . Dedicated    . . Over University           . HighNORTHWESTERN UNIVERSITY.  . A  '  . On                 Lincoln Mr. Michael Merwin Hart          1904 Washington (    Mr. Parsons). Affixed '    "Ex Ex       Law."  English          English Inns   Court               England Marshall     Webster  .   Assembly Room       Lowden Hall Frank Orren Lowden  Esq.            Alumni Association. Assembly Room . On Hurd Hall    Harvey B. Hurd  LL.D.  Professor Emeritus             1901 02. His  State Supreme Courts. At Booth Hall    Hon. Henry Booth    Dean     School 1859   1892. Over School           Booth Chapter         Phi Delta Phi. Behind  . Socrates Blackstone _on   . Considerable Blackstone School   Miss Alice Cooper    Chicago          Blackstone Oxford                     . Around       Booth Hall (       )             English American     Mansfield  Eldon  Marshall  Story THE LAW SCHOOL. 37 Kent     .   English            Library (              Bartolozzi' ) School   1902          London    Mr. Charles C. Soule Boston      Mr. William V. Kellen    Boston United States.       Henry Wheaton  LL.D.  America' Mr. Kellen  Brown University         Wheaton'   . Leaving Booth Hall '          Library .  . At                      ( Hon. William A. Dyche)           University . On Bacon  Marshall Jefferson  Hamilton  Webster    Shaw . Thus Hale  Bentham  Kent  . . On  . To     Constitution Marshall Eldon  .  . Only . Of  School . REVISED LIST OF OFFICERS OF THE BRANCHES OF THE ALUMNI ASSOCIATION. Alumni Association Branches     Association     State   Territory Alumni     School Illinois     Cook County. A Secretary all__ Vice President Branch. Branches . Charles H. Blatchford  Esq.  General Secretary     Association (Ashland Block  Chicago) . Vice President Alabama William H. H. Judson  '65 Bessemer. Arizona Frederick S. Nave  '97 Tucson. California (  ) California (Southern) Colorado Georgia Idaho Indiana Indian Ter. Iowa Kansas Kentucky Michigan Minnesota Ebenezer Wakely  '71 Valdosta. Albert J. Green  '87 Moscow. Hon. Homer B. Dibell '90 Duluth. Secretary Henry B. Wilkinson  '97 Phrenix. Theodore W. Hubbard '96 Parrott Bldg. San Francisco. George P . Adams  'E7 Bullard Block Los Angeles. A. Lee Doud  '76 715 Ernest &amp; Cramner Bldg. Denver. James E . Babb  '84 Lewiston. Thaddeus M. Talcott  Jr. '96 South Bend. Harry Campbell Sapulpa. Barry Gilbert  ' Cedar Rapids. Theodore H. Morrison  '95 16o4 Fairmont Ave. Wichita. J. Clyde Nelson  '88 Sharpsburg. Henry F. Metzger  '97 Sault Ste. Marie. A. B. Choate  '83 410 Temple Court Minneapolis. THE LAW SCHOOL. 39 Vice President Secretary Missouri Jacob A. Harzfeld  '97 525 New York Life Bldg. Kansas City. Montana Richard A. Harlow  '85 Helena  Mont. Nebraska Hon. William J. Bryan '84  Alonzo P. Tarbox  '91 Lincoln. Bennett. New Eng. Hon. Sewell W. Abbott '83 Wolfborough  N. H. William F. Poole  Jr.  '93 185 Franklin St.  Boston  Mass. New Jersey Oliver L. Brown  '94 26 Telephone Bldg.  Newark. New Mexico John H. Stingle  Andrew M. Adams  '97 Albuquerque. Albuquerque. New York Hon. E. H. Gary  '67 New York City. William F. Myers  '93 Amsterdam. N. Carolina James L. Curtis  '93 Raleigh. N. Dakota Edward R. Sinkler  '96 Grafton. Ohio Josmh D. Kerr  '84 . Oklahoma Claud J. Bryant  '01 Lawton . Oregon Charles H. Glos  '94 218 Chamber   Commerce Portland. Pennsylvania Forest G. Moorhead  '01 Beaver. S. Dakota John F. Whitlock  '82 Forest City. Texas Edward W. Hander  '94 Waco. Utah Robert N. Freeman  '79 Salt Lake City. Virginia Clare E. Crawford  '97 Elmont. Washington Howard W. Waterman  1'00 Boston Block  Seattle  Wash. Wisconsin John K. Fish  'i4 Old Insurance Jdg. Milwaukee. Wyoming Charles F. Mallin  '94 Cheyenne. Dist.   Col. Phillip E. Winter  '83 814 "A " South East Washington. Hawaii Carl S. Smith  '96 Hilo. Mexico Hon. Wm. A. McLaren 1 A Jndependencia 36 Mexico City. Switzerland Joseph S. Kennard Lausanne. Japan Abo Shiosuke  '93 Tokyo. +  NORTHWESTERN U IVERSITY. BRANCHES   JUDICIAL DISTRICTS IN ILLlNOIS JUDICIAL DISTRICT NO  Secretaries. 2. Aaron J. Gould  ' 3. Hon. Wilbur M. Warnock  '82 4. Charles H. Holt  '92 5. Frank C. Van Sellar  '97 6. Thomas N. Cofer  '96 7. John A. Barber  '97 8. John D. Gray  '94 9. Conrad G. Gumbart  '95 10. Frank S. Fulton  '97 . William L. Mc Mahan  '92 12. Charles B. Campbell  '97 13. Wellington H. Shay  '94 14. William J. Sweeney  '95 15. Solon W. Crowell  '96 16. William M. Mercer  '01 17. John E. Goembel  '91 Address. Bone Gap. Edwardsville. Salem. Paris. Charleston. Farmers'  '  Bank Bldg. Springfield. Havana. Macomb. 419 Observatory Bldg. Peoria. Lincoln. 27 Arcade Bldg.  Kankakee. Streator. Rock Island. Oregon. 337 Coulter Blk.  Aurora. 502 E. State St.  Rockford. ADMISSION TO THE BAR OF WISCONSIN. Graduates     Law School           Bar   W . RULES FOR ADMISSION TO THE BAR OF ILLINOIS. Inquiries       Admission     Bar   Illinois N . W . Branson  Secretary     S   Board   Law Examiners  P    Ill. Illinois  Supreme Court     State State Board   Law Examiners "  Ottawa       Tuesday   March    Chicago Tuesday   May    Springfield     Tuesday September      Mt. Vernon     Tuesday   December " "     State       United States       "   Board   Law Examiners Illinois      41 42 NORTHWESTERN UNIVERSITY.  Board    . All                  . Rule 2     Board   Law Examiners  Law School "Each   State. A    ' English        Algebra  Geometry  Ancient History  Physiology  Rhetoric  Physics    Physical Geography Botany   Bookkeeping Medi     Modern History English   American History       English   American Literature         English Composition . " English   American History Literature (Latin ) . "    " .         University   College  "2.                 State   "3.                 State  accomTHE LAW SCHOOL. 43    "4. State (  )  '  "5. State      100 "6.                   Illinois  University   College State President   Secretary University   College  "7.         President   Secretary University   College   ." Rule 5  "An Rule 39     Supreme Court .'   LOWDEN HALL (ASSE~ IBLY ROO~  ). HOYNE HALL (CO URT ROOM ).  V. DENT AL SCHOOL CHICAGO OIiers      '         del1ree   Doctor   Dental Surgery.  . .           1ear   535. University Dental School      . Northwestern University Dental School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago. VI. SCHOOL OF MUSIC COLLEGE CAMPUS  EVANSTON Offers                   M    !  .                 Music .                      • .  Music. 1F          School   Music  Evanston  Illinoi•. VII. ACADEMY COLLEGE CAMPUS  EVANSTON Offers                      .  Academy. Young . Northwestern University Academy Evanston  Illinoi•. A   Academy          Grand Prairie Seminary University   Onarga  Illinois. Special         P! .  . An                  . Grand Prairie Seminary  Onarga  Illinoia. VIII. PRIVILEGES ACCORDED TO WOMEN Women           </text>
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                    <text>SERIES I

NUMBER 3

NORTHWESTERN
UNIVERSITY
EVANSTON-CHICAGO

BULLETIN
OF THE

SCHOOL OF LAW
(UNION COLLEGE OFi;:LAW)
FOUNDED 1859

OFFICE OF PUBLICATION
NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS CHICAGO

MEMBER OF THE ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED

QUARTERLY BY

NORTHWESTERN

UNIVERSITY

NOVEMBER, 1902

�NORTHWESTERN UNIVERSITY
EVANSTON-CHICAGO

Edmund J. James, A.M., Ph.D. , President
Northwestern University consists of eight departments or schools. Four of
these (Law, Medicine, Dentistry. and Pharmacy) are located in or near the center
of the city of Chicago. The other four (College of Liberal Arts. Theology. Music,
and the Academy, are situated in Evanston, the most beautiful suburb of Chicago,
immediately adjoining the city on the north.
The College Campus is located directly on the shore of Lake Michigan about
three miles north of the city limits.
For general information relating to the University as a whole, general catalogues, etc . , address University Hall, Northwestern University, Evanston,
Illinois.

I.
THE COLLEGE OF LIBERAL ARTS
COLLEGE CAMPUS, EVANSTON

Offers a four years' course leadi~g to Bachelor's degree in Languages and Litera·
ture (English. French, German. Italian. Spanish, Latin, Greek, Hebrew); Mathematics (college and advanced); Science (Astronomy, Botany, Zoology, Chemistry,
Physics. Mineralogy, Geo logy); History (ancient . media,val, and modern); Philosophy. Psychology, Pedagogy, Economics and Politics, and Sociology, and other
subJects appropriate to a modern colleg:e.
Numerous graduate courses are also offered leading to tbe degree of A.M., and
in a few subjects to that of Ph. D.
Special advantag:es are offered to the graduates of this college in the professional schools of the University.
For further information, addr&lt;;ss College of Liberal Arts, Evanston, Illinois.

II.
MEDICAL SCHOOL
CHICAGO

Offers a four years' course leading to the degree of Doctor of Medicine. Th.e hos·
pita! and climcal facilities are especially good. This school was the first in the
United States to take three important steps in Medical education : the enforcement
of the standard of preliminary education, adoption of longer annual courses, and the
graded curriculum.
lt ranks fourth in attendance among University Medical Schools in the United
States.
For further information, address Northwestern University Medical School,
2421 Dearborn Street, Chicago.

III.
LAW SCHOOL
CHICAGO

Offers a three years' course in Law leading to the deg-re~ of Bachelor of Laws.
Special facilities are provided for a thorough preparation in the practical as well as
theoretical aspects of the Law. The library is adequate to all the ordinary needs of
the student, including over ten thousand volumes, while the proximity of the
Chicago Law Institute Library provides an additional collection of nearly forty
thousand which the students are at liberty to use. The students come from all parts
of the country, and the courses are arranged with a view to giving them that know!·
edge of Law which will be indispensable to them wherever they may practice.
For further information, address Northwestern University Law School ,
Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago.

IV.
SCHOOL OF PHARMACY
CHICAGO

Offers courses leading to the degree of Graduate in Pharmacy and that of Pharmaceutical Chemist. The course mcludes instruction in general Chemistry, Chemical
Analysis, Pharmacy, Botany, Microscopy, Pharmacognosy, Dispensing. and Analytical Pharmaceutical Chemistry, including Drug Assaymg, Bacteriolog{· and
Sanitary Analysis. It ranks first in attendance among Umversity Schools o Pharmacy in this country.
For further infa;rmation, address Northwestern University School of Phar-

macy, Northwestern University Building, Corner of Lake and Dearborn Streets,
Chicago,

�NORTHWESTERN UNI VERSITY BU I LDING
LAKE AND DEARBORN STREETS

��FACULTY ROOM.

�NORTH CORRIDOR .

�QUARTERLY BULLETIN OF THE
SCHOOL OF LAW.
CONTENTS OF No . 3-NOVEMBER, 1902.
I.
II.

VIEWS OF THE NEW QUARTERS
DESCRIPTION OF THE INAUGURAL EXERCISES AT THE OPENING OF THE NEW QUARTERS, OCTOBER 20, 1902, WITH
THE ADDRESS OF HON . OLIVER WENDELL HOLMES .

Application made for entry at the post-office at Chicago, Ill., as second-class matter.

�DESCRIPTION OF THE INAUGURAL EXE~
CISES AT THE OPENING OF THE NEW
QUARTERS, OCTOBER 20, 1902, WITH THE
ADDRESS OF THE HON. OLIVER WENDELL HOLMES.
The new quarters of the School, comprising the third floor of
the Northwestern University Building, on Lake and Dearborn
Streets, were not completed in all parts until Saturday, October
18th, although the offices had been removed on September 15th,
and lectures were begun on the date announced in the calendar,
September 24th. A full description of the apartments, with their
furnishings, pictures, and other equipment, has already been
printed in a separate pamphlet, and was mailed to all alumni on
October roth in connection with the notice of the Inaugural Exercises. All the features of the equipment seem to have met
with the unanimous approval and commendation of Trustees,
Faculty, alumni, and students. With a curriculum not excelled
by any law school in this country, the School now possesses every
material aid and convenience for carrying on its work with the
highest efficacy.
The Inaugural Exercises were originally appointed for Friday,
October 3d, a date fixed upon as coincident with that of President
Roosevelt's visit to Chicago. The President had promised in June
to attend the Exercises as a part of the programme of his Chicago
visit. But in the midst of the preparations for his arrival the official
announcement was made of the abandonment of the Presidential
tour in the west. The exercises were therefore postponed until the
quarters should be in complete readiness, and the date was fixed for
Monday, October 20th. This day, falling on the second of the three
days (October 19-21) already appointed for the Installation Ceremonies of President James, was the more appropriate because of
the opportunity thus afforded for uniting the celebrations and for
exhibiting the quarters to the many alumni and delegates of other
Universities who were to come to Chicago and Evanston to attend
the Installation. The Honorable Oliver Wendell Holmes, Chief J ustice of the Supreme Judicial Court of Massachusetts, and recently
nominated to be Justice of the Supreme Court of the United States,

�THE LAW SCHOOL.

3

had in June accepted an invitation to attend the Inaugural Exercises as the guest of the University, and now consented to deliver
the address on that occasion. Since Booth Hall was limited in its
seating capacity to 300, it was found necessary to restrict the
invitations chiefly to alumni (2 50 in number), and besides these
to include only the Trustees, the Federal and State Judges in
Chicago, the Faculty of the School, the Deans of other Departments of the University, the Deans of other law schools in Chicago, the President of the Chicago Bar Association, and the Librarian of the Chicago Law Institute, with a few others including
donors to the equipment of the school and members of the Bar
attending the Installation as delegates from other Universities.
To the reception which followed the exercises were invited all
alumni who could not be accommodated in Booth Hall and all
members of the Chicago Bar. As the officers of the evening were
appointed Honorable Oliver H. Horton, First Vice-President of
the Board of Trustees (and formerly Chairman of the Trustees
of the Union College of Law), as presiding officer, and Rev. Charles
M. Stuart, D.D., professor in the Garrett Biblical Institute, as
chaplain.
At 6 P. M. Mr. Chief Justice Holmes was the guest of honor
at a dinner given at the University Club by the Faculty of the
School; the other guests being President Charles W. Needham,
LL.D., of Columbian University, Washington, D . C.; Professor
Alfred Nerincx, LL.D., of the Faculty of Law of the University of
Louvain, Belgium; Professor Frederick Parker Walton, LL.D., Dean
of the Faculty of Law of McGill University, Montreal, Canada,
and delegate from the University of Oxford, England; and Professor William Hoynes, LL.D., Dean of the Faculty of Law of
Notre Dame University, Indiana.
At 7:45 P. M. Mr. Chief Justice Holmes was received in the
Dean's office by the presiding officer and a Reception Committee
consisting of Hon. Henry S. Boutell, Hon. James R . Mann, and
Hon. George E. Foss-members of Congress from Chicago-the
last two being alumni of the School, and the first being a Trustee
of the University. At the same hour the Judges, together with
the other invited guests, the Trustees of the University, and the
Faculty of the School., assembled in the Faculty Room. Meanwhile the alumni had been seated in Booth Hall, and the students
had been drawn up by classes in opposite ranks, in the north
corridor; Mr. McKinney, '03, Mr. McAuley, '04, and Mr. Dewes,
'05 , acting as Marshals.
At 8 P. M. the procession passed from the Faculty Room,
down the north corridor and between the ranks of students, to the

�4

NORTHWESTERN UNIVERSITY.

