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4 10 545 https://plrccollections.org/files/original/684a6e10de1ae028db0e5e7458c4baee.pdf 964fe55d5d85e5449ad8d702e69fbc4e PDF Text 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.>. 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. �" � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series II, Number 3 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1903 November Date A point or period of time associated with an event in the lifecycle of the resource 1903 November Scripto Transcription A written representation of a document. SERIES II NOVEMBER NUMBER NORTHWESTERN UNIVERSITY CHIC AGO EVANSTON BULLETIN OF THE SCHOOL OF LAW (UNION COLI.EGE 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 facilit welJ · Law. Chicago Law Library . pa LawF ! J } ! ° Law School Northwestern University Building Corner Lake Dearborn Streets Chicaao. NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. . SERIES II. NOVEMBER . VIEWS OF NORTHWESTERN UNIVERSITY BUILDING AND LIBRARY BooK FLA TE Frontispiece . NEWS AND ANNOUNCEMENTS OF THE SCHOOL II. REPORT OF THE PROCEEDINGS AT THE ANNUAL BANQUET OF THE ALUMNI ASSOCIATION III. JUSTICE COURT PRACTICE AN ADDRESS IN THE LEGAL TACTICS COURSE HY ROBERT N. HOLT ESQ. ASSISTANT STATE'S ATTORNEY OF COOK COUNTY ILLINOIS AND PaEe FORMERLY JUSTICE OF THE PEACE Entered Postoffice Chicago IJJinois . NEWS AND ANNOUNCEMENTS. Law School Book Plate On Law School Book Plate Miss Louise B. Graves Boston Mass. Law School Charles Cheney Hyde Esq. State Bar Examination All Northwestern University Law School State Board Law Examiners Springfield . Harry K. Crafts Charles L. Daly Thomas G. Deering David . Dunbar Al 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 Alumni Room . Any Law School . Cases Moot Court An Law School Moot Court Law School. Cases . II ANNUAL BANQUET OF THE ALUMNI ASSOCIATION. Alumni Association School University Club Chicago P. M. . President Frank Orren Lowden ' . About . President Lowden. After HoN. OLIVER H. HORTON ' "Our Alma Mater Its Past Present Future." PRESIDENT EDMUND J. JAMES " University." JUDGE WILLARD M. McEWEN ' " Alumnus Judge." EDWIN BURRITT SMITH EsQ. ' "Law." ELIAS MAYER EsQ. ' " Class ." After NELSON THOMASSON ESQ. ' HERBERT A. SCHRYVER ESQ. ' GEORGE . HAIGHT ESQ. ' President CHARLES C. LINTHICUM ' . First Vice President GEORGE E. Foss ' . Second Vice President ROBERT E. PENDARVIS ' . Third Vice President PERCIVAL STEELE ' . Fourth Vice President FRANCIS T. COLBY ' . Secretary JEROME J. CERMAK ' La Salle St. Chicago. Treasurer OTTO R. BARNETT ' . Short Mr. Lowden Mr. Linthicum . III JUSTICE COURT PRACTICE. An Address Deli L Tactics Co I Robert N . Holt Esq. Assistant State' Attorney Cook County Illinois Iustice P . Justice Court. https://plrccollections.org/files/original/69eab2e1bdab9ffea1dc89ec40004727.pdf 5469b43ce49e27478e5e0e77d3b606ce PDF Text 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<;ais et etranger. Revue historique du droit fran<;ais et etranger. Revue generale de droit international public. Revue de legislation ancienne et moderne fran<;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 & 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 & 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 & 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 �24 NORTHWESTERN UNIVERSITY. 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. �THE LAW SCHOOL. 25 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 �:26 NORTHWESTERN UNIVERSITY. 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 �THE LAW SCHOOL. 27 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- �28 NORTHWESTERN UNIVERSITY. 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 �THE LAW SCHOOL. 29 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. �30 NORTHWESTERN UNIVERSITY. "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 �THE LAW SCHOOL. 31 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 �32 NORTHWESTERN UNIVERSITY. 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 �THE LAW SCHOOL. 33 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 �34 NORTHWESTERN UNIVERSITY. 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- �THE LAW SCHOOL. 35 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<?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. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series II, Number 2 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1903 August Date A point or period of time associated with an event in the lifecycle of the resource 1903 August Scripto Transcription A written representation of a document. 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 & 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 & 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 & 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. https://plrccollections.org/files/original/98227acd92ac37767d057ec6e06aa842.pdf 34ff42aa67972266c98e26a48c504c4d PDF Text 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 & 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 & Eyer). November 10. D ebt Collections-Carl R. Latham, Esq. (of the firm of Alden, Latham & Young). November 17. Trying a Case with Reference to Appeal and Review-Charler B. Eyer, Esq. (of the firm of Smoot & 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 & 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 & 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 & 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 & Green, Evarts Choate & Beaman, Parsons Shepard & 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>-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 <).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>. 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<::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<::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 & 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 & 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. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series I, Number 4 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1903 February Date A point or period of time associated with an event in the lifecycle of the resource 1903 February Scripto Transcription A written representation of a document. .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 & 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 & Eyer). . D Collections Carl R. Latham Esq. ( Alden Latham & Young). . Trying Case Reference Appeal Review Charler B. Eyer Esq. ( Smoot & 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 & 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 & 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 & 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 & Green Evarts Choate & Beaman Parsons Shepard & 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 > . 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 <). . . . Whenever . Naming . . Turning . . There . Eliminate . Not ' . . . . While . Always . . Never . 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With . . . . . https://plrccollections.org/files/original/0205f956cc8f5f8a39cdc8291c67ad9a.pdf fe4dead619b19e91b8c4ae597343361a PDF Text 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&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 & Starr) . Nov. 2r. Practice and Pleading under the Illinois StatutesKeene H. Addington, Esq. (joint editor of Jones & Addington's Supplement to Starr & Curtis' Annotated Statutes of Illinois). Nov. 28. Land Condemnation Practice-Samuel A. Lynde, Esq. ( General Attorney for the Chicago & 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 & 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 & 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 & Martin). Acquisition and Retention of a Clientage-Frank H . Scott, Esq. ( of the firm of Scott, Bancroft, Lord & 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 & 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 & 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 & 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 & 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. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series III, Number 3 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1904-1905 November-January Date A point or period of time associated with an event in the lifecycle of the resource 1904 November-1905 January Scripto Transcription A written representation of a document. 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 & Starr) . . Nov. . Practice Pleading Illinois Statutes Keene H. Addington Esq. ( Jones & Addington' Supplement Starr & Curtis' Annotated Statutes Illinois). . Nov. . Land Condemnation Practice Samuel A. Lynde Esq. ( General Attorney Chicago & 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 & 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 & 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 & Martin). . Mar. . Acquisition Retention Clientage Frank H . Scott Esq. ( Scott Bancroft Lord & 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 & 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 & 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 & Maitland' History English Law ( ) Campbell' Lives Chancellors Lord Hardwicke B ( ) Pollock & 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. https://plrccollections.org/files/original/1987caa7c07f33bccfb090845d019152.pdf 6bb1cbe861c8252b41d33835303a59f8 PDF Text 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 <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, & 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 <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, & 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 K<u8nm:; xa, Nopo8eaiw ~EA 1J -y t. 0. v v TJ ,..al, Z 71 JI ct>>,. 0 ya. LT O V 0 E O 0. N• o 1T o \I}.. o v . 'Ei\A:ryvtr.:½ Oi. Ot.11:acrn,col. 110µ.ot Noµ.o{huia.. Tij) .EAAtlOe, µ.e-ra Tij) uxEnK.ijS' Noµ.oi\.oyiet5' TolJ 'ApEiov IL:iyou et, T6µ.ov5' T€uuapa,;, µ.erO. r.apa.pn}µ.a.TOS' TWv OtK.acrn1eWv v6µ.wv iK. Olio µ.epWv crvy1<. nµ.€vov . ,ca.I. 11:a.l -roV r.apa.pn]µ.aTo,;, uiw -r<i, Noµt.,ct;; <f,iwv Kat -rWv <lv'TL1Tj.,OO"W1T"\.iv /LE.TO.. OO.,,yc;; Tjj) Ot.KO.O'TtKiji; A,.r,µ.ocriwv ,ca.i. .6.7]µ.0n,cWv irrro.AA~>..wr EE uvµ.rrA11pwµ.tinJv -rWv Oucaun,cWv v6u.wv -rWv Ev Tai:, 011µ.on,ca.i:, €,c>..oya.i:s- inroi/nr ,ca_ , Ot9tl0J'TtKiji; <lpxiJi;-, Kai. -r'f b011ylf -rWv· �OF CONTINENT AL LAW. )1 o µ. rf, 19 p 0.. -r o v ·A v 'T w v i o v _r. Ecloge Leonis et Constantini cum Appendice. € 'EKA.oyl) -rWv vciµwv Ev uvv--rOµ.<:J y€voµ.Evr, ;rapO. Af.ov'TOS' Kai Kwvu-ravn'.vov· Law Journals No pau. fl epwocxu. :\I Tr a A CL v o v, ' Erf,.,.,µepii; Tijs- 'Ei\.\7111(.,cijs ,ca.i. TaA.\.t.,cijs- voµ.oAoyias, 22 vols. 0 Eµ.ts, i{30oµ.a0w. ia OtKacrnKl] E,~·1µ.epi.s iK0,001.Livl) Ayye.i\01rotl.\wv--'A&a.1,0.Twv. lnrO -rl'jv OulJ,'.~vvuw ®· Kai TI. 13 vols. Decisions of Courts Llcxa11nxat 'Arrocpd.11u;; 'I w av vi Oo v N. !l ei.you NoµoAoyias, ll eipo. ~yovv µ.i.1<.pOv Ko.TO. u-rotxei:ov e'Upt:-r~p,011 if 1rpocH-rti.8YJUO.V Ev,axoii Tijc; Toii '.A.pdov Kai. rra.pa.rroµrra.i eis- r:nryypO.µµ.a-ra Noµ.tKci• O..rro,~0.cHS' Eis- rOµ.ovs 7 (A--0) Ka.l. 5 :-01 (::>os A' 7r€ptExov T0s IloA,nKO.S' Kai. 'Eµrrop,KOs -:;o.papT~p.ara• cf> i\ o ya "i To v 0- Aoyl.a.s- 12 vois. i\1 rr a. A ci 1898. Mf.pos 11 o v Kai. Kai. r Ki X p v r:r av & o rr o ti Ao -rl1s- 'EAA.17v1.Kijs voµo• lJ· NoµoA.oyia -roU 'Apeiou fl!lyou t.i.r.O ToU II A' 1reptixov -r½v NoµoA.oyia.v 1IoA.tnK'ij5 t:i..t.Kovoµ.ia'i· ELlpe-r~plOv V· 1835 µ€xp1. -roU bri. -roii Opya.vterµoii -rWv A1.Ka<1"Tl]piwv Ka.i. T~S M€po,; B' r.ept,;xo11 -r¾1, Noµ.ol\.oyiav Erri. -roll 'AunKoU AtKa.iou.- Noµ.oAoyia. -roii 'Apeiou Ilciyov t.i.rrO Toti frov,; T½v voµ.oyo>..iav €rri. -rij,; Ilo/1.1.nKij,; )IJpo,; B.. rrep,ixov"r½v voµoAoyi.av 1835 Oi.Kovoµ.ias, µExpt. -rotl 1900- 1\1€poi;- A' 1rep1.ixov Kai. -r0v 'Opyavt.uµ0v €.ri. Toii 'AernKoU At.Kaiau· -rWv At.KaerTl]piwv. .M €po,; r· rrepti.xov -r½v voµo>..oyiav i1ri. -roll 'E1.1:rroptKotl .itKa.iou . Treatises and Commentaries 'AyyeAO.Kr, Xap .tA ,ciov. crVv Tf; €K{UCT£1. Kvp iw,; ~l-=Afra.t, 1rt:p'i. Tij,; ErrtCT'T~JJ.."IJ'i -roU .i1.otKlJ'TtToU ei..,-_Ka.Lau 1 µ.£1, -rij,; iv ·Eti\A0.01. cru_y:'(P0vw,;_ OE Kai. -rijs iv -C:ep,4.0.vi~ , 'AyyAie:, KJ1'i. ra.AAitt_ i.erxu0Vcrl]5 . v.oµo{hu,.ias• , II a 1r a.pp l7 yo rr o 1.1 Ao u II, r evuca.i. 'Apxa.l. -roii iv 'EAAci01. A1.Kaiou,.'EvoxtK011 AiKa.1.ov ,-6.t.otKl')nK½ JK-r€Aeu,s-,-41opol\.oyia iux _l101,rn~ '.-\ crn KoU €rrt TlJ0EV/.L0.Tw v·-.':: Tpa.nwnK½ K.a l Na.vn,c¾ 1rot11t,cl'J voµ,.o6euia.• •.'EAA11vtKl'J '1'1KKA1]uia.• a A • . KA.11povoµ.t.K0v Cli.K.a.t.011· .. EK0OCTI.S" A'· Ka.,\,\ t y 0. II, ~tlo--r17µa. Pwµ.aLKoii Clt.Kaiou Ka{;' ii €v ' EA.AciOt rroAt.retleTa.t, 1' 1:vtKa'i. K pa er er 'Apxai. -rotl Ilo,hnKoU t.l1.Kaiov Tipa.yµa.n,cOv Al,ca.tov . 'Evo,x1.,c0v AiKa.tov · 0 Oi.Koye1,t:ta.K01,, AiKatov· KA11povoµtK0v AiKo.1..ov. P O.AA17 K ,1. pa T r . A. 'Ep/.LlJllfi a. TOIJ 'EAAlJVI.KOU 'EµrroptKOlJ AtKa.iov• ·1·0µo,; A', .EK0ou,s ii N t Ko A• IIowtK½ .1i,.tK01mµ.ia.- IIot.111.xO,; NOµ?'i · E~rro~tl(.05 ~O~O!._ ,ca.I. 'E,t1ro~uc_0v A;fKa.tOf -rij_ f 'Ei\,,\O.Oos,, r·- TI~,\.tnKY) ; A,tl(qvoµ..,io,:, �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&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: <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 & 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. �• � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series II, Number 4 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1904 February-April Date A point or period of time associated with an event in the lifecycle of the resource 1904 February-April Scripto Transcription A written representation of a document. 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 ( ) < . . 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 . & 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 < 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 & 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 & 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 . . https://plrccollections.org/files/original/efadbdecddc528cc26d58015df3ac560.pdf 6e0ca7f6d3b818d18b6668c7ba6e4aba PDF Text 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'>}. 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<'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 & Howell, Counsel for the Pennsylvania Railroad). Oct. 16. The Practice Acts of Illinois. Keene H . Addington, Esq. (Joint Editor of Jones & Addington's Supplement to Starr & Curtis Annotated Statutes of Illinois). Oct. 23. Municipal Contracts and Securities . Chester B. Masslich, Esq. (Attorney for Farson, Leach & 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, & Walker, Attorneys for the Lake Shore Railway). Nov. 13. P ersonal Injury Practice. Andrew J. Hirsch!, Esq. (of the firm of Rosenthal, Kurz & Hirsch!). Nov. 20. Appellate Court Practice. Edwin W. Moore, Esq. Nov. 27. Drawing Judicial Decrees. Geo. A. Carpenter, Esq. (of the firm of Pence & Carpenter). Dec. 4. Practice Under Board of Trade and Stock Exchange Rules. George P. Merrick, Esq. (ol:' the firm of Merrick & 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 & 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 & 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 & 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 1' � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series IV, Number 2 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1905 August-October Date A point or period of time associated with an event in the lifecycle of the resource 1905 August-October Scripto Transcription A written representation of a document. 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'>}. 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<' . 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 & Howell Counsel Pennsylvania Railroad). Oct. . Practice Acts Illinois. Keene H . Addington Esq. (Joint Editor Jones & Addington' Supplement Starr & Curtis Annotated Statutes Illinois). Oct. . Municipal Contracts Securities . Chester B. Masslich Esq. (Attorney Farson Leach & 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 & Walker Attorneys Lake Shore Railway). Nov. . P Injury Practice. Andrew J. Hirsch! Esq. ( Rosenthal Kurz & Hirsch!). Nov. . Appellate Court Practice. Edwin W. Moore Esq. Nov. . Drawing Judicial Decrees. Geo. A. Carpenter Esq. ( Pence & Carpenter). Dec. . Practice Under Board Trade Stock Exchange Rules. George P. Merrick Esq. ( ' Merrick & 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 & 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 & 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 & 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 https://plrccollections.org/files/original/d0be96b97a533f2c086d9f75d0616d25.pdf b97da6fbfe486182eedd7ca811a04eb9 PDF Text Text NUMBER IV SERIES III Lil :E 0 NORTHWESTERN UNIVERSITY CHICAGO-EVANSTON BULLETIN i SCHOOL OF LAW OF THE U :r: u -< z >,-. E- ...J -- (UNION COLLEGE OF LAW) FOUNDED 1859 OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO 0 E- ::> EE(f) z 0 u PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY �NORTHWESTERN UNIVERSITY 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 LA w SCHOOL, in Chicago, Founded in 1859. THE ScHOOL OF PHARMACY, in Chicago, Founded in 1886. THE DENTAL SCHOOL, in Chicago, Founded in 1887. 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. �NORTI-IWESTERN UNIVERSITY CHICAGO - EVANSTON BULLETIN OF THE SCHOOL OF LAW ( UNION COLLEGE OF LAW) FOUNDED 1859 OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED Q__UARTERLY BY NORTHWESTERN UNIVERSITY ��QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. 4, SERIES III, FEBRUARY-APRIL, 1905. I. PAGE THE NEW AMENDMENT OF THE CONSTITUTION OF ILLINOIS, CONCERNING THE CHARTER OF CHICAGO • MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Entered at the Post-office at Chicago, Ill., as second-class matter. 5 ��THE NEW AMENDMENT OF THE CONSTITUTION OF ILLINOIS, CONCERNING THE CHARTER OF CHICAGO. ITS CONSTITUTIONALITY, AND, IF CONSTITUTIONAL, THE CHANGES WROUGHT BY IT IN THE FUNDAMENTAL ORGANIC LAW OF THE STATE. By Henry Schofield. Professor of Constitutional Law and the Law of Municipal Corporations in the Law School of Northwestern University, and formerly Assistant Corporation Counsel to the City of Chica&o An editorial in the Chicago Sunday Tribune of a few weeks ago directed the attention of the public to an objection that has been raised to the so-called "Charter Amendment" of the Constitution, that objection being, that said Amendment is void, because it amends more than one Article of the Constitution, in contravention of Section 2 of Article XIV, which section provides, that "The General Assembly shall have no power to propose Amendments to more than one Article of this Constitution at the same session"; referred to a decision of the Supreme Court of Iowa (Koehler NOTE: Tiu texto/ the Amendment t"s as follows: Article IV, Section 34. The General Assembly shall have power, subject to the conditions and limitations hereinafter contained to pass any law (local, special or general) providing a scheme or charter of local municipal government for the territory now or hereafter embraced within the limits of the city of Chicago. The law or laws so passed may provide for consolidating (in whole or in part) in the municipal government of the city of Chicago, the powers now vested in the city, board of education, -township, park and other local governments and authorities having jurisdiction confined to or within said territory, or any part thereof, and for the assumption by the city of Chicago of the debts and liabilities (in whole or in part) of the governments or corporate authorities whose functions within its territory shall be vested in said city of Chicago, and may authorize said city, in the event of its becoming liable for the indebtedness of two or more of the existing municipal corporations lying wholly within said city of Chicago, to become indebted to an amount (including its existing indebtedness and the indebtedness of all municipal corporations lying wholly within the limits of said city, and said city's proportionate share of the indebtedness of said county and sanitary district which share shall be determined in such a mannner as the General Assembly shall prescribe) in the aggregate not exceeding five per centum of the full value of the taxable property within its limits as ascertained by the last assessment either for State or municipal purposes previous to the incurring of such indebtedness (but no new bonded indebtedness, other than for refunding purposes, shall be incurred until the proposition therefor shall be consented to by a majority 5 �6 BULLETIN OF THE LAW SCHOOL. and Lang v Hill, 60 Iowa, 543) declaring void an Amendment of the Constitution of Iowa, prohibiting the manufacture and sale of intoxicating liquor in that State, because the General Assembly of Iowa, in adopting the said proposed Amendment, did not proceed in manner and form agreeably to the Article of the Iowa Constitution prescribing a method for proposing and adopting Amendments; and gave expression to the thought that, perhaps, our Supreme Court might not be so "strict" as the Supreme Court of Iowa was in the case referred to. The possibility, involved in the said objection, that the now daily manifested expectations of great benefits to accrue to Chicago by reason of this new Amendment may be in danger of being disappointed, would appear to sugges t, that it is proper to begin to seriously consider the questions : ( 1) ·whether this new Amendment is a lawful Amendment of our Constitution; (2) Whether this new Amendment was necessary to enable the General Assembly to exercise any important or substantial legislative power over the of the legal voters of said city voting on the question at any election, general, municipal, or special) ; and may provide for the assessment of property and the levy and collection of taxes within said city for corporate purposes in accordance with the principles of equality and uniformity prescribed by this Constitution; and may abolish all offices, the functions of which shall be otherwise provided for; and may provide for the annexation of territory to or disconnection of territory from said city of Chicago by the consent of a majority of the legal voters (voting on the question at any election, general, municipal or special) of the said city and of a majority of the voters of such territory voting on the question at any election, general, municipal or special; and in case the General Assembly shall create municipal courts in the city of Chicago it may abolish the offices of Justices of the Peace, Police Magistrates and Constables in and for the terrritory within said city, and may limit the jurisdiction of Justices of the Peace in the territory of said county of Cook outside of said city to that territory, an d in such case the j urisdiction of practice of said municipal courts shall be such as the eneral Assembly shall prescribe; and the General Assembly may pass all laws which it may deem requisite to effectually provide a complete system of local municipal government in and for the c~ty of Chicago. No law based upon this amendment to the Constitution, affecting the municipal government of the city of Chicago, shall take effect until such law shall be consented to by a majority of the legal voters of said city voting on the question at any election, general, municipal or special; and no local or special law based upon this amendment affecting specially any part of the city of Chicago shall take effect until consented to by a majority of the legal voters of such part of said city voting on the question at any election, general, municipal or special. Nothing in this section contained shall be construed to repeal, amend or affect section four (4) of Article XI of the Constitution of this State (Sess. Laws, 1903, Bradwell Ed., p. 281). �CHICAGO CHARTER AMENDMENT. 7 subject of local government for Chicago, that it could not have exercised under the Constitution as it stands without this Amendment; and (3) Precisely and exactly what legislative power over that subject of local government for Chicago is the General Assembly enabled to exercise by virtue of this new Amendment, that it could not have exercised before, or without, this Amendment. There is, it is believed, some, if not good, ground upon which to rest the following views : First, that it is probable the Supreme Court may find itself constrained to declare the said Amendment, and, consequently, all acts of the General Assembly "based thereon," unconstitutional, and, therefore, void; Second, that this new Amendment, even if constitutional, and, therefore, lawful, removes no important and substantial pre-existing constitutional restriction or limitation upon the legislative power of the General Assembly; Third, that this new Amendment was, and is, unnecessary, because the General Assembly, under the legislative power it possessed before, and without, this new Amendment, can accomplish for Chicago, and for the inhabitants thereof, everything of substance, touching the matter of our local government, that it can accomplish for us under and by virtue of this Amendment. I. As respects the said first proposition, that the Supreme Court may find itself constrained to declare this Amendment void: This Amendment expressly purports, or attempts, to amend at least three Articles of the Constitution, to-wit: Article IV, Section 22, prohibiting the passage of "local or special laws" upon certain specified topics; Article VI, Sections r, 2r and 28, making justices of the peace a part of the Judicial Department of the Government; and Article IX, Section r2, limiting the power of municipal corporations to go into debt, and also expressly makes the addition of a referendum clause to all laws "based upon" this Amendment mandatory or compulsory. While, as hereinafter explained, this Amendment touches, affects and changes the Sections of the Articles of the Constitution just specified only in very slight, wholly unimportant and unsubstantial, ways, yet, even if this Amendment does no more, that is perhaps sufficient to lay it open to the said objection, that it amends more than one Article of the Constitution, and to the further objection, that it is too unsubstantial to come within the true meaning of an Amendment of the Constitution. But it is asserted by some that this Amendment does more than amend slightly and delicately the three Articles just specified, and a plausible argument that they are right may be made. In its first sentence, this Amendment provides that "the General Assembly shall have power, subject to the conditions and Iimita- �8 BULLETIN OF THE LAW SCHOOL. tions hereinafter contained, to pass any law (local, special or general) providing a scheme or charter of local municipal government for the territory now or hereafter embraced within the limits of the city of Chicago." The thought expressed in said sentence is reexpressed in the last sentence of the first paragraph of the Amendment in the following words, to-wit: "And the General Assembly may pass all laws which it may deem requisite to effectually provide a complete system of local municipal government for the city of Chicago." As to the "conditions and limitations hereinafter contained," mentioned in the first sentence above quoted, the only express "conditions and limitations hereinafter contained" appear to be, first, that no law passed by the General Assembly affecting Chicago, and "based upon" this new Amendment, can take effect in Chicago, until consented to by a majority of the electors of Chicago, or of the part of Chicago to be affected by such law, who may vote on the question of the adoption of such law; and, second, that ''nothing" in this Amendment "contained shall be construed to repeal, amend or affect Section four (4) of Article XI of the Constitution of this State," said Section being the one which prohibits the General Assembly from passing any law granting the right to construct and operate a street railroad in any city, town, or village, without requiring the consent of the local corporate authorities having control of the street proposed to be occupied by such street railroad. From the aforesaid provisions of this Amendment, evidently, it is entirely possible to argue, with at least some degree of plausibility, that, when the words of the Amendment are rightly interpreted, its true intent and meaning is, to free the General Assembly from each and every written restriction or limitation contained, not merely in the State Con3titution, but in the Federal Constitution as well, upon its legislative power over the topic of local government for Chicago, and to place its legislative power over all subjects embraced within that general legislative topic, except the single subject of granting the right to lay down street railroad tracks in the streets of Chicago, under the one written restriction or limitation, that no law passed by the General Assembly affecting the local government of Chicago, except a law upon the subject of street railroads in Chicago, shall take effect and be in force in Chicago, except upon the consent of the electors of Chicago manifested by their votes at an election. In other words, it may be argued, at least plausibly, that this Amendment, in so far as all subjects of legislation included in the general legislative topic of local government for Chicago are concerned, except the single subject of street railroads, turns the General As- �CHICAGO CHARTER AMENDMENT. 