Assembly Room (Lowden Hall) ; the Judges being headed by Hon.
James Jenkins, senior judge of the Federal Circuit Court of Appeals
and Hon. Peter S. Grosscup, of the same Court , and formerly Dean
of the School; the Trustees, by H. H . C. Miller, Esq., Second VicePresident of the Board, and Henry S. Towle, Esq., Chairman of the
Law Committee; and the Faculty, by Harvey B . Hurd, LL.D.,
professor emeritus. In the Assembly Room, Hon. Frank Orren
Lowden, '87, President of the Alumni Association, addressing
Mr. Chief Justice Holmes, presented a diamond-point with which
to inscribe on a glass panel his name and the date of his visit.
This panel will be set into the tiles of the chimney-piece over the
fire-place of Lowden Hall, as a permanent memorial of the occasion. After the ceremony of inscription, the procession was resumed to Booth Hall, whither in the mean time the students had
marched, proceeding in double-file through the Library. In
Booth Hall, on the rostrum were seated Mr. Chief Justice Holmes,
the Presiding Officer, the Chaplain, Professor Hurd, and the
Dean of the School; on the floor, on either side facing the rostrum,
were seated the Trustees, the Faculty, and the invited guests;
on the banks in the body of the Hall, the alumni; and the students
remained standing in ranks against the walls.
The Chaplain pronounced the invocation; and the Dean of the
School then addressed the Presiding Officer as follows :
"Mr. President, it is my duty to notify you that the quarters
so generously and wisely provided for us by the Board of Trustees,
aided by the contributions of many alumni and other friends, are
now ready for occupancy. Forty-three years have passed since
the founding of the School. Destiny has at last brought us,
in material equipment, something worthy of our aspirations in
scholarship and our standards in work. For this we thank heartily
all those whom you represent; and we now await your pleasure."
The Presiding Officer then responded as follows:
"Mr. Dean, in the name and on behalf of the Trustees of the
Northwest ern University, I now deliver to you, as dean of the
Faculty of the Law School, these halls and accessories. But few,
if any, law schools in the country have such handsome, commodious, and well-equipped accommodations, in immediate
proximity to the courts, to the great law and other libraries and
to the law offices. Did time permit, it would give me great pleasure to allow memory and affection to dictate fitting words relating
to the Hon. Thomas Hoyne, LL.D., the founder of this school;
the Hon. Henry Booth, LL.D ., the first teacher and dean, and to
other professors, as well as to the alumni; many of whom have attained distinction at the bar and upon the bench. I now place

�THE LAW SCHOOL.

5

in your hands the keys of this department of the University. The
responsibility resting upon you is great. We trust that all your
hopes and anticipations of prosperity and success may be fully
realized. Gentlemen of the Bench and of the Bar, Alumni, and
other guests and friends: The Trustees of this University bid
you a hearty welcome, and bespeak your support and encouragement as this School shall continue to hold high the standard of
qualifications required for admission to the bar.
"We are greatly honored to-day by the presence of the Chief
Justice of the Supreme Judicial Court of Massachusetts. The
opinions which have been rendered by that Court have been, and
will long continue to b e, cited and regarded, in this and other
countries, as among the best legal authorities. Their high standard has been fully maintained during the incumbency of the
present learned Chief Justice.
' A true knight of learning-the world holds him dear,
Love bless him, joy crown him, God speed his career.'
"Gentlemen, I take great pleasure in now ·presenting to you
the Chief Justice of the Supreme Judicial Court of the Commonwealth of Massachusetts, the Honorable Oliver Wendell Holmes."
Mr. Chief Justice Holmes then spoke as follows:
"Mr. President and Gentlemen: Nature has but one judgment
on wrong conduct-if you can call that a judgment which seemingly
has no reference to conduct as such-the judgment of death.
That is the judgment or the consequence which follows uneconomical expenditure if carried far enough. If you waste too much
food you starve; too much fuel, you freeze; too much nerve tissue,
you collapse. And so it might seem that the law of life is the law
of the herd; that man should produce food and raiment in order
that he might produce yet other food and other raiment to the end
of time. Yet who does not rebel at that conclusion? Accepting
the premises, I nevertheless almost am prepared to say that every
joy that gives to life its inspiration consists in an excursion toward
death, although wisely stopping short of its goal. Art, philosophy,
charity, the search for the North Pole, the delirium of every great
moment in man's experience-all alike mean uneconomic expenditure-mean waste-mean a step toward death. The justification of art is not that it offers prizes to those who succeed in the
economic struggle, to those who in an economic sense have produced the most, and that thus by indirection it increases the supply of wine and oil. The justification is in art itself, whatever
its economic effect. It gratifies an appetite which in some noble
spirits is stronger than the appetite for food. The principle might
be pressed even further and be found to furnish art with one of

�6

NORTHWESTERN UNIVERSITY.

its laws. For it might be said, as I often have said, and as I have
been gratified to find elaborated by that true poet Coventry Patmore, that one of the grounds of resthetic pleasure is waste. I need
not refer to Charles Lamb's well-known comments on the fallacy
that enough is as good as a feast. Who does not know how his
delight has been increased to find some treasure of carving upon
a medireval cathedral hidden in a dark alley,-to see that the artist
has been generous as well as great, and has not confined his best
to the places where it could be seen to most advantage? Who
does not recognize the superior charm of a square-hewed oak
beam over a joist set on edge which would be enough for the work?
To leave art, who does not feel that Nansen's account of his search
for the pole rather loses than gains in ideal satisfaction by the
pretense of a few trifling acquisitions for science? If I wished to
make you smile I might even ask whether life did not gain an
enrichment from neglected opportunities which would be missed
in the snug filling out of every chance.
"But I am not here to press a paradox. I only mean to insist
on the importance of the uneconomic to man as he actually feels
to-day. You may philosophize about the honors of leisure as a
survival; you may, if you like, describe in the same way, as I have
heard them described, the ideals which burn in the center of our
hearts. None the less they are there. They are categorical imperatives, They hold their own against hunger and thirst; they
scorn to be classed as mere indirect supports of our bodily needs,
which rather they defy; and our friends the economists would
do well to take account of them, as some great writers like M.
Tarde would take account of them, if they are to deal with man
as he is.
"No doubt already you have perceived the reason why I have
insisted here upon this double view of life. The special value of a
university is that it moves in the twofold direction of man's desires which I have described. I have listened with interest to able
business men when they argued and testified that a university
training made men fitter to succeed in their practical struggles.
I am far from denying it. No doubt such a training gives men a
large mastery of the laws of nature under which they must work,
a wider outlook over the world of science and of fact. If it could
give to every student a scientific point of view, if education could
make men realize that you cannot produce something out of nothing and make them promptly detect the pretense of doing so with
which at present the talk of every day is filled, I should think it
had more than paid for itself. Still more should I think so if it
could send men into the world with a good rudimentary knowledge

�THE LAW SCHOOL.

7

of the laws of their environment. I cannot believe that anything
else would be so likely to secure prosperity as the universal acceptance of scientific premises in every department of thought .
But besides prosperity there is to bee onsidered happiness , which is
not the same thing. The chance of a university to enlarge men's
power of happiness is at least not less than its chance to enlarge
their capacity for gain. I own that with regard to this , as with
regard to every other aspiration of man, the most important question seems to me to be, what are his inborn qualities?
"Mr. Ruskin's first rule for learning to draw, you will remember,
was, Be born with genius. It is the first rule for everything else.
If a man is adequate in native force, he probably will be happy in
the deepest sense, whatever his fate. But we must not under-value
effort, even if it is the lesser half. And the opening which a university is sure to offer to all the idealizing tendencies-which, I am
not afraid to say, it ought to offer to the romantic side of lifemakes it above all other institutions the conservator of the vestal
fire. Our tastes are finalities, and it has been recognized since the
days of Rome that there is not much use in disputing about them.
If some professor should proclaim that what he wanted was a
strictly economic world, I should see no more use in debating with
him than I do in arguing with those who despise the ideals which
we owe to war. But most men at present are on the university
side. They want to be told stories and to go to the play. They
want to understand and, if they can, to paint pictures and to write
poems, whether the food product is greater in the long run because
of them or not. They want to press philosophy to the uttermost
edge of the articulate, and to try forever after some spiritual ray
outside the spectrum that will bring a message to them from behind phenomena. They love the gallant adventure which yields
no visible return. I think it the glory of that university which I
know best, that under whatever reserves of manner they may
hide it , its graduates have the romantic passion in their hearts.
" But, gentlemen, there is one department of your institution
to which I must be permitted specially to refer-the department
to which I am nearest by profession, and to which I owe the honor
of being here. I mean, of course, the department of law. Let
me say one word about that before I sit down. It was affirmed,
I believe, by a man not without deserved honor in his generationthe late Chief Justice Cooley-that the law was and ought to be
commonplace. No doubt the remark has its truth. It is better
that the law should be commonplace than that it should be eccentric. No doubt, too, in any aspect , it would seem commonplace
to a mind that understood everything. But that is the weakness

�8

NORTHWESTERN UNIVERSITY.

of all truth. If instead of the joy of eternal pursuit you imagine
yourself to have mastered it as a complete whole, you would find
yourself reduced to the alternative either of finding the remotest
achievement of quaternions or ontology-the whole frame of the
universe, in short-a bore, or of dilating with undying joy over the
proposition that twice two is four. It seems to me that for men
as they are, the law may keep its every-day character and yet be
an object of understanding wonder and a field for the lightning of
genius. One reason why it gives me pleasure to be here to-day
and to express my good wishes for the future and my appreciation
of the past of your law school, is that it is here and in places like
it that such wonder is kindled and that from it may fly the spark
that shall set free in some genius his explosive message. I am not
dealing in generalities. I mean more than good will to a law
school, simply because it is a law school. Indeed, I almost fear
that the intellectual ferment of the better schools may be too
potent an attraction to young men and seduce into the profession
many who would be better elsewhere. But I am thinking of this
law school and no other."
At this point the speaker paid a tribute to the work of the Dean
of the School, and closed by recurring to his original theme in relation to the function of a teacher of law.
"That teaching will satisfy the twofold desire of man; it will
be enlightened with intelligent economic views and give men what
they want to know when they go out to fight; but also it will send
them forth with a pennon as well as with a sword, to keep before
their eyes in the long battle the little flutter that means ideals,
honor, yes, even romance, in all the dull details."
At the close of the address, the procession was once more marshaled, headed by the Presiding Officer and Mr. Chief Justice
Holmes, and passed from the west door of Booth Hall, through the
Library, to the Faculty Room. Here Mr. Chief Justice Holmes
and the various Federal and State Judges who were present (some
fifteen in all) held a reception; and during the remainder of the
evening several hundred alumni and other members of the bar,
together with the students of the School, were presented to the
judges by the presiding officer.

�L IBRARY (WEST AISLF.)

�BOOTH HALL (COURT-ROOM)

�L OWD EN HALL (ASSEMB L Y ROOM)

��v.

DENT AL SCHOOL
CHICAGO
Offers a four years' course leading to the dei;ree of Doctor of Dental Surgery. The
facilities for the practical and theoretical mstruction in the school are unusually
good. The new location is particularly well adapted for the convenience of the
students and instructors. The attendance during the last year was 535. It is the
largest University Dental School in the world.
For further information, address Northwestern University Dental School,
No~hwestern _University Building, Corner of Lake and Dearborn Streets,
Chicago.

VI.
SCHOOL OF MUSIC
COLLEGE CAMPUS, EVANSTON
Offers extensive courses in the practical and theoretical study of Music.and is designed
to prepare students for the profession as composers, theorists, artists, teachers, or
critics. It also makes pro.-iston for the study of Music as a part of general culture
or as an accomplishment. It 6tters three or four year courses leading to an appropriate degree in Music.
For further information, address School of Music, Evanston, Illinois.

VII.
SCHOOLS OF THEOLOGY
EVANSfON
The Garrett Biblical Institute, open to all roung men from anr evangelical
church, who are properly recommended as candidates for the Christian ministry,
offers a three years' course arranged for classical graduates of approved colleges,
leading to the degree ol Bachelor of Divinity: also a four years' course open to
college graduates, leading to the degree of Doctor of Philosophy.
The Norwegian-Danish Theological Department, established to prepare men
for the ministry among the Norwegian and Danish peol'_le, offers its students an
opportunity to pursue their theological studies in the English, Norwegian, and
Danish languages.
The Swedish Theological Seminary, organized to meet the increasing demands
for educated pastors and missi rnaries among the Swedish population m the United
States, offers a lour years' course in Divinity.
For further inlormation, address the respective schools, Evanston, Illinois.

VIII.
ACADEMY
COLLEGE CAMPUS, EVANSTON
Offers a large variety of courses preparatory to colleg-e and practical life. The
proximity of the college department with its many facilities constitutes a great
advantage to the Academy. Young men and women will find here opportunity to
prepare for any college in the country.
For further information, address Northwestern University Academy
Evanston, Illinois.
A second Academy, under the name of Grand Prairie Seminary, Is maintained
by the University at Onarga, Illinois. Special facilities are afforded for J)feparing
for college or technical schools, or other higher mstitutions of learning. The location in a small town makes it possible for the authorities to offer low rates of tuition
and board. An excellent commercial course is also offered in this institution.
For further information, address Grand Prairie Seminary, Onarga, Illinois,

IX.
PRIVILEGES ACCORDED TO WOMEN
Women are admitted to all departments of the University except the Medica
School on substantially the same terms as men.
For further information as to the Residence Halls for Women, address
Dean of Women, Willard Hall, Evanston, Illinois,

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                <text>SERIES   NUMBER 3 NORTHWESTERN UNIVERSITY EVANSTON CHICAGO BULLETIN OF THE SCHOOL OF (UNION COLLEGE OFi  LAW) FOUNDED 1859 LAW OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NOVEMBER  1902 NORTHWESTERN UNIVERSITY EVANSTON CHICAGO Edmund J. James  A.M.  Ph.D.   President Northwestern University            . Four (Law  Medicine  Dentistry.   Pharmacy) Chicago.       LAW SCHOOL CHICAGO Offers      '     Law          ~   Bachelor   Laws. Special Law.  Chicago Law Institute Library . !· Law                    . Northwestern University Law School Northwestern University Building  Corner   Lake   Dearborn Streets Chicago.NORTHWESTERN UNIVERSITY BUI LDING LAKE AND DEARBORN STREETS  FACULTY ROOM. NORTH CORRIDOR. QUARTERLY BULLETIN OF SCHOOL OF LAW. CONTENTS OF No . 3 NOVEMBER  1902. . VIEWS OF THE NEW QUARTERS THE II. DESCRIPTION OF THE INAUGURAL EXERCISES AT THE OPENING OF THE NEW QUARTERS  OCTOBER 20  1902  WITH THE ADDRESS OF HON. OLIVER WENDELL HOLMES . Application                 Chicago  Ill.         . DESCRIPTION OF AT THE THE INAUGURAL OPENING OF THE NEW QUARTERS  OCTOBER 20  1902  WITH THE ADDRESS OF THE HON. OLIVER WENDELL HOLMES. School Northwestern University Building    Lake   Dearborn Streets                Saturday  October 18th                September 15th  September 24th. A   October                 Inaugural Exercises. All Trustees Faculty        . With School  . Inaugural Exercises         Friday October 3d                    President Roosevelt'      Chicago.   President       June Exercises                 Chicago . Presidential .  Monday  October 20th. (October 19 21)         Installation Ceremonies President James   Universities           Chicago   Evanston Installation.   Honorable Oliver Wendell Holmes  Chief J Supreme Judicial Court   Massachusetts Justice     Supreme Court     United States THE LAW SCHOOL. 3 June             Inaugural Exercises University . Since Booth Hall 300 (2 50    ) Trustees    Federal   State Judges Chicago    Faculty     School    Deans     Departments University    Deans           Chicago President     Chicago Bar Association      Librarian Chicago Law Institute Bar Installation         Universities. To Booth Hall Chicago Bar. Honorable Oliver H. Horton  First Vice President Board   Trustees (    Chairman     Trustees Union College   Law)           Rev. Charles M. Stuart  D.D.        Garrett Biblical Institute . At 6 P. M. Mr. Chief Justice Holmes University Club     Faculty School          President Charles W. Needham LL.D.    Columbian University  Washington  D . C.  Professor Alfred Nerincx  LL.D.      Faculty   Law     University Louvain  Belgium  Professor Frederick Parker Walton  LL.D.  Dean Faculty   Law   McGill University  Montreal  Canada University   Oxford  England    Professor William Hoynes  LL.D.  Dean     Faculty   Law Notre Dame University  Indiana. At 7 45 P. M. Mr. Chief Justice Holmes Dean'                Reception Committee Hon. Henry S. Boutell  Hon. James R . Mann Hon. George E. Foss     Congress   Chicago School            Trustee University. At         Judges Trustees     University Faculty     School.        Faculty Room. Meanwhile Booth Hall  Mr. McKinney  '03  Mr. McAuley  '04    Mr. Dewes '05       Marshals. At 8 P. M.           Faculty Room  4 NORTHWESTERN UNIVERSITY. Assembly Room (Lowden Hall)     Judges       Hon. James Jenkins          Federal Circuit Court   Appeals Hon. Peter S. Grosscup        Court       Dean School    Trustees    H. H . C. Miller  Esq.  Second Vice President     Board    Henry S. Towle  Esq.  Chairman Law Committee      Faculty    Harvey B . Hurd  LL.D. .     Assembly Room  Hon. Frank Orren Lowden  '87  President     Alumni Association Mr. Chief Justice Holmes .  Lowden Hall               . After Booth Hall Library. Booth Hall            Mr. Chief Justice Holmes Presiding Officer    Chaplain  Professor Hurd Dean     School Trustees    Faculty Hall . Chaplain            Dean School       Presiding Officer "Mr. President Board   Trustees  . Forty School. Destiny  . ." Presiding Officer "Mr. Dean                  Trustees Northwest   University Faculty     Law School         .    . Did  Hon. Thomas Hoyne  LL.D. Hon. Henry Booth  LL.D .  . THE LAW SCHOOL. 5 University. . We  . Gentlemen     Bench       Bar  Alumni Trustees     University  School . "We                     Chief Justice     Supreme Judicial Court   Massachusetts. Court  . Their  Chief Justice. ' A Love             God      .' "Gentlemen              · Chief Justice     Supreme Judicial Court     Commonwealth Massachusetts    Honorable Oliver Wendell Holmes." Mr. Chief Justice Holmes "Mr. President   Gentlemen  Nature  .  .  . And   . Yet              ? Accepting   . Art North Pole ' .    . . .  6 NORTHWESTERN UNIVERSITY. . Coventry Patmore . Charles Lamb.  Nansen'  ?   . "                 .  .   . None          . They They   M. Tarde . "No . ' .  . . No  .     . Still  THE LAW SCHOOL. 7 .  .  .                '  .  ? "Mr. Ruskin' Be      .                .  . . And    . Our Rome                    .    . . They                      . They   . They   . They .  . "   .                  . Let .  Chief Justice Cooley . No            . . No . 8 NORTHWESTERN UNIVERSITY. .     .   . One    . . . Indeed   . ." At                         Dean School . "     ." At Presiding Officer   Mr. Chief Justice Holmes                Booth Hall Library      Faculty Room. Here Mr. Chief Justice Holmes Federal   State Judges       ( )  School . LIBRARY (WEST AISLE) BOOTH HALL (COURT ROOM) LOWDEN HALL (ASSEMBLY ROOM) </text>
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                    <text>SERIES I

BULLETIN

NUMBER I

NORTHWESTERN
UNIVERSITY
EVANSTON-CHICAGO

The

SCHOOL OF LAW
(UNION COLLEGE OF LAW)

NORTHWESTERN UNIVERSITY BUILDING
LAKE AND DEARBORN STREETS, CHICAGO

MEMBER OF ASSOCIATION
OF AMERICAN LAW SCHOOLS

PUBLISHED QUARTERLY BY

NORTHWESTERN UNIVERSITY
MAY, 190:z

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�NORTHWESTERN UNIVEI,SITY LAW SCHOOL- STREET VIEW.