9 sembly into a species of Constitutional Convention for Chicago, that is to say, a body of picked men who have power to propose anything to the electors of Chicago, but to conclude nothing for said electors, with the curious and odd exception that the General Assembly, and the local legislative authority of Chicago, combined, have the power to conclude said electors upon the said single subject of street railroads in the streets of Chicago. If the aforesaid view of the true intent and meaning of this Amendment should be deemed not merely plausible, but sound, then, certainly, it must be agreed, that this Amendment is very radical, because, when it is remembered that the topic of local government embraces a wide field of legislation, almost the only boundary, in the absence of any constitutional limitation, being the will of the General Assembly, this Amendment erects within the limits of this State a species of a pure democracy, with no constitutional limitation upon its legislative power over any subject included in the general subject of local government, with the aforesaid exception of the subject of street railroads. In fine, this view is, that this Amendment amounts to a species of an ordinance of secession, separating the people of Chicago from the people of the rest of the State, and from the people o-f the rest of the United States as well. The aforesaid view of the true intent and meaning of this Amendment may, or may not, be sound. It does seem, however, that this view, the question being one merely of the meaning of a few words, is plausible, and that the lawyer called upon to assail this Amendment before the Supreme Court would be justified in making, if not in duty bound to make, the best possible argument in support of that view, leaving it to his adversary, the defender of this Amendment, to accept, or to combat, that view, as he might be advised. The soundness of that view would appear to depend, to some extent at least, upon the solution of the question, whether the well established rule, requiring a court to so construe an act of the Legislature as to harmonize it with the State and Federal Constitutions, if it be possible to do so, applies to an act, or resolution, of the Legislature proposing to the electors an Amendment of the Constitution. Such an act, or resolution, is not an ordinary piece of_ legislation, but is, from every point of view, extraordinary, its very object, aim and purpose being to effect a material change in the fundamental organic law of the State. Then, do the reasons, upon which the said rule rests, apply to the case of such extraordinary act, or resolution? Not necessarily, it may be argued, after the act or resolution has received the approval of the electors, and is drawn in question in a litigated case at the bar on the point whether �10 BULLETIN OF THE LAW SCHOOL. it really is, in point of law, a part of the Constitution. If the reasons upon which said rule rests do not apply, then, according to the familiar maxim, the rule itself does not apply. It is not unlikely, then, that a court, before which the right of this Amendment to a permanent abiding place in our Constitution is challenged, may say, that it is bound to construe and interpret its words liberally, to give them the widest and fullest meaning they are capable of bearing, in order to give complete effect to the expressed object, aim, and purpose of the electors, viz., a material and substantial enlargement of the legislative power of the General Assembly, by the removal of pre-existing constitutional restrictions and limitations thereon. Certainly all will agree, that any court should so construe and interpret this Amendment, if it were admittedly and confessedly a part of the fundamental organic law of the State. Is it rational to say, . that a different rule of construction and interpretation applies, when the right of this Amendment to a place in that fundamental organic law is the question in issue? It would ~eem not. It is believed that, if the aforesaid view of the true intent and meaning of this Amendment should prevail, and it may prevail, most lawyers would concede toot the Amendment must fall for very many obvious reasons. But if the view, that the words of this Amendment are susceptible of the aforesaid meaning, be held to be untenable, then, as above stated, and hereinafter more fully explained, it only slightly amends certain Sections of three separate Articles of the Constitution, but is thus brought into apparent collision, at least, with the said constitutional prohibition, that the General Assembly shall not propose Amendments to more than one Article of this Constitution at the same Session. It is possible, that the Supreme Court may not feel bound hand and foot by the Constitutional Convention's arrangement and adjustment of the provisions of the Constitution into Articles and Sections, and may feel at liberty to re-arrange and re-adjust to some extent the work of the Constitutional Convention. But it is not easy to see how the court can go farther into such work of revision and adjustment than to re-arrange and re-adjust the work of the Constitutional Convention into three Articles, corresponding to the three Departments, the Executive, the Legislative, and the Judicial. Even then, this Amendment, if it has any effect at all upon the Constitution, amends two of said Articles, viz: the Legislative and the Judicial. It is possible, perhaps, for the Court to say, that "one Article" means "one topic," and this Amendment affects only one topic, to-wit: local government in Chicago. The argument usually made to sustain Amendments of a State �CHICAGO CHARTER AMENDMENT. 11 Constitution, adopted in disregard of the provisions of the Constitution prescribing the manner in which, and the mode by which, it may be amended, viz., the supremacy of the will of the people, has never met with any favor in courts of last resort, for the very good reason, that, in "a government of laws and not of men," courts know, and can know, nothing about the will of the people, except when that will is expressed in a manner and mode authorized by law, the manner and mode of ascertaining, and giving legal expression to, the will of the people on the subject of amending their fundamental organic law being the manner and mode therein specified, and no other. Any other doctrine would make the judges themselves parties to a revolution, or unlawful attempt, to change the structure of the very government of which they are a part. It is true, that the Supreme Court of Colorado, consisting of three judges, did recently, on March 2, 1903, in the case of The People vs Sours, 74 Pacific Reporter, 167, by a vote of two to one, get over a similar objection to an Amendment of the Colorado Constitution, said Amendment providing for the consolidation of the county and city governments of Denver. But the dissenting opinion of Mr. Chief Justice Campbell appears to be the most judicial opinion delivered. And the majority appear to have been in error, when they thought they found authority for their position in four decisions of our Supreme Court (Moore's Ex. v. Lewis, 1o6 Ill. 376; Huston v. Clark, II2 Ill., 344; Wilson v. Board of Trustees, 133 Ill. 443; and Wabash Ry. Co. v. Drainage and Levee District, 194 III. 3ro), arising under the Amendment in 1878 of our Constitution, giving the General Assembly power to authorize the construction and repair of drains, ditches or levees for agricultural, mining or sanitary purposes over the lands of others by special assessment, because, first, the point that the said Amendment of 1878 amended more than one Article of our Constitution was not raised in the cases referred to, and such vast property rights have accrued under the Amendment that it is now too late, even of any one thinks said Amendment of 1878 did encounter this objection, to raise said objection to said Amendment; and, second, the settled doctrine of our Supreme Court appears to be, that said Amendment of 1878 amended only Section 9 of Article IX, by removing, or uplifting, the prohibition in that Section, which prevented the General Assembly from vesting in drainage and sanitary districts the power to raise the money to pay the cost of drains, ditches and levees by special assessment, but left the legislative power of the General Assembly over the subj ect of drains, ditches and levees for agricultural, mining or sanitary purposes, subj ect to all the other restrictions and limitations found in the Constitution. Besides, the doctrine of the majority of the Colorado Court, that an implied Amendment is not �12 BULLETIN OF THE LAW SCHOOL. within a constitutional prohibition as to the number of Amendments that may be proposed at one time, can have no application to this new Amendment of ours, because, if this new Amendment of ours does amend more than one Article of our Constitution, it does the thing expressly, that is to say, in words. It does not seem very likely, that our Supreme Court will strain itself in order to find a way to sustain this new Amendment, because, if the views hereinafter expressed are correct, the Amendment is based almost wholly upon a misapprehension of certain judgments of the court, and a decision declaring this Amendment void, and of no force and effect, either because it amends more than one Article of the Constitution, or because it does not amend the Constitution at all, would do probably more good than harm to the State as a whole. II. All will agree, doubtless, that this Amendment is of no substantial, practical importance, if, in truth and in fact, it removes no important and substantial pre-existing written constitutional restriction or limitation upon the legishtive power of the General Assembly, and if, consequently, the General Assembly, without this Amendment, has ample power to accomplish for Chicago and its inhabitants every important and substantial result, affecting the subject of our local government, that it can accomplish for us under and by virtue of this Amendment. In considering this matter of the precise and exact actual legal effect of this Amendment, and of the real necessity for this Amendment, in order to enable us to attain the benefits of good and efficient local government in Chicago, one must get firmly fixed in the mind, and keep there, the fundamental proposition, that the General Assembly of this State is possessed of all the legislative power of the people o"f the State, even over the subject of local government for Chicago, except in so far as the legislative power of the people of the State is withdrawn from the General Assembly by express provisions in the State and Federal Constitutions. In other words, the General Assembly, unless restricted by some express or implied State or Federal constitutional provision, is as omnipotent a legislative body as the Parliament of England, and may do for, and to, the people of the State whatever the people could themselves do for, and to, themselves, acting as a pure democracy. Casting aside as negligible, in this connection, the aforesaid view, that this Amendment, rightly constrned and interpreted, frees the General Assembly from every written constitutional restriction or limitation upon its legislative power over the subject of local government in Chicago, let the Amendment be examined, in so far as it expressly purports, or attempts, to amend the Sections of the three Articles of the Constitution heretofore specified. �CHICAGO CHARTER AMENDMENT. 13 It should be noticed, that the Amendment takes the form, improper from a correct legal point of view, of a grant of power to the General Assembly, and that the general legislative topic mentioned therein is the topic of "a scheme or charter of local municipal government" for Chicago. This Amendment then proceeds to expressly specify three or four subjects embraced within the said general topic, and purports to grant to the General Assembly power to deal with said specified subjects in certain specified ways. The specified subjects are: (1) the consolidation, or amalgamation, of all municipal corporations in Chicago into one municipal corporation; (2) the assessment and collection of taxes for the local corporate purposes of Chicago; (3) justices of the peace, constables and municipal courts in Chicago; (4) the indebtedness of Chicago. I. Taking the said general legislative topic of a "scheme or charter of local municipal government" for Chicago, and the first of said specified subjects, to-wit: the consolidation of municipal corporations in Chicago into one municipal corporation, the questions to be considered are: (a) Just what restrictions or limitations in the Constitution upon the legislative power of the General Assembly over these subjects create a necessity for this Amendment? (b) Exactly how does this Amendment touch and affect such restrictions or limitations? This Amendment itself points to one constitutional restriction or limitation, to-wit: Section 22 of Article IV of the Constitution, providing that "the General Assembly shall not pass local or special laws in any of the following enumerated cases," and then includes within the "enumerated cases" the said subjects of municipal charters and consolidation of municipal corporations. And that is the only relevant, for our purpose, restriction or limitation in the Constitution upon the legislative power of the General Assembly over said subjects, as the Supreme Court has authoritatively decided, over and over again. In other words, except for the said constitutional restriction or limitation prohibiting the passage of "local or special laws," the General Assembly has all the legislative power over said subjects that any legislature, sitting under a State Constitution, in the usual and ordinary form, could have. One of the latest rulings of the Supreme Court to the foregoing effect was made on June 23, 1904, by Mr. Justice Scott, speaking for the court, in the case of Chicago v. Cicero, 210 Ill., 290, 294-296, where any one may find previous decisions of the Supreme Court upon the same subject. So far as the said subjects of municipal charter for Chicago and consolidation of municipal corporations in Chicago are concerned, then, the only actual legal effect of this Amendment is to free the �14 BULLETIN OF THE LAW SCHOOL. General Assembly from that restriction or limitation, when legislating on said subjects for Chicago, and to enable the General Assembly to propose to the electors of Chicago alone laws upon said subjects to take effect in Chicago when the electors of Chicago so will. Is the said restriction or limitation upon the power of the General Assembly to legislate upon said subjects, forbidding the passage of "local or special laws" upon said subjects, but leaving the General Assembly practically unlimited power to legislate thereon by "general laws," any real and substantial embarrassment to, clog, fetter or tether upon, the exercise, "effectually" for Chicago and its inhabitants, by the General Assembly of its admitted legislative power over said subjects? That depends, obviously, upon the meaning the law attaches to the words "local or special laws," and "general laws," found in our Constitution, as applied to the subject of local government. It seems quite clear, that this Amendment proceeds upon this fallacy, viz: of assuming that a law upon the subject of local government is "local or special," and not "general," unless it must be, and is, of necessity, in force and effect upon every foot of the soil of Illinois. But the rule of the law, as laid down by our Supreme Court, is, that a law upon the subjects of local municipal government and the consolidation of local municipal governments is a "general law," and is not a "local or special law," when it has a general local option, or, in our day, local referendum, provision, even though the electors of only one locality in the State vote to accept the benefits and burdens of the law. All that is required, according to authoritative decisions of our Supreme Court, in order to make a local government law a "general law" is, that the law shall give to the electors of all municipal corporations of the State of the same class, grade or denomination, embraced within the terms of the law, a reasonable opportunity to adopt, and be governed under, the law, and that the law shall be so drawn that all the municipalities that adopt the law must have local governments identical in organization and in powers. As early as December, 1848, the Supreme Court, in People v. Reynolds, S Gilman, 1, speaking by Mr. Justice Caton, incorporated the local option, or local referendum, principle into the law of this State, and that principle has frequently been used since the adoption of our present Constitution in 1870 to rescue local government laws from the objection that they are "local or special laws." Conspicuous and familiar examples of "general laws" with a general local option provision, in force in only a few places here and there in the State, are the "Election Law" and the "Civil Service Law," �CHICAGO CHARTER AMENDMENT. 15 both of which have been sustained by our Supreme Court, the opinion in the "Election Law" case, n6 Ill. 587, written by Mr. Justice Magruder, covering this whole subject of "general laws,'' and "local or special laws,'' as applied to the matter of government, and pointing out that our present "Cities and Villages Act" of r872 is a "general law," though it is not in operation all over the State, and did not apply in Chicago until the electors of Chicago adopted it in r875. And in New Jersey, where also the local referendum was legalized at an early date, "An act concerning the government of cities in this State" was held not to be obnoxious to the objection that it was "local or special," or not of "uniform operation," when it left it optional to the electors of any city, but required the electors of no city, in the State to live under its provisions. (Petition of Cleveland, Mayor of Jersey City, 52 N. J. L., r88.) Judging from our written laws, the people of this State have always been, and are now, firm believers in the principle of local self government, or home rule in local affairs, and the framers of our present Constitution, in obedience to this known faith of the people in, and their wish for, such home rule, inserted into the Constitution very many provisions calculated, and designed, to secure that principle against invasion or destruction by the General Assembly. That principle necessarily contemplates the result in practice, that the local governments set up by authority of the General Assembly in the various municipalities composing the State may, and must, differ in formal and sometimes in substantial particulars respecting their organization and powers. The prohibition against "local or special laws" upon the subject was not at all intended to secure an iron uniformity in the organization and powers of the local governments of the various municipalities composing the State, because such iron uniformity may itself constitute an evil, and a menace to the general welfare of the State, and the intent of the prohibition against the passage of "local or special laws" was to root out, and cut off, evils in government, State and municipal, and not at all to furnish a basis for their introduction and perpetuation. Quoting from the opinion of Mr. Justice Van Syckel, speaking for the Court of Errors and Appeals of New Jersey in the case above mentioned, "one of the conspicuous evils at which" this constitutional prohibition against local or special laws "was aimed, was, in my judgment, this: that prior to" its insertion in our Constitution of r870 "a few persons could go before the" General Assembly "and secure the passage of a special law to promote their own purposes, which might be obnoxious to the body of the citi, zens. In such event, the only remedy was by an appeal to a subso, quent legislature, and that mi~ht too lat~ to w!-\olly n~p;,,ir the �16 BULLETIN OF THE LAW SCHOOL. mischief. Such enactments are now forestalled by the fact that they cannot be made applicable without being submitted to the approval of the entire body of voters. In this way the people of every city are left free to select the mode in which they will regulate and conduct their local affairs, and it is this which impresses such legislation with the character of general, and not special, legislation. Gauged by this standard, there is no infirmity in the legislation which is the subject of controversy (An act concerning the government of cities in this State). It applies to the entire class; there is no exception. It is held out to the free acceptance of all, and is capable of being accepted or rejected by every city in this State." And that the foregoing correctly states the law of the land in Illinois is apparent from the opinion of Mr. Justice Magruder, speaking for our Supreme Court, in the "Election Law" case above mentioned. The learned Justice there said: "On July r, r872, that act ( to provide for the incorporation of cities and villages) was, in a certain sense, dormant. Until some city or village should vote in favor of accepting it, there was nothing for it to operate upon. When the first city adopted it, its provisions took effect as to the municipal affairs of that city, but of no other. It was, for the time being, in force in one locality alone, and not elsewhere. Notwithstanding these features, we say of it in Potwin vs. Johnson, 108 Ill. 70, 'After full consideration and reconsideration, we are as firmly committed to the doctrine as we can be to any doctrine, that the act in relation to cities and villages is a general law, and not local or special.' " And it is a well known fact that, in several of our sister States, with Constitutions contammg almost identically the same prohibition as ours upon the passage of local or special laws on the subject of local government, "Classification Acts," even without any local option provision, grading cities into classes for the purpose of local government upon the basis of population, have been passed, and have always been sustained by the courts of last resort, except when the court was able to see clearly, that the Legislature was really so legislating, under the guise of a general classification by population for the purpose of local government, that only one city in the State, or only certain particular cities in the State, could by any reasonable possibility attain the benefits of the legislation. It is believed, that no such general "Classification Act" has ever been passed by our General Assembly, since r870 at least, but it seems to be incontestable, that such an act would be good, The framers of our present Constitution of ' r870 appear to have borrowed the prohibition upon the passage of "local or special laws," gr "laws not of uniform oper<1tion/' from the <;:q11stiMiqn qf Q1'iq �CHICAGO CHARTER AMENDMENT. 17 of 1851 (Article II, Section 26; Article XIII, Sections 1 and 6), the Constitution of Indiana of 1851 (Article IV, Section 22), the Constitution of Iowa of 1857 (Article III, Section 30), and the Constitution of Minnesota of 1858 (Article IV, Section 33; See, 1 Debates in C. C. of 1870, pp. 577-578, and p. 583). As early as December, 1868, the Supreme Court of Ohio decided, that the Legislature of Ohio could, for the purpose of local government, grade cities into classes on the basis of population, and that a local government law applicable to all the cities in one class, or grade, was a general law of uniform operation (Welker v. Potter, 18 Ohio St. 85). On a familiar rule, the framers of our Constitution, no intention to the contrary appearing, must be presumed to have adopted that judicial interpretation of the Ohio Constitution (See, also, State v. Mitchell, 31 Ohio St., 592; Marmet v. State, 45 Ohio St., 63; State v. Anderson, 44 Ohio St., 247; and State v. Cincinnati, 40 N . E. Rep. 5o8). The Supreme Court of Minnesota expounds the Constitution of Minnesota in the same way (McCormick v. West Duluth, 47 Minn., 272; State v. Spaude, 37 Minn., 264.) And our own Supreme Court, in People v. Hazelwood, II6 Ill., 319, 329, speaking by Mr. Justice Scholfield, said: "Classification, therefore, in our opinion, is not only allowable, but, to a large extent, inevitable, between towns lying wholly in the country and those the entire territory of which is covered by an incorporated city." And at the close of a very able and very interesting debate in the Constitutional Convention upon the question whether the prohibition upon the passage of local or special laws should be extended to the subject of local government, Mr. Medill said: "As regards Chicago, we can procure, under a general law, all that can ever be needed for the wants of that city, by simply dividing the various cities into classes. Legislation for cities of the first class would embrace Chicago alone, and give us everything we need, or have a right to ask, in the way of amending our Charter." And the majority of the delegates apparently were of the same opinion (1 Debates in C. C. of 1870, p. 591 to p. 6o8; see Mr. Hay's speech on p. 6o5, and see the Colloquy between Mr. Hayes and Mr. Medill in l Debates, p. 584; the Iowa statute there referred to is probably Chapter 51 of the Revision of 186o of the Laws of Iowa, being "An Act for the Incorporation of Cities and Towns," grading cities into classes on the basis of population). It appears to be quite clear, therefore, that the view, evidenced by this Amendment, that our Constitution was written so illiberally by its framers or has been expounded so illiberally by the Supreme Court, that an Amendment must be adopted whenever any city, any town or any village in the State needs a change in the organization �18 BULLETIN OF THE LAW SCHOOL. and powers of the local government provided for it by the statutes now in force, is not tenable. It follows, then, that insofar as Chicago's "charter" and "consolidation" are concerned, the precise, exact and only legal effect of this Amendment upon the fundamental organic law of the State is, to remove, or uplift, the constitutional restriction or limitation upon the passage of "local or special laws" upon said subjects so far as to leave the General Assembly free to make an exception of the city of Chicago by limiting and confining to the electors of that city alone of all cities in the State the privilege, or right, of living under laws upon said subjects passed by the General Assembly. The question comes naturally into the mind: Why, if the General Assembly frames a model "scheme or charter of local municipal government," should the General Assembly be allowed to limit and confine the right to enjoy the benefits of that law to the electors of Chicago, and to deny that right for all time to the electors of every other city in the State? It may well be doubted, whether an Amendment of our Constitution enabling the General Assembly to make such exception is of any, even theoretical, value. One i;nay be permitted to believe, looking at the matter from every conceivable point of view, that the old rule, compelling the General Assembly to extend to the electors of every city of the State of the same class or grade a reasonable opportunity to exercise and enjoy the privilege of accepting the results of its deliberations on the subject of local municipal government, was a better and wiser rule. It is believed, that the city of Chicago is not at all unique among the cities of the State respecting the matter of the multiplicity of municipal governments to which its citizens are subject; and, if it is unique in that respect, it is not easy to see how that is at all material, as respects the matter in hand, except that such fact alone might be sufficient to justify the General Assembly in putting Chicago into a class by itself for the purpose of local government. The State appears to have started with the county as the unit of local government, and upon that unit, as population increased, were engrafted the town, or township, the school district, the road district, the bridge district, the incorporated town, the village, the city, the park district, the sanitary district, and so on ad infinitum. The people did not do this work in their Constitution; it was all done by the General Assembly, by the legislative machinery of general and special acts, prior to 1870, of general acts, after 1870, with and without local option attachments. It follows, of course, that, whenever, in process of time, it becomes necessary, all this work may be undone by the General Assembly without any Amendment of the Constitution, by the legislative machi~H Y of the general law with a genm.l local optio11 eH~~p1n~nt: �CHICAGO CHARTER AMENDMENT. 19 The drainage districts, incorporated under the "Levee Act" or under the "Farm Drainage Act," for the purpose of constructing and keeping in repair drains, ditches and levees to drain wet agricultural land and wet mining land, appear to stand upon such a foundation that, while they constitutionally may be consolidated one with another, yet they probably may not constitutionally be consolidated with a public municipal governmental corporation. The reason for this appears to be, that such a drainage corporation is not a public municipal corporation, because it is not created for a governmental purpose, but is more of a private corporation, resting upon the power of the General Assembly to prevent an owner of wet agricultural land or of wet mining land from playing the part either of "the dog in the manger," or of "the hold-up man," towards his neighbo rs owning adjacent wet land, and desirous of fitting it for agricultural or mining uses, uses that are mainly private, but somewhat, though, in a legal sense, remotely affecting, and beneficial to, the people of the whole State (Wilson v. Sanitary District, 133 Ill. 443, 476; Gaylord v. Sanitary District, 204 Ill., 576; Head v. Amoskeag Manufacturing Company, n3 U . S., 9; Wurts v. Hoagland, II4 U. S ., 6o6). 2. As to the matter of assessing and collecting taxes for Chicago's municipal purposes, this Amendment says that the General Assembly "may provide for the assessment of property and the levy and collection of taxes within said city of Chicago for corporate purposes in accordance with the principles of equality and uniformity prescribed by this Constitution." Of what value is that provision? Under the Constitution, Section 9 of Article IX providing that, "for all other corporate purposes, all municipal corporations may be vested (by the General Assembly) with authority to assess and collect taxes," the General Assembly may give Chicago the right to assess and collect its corporate taxes by its own officers, if it acts by a general law in the sense above defined. The insertion of said quoted words in the Amendment appears to have been due to a misapprehension of the ruling of the Supreme Court in the "City Tax Act" case in 83 Ill., 585. That act was declared void for the sole reason, as the court explained there and subsequently in the "Election Law" case hereinabove referred to, that it allowed a city an option to select one set of officers, to-wit, city officers, or another and different set of officers, to-wit: town and county officers, to do the work of assessing and collecting its taxes; thus, of its own force, tending to produce and authorizing dissimilarity in the organization and powers of different cities organized under the same local government law in the levy and collection of taxes. The ruling of the court only P1earis that a law �20 BULLETIN OF THE LAW SCHOOL. upon the subject of local government, even when it contains a general local option provision, must, in order to be a "general law," be so drawn, that it will produce uniformity in results in the organization and powers of the. local governments of the cities which elect to adopt it, and that dissimilarity or diversity in results in such cities shall arise only out of a difference in the manner in which identical officers in different cities exercise their identical deleg;;.ted powers. The distinction adverted to is aptly illustrated by the matter of municipal ordinances passed by the councils of different cities organized under our present "Cities and Villages Act." The councils of such cities have identically the same powers, but may, and, obviously, must, exercise them differently. But dissimilarity or diversity in results, so produced, does not make a local government law a local or special law, or a law not of uniform operation. In that "City Tax Act" case, the court, speaking by Mr. Justice Scholfield, said: "If the General Assembly should, by one or many enactments, authorize the incorporation of every city, every town or every village with a distinct and dissimilar organization and powers, such enactment or enactments would be within the constitutional prohibition of local or special legislation, although having the form of general laws." "Nor does the prohibition of the Constitution have any application to the character of the ordinances that may be adopted by municipalities properly incorporated, which are within their unquestioned powers." 3. Much of the foregoing applies to the next subject of legislation specifically mentioned in this Amendment, to-wit, justices of the peace, constables and municipal courts in Chicago. It is believed, that the restrictions or limitations in the Constitution upon the power of the General Assembly over these subjects at the most only forbid that body ( r) to abolish, by direct legislative enactment, the offices of justice of the peace and constable in Chicago; (2) to make the office of justice of the peace in Chicago an elective office; and (3) to legislate upon the subjects of justices of the peace, constables and municipal courts in Chicago by local or special laws or laws not of uniform operation ( Constitution, Article IV, Section 22; Article VI, Sections r, 21, 28, 29). Admitting that this Amendment removes, or uplifts, all of said restrictions or limitations so far as Chicago is concerned, the question is whether that is of very great practical importance. If, under this Amendment, the offices of justice of the peace and constable in Chicago are once abolished, will they stay abolished? Not necessarily, of course. All must concede, and this Amendment itself concedes on its face, the absolute necessity to just and efficient government of some kind of a system of inferior �CHICAGO CHARTER AMENDMENT. 21 courts. Is it intended to return to the practice, abolished by the Constitution of 1870, at the special request of Chicago, and supposed at the time by the delegates from Cook County to the Constitutional Convention to be a great reform, of electing the judges of the inferior courts of Chicago? But as respects the more important matter of the duties and powers to be attached to these offices, that is to say, as respects the territorial jurisdiction, or bailiwick, of a constable, and as respects the jurisdiction, territorial and otherwise, the organization, powers, proceedings and practice of justice courts, and of municipal courts as well, the power of the General Assembly over these subjects is as completely absolute as it is over any other subject, except for the limitations above mentioned. No reason is perceived why a general law, with a local option provision, upon these subjects could not be drawn that would not encounter the said constitutional limitation prohibiting the passage of local or special laws, or laws not of uniform operation. It is a fact, that, ever since 1874, there has been on the statute books of this State a law upon the subject of city courts, with a local option provision, and that, under such law, several cities of the State have organized and now maintain city courts. The history of the offices of justice of the peace and constable shows, that they are but a part of the machinery of local government. The mere fact that the Constitution mentions these offices by name, and prescribes how the officers shall be chosen, would appear not to operate as a material restraint upon the power of the General Assembly and the people over them, except to prevent the General Assembly from abolishing the offices by direct action and from changing the mode of choosing the officers. Over the fees to be charged to the people by justices and constables for their official services, the General Assembly is allpowerful, and is expressly permitted by the Constitution to deal with the fees of justices and constables in Cook County as a distinct and separate class, without laying a finger on the fees of justices and constables elsewhere in the State. The General Assembly may repeal the existing law fixing the fees of justices and constables in Cook County, such repeal to take effect upon the expiration of the terms of justices and constables now in office, and no one could compel that body to enact a new law on that subject, even if the effect of the repeal were to indirectly abolish the offices by starving the officers. And the General Assembly could, if it saw fit, enact a new law providing that justices and constables in Cook County should receive salaries for their services, payable only out of the fees collected, or out of any other fund, �BULLETIN OF THE LAW SCHOOL. and requiring them to account for, and to pay into the public treasury, all fees collected. Such is the effect of Section 12 of Article X of the Constitution, as practically construed by the General Assembly, as is evidenced by our "Fees and Salaries Act," ever since 1872. Indeed, it seems apparent, that Section 13 of Article X, requiring that every officer in the State paid in whole or in part by fees should be compelled by law to make a semi-annual report under oath of all his fees and emoluments, was inserted, to the end that the General Assembly, as soon as it became apparent that any officer was receiving more pay than was reasonable, should provide that such officer be paid at a fixed amount of so much per diem or per annum, and be required to pay all fees and emoluments into the public treasury. It would appear then, that the precise and exact effect of this Amendment upon the subject of justices of the peace and constables in Chicago, is, to empower the General Assembly, with the consent of the electors of Chicago, to abolish, by direct legislative act, the offices of justice of the peace and constable in Chicago. Is that a really important power, when the Amendment itself, as above stated, concedes the necessity of offices with similar powers, but with new names? In a word, under the Constitution without this Amendment, the General Assembly can, with the consent of the electors of Chicago and Cook County, do to justices and constables in Chicago all it can do to them under and by virtue of this Amendment, except change the name used to describe these two offices. As a mere change of a man's name does not change the man, so a mere change of the name of a governmental machine does not change its operation and effect upon the people. It is not likely, is it, that any one would say, that an Amendment of the Federal Constitution permitting, or even compelling, us to address a man exercising the powers in Chicago now exercised by our justices of the peace as "My Lord" would be of very much importance? The view evidenced by this Amendment that the General Assembly and the people, without this Amendment, cannot "effectually" deal with justices of the peace and constables in Chicago and Cook County by a general law of uniform operation, appears to rest upon a misapprehen5ion of the opinions of the Supreme Court in the cases of The People v. Meech, 101 Ill., 200*, and Tissier v. Rhein, 130 Ill., no. But those cases go no farther than the "City Tax Act" case above referred to, because the laws there before the court themselves permitted, in the one case, dissimilarity or diversity in *Ouatre. whether any emphasis could have been laid in this case on the words, "and for such districts as are now or shall hereafter be provided by law," in Section 28, Article VI; see ori2inal draft of this section in I Debates in C. C., 974 ; 2 Debates, 1481-1487. �CHICAGO CHARTER AMENDMENT. 23 the territorial jurisdiction of justices as respects the political subdivision of the State throughout which their process might run, and, in the other case, dissimilarity or diversity in the number of justices in towns. As above shown, dissimilarity or diversity in results, so produced, renders a law obnoxious to the objection that it is a local or special law, or a law not of uniform operation. 4. The last subject of legislation specifically mentioned in this Amendment is the indebtedness of Chicago, and it purports to make a grant of power to the General Assembly to enable the city of Chicago to increase its indebtedness, or, in other words, to issue more bonds than the city is permitted to issue under the Constitution as it stands without this Amendment. The Amendment provides, in substance, that the General Assembly, with the consent of the electors of Chicago, shall have power to authorize Chicago "to become indebted to an amount" (including existing indebtedness of said city and of all municipal corporations that may be consolidated with said city) "in the aggregate not exceeding five per centum of the full value of the taxable property within its limits, as ascertained by the last assessment either for State or municipal purposes, previous to the incurring of such indebtedness." The limitation in the Constitution upon the power of municipal corporations to contract debts may be .found in Section 12 of Article IX, and, among other things, provides that "no * * * municipal corporation shall be allowed to become indebted, in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of SU<;h indebtedness." Comparing the two provisions, it will be seen that the Amendment follows closely the language of the original limitation, the differences being: ( r) The Amendment applies only to Chicago; (2) the Amendment inserts the word "full" before the word "value"; (3) the Amendment substitutes for "therein" the words "within its limits," and (4) the Amendment substitutes the words "either for State or municipal purposes," a disjunctive phrase, in place of the words "for State and county taxes," a conjunctive phrase. The only points that need be considered are the legal significance of the insertion of the word "full" before the word "value," and of the substitution of the disjunctive phrase, "either for State or municipal purposes," in the place of the conjunctive phrase, "for State and county taxes." Whether the insertion of the word "full" before the word "value" works a material change in our Constitution depends upon the meaning of the word "value" as used in the original limitation upon �24 BULLETIN OF THE LAW SCHOOL. municipal indebtedness. When considering the meaning and practical operation of said limitation, it is necessary to keep in mind that the value of property is one thing, and the mode or manner of ascertaining that value is another and different thing. In 1870, when our Constitution was written, and throughout the history of this State, down to the year 1898, the value of property upon which taxes were to be extended, meant its full, fair, cash value, that is to say, the amount it would bring at a fair, voluntary, bona fide sale, and the law required the assessors to set down on their li5ts that full, fair, cash value as a basis for the extension of taxes, State and municipal. But the assessors in fact never obeyed this mandate of the law, but violated it openly, flagrantly and in the wholesale, by returning values rarely as high as 50 per cent. of the true value, and often as low as, if not lower than, 15 per cent. of the true value, as the full, fair, cash value of property for taxation, and making oath to the returns. The people, except the school teachers of Chicago in 1900 (State Board of Equalization vs. The People, ex rel. Catharine Goggin, et al., 191 Ill., 528), and all Departments of the Government have always winked at this notorious and wholesale violation of law by our assessors. (Bureau County vs. C. B. & Q. R. R. Company, 44 Ill., 229). When this customary wholesale violation of law by our assessors is kept in mind, and, as Mr. Medill said in his speech in the Constitutional Convention in support of this limitation on the amount of municipal indebtedness, "We are foolish if we lay this out of view," it becomes at once apparent that, if our constitutional limitation upon the amount of municipal indebtedness has become inconvenient for Chicago, the fault does not inhere in, or flow from, anything in the Constitution. The speech of Mr. Medill, above referred to, expounds this constitutional limitation upon the amount of municipal indebtedness, and its operation in practice, with great lucidity, and completely demonstrates, that, under it, if a way can be found to compel our assessors to just stop making solemn oath to falsehoods, so gross that they are regarded merely as innocent contributions to the gaiety of the people, and to at least approximate to the simple truth, about the true value of taxable property, the most "craving appetite" for municipal debt can be satisfied. (See I Debates in C. C., page 840; 2 Debates, page 126o) . In considering the operation in practice of the original limitation, it should also be remembered, that that limitation prohibits the running of a municipal debt for a longer period than twenty years, and requires the municipality to levy a direct annual tax sufficient to pay the annual interest on the debt, and to provide a sinking fund to pay the principal of the debt at the end of twenty years. The principle of this provision is, that each generation should pay �CHICAGO CHARTER AMENDMENT. 25 the debts that it incurs. It is believed, that Chicago has not always conformed to that principle, and that, while its authorities have always levied and collected the said direct annual tax, yet, until Mr. Kerfoot became Comptroller, they always spent the money arising from the tax, that should have gone into sinking funds, for current expenses. The inevitable result has been refunding, or the issue of new bonds when outstanding bonds matured. Under such an administration of a municipality's power to borrow money, that is to say, borrowing and never paying, any limitation upon the amount that may be borrowed is bound to become inconvenient in time. It should also be noticed, that the amounts in the sinking funds may be deducted from the aggregate amount of outstanding indebtedness in a calculation to determine whether a municipality has reached its constitutional debt limit (Stone v. Chicago, 207 Ill., 492, sro). In the year 1898, the now familiar divisor-five feature made its appearance in our tax law. Under that feature of our tax law the assessor must set down in one column the full, fair, cash value of property under the denomination "full value," divide by five, and set down the quotient in another column under the denomination "assessed value," and the taxes are to be extended upon this assessed value, and not upon the said full value. February 20, 190r, in Chicago v. Fishburn, r8g Ill., 367, the Supreme Court decided that, under this divisor five feature of our tax law, the word "value" in the said limitation of the Constitution on the amount of municipal indebtedness means the assessed value, and not the full value, shown on the assessors' lists. This Amendment reverses, or, rather, attempts to reverse, that decision, so far as Chicago is concerned, and says that, in the case of this city, the said word "value" may, if the General Assembly and the people of Chicago so will, mean the full value, leaving it to mean the assessed value, so far as all other municipal corporations in the State are concerned. But if the General Assembly should repeal this divisor five feature of our tax law, and that body clearly has the power so to do, what would become of this part of this Amendment? Would not its bottom drop out? Would it not cease to have any force or effect, for lack of a subject or object upon which to operate? The precise and exact legal effect de facto of this Amendment then, so far as the amount of Chicago's municipal indebtedness is . concerned, and so long as the divisor five feature remains in our tax law, is to make it possible for the word "value" in the constitutional limitation to mean one thing in the case of Chicago, th'a t is "full value," and another thing, that is "assessed value," in the case of all other municipal corporations in the State. But, as above stated, �26 BULLETIN OF THE LAW SCHOOL. it must be remembered that this Amendment amends the Constitu- tion in this particular only so long as the present law remains in force and effect. It is believed that no other instance can be found in the history of the making and changing of written Constitutions of a constitutional limitation upon the legislative power of the legislature, which the legislature itself may, of its own will, set aside and render inoperative and of no force and effect by the simple and ordinary legislative process of the repeal of a statute. It may not be improper here to notice the practical workings of our present tax law. The State Board of Equalization concedes officially that, in the exercise of its power to assess "capital stock" and "railroad track," it sets down in the full value column only about 70 per cent. of the true value of those kinds of taxable property, and the Board justifies this administration of the tax law on the ground that, in its judgment, and the law requires the Board to form a judgment upon the matter as a basis for the exercise of its equalizing powers, the local a5sessors all over the State set down about 70 per cent. of the true value of property as its full value. If the State Board of Equalization is right in this, then it follows, that State and municipal taxes are, under our present law, extended upon an assessed value of property which is only r4 per cent. of its true value, and the constitutional limit upon the amount of indebtedness that may be incurred by a municipality is, therefore, in fact, 5 per cent of 14 per cent. of the true value of the taxable property within its limits. When, in addition, it is remembered that the law sets a limitation upon the rate per cent. to be applied to the assessed value of property to produce the revenue needed to meet the appropriations for local municipal purposes, is it to be wondered at if, upon examination, it turned out to be literally true, that the municipal governments in some portions of the State really do lack sufficient money to adequately and efficiently perform the duties imposed upon them by the State? Is it not then fair to ask these questions: Have the General Assembly and the assessors, in their praiseworthy zeal to reduce taxes, overlooked, or been indifferent to, the unavoidable financial needs of the Government, State and municipal? Is not a reduction of taxes too costly, if the price paid must be an impairment of the efficiency of the Government? What difference does it make to the taxpayers of Chicago, now apparently willing, desirous and eager to have Chicago enter the market as a heavy borrower of money, whether they pay the additional direct annual taxes that must be levied and collected to pay the annual interest on the amount borrowed, and the principal itself at the end of twenty years (and it must always be remembered that all the coercive powers of the courts, State and Federal, are at the �CHICAGO CHARTER AMENDMENT. 27 disposal of a lender of money to Chicago to compel the levy and collection of such direct annual taxes), or whether they pay the same amount of additional taxes annually into the treasury of Chicago to be used in paying the annual corporate expenses of Chicago? Which is the better rule for Chicago, to borrow money with which to pay its bills, or to pay its bills as it goes along, using its power to borrow money sparingly? But the only point here sought to be enforced, however, is that the Constitution of the State is not at fault, if Chicago is not able to go as deeply into debt as it desires, and, hence, that this Amendment of the Constitution was not needed in order to enable Chicago to create more indebtedness. Any wish Chicago may have to borrow money can be easily gratified by the ordinary legislative process of passing a new tax law, and the ordinary administrative process of a correct and lawful administration of that law by the assessors. Does the substitution above mentioned of the disjunctive phrase "Either for State or Municipal purposes" in this Amendment, for the conjunctive phrase, "State and County taxes" in the body of the Constitution, work any material change in the constitutional limitation on the amount of municipal indebtedness? It could do so, plainly, only in the event that the assessment for State taxes differed from the assessment for county taxes, and in the further event, that the assessment for Cook County's taxes differed from the assessment for Chicago's taxes. It is true, that there is nothing in the Constitution requiring the State, county and city taxes to be extended upon the same assessment of property in Chicago. The taxes of each of said governmental bodies politic may at any time, so far as the Constitution is concerned, be extended upon entirely different assessments. Since the law of April IO, r9or (Session Laws, r9or, page 271), county and city taxes must be e~tended upon the assessment of the local assessors, and State taxes upon the assessment of the local assesso rs as equalized by the State Board of Equalization. Under said law, and under the said conjunctive phrase, "State and county taxes," in order to determine whether Chicago has reached the constitutional limit on the amount of its indebtedness, must one take the equalized assessment for State taxes, or the assessment of the local assessors for county and city taxes? If the said two assessments differ, obviously both cannot be taken. Can either be taken, or must the assessment for city and county taxes only be taken? For the purpose of determining the legal effect of the substitution of said disjunctive phrase, "for State or municipal purposes," it is not necessary to answer the question. It is enough to say that both assessments cannot be taken. And, therefore, it would seem to follow, that the con- �28 BULLETIN OF THE LAW SCHOOL. junctive phrase "State and county taxes" is really disjunctive, and means "State or county taxes." But if the General Assembly should authorize one assessment of property in Chicago for State taxes, another assessment thereof for Cook County's taxes, and still another assessment thereof for Chicago's taxes, as it may do, even without this amendment, then, in that event, in applying the original limitation on the amount of Chicago's indebtedness, which assessment should be taken, in order to determine whether Chicago had reached its limit? Does the said conjunctive phrase, "for State and county taxes," exclude from the calculation the said assessment for ~hicago's taxes? Concede that it does, then it follows, that the substitution of this disjunctive phrase only amounts to this, namely, either it permits said assessment for Chicago's taxes to be used in the calculation, or it requires that assessment to be used exclusively, even though the assessment for State taxes, and the assessment for Cook County's taxes, might be greater in amount. But on that view, is this Amendment of very much importance? Conceding that much may be said in favor of a plan of taxation which would completely divorce the assessment of property for State taxes from its assessment for all local, corporate taxes, because the extension of the State taxes on the local assessments throughout the State always has, and does now, place before the local assessors throughout the State one of the greatest of their many temptations to undervalue property within their jurisdiction, namely, to help their constituents to escape their just share of taxation for State purposes, yet is there any strong practical reason for the passage of a law requiring Cook County's taxes and Chicago's taxes to be extended upon different assessments of property in Chicago? It would seem not, and, as above stated, until such law is passed, the said change, if any, wrought in our fundamental organic law by the substitution of the disjunctive phrase, ."either for State or municipal purposes," for the conjunctive phrase, "State and county taxes," cannot come into play and action. But it is by no means certain, that there is any difference between the phases, "for State and county taxes" and "either for State or municipal purposes," other than a difference in words. When the object aimed at by the framers of the Constitution is kept in mind, and when the Revenue Article of the Constitution is considered in all its parts, it seems not unreasonable to say that, when the framers of the Constitution used the phrase, "for State and county taxes," they had in mind the two great purposes for which taxes are levied, viz: State purposes, and local corporate, or municipal, purposes, and the possibility that the General Assembly might, at some time, pro- �CHICAGO CHARTER AMENDMENT. 29 vide for the extension of taxes levied for these purposes upon different assessments. It is believed, that the expression, "county taxes,'' was not, in 1870, an unusual colloquialism used to designate all local corporate, or municipal, taxes, as distinguished from State taxes. III. To sum up: On the view that this new Amendment, on its true construction and interpretation, operates to take Chicago out from under all the limitations of the Constitution, by permitting the General Assembly, with the consent of the electors of Chicago, to legislate upon any subject embraced within the general legislative topic of local municipal government in Chicago, except the subject of street railroads, in utter disregard of each and every constitutional restriction or limitation upon the · legislative power of the General Assembly, it seems impossible to sustain this Amendment. Then, if that view is rejected as untenable, this new Amendment at the most amends only three Articles of the Constitution in very slight, wholly unsubstantial and unimportant, ways, permitting the General Assembly; (I) to confine the privilege of electing to live under a scheme or charter of local government framed by the General Assembly to the electors of one city in the State, to-wit, Chicago; (2) to abolish, with the consent of the electors of Chicago, the names "justice of the peace" and "constable" in Chicago; (3) to enable only one city in the State to-wit, Chicago, so long as the divisor five feature of our tax law remains unrepeated, to contract indebtedness, including existing indebtedness, to the amount of five per cent. of the full value of taxable property in Chicago, such full value to be ascertained by the last assessment, "either for State or municipal purposes," previous to the incurring of any indebtedness. The Amendment proceeds upon a misapprehension of the true meaning of the constitutional phrase "local or special laws" as applied to the subject of local government, and upon a misapprehension of the true meaning and practical operation of the constitutional limitation on the amount of municipal indebtedness. The said changes in our fundamental organic law, wrought by this Amendment, however slight, insignificant, unsubstantial and unimportant they may be for all practical purposes of government, are yet probably of sufficient force to bring this new Amendment into an encounter before the Supreme Court with the constitutional prohibition that the General Assembly shall have no power to propose Amendments to more than one Article of this Constitution at the same session. It seems entirely probable that the Supreme Court may declare this Amendment, and, consequently, all acts of the General Assembly based thereon, unconstitutional, and, therefore, void. It is possible, also, for the Supreme Court to declari; �30 BULLETIN OF THE LAW SCHOOL. this Amendment void, on the ground of triviality, because it touches, affects and modifies the Constitution in such slight, unimportant and peculiar ways, that, looking at the substance of things, it cannot be regarded as an Amendment of the Constitution at all, within the true spirit of the Article of the Constitution providing for its own Amendment, but comes within the application of the maxim, De minimis non curat lex, the lex being, in this instance, the fundamental organic law of a great State of the United States, and, in the words of the highest authority on such a subject, John Marshall, "In considering this question, then, we must never forget, that it is a Constitution we are expounding" (McCulloch vs. State of Maryland, 4 Wheaton, 316, 407) . This Amendment must be judged by the results produced by its actual operation upon men and things. If it be said, that this Amendment enables the General Assembly to put Chicago into a class by itself, and to give its electors an opportunity to enjoy the benefits of a "modern," "up-to-date" consolidated municipal government, it may be answered, that the General Assembly, before and without this Amendment, had the power to do the same thing, either by the instrumentality of a general local government law with a local option provision, or by the instrumentality of a general act grading the cities of the State into classes for the purpose of local government, the only limitation upon its said power being, that it must extend to the electors of other cities of the State a reasonable opportunity to attain the benefits and privileges held out to the electors of Chicago; if it be said, that this Amendment enables the General Assembly to allow Chicago the privilege of borrowing large amounts of money, it may be answered, that the General Assembly, before and without this Amendment, had the power to do the same thing by the instrumentality of a tax law requiring taxes to be extended upon the "full value" of property, and also requiring the assessors to obey the law; and it may be further answered, that, when it is remembered that all the provisions of the State and Federal Constitutions, in whatever form expressed, operate in law only as restrictions and limitations upon the legislative power of the General Assembly, the provision in this Amendment touching the amount of Chicago's indebtedness is not a constitutional restriction or limitation upon the legislative power of the General Assembly, because that body may disregard it, and render it inoperative, at will; if it be said, that this Amendment enables the General Assembly to help to abolish the names "justice of the peace" and "constable" in Chicago, and makes a referendum provision mandatory or compulsory so far as certain laws affecting the local government of Chicago are concerned, it may be answered by asking the question: Can the Su- • �CHICAGO CHARTER AMENDMENT. 81 preme Court judicially say, that the General Assembly would have proposed, and the electors would have adopted, this Amendment if they knew th<:re was nothing in it except the said provisions affecting justices, constables and the referendum? It seems clear, that said question admits of but one answer, viz: in the negative ( Cooley, Principles of Constitutional Law, Ed. 2, p. 152, Rule 8). It may also be suggested, that it is likely to prove a hard task to persuade the Supreme Court to believe, that this Amendment either extends to any appreciable extent the sphere of the mandatory or compulsory referendum in matters of local government, or adds any appreciable measure to the length or to the strength of the legislative arm of the Government to reach and correct "effectually" abuses, legislative or administrative, in the conduct of the offices of justice of the peace and constable in Cook County and Chicago. Upon any view one may be able to take of the true meaning of this Amendment, it seems quite evident that it is likely to have a stormy passage through the courts, and is in danger of being wrecked in the Supreme Court. A judgment of the Supreme Court declaring said Amendment void would do no harm. It does not, therefore, follow, however, that our representatives in the General Assembly should refuse to pass any laws upon the subjects specifically enumerated in this Amendment, if they think that laws upon said subjects are needed to promote the general good, but they should, on the aforesaid views, in order to avoid a possible miscarriage of justice, refuse to base any laws upon the purported grants of power to the General Assembly contained in this Amendment. The vote in favor of the adoption of said Amendment, even if without any legal significance, as an expression of the will of the electors, is yet of some significance in fact, and may be viewed as an informal mandate from the electors to our representatives in the General Assembly to pass laws upon said enumerated subjects. As above indicated, the General Assembly may obey this mandate, basing its laws entirely upon the Constitution as it stands without this Amendment, the danger of basing a law upon the Amendment being, that the law may be declared void by the Supreme Court, and hence may never take effect. Aside from this danger; the only practic~l difference between laws "based on" the Constitution and laws 'based on" this Amendment is, that the privilege of enjoying the benefits, and the duty of bearing the burdens, of laws based on this Amendment must be confined to the people of Chicago, while a reasonable opportunity to accept both the privilege of enjoying the benefits, and the duty of bearing the burdens, of laws of exactly the same tenor, but based on the Constitution as it stands without this Amendment, must be extended to the people of every city in the State of the same class or grade. �• �DIRECTORY The special announcements of the several departments of the University may be had on applications addressed as follows: COLLEGE OF LIBERAL ARTS, 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 Demi, Northwestern University Bldg., Chicago. DENTAL SCHOOL, The Secretary, Northwestern University Bldg., Chicago. SCHOOL OF Mus1c, The Secretary, Music Hall, Evanston, Ill. For information concerning the non-degree conferring departments, address THE ACADEMY, Evanston, Ill., PROF. ARTHUR H. WILDE, PH. D., Acting Principal. GRAND PRAIRIE SEMINARY, Onarga, Ill., REV. FRANK G. BARNES, D. D., President. ELGIN ACADEMY, Elgin, Ill., MR. GEORGE E. SLEIGHT, A. B., Principal. For information concerning the Theological Schools, address as follows: GARRETT 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. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series III, Number 4 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1905 February-April Date A point or period of time associated with an event in the lifecycle of the resource 1905 February-April Scripto Transcription A written representation of a document. 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ARO HfVES SERIES IV ' 1905 MAY-JULY, 5:>~, U 1'i w li"ti I t> ff#. UNIV t' },St TV NUMBER I NORTHWESTERN UNIVERSITY CHIC AG Q.:._E VAN STO N 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 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 LA w SCHOOL, in Chicago, Founded in 1859. THE SCHOOL OF PHARMACY, in Chicago, Founded in 1886. THE DENTAL SCHOOL, in Chicago, Founded in 1887. THE ScHOOL OF Musrc, 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. 1, SERIES IV, MAY-JULY, 1905. PAGE. I. Calendar of Session for r905-o6......................... 3 II. Revised List of Faculty for 1905........................ 4 III. Revised List of Courses for 1905 . . . . . . . . . . . . . . . . . . . . . . . . . 6 IV. Tuition Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 V. Requirements for Admission . . .... .... .. . .. ...... ... ... 17 VI. Address on Organizing and Advising a Corporation, by Levy Mayer, Esq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 VII. Revised List of Alumni S-::cret-:1r:es for 1905 . . . ..... . .. .. 36 VIII. List of Students for 1905 ...... . ....................... 39 IX. Announcement of Annual Alumni Banquet, 1905 . ........ 47 X. Young Men's Chri stian Association. . . . . . . . . . . . . . . . . . . . . 48 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. CALENDAR OF SESSION, 1905-1906 1905. September 25, Monday, September 26, Tuesday, September 27, Wednesday, September 28, Thursday, November 30 to December 3, December 21, Thursday, 1900. January 3, Wednesday, January 25, Thursday, Jan uary 28, Sunday, J anuary 29, Monday, February 3, Saturday, February 5, Monday, February 12, Monday, February 22, Thursday, May 26, Saturday, May 30, Wednesday, May 31, Thursday, June 21, 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. Founder's Day. First Semester Ends. Second Semester Begins. Lincoln's Birthday. Washington's Birthday. Lectures Close. Examinations Begin. Commencement Day. Memorial Day. MEMBER OF THE ASSOCIATION OF AMERICAN LAW 3 SCHOOLS Lectures �II. REVISED LIST OF THE FACULTY FOR 1905.* THOMAS FRANKLIN HOLGATE, Ph. D., A cting 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. CHARLES CHENEY HYDE, (A. M., Yale U niversity; LL. B., H arvard Uni versity) Associate Professor of I.aw. ALBERT MARTIN KALES, (A. B., LL. B., Harvard U ni versity) Associate Professor of I.aw. SAMUEL ADAMS, ( A. B., Harvard University; LL. B., Northwestern University) Professor in the I.aw of Procedure and Practice. JOHN HENRY SHELDON LEE, (A. B., Harvard University; LL. B., Northwestern u niversity) A ssistant Proft ssor in the Law of Crimes and Crimi11al Procedure. CHARLES GEORGE LITTLE, (A. B., Amherst College ; LL. B., Northwestern University) Associate Professor of Law. HENRY SCHOFIELD, (A. M., LL. B., Harvard University) Professor of Law. LOUIS MAY GREELEY, (A. B. , Harvard University) Professor in the Law of Conveyancing, Mortgages, Carriers, and Commercial Paper. LEVI HARPER FULLER, (B. S., Upper Iowa University; LL. B., Iowa State University) Professor in the Law of Procedure and Practice. *Arranged, with the exception of President and Dean , within. each group in the order of seniority of appointment. 4 �REVISED LIST OF THE FACULTY. 5 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. MITCHELL DA VIS FOLLANSBEE, (A. B., Harvard University; LL. B. , Northwestern University) Professor in the Law of Procedure and Practice. Lecturer on Legal Ethics. CHARLES BYRD ELDER, (LL. B. , Northwestern University) Assistant Professor in the Law of Extraordinary Legal Remedies and Judgments. HENRY CLAY HALL, (B. S., Wabash College; LL. B., No rthwestern University) Assistant Professor in the Law of Insurance. LOUIS LEE DENT, (A. B., Harvard University) Lecturer on General Practice EBENEZER WASHINGTON ENGSTROM, (A. B., Northwest ern University) Lecturer on Voice Training and Forensics. HENRY LEE PRESCOTT, (A. B., LL. B., Harvard U nive rsity) Lecturer on Forensics. JOSEPH THOMAS ROBERT, Lecfitrer on Parliamentary Law. CHARLES ERNEST PICKARD, (A. B., University of Wisconsin) Lecturer on Trade-Mark and Copyright. CHARLES YOE FREEMAN, (A. B., Princeton University; LL. B., Northwestern University) Lecturer on Corporation Practice. HERBERT JACOB FRIEDMAN, (A. B., LL. B., Harvard University) Lecturer on Liens. DWIGHT ST. JOHN BOBB, (A. B., Northwestern University, A. M., LL. B., Harvard University) Lecturer on Public Service Corporations. JOSEPH IGNATIUS KELLY, (A. M., Ph. D., Fordham College, England; C. E., Pennsylvania Military College; LL. B., Chicago College of Law) Lecturer on Roman Law. FREDERIC BEERS CROSSLEY, (LL. B., Northwestern University) Secretary of the Law School and of the Faculty. �III. REVISED LIST OF COURSES FOR 1905-6. FIRST YEAR. FIRST TERM. Con tracts-Three hours a week. Keener's Cases on Contracts. Professor WooDWARD. Torts-Three hours a week. Ames' and Smith's Cases on Torts. Professor WIG.MORE. 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. 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 Professor LEE. Cases on Criminal Law. SECOND TERM. Contracts (continued)-Three hours a week. Professor WOODWARD. Torts (continued)-Two hot)rs a week. Professor WIG.MORE. 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 Servant in Tort-One hour a week. Wambaugh's Cases on Agency. Professor WIG.MORE. Danrnges- 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 WIG.MORE. Trusts-Three hours a week. Ames' Cases on Trusts. Professor WOODWARD. Agency-Two hours a week. Wambaugh's Cases on Agency. Professor LITTLE. 6 ( �REVISED LIST OF COURSES. 7 Commercial Paper-Three hours a week. Ames' (ases on Bills Professor GREELEY. and Notes. Eqiiity Jurisdiction-Three hours a week Ames' Cases on Equity Jurisdiction. Professor SCHOFIELD. Property ([!)-Two hours a week. Gray's Cases in 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. Persons (Domestic Relations}-Two hours a week. Smith's Cases on Persons. Professor KALES. SECOND TERM. Evidence (continued)-Two hours a week. Professor W1GMORE. Property (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 Quasi. Contracts. Professor WOODWARD. [Given in 1904-1905, and alternate years.] Sales of Personalty-Three hours a week. Williston's Cases 011. Sales. Professor WOODWARD. [Given in 1905-1906, and alternate years.] Insurance (Fire and Life)-Two hours a week. Wambaugh's Cases on Insurance. Professor HALL. Equity Pleading and Procedure-Two hours a week. on Equity Pleading; and practical exercises. Professor ADAMS. Public Service Corporations (Railroad, Telegraph, .Gas, \!\Tater, \I\Tarehouse, and similar Services)-One hour a week. Beale's and Wyman's Cases on Public Service Corporations. Mr. BOBB. Liens-One hour a week. Selected cases. Mr. FRIEDMAN. 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 FOLLANSBEE. International Law ([}-Two hours a week. Scott's Cases 011 International Law. Professor HYDE. �BULLETIN OF THE LAW SCHOOL. International Law (ll)-American Treaties and Diplomacy; topics for research. Two hours a week. Professor HYDE. Suretyship-Two hours a week. Ames' Cases on Suretyship. Professor LITTLE. Judgments and Auxiliary Legal Remedies (Attachments, Garnishment, Execution, etc.)-One hour a week. Rood's Cases on Attachments and Judgments. Professor ELDER. Constitutional Law-Three hours a week. Thayer's Cases on Constitutional Law. Professor SCHOFIELD. Property (Ill)-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. 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 of Laws. Professor HYDE. Code Pleading and Procedu.re--One hour a week. Cases on Code Professor WooDWARD. Pleading. Roman Law-One hour a week. Justinian's Pandects. Kelly's Select Titles from Mr. KELLY. 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 rs: (ll)-Patent Soliciting. Twenty lectures, with practical exercises. (/ll)-Patent Law and Practice. Forty lectures. *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 four term hou;s. �REVISED UST OF COURSES. 9 SECOND TERM. Corporations (continued)-Twc hours a week. Professor LITTLE. Corporation Practice-One hour a week. Practical Exercises m conducting corporate legal business, drafting instruments, etc. Mr. FREEMAN. Bankruptcy-Two hours a week. Williston's Cases on Bankruptcy. Professor WooDWARD. Constitutional Law (continued)-Two hours a week. Professor SCHOFIELD. Carriers-Three hours a week. McClain's Cases on Carriers; Beale's Cases on Carriers. Professor GREELEY. Conveyancing (continued)-One hour a week. Professor GREELEY. Mortgages-Two hours a week. Kirchwey's Cases on Mortgages . Professor GREELEY. Professor SCHOFIELD. Public Officers-One hour a week. [Given in 1905-1906, and alternate years.] Practice Court (continued) -Two hours a week, at a single Professor FULLER. session. Property (III) (continued)-Two hours a week. Professor KALES. Municipal G_orporations-One hour a week. Smith's Cases on Municipal Corporations. Professor SCHOFIELD. Partnership-Two hours a week. Ames' Cases on Partnership. Professor LITTLE. Extraordinary Legal Remedies (Mandamus, Quo Warranto, Habeas Corpus, etc.)-One hour a week. Eider's Cases on Extraordinary Legal Remedies. Professor ELDER. Jurisdiction of Federal Courts-One hour a week. Professor SCHOFIELD. The total number of term hours offered for selection in this curriculum is one hundred and five, the equivalent of nearly fifty-three 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 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 already takei:i by him in a preceding year. �10 BULLETIN OF THE LAW SCHOOL. 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 June, prior to the State examination for admission to the Bar. MR. DENT. Legal Ethics-Five lectures. Professor FOLLANSBEE. SCHEDULE OF HOURS. The schedule of hours is so arranged that the courses are given in general as follows : first year courses, between two and five o'clock in the afternoon; second year courses, between nine and tw elve 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 11t 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 Instruments-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. 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 m common use. . 2. Conveyancing-In the course on conveyancing the chief material of the work consists in a series of selected abstracts of title, some fifteen in a-11, representing the greatest variety of documents 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 co.u rse who has not already taken the courses Property I and II. �LEGAL WRITING, SPEAKING, AND PRACTICE. 11 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 session 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 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 three 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 r905-r906, 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 1st. The thesis 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. Legal Forensics; Revised Regulations for 1905-6. 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, �12 BULLETIN OF THE LAW SCHOOL. and the like. The instruction hitherto provided under the heads of Public Speaking and Moot Courts has been 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 is entitled Forensic Writing and Speaking. In the first year it is 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 is as follows: First year, I term hour; second year, I term hour; third year, I term hour. The first year work is 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 corresponding 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 is as follows : II. · a. Moat Courts. In the second year a Moot Court shall be held every Friday from November I to May I, 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 prevaration and delivery of argum<;nts a.nd oi;>inions of law on �FORENSIC WRITING AND SPEAKING. 13 statements of facts assigned beforehand. All statements of facts shalt 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 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 of 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 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 /, a, b and c, or the equivalent in another School. The third :J•ear work is as follows : III. a. Legal Advice Cfobs. All third year students are to enter Legal Advice Clubs, formed by voluntary selection on or before October 10, 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 �14 BULLETIN OF THE LAW SCHOOL. 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 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 fttstice. 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 1905-6.) 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 not less than eight cases in thE' year. PRESCRIBED COURSE OF READING IN LEGAL HISTORY, BIOGRAPHY, AND JURISPRUDENCE, BEGINNING WITH 1905-6. Course A. (First Year). Introductio11 to Legal History and the Study of the Law. Materials for prescribed reading: (a) Blackstone's Commentaries (any edition) ; Introduction, Sections 1-4; Book I, Chapters 1, 2, S, 9; Book III, Chapters 3, 4, S, 6, 7; Book I, Chapters II, 12 ; Book III, Chapters 17-19, 20-24, 25, 26, 27; Book IV, Chapters 19-24, 25, 27, 28, 29, 32; Book II, Chapters 4, S; Book IV, Chapter 33. (b) Woodruff's Introduction to the Study of Law. (c) Wambaugh's Study of Cases. Course B. (Second Year). History of the Bench and Bar. Materials for prescribed reading: (a) Campbell's Lives of the Chancellors (beginning with the life of Lord Hardwicke), and (b) of the following biographies, any one of the English and any two of the American works: Campbell's Lives of the Chief Justices (beginning with Lord Holt) ; Arnould's Life of Lord Denman; Autobiography of Lord Campbell; O'Brien's Life of Lord Russell; Life and Letters of Joseph Story; Harvey's Reminiscences (or Lodge's Life) of Daniel Webster ; Brown's Life ( or N eilson's Memories) of Rufus Choate; Memoirs �LEGAL HISTORY, BIOGRAPHY AND JURISPRUDENCE. 15 and Letters of James Kent; Memoirs of S. S. Prentiss; Caton's Bench and Bar of Illinois; Carson's History of the Federal Supreme Court; Magruder's Life of John Marshall. Course BB. (Second Year; Optional). History of the English Legal System. Materials for reading: (a) Pollock and Maitland's History of the English Law, Volume I; and (b) any one of the following works: Pollock and Maitland's History, Volume 2; Stephen's History of the Criminal Law; Selected Essays on Legal History ( as contained in the list on file in the office of the School.) Course C. (Third Year.) r. Jurisprndence. Materials: any one work under each of the following two divisions: (a) Analytical Jurisprudence: Austin's Jurisprudence; Holland's Jurisprudence; Terry's Principles of Anglo-American Law. (b) Historical Jurisprudence: Maine's Ancient Law; Fustel de Coulange's Ancient City; Lee's Historical Jurisprudence. or 2. International Law. Materials as prescribed in the regular course of lectures, International Law I. or 3. Roman Law. Materials: Any one of the following texts: Gaius' Institutes, edited by Foste; Justinian's Institutes, edited and translated by Moyle; Selected Titles from Justinian's Pandects, edited and translated by Kelly (this being the text used in Mr. Kelly's course of lectures given in the school). or 4. History of Germanic Law. Materials: Any one of the following works: Heusler's Institutionen des deutschen Rechts; Brunner's Deutsche Rechtsgeschichte; Brissaud's Manuel d' histoire du droit francais. Regulations for the fo1·egoing work: (I) For graduation, a credit of not less than Grade C, averaged for the whole three courses, must have been obtained in Course A, Course B and Course C, I or 2 or 3 or 4. (2) A credit of one term hour will be given on passing the examination in each one of the above courses of reading, as well as in the optional Course BB. A student may cumulate these credits, by passing in Course BB or Course C, 2, 3, or 4, or all, in addition to the required minimum of three courses prescribed under Rule I, above. (3) An examination will be held at the beginning of the first term of the year and at the end of the second term in all of the courses, and, for Course A, also at the end of the first term, but notice must be filed in the Secretary's Office at least two days before the announced date of examination by each student intending to take it. Students are urged to do the required reading during the siim- �16 BULLETIN OF TH£ LAW SCHOOL. mer vacation, and thus to avoid carrying the work in connection with the regular curriculum. A student failing at any examil'lation may take the next regular examination, if he has reviewed the work. A student may take any of these examinations at any time after entering the School, no matter to what class he belongs. A student entering with advanced standing need not take Course A. (5) A student who, at a 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 Course as required in this School; but may also obtain credit by doing the work of any remaining Courses not elsewhere taken. (6) No lectures are given in any of these Courses (except C, 2 and 4, the lecture courses of International Law and Roman Law) ; 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. (7) The credit in any of the Courses C will count as one of the required ten term hours of the Third Year. (8) 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. (9) The requirement of the above Courses for graduation applies to students entering the School after Ji.me I, 1905, and to no others. IV. 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 rst, January roth, and March 3rst. A rebate of five dollars is allowed to students who pay the entire tuition in advance on October rst. 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. In addition to the tuition fee, in all cases, a matriculation fee of five dollars is charged, payable once only, upon entering the School, and a rental fee of one dollar per year is charged each student using a locker. 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. �REQUIREMENTS FOR ADMISSION . 17 PRIZES. r. 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 Writing and Speaking (I a, b, c, and d), and shall, in public competition at the completion of the course, be adjudged most proficient in the work of the course. In 1904-1905 the Towle Prize of $mo was awarded to William Harrison Haight, B. L., of 'the second-year class, and the Towle Prize of $50 to Charles Edward Swanson, A. B., of the first year class. The question debated concerned the constitutional status of executive agreements of arbitration as international treaties. 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 the entire course. In 1904 the Callaghan Prize was awarded to Clayton Jackson Barber, Ph. B., of Springfield. V. REQUIREMENTS FOR ADMISSION . Persons applying for admission as regular students must answer the following requirements: Age-They must be not less than eighteen years of age. Preliminary Education-A candidate for a degree must have a preliminary general education equivalent to that of a graduate of a high school. For proof of such education any one of the following instruments will be accepted: A diploma from an accredited high school; a certificate showing admission as a regular student to the college of liberal arts of this university or to any college in good standing; or, a certificate from the principal of a high school or a superintendent of schools showing that the applicant has satisfactorily completed a three years' English course, consisting of Algebra, Geometry, Ancient History, Physiology, Rhetoric, Physics, and Physical Geography, each one year; Bookkeeping and Media::val and Modern History, with special reference to English and American History, one year; English and American Literature, one year; and English Composition, one year. Where proof is offered in the last mentioned form, in case of the omission by the applicant of any one or more of the studies I. 2. ), �18 BULLETIN OF THE LAW SCHOOL. named, 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 espt,cially recommended), will be accepted in lieu of such omitted study or studies. Where the applicant has not pursued the studies for which the certificate is issued in a school under the supervision of the principal or superintendent issuing sai d certificate, proof must be made on a required blank form, a copy of. which may be had from the Secretary of the Law School. The requirements stated and form of proof are also the academic requirements of th e Supreme Court of Illinois of all applicants for admission to the bar, but students are urged to pursue at least a part of a regular college course before entering the law school. 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 were substantially qualified under the above requirements at the time of first entering the school. 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 recom- �DEGREES. 19 mended therefor by the Faculty of the S~hool. 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: I. Students who have studied law for one year, either in a college or a law school in good standing, 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 permission from the Dean. 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 register for work amounting to at least ten hours a week for each year: IV. Course of Sti1dy. All candidates for a degree must pass examinations in courses amounting to sixty-six term hours (the equivalent of courses of study of eleven hours a week for three years) ; provided that in reckoning the total 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 from one-half of the ex~ aminations 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 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. �20 BULLETIN OF THE LAW SCHOOL. 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 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. �VI. ORGANIZING AND ADVISING A CORPORATION. BY LEVY MAYER, ESQ. An Address Delivered in Booth Hall, Monday, February 6, r905, in the Course on Legal Tactics. PROFESSOR Lours MAY GREELEY (introducing the speaker): It is to be our privi)ege this evening to listen to a discourse upon an important and interesting subject by one who is a master of it. The great corporate enterprises which are the distinct feature of the industrial and business development of today have afforded the lawyer his greatest opportunity for fame - and for fortune. To organize one of these mighty corporations requires legal talent of no ordinary sort. To advise such a corporation successfully in the multitude of perplexing legal situations which surround it, by reason of their varied operations, call for even rarer legal attainments. It has been said by an eminent New York lawyer that the modern corporation lawyer should be first and foremost a man of business, who finds in the directors' meeting, rather than in the courts or arena, his field; and that he need concern himself little with Kent, with Blackstone, or with masters of the general law. Such views as these can hardly be received with enthusiasm by those of us who are engaged in this systematic teaching of the general law. I know not whether Mr. Mayer will agree with Mr. Dill or not; but this I do know, that· Mr. Mayer was well known in this community as a thorough, successful, general practitioner even before he had attained national reputation as an organizer and officer of great corporations . He, therefore, is able, qualified, and capable to talk upon any question of corporations as an expert. I take great pleasure in introducing to you, on behalf of the Faculty of this School, th e speaker of this evening, Mr. Levy Mayer, of the Chicago bar, who will address you on the subject, "Organizing and Advising a Corporation." MR. LEVY MAYER: I have not prepared a set speech, only an informal discourse. I never do. I don't mean to indicate that I either go into court or into the consultation room unprepared; but I shall talk to you tonight as the topics occur to me. I do not know whether it will be fair to you to start out by a discussion of the conundrums and obstacles that lie in the way of the legal formation of the larger corporations. If it be your 21 �22 BULLETIN OF THE LAW SCHOOL. experience as it was mine, the probability will be that the capacity for the formation of larger corporations will not come during the first few years of your professional career. That does not mean, however, that the experience which you will be gaining in the formation and advising of incipient and smaller corporations will not stand you well in hand. Speaking personally, I believe that the experience that I had during the first ten years that I was at the bar in the rough and tumble part of the practice of attachment su\ts and replevin suits, and all the various suits known to a lawyer in his first years, have helped me to formulate certain knowledge of principles, which I believe have been by far the better and more advantageous part of my legal education. In the formation of a corporation, immediately at the threshhold, two or three prominent factors will present themselves. I am assuming now, that the project will be a legitimate, bona fide corporation, laying aside mere schemes and corporate balloons. I shall endeavor to address myself to that part of a corporate existence which occupies the field of legitimate enterprise·; and it does not at all follow, because a corporation is a large one in its aggregate corporate securities, that it is either a fake or a myth. Take as an illustration, we will say, a corporation whose assets are from a million to five millions of dollars. Let us assume that you are now in your own office; that you have either the good or bad fortune to have a committee of men wait upon you to discuss the legal formation of a legitimate corporation, and I assume, of course, that your offices where you will be consulted are here in Chicago, governed by the law of Illinois. Reputable merchants, with successful, industrial enterprises are now in your office conferring with you from the initial point, in reference to the formation of a corporation-not necessarily for public flotation, but a corporation into which can be poured certain individual properties belonging either to individuals as persons, or individuals as distinct corporations. The first question that your client will ask, and which you will necessarily be called upon to answer will be: Where shall this corporation be organized? Now what are the salient features that guide your legal judgment in giving this advice? First and foremost, necessarily first, will be the question of expense. And that i. a matter which you can readily determine by looking at any one of a dozen different publications in which there will be scheduled the amount of the fee to be paid to the particular State for granting the charter, and next; the amount of tax that will be collected of the corporation annually. These are things that you can measure with a tape rule of a hundred cents on the dollar. They are im- �ORGANIZING AND ADVISING A CORPORATION. 