�ROSTRUM I N LECTURE - ROOM.

CORNEK I N FACULTY-ROOM

�THE NORTH CORRIDOR.

-----·WEST AISLE IN LIBRARY.

�CORNEK l N THE STUDENTS' ASSEMBLY-ROO~I.

CO URT-ROOM.

�QUARTERLY BULLETIN OF THE
SCHOOL OF LAW.
CONTENTS OF No. r, MAY,
FRONTISPIECE:

1902.

PAGE
FLOOR PLAN OF THE NEW QUARTERS-___ ____
2

VIEW OF UNIVERSITY BUILDING IN CHICAGO ___ _____ __________
VIEWS OF ROOMS IN THE NEW QUARTERS _________________ _ _
CALENDAR OF SESSIONS FOR

3
4-6

1902-1903 _ ________ ______________ _ 8

PROSPECTUS OF THE BULLETIN FOR

1902-1903 _____ ------ __ ___ _

9

LI ST OF FACULTY APPOINTMENTS FOR THE PAST YEAR ___ ____ 10
CHRONICLE

OF

LE CTURE

COURSES GIVEN DURING THE

PAST

YEAR --- --- --------- --- -- ------------ - ------------- - - - ---_

12

ANNOUNCEMENT OF NEW COURSES IN PRACTICE FOR THE YEAR

1902-1903 ____ __ ---- ---- ---- ------ ---- ---- --- -- - ------ ------ 16
LIST OF STUDENTS ENROLLED DURING THE PAST YEAR ___ ___

25

RULES FOR ADMISSION TO THE BAR OF ILLINOIS ________ _ _____

32

ALUMNI NEws : -

Officers of the recently formed branches of the Alumni Association __ ____ ------ ---- ------ --- - - --- ------ ---- ---- ---Meetings announced ·for May and June:Annual Banquet of the Alumni Association ______________
Reception to Professor Hurd __________________ _____ _____
Commencement Exercises ____ ___________________________
Recent action of the Board of Trustees ~n larging the Faculty
and incr easing the School Library and Equipment_ ______ _
Description of the New Quarters __ ________________________
Biographical Sketches of recent Appointees to the Faculty __
Biographical Sketch of Professor Hurd _____________________

35
38
38
38
39
40

41
42

Historical Summary ___ ------ ---------------"------- ------- 43
Portraits of the Founder of the School, the First Dean, the
Senior Professor, and the President of the A lu mni Association ____________ ----------------------- - ---------- - - - 45-48

7

��CALENDAR.
1902.

September 22, Monday,
September 2 3, Tuesday,

Registration Day for New Students.
Registration Day for Applicants
for Advanced Standing.
September 24, Wednesday, Registration Day for Other Students.
September 25, Thursday, Lectures Begin.
November 27, Thursday, T_hanksgiving Recess.
December 20, Saturday,
Lectures close for Christmas Re~
cess.
1903.

January 5,

Monday,

Thursday,
January 29,
Monday,
February 2,
February 7, . Saturday,
Monday,
February 9,
February 12, Thursday,
Saturday,
May 23,
Thursday,
May 28,
Thursday,
June 18,

Christmas Recess Ends, Lectures
begin.
Lectures Close.
Examinations Begin.
First Semester Ends.
Second Semester Begins.
Lincoln's Birthday.
Lectures Close.
Examinations Begin.
Commencement.

8

��PROSPECTUS OF THE QUARTERLY
BULLETIN FOR 1902-1903.
The BULLETIN of the Law School will be hereafter issued
quarterly, with a view to informing the alumni more fully and
regularly of the events of interest occurring from time to time,
and of chronicling the various special addresses and proceedings that take place in connection with the School's work.
The contents, so far as can be specifically announced beforehand, will include the following topics of interest:
No. 1, May, 1902-As set forth in the Table of Contents.
No. 2, August, 1902-A report of the Annual Banquet of
the Alumni Association, on June 12th; a report of the Commencement Day exercises; a list of the Graduating Class and
of the prizes awarded; and a list of the remaining appointmen ts to the Faculty for r 902- 190 3, with biographical sketches.
No. 3, November, 1902-A report of the inauguration exercises upon entering the new quarters, in October; a report
of the meeting of the Alumni Association on that occasion;
and a set of photographic views of the various rooms in the
new quarters.
No. 4, February, 1903-A report of various special addresses delivered in the School up to that time; a complete
list, so far as ascertainable, of the addresses of alumni; and
the reports from the secretaries of the various branches; these
.l ast to be printed in an earlier number if feasible.
Every member of the Alumni Association will be regularly
supplied with a copy of the BULLETIN. The subscription
price to others will be fifty cents a year.

9

�LIST OF MEMBERS OF THE FACULTY
DURING THE YEAR 1901-1902.* ~
DANIEL BONBRIGHT, LL.D.,
Acting President ef tke University.
EDMUND JANES JAMES, PH.D.,
President of tk" University (from April 1, 1902).
JOHN HENRY WIGMORE,

(A.M., Harvard University; LL.B., Harvard University)

Prefessor ef Law and Dean of tke Faculty.

HAR VEY BOSTWICK HURD,
(LL.D., Northwestern University)

Prefessor of Law.

EDWARD AVERY HARRIMAN,

(A.B., Harvard University; LL.B., Boston University)

Prefessor

ef Law.

BLEWETT LEE,

(A. M., Harvard University; LL.B., Harvard University)

Professor ef Law.

EDWIN BURRITT SMITH,

(A.M ., Oberlin University; LL.M., Yale University)

Prefessor ef Law.

JULIAN WILLIAM MACK,
(LL.B., Harvard University)

Prefessor

ef Law.

HON. NATHANIEL CLINTON SEARS,

(A.M., Amherst College; LL.D., Northwestern University; Judge of the Appel·
late Court, First District of Illinois)

Professor

ef Law.

CHARLES CHENEY HYDE,

(A.M., Yale University; LL.B., Harvard University)

Assistant Prefessor

ef Law.

ALBERT MARTIN KALES,

(A.B., Harvard University; LL.B., Harvard University)

Assistant Professor o/ Law,

* Arranged, within each group, with the exception of the President and Dean, in
the order of appointment.
IO

�THE LAW SCHOOL.

I I

SAMUEL ADAMS,

(A.B., Harvard University; LL.B., Northwestern University)

Professor of Law.

CHARLES GEORGE LITTLE,

(A.B., Amherst College; LL.B., Northwestern University)

Assistant Professor of Law.

HENRY SCHOFIELD,

(A.M., Harvard University; LL.B., Harvard University; ·Assistant Corporation
Counsel to the City of Chicago)

Instructor in Law.

LESTER LE GRAND BOND,
Lecturer on Trade-Mark and Copyright.
HON. PETER STENGER GROSSCUP,

(A ,M., Wittenberg College; LL.B., Boston University; LL.D., Knox and Wittenberg Colleges ; Judge of the United States Circuit Court of Appeals)

Lecturer on International Law.

LOUIS LEE DENT,

(A.B., Harvard University)

Lecturer on Practice.

ROBERT CLOWRY CHAPMAN,
(LL.B., University of Michigan)

Lecturer on Telephone and Telegraph Companies.

CHARLES CLARENCE LINTHICUM,
(LL.B ., Northwestern University)

Lecturer on Patents.

CHARLES BYRD ELDER,

(LL.B., Northwestern University)

Lecturer on Extraordinary Legal Remedies.

MITCHELL DA VIS FOLLANSBEE,

(A.B., Harvard University: LL.B., Northwestern University)

Lecturer on Legal Ethics.

FREDERIC BEERS CROSSLEY,
(LL.B., Northwestern University)

Secretary oj the Law School,

�NORTHWESTERN UNIVERSITY LAW
SCHOOL.
CHICAGO.

REQUIREMENTS FOR ADMISSION.

Persons applying for admission as regular students must
answer the following requirements:
I.
Age.-They must not be less than eighteen years of age.
z. Preliminary Education.-A candidate for a degree must have _
a preliminary general education equivalent to that of a graduate of a
high school. For the proof of such education required, see page 33.
3. Time of Entrance.-No applicant not coming from another
law school will be admitted to the first-year class after the second
week in January, for the reason that the courses of study are carefully
graded and an acquaintance with earlier courses is necessary for the
pursuit of the later ones. Those who do not enter by the beginning
of January cannot work with profit to themselves, and are a hindrance
to the progress of others. All students intending to enter the school
are strongly urged to do so at the beginning of the year. The disadvantage of delay is great, especially to students who intend to
practice law in Illinois.

ADVANCED STANDING.

The requirements in regard to advanced standing, are
explained under the title "Degrees," on page 20.
SPECIAL STUDENTS.

Persons not desiring to be candidates for a degree may
pursue one or more courses as special students, provided they
are qualified to pursue such courses to advantage. They will
receive a certificate of all work done, and they may at any
time enter as candidates for a degree, provided they are qualified under the above requirements. No special student may
take more than twenty-five term -hours of work in one year
without special permission from the Dean.
12

�THE LAW SCHOOL.
COURSES OF INSTRUCTION.

The following list rep resents the courses of instruction as
given in 1901-1902; to this list there will be additions in 19021903.
FIRST YEAR CLASS.

FIRST TERM.

Contracts-Three hours a week. Keener's Cases on Contracts.
Harriman on Contracts.
Mr. HYDE.
Torts-Two hours a week. Ames' and Smith's Cases on Torts.
Professor WIGM 0 RE
Property (I) (Including Personal Property)-T wo h o urs a week
Gray's Cases on Property, Vols. I, II.
Mr. KALES.
Common Law Pleading and Procedure-One hour a week Andrews Stephen on Pleading, 2d edition; Ames' Cases on Pleading.
Professor ADAMS.
Criminal Law-Two hours a week. Clark and Marshall on
Criminal Law.
Professor HURD.
SECOND TERM.

Contracts (continued)-Three hours a week.
Mr. HYDE.
Torts (continuedJ-Two hours a week.
Professor WrGMORE.
Property(/} (continued)-Two hours a week.
Mr. KALES.
Common Law Pleading and Procedure (continned)-Two hours a
week.
Professor ADAMS.
Master and Servant in Tort-One hour a week. Wambaugh 's
Cases on Agency.
Professor WIGMORE.
SECOND YEAR CLASS.

FIRST TERM.

E v idence-Two hours a week. Thayer's Cases on Evidence, 2d
edi tion.
Professor WIGMORE.
Trusts-Two hours a week. Ames' Cases on Trusts.
Professor MACK.
Agency-Two hours a week. Wambaugh's Cases on Agency.
Professor HARRIMAN.
Commei·cial Paper-Two hours a week. Huffcut on Negotiable
Instruments.
Professor MACK.
(Omitted in 1902 -1903 and a lternate years.)
Equity (/)-Torts. Three hours a week. Keener's Cases on
Equity , Vol. I.
Mr. SCHOFIELD.

�14

NORTHWESTERN UNIVERSITY.

Property (II)-Two hours a week. Tiedeman on Real PropProfessor SMITH.
erty. Gray's Cases on Property, Vol. V.
ing.

Eqttity Pleading-Two hours a week.

Shipman on Equity PleadProfessor HURD.

Sales-Two hours a week.

Williston's Cases on Sales.
Professor MACK.
(Given in 1902-1903 and alternate years.)
SECOND TERM.

Evidence (continued)-Two hours a week.

Professor WIGMORE.
Professor MACK.
Trusts (continued)-Two hours a week.
Comme1-cial Paper (continued)-Two hours a week.
Professor MACK.
(Omitted in 1902-1903 and alternate years.)

Property (If) (continued)-One hour a week.

Professor SMITH.
Sales (continued)-One hour a week.
Professor MACK.
(Given in 1902-1903 and alternate years.)

Wills and Admbtistration-One hour a week.

Bigelow on Wills.
Professor SMITH.

Equity (II)-Specifie Performance. Three hours a week.
Keener's Cases on Equity, Vol. II.
Mr. SCHOFIELD.
(Omitted in 1902-1903 and alternate years.)
Equity (III)-Contracts. Three hours a week. Keener's Cases
on Equity, Vol. III.
Mr. SCHOFIELD.
(Given in 1902-1903 and alternate years.)
Bankruptcy-One hour a week.
Professor MACK.
Persons and Domestic Relations-One hour a week.
Professor \.VIGMORE.
(Given in 1902-1903 and alternate years.)
~ttasi-Contracts-Three hours a week. Keener's Cases on QuasiContracts.
Professor WIGMORE.
(Given in 1902-1903 and alternate years.)
Bailments and Carriers-Three hours a week. McClain's Cases
on Carriers; Beale's Cases on Carriers.
Professor WIGMORE.
(Omitted in 1902-1903 and alternate years.)
Telegraph and Telephone Companies-One hour a week for ten
weeks.
Mr. CHAPMAN.
Extraordinary Legal Remedies-One hour a week.

Mr. ELDER.

�'FHE LAW SCHOOL.
THIRD YEAR CLASS.
FIRST TERM.
Corporations-Two hours a week. Smith's Cases on Corporations.
Professor ADAMS.

Practice-(At common law and in equity.) Two hours a week.
Judge SEARS.
International Law (I)-Two hours a week. Snow's Cases on
International Law.
Professor WIGMORE.
Suretyskip-One hour a week. Ames' Cases on Suretyship.
Professor ADAMS,

Jurisdiction ef Federal Courts-One hour a week. Curtis on
United States Courts.
Professor ADAMS,

Conveyancing-One hour a week. Gray's Cases on Property,
Vol. III; with work in drafting instruments, to count as a second hour.
Professor SMITH.
International Law (II)-On·e hoar a week,
and Diplomacy; topics for original research.

American Treaties
Mr. HYDE.

SECOND TERM,

Partnerskip-T~o hours a week.

Ames' Cases on Partnership,
Mr. LITTLE.

Practice (continued)-Two hours a week.
Judge SEARS.
Conveyancing (continued)-One hour a week. Professor SMITH, _
Corporations (continued)-Two hours a week.
Professor ADAMS,
International Law (II) (continued)-One hour a week.
Mr. HYDE.
Constitutional Law (I)-(In General, Police Power, Eminent
Domain.) Three hours a week. Thayer's Cases on Constitutional
Law, Vol. I.
Mr. SCHOFIELD.
(Omitted in 1902-1903 and alternate years.)
Constitutional Law (II)-(Taxation, Contracts, Commerce, War,
etc.) Three hours a week. Thayer's Cases on Constitutional Law,
Vol. II.
Mr. SCHOFIELD,
(Given in 1902-1903, and alternate years.)

The courses in Constitutional Law are also open as electives
to members of the second-year class. No second-year student, however, may take courses amounting to more than 25
term-hours, or an average of 1 z ½ hours a week for the year,
without special permission from the Secretary; and no second-

�NORTHWESTERN UNIVERSITY.

year student may take any other third-year courses than those
in Constitutional Law without special permission.
COURSES OF LECTURES NOT COUNTED TOW ARD
A DEGREE.

Trade-Marks and Copyrights-Six lectures.
Patents-Three or more lectures.
General Review-Thirty-six lectures.
Legal Ethics-Four lectures.

Mr.
Mr.

Mr.

BOND.

LINTHICUM.

Mr.

DENT.

FOLLANSBEE.

SPECIAL TRAINING IN LEGAL WRITING, SPEAKING,
AND PRACTICE.

In addition to the above described courses of systematic
instruction in the body of the law, the following special training is offered in certain important details of legal writing,
speaking, and practice, which help materially to equip the
accomplished lawyer.
I.
Thesis. It is the desire of the Faculty to encourage original
research by students. Any member of the third-year class may
therefore obtain credit to an amount not exceed,ing two term-hours
by presenting a satisfactory thesis upon some legal topic approved
by a member of the Faculty before October ISt. The thesis must
be presented on or before May rst of the year in which the student expects to graduate; it must be printed on the typewriter or otherwise,
and is to be kept permanently in the school ; the work should be
begun- in October. The Lee prize, noted on p. 20, is awarded for
the best thesis.
2. Moot Courts and Briefs. For the purpose of training students in the independent investigation of legal questions and in the
preparations of briefs, Moot Courts are held weekly during the
greater part of the year, in which the instructors preside as judges,
and the members of the class prepare briefs and make oral arguments upon difficult cases given out beforehand. Each member of
the second and third year classes has an opportunity to take part as
counsel in these exercises. Application must be made on or before
October 1st. The student may take the work in Moot Court either
in his second or in his third year, or in both years, and will receive
credit for one term-hour for work satisfactorily done therein.
3. Practice Court. In 1902-1903, a Practice Court, conducted according to the most approved methods, will be open to members of
the second-year and the third-year classes. In this Court the procedure in various sorts of litigation will be practically exemplified,

�THE LAW SCHOOL.
oy taking the student through all the stages of a suit at law, requiring him to draft papers, make motions, conduct trials, and otherwise
familiarize himself, before graduation, with the machinery of a Court
in actual operation. The public sessions of the Court will be once a
week through the year.
4. Practical Work witk Clients. In 1902-1903, the School expects
t o resume, on a larger scale, its share of an undertaking in which it
made a temporary beginning a few years ago~the charitable work
of a Legal Aid Bureau. This Bureau will be conducted by an experienced member of the Bar, having among his assistants a limited
number of qualified members of the . third-year class. It will meet
every day, either at the School or elsewhere, and attend to the
cases of persons applying for aid. Its object is to protect from injury
some of the hundreds of persons who, in a great metropolis like
Chicago, are daily suffering wrong and oppression because they are
too poor to obtain good legal advice. It is essentially a charitable
institution; but the experience which it gives to those advanced
students who take part in it is of great value as an introduction to
the practical work of applying their knowledge and dealing with
clients.
5. Public Speaking. The function of a lawyer as the persuasive
adviser and leader of men needs for its development some training
in oral argument and debate, use of the voice, conduct of meetings
and the like. Such a course of training will be offered in 1902·1903, in the following three parts:
(a) Argument and Debate. An exercise of two hours, once a
week throughout the year, in a class of two sections, meeting alternately, will be conducted by Professor J. SCOTT CLARK of the College of Liberal Arts.
(b) Voice Training. An exercise of two hours, once a week
through the first term , in a class of two sections, meeting alternately,
will be conducted by one of the Faculty of the Cumnock School of
Oratory.
(c) Parliamentary Practice, An exercise of two hours, once in
two weeks through the first term, will be conducted by Professor
JOSEPH W. ROBERT, of the Robert School of Parliamentary Law.
This course in Public Speaking will be open to all students on
payment of the fee noted on page 23, and may be taken a second or
a third time without fee. The Towle prize, noted on page 20,
awarded for proficiency in public speaking, is open to those only who
have taken this course.
6. Special Addresses on Legal Practice. In 1902-1903, on one evening in alternate weeks, an address will be given, by some well
known member of the Bar, upon some topic of practice in which he

�NORTHWESTERN UNIVERSITY.
has had special experience and in which the communication of personal experience is of special value as a guide to others. These addresses will deal with the practice on such topics as the following:
Eminent Domain, Personal Injuries, Municipal Ordinances,Justices'
Courts, Special Assessments, Criminal Courts, Corporate Organization, Insurance Policies, Chattel Mortgage Foreclosures, Juries,
Making Up a Trial Record, etc., etc.
7. Special Addresses on Commercial Methods. In 1902-1903, on
one evening in alternate weeks, an address will be given, by some
representath·e citizen of Chicago, on the methods of business in the
leading departments of commerce and industry. The purpose of
this course is to do something towards removing that ignorance
which most young lawyers exhibit of the actual operations of business upon which they are asked to give legal advice, and to stimulate students to greater efforts to equip themselves more adequately
in that respect. The addresses will deal with their subjects in the
most concrete and practical manner, and will describe the customary documents, books, and detailed operations of such special
branches as the following: Board of Trade, Banks, Railroads, Stock
Exchange, Insurance, Wholesalers and Jobbers (in various lines of
goods), Exporters and Importers, Real Estate Loans, etc., etc.
SYSTEM OF STUDY AND INSTRUCTION .

. The modes of instruction are varied, and depend more or
less upon the individuality of the instructor and the character
of the particular course. The study of cases under the
instructor's direction is in almost every course the chief
basis of the student's work. The object of the instruction
given is not merely to secure familiarity with the rules of law
as actually enforced, but also to develop a legal mind, to train
the student in the art of leg:fl reasoning, and to cultivate the
faculty of sound legal common sense; in short, to prepare for
the practical work of giving intelligent legal advice upon
actual situations laid before an attorney by a client.
It is desirable that the student should, if possible, devote
bis time exclusively to his work in the Law School. The constantly increasing complexity of the law demands a thorough
acquaintance with legal principles, which can be obtained only in
a law school, and the work required of a student in this school
is amply sufficient to occupy all his time.
Many students find places in lawyers' offices during the

�THE LAW SCHOOL.

third year in the School; but the student is advised to delay
this until after completing the course, not only because of its
interference with his thorough preparation in the law, but also
because the tendency among practicing lawyers is increasing
to prefer, for assistants, those who have graduated and are admitted to the Bar, and to pay adequate compensation to such
persons only. The experience to be gained in the school's
Legal Aid Bureau and Practice Court is expected to supply
more effectively the experience sought in a lawyer's office.
The School endeavors to find desirable places for its students
upon graduation, and those who graduate with credit are fairly
certain to be thus provided for. The compensation given is
subject to no general and accepted scale, but in most of the
desirable offices it ranges from $5 to $15 a week during the
first year of service.
LIBRARY FACILITIES.

The School's own Library contains over 3,000 volumes.
This includes (r) the treatises most needed for reference; (2)
all the English reports since 1863; (3) a series of reprints,
now in C&lt;:lUrse of publication, of all other English Reports; (4)
the complete series of the National Reporters containing the
decisions of all the Supreme Courts of the States and Territories; (5) the Official Reports of the Courts of Illinois, the
United States, and the other States whose decisions are most
needed for the study of their local law. By Sept. r, 1902,
some 7,000 more volumes will be added, including the remaining American reports.
Bllt the amplest facilities for extended research are placed
at the disposition of students by the courtesy of the Chicago
Law Institute, located in the County Building, two blocks
from the School premises. Each student is given, without
charge, a certificate entitling him to the use of this Library.
It contains nearly 40,000 volumes, and in extent of resources
ranks among the first half-dozen in the country.
Students have also the benefit, without charge, of the
Chicago Public Library, located three blocks from the new

�NORTHWESTERN UNIVERSITY.

20

quarters of the School, and containing' 276,000 volumes; of
the Crerar Library, devoted especially to scientific works, and
containing 76,00·0 volumes; and of the Newberry Library,
containing 250,000 ;olumes.
PRIZES.

,

The Towle Prize-A prize of fifty dollars, the gift of Henry
S. Towle, Esq., Chairman of the Law School Committee of the
Board of Trustees, will be awarded for proficiency in public speaking, on conditions to be announced later.
2. The Lee Prize-A prize of fifty dollars, the gift of Blewett
Lee, Esq., formerly professor in the School, will be awarded in 19021903, to that member of the graduating class who presents the best
thesis; but the Faculty reserve the right not to award this prize if no
thesis should be presented having sufficient merit to justify this distinction.
3. The Callaghan Prize-A prize of fifty dollars in books to be
selected from their own publications, the gift of Messrs. Callaghan .
and Company, of Chicago,- will be awarded annually to the member
of the graduating class having the best record in scholarship for th.e
entire course.
In 1901 the Callaghan Prize was awarded to Arthur Thomas
Galt, A. B., of Chicago.
I.

DEGREES.

All degrees are conferred at the general University Commencement. On this occasion all candidates for degrees
are required tb present themselves in person, the Oxford cap
and gown being worn as the official dress.
I.

BACHELOR OF LAWS.

The degree of Bachelor of Laws will be conferred by the
Trustees of the University upon students who are recommended therefor by the Faculty of the School. Such students
will be recommended as, in the judgment of the Faculty, are
of fit character and have complied with the following requirements:
I. Attendance-Regular attendance for three years is required of
all students with the following exceptions:
1.
Students who have studied law for one year, either in a college, a law school, or an attorney's office, may obtain a degree in
two years.

�THE LAW SCHOOL.

21

2. Students who have satisfactorily completed two years' study
in a law school in good standing may obtain a degree in on e year.
3. Students who have satisfactorily completed one year's study
in a law school in good standing, and who have also studied law for
one year, either in a college, a law school, or an attorney's office,
may become candidates for a degree in one year by obtaining
special permission from the Dean.
II. R egistration-Candidates for a degree must register for work
amounting to at least ten hours a week for each year.
III. Course of Study- All candidates for a degree must pass ex·
aminations in courses amounting to sixty term-hours, the equivalent
of courses of study of ten hours a week for three years. But persons
who have satisfactorily completed a two years' course of study in a
law school in good standing will be excused from one-half of the
examinations above required .
Persons who have satisfactorily completed less than two years'
study of law in a college or law school in good standing, may be
given credit for this work and be excused from these examinations
to such extent as shall be determined in each case by the Dean,
The specific subjects in which such credit may be given will be
determined by the Secretary at the time of admission.
Four grades are given for work done. The grades are as follows :
A, excellent; B, satisfactory; C, unsatisfactory; D, failure. A student may not count a course in which he obtains grade C, except
he obtain grade A in another course or courses of equivalent
amount; and except that h e may count courses in which he obtains
grade C to the extent of on e -sixth of the total work required to be
done by him in this School for graduation.
II.

MASTER'S DEGR E E.

The Master's degree in Arts, Philosophy, Science or Letters will be conferred under the following conditions:
A graduate of the College of Liberal Arts of this University, or of some other in which the requirements for the
Bachelor's degree in Arts, Philosophy, Science or Letters are
equivalent to the requirements for the same degree at this
University, may obtain the Master's degree at the same time
with the degree of Bachelor of Laws by pursuing, · with the
sanction of the Faculty of Liberal Arts, advanced work in
subjects approved by that Faculty, and obtaining credit in
such work to the amount of twelve semester-hours; and by
presenting a thesis on an approved topic. The courses of

�22

NORTHWESTERN UNIVERSITY.

study may, in part or entirely, deal with legal subjects; but
courses of legal study, in order to count for the degree,
must be (a) of an advanced nature, (b) not otherwise
counted for the degree of Bachelor of Laws, (c) pursued
under the direction of a member of the Faculty of the Law
School. Students in law intending to become candidates for
the Master's degree must register for the same in the College
of Liberal Arts and in the Law School on or before the first
Monday in October of the year in which they expect to graduate, and must pay the diploma fee of ten dollars. The
Master's degree is open upon the same terms to graduates of
the Law School who register before the October next following the completion of their professional course.
The following subjects have been approved by the Faculty
of Liberal Arts, and work therein may be counted for the
Master's degree: Constitutional Law, International Law,
Administrative Law, Roman Law, Jurisprudence, Legal
History.
GRADUATE WORK.

This School offers no higher degree in law than that of
Bachelor of Laws, not believing that the recognition of other
degrees in law, except honorary ones, is in harmony with the
best dictates of wise University policy. The School offers,
• however, to graduates of other law schools who desire to
pursue their studies further, special opportunities. The following courses are particularly recommended to graduates of
law schools.
(1) Constitutional Law.
(2) International Law-In this course special research in the
problems of international law of consequence to this country is
provided for.
(3) Practice-In this course a thorough training is given in
practice at common law and in equity, with special reference to the
needs of members of the Illinois bar.
(4) Conveyancing-In this course special attention is paid to the
forms of deeds and other legal instruments in common use.
(5) General Review-A general review of the law is offered to
graduates of law schools who wish to prepare for the bar examina-

�THE LAW SCHOOL.
tion in Illinois. This course is given four times a year, beginning
about six weeks prior to each bar examination. The course is open
to all students who satisfy the instructor that they have had sufficient
training in law.
(6) Original Research-The Faculty desires to encourage original
research on the part of law school graduates. Special arrangements
may be made with members of the Faculty for the pursuit of original
investigation in any legal subject.
FEES.

These fees are subject to change, but will not be changed '
so as to affect any student after he has entered the School.
1.
The tuition fee for regular students is one hundred
and five dollars a year, payable in three installments of thirtyfive dollars each, October 1st, January 10th, and April 1st. A
rebate of five dollars is allowed to students who pay the entire
tuition in advance on October 1st. This fee entitles a student
to take only the regular work of the class in which he registers.
2.
Fees for special students are calculated on substantially
the above basis. For any course the fee is five doliars for
each hour per week of classroom-work for a half-year. · A
fee of two dollars will be charged to all students taking the
course in Public Speaking; but, after one payment of this fee,
the course may be taken in any ensuing year without charge.
3. All fees for special courses are payable at the beginning of each course.
4. Students taking other than the regular work of the
class pay fees as special students for the courses taken.
5. A matriculation fee of five dollars is payable by all
students at the time of entering the School.
6. A fee of ten dollars is charged for a diploma conferring the degree of Bachelor of Laws. This fee is payable
June 1st, and is refunded if the student fails to graduate.
7. No reduction of fees is made to students who enter
the School after the beginning of the academic year.
8. Students are permitted to take those courses only for
which they pay tuition, but a student, while paying the regular fee of one hundred and five dollars, may attend without
charge any course for which he has paid in any preceding year.

/

�NORTHWESTERN UNIVER S ITY.

9. No fees except diploma fees are refunded for any
cause, but a student who is prevented by sickness or otherwi se
from attending any course may attend the same course in any
subsequent year without charge.
ro. The registration of all students who fail to pay their
fees at the appointed time is canceled. . Any student whose
registration is canceled is required to pay a fee of one dollar
for reinstatement. A student whose registration is canceled
"' ceases to be a member of the School, and can receive no
certificate of attendance for the period during which his
registration is canceled.
r r. Students may withdraw from the School at any time
by giving written notice to the Secretary. Upon the receipt
of such notice by the Secretary, the student will be released
from his obligation to pay installments of tuition becoming
due thereafter.
•
EXPENSES OF LIVING.

The School is situated within ten minutes' walk of a district in which there are great numbers of private boarding
houses. Information as to desirable places can be obtained
at the School. The following table exhibits the different
scales of expenditure, from which the student may estimate
the annual cost of living while at the School.
LOW.

Tuition ____ ______________ _______ ___ __ __ __ $roe
Board (36 weeks)----______ ____ ____ _____ __ rro
Room ____________________ __ __ ---- ____ __
38
15
Washing_________________ ___________ ____
Text-books and Stationery_______________
30

AVERAGE.

$293

$roe
1 35
70
25
40

$37o

LIBE R AL.

$roe

200
100

35
45
$480

ASSISTANCE TO STUDENTS.

Five assistant librarians and monitors are appointed annually. These receive free tuition in compensation for their
services. Applications for appointment should be addressed
to the Secretary of the Law School.

�LIST OF STUDENTS ENROLLED DURING
THE YEAR 1901-1902.
RESIDENT BACHELORS OF LAW.
Burr, James Henry,

St. Charles.

Childs, Lester Coffeen,

Hinsdale.

Green, Everett PaPish,

Chicago.

Hurlbut, Harry Rogers,

Chicago.

Jacobsen, John U., Jr.,

Chicago.

Koepke, Charles Albert,

Chicago.

Langan, John Frederick,

Chicago.

Lewis, Arthur Gardner,

Chicago.

Miller, George Haven,

Evanston.

Pearsons, Harry Putnam,

E1•anston.

LL.B., Northern Illinois College of Law.

A.B., Beloit College; LL.B., Northwestern University.
LL.B., Chicago Law School.
A.B., University of Michigan; L.L.B., Northwestern University.
LL .B., Kent College of Law.

LL.B., Northwestern University,
LL.B., Chicago College of Law.

A.B., Harvard University; LL.B., Harvard University .

LL.B., Northwestern University.

A.B., Northwestern University; LLB., Northwestern University.

Potter, Edwin,

LL.B., University of Michigan.

THIRD YEAR STUDENTS.
(Candidates for g-·aduation in 1902.)
Adcock, Edmund David,

Galesburg.

Anderson, William France,

Chicago.

Ashton, Edgar Lowell,

Blanchester, Ohio.

Bunta in, Cassius M. Clay,

Momence.

Cermak, Jerome Jeremiah,
Cleveland, Frank Clayton,

Chicago.
Chicago.

Davis, Abel,
Dickinson, William Reynolds,

Chicago.
Chicago.

A.B., Knox College.

A.B., University of Chicago.
A.B., Ohio Wesleyan University.
A.B., Northwestern University.

Ph.B., University of Chicago.
A.B., Harvard University.

Gilman.

Dietz, Godlove Orth,

25

�26

NORTHWESTERN UNIVERSITY.

Falter, Frederick William,
Fischer, Edgar Bernhardt,
Frank, Charles Sigmund,
Freeman, Charles Yoe,

Chicago.

Green, Charles Henry,
Hadley, Charles William,

Evanston.
Wheaton.

Haight, George,

Rockdale, Wis.

Hess, Carl,
Hollock, Roland Martin,
Holste, August Fred,

Chicago.
Maco111b.
Palatine.

Honegger, Peter Gottlieb,
Hoy, Eugene Richard,
Jeffreys, Ivor,

Chicago.
Chicago.

Knowlton, Clarence Elliot,
Lowrie, Alfred Richard,

Rochester, Minn.
Elgin.

Margolis, Bernard,
Mauzy, Amon,
McDonald, John Peter,
McNulta, Donald,
Moore, Edward Coleman,

Chicago.
Chicago.
Chicago.
Moline.

Oppenheim, Sidney,
Pines, George Sergius,
Reed, Clark Scammon,

Chicago.
Chicago.
Chicago.