23 portant only in enabling yon to advise your client what the actual cash outlay will be to complete the formation, and, after its formation, to continue the legal existence of the corporation. Those items are important where the capitalization of the corporation runs into large figures; but, as I have said, these are matters that you can determine merely by the eye, and almost without the use "of the brain, because they are printed and can be found in almost every law office, published in parallel tables, which indicate what the charges are. Your client, of course, will be interested in knowing what the expense of the formation will be, and what the annual tax will be. Those preliminaries once gotten over, you are confronted with propositions for which only years of experience can even furnish the slightest assistance in helping you to arrive at a fairly proper conclusion. The purpose of the corporation, its objects, and the place where it proposes to do business, are extremely important features, whether it is undertaking to acquire the ownership of properties or the ownership of the capital stock of corporations which in turn own the properties. A concrete illustration will serve my purpose. An individual proprietor owning property in New York, in the shape of a manufacturing concern ; another proprietor owning property of a similar character in the state of Pennsylvania; another in Ohio; another in Illinois. I select those states arbitrarily, not becau.se they will create greater or less difficulty than will the laws of any of the other states. Now assume that individual ownership is corporate ownership, That is to say, that the property in New York is owned by an individual, which is a corporation, and so on in Ohio, Pennsylvania and in Illinois. So that the new corporation, which is to be formed, will immediately, when organized, have in hand an enterprise the conducting of whose business will extend into, if not over, four different states. The question will be propounded to you by your client, and by yourself, where shall that corporation be organized? If you organize it in Illinois, you are confroi1ted by the proposition that an Illinois corporation cannot acquire and legally own capital stock of other corporations. In other words, the capital stock of your New York, your Pennsylvania and your Ohio corporations cannot legally be acquired, owned and controlled by your Illinois corporation. Thereupon, you say to your client, this corporation, if we form it in Illinois, cannot own the capital stock of those other companies. You advise your client to acquire in the new company the actual ownership of the properties in the different states. Your client replies that it won't subserve his purpose, that he wants to keep the enterprises distinct and separate entities. They have different names; they have different good-wills �24 BULLETIN OF THE LAW SCHOOL. in their corporate formation ; so he insists that those corporate existing entities shall continue in their individual separate, distinct existence. Then you reply, and you will reply legally, that this corporation cannot be legally formed under the law of Illinois, so as to successfully stand absolutely free from legal attack. Your client ~vill ask, and you will answer, that under the law of this state, this new corporation, if formed here, cannot own stock. Your client will say, and the question arises at once, whether you are going to acquire all of the capital stock of those separate existing distinct companies in those different states. And if your client says all that stock is to be acquired, then your reply will be that such a corporation if organized here, cannot continue, but will be subject to the possible attack by the State officials as represented by the Attorney-General or State's A ttorney. I have known of no instance in my practice where such a corporation has been attacked either by the State or county officials, that is either, the State's Attorney or Attorney-General. I refer now to corporations whose business .is of a private nature. I do not think that in twenty-five years, if ever, in this State, has the Attorney-General or the State's Attorney attacked such a formation. And yet the very fact that now the law opens the door to such an attack, and that such an attack, if made, will probably be · successful, will immediately lead you, as it should lead you, if you are circumspect and conservative, to advise a different domicile, a different locality for the corporation. And that is one of the main reasons, that is probably the leading or principal reason why corporations of the larger character, embracing properties located in different States, seek refuge under the laws of a State where such a course is permissible. Now, I have said only lawyers who are conservative should advise corporations. I say that with very much premeditation. Individuals, like States of the Union, have very great power, practically unlimited power in their rights, except in a few instances where the States are restricted by the National Constitution, and where the individuals are restricted by State laws. Corporations, on the other hand, occupy just the extreme antipodes of that position. They have no power except those which are expressly and necessarily implied. Therefore, in advising an individual, you are entirely free from the necessity of ascertaining or inquiring if the individual is a citizen of the United States, and not an alien. You are entirely free from all occasion, free from all necessity of inquiring what the law permits him to do, because the law permits him to do everything, except in some instances where the criminal code is applicable. But not so with the corporation. Your inquiry into the law as to the corporation must be, what does the law permit �-------------- ORGANIZING AND ADVISING A CORPORATION. r r 25 him to do? With the individual the question is, what does the law prohibit him from doing? So that I say the necessity of conservatism an"d care on the part of the lawyer who advises a corporation is much greater than the care that is expected or required of the same lawyer advising individuals with reference to interests of the same _m agnitude. Coming back to the concrete case that I have been talking about. Once being satisfied that your client insists upon keeping the corporate existence of the separate corporation intact, you must inevitably conclude that an absolutely safe forum or domicile will not be the State of Illinois. Then you are confronted with the question, if you cannot organize in Illinois with absolute safety, where will you go? As a lawyer, you will investigate, and you will pick out some State under whose laws corporations can be organized, and by the Legislature are permitted in the express charter entered into for their existence, to hold stock in other companies ( without undertaking in any way, in any remarks that I am about to make to you tonight, to say what State is a preferable State in -which such a corporation should be organized). There are a number of those States whose Jaws are liberal, such as New Jersey, Maine, West Virginia, New York, and several others that may be indicated, as North and South Dakota. Those are unimportant questions in the discussion that I am indulging in, except if your client have in mind the formation of a company for public exploitation. There much depends upon sentiment. People are perhaps more ready to buy securities in a corporation organized under the laws of an older established State, whose laws have become crystallized-at least more so than they probably would be in a corporation organized under the laws of North or South Dakota or Arizona. I am still confining myself to a corporation, which, though comparatively large in its capitalization, is yet a privately-classed company; because when you come to the formation of a company whose purpose is to distribute its stock among the people, whose purpose as a corporation is that its stock is to be listed on the exchanges of the country, other and sometimes far more important questions will come before you for serious consideration. For instance, you have made up your mind that the Illinois corporation laws are not broad enough to permit you, with absolute safety, to form such a company as we are considering; so immediately you go into another State where the laws are sufficiently broad. There you are confronted with the problem, if you organize in New York or New Jersey or elsewhere, and the laws of that State permit one corporation to own stock in other corporations, or certain other corporations, what will you do with Illinois where a substantial part of the �BULLETIN OF THE LAW SCHOOL. property of this proposed corporation exists? The laws of this State, as I have indicated, are now settled that the corporation cannot own stock under the circums.tances. Then the query- immediately arises, can a corporation of New York acquire capital stock of an ~rganization organized under the laws of the State of Illinois? You no sooner jump from one problem that you think you have answered, than you are confronted with a problem of equal, if not greater, difficulty. You think you have avoided that obstacle created by the Illinois law against holding corporate stock, but you have found a State whose Legislature permits a company to own stock in other corporations. Then you meet with another corporation law of Illinois, which provides that no foreign corporation, doing business in Illinois, has any greater power than a domestic corporation . Bear in mind that a large part of this property of this proposed corporation is located here, and your client insists it is sine qtw non that the property must be taken in. We have gotten away from Illinois, and have gotten into a State where you can form a corporation with express power to hold stock in another corporation, and yet I say you are confronted with the law of Illinois, which says that the corporation cannot do here what the domestic corporation cannot do. Well, what are you going to do about that? The acquisition of the Illinois property is essential to the completion of your clients' project, so it becomes necessary according to that to finally state to your client that in order to be absolutely safe and be able to work successfully with the property in Illinois, they had better abandon the idea of obtaining the capital stock of that corporation. He will therefore probably conclude that the corporation shall become the owner of the property in Illi~ois by absolute deed of conveyance of the property of the Illinois corporation. The foreign corporation, having complied with our laws in buying and filing its charter and paying its license fee, is authorized to do business here, and to make it absolute owner of the property. But you will go one step further, and you will say to your client, 'if you are conservative and cautious, that your client had bettter take the capital stock of this Illinois corporation for the purpose of double security; and the result will be that the seller by disposing of his property to the new company, will, so far as Illinois is concerned, have conveyed by deed the property to the New York or New Jersey corporation; and also all of the capital stock of this Illinois corporation will, by our conservative and cautious lawyer, have been transferred so as to put it outside of the power of the Illinois company, and then no shareholder in the Illinois company can at any time interfere with the consummation or the continuation of the project that you, as a lawyer, have had in hand. '- . I ! �ORGANIZING AND ADVISING A CORPORATION. l 27 But you may also meet the proposition, in the formation of this particular corporation that you have in hand, that the owners of all but one share of the capital stock of the Illinois company are very anxious to get into the project, but they have in their midst -the owner of one share, who, for reasons needless to be characterized, but yet being the owner of that share of stock, is entitled to the panoply or the legal protection, which the law gives him, the same as though he owned the larger part of that stock. Bear in mind that in the formation of these larger corporations it is the exception, and not the rule, that there is unanimity among the stockHuman nature is so constituted in the formation of holders. these enterprises, and the reward of success is so great, that occasionally you will find some zealous shareholder, who is not satisfied with the equitable and equal pro rata distribution of the purchase price. Now, if you happened to be in Illinois, and you have been for days and weeks conferring with your clients and never have succeeded in convincing them that they should not take the capital stock, but should take the property, and when you are ready to consummate the deal, you find there is this owner of one or ten shares who says that he objects to the transaction. And if he does, unless you are prepared to carry your project through, boldly but secretly, there is no way known to the lawyer in this State by which such a transaction can be at the present time successfully consummated and protected. In order to avoid the effect of just such a situation, a number of states like New Jersey and Maine and I think New York have recently enacted legislation, which this State needs. By that legislation, in the case of a protesting minority share-holder (and I am assuming now that all of the transaction you have in hand for your clients is utterly bona fide and free from taint of fraud) by that legislation the interest of those protesting minority share-holders can be condemned. That is to say, as in Maine, a meeting is called, thirty days' notice (as I recall it) is given, and if during those thirty days there is no protest against the sale, the sale can be consummated; but if there is a protest, proceedings can be instituted by the corporation in court to have the actual value of the dissenting stock ascertained, and the decree, when satisfied, is precisely like a decree or judgment condemning property under the eminent domain law, with one exception. Under the eminent domain law, the judgment or decree of condemnation simply converts the property to a public use, and when the public use is abandoned it reverts to the original owners; while the stock, when condemned under the laws of the States, as I have indicated, becomes absolutely cancelled and wiped out. But that is only one of the features- �28 BULLETIN OF THE LAW SCHOOL. I was almost tempted to say one of the little features-that will confront you. I am keeping you largely in the domain of Illinois, where I have no doubt all of us are practicing or intend to practice. Now, coming to the formation of this corporation, no matter what State you intend to incorporate in, you are asked to draw up the charter. And let me in passing here say that no matter how versatile your talents may be, no matter how broad your experience, and how acute your knowledge, never, in the case of corporations, the magnitude of whose enterprise justifies the expense, never rely exclusively upon your own opinion as to what the law of another State is. Always, nothwithstanding your investigations, notwithstanding the certainty of your judgment, if the enterprise admits of the expense, I say always, after your work is done, ask the opinion of local counsel upon the work that is local to a foreign State. Now, in the case I have put, you are forming this corporation in Maine, or New Jersey, or New York, you have gotten over the law of Illinois, and the law of those States, which may be similar to Illinois; your client will next ask you, how about my liability in the new company for the stock that is issued? Bear in mind that the corporation that your client is forming is one large company, one central company, into which he proposes to transfer the properties of smaller existing corporations, and, as his lawyer knows and necessarily so, the capitalization of the new company will be somewhat larger than the total capitalization of the formerly existing companies; and the reason is manifest. The existing corporations, one or more of them, may have a surplus, or one or more of them may have a greater surplus than the others or a greater earning capacity than the others; the value of their good-will may exceed that of the value of one or more of the others. So, in the forming of the new companies, those items are put in as assets. I am assuming all the time that you have nothing to do with the business part of the proposition, that is, _with the actual value of the items; with the success or unsuccess of the enterprise, but that you are strictly on the right side of the line drawn between the business end and the legal end. If I may divert a bit here, Jet me by way of suggestion again impress upon you, that when you step over the line which separates the legal department of this enterprise from the business side, so that you yourself ate becoming a factor in the business part, and thus are a partner in the enterprise,-let me again caution you, that when it occurs, if it ever does, that you are associated with your clients in the business transaction, then your client needs another lawyer. Don't forget that. The most embarrassing, the most �ORGANIZING AND ADVISING A CORPORATION. 29 serious, and the most offensive difficulties that come into a law office, where questions of this kind arrive for advice or litigation, are the cases where a lawyer is called upon to deal with the transaction in which a brother lawyer has been the legal adviser and the business partner in enterprises or business transactions of the kind I am alluding to. The trait of human nature is not yet strong enough by which the lawyer, who becomes a partner with his client, can under all the circumstances advise that client, who is his partner, with the full faith, sagacity and integrity, if there comes a conflict of business interests, which professional honor and professional ethics require of every lawyer who means to make, or deserves to be, a success. It is a subject which is not infrequently overlooked by most of the lawyers in their earlier associations with corporate enterprises of that character. I don't mean that it happens every time that a complication arises of the character that I have indicated, but such cases are not, I am sorry to say, infrequent. Therefore, in addition to one or two rules, if I may assume to call them rules, rather postulates, if I may assume to suggest those to you, always abstain from being the lawyer upon whom your client relies, if you are connected with him as your partner in the enterprise. But to come back to the point from which I digressed, the issuance of the stock of the corporation to pay for the properties to be acquired by the new corporation. The new capitalization being as I have indicated, probably, and in fact in almost every instance in cases of the value of the physical property, you are confronted with the question, how about making that stock free from the possibility of assessment? As I have said, in West Virginia, New York, Maine and other States (not so in Illinois), the law is that if the board of directors in good faith take the property in payment for the capital stock, then the capital stock is forever thereafter free from attack of creditors or others on the ground of not being paid up. That was one of the reasons, and an important reason, why so many lawyers sought refuge in the States that I have named. It may, however, be somewhat surprising to you when you are told that if you organize in those States, your charter will provide, it must provide, something to protect you when you do business in other , States -if you propose doing business not only in Maine or New Jersey or New York, which is the principal place of your incorporation, but in other States which your charter designates. I shall assume that many of you have seen these charters. They are a sort of an "A B C" now-a-days in almost every lawyer's office, and the printed forms are distributed through the mail. Many of the larger corporations are formed in New Jersey, these charters indicating the place or places, the State or States where the corporation will do business as created. �80 BULLETIN OF THE LAW SCHOOL. Now, this is a very sensitive situation. Suppose now that you are forming a corporation in New Jersey, and your charter states that you propose to do business in New Jersey, in New York where a part of the property is located, in Pennsylvania, in Ohio, and in Illinois. The United States Supreme Court has rendered a decision . very recently, which has been a surprise to most of us lawyers, who had believed that when a corporation formed in a particular State, the law of that State measures the liability of its stockholders; in other words, that if under the laws of New Jersey the stock be paid up in the manner I have indicated, then a stockholder is forever free from liability. . But recently the Supreme Court has held that where a corporation is organized in one State for the purpose of doing business in specific other States, then those who become stockholders in such a corporation become liable under the laws of those States specifically named in the charter. The_case is found-well, I am not going to weary you with citations; being from the Federal Supreme Court, it will be undoubtedly followed in most of the States. This decision applied to a Colorado corporation, which was formed under the laws of that State, and in its charter it asked the power to do business in California. But it so happens that under the laws of California the stockholders are liable as partners. This may be news to some of you; but it is the law. Stockholders in California have been for years considered as partners, and the effect of this law is to render them liable to domestic creditors residing in California. Stockholders of a foreign corporation are thus liable to the domestic creditors the same as though they were partners. This particular Colorado corporation did business in California; it became insolvent, and its stockholders were sued by California creditors, and the stockholders were held liable by the United States Supreme Court as partners under the laws of California, notwithstaning the fact that the corporation was organized in Colorado, and notwithstanding the fact that the Colorado statute said that there was absolutely no liability on the part of the stockholders at all. This incident is another indication of the many, many difficulties, some of which are insurmountable with any degree of certainty. Well, suppose you have that propo_sition to solve, so that you will say to your client, if your client' asked you about it, that by going into New Jersey or Maine or New York or West Virginia, they will not escape their liability as stockholders which they have in Illinois under the law of Illinois in cases of insolvency, even though they have the express power to do business in Illinois. As you are probably a.ware, in Illinois, the stockholders are liable even if the stock is issued fully paid up, unless in fact and in good faith �ORGANIZING AND ADVISING A CORPORATION. 31 the stock when issued has been paid for in equivalent stock of the par value in money or money's worth or in property taken at a fair market value. That is not the only difficulty that is going to menace you. You will then have before you the question not only of the liability of stockholders, but you will have also the all-important question of the liability of the directors. Are the directors liable in case of the distribution of the assets in the way' of dividends, even though the directors may not be apprised of it? In New York, until last year, the law expressly provided that directors, where dividends are declared and the dividends have not been earned, are liable to the creditors of the corporation, and the corporation itself for the full amount paid up, even though the directors had no knowledge of this payment. In Illinois we have a statute not quite so broad as that, but which still makes the directors liable if they pay dividends the result of which is to diminish the capital stock of the corporation or to render it insolvent. Then you will have other questions-and it is needless, I suppose, to say that you cannot expect me to give you the manner or the different ways of solving the conundrums; I am simply suggesting them, so that you may realize the manifold, the complicated questions, sometimes almost impossible of solution, that will and do confront you. The corporation and its officers will confer as to what its powers are. I have already indicated to you that corporations have powers such as are given to them by their charters, expressly or necessarily implied. But you will frequently have a client, a corporation for instance, who, no matter what course of business you may advise them, nor whatever you may tell them the law is, they will say necessity requires that they shall do certain things. And they will want to know what the consequences will be. The same act done or suffered by the same corporation, if organized under the laws of one State, will be valid, and if organized on the contrary in another State, will be invalid. I refer now to the doctrine of ultra vires. In the United States courts, like the courts of Illinois, it is settled that if a corporation does an act, which it is not authorized to do by its charter-as for instance, if a corporation organized to run a dry goods store should purchase a brewery, and the title for the brewery should be conveyed to it, and the corporation, not paying the purchase price, being sued therefor, it could defend under the contract on the ground that it had no power to purchase that brewery, and could successfully defend; that being the extreme doctrine of ultra vires, as enunciated by our Illinois courts, which in turn have followed the federal courts. On the other hand, if the same question be raised in New York or New Jersey by the same corporation-I am still speaking now of the corporation �82 BULLETIN OF THE LAW SCHOOL. which you are forming-that corporation will be defeated, because the law in New York and New Jersey is that, if a transaction is ultra vires, provided it is not prohibited by law, and is not a crime and not against public policy, after you have received the consideration you are estopped. There is one more question, possibly two, that I shall touch upon, very, very briefly. One is the absolute necessity, if you are in doubt, to give your client, if it be a corporation, the benefit of that doubt. I will continue to abstain from speaking of corporations which are engaged in public or quasi-public enterprises; I am speaking now of private corporations, private enterprises. The contrary belief is pretty generally entertained that lawyers who advise corporations are reckless and bold. The fact is the contrary. By all means, I suggest, be on the side of conservatism, and if there is any doubt, give the corporation the benefit of the doubt. The doubts arise from the tremendous, uncontrolled, and uncontrollable impetus, which Legislatures and the Courts are now giving to the doctrines of checking and circumscribing corporations and corporate enterprises. There is no certain way of knowing in advance, upon a doubtful question like ultra vires, what the courts will eventually do where there has been no final adjudication in the case in which you happen to be advising. Though the belief is entertained that corporation lawyers are bold, reckless, and fearless in advising, my suggestion is, be the reverse. Be conservative, and give the corporation the benefit of the doubt. When you have advised, and the corporation has followed the advice, one suggestion more and that is the question of compensation, which is of course the most essential and salient point, with others as with you. This is most essential to lawyers, at least in the earlier part of their practice, because it is the means by which their sustenance is secured. Ordinarily a corporate enterprise can afford to pay somewhat better, and should be required to pay somewhat more, for the same services as those rendered to an individual. I don't mean by that suggestion that it is the right or the province of a lawyer to be unreasonable or extortionate, but I rather mean to impress upon you that the measure of a lawyer's compensation depends quite a little on the responsibility that he assumes; upon the character of the advice; upon the nature of the enterprise; its magnitude, and a score of other things that enter into the environment. So that it does not at all follow, that because you have given to your corporation client one day's service, that the measure of your compensation should be the same as one day's service rendered to a private individual. Some reasons why it does not follow that they should be equal are as I have indicated. There are other reasons. One is, that a �ORGANIZING AND ADVISING A CORPORATION. 38 lawyer's compensation, measured as it should be to a considerable degree by the time and the responsibility, should, to a moderate extent at least, and can fairly, justly, morally, to a moderate extent at least, be measured by the capacity of the client to pay. I do not mean, have in mind, that you should be extortionate or unreasonable; I shall have a word to say about that in conclusion. But I don't mean to say that you cannot, fairly and justly, with every degree of propriety, legally, lawfully, morally, professionally, and otherwise, have your measure of services slightly larger when rendered to a corporation than when rendered to an individual. Now, as to this measure of services. It is, of course, utterly impossible for anybody to lay down by rules of court or statutory enactment what a lawyer's charges should justly be. Let me caution you against a mistake that is not infrequently made, and that is the mistake of overcharging, not only individuals, which is a subject that tonight I am not concerned with, but corporations. It is sometimes assumed by lawyers that a corporation, which has no personal entity, whose expense account falls on no one individual, can be charged with the same degree of irresponsibility and recklessness. It is a mistake. I am dealing, bear in mind, as I stated at the start, with corporations whose purpose is legitimate, whose functions are of a high class, and whose business is genuine and bona fide . Your charges are more carefully scrutinized in the office of the executive committee of such a corporation than they would be in the office of an individual. Bear in mind that I am referring to corporations which are run as such, where the executive committee discharge their duties and are active in the administration of its affairs. I am not alluding ·to corporations of a public of quasi-public character, as I said, which fact should be taken in connection with the suggestion that I am making. These corporations to which I am addressing myself will be circumspect and watchful of your charges, and more so than an _individual, with this disadvantage to the lawyer that if the board of directors, which frequently consist -well, of never less than three in Illinois, and sometimes as high as eleven or more-those eleven know if the charge is unjust or excessive, while in the case of an individual only one will know of it. So that it will be required, as I regard it, that the lawyer, in making the charges, to a corporation of the class I have been alluding to, should be even more cautious, from the standpoint of selfinterest, than he would be if he were dealing with an individual. But at the same time, experience leads me, I think, to the observation, with some justice, too, that you are justified, and your corporation client expects bills for this service, measured by the standard of the individual, somewhat higher-not excessively higher, but �84 BULLETIN OF THE LAW SCHOOL. somewhat higher than the standard which gauges the business you do for the individuals; and particularly so because the corporate business is of a kind, and possesses characteristics which never pertain to professional business done for an individual, because as I have indicated, the rights of the individual, the powers to contract and acquire property, give the lawyer no serious difficulty, raise no legal question here, while the power of the corporation to contract depends on so many complicated and varying circumstances. This phase of the question is that, though the same time be devoted, still a much more responsible degree of service is rendered, and therefore a compensatory compensation justifies, and in fact requires, a somewhat higher standard of charges. The few remarks that I have made will indicate that the functions of a lawyer advising men engaged in the formation and conduct of corporations are altogether different from what they were characterized to be by the gentleman named by the professor who introduced me tonight-the New York lawyer, whom I have the pleasure of knowing well. I am very much indebted to you for your patience in listening to me. �VII. REVISED LIST OF OFFICERS OF THE ALUMNI ASSOCIATION. The Alumni Association has been engaged in forming local Bra1iches 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 alland 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 Jerome J . Cermak, Esq., General Secretary of the Association (Tribune Building, Chicago), is as follows; , Alabama Vice-President William H . H. Judson, '65, Arizona Frederick S. Nave, '97, Secretary. Bessemer. Tucson. Henry B. Wilkinson, '99, Phoenix. California (Northern) Theodore W . Hubbard, '96, California (Southern) George P. Adams, '87, Colorado A. Lee Doud, Parrott Bldg., San Francisco. Bullard Block, Los Angeles. 71 S Ernest & Cramner Bldg., Denver. Georgia Ebenezer Wakely, '71, Idaho Albert J. Green, '87, Val Dosta. James E. Babb, '84, Moscow. Lewiston. Indiana Thaddeus M. Talcott, Jr., '96, Indian Ter. Harry Campbell, Iowa Robt. L. Welch, '03, Kansas Theodore H. Morrison, '95, South Bend. Sapulpa, I. T. Knoxville. 1604 Fairmont Ave., Wichita. 35 �36 BULLETIN OF THE LAW SCHOOL. Vice-President Kentucky Secretary. J. Clyde Nelson, '88, Michigan Henry F. Metzger, '97, Minnesota Sharpsburg. Sault Ste. Marie. Hon. Homer B. Dibell, '90, A. B. Choate, '83, Duluth. 410 Temple Court, Minneapolis. Missouri Jacob A. Harzfeld, '97, Montana Richard A. Harlow, '85, 525 New York Life Bldg., Kansas City. Helena. Nebraska Hon. William J . Bryan, '84Alon zo P. Tarbox, '91, New Eng. Hon. Sewell W. Abbott, '83,William F. Poole, Jr., '93, Lincoln. Wolfborough. Bennett. 185 Franklin St., Boston. Oliver L. Brown, '94, New Jersey 26 Telephone Bldg., Newark. New Mexico John H. Stingle, Andrew M. Adams, '97, New York Hon. E. H. Gary, '67, William F. Myers, '93, N. Carolina James L. Curtis, '93, N. Dakota Edward R. Sinkler, '96, Ohio Joseph D. Kerr, '84, Oklahoma Claud J. Bryant, '01, Oregon Charles H. Glos, '94, Pennsylvanill. Forest G. Moorhead, '01, S. Dakota John F. Whitlock, '82, Texas Edward W. Hander, '94, Utah Robert N. Freeman, '79, Virginia Clare E. Crawford, '97, Washington Howard N. Waterman, 'oo, Albuquerque. New York City. Albuquerque. Amsterdam. Raleigh. Grafton. I Hicksville. Lawton. 