Robinson Warner Hunt,
Rogers, Roy Leon,
Smiley, Edmund Pillsbury,

Chicago.
Chicago.
Chicago.

Thomson, Charles Marsh,

Chicago.

Thomsen and von Colditz, Sandor,
Tompkins, Alfred Foote,
Topliff, Samuel,

Chicago.
Oak Park.
Evanston.

Turnell, Charles Allen,
Tyrrell, Pierce Crawford,
Weinfeld, Charles,
Witter, James Franklin,

Kankakee.
Elgin.
Chicago.
Ca111bridge.

Weston, Herbert Mantor,

Chicago.

Chicago.
Addison.

A.B., Princeton University,

B.L., Wheaton College.

B.L., University of Wisconsin.

A.B., University of Chicago.

A.B., Oberlin College.

A.B., Yale University.

A.B., Yale University.

Bh.B., University of Chicago.

A.B., Yale University.

A.B., Washington and Jefferson College.

A.B., Bowdoin College.

A.B., A.M., Hedding College.
Ph.B., University of Chicago.

Zabel, Max William,

B.S., University of Wisconsin.

.

Milwankee, Wis.

�THE LAW SCHOOL.
SECOND YEAR STUDENTS.
(Candidates for graduation in 1903.)
Baird, James Arthur,

Carthage.

Block, Manfred Sickle,

Platteville, Wis.

Campbell, Hilary Erskine,
Carrott, Matthew Finlay,

Chicago.
~uincy.

Crilly, Oliver Daniel,

Chicago.

Clark,John Woodbury,
Crosby, Emery William,
Daly, Charles Lawrence,
Devine, John,
Deering, Thomas Gardiner,
Dietz, Cyrus Edgar,
Dunbar, David Owen,

Paw Paw.
Chicago.
Chicago.
Chicago.
Gilman,
Center Point, Ia.

Eberhardt, Alfar Maximilian,
Eschbach,Jesse Ernes~

C!ticago.
Warsaw, Ind.

Ewing, Joseph Chalmers,

Chicago.

Fleming, William,

Sabula, Ia.

Frank, Lee Julius,

Chicago.

Guthman, Roy,
Headen, Thomas Moulton,

roungstown, Ohio.
Shelbyville.

Hicks, Aeden Rhodes,

Chicago.

Johnson, Charles Christian,
Kay, Fred Hans,
Kahn, Julius Maurice,

Chicago.
Chicago,
P etersburg.

Keating, James William,
Keep, Albert, 2d,
Knapp, William Proctor,

Chicago.
Chicago.
Clticago.

Kropf, Victor Gustav,

Chicago.

Kidder, Royce Annan,
Kompe l, Morris,

Sterling.
Clzicago.

Lee, Curtis Gilmore,
Mayer, Elias,

Chicago.
Chicago.

A.B .. Carthage College.

B.L., University of Wisconsin.

A.B., Princeton University.
A.B., Harvard University.

B.S., Cornell College; A.B., Columbia University.
Ph .B., Otterbein College.

A.B ., University of Chicago.
B.S., Upper Iowa University.

A.B., University of Chicago,

B.S., University of Illinois.
A.B., Leland Stanford, Jr., University.

A.B., Northwestern University.

Ph.B., Iowa College.

A.B., Washburn College.
B.L., Northwestern University.
A.B., Harvard University.

�28

NORTHWESTERN UNIVERSITY.

Mergentheim, Morton Adolph,

Chicag·o.

Mills, Matthew,

Chicago.

Murphy, Edward James,
Mudge, Dick Howard,
McClure, V. K. Everett,

Evanston.
Edwardsville.
Cloverdale, Ind.

Matthews, Jacob Scott,

Chicago.

Niles, John Addison,
Odell, Benjamin Franklin Jefferson,
Peckham, John Judah,

Chicago.
Chicago.
Geneva.

Proctor, Harold Peres,
Quinlan, Thomas Ambrose,

Veroqua.
Chicago.

Rogers, Rowland Thumm,

Chicago.

Rosenberg, Hyman,
Rose, Charles George,
Schafer, Frank Boesher,
Swigert, Harry Amos,
Shaw, Joseph Lawrence,

Chicago.
Chicago.
El Paso.
Council Bluffs, Ia.
Geneseo.

Schoenbrun, Leo, Jr.,

Chicago.

Thomasson, Nelson, Jr.,

Chicago.

Todd, Leroy Levi,
Weigel, William Barton,

Milledgeville.
Plainview, Minn.

A.B., A.M., University of Chicago.
A.B., Yale University.

Ph.B .. De Pauw University.

A.B ., University of Michigan.

A.B., Harvard University. ,

A.B., A.M., St. Mary's College.
Ph.B., University of Chicago,

A.M., University of Wisconsin.

A.B., University of Chicago.
A.B., Princeton University.

FIRST YEAR STUDENTS.
(Candidates for graduation in 1904.)
Barber, Clayton Jackson,

Springfield.

Banning, Walker,
Bates, Alfred Ricker,
Bays, Alfred William,

Oak Park.
Evanston.
Enfield.

Brown, Thomas Baldwin,
Camp, Wilbur Lee,
Campbell, Herbert John,

Chicago.
Swan, Iowa.
RivePside.

Clarkson, John Joseph,

Chicago.

Clements, Louis,
Comerford, Frank Desalles,
Fischer, Henry Fred,
Follett, Otis William,

Evanston.
Chicago.
Addison.
Libertyville.

Ph.B., Illinois College,

B.S., Knox College.

A.B., University of Michigan.

Ph.B .. University of Chicago.

�THE LAW SCHOOL.
Gillam, Walter Lowrie,

Chicago,

Grover, George Oliver,
Gualano, Alberto Nicola,

Leland.
Sycamore.

Hagens, Graddus Remley,

Pella, Iowa.

Hart, Merwin Michael,
Hart, Stephen Price,
Hinckley, Francis Edward,
Johnson, Alton Francis,
Keeley, William Mort,
Kepler, Louis Howard,

Chicago.
Austin, Minn.
Evanston.
Chicago.
Washington, Iowa.
Mt. Vernon, Iowa.

Kohlsaat, Edward Christian,

Chicago.

Krueger, Nathan,
Lindhout, Dingnus Kloppenburg,
Louis, George Lionel,
Manierre, Louis,

Chicago.
Chicago Heights.
Chicago.
C!,icago.

Manning, Curtis Rockwell,

Chicago.

Mathiesen, vVilliam,
Meek, Marcellus Woltz,
Miller, Albert Grant,
McAuley, Henry Sayrs,

Chicago.
Chicago.
Chicago.
Chicago.

McCord, Downer,

Chicago.

McKinney, Marion Hayes,
Pfeifer, Louis,
Rutter, Rhea Barton,

Chicago.
Chicago.
Highland Park.

Spalding, Raymond,
Sherlock, Carl Garfield,
Smith, Claude Frederick,
Trude, Daniel Pearson,
Walsh, Richard Wilson,

Chicago.
Riverside.
Danville.
Chicago.
Chicago.

Weese, Han-y Earnest,
Welch, Robert Leslie,

H1tntington, Ind.
Chicag·o.

Wiles, Russel,

Chicago.

Wozniak, Peter,

S01t!lt Bend, Ind.

A.B., A.M., Wooster University.

Lyceum degree, Vittorio Emmanuele College,
Naples, Italy.
A.B., Central College.

Ph.B ., Cornell College.

A.B., University of Chicago.

A.B., Yale University.

A.B., University of Chicago.

A.B., Yale University.

A.B., Yale University.

:A.B., Williams College.

A.B., Yale University.

A.B., University of Chicago.

S.B., University of Chica!)"O,

�NORTHWESTERN UNIVERSITY.
SPECIAL STUDENTS.
Amory, Edwin Parkinson,
Barnes, James,
Church, Friend Lansing,
Conner, Benjamin Cohoon,
Dorr, Charles B.,
Gibons, William C.,
Harrington, Howard Woodford,
Marx, Harry S.,
Menke!, Anthony Martin,

Chicago.
Evanston.
Aledo.
Clticago.
Berwyn.
Princeton.
Watseka.
Chicago.
Chicago.

Miller, William Edwin,'

Galena, Oltio.

McClure, Robert Samuel,

Chicago.

Schrieber, Frank,
Servis, Howard H.,
Stafford, Elmore Hurst,
Stockton, Eugene Manning,
Timke, Julius,
Wright, Charles,
Yomaguchi, Shun,

Chicago.
B erwyn.
Rock Island.
Highwood.
Elm!wrst.
Chicago.
rokohama, Japan.

A.B., Williams College.

B.S., University of Chicago.
A.B., University of Chicago.

�31

THE LAW SCHOOL.
HOLDERS OF ACADEMIC DEGREES .
Colleges
Represented .

Number of
Grad ua rcs.

Beloit College ____________________________ __ ___ ______ __ ____ ___ _
Bowdoin College ____________ _____ ___________ ___ ___ ______ _____ _
Carthage College __________ _____ _____ __ ____ ____ ______ ___ __ ___ __
Central College ____________ _______ ____________________ ______ __
Columbia University ____ ____ ____ ___ _ ____ ___ _ ____ _____ __ _ ______ 1
Cornell College----- ---------------- - ----- - ----- -- ---- ---- --- - 2
De Pauw University- ·---- ----- - ---- ------------ -- -------- ---Harvard University ___________ _____ ________________ ---- - - -- - --- 5
Hedding College ___ _____ ___ __ _____ _______________ __ ___ __ __ ___ _
Illinois College ______ _____ _________________________________ ___ _
Iowa State College _____________ ___ _______________ ___ __ __ _____ _
Knox College-- ----- ----- ------------------------ - --- --------- 2
L e land Stanford, Jr., University _______________________________ _
Northwestern University ------------------ --- -- -- ------------- 4
Obe rlin College--------------- - ---- -------------- ---- --------- 1
Ohio Wesleyan University_
1
Otte rbein College _________ __________ ___ ___ _ ____ __ ____ ___ ------ I
Princeton University ________ __ _______ ______ ____ ___ ---- - - -- - --- 3
St. Mary's College __ ________________________________ ___ ________ 1
University of Chicago ____ ________________ _______ ____________ __ 17
University of Illinois - ----- --- -- ------------------------------__ _

____________ ____ _______________ _

0

~:;:;:):f ~: ::~;~~:i:-===

Upper Iowa Univ e rsity ____________________
__ __=___
____
_____
_
==== ==== ===== ======
=== =
====___
== ==
====
Vittorio Emmanuele College ( Italy )-- -- ________________ __ ___ __ _
Washburn Colleg e ____ ___ _ ___ ___________ _____ __ ______________ _
Washington and Jefferson College ___ ____________ _____ __ ______ _
Wheaton College ____ ______ ______ ____ ______________________ ___ _
Will iams College __ __________ ________ ____ ___ ___________________ 2
Wooster University _ ____ ____ ________ ________ ____ ____ ____ ___ ___ 1
Yale U n;versity __ _ ____ ____ __ __ ____ ____ ___ _ ____ __ __ ____ ____ ____ 8
Tota!_ ________ ________________________ _ ____ __ ___ ___ - -·--' __ 71
Counted twice __________ ________ __ ________________ ________ _
Tota l numbe r of co llege graduates _________________ __ ___ __-- 70
Total number of colleges represented __ _______ _____ ----- --- 31
RECAPITULATION.
R es ident Bachelors of L aw __ ____ ___ _________ _________ _ ___ _____
Third Year R eg ular Students _________________________ __ ________
Second Year Regular Students-------- ------------------ - - -- -First Yea r Regular Students _____ __ __________________________ __
Special Students ______________________ ___ ___ ____ _____ _______ - - -

II

45
52

45
18

Total _________________ ______ ____ ___________ ___ ____ -- -- - - - - 171
Holders of Aca demic Degrees----- ----------- --- - - --- - ---- ---- 70
Percentage of College Gradu ates _____ __ ______ --- --------------- 41

�ADMISSION TO THE BAR OF WISCONSIN.
Graduates of this Law School are admitted to the Bar in Wisc~nsin without exan1ination.

RULES FOR ADMISSION TO THE BAR OF
ILLINOIS.
Inquiries in regard to Admission to the Bar in Illinois should be
addressed to N. W. Branson, Secretary of the State Board of Law
Examiners, Petersburg, Ill.

The rules governing admission to the bar in Illinois provide that all applications for admission shall be made to the
Supreme Court of the State, and shall be based upon a report
of the State Board of Law Examiners; that examinations shall
be held "at Ottawa on the first Tuesday of March, at Chicago
the first Tuesday of May, at Springfield the first Tuesday of
September, and at Mt. Vernon the first Tuesday of December;
in each year"; that all applicants for admission must pass satisfactory examinations "upon the law of real and personal
property, personal rights, contracts, evidence, common law and
equity pleading, partnership, bailments, negotiable instruments, principal and agent, domestic relations, wills, corporations, equity jurisprudence, criminal law, and upon the principles" of the constitutions of the State and of the United
States, and legal ethics"; that an applicant who fails to pass
such examination shall not be admitted to a subsequent examination within six months of such failure; that each applicant
shall pay in advance a fee of ten dollars to said Board of Law
Examiners, and shall file affid-avits as to age and citizenship,
and a transcript from a court of record of Illinois showing
good moral character; that the applicant shall have a general
preliminary education equivalent to that of a graduate of a
high school in this state, and that he shall have pursued the
study of law for the period of three consecutive years of at
least thirty-six weeks in each year; and that such study shall
have been pursued in an established law school considered by
3?.

�THE LAW SCHOOL.

33

the Board to be in good standing, or under the tuition of one
or more licensed lawyers1 and that the applicant, if studying
under such tuition, has submitted to regular and satisfactory
examinations by such lawyer or lawyers during said period,
upon each subject.
All of above proof must be submitted on prescribed forms.
Rule 2 of the Board of Law Examiners, which sets forth
the required proof of academic ·e ducation, and governs the
admission of regular students to this Law School, is as follows:
"Each applicant for admission, upon examination, shall
present with his application satisfactory proof in writing that
he has had a preliminary general education equivalent to that
of a graduate of a high school in this State. A three years'
English course, consisting of Algebra, Geometry, Ancient
History, Physiology, Rhetoric, Physics, and Physical Geography, each one year; Botany and Bookkeeping, one year;
Medireval and Modern History, with special reference to
English and American History, one year; English and American Literature, one year; and Zoology and English Composition, one year, will be accepted as such equivalent.
"In _case of the omission by the applicant of any one or
more of such studies, except English and American History
and Literature, the equivalent of such omitted study or studies,
in any science, or in any classical or modern language (Latin
being especially recommended), will be accepted in lieu of
such omitted study or studies.
"The proof required by this rule that the applicant has satisfactorily pursued the said studies or their equivalents, for
the requisite periods, may be by either one or more of the
following instruments:
"1.
The diploma of any University or College in good
standing; or
"2.
The _diploma of a high school in this State, where such
diploma designates the several studies pursued and the length
of time devoted to each; or
"3. The diploma of a high school in this State, accompanied with the certificate of the principal of such school,

�34

NORTHWESTERN UNIVERSITY.

designating the several studies pursued, and the length of time
devoted to each; or
"4. The affidavit of a principal of a high school in this
State, or other high school teacher or teachers under whom
the applicant has studied ( or, in case of the death or absence
of such principal or teacher, then the affidavit of any credible
witness or witnesses having knowledge of the facts), designating the several studies pursued, the length of time devoted to
each, and as nearly as possible, the applicant's degree of proficiency in each study; or
"5. The affidavit of the principal of a high school of this
State, or of a superintendent of schools having a high school
under his supervision, showing his special examination of the
applicant for the purpose of an application for admission to
the bar, stating the date and place of examination and the
time consumed therein, and giving the true and just grade or
proficiency shown by such applicant in each study, on a scale
of 100; or
"6. The diploma of any accredited school, not in Illinois,
whose graduates are admitted on a diploma to the freshman
class of any University or College, in good standing, in the
State or country in which such school is located; such fact to
be evidenced by the certificate of the President or Secretary of
such University or College, under the corporate seal of the
institution; or
"7. The certificate of the President or Secretary of any
University or College in good standing, under the seal of the
institution, that the appli cant has been admitted to the freshman or any higher class of such institution, without conditions, or upon conditions which had since been complied with."
Rule 5, defining a law school in good standing, requires
that:

"An established law school to be considered in . good standing
must faithfully teach the several branches of law specified in Rule
39 of the Supreme Court, and must require recitations averaging ten
hours or more each week."

�ALUMNI NEWS.
OFFICERS OF THE RECENTLY FORMED BRANCHES OF
THE ALUMNI ASSOCIATION.
During the past winter the Alumni A ssociation has bee n engaged in forming local Bra nches of the A ssociation in every State
and Territory in which th e re are Alumni of the S chool, as well as in
each judicial di strict of Ulinois outside of Cook County. A Secre tary has been appointed in nearly every on e of these jurisdictionssome fifty-four in all-and with the further perfection of organization a Vice-President will al so be selected for each Branch. The
object of the form a tion of th ese Branches is to promote mutual acquaintance and helpfulne ss among those alumni who are locally
a ssociated in pra ctice. The list of offic ers sel ected up to the present
date, as furni sh e d by Charles H . Blatchford, Esq., General Secretary
of the Association, is a s follows:
Alabama

.Vice-President
William H. H . Judson,

Arizona

Fre de rick S . Nave,

California

Bessemer, Ala .

Henry B. Wilkinson,
Ph oenix, Ariz.

Tucson, Ariz.

Theodo re vV. Hubbard,
Parrott Bldg.,
San Francisco, Cal.

A. Lee Doud,

Colorado
Georgia

Ebene ze r Wake ly,

Idaho

Albert J. Green,

Indiana

S ecretary

715 Ernest &amp; Cramner Bldg.,
Denver, Colo .

Val Dos ta, Ga.

James E . Babb,

Moscow, Idaho.

L ewiston, Idaho.

Thaddeus M. Talcott, Jr.,
South Bend, Ind.

Indian Ter.

Harry Campbell,

Iowa

Ba rry Gilbert,

Kansas

Theodore H. Mor rison,

Sapulpa, I. T.

Ceda r R apids, Ia.

1604 Fairmont Ave. ,
Wichita, Kan .

•

35

�NORTHWESTERN UNIVERSITY.
Kentucky

Vice-President

Secretary
]. Clyde Nelson,

Sharpsburg, Ky,

Michigan

Henry F. Metzger,

Minnesota

Hon. Homer B. Dibell,

Missouri

Jacob A. Ha.rzfeld,

Montana

Richard A. Harlow,

Sault Ste. Marie, Mich.
Duluth, Minn.

525 New York Life Bldg.,
Kansas City, Mo.
Helena, Mont.

Nebraska

Hon. "William J. Bryan,

Alonzo P. Tarbox,

New Eng.

Hon. Sewell W. Abbott,

William F. Poole, Jr.,

Lincoln, Neb.

Bennett, Neb.

Wolfborough, N. H.

185 Franklin St.,
Boston, Mass.

Oliver L. Brown,

New Jersey

26 Telephone Bldg.,
Newark, N. J,

New Mexico John H. Stingle,

Andrew M. Adams

New York

William F. Myers,

N. Carolina

Albuquerque, N. M.

Albuquerque, N. M.

Hon. E. H. Gary,
New York City.

Amsterdam, N. Y.

James L. Curtis,
Raleigh, N. C.

N. Dakota

Edward R. Sinkler

Ohio

Joseph D. Kerr,

Oklahoma

Claud J. Bryant,

Oregon

Charles H. Glos,

Pennsylvania

Forest G. Moorhead,

S. Dakota

John F. Whitlock,

Texas

Edward

Utah

Robert N. Freeman,

Virginia

Clare E. Crawford,

vVashington

Francis W. Coler,

Grafton, N. D.

Hicksville, Ohio.
Lawton, Okla.

218 Chamber of Commerce,
Portland, Ore,
Beaver, Penn.

Forest City, S. Dak.

Vv.

Hander,

Waco, Texas.

Salt Lake City, Utah.
Elmont Va.

Bailey Bldg.,
Seattle, Wash •

•

�THE LAW SCHOOL.
Wisconsin

Vice-Presideut

S ecretary
John K . Fish,

Old Insurance Bldg.,
Milwaukee, Wis.

Wyoming

Charl es F. Mall in

Dist. of Col.

Phillip E . Winter,

Hawaii

Carl S. Smith,

Mexico
Switzerlan d

37

Cheyenne, Wyo.

814 "A, " South E ast,
Washington, D. C.

Hon. Wm. A . McLaren,
1 A Independencia 36
Mexico City, Mex.

Hilo, H. I.

Joseph S. Kennard,

Lausanne, Switzerland.

BRANCHES IN JU DICIAL DISTRICTS IN ILLINOIS.
JUD.

DI ST .

NO.
2,

3.
4·
5.
6.
7.

S ecreta,·ies.
Aaron J. Gould,
Hon. Wilbur M. Warnock,
Cha rles H. Holt,
Frank C. Van Sellar,
Thomas N. Cofer,
John A. Barber,

8. John D. Gray,
9. Conrad G . Gumbart,
IO,
Frank S. Fulton,
II.

1'2,

William L. McMa han,
Charles B. Campbell,

13. Wellin g t o n H. Shay,
14. William J . Sweeney,
15. S olon W . Crowell,
16. \\' illiam M. Mercer,
17. John E. Goembel,

Address.
Bone Gap, III.
Edwardsville, Ill.
Salem, Ill.
Paris, Ill.
Charleston, III.
Farmers' Nat') Bank Bldg.,
Springfield, III.
Ha van a, Ill.
Macomb, Ill.
419 Observatory Bldg.,
Peoria, Ill.
Lincoln, III.
27 Arcade Bldg.,
Kankakee, III.
Streator, Ill.
Rock !bland, Ill.
Oregon, Ill.
337 Coulter Blk.,
Aurora, Ill.
502 E. State St.,
Rockfo rd, Ill.

�NORTHWESTERN UNIVERSITY.

MEETINGS ANNOUNCED FOR MAY AND JUNE.
I, ANNUAL BANQUET OF THE ASSOCIATION. The Annual Ban quet of the Alumni Association will take place on Thursday, June
12th, at 6 P.M., at the University Club, Dearborn St., Chicago. The
President of the Association, Frank Orren Lowden, Esq., will pre·
side. Officers for the ensuing year will be elected. All former
members of the School are invited to be present; and a large attend·
ance is expected. A special notice will be sent out to all Alumni
in the last week in May, stating the programme in detail.
2. RECEPTION TO PROFESSOR HURD. As a mark of respect and
affection for Professor Harvey B. Hurd, a reception will be tendered
io him by the students of the school at the University Club, Chicago,
at 8 P.M. on Friday, May 23. Professo r Hurd, at his own urgent reque st, retires from active work in the School at the close of this
year, forty years from the date of his first appointment to the
Faculty, and becomes Professor Emeritus. The programme of the
evening takes the form of a Smoke-Talk. The guest of honor recounts some of his experiences in the School and in the Legislature.
It is expected also that short addresses will be made by Dr. Nathan
S. Davis, Sr., formerly lecturer on Medical Juri sp rudence in the
School, relating reminiscences of Hon. Stephen A. Douglas in the
old Tremont House; and by Fernando Jone s, Esq., relating his recollections of President Lincoln at the old Tremont House. It is
desired in this way to revive the historic associations connected
with the site in which hereafter the Law ;:,chool will have its home.
The evening will close with song and story. All alumni are invited
to be present.
3. COMMENCEMENT. The Commencement Exercises of the
University, including the School of Law, will take place at the
Auditorium Theatre, Chicago, on Thursday evening,June 19th. All
alumni are invited to be present.

�THE LAW SCHOOL.

39

RECENT ACTION OF THE BOARD OF TRUSTEES
ENLARGING THE FACULTY AND INCREASING
THE SCHOOL LIBRARY AND EQUIPMENT.
In June, 1901, the Board of Trustees acquired the land at the
southeast corner of Dearborn and Lake streets, together with the
building thereon, known as the Trement House, and proceeded to
remodel it entirely, for University uses. In April, 1902, in view of
the ample opportunities for enlargement afforded to the Law School
in these new quarters (which are described in detail elsewhere in this
BULLETIN), the Board voted to provide in the most ample manner
for the support and equipment of the School.
First, the sum of $10,000 (the income of a quarter of a million of
dollars) was added to the annual income of the School. The result
of this is to enable the School hereafter to maintain, as the nucleus
of its Faculty, a staff of six professors, giving the whole or the substance of their time to the work of research and instruction. With
these will be associated as many more experienced members of the
bar, in charge of those subject which directly involve drill and training in methods of practice. Besides these, a number of lecturers
will deliver courses upon special topics. While thus increasing the
School's facilities and requirements for scholarly and scientific study
and research, its work will be greatly strengthened in all that pertains
to practical skill in the use of legal knowledge. The variety and
value of the training hereafter to be offered in such subjects as conveyancing, pleading and procedure, trial practice, and the like, may
be gathered from the outline of courses announced on page 13
in this number of the BULLETIN. It may be said that the School's
facilities in this department of work will now be unexcelled.
Secondly, the Board appropriated the sum of $10,000 for the immediate increase of the Library of the School. This will enable it
to complete its collection of the reports and statutes of the various
American states and territories, and to add plentifully to its collection of standard text-books and other sources. With this working
library, and the privilege of using the 45,000 volumes of the Chicago
Law Institute Library for special research, the amplest facilities for
scholarly work in English and American law are now available to
all its students.
Thirdly, the Board guaranteed the completion of the Equipment
Fund for the new quarters; and out of this fund abundant provision
is being made to prepare those quarters to accommodate adequately
the enlarged work of the School. A description of them will be
found on page 41 of this number of the BULLETIN.

�NORTHWESTERN UNIVERSITY.

DESCRIPTION OF THE NEW QUARTERS.
In September, 1902, the School will be removed to the Northwestern University Building (formerly the Tremont House), on the southeast corner of Dearborn and Lake streets. The property was recently acquired by the University at a cost of $500,000, and will be
remodeled at a cost of $150,000. The Law School will occupy th&lt;!
entire third floor, containing a floor space of some 23,ooosquare feet,
or more than seven times as much as at present. The quarters will
be commodious and handsomely equipped, and will include two lecture-rooms, a court-room, an alumni room, a students' assembly room,
several private studies for the school law clubs and similar purposes,
besides a set of 200 lockers and the usual office rooms and professors'
rooms, as well as a library and reading-room occupying 5,000 square
feet in floor space. The students' assembly-room will be spacious
and well equipped as a place for rest and conversation, the intention
being to make the apartments as comfortable and attractive as possible for those students who have no home accommodations in Chicago. The equipment of this room will provide ample opportunities
for mutual acquaintance, and will strengthen the spirit of scholarly
• and professional fellowship. The Library reading-room will accommodate at its tables 450 students. The half-dozen private study-rooms
will facilitate the private work of groups or clubs. The court-room,
equipped with all the usual furnishings, will enable the practicecourt work to be effectively carried on. The spacious locker facilities will enable the students to make the School a convenient abiding-place throughout the day and evening. The alumni room will
serve to make the School a headquarters for visiting alumni, and to
centralize the influence of the School among the resident alumni of
the city. In short, the removal to the new quarters on September
1, 1902, will be the signal for a great advance in the usefulness of the
School in all directions, and will mark a new epoch in its important
function as an early pioneer and a modern leader in legal education
in the West.

�THE LAW SCHOOL.

41

BIOGRAPHICAL SKETCHES OF RECENT
APPOINTEES TO THE FACULTY.
Of the Faculty appointments designed to strengthen the work
of the School in providing training for practical skill in the use of
legal knowledge, the following have thus far been mad e:
Louis MAY GREELEY, Professor in the Law of Conveyancing,
is a native of Chicago; was prepared for college in the schools of that
city; graduated from Harvard College in 188o; attended the Law
Sc hool of Harvard University for two years; was admitted to the
bar in Chicago in 1884; and has been since that date engaged there in
practice, particularly in connection with real estate titles. He has
published articles on "The Privilege of Witnesses in Federal
Courts," "Conditional Estates in Fee-Simple," and other topics.
WILLIAM MEADE FLETCHER, Professor in the Law of Equity
Pleading and Practice, is a native of Rappahannock Co., Virginia;
received his schooling at the Episcopal High School near Alexandria; attended a course of liberal study in the University of Virginia,
and in 1890 received from that University the degree of LL.B., and
was admitted to the bar. After five years of practice in Montana
and Colorado, he came to Chicago, and in 1895 entered into partnership with Hon. Loren Cone Collins. He has published essays on
"State Lands," "Taxation of Franchises," "Equity," and other subjects; and has lectured on Equity Jurisprudence, Pleading, and
Practice.
LEVI HARPER FULLER, Professor in the Law of Practice, is a
native of Iowa, graduating from Upper Iowa University in 189(),
with the degree of B.S., and from Iowa State University in 1892,
with the degree of LL.B. Since 1893, he has practiced in Chicago;
and has also had several years' experience as a lecturer on the law
of Corporations and as professor in charge of a Practice Court.
JoHN HENRY SHELDON LEE, Asidstant Professor in the Law of
Crimes and Criminal Procedure, is a native of Kansas; graduated
from Harvard College in 1896, with the degree of A.B., and from the
Law School of Northwestern University in 1898, with the degree of
LL.B.; and since January, 1901, has been Assistant State's Attorney
for Cook County.

�42

NORTHWESTERN UNIVERSITY.

BIOGRAPHICAL SKETCH OF PROFESSOR HURD.
HARVEY BOSTWICK HURD, Professor in the Law of Crimes and
of Equity Pleading, who at the close of the present year will retire
from active work and become Professor Emeritus, was born in
Huntington, Connecticut, in 1828. In 1846 he came to Chicago, and
in 1848 was admitted to the bar. From 1860 to 1868 he was associated in practice with the Hon. Henry Booth, first Dean of the School;
and in 1862 was appointed Professor of Law. In 1869 he was appointed on a commission of three to compile and rewrite the statutes
of Illinois, and circumstances threw upon him alone the greater part
of the work. In 1874 the revision was adopted, and Mr. Hurd was
appointed editor of the completed volume. He has since published
thirteen unofficial ~ditions; and the official volume of 1874 now
stands alone in the jurisdictions of this country, as that which has
longest remained without official recasting. Three other legislative
enactments exhibit the wide range of Professor Hurd's activity and
the importance of his influence on the affairs of this State. He
originated the plan of creating a municipality distinct from the olty
of Chicago, by which means alone it became possible to construct
the great Drainage Canal between Lake Michigan and the Mississippi River. He was also placed at the head of the Commission to
report upon the Torrens system of Registration of Land Titles; the
statute recommended by that Commission was drafted by .him, was
then adopted by the Legislature, and was afterward successfully defended by him in argument before the Supreme Court of the State.
Professor Hurd has also interested himself actively on behalf of the
rescue of juvenile offenders; the recent beneficent statute creating a
Juvenile Court was drafted by him, and has since been adopted in
Pennsylvania almost verbatim, and in other States in its substance.
In 1898 the honorary degree of Doctor of Laws was bestowed on
him by Northwestern University.
After forty years of almost uninterrupted work in the School,
and of more than fifty years of ceaseless and invaluable activity in
legislation and at the bar he now claims the privilege of retirement.
But he will retain the earnest respect and affection of his colleagues
in the School, of his hundreds of disciples in this and past years, and
of his thousands of associates at the bar. His career as legislator,
practitioner, and professor has been unique in the history of the
State. This brief sketch does but scanty justice to his varied labors
and achievements.

�THE LAW SCHOOL.

43

HISTORICAL SUMMARY.
In 1859, the Hon. Thomas Hoyne gave five thousand dollars to
establish a law school for the old University of Chicago, and thus
became entitled to remembrance as the founder of the fourth law
school west of the Alleghanies. Two generations of his descendants
have since graduated at the School he founded. The Hon. Henry
Booth, LL.D ., was called to be the first Professor and Dean of the
School, and served continuously for more than thirty years, until
his retirement as Dean Emeritus in 1892. In 1862 the Hon. Harvf'y
Bostwick Hurd, LL.D., became professor in the School, and after an
almost continuous service of forty years, remains still a member of
the Faculty.
Though thus distinctly continuous in its work and history, the
organic relations of the School passed through several stages. In
1873, it came under the joint control of Northwestern University,
and became thereafter known as the Union Coll ege of Law. In 1886
the University of Chicago ceased to have active existence; and in
1891 the College of Law was formally constituted a department of
Northwestern University.
Throughout these forty-three years of e xistence the School has
played an important part in legal education in Chicago and in the
West. The most noted names of lega l history in Illinois have been
associated with its Board of Trustees and its Faculty. Among the
judges who have served on its Board were Thomas Drummond,
Mark Skinner, Hugh Dickey, George Manierre, Grant Goodrich,
Henry G. Miller, Corydon Beckwith, Oliver Horton, and many
others.
Among the jurists who have served on its Faculty
may be named the Hon. John M. Wilson, judge of the Superior
Court, a ripe scholar and an eloquent orator; the Hon. Lyman Trumbull, justice of the Supreme Court, and United States Senator; and
James L. High, Esq., the eminent legal author; and others. More
than one-fourth of the members of the Ct-iicago bar have rece iv ed
their legal training in the School, and nea rly the same proportion of
the members of the Illinois bar outside of Chicago.
Its alumni are settled in thirty-five States and Territories, from
New York to California, and in three foreign countries, and in each
of these jurisdictions a branch of the Alumni Association exists.
The president of the Association is now Frank 0. Lowden, Esq., of
Chicago.
In 1892 steps were taken to improve its methods and bring them
into harmony with advanced ideas. Since that time the School has

�44

NORTHWESTERN UNIVERSITY,

taken the lead in the West in enforcing the best standards of modern
legal education. In the enlargement of the curriculum, the extension of the required period of study to three years, the intrcduction
of case-study, and the exaction of thorough work, the School has
been a pioneer and a leader of this generation in the West.

�HON. THOMAS I-J OYNE,

Founder of the School.

�HON. HENRY BOOTH, LL.D.,
First D ean of the School.

�!·I ON. HARVEY B. H URD, LL.D .,

Se ni or Pro fessor.

�FRANK 0 . LOWDE N, ESQ.,
President o f th e Alumni A ssoc iation.