218 Chamber of Commerce, Portland. Beaver. Forest City. Waco. Salt Lake City. Elmont. Boston Block, Seattle, �BRANCHES IN JUDICIAL DISTRICTS IN ILLINOIS. Vice-President Wisconsin Secretary. John K. Fish, '94, Old Insurance Bldg. , Milwaukee. Wyoming Charles F. Mallin, '94, Dist. of Col. Phillip E. Winter, '8:i, Hawaii Carl S. Smith, Japan Abo Shiosuke, '93, l\!Iexico 37 Cheyenne. 8 1 4 "A," South East, Washington. Hilo. '96, Tokyo. Hon. Wm. A. McLaren, 1 A Independencia 36, Mexico City, Mex. Switzerland Joseph S. Kennard, Lausanne, Switzerland. BRANCHES IN JUDICIAL DISTRICTS IN ILLINOIS. JUD. DlST 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, _., 0 8. John D. Gray, '94, 9. Conrad G. Gumbart, '95, IO. Frank S. Fulton, '97, rr. William L. McMahan, '92, 12. Charles B. Campbell, '97, 13. Wellington H. Shay, '94, 14. William J. Sweeney, '95, rs. Solon W. Crowell, '96, r6. William M. Mercer, 'or, 17. John E. Goembel, '<,)I, Address. Bone Gap. Edwardsville. Salem. Paris. Charleston. Farmers' Nat'! 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. �88 BULLETIN OF THE LAW SCHOOL. VIII. LIST OF STUDENTS ENROLLED DURING THE YEAR 1904-1905. THIRD YEAR. Banning, Walker, Bartlett, Josiah Calef, Oak Park. Chicago. Barnes, George Cuyer, Chicago. Bell, Eugene Whiteman, Evanston. Boggs, Richard Lee, Burnham, Frederic, Fairfield. Chicago. Casebeer, Arthur Josiah, Cashel, Thomas Daniel, Coman, Warren Eugene, Rocky Ford, Colo. East St. Louis, Ill. Chicago. Capron, Clyde, Marion. Clark, Robert Burns, Cline, Norris Burt, Combs, Ben, Dewes, Edwin Pierre, Chicago. Appleton City, Mo. Chester, Iowa. Chicago. Dobbin, David Clevland, Eggert, Alfred Robert, Eppstein, Aaron Rudolph, Stronghiwst. Charles City, Iowa. Chicago. Ewen, William R. T., Jr., Fifer, Ernest Reynolds, Chicago. Chicago. Fuller, Edward Markle, Freeark, Frederick Aaron, Chicago. Chicago . French, Howard Preston, Fulton, Louis Reginald, Sutnner. Gibson City. Guenther, Attilia, Goetz, Albert, Hamilton, Elisha Bentley, Chicago. Quincy. Herman, Charles Jacob, Howser, Roy Elrod, Chicago. Indianola, Iowa. King, Robert A., Chicago. Kagy, David Dudley, Austin. A. B., Harvard University. University of Kansas. D. S., Northwestern University. A. B., Yale University. Kansas Normal College. A. B., University of Illinois. A. B., Harvard University. University of Chicago. B. S., Northern Indiana Normal Collei:e. A. B., Harvard University. A. B., Knox College. A. B., Illinois College. Simpson College. LL. B., Northwestern University. B_. A,, Findley Collese. • �NAMES OF STUDENTS. Lewis, Harry Chester, Lighthall, Henry Schuyler, Linker, Myer, Mendota. Chicago. Chicago. Ludolph, Clarence A., Lynde, Cornelius, Rock Island. Chicago. Mackenzie, Rex, Chicaio. Martin, Harry Alvin, Meusel, Oscar Moretz, Moen, Jorgan Andrew, Chicago. Chicago. Cashton, Wis. Muller, Bernard Peter, Rock Elm, Wis. Murdock, Max, Streator. Oldfield, William A., Chicago. Otjen, William John, Osborn, Harold, Sayre, West Toledo, Ohio. Chicago. Ott, John Nash, Chicago. Penhallow, Arthur Lincoln, Chicago. Perrill, George Andrew, Bridgeport, Kas. Pirosh, George Bertram, Pitte, Hugo, Chicago. Chicago. Potter, Delos Demont, Lawton, Okla. Quitman, Walter, Rich, Ernest Paul, Chfrago. Canton, Ohio. Robin son, Charles Henry, Rosenbltm, Harry Moses, Ryden, Otto Gustaf, Chicago. Evanston. Evanston. Sandberg, Edward J., Sadler, Monte Hanauer, Sargent, Jean ;Feni, Sc.hmitt, Felix Harold, Scheiner, Frank Henry, Chicago. Cairo. Hurley. - Shultis, Charles Rooney, Quincy. Stratton, Frank Stephen, Strickland, Amos Aaron, Chicago. Sheller. Lewis Institute. A. B., Williams College. A. B., Princeton University. LL. B., Northern Indiana Law School. LL. B., Northern Indiana Law School. Northwestern University. A. B ., Northwestern Unive!sity. A. B., Williams College. A. B., Amherst College. A. B., Harvard University. B. S., Kansas Wesleyan University. Armour Institute. Kansas College. Newton Normal College. Ph. B., Northwestern University. I Ph. B., Northwestern University. A. B., St. Francis Solanus College. Chicago. Chicago. 39 �40 BULLETIN OF THE LAW SCHOOL. Stowe, Herman Wilmer, Ft. Dodg_e, Iowa. W altmire, George, Deshler, Ohio. B. S., Northwestern University. University of Ohio. Ward, Charles Ambrose, St. Joseph, Mich. Webb, Samuel Edwin, Chicago . Wengierski, Julius Francis, Chicago . SECOND YEAR. Adams, Cyrus H., Jr., Chicago. A. B., Princeton University. Alm, Arvid Gothard, Chicago. Anderson, George Fridolf, Atherton, Leslie C., Bell, Ben, Boddy, Robert William, Chicago. Goose Island. Cable, Ill. Chicago. Brothers, William Vincent, Bugee, John Arthur, Burns, William Cullen, Brink, Hal, Chicago. Chicago. Oswego, Kans. Chicago. Buek, Karl Wilhelm, Emden, Germany. Cutting, Robert Myron, Chicago. Carleton, Charles Henry, Chiles, Lewis, Capron, William, Jr., Chicago . Chicago . Marion. Candee, Robert, Evanston. Cohan, Benjamin Edward, Collins, Kenneth Prentice, Colton, Chauncey Corey, Chicago. Chicago. Danvers, Mass. Davis, Warren Marcus, Oakland, Cal. Dickinson, ~rancis Reynolds, Chicago. Engstrom, Ebenezer Washington, Evanston. Eddy, Morton Hoit, Chicago. Finerty, John F., Jr., Finley, George Alvin, Fulk, George, Chicago. Sitgar Grove. Evanston. Gannon, Edward Ronald Chicago. Goldstine, Isaac Oscar, Chicago. B. A., Augustana College. University of Chicago. University of Chicago. King William Gymnasium. A. B., University of Michigan. University of Illinois. A. B., Princeton University. B. S., Dartmouth College. University of California. A. B., Harvard University. A. B., Northwestern University. A. B., Williams College. A. B., De Pauw University. Ph. B., University of Chicago. �NAMES OF STUDENTS. Gunsul, David Harvey, Haight, William Harrison, Aurora. Cambridge, Wis. Herbert, Joseph Ignatius, Hun, Anthony, Chicago. T1Vinnetka. Kersten, Walter George, Kolb, Theodore Augustus, Chicago. Chicago. Krause, Hugo Foster, Chicago. Lucius, Albert Edward, Chicago, Martin, Andrew Aloysius, Mies, Frank Peter, Chicago . Saunemin, Ill. McCord, Downer, Chicago. Milchrist, Frank Thomas, Moore, 'Willis Samuel, Morrison, John Hollenback, McCormick, Robert Rutherford, Chicago . Chicago. Hillsdale, Kans. Chicago. McNeil, Robert Lincoln, New Berlin. Nordhold, Robert J., Romans, Harold Alben, Romans, John Brown, Chicago. Denison, Iowa. Denison, Iowa. Rundall, Charles Owen, Chicago. Secord, Frederick, Smietanka, Alexander Michael, Straus, Ira E., Chicago. Chicago. Chicago. Steinbrecher, Paul, Chicago. Thomason, Samuel Emory, Chicago. Vlachos, Andrew John, Chicago. \,Varner, George Raymond, Wilcox, Jesse Franklin, Winston, Garrard Bigelow, Somonai1k. Chicago . Chicago. Winnen, Victor Charles, Wright, Walter Hamilton, Chicago. Perrysburg, Ind. Yates, Robert Mortimer, Ra·msey. B. L., University of Wisconsin. B. A., Harvard University. Concordia College. Ph. B., Milwaukee State Normal School. · A. B., University of Michigan. B. S., Northwestern Unive rsity. A. B., Yale Un iversity. B. A., Yale University. A. B., Illinois College. Northwestern University. Northwestern University. University of Chicago. University of Chicago. A. B., University of Michigan. ... LL. B., University of Greece . A. B., Yale University. Wabash College. 4t �42 BULLETIN OF THE LAW SCHOOL. FIRST YEAR. Allen, Harry Irwin, Huntington, Ind. Allely, George Joseph, Adams, Francis, Jr., Chicago. Chicago. Ballard, Howard Thompson, H anipden, Mass. Beaubien, Alexander Falconer, De Kalb. Bieszki, Henry Albert, Blu, Elmer Francis, Chicago. Milford. Boeger, William Fred, Bogheas, Demetrius, Proviso. Chicago. Bullock, Walter Laughlin, Carmody, Michael Lawrence, Cohen, Lawrence Alfred, Crossman, George William, Cuneo, Walter Eugene, Davenport, Kenneth Howard, Millerton, Kans. Chicago. Chicago. Edwardsville. Chicago. Creston, Iowa. Davidson, Frederick Arthur, Dodge, Malcolm Earl, Dodson, Harry Lee, Dvorak, Henry, Flanders, Fred Chester, Forstall, James Jackson, Bata·via, Iowa. Chicago. Chicago. Chicago. AHrora. Chicago . Frake, Allen, Chicago. Frantz, Ezra Jacob, Gillson, Charles Burton, Cerro Gordo. Wilmette . Granberg, Oscar Emil, Gregory, Frederick La Rue, Chicago. J acksonvillc. Hansen, Edwin Carsten, Hausser, Arthur H . M., Chicaf!.O . Chicago. Hill, Roy Wilson, Chicago. Hogan, Robert Emmett, Hollett, George, Howison, Hugh Alexander, Chicago . Chicago. Chicaf!.O . Huszagh, Harold, Chicaf!.O . B. S., Northwestern University. A. B., Amhe,·st College. B. A., Amherst College. B. A., Beloit College. Northwestern University Academy. University of Greece. A. B., Northwestern University. B. S., Princeton University. A. B., University of Chicago. S. B., Massachusetts Institute of Technology. B. S., Illinois College. Northwestern University. B. S., Rose Polytechnic Institute. A rmour Institute. Lewis Institute. �NAMES OF STUDENTS. Jarrell, James Thomas, Jr., Felton, Del. Judah, Noble B., Jr., Chicago. Kaufman, Saling I., Krusemark, Albert, Larsen, Charles Elias, Lilienstein, Arthur Webster, Lewis, John, Lindskog, Thomas, Marshall, Robert Ferguson, Moerdyke, Nathaniel Perry, Morgan, George Gurnea, Chicago. Frankfort. Chicago. Petersbitrg. Chicago. Chicago. Harvard. Chicago. Wheaton. Murphy, John Cushing, Myers, Earl Lucian, McCaughan, Philip N., MeNeil, Oswell Lawrie, Chicago. Sugar Grove. Chicago. New Berlin. Nash, Albert Henry, Elizabeth. Nichols, George Richmond, Jr., Bozenian, Mont. Rathje, Frank, Renwick, J. Stewart, Ruebtir, Charles Arthur, Rich, Stanley, Chicago. Chicago. Oronoco, Minn. Chicago. Richter, Edward Lewis, Smith, Frank, Chicago. Ransom. Sebastian, Christian Jacob, Chicago. Shaver, Harry Lloyd, Starke, Charles Henry, Strauss, Samuel Arthur, Steven, Hiram Allen, Chicago. Chicago. Chicago. Wheaton. Stevens, George Marsden, Stevens, Ernest James, Chicago. Chicago. Stevens, Parker Gilbert, Sunderbruch, Jens Frederick, Mazon. Davenport, Iowa. Swanson, Charles Edward, Clearfield, Iowa. Tanigoshi, Katsutaro, T-Vakayania, Japan. Townsend, Barry Eyre, Chicago. A. B., Dickinson College. B. A., Brown University. B. S., Wheat,on College. B. S., Illinois College. Northwestern University. Leland Stanford, Jr., University. B. S., Hobart College. Northwestern University. B. L., St. Mary's College, Belmont, U. C. B. S., Wheaton College. Ph. B., University of Chicago. Cornell University. A. B., Knox College. University of Wisconsin. Princeton University. 43 �44 BULLETIN OF THE LAW SCHOOL. Van Ryper, James Reynolds, Whitcomb, Charles Henry, Weeden, J . V., Well es, Harry Norton, Willson, Royal Andrew, Winterbottom, Joseph Erastus, New Carlisle, fod. Albion, Mich . Evanston. Elmwood. Evanston. Jacksonville. Woodbury, Homer Whallon, Woodruff, Silas, Oak Park. Clyde, Kans. A. B., Illinois College. SPECIAL STUDENTS. Asher, \V alter Simpson, Winnetka. Batten, Ralph Ellsworth, Brown, Thomas Baldwin, Burns, "William Cullen, Crumpacker, Shepard J., Chica.go. Chicago. Oswego, Kans. Westville, Ind. Dillard, Jesse Richard, Gibson, I. T. Hart, Merwin Michael, Chicago. Henn, William Eugene, Hyman, Robert William, Jen kins, Bert Jay, Kryda, John Tennymore, Levy, Sylvanus George, Chicago. Chicago . Big Rapids, Mich. Chicago. Chicago. Meek, Marcellus Waltz, Miller, Albert Grant, Moehle, John Lewis, Morris, Frederick Thomas, Jr., McWilliams, Ralph, Chicago. Chicago. Chicago. Chicago. Chicago. Oakleaf, James, Chicago. Remy, Victor Allison, Evanston. Simmons, E. Elliott, Chicago. Simpson, Charles George, Smith, Horace Greeley, Evanston. Evanston. Watkins, Victor Thomas, Webb, Jonathan Edwards, Williamson, Ray Ferris, Chicago . Chicago. Oronoco , Minn. A. B., Northwestern University. B. S., Northwestern University. A. B., Livingstone College. Armour Institute. Ph. B., University of Chicago. A. B., Harva1d University. A. B., University of Michigan. A. B., Harvard University. 'Whitestown Seminary. Northwestern University. �COLLEGE MATRICULATES. Amherst College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Armour Institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Augustana College ................... ........ .............. . Beloit College .. .. ... ... . .... ........ . ........ .... ......... . Brown University . ......................... . ........... .... . Concordia College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cornell University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dartmouth College . ..... . .................................. . Dickinson College ........................................... . De Pauw University ........ . .. .. . . ............ ....... .... . . Findley College ... . ......................................... . Harvard University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hobart College ................... . ....... . .. ..... .. ........ . Illinois College Kansas College Kansas Normal College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Kansas Wesleyan University ................................ . King William Gymnasium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Knox College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lewis Institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Livingstone College .. . ..................................... . . Leland Stanford, Jr., University ................... .... ... . .. . Mass. Institute of Technology ............................. . . Milwaukee State Normal School . .. .. .. .. . .. .. .. . .. .. .. .. .. .. Newton Normal College ................. .. ................. . Northern Indiana Law School . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northern Indiana Normal College . . . . . . . . . . . . . . . . . . . . . . . . . . . . Northwestern University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Princeton University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rose Polytechnic Institute ............. . . . . . ................. . Simpson College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . St. Francis Solanus College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . St. Mary's College .. ............ . .. ....... .. ............. ... . University of California . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . University of Chicago . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 3 3 r I 8 5 I r 2 2 I 2 I 20 5 r I I 9 �46 BULLETIN OF THE LAW SCHOOL. University of Greece University of Illinois University of Kansas ..................... . ................. . University of Michigan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . University of Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . University of Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Williams College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \Vabash College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Wheaton College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yale University . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Whitestown Seminary ...................................... . 2 2 4 r 2 3 r 2 4 Total number of college matriculates. . . . . . . . . . . . . . . . . . . . . ro7 Total number of colleges represented...... ........ ........ 46 RECAPITULATION. Third year students . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6g Second year students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6o First. .year students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Special students . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Total ......................................... . ......... 230 �., IX. ANNOUNCEMENT OF ANNUAL ALlJMNI BANQUET, 1905. The annual banquet of the alumni of the Law School will be held Thursday evening, June 8. For the first time in the history of the School this banquet will be given on University premises. The reception prior to the dinner will be held in the rooms of the Law School (third floor, Northwestern University Building, Chicago), and dinner will be served in the assembly room on the second floor. Among the well known alumni who have been invited and some of whom have already signified their intention of being present are Governor Charles S. Deneen, Congressmen George E. Foss, Henry S. Boutell, James R. Mann, Hon. William J. Bryan, Judges Willard M. McEwen, Benjamin R. Burroughs, \Villiam M. Farmer, Frederick A . Smith, Richard W. Clifford, Harry Higbee, George A. Dupuy, Hon. Frank 0 . Lowden, Hon. Robert E. Pendarvis, and Corporation Counsel Edgar B. Tolman. Reservations for seats should be made early through the Secretary of the Alumni Association, Jerome J . Cermak, Tribune Building, Chicago. -17 �THE Y;OUNG MEN'S CHRISTIAN ASSOCIATION. The Young Men's Christian Association of Chicago has established a branch which carries on work in the three Schools in the University Building. In addition to its religious work, the Association is of service to the students in many ways. In the pleasant rooms, placed at its disposal by the University, the Association maintains a very popular social center with a well selected list of reading material, several games and a piano. T)iroughout the year the list of rooms and boarding places is kept for the use of students in settling in the city. All students are invited to make the Association rooms their headquarters during the year. As far as possible new students will be met at the train by an Association man wearing a badge. Those desiring to be so met will please write a few days in advance to Mr. Paul C. Foster, care of Y. M. C. A., Northwestern University Building, Chicago, indicating clearly on what train they are to reach Chicago, and over what road they are to come. 4-8 �DIRECTORY The special announcements of the several departments of the University may be had on applications addressed as follows : COLLEGE OF LIBERAL ARTS, The Registrar, University Hall, Evanston, Ill. MEDICAL SCHOOL, The Secretary, 242I 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. ARTHUR H. WILDE, PH. D., Acting Principal. GRAND PRAIRIE SEMINARY, o;;arga, Ill., REv. FRANK G. BARNES, D. D., President. ELGIN ACADEMY, Elgin Ill., MR. GEORGE E. SLEIGHT, A B., Principal. For information concerning the Theological Schools, address as follows: GARRETT 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. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series IV, Number 1 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1905 May-July Date A point or period of time associated with an event in the lifecycle of the resource 1905 May-July Scripto Transcription A written representation of a document. 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 NORTHWESTERN UNIVERSITY Evanston Chicago University Faculty QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. SERIES IV MAY JULY . PAGE. . Calendar Advising Corporation Levy MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyright Northwestern University. Entered Post Chicago Ill. Second . . CALENDAR OF SESSION . . J 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. Founder' Day. First Semester Ends. Second Semester Begins. Lincoln' Birthday. Washington' Birthday. Lectures Close. Examinations Begin. Commencement Day. Memorial Day. MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS II. REVISED LIST OF THE FACULTY FOR .* THOMAS FRANKLIN HOLGATE Ph. D. A 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. CHARLES CHENEY HYDE (A. M. Yale U LL. B. H Uni ) Associate Professor . . ALBERT MARTIN KALES (A. B. LL. B. Harvard U ) Associate Professor . . SAMUEL ADAMS (A. B. Harvard University LL. B. Northwestern University) Professor . Procedure Practice. JOHN HENRY SHELDON LEE (A. B. Harvard University LL. B. Northwestern ) A Proft Law Crimes Crimi Procedure. CHARLES GEORGE LITTLE (A. B. Amherst College LL. B. Northwestern University) Associate Professor Law. HENRY SCHOFIELD (A. M. LL. B. Harvard University) Professor Law. LOUIS MAY GREELEY (A. B. Harvard University) Professor Law Conveyancing Mortgages Carriers Commercial Paper. LEVI HARPER FULLER (B. S. Upper Iowa University LL. B. Iowa State University) Professor Law Procedure Practice. * Arranged President Dean . . REVISED LIST OF THE FACULTY. FREDERIC CAMPBELL WOODWARD (A. M. Dickinson College LL. M. Cornell University) Professor Law. CHARLES CLARENCE LINTHICUM (LL. B. Northwestern University) Professor Law Patents. MITCHELL DA VIS FOLLANSBEE (A. B. Harvard University LL. B. Northwestern University) Professor Law Procedure Practice. Lecturer Legal Ethics. CHARLES BYRD ELDER (LL. B. Northwestern University) Assistant Professor Law Extraordinary Legal Remedies Judgments. HENRY CLAY HALL (B. S. Wabash College LL. B. Northwestern University) Assistant Professor Law Insurance. LOUIS LEE DENT (A. B. Harvard University) Lecturer General Practice EBENEZER WASHINGTON ENGSTROM (A. B. Northwestern University) Lecturer Voice Training Forensics. HENRY LEE PRESCOTT (A. B. LL. B. Harvard U ) Lecturer Forensics. JOSEPH THOMAS ROBERT Lecfitrer Parliamentary Law. CHARLES ERNEST PICKARD (A. B. University Wisconsin) Lecturer Trade Mark Copyright. CHARLES YOE FREEMAN (A. B. Princeton University LL. B. Northwestern University) Lecturer Corporation Practice. HERBERT JACOB FRIEDMAN (A. B. LL. B. Harvard University) Lecturer Liens. DWIGHT ST. JOHN BOBB (A. B. Northwestern University A. M. LL. B. Harvard University) Lecturer Public Service Corporations. JOSEPH IGNATIUS KELLY (A. M. Ph. D. Fordham College England C. E. Pennsylvania Military College LL. B. Chicago College Law) Lecturer Roman Law. FREDERIC BEERS CROSSLEY (LL. B. Northwestern University) Secretary Law School Faculty. III. REVISED LIST OF COURSES FOR . FIRST YEAR. FIRST TERM. Con Three . Keener' Cases Contracts. Professor WooDWARD. Torts Three . Ames' Smith' Cases Torts. Professor WIG.MORE. Property (!) 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 ( ) Three . Professor WOODWARD. Torts ( ) Two ) . Professor WIG.MORE. Property ( ) ( ) Two . Professor KALES. Common Law Pleading Procedure ( ) One . Lectures . Professor ADAMS. Master Servant Tort One . Wambaugh' Cases Agency. Professor WIG.MORE. Danrnges One . Beale' Cases Damages. Professor SCHOFIELD. SECOND YEAR. FIRST TERM. Evidence Two . Thayer' Cases Evidence . Professor WIG.MORE. Trusts Three . Ames' Cases Trusts. Professor WOODWARD. Agency Two . Wambaugh' Cases Agency. Professor LITTLE. ( REVISED LIST OF COURSES. Commercial Paper Three . Notes. Ames' ( Bills Professor GREELEY. Eqiiity Jurisdiction Three Ames' Cases Equity Jurisdiction. Professor SCHOFIELD. Property ([!) Two . Gray' Cases Property Vols. III IV. (Acquisition . .) Professor KALES. Persons (Domestic Relations} Two . Smith' Cases Persons. Professor KALES. SECOND TERM. Evidence ( ) Two . Professor W GMORE. Property (II) ( ) Two . Professor KALES. Equity Jurisdiction ( ) Three . Ames' Cases Equity Jurisdiction. Professor SCHOFIELD. Quasi Contracts Three Keener' Cases Quasi. Contracts. Professor WOODWARD. [Given .] Sales Personalty Three . Williston' Cases . Sales. Professor WOODWARD. [Given .] Insurance (Fire Life) Two . Wambaugh' Cases Insurance. Professor HALL. Equity Pleading Procedure Two . Equity Pleading . Professor ADAMS. Public Service Corporations (Railroad Telegraph .Gas \!\Tater \ \Tarehouse Services) One . Beale' Wyman' Cases Public Service Corporations. Mr. BOBB. Liens One . Selected . Mr. FRIEDMAN. THIRD YEAR. FIRST TERM . Corporations Two . Smith' Cases Corporations. Professor LITTLE. Procedure . Practice Illinois Two . Professor FOLLANSBEE. International Law ([} Two . Scott' Cases International Law. Professor HYDE. BULLETIN OF THE LAW SCHOOL. International Law ( ) American Treaties Diplomacy . Two . Professor HYDE. Suretyship Two . Ames' Cases Suretyship. Professor LITTLE. Judgments Auxiliary Legal Remedies (Attachments Garnishment Execution .) One . Rood' Cases Attachments Judgments. Professor ELDER. Constitutional Law Three . Thayer' Cases Constitutional Law. Professor SCHOFIELD. Property (Ill) Two Gray' Cases Property Vols. V VI. (Conditional .) Professor KALES. Conveyancing One Drafting . Professor GREELEY. Conflict Laws Three . Beale' Cases Conflict Laws. Professor HYDE. Code Pleading Procedu. One . Cases Code Pleading. Professor WooDWARD. Roman Law One . Justinian' Pandects. Kelly' Select Titles Mr. KELLY. Practice Court Two . Causes . Professor FULLER. *Patents Invention ([) General Survey. Five . Professor LINTHICUM. Parts II III ( ) Patent Soliciting. Twenty . (/ ) Patent Law Practice. Forty . *These . . . REVISED UST OF COURSES. SECOND TERM. Corporations ( ) Twc . Professor LITTLE. Corporation Practice One . Practical Exercises . Mr. FREEMAN. Bankruptcy Two . Williston' Cases Bankruptcy. Professor WooDWARD. Constitutional Law ( ) Two . Professor SCHOFIELD. Carriers Three . McClain' Cases Carriers Beale' Cases Carriers. Professor GREELEY. Conveyancing ( ) One . Professor GREELEY. Mortgages Two . Kirchwey' Cases Mortgages . Professor GREELEY. Public Officers One . Professor SCHOFIELD. [Given .] Practice Court ( ) Two . Professor FULLER. Property (III) ( ) Two . Professor KALES. Municipal G One . Smith' Cases Municipal Corporations. Professor SCHOFIELD. Partnership Two . Ames' Cases Partnership. Professor LITTLE. Extraordinary Legal Remedies (Mandamus Quo Warranto Habeas Corpus .) One . Eider' Cases Extraordinary Legal Remedies. Professor ELDER. Jurisdiction Federal Courts One . Professor SCHOFIELD. . ( Constitutional Law Patents Invention) Conveyancing Property III Property II. . BULLETIN OF THE LAW SCHOOL. COURSES OF LECTURES NOT COUNTING FOR A DEGREE. Trade Marks Copyrights Six . MR. PICKARD. General Review Five State Bar. MR. DENT. Legal Ethics Five . Professor FOLLANSBEE. SCHEDULE OF HOURS. ' ' ' . Practice Court . SPECIAL TRAINING IN LEGAL WRITING AND SPEAKING AND IN THE PRACTICE OF THE LAW. . . Pleadings Instruments Common Law Pleading Code Pleading Equity Pleading . Corporations . Commercial Paper Carriers Insurance . . . Conveyancing . A ' States. Thorough . No . Property II. LEGAL WRITING SPEAKING AND PRACTICE. . Practice Court Procedure Practice . Practice Court . Court' . During . · . While . A . . A Rules Practice Court . . Legal Tactics Bar · . Bar r r . . Thesis Faculty . Any Faculty . . r . . . Legal Forensics Revised Regulations . BULLETIN OF THE LAW SCHOOL. . 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 . Oral Forensics Professor Forensics. A . ( ) . II. · . Moat Courts. Moot Court P. M. A B . < . > FORENSIC WRITING AND SPEAKING. . All . Each Professor . Professor Bulletin Board ( ) Professor . One . On Professor· . Each . All . . . . Public Speaking . An Secretary' . . No ( Faculty) School . Public Debate. A Towle Prizes Public Speaking . No / School. J• III. . Legal Advice Cfobs. All Legal Advice Clubs Secretary School Secretary. Difficult BULLETIN OF THE LAW SCHOOL. Clubs . On ' Secretary Club Club Dean Professor P . M. Professor . . Bureau . After Chicago Bureau Justice University Branch Settlements Police Courts . Secretary School C . Superintendent Bureau. ( .) thE' . PRESCRIBED COURSE OF READING IN LEGAL HISTORY BIOGRAPHY AND JURISPRUDENCE BEGINNING WITH . Course A. (First Year). Introductio Legal History Study Law. Materials ( ) Blackstone' Commentaries ( ) Introduction Sections Book Chapters S Book III Chapters S Book Chapters II Book III Chapters Book IV Chapters Book II Chapters S Book IV Chapter . ( ) Woodruff' Introduction Study Law. ( ) Wambaugh' Study Cases. Course B. (Second Year). History Bench Bar. Materials ( ) Campbell' Lives Chancellors ( Lord Hardwicke) ( ) English American Campbell' Lives Chief Justices ( Lord Holt) Arnould' Life Lord Denman Autobiography Lord Campbell O'Brien' Life Lord Russell Life Letters Joseph Story Harvey' Reminiscences ( Lodge' Life) Daniel Webster Brown' Life ( N ' Memories) Rufus Choate Memoirs LEGAL HISTORY BIOGRAPHY AND JURISPRUDENCE. Letters James Kent Memoirs S. S. Prentiss Caton' Bench Bar Illinois Carson' History Federal Supreme Court Magruder' Life John Marshall. Course BB. (Second Year Optional). History English Legal System. Materials ( ) Pollock Maitland' History English Law Volume ( ) Pollock Maitland' History Volume Stephen' History Criminal Law Selected Essays Legal History ( School.) Course C. (Third Year.) . Jurisprndence. Materials ( ) Analytical Jurisprudence Austin' Jurisprudence Holland' Jurisprudence Terry' Principles Anglo American Law. ( ) Historical Jurisprudence Maine' Ancient Law Fustel Coulange' Ancient City Lee' Historical Jurisprudence. . International Law. Materials International Law . . Roman Law. Materials Any Gaius' Institutes Foste Justinian' Institutes Moyle Selected Titles Justinian' Pandects Kelly ( Mr. Kelly' ). . History Germanic Law. Materials Any Heusler' Institutionen Rechts Brunner' Deutsche Rechtsgeschichte Brissaud' Manuel ' . Regulations fo · ( ) Grade C Course A Course B Course C . ( ) A Course BB. A Course BB Course C Rule . ( ) An Course A Secretary' Office . Students siim BULLETIN OF TH£ LAW SCHOOL. . A ' . A School . A Course A. ( ) A Law School Course C Course School Courses . ( ) No Courses ( C International Law Roman Law) . Dean . ( ) Courses C Third Year. ( ) Students . School . ( ) Courses School Ji. . IV. TUITION FEES. . A . Special . Patent Law . School . General Review . REQUIREMENTS FOR ADMISSION . PRIZES. . Towle Prizes. A $ $ Henry Sargent Towle Esq. Chairman Law School Committee Board Trustees Forensic Writing Speaking ( ) . Towle Prize $ William Harrison Haight B. L. ' Towle Prize $ Charles Edward Swanson A. B. . . . Callaghan Prize. A Messrs. Callaghan Company Chicago . Callaghan Prize Clayton Jackson Barber Ph. B. Springfield. V. REQUIREMENTS FOR ADMISSION . Persons . Age They . . Preliminary Education A . A ' English Algebra Geometry Ancient History Physiology Rhetoric Physics Physical Geography Bookkeeping Media Modern History English American History English American Literature English Composition . Where ) BULLETIN OF THE LAW SCHOOL. English American History Literature (Latin ) . Where . Secretary Law School. Supreme Court Illinois . ADVANCED STANDING. "Degrees." SPECIAL STUDENTS. Persons . They · . No Dean. DEGREES. All University Commencement. On Oxford . . BACHELOR OF LAWS. Bachelor Laws Trustees University recomDEGREES. Faculty S . Such Faculty . Attendance . ..Regular . Students . . Students ' . . Students ' Dean. II. All ' . III. Registration. Candidates IV. Course Sti . All ( ) . ' . Persons ' Dean. Secretary . Four . A B C D . A C A C School . BULLETIN OF THE LAW SCHOOL. 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 . 