���</text>
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                <text>SERIES   BULLETIN NUMBER NORTHWESTERN UNIVERSITY EVANSTON CHICAGO  SCHOOL OF LAW (UNION COLLEGE OF LAW) NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS  CHICAGO MEMBER OF ASSOCIATION OF AMERICAN LAW SCHOOLS PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY MAY      '  (lQQi L   .N .   .OA' "HWC RNVti!!Vl '!  IITl'   W       NORTHWESTERN UNIVEI SITY LAW SCHOOL  STREET VIEW. ROSTRUM   N LECTURE   ROOM. CORNEK   N FACULTY ROOM THE NORTH CORRIDOR. · WEST AISLE IN LIBRARY. CORNEK   N THE STUDENTS' ASSEMBLY ROO  . COURT ROOM. QUARTERLY BULLETIN SCHOOL OF OF LAW. CONTENTS OF No.    MAY      . THE PAGE FRONTISPIECE  FLOOR PLAN OF THE NEW QUARTERS     VIEW OF UNIVERSITY BUILDING IN CHICAGO         VIEWS OF ROOMS IN THE NEW QUARTERS           CALENDAR OF SESSIONS FOR                   PROSPECTUS OF THE BULLETIN FOR                            LI ST OF FACULTY APPOINTMENTS FOR THE PAST YEAR        CHRONICLE OF LECTURE COURSES GIVEN DURING THE PAST YEAR                                                                  ANNOUNCEMENT OF NEW COURSES IN PRACTICE FOR THE YEAR                                                                       LIST OF STUDENTS ENROLLED DURING THE PAST YEAR        RULES FOR ADMISSION TO THE BAR OF ILLINOIS          ALUMNI NEws Officers               Alumni Association                                                            Meetings   ·        Annual Banquet     Alumni Association      Reception   Professor Hurd          Commencement Exercises        Recent       Board   Trustees      Faculty School Library   Equipment         Description     New Quarters        Biographical Sketches     Appointees     Faculty      Biographical Sketch   Professor Hurd      Historical Summary                         "                  Portraits     Founder     School    First Dean Senior Professor      President     A   Association                                                      CALENDAR.     .                Registration Day   New Students. Registration Day   Applicants Advanced Standing.          Registration Day     Students.                             .                                                .             Lectures Begin. T   Recess. Lectures     Christmas Re  . Christmas Recess Ends  Lectures . Lectures Close. Examinations Begin. First Semester Ends. Second Semester Begins. Lincoln'  Birthday. Lectures Close. Examinations Begin. Commencement.    PROSPECTUS OF THE QUARTERLY BULLETIN FOR          . BULLETIN     Law School    School'   .   No.                      Table   Contents. No.            A       Annual Banquet Alumni Association                   Commencement Day            Graduating Class  Faculty                      . No.            A   Alumni Association  . No.            A School   .                   . Every       Alumni Association BULLETIN. .   LIST OF MEMBERS OF THE FACULTY DURING THE YEAR          .*  DANIEL BONBRIGHT  LL.D. Acting President     University. EDMUND JANES JAMES  PH.D. President    " University (           ). JOHN HENRY WIGMORE (A.M.  Harvard University  LL.B.  Harvard University) Prefessor   Law   Dean     Faculty. HAR VEY BOSTWICK HURD (LL.D.  Northwestern University) Prefessor   Law. EDWARD AVERY HARRIMAN (A.B.  Harvard University  LL.B.  Boston University) Prefessor   Law. BLEWETT LEE (A. M.  Harvard University  LL.B.  Harvard University) Professor   Law. EDWIN BURRITT SMITH (A.M.  Oberlin University  LL.M.  Yale University) Prefessor   Law. JULIAN WILLIAM MACK (LL.B.  Harvard University) Prefessor   Law. HON. NATHANIEL CLINTON SEARS (A.M.  Amherst College  LL.D.  Northwestern University  Judge     Appel· Court  First District   Illinois) Professor   Law. CHARLES CHENEY HYDE (A.M.  Yale University  LL.B.  Harvard University) Assistant Prefessor   Law. ALBERT MARTIN KALES (A.B.  Harvard University  LL.B.  Harvard University) Assistant Professor  / Law * Arranged                   President   Dean . IO THE LAW SCHOOL. SAMUEL ADAMS (A.B.  Harvard University  LL.B.  Northwestern University) Professor   Law. CHARLES GEORGE LITTLE (A.B.  Amherst College  LL.B.  Northwestern University) Assistant Professor   Law. HENRY SCHOFIELD  (A.M.  Harvard University  LL.B.  Harvard University  · Assistant Corporation Counsel     City   Chicago) Instructor   Law. LESTER LE GRAND BOND Lecturer   Trade Mark   Copyright. HON. PETER STENGER GROSSCUP (A M.  Wittenberg College  LL.B.  Boston University  LL.D.  Knox   Wittenberg Colleges   Judge     United States Circuit Court   Appeals) Lecturer   International Law. LOUIS LEE DENT (A.B.  Harvard University) Lecturer   Practice. ROBERT CLOWRY CHAPMAN (LL.B.  University   Michigan) Lecturer   Telephone   Telegraph Companies. CHARLES CLARENCE LINTHICUM (LL.B.  Northwestern University) Lecturer   Patents. CHARLES BYRD ELDER (LL.B.  Northwestern University) Lecturer   Extraordinary Legal Remedies. MITCHELL DA VIS FOLLANSBEE (A.B.  Harvard University  LL.B.  Northwestern University) Lecturer   Legal Ethics. FREDERIC BEERS CROSSLEY (LL.B.  Northwestern University) Secretary     Law School NORTHWESTERN UNIVERSITY LAW SCHOOL. CHICAGO. REQUIREMENTS FOR ADMISSION. Persons  . Age. They                  . . Preliminary Education. A                .                      .  . Time   Entrance. No     . Those   . All .  Illinois. ADVANCED STANDING.  "Degrees "       . SPECIAL STUDENTS. Persons  . They   . No  Dean.    THE LAW SCHOOL. COURSES OF INSTRUCTION.                                      . FIRST YEAR CLASS. FIRST TERM. Contracts Three      . Keener'  Cases   Contracts. Harriman   Contracts. Mr. HYDE. Torts Two      . Ames'   Smith'  Cases   Torts. Professor WIGM   RE Property ( ) (Including Personal Property) Two Gray'  Cases   Property  Vols.    II. Mr. KALES. Common Law Pleading   Procedure One       Andrews Stephen   Pleading        Ames' Cases   Pleading. Professor ADAMS. Criminal Law Two      . Clark   Marshall Criminal Law. Professor HURD. SECOND TERM. Contracts ( ) Three      . Mr. HYDE. Torts (continuedJ Two      . Professor WrGMORE. Property(/} ( ) Two      . Mr. KALES. Common Law Pleading   Procedure ( ) Two . Professor ADAMS. Master   Servant   Tort One      . Wambaugh' Cases   Agency. Professor WIGMORE. SECOND YEAR CLASS. FIRST TERM. E     Two      . Thayer'  Cases   Evidence     . Professor WIGMORE. Trusts Two      . Ames' Cases   Trusts. Professor MACK. Agency Two      . Wambaugh'  Cases   Agency. Professor HARRIMAN. Commei·  Paper Two      . Huffcut   Negotiable Instruments. Professor MACK. (Omitted                   .) Equity (/) Torts. Three      . Keener'  Cases Equity   Vol.  . Mr. SCHOFIELD.    NORTHWESTERN UNIVERSITY. Property (II) Two      . . Gray'  Cases   Property  Vol. V. Tiedeman   Real Prop Professor SMITH. Eqttity Pleading Two      . . Shipman   Equity Plead Professor HURD. Sales Two      . Williston'  Cases   Sales. Professor MACK. (Given                  .) SECOND TERM. Evidence ( ) Two      . Professor WIGMORE. Trusts ( ) Two      . Professor MACK. Comme    Paper ( ) Two      . Professor MACK. (Omitted                  .) Property ( ) ( ) One      . Professor SMITH. Sales ( ) One      . Professor MACK. (Given                  .) Wills   Admbtistration One      . Bigelow   Wills. Professor SMITH. Equity (II) Specifie Performance. Three      . Keener'  Cases   Equity  Vol. II. Mr. SCHOFIELD. (Omitted                  .) Equity (III) Contracts. Three      . Keener'  Cases Equity  Vol. III. Mr. SCHOFIELD. (Given                  .) Bankruptcy One      . Professor MACK. Persons   Domestic Relations One      . Professor \.VIGMORE. (Given                  .)    Contracts Three      . Keener'  Cases   Quasi Contracts. Professor WIGMORE. (Given                  .) Bailments   Carriers Three      . McClain'  Cases Carriers  Beale'  Cases   Carriers. Professor WIGMORE. (Omitted                  .) Telegraph   Telephone Companies One . Mr. CHAPMAN. Extraordinary Legal Remedies One      . Mr. ELDER. 'FHE LAW SCHOOL. THIRD YEAR CLASS. FIRST TERM. Corporations Two      . Smith'  Cases   Corporations. Professor ADAMS. Practice (           .) Two      . Judge SEARS. International Law ( ) Two      . Snow'  Cases International Law. Professor WIGMORE. Suretyskip One      . Ames' Cases   Suretyship. Professor ADAMS Jurisdiction   Federal Courts One      . Curtis United States Courts. Professor ADAMS Conveyancing One      . Gray'  Cases   Property Vol. III                        . International Law (II) On· Diplomacy         . SECOND TERM Professor SMITH. American Treaties Mr. HYDE. Partnerskip T        . Ames' Cases   Partnership Mr. LITTLE. Practice ( ) Two      . Judge SEARS. Conveyancing ( ) One      . Professor SMITH    Corporations ( ) Two      . Professor ADAMS International Law (II) ( ) One      . Constitutional Domain.) Three Law  Vol.  . Mr. HYDE. Law ( ) (  General  Police Power  Eminent . Thayer'  Cases   Constitutional Mr. SCHOFIELD. (Omitted                  .) Constitutional Law (II) (Taxation  Contracts  Commerce  War .) Three      . Thayer'  Cases   Constitutional Law Vol. II. Mr. SCHOFIELD (Given                   .) Constitutional Law . No        ½ Secretary      secondNORTHWESTERN UNIVERSITY.  Constitutional Law      . COURSES OF LECTURES NOT COUNTED TOW ARD A DEGREE. Trade Marks   Copyrights Six  . Patents Three      . General Review Thirty    . Legal Ethics Four  . Mr. BOND. Mr. LINTHICUM. Mr. DENT. Mr. FOLLANSBEE. SPECIAL TRAINING IN LEGAL WRITING  SPEAKING AND PRACTICE.     . . Thesis.             Faculty . Any   Faculty     ISt.      .   Lee         .    .  . Moot Courts   Briefs.  Moot Courts   . Each  . Application     .               Moot Court  .  . Practice Court.                Practice Court  .     Court  THE LAW SCHOOL.   Court .           Court .  . Practical Work   Clients.                School    Legal Aid Bureau.   Bureau Bar .      . School . Its  Chicago .    .  . Public Speaking.   . Such                      ·     ( ) Argument   Debate. An  Professor J. SCOTT CLARK     College Liberal Arts. ( ) Voice Training. An  Faculty     Cumnock School Oratory. ( ) Parliamentary Practice  An Professor JOSEPH W. ROBERT      Robert School   Parliamentary Law. Public Speaking    .   Towle              .  . Special Addresses   Legal Practice.              Bar NORTHWESTERN UNIVERSITY.  . These  Eminent Domain  Personal Injuries  Municipal Ordinances Justices' Courts  Special Assessments  Criminal Courts  Corporate Organization Insurance Policies  Chattel Mortgage Foreclosures  Juries Making Up   Trial Record   .   .  . Special Addresses   Commercial Methods.              ·      Chicago .     .   Board   Trade  Banks  Railroads  Stock Exchange  Insurance  Wholesalers   Jobbers ( )  Exporters   Importers  Real Estate Loans   .   . SYSTEM OF STUDY AND INSTRUCTION . .  . ' '   .      .  Law School.    . Many          ' THE LAW SCHOOL. School     Bar .                ' Legal Aid Bureau   Practice Court '   . School  .  $    $   . LIBRARY FACILITIES. School'    Library            . ( )              ( ) English           ( ) C&lt; lUrse            English Reports  ( ) National Reporters Supreme Courts     States   Territories ( )   Official Reports     Courts   Illinois United States        States . By Sept.               American  . Bllt Chicago Law Institute        County Building School  . Each Library.        . Students Chicago Public Library    NORTHWESTERN UNIVERSITY. School     '         Crerar Library      ·           Newberry Library           . PRIZES. .   Towle Prize A                Henry S. Towle  Esq.  Chairman     Law School Committee Board   Trustees .  .   Lee Prize A                Blewett Lee  Esq.          School                    Faculty .  .   Callaghan Prize A Messrs. Callaghan . Company    Chicago . .        Callaghan Prize       Arthur Thomas Galt  A. B.    Chicago. DEGREES. All             University Commencement. On Oxford . . BACHELOR OF LAWS. Bachelor   Laws Trustees     University Faculty     School. Such Faculty  . Attendance Regular   . Students ' . THE LAW SCHOOL.      . Students            ' .  . Students            '  '  Dean. II. R   Candidates . III. Course   Study  All              ·  . '  . Persons                '   Dean  Secretary          . Four            . A     B     C     D   . A C A  C School    . II. MASTER'S DEGR E E. Master'      Arts  Philosophy  Science   Letters  A       College   Liberal Arts     University  Bachelor'      Arts  Philosophy  Science   Letters  University        Master' Bachelor   Laws      · Faculty   Liberal Arts Faculty  .    NORTHWESTERN UNIVERSITY.   ( )          ( ) Bachelor   Laws  ( ) Faculty     Law School. Students Master'                  College Liberal Arts       Law School       . Master' Law School           . Faculty Liberal Arts Master'     Constitutional Law  International Law Administrative Law  Roman Law  Jurisprudence  Legal History. GRADUATE WORK. School Bachelor   Laws  University  .   School • .  . ( ) Constitutional Law. ( ) International Law  . ( ) Practice  Illinois  . ( ) Conveyancing . ( ) General Review A examinaTHE LAW SCHOOL. Illinois. .  . ( ) Original Research   Faculty . Special Faculty . FEES. These                      ' School.  .                     . A      . .  . Fees . . · A  Public Speaking .  . All .  . Students .  . A School.  . A Bachelor   Laws.                        .  . No School              .  . Students   . / NORTHWESTERN UNIVER S ITY.  . No   . . . . Any  . A "'               School  . . Students         School Secretary. Upon Secretary  . • EXPENSES OF LIVING. School          '  . Information School.  School. LOW. AVERAGE. Tuition               $ Board (    )              Room                   Washing         Text     Stationery     $    ASSISTANCE TO STUDENTS. $              $    LIBE RAL. $               $    Five              . These . Applications Secretary     Law School. LIST OF STUDENTS ENROLLED DURING THE YEAR          . RESIDENT BACHELORS OF LAW. Burr  James Henry  St. Charles. LL.B.  Northern Illinois College   Law. Childs  Lester Coffeen  Hinsdale. A.B.  Beloit College  LL.B.  Northwestern University. Green  Everett PaPish  Chicago. LL.B.  Chicago Law School. Hurlbut  Harry Rogers  Chicago. A.B.  University   Michigan  L.L.B.  Northwestern University. Jacobsen  John U.  Jr.  Chicago. LL.B.  Kent College   Law. Koepke  Charles Albert  Chicago. LL.B.  Northwestern University Langan  John Frederick  Chicago. LL.B.  Chicago College   Law. Lewis  Arthur Gardner  Chicago. A.B.  Harvard University  LL.B.  Harvard University. Miller  George Haven  Evanston. LL.B.  Northwestern University. Pearsons  Harry Putnam  E • . A.B.  Northwestern University  LLB.  Northwestern University. Potter  Edwin LL.B.  University   Michigan. THIRD YEAR STUDENTS. (Candidates     ·        .) Adcock  Edmund David A.B.  Knox College. Anderson  William France A.B.  University   Chicago. Ashton  Edgar Lowell A.B.  Ohio Wesleyan University. Buntain  Cassius M. Clay A.B.  Northwestern University. Cermak  Jerome Jeremiah Cleveland  Frank Clayton Ph.B.  University   Chicago. Davis  Abel Dickinson  William Reynolds A.B.  Harvard University. Dietz  Godlove Orth    Galesburg. Chicago. Blanchester  Ohio. Momence. Chicago. Chicago. Chicago. Chicago. Gilman.    NORTHWESTERN UNIVERSITY. Falter  Frederick William Fischer  Edgar Bernhardt Frank  Charles Sigmund Freeman  Charles Yoe A.B.  Princeton University Green  Charles Henry Hadley  Charles William B.L.  Wheaton College. Haight  George B.L.  University   Wisconsin. Hess  Carl Hollock  Roland Martin Holste    Fred A.B.  University   Chicago. Honegger  Peter Gottlieb Hoy  Eugene Richard Jeffreys  Ivor A.B.  Oberlin College. Knowlton  Clarence Elliot Lowrie  Alfred Richard A.B.  Yale University. Margolis  Bernard Mauzy  Amon McDonald  John Peter McNulta  Donald Moore  Edward Coleman A.B.  Yale University. Oppenheim  Sidney Pines  George Sergius Reed  Clark Scammon Bh.B.  University   Chicago. Robinson Warner Hunt Rogers  Roy Leon Smiley  Edmund Pillsbury A.B.  Yale University. Thomson  Charles Marsh A.B.  Washington   Jefferson College. Thomsen     Colditz  Sandor Tompkins  Alfred Foote Topliff  Samuel A.B.  Bowdoin College. Turnell  Charles Allen Tyrrell  Pierce Crawford Weinfeld  Charles Witter  James Franklin A.B.  A.M.  Hedding College. Weston  Herbert Mantor Ph.B.  University   Chicago. Zabel  Max William B.S.  University   Wisconsin. .. Chicago. Addison. Chicago. Evanston. Wheaton. Rockdale  Wis. Chicago. Maco    . Palatine. Chicago. Chicago. Rochester  Minn. Elgin. Chicago. Chicago. Chicago. Moline. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Oak Park. Evanston. Kankakee. Elgin. Chicago. Ca    . Chicago. Milwankee  Wis. THE LAW SCHOOL. SECOND YEAR STUDENTS. (Candidates           .) Baird  James Arthur A.B .. Carthage College. Block  Manfred Sickle B.L.  University   Wisconsin. Campbell  Hilary Erskine Carrott  Matthew Finlay A.B.  Princeton University. Crilly  Oliver Daniel A.B.  Harvard University. Clark John Woodbury Crosby  Emery William Daly  Charles Lawrence Devine  John Deering  Thomas Gardiner Dietz  Cyrus Edgar Dunbar  David Owen B.S.  Cornell College  A.B.  Columbia University. Eberhardt  Alfar Maximilian Eschbach Jesse Ernes  Ph.B.  Otterbein College. Ewing  Joseph Chalmers A.B.  University   Chicago. Fleming  William B.S.  Upper Iowa University. Frank  Lee Julius A.B.  University   Chicago Guthman  Roy Headen  Thomas Moulton B.S.  University   Illinois. Hicks  Aeden Rhodes A.B.  Leland Stanford  Jr.  University. Johnson  Charles Christian Kay  Fred Hans Kahn  Julius Maurice A.B.  Northwestern University. Keating  James William Keep  Albert     Knapp  William Proctor Ph.B.  Iowa College. Kropf  Victor Gustav A.B.  Washburn College. Kidder  Royce Annan Kompel  Morris B.L.  Northwestern University. Lee  Curtis Gilmore     Elias A.B.  Harvard University. Carthage. Platteville  Wis. Chicago.   . Chicago. Paw Paw. Chicago. Chicago. Chicago. Gilman Center Point  Ia. C! . Warsaw  Ind. Chicago. Sabula  Ia. Chicago. Ohio. Shelbyville. Chicago. Chicago. Chicago P  . Chicago. Chicago. Clticago. Chicago. Sterling. Clzicago. Chicago. Chicago.    NORTHWESTERN UNIVERSITY. Mergentheim  Morton Adolph A.B.  A.M.  University   Chicago. Mills  Matthew A.B.  Yale University. Murphy  Edward James Mudge  Dick Howard McClure  V. K. Everett Ph.B .. De Pauw University. Matthews  Jacob Scott A.B.  University   Michigan. Niles  John Addison Odell  Benjamin Franklin Jefferson Peckham  John Judah A.B.  Harvard University. Proctor  Harold Peres Quinlan  Thomas Ambrose A.B.  A.M.  St. Mary'  College. Rogers  Rowland Thumm Ph.B.  University   Chicago Rosenberg  Hyman Rose  Charles George Schafer  Frank Boesher Swigert  Harry Amos Shaw  Joseph Lawrence A.M.  University   Wisconsin. Schoenbrun  Leo  Jr. A.B.  University   Chicago. Thomasson  Nelson  Jr. A.B.  Princeton University. Todd  Leroy Levi Weigel  William Barton Chicag· . Chicago. Evanston. Edwardsville. Cloverdale  Ind. Chicago. Chicago. Chicago. Geneva. Veroqua. Chicago. Chicago. Chicago. Chicago. El Paso. Council Bluffs  Ia. Geneseo. Chicago. Chicago. Milledgeville. Plainview  Minn. FIRST YEAR STUDENTS. (Candidates           .) Barber  Clayton Jackson  Springfield. Ph.B.  Illinois College Banning  Walker Bates  Alfred Ricker Bays  Alfred William B.S.  Knox College. Brown  Thomas Baldwin Camp  Wilbur Lee Campbell  Herbert John A.B.  University   Michigan. Clarkson  John Joseph Ph.B .. University   Chicago. Clements  Louis Comerford  Frank Desalles Fischer  Henry Fred Follett  Otis William Oak Park. Evanston. Enfield. Chicago. Swan  Iowa. RivePside. Chicago. Evanston. Chicago. Addison. Libertyville. THE LAW SCHOOL. Gillam  Walter Lowrie A.B.  A.M.  Wooster University. Grover  George Oliver Gualano  Alberto Nicola Lyceum    Vittorio Emmanuele College Naples  Italy. Hagens  Graddus Remley A.B.  Central College. Hart  Merwin Michael Hart  Stephen Price Hinckley  Francis Edward Johnson  Alton Francis Keeley  William Mort Kepler  Louis Howard Ph.B.  Cornell College. Kohlsaat  Edward Christian A.B.  University   Chicago. Krueger  Nathan Lindhout  Dingnus Kloppenburg Louis  George Lionel Manierre  Louis A.B.  Yale University. Manning  Curtis Rockwell A.B.  University   Chicago. Mathiesen  vVilliam Meek  Marcellus Woltz Miller  Albert Grant McAuley  Henry Sayrs A.B.  Yale University. McCord  Downer A.B.  Yale University. McKinney  Marion Hayes Pfeifer  Louis Rutter  Rhea Barton A.B.  Williams College. Spalding  Raymond Sherlock  Carl Garfield Smith  Claude Frederick Trude  Daniel Pearson Walsh  Richard Wilson A.B.  Yale University. Weese  Han   Earnest Welch  Robert Leslie A.B.  University   Chicago. Wiles  Russel S.B.  University   Chica!)"O Wozniak  Peter Chicago Leland. Sycamore. Pella  Iowa. Chicago. Austin  Minn. Evanston. Chicago. Washington  Iowa. Mt. Vernon  Iowa. Chicago. Chicago. Chicago Heights. Chicago. C!  . Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Highland Park. Chicago. Riverside. Danville. Chicago. Chicago. H    Ind. Chicag· . Chicago. S   !  Bend  Ind. NORTHWESTERN UNIVERSITY. SPECIAL STUDENTS. Amory  Edwin Parkinson Barnes  James Church  Friend Lansing Conner  Benjamin Cohoon Dorr  Charles B. Gibons  William C. Harrington  Howard Woodford Marx  Harry S. Menke!  Anthony Martin A.B.  Williams College. Miller  William Edwin ' B.S.  University   Chicago. McClure  Robert Samuel A.B.  University   Chicago. Schrieber  Frank Servis  Howard H. Stafford  Elmore Hurst Stockton  Eugene Manning Timke  Julius Wright  Charles Yomaguchi  Shun Chicago. Evanston. Aledo. Clticago. Berwyn. Princeton. Watseka. Chicago. Chicago. Galena  Oltio. Chicago. Chicago. B  . Rock Island. Highwood. Elm! . Chicago. Japan. THE LAW SCHOOL.    HOLDERS OF ACADEMIC DEGREES . Colleges Number BReleopirte sCenotlelde.               G             . Bowdoin College                 Carthage College                       Central College           Columbia University                             Cornell College                                                            De Pauw University  · Harvard University                           Hedding College                         Illinois College           Iowa State College                 Knox College                                                          L   Stanford  Jr.  University     Northwestern University                                              Obe   College                                                       Ohio Wesleyan University                  Otterbein College                 Princeton University                                 St. Mary'  College           University   Chicago              University   Illinois U           )        U                                                                                                             Vittorio Emmanuele College ( Italy )                Washburn Colleg                   Washington   Jefferson College             Wheaton College               Will   College               Wooster University                       Yale U                                               Tota!                 ·  '      Counted               Total                       Total                            RECAPITULATION. R   Bachelors   L                 II Third Year R   Students          Second Year Regular Students                                         First Yea   Regular Students            Special Students                      Total                               Holders   Academic Degrees                                             Percentage   College Gradu                                ADMISSION TO THE BAR OF WISCONSIN. Graduates     Law School         Bar   Wisc  exan  . RULES FOR ADMISSION TO THE BAR OF ILLINOIS. Inquiries       Admission     Bar   Illinois N. W. Branson  Secretary     State Board   Law Examiners  Petersburg  Ill. Illinois  Supreme Court     State State Board   Law Examiners "  Ottawa                Chicago          Springfield              Mt. Vernon           " "    " State       United States       "   Board   Law Examiners Illinois        ?. THE LAW SCHOOL.    Board lawyers    . All                  . Rule       Board   Law Examiners · Law School "Each   State. A    ' English        Algebra  Geometry  Ancient History  Physiology  Rhetoric  Physics    Physical Geography Botany   Bookkeeping Medireval   Modern History English   American History       English   American Literature         Zoology   English Composition . "     English   American History Literature (Latin ) . "    " .         University   College  " .                  State   " .                 State     NORTHWESTERN UNIVERSITY.   " . State (  )  '  " . State          " .                  Illinois  University   College State President   Secretary University   College  " .         President   Secretary University   College   ." Rule    "An               . Rule        Supreme Court ." ALUMNI NEWS. OFFICERS OF THE RECENTLY FORMED BRANCHES OF THE ALUMNI ASSOCIATION. During         Alumni A Branches     A       State Territory         Alumni     S Ulinois     Cook County. A Secre   Vice President             Branch. Branches  . Charles H . Blatchford  Esq.  General Secretary Association Alabama Arizona California Colorado .Vice President William H. H . Judson Bessemer  Ala. Frede   S . Nave Tucson  Ariz. Georgia Ebeneze   Wakely Val Dosta  Ga. Idaho Albert J. Green Indiana Indian Ter. Iowa Kansas Moscow  Idaho. •    S Henry B. Wilkinson Ph    Ariz. Theodore vV . Hubbard Parrott Bldg. San Francisco  Cal. A. Lee Doud     Ernest &amp; Cramner Bldg. Denver  Colo. James E . Babb Lewiston  Idaho. Thaddeus M. Talcott  Jr. South Bend  Ind. Harry Campbell Sapulpa   . T. Ba   Gilbert Ceda   R    Ia. Theodore H. Mor      Fairmont Ave. Wichita  Kan . NORTHWESTERN UNIVERSITY. Kentucky Michigan Minnesota Missouri Montana Nebraska New Eng. New Jersey Vice President Hon. "William J. Bryan Lincoln  Neb. Hon. Sewell W. Abbott Wolfborough  N. H. New Mexico John H. Stingle Albuquerque  N. M. New York Hon. E. H. Gary N. Carolina N. Dakota Ohio Oklahoma Oregon Pennsylvania S. Dakota Texas Utah Virginia vVashington New York City. • Secretary ]. Clyde Nelson Sharpsburg  Ky Henry F. Metzger Sault Ste. Marie  Mich. Hon. Homer B. Dibell Duluth  Minn. Jacob A. Ha.     New York Life Bldg. Kansas City  Mo. Richard A. Harlow Helena  Mont. Alonzo P. Tarbox Bennett  Neb. William F. Poole  Jr.     Franklin St. Boston  Mass. Oliver L. Brown    Telephone Bldg. Newark  N. J Andrew M. Adams Albuquerque  N. M. William F. Myers Amsterdam  N. Y. James L. Curtis Raleigh  N. C. Edward R. Sinkler Grafton  N. D. Joseph D. Kerr Hicksville  Ohio. Claud J. Bryant Lawton  Okla. Charles H. Glos     Chamber   Commerce Portland  Ore Forest G. Moorhead Beaver  Penn. John F. Whitlock Forest City  S. Dak. Edward Vv. Hander Waco  Texas. Robert N. Freeman Salt Lake City  Utah. Clare E. Crawford Elmont Va. Francis W. Coler Bailey Bldg. Seattle  Wash • THE LAW SCHOOL. Vice Presideut Wisconsin S John K. Fish Old Insurance Bldg. Milwaukee  Wis. Wyoming Charl   F. Mall Cheyenne  Wyo. Dist.   Col. Phillip E . Winter     "A  " South E Washington  D. C. Hawaii Carl S. Smith Mexico Hon. Wm. A . McLaren Switzerlan   A Independencia    Mexico City  Mex. Hilo  H.  . Joseph S. Kennard Lausanne  Switzerland. BRANCHES IN JUDICIAL DISTRICTS IN ILLINOIS. JUD. DIST . NO. S   · . Address.    Aaron J. Gould  Bone Gap  III.  . Hon. Wilbur M. Warnock  Edwardsville  Ill.  · Cha   H. Holt  Salem  Ill.  . Frank C. Van Sellar  Paris  Ill.  . Thomas N. Cofer  Charleston  III.     . John A. Barber  Farmers' Nat') Bank Bldg. Springfield  III.  . John D. Gray  Ha      Ill.  . Conrad G. Gumbart  Macomb  Ill. IO  Frank S. Fulton      Observatory Bldg. Peoria  Ill. II. William L. McMahan  Lincoln  III.  '   Charles B. Campbell     Arcade Bldg. Kankakee  III.   . Wellin   H. Shay  Streator  Ill.   . William J . Sweeney  Rock !   Ill.   . S   W . Crowell  Oregon  Ill.   . \\'   M. Mercer      Coulter Blk. Aurora  Ill.   . John E. Goembel      E. State St. Rockfo    Ill. NORTHWESTERN UNIVERSITY. MEETINGS ANNOUNCED FOR MAY AND JUNE. ANNUAL BANQUET OF THE ASSOCIATION.   Annual Ban Alumni Association                       P.M.      University Club  Dearborn St.  Chicago. President     Association  Frank Orren Lowden  Esq.     · . Officers              . All School                   · . A                 Alumni             .  . RECEPTION TO PROFESSOR HURD. Professor Harvey B. Hurd University Club  Chicago   P.M.          . Professor Hurd School  Faculty      Professor Emeritus. Smoke Talk. School       Legislature. Dr. Nathan S. Davis  Sr.        Medical Jurisprudence School        Hon. Stephen A. Douglas Tremont House      Fernando Jones  Esq. President Lincoln       Tremont House.  Law             . . All .  . COMMENCEMENT.   Commencement Exercises University      School   Law Auditorium Theatre  Chicago             . All . THE LAW SCHOOL.    RECENT ACTION OF THE BOARD OF TRUSTEES ENLARGING THE FACULTY AND INCREASING THE SCHOOL LIBRARY AND EQUIPMENT.            Board   Trustees Dearborn   Lake Trement House University  .           Law School ( BULLETIN)    Board School. First        $       ( )                 School. School Faculty . With   . Besides . While School'  .      BULLETIN.             School' . Secondly    Board         $       Library     School.  American . With              Chicago Law Institute Library English   American . Thirdly    Board           Equipment Fund  School. A              BULLETIN. NORTHWESTERN UNIVERSITY. DESCRIPTION OF THE NEW QUARTERS.            School           Northwestern University Building (    Tremont House) Dearborn   Lake  . University         $        $       .   Law School      &lt;!    .  '                     '       .    '   Chicago.   •      .   Library      . .  . School . School School .                              School  West. THE LAW SCHOOL. BIOGRAPHICAL SKETCHES OF RECENT APPOINTEES TO THE FACULTY.    Of   Faculty School  Louis MAY GREELEY  Professor     Law   Conveyancing Chicago Harvard College             Law School   Harvard University Chicago        . He "  Privilege   Witnesses   Federal Courts " "Conditional Estates   Fee Simple "      . WILLIAM MEADE FLETCHER  Professor     Law   Equity Pleading   Practice          Rappahannock Co.  Virginia Episcopal High School   Alexandria University   Virginia            University       LL.B. . After           Montana Colorado        Chicago           Hon. Loren Cone Collins. He "State Lands " "Taxation   Franchises " "Equity " Equity Jurisprudence  Pleading Practice. LEVI HARPER FULLER  Professor     Law   Practice Iowa      Upper Iowa University      () B.S.      Iowa State University        LL.B. Since               Chicago ' Corporations               Practice Court. JoHN HENRY SHELDON LEE  Asidstant Professor     Law Crimes   Criminal Procedure          Kansas Harvard College                 A.B. Law School   Northwestern University        LL.B.                   Assistant State'  Attorney Cook County.    NORTHWESTERN UNIVERSITY. BIOGRAPHICAL SKETCH OF PROFESSOR HURD. HARVEY BOSTWICK HURD  Professor     Law   Crimes Equity Pleading Professor Emeritus Huntington  Connecticut        .              Chicago               . From             Hon. Henry Booth    Dean     School          Professor   Law.         Illinois .                   Mr. Hurd . He                     . Three Professor Hurd' State. He  Chicago Drainage Canal   Lake Michigan     Mississippi River. He                 Commission Torrens     Registration   Land Titles Commission       . Legislature Supreme Court     State. Professor Hurd  Juvenile Court Pennsylvania            States      .              Doctor   Laws Northwestern University. After                 School  .  School . His  State. . THE LAW SCHOOL.    HISTORICAL SUMMARY.         Hon. Thomas Hoyne University   Chicago  Alleghanies. Two School    .   Hon. Henry Booth  LL.D .              Professor   Dean School Dean Emeritus       .          Hon. Harvf' Bostwick Hurd  LL.D.          School  Faculty. Though School        .                     Northwestern University Union Coll     Law.        University   Chicago        College   Law Northwestern University. Throughout                 School Chicago West.                 Illinois Board   Trustees     Faculty. Among Board   Thomas Drummond Mark Skinner  Hugh Dickey  George Manierre  Grant Goodrich Henry G. Miller  Corydon Beckwith  Oliver Horton . Among               Faculty Hon. John M. Wilson        Superior Court                   Hon. Lyman Trumbull Supreme Court    United States Senator James L. High  Esq.              . More Ct School Illinois       Chicago. Its             States   Territories New York   California Alumni Association  . Association     Frank  . Lowden  Esq. Chicago.      . Since       School    NORTHWESTERN UNIVERSITY West .  School West. HON. THOMAS   J OYNE Founder     School. HON. HENRY BOOTH  LL.D. First D       School. !·  ON. HARVEY B. H URD  LL.D. Se     Pro  . FRANK   . LOWDE N  ESQ. President       Alumni A    .</text>
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