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. VI. ORGANIZING AND ADVISING A CORPORATION. BY LEVY MAYER ESQ. An Address Delivered Booth Hall r Course Legal Tactics. PROFESSOR Lours MAY GREELEY ( ) ) . . To . To . New York ' Kent Blackstone . Such . Mr. Mr. Dill · Mr. . He . Faculty School Mr. Levy Chicago "Organizing Advising Corporation." MR. LEVY MAYER . . ' . . BULLETIN OF THE LAW SCHOOL. . . Speaking \ . . . · . Take . Let Chicago Illinois. Reputable . Where ? Now ? First . And . State . These . They imORGANIZING AND ADVISING A CORPORATION. . Those " . Your . Those . . A . An New York Pennsylvania Ohio Illinois. . . Now New York Ohio Pennsylvania Illinois. So . ? Illinois confroi Illinois . New York Pennsylvania Ohio Illinois . Thereupon Illinois . . Your ' . They BULLETIN OF THE LAW SCHOOL. . Illinois . Your . Your . And State Attorney General State' A . State State' Attorney Attorney General. . . State Attorney General State' Attorney . And · . And States State . Now . . Individuals States Union States National Constitution State . Corporations . They . Therefore United States . . . Your ORGANIZING AND ADVISING A CORPORATION. ? With ? So " . Coming . Once State Illinois. Illinois ? State Legislature ( State State ). There States Jaws New Jersey Maine West Virginia New York North South Dakota. Those . There . People State North South Dakota Arizona. . Illinois State . There New York New Jersey State Illinois BULLETIN OF THE LAW SCHOOL. ? State . . New York State Illinois? . Illinois State Legislature . Illinois Illinois . Bear . We Illinois State Illinois . Well ? Illinois ' Illinois . He Illi Illinois . . ' Illinois Illinois New York New Jersey Illinois Illinois Illinois . ' . ! ORGANIZING AND ADVISING A CORPORATION. Illinois . Bear . Human . Now Illinois . And State . New Jersey Maine New York State . By ( ) . Maine ' ( ) . Under States . features BULLETIN OF THE LAW SCHOOL. . Illinois . Now State . And State . Always State. Now Maine New Jersey New York Illinois States Illinois ? Bear . . So . . Jet . Don' . ORGANIZING AND ADVISING A CORPORATION. . . . ' . Therefore . . ? West Virginia New York Maine States ( Illinois) . States . States States Maine New Jersey New York States . . They "A B C" ' . Many New Jersey State States . BULLETIN OF THE LAW SCHOOL. Now . Suppose New Jersey New Jersey New York Pennsylvania Ohio Illinois. United States Supreme Court . State State New Jersey . . Supreme Court State States States . The Federal Supreme Court States. Colorado State California. California . . Stockholders California California. Stockholders . Colorado California California United States Supreme Court California Colorado Colorado . . Well propo ' New Jersey Maine New York West Virginia Illinois Illinois Illinois. . Illinois ORGANIZING AND ADVISING A CORPORATION. ' . . . Are ' ? New York . Illinois . . . . . And . State State . . United States Illinois Illinois . On New York New Jersey BULLETIN OF THE LAW SCHOOL. New York New Jersey . There . One . . . . By . Legislatures Courts . There . Though . Be . . . Ordinarily . ' ' . So ' ' . Some . There . One ORGANIZING AND ADVISING A CORPORATION. ' . . ' . Now . ' . Let . . . . Your . Bear . · . These Illinois . So . BULLETIN OF THE LAW SCHOOL. . . New York . . VII. REVISED LIST OF OFFICERS OF THE ALUMNI ASSOCIATION. Alumni Association Bra Association State Territory Alumni School Illinois Cook County. A Secretary Vice President Branch. Branches . Jerome J . Cermak Esq. General Secretary Association (Tribune Building Chicago) Alabama Vice President William H . H. Judson ' Secretary. Bessemer. Arizona Frederick S. Nave ' Henry B. Wilkinson ' Tucson. Phoenix. California (Northern) California (Southern) Colorado Georgia Idaho Ebenezer Wakely ' Val Dosta. Indiana Indian Ter. Iowa Kansas Albert J. Green ' Moscow. Theodore W . Hubbard ' Parrott Bldg. San Francisco. George P. Adams ' Bullard Block Los Angeles. A. Lee Doud S Ernest & Cramner Bldg. Denver. James E. Babb ' Lewiston. Thaddeus M. Talcott Jr. ' South Bend. Harry Campbell Sapulpa . T. Robt. L. Welch ' Knoxville. Theodore H. Morrison ' Fairmont Ave. Wichita. Kentucky Michigan Minnesota Missouri Montana Nebraska New Eng. New Jersey BULLETIN OF THE LAW SCHOOL. Vice President Secretary. J. Clyde Nelson ' Sharpsburg. Henry F. Metzger ' Sault Ste. Marie. Hon. Homer B. Dibell ' A. B. Choate ' Duluth. Temple Court Minneapolis. Jacob A. Harzfeld ' New York Life Bldg. Kansas City. Richard A. Harlow ' Helena. Hon. William J . Bryan ' Alonzo P. Tarbox ' Lincoln. Bennett. Hon. Sewell W. Abbott ' William F. Poole Jr. ' Wolfborough. Franklin St. Boston. Oliver L. Brown ' Telephone Bldg. Newark. New Mexico John H. Stingle Albuquerque. Andrew M. Adams ' Albuquerque. New York Hon. E. H. Gary ' N. Carolina N. Dakota Ohio Oklahoma Oregon Pennsylvanill. S. Dakota Texas Utah Virginia Washington New York City. William F. Myers ' Amsterdam. James L. Curtis ' Raleigh. Edward R. Sinkler ' Grafton. Joseph D. Kerr ' Hicksville. Claud J. Bryant ' Lawton. Charles H. Glos ' Chamber Commerce Portland. Forest G. Moorhead ' Beaver. John F. Whitlock ' Forest City. Edward W. Hander ' Waco. Robert N. Freeman ' Salt Lake City. Clare E. Crawford ' Elmont. Howard N. Waterman ' Boston Block Seattle . BRANCHES IN JUDICIAL DISTRICTS IN ILLINOIS. Wisconsin Wyoming Dist. Col. Hawaii Japan \!Iexico Switzerland Vice President Hon. Wm. A. McLaren A Independencia Mexico City Mex. Secretary. John K. Fish ' Old Insurance Bldg. Milwaukee. Charles F. Mallin ' Cheyenne. Phillip E. Winter ' "A " South East Washington. Carl S. Smith ' Hilo. Abo Shiosuke ' Tokyo. Joseph S. Kennard Lausanne Switzerland. BRANCHES IN JUDICIAL DISTRICTS IN ILLINOIS. JUD. DlST Secretaries. NO. . Aaron J. Gould . Hon. Wilbur M. Warnock ' . Charles H. Holt ' . Frank C. Van Sellar ' . Thomas N. Cofer ' . John A. Barber ' . John D. Gray ' . Conrad G. Gumbart ' IO. Frank S. Fulton ' . William L. McMahan ' . Charles B. Campbell ' . Wellington H. Shay ' . William J. Sweeney ' . Solon W. Crowell ' r . William M. Mercer ' . John E. Goembel '< ) Address. Bone Gap. Edwardsville. Salem. Paris. Charleston. Farmers' Nat'! Bank Bldg. Springfield. Havana. Macomb. Observatory Bldg. Peoria. Lincoln. Arcade Bldg. Kankakee. Streator. Rock Island. Oregon. Coulter Blk. Aurora. E. State St. Rockford. BULLETIN OF THE LAW SCHOOL. VIII. LIST OF STUDENTS ENROLLED DURING THE YEAR . THIRD YEAR. Banning Walker Bartlett Josiah Calef A. B. Harvard University. Barnes George Cuyer University Kansas. Bell Eugene Whiteman D. S. Northwestern University. Boggs Richard Lee Burnham Frederic A. B. Yale University. Casebeer Arthur Josiah Cashel Thomas Daniel Coman Warren Eugene Kansas Normal College. Capron Clyde A. B. University Illinois. Clark Robert Burns Cline Norris Burt Combs Ben Dewes Edwin Pierre A. B. Harvard University. Dobbin David Clevland Eggert Alfred Robert Eppstein Aaron Rudolph University Chicago. Ewen William R. T. Jr. Fifer Ernest Reynolds B. S. Northern Indiana Fuller Edward Markle Freeark Frederick Aaron Normal Collei . A. B. Harvard University. French Howard Preston Fulton Louis Reginald A. B. Knox College. Guenther Attilia Goetz Albert Hamilton Elisha Bentley A. B. Illinois College. Herman Charles Jacob Howser Roy Elrod Simpson College. King Robert A. LL. B. Northwestern University. Kagy David Dudley B . A Findley Collese. Oak Park. Chicago. Chicago. Evanston. Fairfield. Chicago. Rocky Ford Colo. East St. Louis Ill. Chicago. Marion. Chicago. Appleton City Chester Iowa. Chicago. Mo. Stronghiwst. Charles City Iowa. Chicago. Chicago. Chicago. Chicago. Chicago. Sutnner. Gibson City. Chicago. Quincy. Chicago. Indianola Iowa. Chicago. Austin. • NAMES OF STUDENTS. Lewis Harry Chester Lighthall Henry Schuyler Linker Myer Lewis Institute. Ludolph Clarence A. Lynde Cornelius A. B. Williams College. Mackenzie Rex A. B. Princeton University. Martin Harry Alvin Meusel Oscar Moretz Moen Jorgan Andrew LL. B. Northern Indiana Law School. Muller Bernard Peter LL. B. Northern Indiana Law School. Murdock Max Northwestern University. Oldfield William A. A. B. Northwestern Unive! . Otjen William John Osborn Harold Sayre A. B. Williams College. Ott John Nash A. B. Amherst College. Penhallow Arthur Lincoln A. B. Harvard University. Perrill George Andrew B. S. Kansas Wesleyan University. Pirosh George Bertram Pitte Hugo Armour Institute. Potter Delos Demont Kansas College. Quitman Walter Rich Ernest Paul Newton Normal College. Robinson Charles Henry Rosenbltm Harry Moses Ryden Otto Gustaf Ph. B. Northwestern University. Sandberg Edward J. Sadler Monte Hanauer Sargent Jean Feni Sc. Felix Harold Scheiner Frank Henry Ph. B. Northwestern University. Shultis Charles Rooney A. B. St. Francis Solanus College. Stratton Frank Stephen Strickland Amos Aaron Mendota. Chicago. Chicago. Rock Island. Chicago. Chicaio. Chicago. Chicago. Cashton Wis. Rock Elm Wis. Streator. Chicago. West Toledo Ohio. Chicago. Chicago. Chicago. Bridgeport Kas. Chicago. Chicago. Lawton Okla. Chfrago. Canton Ohio. Chicago. Evanston. Evanston. Chicago. Cairo. Hurley. Chicago. Chicago. Quincy. Chicago. Sheller. BULLETIN OF THE LAW SCHOOL. Stowe Herman Wilmer B. S. Northwestern University. Ft. Dodg Iowa. W George University Ohio. Deshler Ohio. Ward Charles Ambrose St. Joseph Mich. Webb Samuel Edwin Chicago. Wengierski Julius Francis Chicago. SECOND YEAR. Adams Cyrus H. Jr. A. B. Princeton University. Alm Arvid Gothard B. A. College. Anderson George Fridolf Atherton Leslie C. Bell Ben Boddy Robert William University Chicago. Brothers William Vincent Bugee John Arthur Burns William Cullen Brink Hal University Chicago. Buek Karl Wilhelm King William Gymnasium. Cutting Robert Myron A. B. University Michigan. Carleton Charles Henry Chiles Lewis Capron William Jr. University Illinois. Candee Robert A. B. Princeton University. Cohan Benjamin Edward Collins Kenneth Prentice Colton Chauncey Corey B. S. Dartmouth College. Davis Warren Marcus University California. Dickinson Reynolds A. B. Harvard University. Engstrom Ebenezer Washington A. B. Northwestern University. Eddy Morton Hoit A. B. Williams College. Finerty John F. Jr. Finley George Alvin Fulk George A. B. De Pauw University. Gannon Edward Ronald Ph. B. University Chicago. Goldstine Isaac Oscar Chicago. Chicago. Chicago. Goose Island. Cable Ill. Chicago. Chicago. Chicago. Oswego Kans. Chicago. Emden Germany. Chicago. Chicago. Chicago. Marion. Evanston. Chicago. Chicago. Danvers Mass. Oakland Cal. Chicago. Evanston. Chicago. Chicago. Sitgar Grove. Evanston. Chicago. Chicago. ... NAMES OF STUDENTS. Gunsul David Harvey Haight William Harrison B. L. University Wisconsin. Herbert Joseph Ignatius Hun Anthony B. A. Harvard University. Kersten Walter George Kolb Theodore Concordia College. Krause Hugo Foster Ph. B. Milwaukee State Normal School. · Lucius Albert Edward A. B. University Michigan. Martin Andrew Aloysius Mies Frank Peter B. S. Northwestern University. McCord Downer A. B. Yale Un . Milchrist Frank Thomas Moore 'Willis Samuel Morrison John Hollenback McCormick Robert Rutherford B. A. Yale University. McNeil Robert Lincoln A. B. Illinois College. Nordhold Robert J. Romans Harold Alben Romans John Brown Northwestern University. Rundall Charles Owen Northwestern University. Secord Frederick Smietanka Alexander Michael Straus Ira E. University Chicago. Steinbrecher Paul University Chicago. Thomason Samuel Emory A. B. University Michigan. Vlachos Andrew John LL. B. University Greece . \ Varner George Raymond Wilcox Jesse Franklin Winston Garrard Bigelow A. B. Yale University. Winnen Victor Charles Wright Walter Hamilton Wabash College. Yates Robert Mortimer Aurora. Cambridge Wis. Chicago. T Vinnetka. Chicago. Chicago. Chicago. Chicago Chicago . Saunemin Ill. Chicago. Chicago . Chicago. Hillsdale Kans. Chicago. New Berlin. Chicago. Denison Iowa. Denison Iowa. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Somonai . Chicago . Chicago. Chicago. Perrysburg Ind. Ra· . BULLETIN OF THE LAW SCHOOL. FIRST YEAR. Allen Harry Irwin B. S. Northwestern University. Allely George Joseph Adams Francis Jr. A. B. Amhe · College. Ballard Howard Thompson B. A. Amherst College. Beaubien Alexander Falconer B. A. Beloit College. Bieszki Henry Albert Blu Elmer Francis Northwestern University Academy. Boeger William Fred Bogheas Demetrius University Greece. Bullock Walter Laughlin Carmody Michael Lawrence Cohen Lawrence Alfred Crossman George William Cuneo Walter Eugene Davenport Kenneth Howard A. B. Northwestern University. Davidson Frederick Arthur Dodge Malcolm Earl Dodson Harry Lee Dvorak Henry Flanders Fred Chester Forstall James Jackson B. S. Princeton University. Frake Allen A. B. University Chicago. Frantz Ezra Jacob Gillson Charles Burton S. B. Massachusetts Institute Granberg Oscar Emil Gregory Frederick La Rue B. S. Illinois College. Hansen Edwin Carsten Hausser Arthur H . M. Northwestern University. Hill Roy Wilson B. S. Rose Polytechnic Institute. Hogan Robert Emmett Hollett George Howison Hugh Alexander A Institute. Huszagh Harold Lewis Institute. Huntington Ind. Chicago. Chicago. H Mass. De Kalb. Chicago. Milford. Proviso. Chicago. Millerton Kans. Chicago. Chicago. Edwardsville. Chicago. Creston Iowa. Bata· Iowa. Chicago. Chicago. Chicago. AHrora. Chicago . Chicago. Cerro Gordo. Wilmette. Technology. Chicago. J . Chicaf!.O . Chicago. Chicago. Chicago . Chicago. Chicaf!.O . Chicaf!.O . NAMES OF STUDENTS. Jarrell James Thomas Jr. A. B. Dickinson College. Judah Noble B. Jr. B. A. Brown University. Kaufman Saling . Krusemark Albert Larsen Charles Elias Lilienstein Arthur Webster Lewis John Lindskog Thomas Marshall Robert Ferguson Moerdyke Nathaniel Perry Morgan George Gurnea B. S. Wheat College. Murphy John Cushing Myers Earl Lucian McCaughan Philip N. MeNeil Oswell Lawrie B. S. Illinois College. Nash Albert Henry Northwestern University. Nichols George Richmond Jr. Leland Stanford Jr. University. Rathje Frank Renwick J. Stewart Ruebtir Charles Arthur Rich Stanley B. S. Hobart College. Richter Edward Lewis Smith Frank Northwestern University. Sebastian Christian Jacob B. L. St. Mary' College Belmont U. C. Shaver Harry Lloyd Starke Charles Henry Strauss Samuel Arthur Steven Hiram Allen B. S. Wheaton College. Stevens George Marsden Stevens Ernest James Ph. B. University Chicago. Stevens Parker Gilbert Sunderbruch Jens Frederick Cornell University. Swanson Charles Edward A. B. Knox College. Tanigoshi Katsutaro University Wisconsin. Townsend Barry Eyre Princeton University. Felton Del. Chicago. Chicago. Frankfort. Chicago. Petersbitrg. Chicago. Chicago. Harvard. Chicago. Wheaton. Chicago. Sugar Grove. Chicago. New Berlin. Elizabeth. Bozenian Mont. Chicago. Chicago. Oronoco Minn. Chicago. Chicago. Ransom. Chicago. Chicago. Chicago. Chicago. Wheaton. Chicago. Chicago. Mazon. Davenport Iowa. Clearfield Iowa. T Vakayania Japan. Chicago. BULLETIN OF THE LAW SCHOOL. Van Ryper James Reynolds Whitcomb Charles Henry Weeden J . V. Well Harry Norton Willson Royal Andrew Winterbottom Joseph Erastus A. B. Illinois College. Woodbury Homer Whallon Woodruff Silas New Carlisle . Albion Mich. Evanston. Elmwood. Evanston. Jacksonville. Oak Park. Clyde Kans. SPECIAL STUDENTS. Asher \V Simpson A. B. Northwestern University. Batten Ralph Ellsworth Brown Thomas Baldwin Burns "William Cullen Crumpacker Shepard J. B. S. Northwestern University. Dillard Jesse Richard A. B. Livingstone College. Hart Merwin Michael Armour Institute. Henn William Eugene Hyman Robert William Jen Bert Jay Kryda John Tennymore Levy Sylvanus George Ph. B. University Chicago. Meek Marcellus Waltz Miller Albert Grant Moehle John Lewis Morris Frederick Thomas Jr. McWilliams Ralph A. B. Harva University. Oakleaf James A. B. University Michigan. Remy Victor Allison A. B. Harvard University. Simmons E. Elliott 'Whitestown Seminary. Simpson Charles George Smith Horace Greeley Northwestern University. Watkins Victor Thomas Webb Jonathan Edwards Williamson Ray Ferris Winnetka. Chica. . Chicago. Oswego Kans. Westville Ind. Gibson . T. Chicago. Chicago. Chicago. Big Rapids Mich. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Chicago. Evanston. Chicago. Evanston. Evanston. Chicago . Chicago. Oronoco Minn. ANNOUNCEMENT OF ANNUAL ALlJMNI BANQUET . Law School . School University . Law School ( Northwestern University Building Chicago) . Among Governor Charles S. Deneen Congressmen George E. Foss Henry S. Boutell James R. Mann Hon. William J. Bryan Judges Willard M. McEwen Benjamin R. Burroughs \Villiam M. Farmer Frederick A . Smith Richard W. Clifford Harry Higbee George A. Dupuy Hon. Frank . Lowden Hon. Robert E. Pendarvis Corporation Counsel Edgar B. Tolman. Reservations Secretary Alumni Association Jerome J . Cermak Tribune Building Chicago. THE Y OUNG MEN'S CHRISTIAN ASSOCIATION. Young Men' Christian Association Chicago Schools University Building. Association . University Association . T) . All Association . Association . Those Mr. Paul C. Foster Y. M. C. A. Northwestern University Building Chicago Chicago . DIRECTORY University COLLEGE OF LIBERAL ARTS Registrar University Hall Evanston Ill. MEDICAL SCHOOL Secretary Dearborn Street Chicago. LAW SCHOOL Secretary Northwestern University Bldg. Chicago. https://plrccollections.org/files/original/94a40f502f19affc1a955ca0acc6f5c7.pdf ae32b2d55f541197f6c08e1f7ccc43eb PDF Text Text SERIES V NO VE MBER - JANUARY, 1906-07 NUMBER 3 NORTHWESTERN UNIVERSITY CHICAGO-EVANSTON BULLETIN OF THE SCHOOL OF LAW (UNION COLLEGE OF LAW) F OUNDED 1859 OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS , CHICAGO PUBLISHED Q!JARTERLY BY NORTHW E STERN UNIVERSITY �NORTHWESTERN UNIVERSITY 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. Fomided in 1859. THE ScnooL OF PHARMACY, in Chicago, Founded in 1886. THE DENTAL SCHOOL, in Chicago, Founded in 1887. THE SCHOOL OF Musrc, in Evanston, Organized in 1895. The following non-degree-conferring departments are maintained by the University: THE ACADEMY, at Evanston, Established in 1860. GRAND P RAIRIE 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 ewn 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. 3, SERIES V, NOVEMBER-JANUAR Y, 1906-07. Page. l. LETTER FROM THE SECRETARY OF THE ALUMNI ASSOCIATION . • 3 IL NAMES AND ADDRESSES OF ALUMNI OUTSIDE OF ILLINOIS . . •• 5 Ill. LETTER FRO~f THE SECRETARY OF THE LAW SCHOOL ......... 9 MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyrigh t, 1906, by Northwestern University E nt er ed at the Post-office at Chicago, Ill. , as Second-class ma tter. ��I. LETTER FROM THE SECRETARY OF THE ALUMNI ASSOCIATION. CHICAGO, January, 1907. To THE ALUMNI OF THE ScHooL oF LAw OF NORTHWESTERN UNIVERSITY. Brethren:-! beg to call the attention of all alumni to the list of names printed herewith. This list comprises the names and addresses of only those graduates living outside of Illinois, whose residence is noted on the records of the Secretary. This list is very incomplete and doubtless contains many errors. It contains less than one-third of the names of all living graduates outside of Illinois; some have doubtless died or moved from the addresses here given. For the purpose, therefore, of perfecting and making this list as complete as possible, you are urged to examine it carefully and to send me any of the following desired information you may be able to give relating to yourself or any other alumnus of whom you may have knowledge and whose name may not appear in this list, or if in the list may be incorrectly stated: 1. Correct name and address. 2. Present occupation. 3. Name of any public office held or now occupied. 4. Death of any alumnus and if possible date of decease and name and address of any surviving member of family. This list will be published and distributed as corrected and will be of value not only to the School but to all graduates. I would further remind you of the annual banquet of the Association to be held in Chicago about June 15 and to urge you to arrange to be present for your own profit and as one way of giving evidence of your loyalty to the 3 �4 BULLETIN OF THE LAW SCHOOL. School. Arrangements are now being made to make this an interesting meeting, one of the features of which will be an address by an alumnus of national reputation. In closing permit me to call to your attention the duty you owe to the School of not only informing the Secretary of the School of the names and addresses of prospective law students but of making it your business to place before such persons the advantages of your school. The School has a right to rely upon you to do this and only by exercising your interest in this way can it obtain that increase in attendance which is necessary to maintain its prestige among the leading law schools, now more than ever warranted by reason of its equipment and facilities fo r instruction. Very truly yours, ALBERT KEEP, 2ND, Secretary of the Alumni Association, 500 The Temple, Chicago. �II. NAMES AND ADDRESSES OF ALUMNI OUTSIDE OF ILLINOIS. ARIZONA. Cassidy, Lysander, '91 Vermilyea, Samuel E., '89 Bishop. Wilber, Edwin Phoenix. Colgrove. Egan, John M., '77 Phoenix. J., '82 Nave, Frederick S, '97 COLORADO. Baca, Felix M., '89 ARKANSAS. Beck, Herbert M., '99 Berdel, Charles A., '76 Nogales. Trinidad. Denver. Cassel, John D., '88 Denver. Fort Smith. Cover, Wm. W ., '66 2462 Lincoln Ave., Denver. CALIFORNIA. Adams, George P., '87 Dickson, William H., '92 Denver. Los Angeles. Doud, A. Lee, '76 913 Broadway, Los Angeles. Goddard, Luther M., '65 Colusa. Hood, Thos H. San Diego. North, James M., '70 San Francisco. Rhone, Henry R., '80 D enver. A very, William H., '63 Leadville. Dyas, William G., '66 1657 Larimer St., D enver. Goodbody, Frank W ., '89 Boulder City. Hubbard, T. Worthington Hurd, .Norman H., '84 328 Montgomery St., cisco. Delta. San Fran- Jones, William M., Jr., '96 35 New Montgomery Francisco. St., San Kenney, Elizabeth L., '97 Ralston, David, '95 Trinidad. Rogers, Henry T., '68 Denver. Voght, John P. S., '80 Denver. 1st & Spring Sts., Los Angeles. Kirkbride, Chas. N., '93 CONNECTICUT. Walker, Albert H., '77 San Mateo. Marshall, Rev. Hugh A., '89 Hartford. L a Mesa. Phelps, Augustus S. J ., '62 IDAHO. Rhea, Everett, '04 Santa Marie. Polley, Frank J ., '82 Weiser. Pasadena. Reynolds, Jos. F., '66 Russell, John H., '68 INDIANA. Atkinson, David C., '96 Sanborn, Miles Edward, '74 Bartholomew, Alvan D., '66 Todd, Leroy L. Brandon, Henry J., '99 Turel, Edmund F., '97 Chamberlain, William, '76 Vermilyea, Minerva A., '89 Crumpacker, Shepard, '04 Santa Barbara. Hammond. San Jose. Valparaiso. Yuba. Indianapolis. San Francisco. Warsaw. San Jose. W estville. Bishop. 5 �6 BULLETIN OF THE LAW SCHOOL. INDIANA.-Continu ed. Pitcher, Perry P., '80 Fort Wayne. Platt, Franklin C., '76 Mitchell. Reisinger, Frank W ., '95 Bloomington. Robinson, George A., '93 Warsaw. Rockafellow, Joseph B., '75 Evansville. Swasey, Edward H., '84 South Bend. Walters, Francis Wm., '97 Claypool. Welch, Robert Leslie, '03 Auburn. JAPAN. Abo, Shiosake, '93 Edgerton, Dixon, '82 Edwards, John H ., '94 Eller, Will, '70 Eschbach, Jesse E., '03 Geupal, Theodore, '93 Hibberd, John A., '83 Kinsey, Francis E., '94 Link, Daniel M., '93 Loeb, Isaac A., '93 Anderson. Meyer, F. J. Lewis, '89 South Bend. J efferson. Waterloo. Louis. Hampton. Atlantic. Dow City. New London. Knoxville. Tokio. Jamestown. KANSAS. Ames, Elmer E., '84 Kentland. Dixon, George M., '67 Plymouth. French, James W., '83 Elkhart. Higinbotham, Scott W ., '96 Logansport. Hill, Virgil W., '94 Reynierson, Add Leshe, '04 Sedgley, William, '95 Tibbetts, Chas. B., '83 Van Fleet, John M., '67 Webster, Weldon, '86 Morton. · Burlington. Iola. Manhattan. Augusta. Hunt, John IOWA. Albright, Alice M., '92 Roberts, Herbert F., '93 Balliett, Stephen E., '67 Rowley, Milton, '78 Boling, Coella 0., '94 Sutherland, James W., '69 Carter, Charles Wesley, '78 Taylor, Joseph, '97 Gorrell, Arthur R., '93 Widby, Helm, Ezra A., '76 Williams, Chas. H., '96 Hibberd, John A., '83 Young, Clarence, '90 Kepler, Louis H., '04 Kerlin, George B., '81 KENTUCKY. Nelson, J. Clyde, '88 McCoy, William J., '65 Wood, Chas. A., '87 Cedar Rapids. Des Moines. Stanwood. Rock Valley. Newton. Cedar Rapids. South Bend. Mt. Vernon. Storm Lake. Clinton. Miller, George I., '91 Topeka. Manhattan . Beloit. Neodosha. Pittsburg. J. Thomas, Girard. '79 McPherson. Ottawa. Sharpsburg. Middlesboro. Milchrist, William, '74 MASSACHUSETTS. Barnett, Na than, '95 Oggel, E. Christian, '01 Carpenter, Arthur E., '83 Payne, Frank S., '94 Smith, Sydney P ., '82 Clarinda. Sioux City. Orange City. Mt. Pleasant. Boston. 81 M ilk St., Boston. Athol. �NAMES OF ALUMNI OUTSIDE OF ILLINOIS. MICHIGAN. Connable, Alfred B., '96 Barnard, John C., '87 Omaha. Kalamazoo. Bower, John H., '92 Sault Ste. Marie. Bryan, William J., '84 Constantine. Yaple, Edward L., '99 Casto, John H., '83 Mendon. McCarthy, Wm. D., '00 MINNESOTA. Brace, Harrison H., '89 McNamara, Thaddeus, '74 Davidson, William E., '96 Hoffman, Clare H ., '% Madrid. Lincoln. Hastings. Ponca. Tonopah. St. Anthony's Park. Richards, Chas. L., '84 Minneapo1is. Robbins, Chas. A., '85 Duluth. Schurtleff, Chas. W., '84 Choate, Augustus B., '88 Dibell, Homer E. Fort, Green L., '82 Minneapolis. Reynolds, Frank A . Austin. Schmitt, Harrison L., '93 Mankato. Swift, Willi s C., '93 912 Pioneer Press Bldg., St. Paul. Trask, Chas. S., '76 Hebron . Lincoln. Stratton. NEW MEXICO. Bayne, Charles M., '81 Raton. NEW YORK. Congdon, Ossian M., '94 Ithaca. Whipple, Warner E., '95 Caledonia. Gary, Elbert H ., '67 Providence Bldg., Duluth. MISSOURI. Brown, Robert D., '94 Heath, William R., '88 Munn, Chester J., Jr., '95 New York City. New York City. Leyden. Kansas City. Rubel, Ira W ., '83 Kansas City. Whitehouse, Wm. F., '64 Jefferson City. Young, J. Arnold, '84 German, Charles W., '89 Hadley, Herbert S., '94 Harnsberger, William, '77 Kansas City. Harrington, Francis M., '66 New York City. New York City. :Milton-on-Hudson. Hayden, Merritt W., '93 NORTH DAKOTA. Fort, John F ., '82 Mclndoe, Hugh, '91 Gregory, Charles E., '80 Merrill, Henry, '64 Simons, Chas. B., '88 Moore, Edwin L., '91 Soliday, George W., '93 Kirkville. St. Louis. J oplin. Greenfield. Lamar. Moss, David H., Jr., '99 Bisma1·ck. Carrington. Oriska. Carrington . Thomas, Clarence N., '91 OHIO. Guthman, Roy 0 ., '03 Slove r, J as. H ., '66 Herbst, Chas. F., Jr., '99 Whitman, Guy, '93 Kinney, Joel F ., '61 NEBRASKA. Balliett, Charles H., '67 Miller, Wm. E., '02 Paris. La Grange. Independence. Carrollton. 435 Range Bldg., Omaha. Youngstown. Wapakoneta. Cincinnati. Galena . Whittaker, W. H., '77 Cincinnati. 7 �8 BULLETIN OF THE LAW SCHOOL. OKLAHOMA. Knapp , Wm. Proctor, '03 Hadley, Hiram E., '77 Olympia. Oklahoma City. Haines, J. Charles, '71 Weatherford. Hestie, Addison W., '76 Webster, George T., '94 OREGON. Frame, Robert A., '66 Seattle. Seattle. Hus ton, Robert J ., '87 Seattle. Portland. Kellogg, J olm A., '94 Pendleton. McBroom, Alexander K., '85 Portland. McElwain, William P ., '87 Portland. McNeil, Robert L., '06 Pierce, Walter M., '96 Summers, James, '80 White, T. Brook, '78 PENNSYLVANIA. Alexander, Robert E., '97 Canons berg. Barnes, William S., '97 New Wilmington. Keim, George C., '96 Johnstown. Moorhead, Fo rest G. Fredonia. Rogers, John S., '93 Northport. Spokane Falls. Seattle. Seattle. Phillips, Paul B., '03 1424 Belmont Ave., Seattle. Waterman, Howard W ayne, '00 402 Boston Block, Seattle. WEST VIRGINIA. Moroney, Patrick H., '96 Parkersbur g. Schweyer, W ilberforce, '89 WISCONSIN. Baldwin, George B., '01 Webb, Curtis L., '93 Block, Manfred S., '03 PORTO RICO. Maltman, Stewart A., '93 Cooper1 Henry A., '75 Charleroi. Mifflintown. Conneautville. Ponce. Appleton. Plattevi lle. Racme . Crosby, E mery vV., '02 Abbotsford. Feld, Carl R., '81 SOUTH DAKOTA. Boncher, Lyman T ., '80 Griffith, J ohn H., '64 Brown, Nathaniel, 76 Hubbell, Horner B., '86 Dodge, Bion A., '81 Ingall s, John P., '93 Reed, Chas. C., '80 Lewis, Pinckney G., '80 TEXAS. Hopkins, Fred P., '86 Luby, Clarence Jos., '01 E u re ka. Aberdeen . Milbank. S isseton. Marin e. VERMONT. McBirney, George D., '96 Manchester. Watertown. M il waukee. Beave1- Dam. E lkhorn. 469 Eleventh S t., Milwaukee. Hurley. Marsden, Frank F., '97 Fenimore. Miller, J ames G., '79 La Crosse. Mo rrow, Francis X., '86 Oconto. WASHINGTON, D. C. Hayden, Samuel V., '79 Payne, Eugene B., '60 Tripp, Geo rge E., '70 WASHINGTON. Cowan, vVarren E., '06 WYOMING. Hagen, Graddus R., '04 Pension B u reau. Seattle. Mulberger, Arthur, '00 Watertown. West Salem. Casper. �III. To LETTER FROM THE SECRETARY OF THE LAW SCHOOL. CHICAGO, January, 1907. LA w THE ALUMNI OF THE SCI-IOOL OF OF NORTHWESTER N UNIVERSITY: Inasmuch as the development of the Law School is of interest to its Alumni, not only because of their loyalty to it, but also because of the enlarged scope of its usefulness to them, it seems proper for the secretary of the Law School to inform them of the progress and improvement the school is making. Hence your attention is called to the recent great increase of the library facilities of the School which has been made possible through the generosity of Hon. Elbert H. Gary '67, now a resident of New York City. Mr. Gary's gifts of the past few years have placed the School in this particular among the foremost in the United States and have very greatly increased its sphere of usefulness. The first instalment of the Gary Collection of Modern Continental Law was received in 1903 and it is now substantially complete. It represents the twenty-three independent countries of Continental Europe with their dependencies. The material of each country is divided as follows: ( 1) Codes or systematic laws in the original lang uage and in French or German in all in stances where a translation has been made; (2) complete files of the decisions of the supreme court of Justice; (3) leading law journals; ( 4) representative treatises on the body of contemporary law and important single topics, and treatises upon the history of the law. Continuations to the laws, decisions and periodicals are added as they are published so that the collection is in every sense modern. Its practl'tal value is being demonstrated by a rapidly increasing number of consultations, not only by Chicago lawyers but by officials of 9 �10 BULLETIN OF THE LAW SCHOOL. foreign governments, students, lawyers and persons engaged in research or study of comparative legislation from all points in the United States. The fact that this is the most complete collection of its kind in existence and the growing tendency of legislators to compare foreign laws relating to any proposed new legislation and to profit thereby has been aided and will be much increased by the location of the library at this central point. During the last year Mr. Gary has enabled the School to make the following additions: ( 1) American official State Reports and English Reports. The collection of Official State Reports has been completed, so that in An,erican reports, the library now contains, or has contracted for, all State and Territorial Reports, duplicate sets of Illinois and United States Reports, the entire West Reporter System, partly in duplicate, and a complete collection of Statutes and Codes with session laws, bringing the printed laws of each State to date. The set of English Reports, original edition, has been completed and a set of Year Books published about the year 1600 added, thus making with the Reprint Edition, Law Reports, Leading Cases and Mew's English Digest, an excellent collection of English material. (2) English Historical Material. The first installment of this collection has been received and is now accessible to patrons of the library. Among the titles of some of the volumes already received are Horne's Mirror of Justice, 1646; Horseman's Precedents in Conveyancing, 1757; Sheppard's Touchstone of Common Assurances, 1648; Sheppard's Precedent of Precedents, 1655 ; Ancient Kalendars and Inventories of the Exchequer ( Palgrove), 1836; Office of Clerk of Assize, 1682; Bacon's Historical and Discourse on the Laws, etc., of England, 1647; Book of Oaths 1649; Bridgman's Conveyances; Select Precedents, 1682, 1689, 1699, 1725; Jtnes' Works, 1650; Gibson's Codex Juris Ecclesiastici Anglicani, 1671; Stanford's Prerogatives, 1577; Stillingfleet's Ecclesiastical Cases, 1704 ; Perkins' Profitable �LETTER FROM SECRET ARY OF THE LAW SCHOOL. 11 Book, 1584 ; Praxis Utrinsque Banci, 1674; Pulling's Laws, Customs, etc., of London, 1842; Fulton's Statutes, 1632 ; Brownlow's Brevia Judicilia, 1662; East's Pleas of the Crown, 1803; Fitzherbert's New Natura Brevium, 1567, 1598 and 1730. From these few titles some idea may be had of the volumes in this collection, many of them books of exceeding rarity, duplicates of which are not to be found in the United States. It is believed that the location of this collection here will stimulate interest among members of the bar in the study of the history, and the growth and development of our system of law, in addition to its being of much value in questions arising in practice. The acquisition of this collection has been made possible, after the gift of Mr. Gary, by the extraordinary knowledge and diligence of Mr. Soule, of the Boston Book Company. ( 3) International Law. A part of this collection has been received and placed on the library shelves. When complete it will include all printed material relating to Amer1can international Law not now readily accessible to residents of Chicago and the vVest, and in addition will include the most important publications of all th e Euorpean governments and all leading French, German, or English treatises, including translations from other languages. ( 4) Ancient and Oriental Law: A large part of this collection is now on the library shelves. Its nucleus was formed by selections from the libraries of Professors Darmesteter, Gaston Paris, and three other savants of France. When completed it is intended to include all available material of the Hindu, Mohammedan, Hebrew, Babylonian, Egyptian, Greek, Chinese and Japanese systems, as well as the primitive tribal laws of Africa, etc. In its scope this collection is not exceeded by any library, and it is already of great value to persons engaged in research in law, politics or history. A cordial invitation is extended to all alumni to avail themselves of the priviliges of the library. A nominal fee of one dollar per year is charged them and a fee of four �12 BULLETIN OF THE LAW SCHOOL. dollars per year is charged other members of the bar. The School in extending this invitation is not attempting to compete in any way with any other Chicago law library, but simply aims to be of service to the young practitioner or to one whose practice does not warrant the payment of the larger fee charged by other libraries ; to keep the bar in touch with the School; and to cause such an excellent collection of material as is contained in the library to be of the greatest public benefit. The secretary would be very glad to furnish any further information that may be desired concerning the School and its library facilities. Very truly yours, FREDERIC B. CROSSLEY, Secretary of the Law School, Northwestern University Bldg., Chicago. �NORTHWESTERN UNIVERSITY. EVANSTON-CHICAGO. DIRECTORY. The special announcements of the several departments of the University may be had on applications addressed as follows: COLLEGE OF LIBERAL ARTS, The Registrar, University Hall, Evans'-- ton, 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. ARTHUR H. WILDE, PH. D., Acting Principal. GRAND PRAIRIE SEMINARY, Onarga, Ill., REV. FRANK G. BARNES, D. D., President. ELGIN ACADEMY, Elgin, Ill., MR. GEORGE E. SLEIGHT, A. B., Principal. For information concerning the Theological Schools, address as follows: GARRETT BIBLICAL INSTITUTE, REV. CHARLES J. LITTLE, LL. D., Principal. NORWEGIAN-DANISH SEMINARY, REV. NELS E. SIMONSON, 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. �I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series V, Number 3 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1906-1907 November-January Date A point or period of time associated with an event in the lifecycle of the resource 1906 November-1907 January Scripto Transcription A written representation of a document. SERIES V NOVEMBER JANUARY NUMBER NORTHWESTERN UNIVERSITY CHICAGO EVANSTON BULLETIN OF THE SCHOOL OF (UNION COLLEGE OF LAW) F OUNDED LAW OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED Q!JARTERLY BY NORTHW E STERN NORTHWESTERN UNIVERSITY EVANSTON CHICAGO University Faculty QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. SERIES V NOVEMBER JANUAR Y . Page. . LETTER FROM THE SECRETARY OF THE ALUMNI ASSOCIATION . • IL NAMES AND ADDRESSES OF ALUMNI OUTSIDE OF ILLINOIS . . •• Ill. LETTER FRO THE SECRETARY OF THE LAW SCHOOL ......... MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyrigh Northwestern University E Post Chicago Ill. Second . . LETTER FROM THE SECRETARY OF THE ALUMNI ASSOCIATION. CHICAGO . To THE ALUMNI OF THE ScHooL oF LAw OF NORTHWESTERN UNIVERSITY. Brethren ! BULLETIN OF THE LAW SCHOOL. ALBERT KEEP ND Secretary Alumni Association Temple Chicago. II. NAMES AND ADDRESSES OF ALUMNI OUTSIDE OF ILLINOIS. ARIZONA. Cassidy Lysander ' Phoenix. Egan John M. ' Phoenix. Nave Frederick S ' Nogales. ARKANSAS. Beck Herbert M. ' Fort Smith. CALIFORNIA. Adams George P. ' Los Angeles. A William H. ' Broadway Los Angeles. Dyas William G. ' Colusa. Goodbody Frank W . ' San Diego. Hubbard T. Worthington San Francisco. Hurd .Norman H. ' Montgomery St. San Francisco. Jones William M. Jr. ' New Montgomery St. San Francisco. Kenney Elizabeth L. ' & Spring Sts. Los Angeles. Kirkbride Chas. N. ' San Mateo. Marshall Rev. Hugh A. ' L Mesa. Phelps S. J . ' Santa Marie. Polley Frank J . ' Pasadena. Reynolds Jos. F. ' Santa Barbara. Russell John H. ' San Jose. Sanborn Miles Edward ' Yuba. Todd Leroy L. San Francisco. Turel Edmund F. ' San Jose. Vermilyea Minerva A. ' Bishop. Vermilyea Samuel E. ' Bishop. Wilber Edwin J. ' Colgrove. COLORADO. Baca Felix M. ' Trinidad. Berdel Charles A. ' Denver. Cassel John D. ' Denver. Cover Wm. W . ' Lincoln Ave. Denver. Dickson William H. ' Denver. Doud A. Lee ' D . Goddard Luther M. ' Leadville. Hood Thos H. Larimer St. D . North James M. ' Boulder City. Rhone Henry R. ' Delta. Ralston David ' Trinidad. Rogers Henry T. ' Denver. Voght John P. S. ' Denver. CONNECTICUT. Walker Albert H. ' Hartford. IDAHO. Rhea Everett ' Weiser. INDIANA. Atkinson David C. ' Hammond. Bartholomew Alvan D. ' Valparaiso. Brandon Henry J. ' Indianapolis. Chamberlain William ' Warsaw. Crumpacker Shepard ' Westville. BULLETIN OF THE LAW SCHOOL. INDIANA. Continued. Edgerton Dixon ' Fort Wayne. Edwards John H . ' Mitchell. Eller Will ' Bloomington. Eschbach Jesse E. ' Warsaw. Geupal Theodore ' Evansville. Hibberd John A. ' South Bend. Kinsey Francis E. ' Claypool. Link Daniel M. ' Auburn. Loeb Isaac A. ' Anderson. Meyer F. J. Lewis ' South Bend. Reynierson Add Leshe ' Jamestown. Sedgley William ' Kentland. Tibbetts Chas. B. ' Plymouth. Van Fleet John M. ' Elkhart. Webster Weldon ' Logansport. IOWA. Albright Alice M. ' Cedar Rapids. Balliett Stephen E. ' Des Moines. Boling Coella . ' Stanwood. Carter Charles Wesley ' Rock Valley. Gorrell Arthur R. ' Newton. Helm Ezra A. ' Cedar Rapids. Hibberd John A. ' South Bend. Kepler Louis H. ' Mt. Vernon. Kerlin George B. ' Storm Lake. McCoy William J. ' Clinton. Miller George . ' Clarinda. Milchrist William ' Sioux City. Oggel E. Christian ' Orange City. Payne Frank S. ' Mt. Pleasant. Pitcher Perry P. ' J . Platt Franklin C. ' Waterloo. Reisinger Frank W . ' Louis. Robinson George A. ' Hampton. Rockafellow Joseph B. ' Atlantic. Swasey Edward H. ' Dow City. Walters Francis Wm. ' New London. Welch Robert Leslie ' Knoxville. JAPAN. Abo Shiosake ' Tokio. KANSAS. Ames Elmer E. ' Morton. · Dixon George M. ' Burlington. French James W. ' Iola. Higinbotham Scott W . ' Manhattan. Hill Virgil W. ' . Hunt John Topeka. Roberts Herbert F. ' Manhattan. Rowley Milton ' Beloit. Sutherland James W. ' Neodosha. Taylor Joseph ' Pittsburg. Widby J. Thomas ' Girard. Williams Chas. H. ' McPherson. Young Clarence ' Ottawa. KENTUCKY. Nelson J. Clyde ' Sharpsburg. Wood Chas. A. ' Middlesboro. MASSACHUSETTS. Barnett Na ' Boston. Carpenter Arthur E. ' Milk St. Boston. Smith Sydney P . ' Athol. NAMES OF ALUMNI OUTSIDE OF ILLINOIS. MICHIGAN. Connable Alfred B. ' Kalamazoo. Davidson William E. ' Sault Ste. Marie. Hoffman Clare H . '% Constantine. Yaple Edward L. ' Mendon. MINNESOTA. Brace Harrison H. ' St. Anthony' Park. Choate B. ' Minneapo . Dibell Homer E. Duluth. Fort Green L. ' Minneapolis. Reynolds Frank A. Austin. Schmitt Harrison L. ' Mankato. Swift Willi C. ' Pioneer Press Bldg. St. Paul. Trask Chas. S. ' Caledonia. Whipple Warner E. ' Providence Bldg. Duluth. MISSOURI. Brown Robert D. ' Kansas City. German Charles W. ' Kansas City. Hadley Herbert S. ' Jefferson City. Harnsberger William ' Kansas City. Harrington Francis M. ' Kirkville. Hayden Merritt W. ' St. Louis. Mclndoe Hugh ' J . Merrill Henry ' Greenfield. Moore Edwin L. ' Lamar. Moss David H. Jr. ' Paris. Thomas Clarence N. ' La Grange. Slover J . H . ' Independence. Whitman Guy ' Carrollton. NEBRASKA. Balliett Charles H. ' Range Bldg. Omaha. Barnard John C. ' Omaha. Bower John H. ' Madrid. Bryan William J. ' Lincoln. Casto John H. ' Hastings. McCarthy Wm. D. ' Ponca. McNamara Thaddeus ' Tonopah. Richards Chas. L. ' Hebron . Robbins Chas. A. ' Lincoln. Schurtleff Chas. W. ' Stratton. NEW MEXICO. Bayne Charles M. ' Raton. NEW YORK. Congdon Ossian M. ' Ithaca. Gary Elbert H . ' New York City. Heath William R. ' New York City. Munn Chester J. Jr. ' Leyden. Rubel Ira W . ' New York City. Whitehouse Wm. F. ' New York City. Young J. Arnold ' Milton Hudson. NORTH DAKOTA. Fort John F . ' Bisma · . Gregory Charles E. ' Carrington. Simons Chas. B. ' Oriska. Soliday George W. ' Carrington. OHIO. Guthman Roy . ' Youngstown. Herbst Chas. F. Jr. ' Wapakoneta. Kinney Joel F . ' Cincinnati. Miller Wm. E. ' Galena . Whittaker W. H. ' Cincinnati. BULLETIN OF THE LAW SCHOOL. OKLAHOMA. Knapp Wm. Proctor ' Oklahoma City. Webster George T. ' Weatherford. OREGON. Frame Robert A. ' Portland. Pierce Walter M. ' Pendleton. Summers James ' Portland. White T. Brook ' Portland. PENNSYLVANIA. Alexander Robert E. ' Canons . Barnes William S. ' New Wilmington. Keim George C. ' Johnstown. Moorhead Forest G. Fredonia. Rogers John S. ' Charleroi. Schweyer W ' Mifflintown. Webb Curtis L. ' Conneautville. PORTO RICO. Maltman Stewart A. ' Ponce. SOUTH DAKOTA. Boncher Lyman T . ' E . Brown Nathaniel Aberdeen . Dodge Bion A. ' Milbank. Reed Chas. C. ' Sisseton. TEXAS. Hopkins Fred P. ' Marin . VERMONT. McBirney George D. ' Manchester. WASHINGTON D. C. Hayden Samuel V. ' Payne Eugene B. ' Pension B . WASHINGTON. Cowan vVarren E. ' Seattle. Hadley Hiram E. ' Olympia. Haines J. Charles ' Seattle. Hestie Addison W. ' Seattle. Hus Robert J . ' Seattle. Kellogg J A. ' Northport. McBroom Alexander K. ' Spokane Falls. McElwain William P . ' Seattle. McNeil Robert L. ' Seattle. Phillips Paul B. ' Belmont Ave. Seattle. Waterman Howard W ' Boston Block Seattle. WEST VIRGINIA. Moroney Patrick H. ' Parkersburg. WISCONSIN. Baldwin George B. ' Appleton. Block Manfred S. ' Plattevi . Cooper Henry A. ' Racme. Crosby Emery vV. ' Abbotsford. Feld Carl R. ' Watertown. Griffith J H. ' Mil . Hubbell Horner B. ' Beave Dam. Ingall John P. ' E . Lewis Pinckney G. ' Eleventh S . Milwaukee. Luby Clarence Jos. ' Hurley. Marsden Frank F. ' Fenimore. Miller J G. ' La Crosse. Morrow Francis X. ' Oconto. Mulberger Arthur ' Watertown. Tripp George E. ' West Salem. WYOMING. Hagen Graddus R. ' Casper. III. LETTER FROM THE SECRETARY OF THE LAW SCHOOL. CHICAGO . To THE ALUMNI OF THE SCHOOL OF LAW OF NORTHWESTERN UNIVERSITY Inasmuch Law School Alumni Law School . Hence School Hon. Elbert H. Gary Gary Collection Modern Continental Law . Continental Europe . ( ) Codes French German ( ) Justice ( ) ( ) . Continuations . Its ' Chicago BULLETIN OF THE LAW SCHOOL. United States. . During Mr. Gary School ( ) American State Reports English Reports. Official State Reports An State Territorial Reports Illinois United States Reports West Reporter System Statutes Codes State . English Reports Year Books Reprint Edition Law Reports Leading Cases Mew' English Digest English . ( ) English Historical Material. . Among Horne' Mirror Justice Horseman' Precedents Conveyancing Sheppard' Touchstone Common Assurances Sheppard' Precedent Precedents Ancient Kalendars Inventories Exchequer ( Palgrove) Office Clerk Assize Bacon' Historical Discourse Laws . England Book Oaths Bridgman' Conveyances Select Precedents Jtnes' Works Gibson' Codex Juris Ecclesiastici Anglicani Stanford' Prerogatives Stillingfleet' Ecclesiastical Cases Perkins' Profitable LETTER FROM SECRETARY OF THE LAW SCHOOL. Book Praxis Utrinsque Banci Pulling' Laws Customs . London Fulton' Statutes Brownlow' Brevia Judicilia East' Pleas Crown Fitzherbert' New Natura Brevium . From United States. . Mr. Gary Mr. Soule Boston Book Company. ( ) International Law. A . Amer Law Chicago vVest Euorpean French German English . ( ) Ancient Oriental Law A . Its Professors Darmesteter Gaston Paris France. Hindu Mohammedan Hebrew Babylonian Egyptian Greek Chinese Japanese Africa . . A . A BULLETIN OF THE LAW SCHOOL. . School Chicago School . School . Very FREDERIC B. CROSSLEY Secretary Law School Northwestern University Bldg. Chicago. https://plrccollections.org/files/original/b848b81fe870f8d4af1eccf131a798c0.pdf 3da17aec759d5677ea00e160f7402978 PDF Text Text SERIES V AUGUST-OCTOBER, 1906 NUMBER z NORTHWESTERN UNIVERSITY CHICAGO-EVANSTON BULLETIN OF THE LAW SCHOOL OF (UNION COLLEGE OF LAW) FOUNDED 1859 OFFICE OF PUBLICATION NORTHWESTERN UNIVERSITY BUILDING LAKE AND DEARBORN STREETS CHICAGO PUBLISHED QYARTERLY BY NORTHWESTERN UNIVERSITY �NORTHWESTERN UNIVERSITY 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 LA w SCHOOL, in Chicago. Founded in 1859. THE SCHOOL OF PHARMACY, in Chicago, Founded in 1886. THE DENTAL SCHOOL, in Chicago, Founded in 1887. 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. �. �WEST AISLE OF LAW SCHOOL BUILD ING. �QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. 2, SERIES V, AUGUST-OCTOBER, I. II. 1906. PAGE VIEW OF WEST AISLE OF LIBRARY. • • . . . . . . . • . . . . • . . • • • • • . • 1 CHRONICLES OF THE LAW SCHOOL 1. Legal course for Bankers. . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Action of the Faculty relative to the establishment of a fourth year, or graduate course, leading to III. the degree of Juris Doctor . . . . . . . . . . . . . . . . . . . . . . 3 3. Annual Banquet of the Alumni Association.. . . . . . 5 4. Commencement Exercises . . . . . . . . . . . . . . . . . . . . . . . . . 6 LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR 7 1906-1907 MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyright 1906. by Northwestern University. Entered at the Post-office at Chicago. Ill ., as Second-class matter. �CHRONICLES OF THE LAW SCHOOL. 1. LEGAL COURSE FOR BANKERs.-Commencing Tuesday, September 25, the Law School will offer a course in the law applicable to banks and banking. This course is given at the request of the members of the Chicago Chapter of the American Institute of Bank Clerks and is the result of an increasing demand by banks throughout the country for the services of men possessing some substantial knowledge of the law relating to banks and banking. The course does not aim in any measure to prepare men for the practice of law, but will be limited strictly to instruction in the subjects hereinafter named so far as they relate to the special feature of law that is heing studied. At present the Institute of Bank Clerks provides for instruction through a correspondence course directed by instructors in two recognized Eastern law schools; the course in this school is designed to offer to its members who may be able to attend personally the advantage of residence work over that of correspondence study. The course will cover a period of nine months, during which. the following named subjects will be taken up, the number of lectures following each subject: Contracts, 40; Bills and Notes, 24; Corporations, 16; Trusts, 10; Agency, 10 ; Partnership, 8; Municipal Corporations, 6; Suretyship, 10; Bankruptcy, 4. The subject of Contracts, which will occupy the first lectures, will be treated more broadly than the other subjects and will be completed, or nearly so, before any other is commenced. An examination will also be given on Contracts when completed, whereas examinations in the remaining subjects will be given at the end of the entire course. Requirements for admission to this course are (a) membership in the American Institute of Bank Clerks; and (b) 2 �CHRONICLES OF THE LAW SCHOOL. 3 ability to pursue the studies, which ability shall be determined by the instructor. Students registered in the course will be considered as special students in the Law School and will be entitled to all library privileges. Should any person after satisfactorily completing this course register as a candidate for a degree, and meet the requirements of the school governing admission as a regular student, such person may receive credit for work done in this course. Students satisfactorily completing the course will be given a certificate setting forth the satisfactory completion of the Legal Course for Bankers. The fee for the course will be $35, payable $15 within ten days after registration, $10 January 10, and $10 April 1. All students registering at the beginning of the course will be obligated for the entire fee of $35. Students will be required to purchase certain books to be used throughout the year, the cost of which will not exceed $12. This cost to the individual can doubtless be reduced by two or three students purchasing and using together one set of books. The first session will be held in Hoyne Hall, at the Law School, Tuesday, September 25, 1906, at 5.30 p. m., and at this session the regular hour for lectures and the number of sessions per week will be determined. For further information, inquiries may be addressed to Mr. John Williams, care First National Bank, Chicago; or, the Secretary of the Law School, Northwestern University Building, Chicago. 2. FOURTH YEAR OR GRADUATE CouRSE.-The Faculty of the Law School on June 1, 1906, voted to recommend to the Board of Trustees of the University the addition of following described fourth year, or graduate course, to the present curriculum of the school: A. Lecture Courses. Any third-year courses not previously taken. B. Reading Courses. (The hours named represent the units of credit obtainable in �4 BULLETIN OF THE LAW SCHOOL. each subject. The credit is awarded in each course upon the basis of a written examination and a thesis, essay or report.) 1. History and Biography of the Bench and Bar. One hour. (To include the reading of all the materials named in Course B, Prescribed reading; and an essay on a selected topic). 2. History of the English Legal System. One hour. (To include the reading of all the materials named in Course BB, Optional Reading; and an essay on a selected topic. 3. History of American Law. One hour. (A study of the history of some subject in the law of one or more jurisdictions of the United States) . 4. Analytical Jurisprudence. One hour. (To include the reading of all the materials named in Course C, 1, a, Prescribed Reading; and an essay on a selected topic) . S. Primitive Law. One hour. (To include the reading of all the materials named in Course C, 1, b, Prescribed Reading; and an essay on a selected topic) . 6. History of Roman Law. One hour. (A study in the history of some topic in Roman Law; the lecture course on Roman Law, or its equivalent, must be preceded). 7. History of Germanic Law. One hour. (To include the reading of all the materials named in Course C, 4, Prescribed Reading; and an essay on a selected topic) . 8. Modern Continental Law of Europe. One hour. (A study of some subject of contemporary law in one or more European Continental countries). 9. Comparative Legislation. One hour. (A study of some problem of modern legislation in two or more countries of Europe or America). 10. Comparative History of Legal Ideas. One hour. (A study of the development of some legal idea or transaction in different independent systems, European and non-European). 11. Legal Bibliography. One hour. (The preparation of a topical bibliography on some one of the branches of law, or a substantial part of it, named in these courses) . 12. Ecclesia.stical Law. One hour. (A study of some topic of ecclesiastical law, European or American) . 13. Constitutional and Administr1JJtive Law of Continental Europe. (A comparative study of some constitutional or administrative principle in the countries of Continental Europe). 14. Legal Ethics. One hour. (A study of some problem of legal ethics). 15. Principles of American Law. (A study of some doctrine or rule of law in one or more jurisdictions of the United States). .i �CHRONICLES OF THE LAW SCHOOL. 5 16. Parliamentary Law. One hour. (A study of some rule of parliamentary law or practice, as applied to-day in legislative, municipal, corporate, and other deliberative bodies. (For Bulletin containing description of Courses in Prescribed Reading, address the Secretary) . DEGREE OF l . D. (luriS: Do·ctor) . The degree of Juris Doctor will be conferred under the following conditions: The candidate (a) Must present a diploma of the degree of A. B., or its equivalent, from the Faculty of Liberal Arts of this University, or of some other in which the requirements are substantially equivalent, or a certificate showing the completion of at least two years' work under that Faculty, and including at least one course each in Latin, French, and German; (b) Must have obtained the degree of Bachelor of Laws in this University, or in one whose requirements are substantially equiva. lent; (c) Must obtain credit in the courses of the Fourth (Graduate) year to the amount of twenty (20) term hours, of which not more than ten (10) are to be obtained in the Lecture courses and not less than ten ( 10) in the Reading courses; but in the Reading courses the work done in any one of the courses may be given a credit not to exceed five hours, or in any two or any three of the courses a credit not to exceed seven hours, provided two members of the Faculty so certify. Candidates must register on or before the first Monday in October of the year of candidacy; they must pay half the fees of a special student for the lecture courses, the library fee of alumni, and a diploma fee of twenty dollars. 3. ANNUAL BANQUET OF THE ALUMNI ASSOCIATION.The annual banquet of the Alumni Association was held at the rooms of the Mid-Day Club, First National Bank Building, on the evening of Thursday, June 14, Charles H. Hamill, '93, presiding. Addresses were made by Glenn E. Plumb; Professor Frederic C. Woodward; Warren M. Davis, '06; Charles C. Linthicum, '82; and Dean John H. Wigmore. The following officers were elected for the ensuing year: President, Edgar B. Tolman, '82. �6 BULLETIN OF THE LAW SCHOOL. First Vice-President, Mitchell D. Follansbee, '93. Second Vice-President, William Rothman, '96. Third Vice-President, Warren M. Davis, '06. Secretary, Albert Keep, '03. Treasurer, Samuel E. Knecht, '91. 4. COMMENCEMENT EXERCISEs.- The forty-eighth annual commencement exercises of the University were held at the Auditorium, Chicago, on Thursday, June 21. The commencement address was given by Hon. Stewart L. Woodford. The total number of degrees conferred was as follows: Master of Arts, Science, or Letters, 15; Bachelor of Arts, Science, or Letters, 136; Doctor of Medicine, 122; Bachelor of Laws, SO; Phermaceutical Graduates and Chemists, 35 ; Doctor of Dental Surgery, 100; Graduates in Music, 10. The Callaghan Prize, for the highest scholarship throughout the entire law course, was awarded to Francis Reynolds Dickinson, A.B., of Chicago, with honorable mention to William Harrison Haight, B.L., of Cambridge, Wis. The Towle Prizes for proficiency in public speaking were awarded as follows: First prize, James Jackson Forstall, B.L. ; second prize, Laurence Alfred Cohen. The names of the recipients of the degree of Bachelor of Laws are as follows: Adams, Cyrus H., Jr., Anderson, George Fridolf, Becker, John Richard, Bell, Benj . S., Brothers, William Vincent, Burns, William Cullen, Candee, Robert, Capron, William, Jr., Cohan, Benjamin Edward, Collins, Kenneth Prentice, Colton, Chauncey Corey, Cutting, Robert Myron, Davis, Warren Marcus, Dickinson, Francis Reynolds, Eddy, Morton Hoit, Engstrom, Ebenezer Washington, Finerty, John F., Jr., Garnett, Elmer Logan, Goldstine, Isaac Oscar, Haight, William Harrison, Hinckley, Francis Edward, Hunt, Anthony, Johnston, William Walter, Kolb, Theodore Augustus, Krause, Hugo Foster, Lucius, Albert Edward, Martin, Andrew Aloysius, Mies, Frank Peter, Moore, Willis Samuel, McCord, Downer, McKinney, Fred Landin, McNeil, Robert Lincoln, N ordhold, Robert J., Peacock, Ernest, Rich, Ernest Paul, Ridgely, Claude V., �CHRONICLES OF THE LAW SCHOOL. Romans, John Brown, Rundall, Charles Owen, Secord, Frederick, Smietanka, Alexander Michael, Straus, Ira E., Taylor, David W ., Thomason, Samuel Emory, III. 7 Todd, Leroy Levi, Von Ammon, Ernest Carl, Warner, George Raymond, Winnen, Victor Charles, Wilcox, Jesse Franklin, Winston, Garrard Bigelow, Yates, Robert Mortimer. LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR 1906-07. FIFTH 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 these lectures. No fee is charged. 1. Oct. 8. Acq1,isition and Retention of a Clientage. John S. Miller, Esq. ( of the firm of Peck, Miller & Starr) . 2. Oct. 15. Selection and Management of a Jury. James M. Sheean, Esq. ( of the firm of Calhoun, Lyford & Sheean). 3. Oct. 22. Examination of Witness es. Amos C. Miller, Esq. (of the firm of Lackner, Butz & Miller). 4. Oct. 29. Preparation of a Case for Trial, with Particular Reference to Chancery. George A. Follansbee, Esq. (of the firm of Follansbee, McConnell & Follansbee). 5. Nov. 5. The Lawyer's Mistakes as S een by a Physician. Archibald Church, M. D. (Professor of Medical Jurisprudence in the Medical School of Northwestern University). 6. Nov. 12. Methods of Keeping and Using County Records. Abel Davis, Esq. ( County Recorder of Cook County) . 7. Nov. 19. Life and Bene-fit Insurance Practice. Charles J. Kavanagh, Esq. (General Solicitor for the National Union) . 8. Nov. 26. Bankruptcy Practice. W. Tudor ApMadoc, Esq. (of the firm of Peckham, Packard, ApMadoc & Walsh) . 9. Dec. 3. Practice in Surety and Indemnity Cases. Frederic F . Norcross, Esq. (Attorney for the American Surety Co.). 10. Dec. 10. Practice Under the Torrens System of Land Titles. Charles G. Little, Esq. (Examiner of Titles for Cook County). 11. Dec. 17. Practice and Pleading Under the Illinois Statutes. Keene H . Addington, Esq. (joint editor of Keene & Addington's Supplement to Illinois Statutes). �8 BULLETIN OF THE LAW SCHOOL. Dec. 24. ( Christmas Recess. No Address). Dec. 31. ( Christmas Recess. No Address). 1907. 12. Jan. 7. Ways and Manners of the Legislature in its LawMaking. Wm. H. McSurely, Esq. (of the firm of Burley & McSurely; member of the Illinois State Assembly). 13. Jan. 14. Criminal Practice. Harry Olson, Esq. (First Assistant State's Attorney for Cook County). 14. Jan. 21. Methods of Keeping and Using Judicial Records. John H. Best, Esq. (Chief Record Writer for the Circuit Court of Cook County). 15. Jan. 28. Ways and Manners of Judges. Hon. Charles G. Neely (formerly Judge of the Circuit Court of Cook County). • 16. Feb. 4. Appellate Court Practice. John A. Rose, Esq. (General Attorney for the Chicago Union Traction Co.). 17. Feb. 11. Common Sense in Examining Land Titles. Harrison B. Riley, Esq. ( Secretary and Chief Examiner of the Chicago Title and Trust Co.) . 18. Feb. 18. Trial of Assumpsit Suits. John G. Campbell, Esq. ( of the firm of Defrees, Brace & Ritter) . 19. Feb. 25. Practice Before Masters in Chancery. Thomas Taylor, Jr., Esq. (Master in Chancery for Cook County). 20. Mar. 4. The Art of Writing Briefs and Making Legal Arguments. Wm. K. Lowrey, Esq. 21. Mar. 11. The Trial of a Celebrated Criminal Case. Wm. S. Forrest, Esq. �NORTHWESTERN UNIVERSITY. EVANSTON-CHICAGO. DIRECTORY. The special announcements of the several departments of the University may be had on applications addressed as follows: COLLEGE OF LIBERAL ARTS, 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, Chicago. Northwestern University Bldg., SCHOOL OF Music, The Secretary, Music Hall, Evanston, Ill. For information concerning the non-degree conferring departments, address THE ACADEMY, Evanston, Ill., PROF. ARTHUR H. WILDE, PH. D., Acting Principal. GRAND PRAIRIE SEMINARY, Onarga, Ill., REv. FRANK G. BARNES, D . D., President. ELGIN ACADEMY, Elgin, Ill., MR. GEORGE E. SLEIGHT, A. B., Principal. For information concerning the Theological Schools, address as follows: GARRETT BIBLICAL INSTITUTE, REv. CHARLES J. LITTLE, LL. D ., Principal. NORWEGIAN-DANISH SEMINARY, REv. NELS E. SIMONSON, 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. Evanston, Ill. H. D., Director, The Interstate School of Correspondence is located in the Studebaker Building, 378-388 Wabash Avenue, Chicago. �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div id="titleText">The Northwestern University Bulletin of the School of Law Collection</div> <div id="photo"><img src="http://plrccollections.org/files/original/30d1e1ea3619048ce48af8dfa399b354.jpg" alt="Bulletins" /></div> Description An account of the resource For more than a century, the Law School regularly published a bulletin featuring information such as the names of the faculty and students, the curriculum, and the programs and publications offered at that time. Several special issues relate to summer sessions, legal topics, and the legal clinic. Identifier An unambiguous reference to the resource within a given context Bulletins Date A point or period of time associated with an event in the lifecycle of the resource 1874-1991? Format The file format, physical medium, or dimensions of the resource Paper Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource <div class="hide">Bulletin of the School of Law</div> Description An account of the resource Series V, Number 2 of the quarterly <i>Bulletin of the School of Law</i>. Identifier An unambiguous reference to the resource within a given context Bulletins 1906 August-October Date A point or period of time associated with an event in the lifecycle of the resource 1906 August-October Scripto Transcription A written representation of a document. SERIES V AUGUST OCTOBER 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 PUBLISHED QUARTERLY BY NORTHWESTERN UNIVERSITY NORTHWESTERN UNIVERSITY EVANSTON CHICAGO University Faculty LAW SCHOOL BUILDING. QUARTERLY BULLETIN OF THE SCHOOL OF LAW CONTENTS OF No. SERIES V AUGUST OCTOBER . PAGE . VIEW OF WEST AISLE OF LIBRARY. • • . . . . . . . • . . . . • . . • • • • • . • II. CHRONICLES OF THE LAW SCHOOL . Legal Bankers. . . . . . . . . . . . . . . . . . . . . . . . . . . Action Faculty Juris Doctor. . . . . . . . . . . . . . . . . . . . . . . Annual Banquet Alumni Association.. . . . . . . Commencement Exercises . . . . . . . . . . . . . . . . . . . . . . . . . III. LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR MEMBER OF THE ASSOCIATION OF AMERICAN LAW SCHOOLS Copyright . Northwestern University. Entered Post Chicago. Ill . Second . CHRONICLES OF THE LAW SCHOOL. . LEGAL COURSE FOR BANKERs. Commencing Law School . Chicago Chapter American Institute Bank Clerks . . Institute Bank Clerks Eastern . . Contracts Bills Notes Corporations Trusts Agency Partnership Municipal Corporations Suretyship Bankruptcy . Contracts . An Contracts . Requirements ( ) American Institute Bank Clerks ( ) CHRONICLES OF THE LAW SCHOOL. . Students Law School . Should . Students Legal Course Bankers. $ $ $ $ . All $ . Students $ . . Hoyne Hall Law School . . . . Mr. John Williams First National Bank Chicago Secretary Law School Northwestern University Building Chicago. . FOURTH YEAR OR GRADUATE CouRSE. Faculty Law School Board Trustees University A. Lecture Courses. Any . B. Reading Courses. ( BULLETIN OF THE LAW SCHOOL. . .) . History Biography Bench Bar. One . (To Course B Prescribed ). . History English Legal System. One . (To Course BB Optional Reading . . History American Law. One . (A United States) . . Analytical Jurisprudence. One . (To Course C Prescribed Reading ) . . S. Primitive Law. One . (To Course C Prescribed Reading ) . . History Roman Law. One . (A Roman Law Roman Law ). . History Germanic Law. One . (To Course C Prescribed Reading ) . . Modern Continental Law Europe. One . (A European Continental ). . Comparative Legislation. One . (A Europe America). . Comparative History Legal Ideas. One . (A European European). . Legal Bibliography. One . ( ) . . Ecclesia. Law. One . (A European American) . . Constitutional Administr JJtive Law Continental Europe. (A Continental Europe). . Legal Ethics. One . (A ). . Principles American Law. (A United States). CHRONICLES OF THE LAW SCHOOL. . Parliamentary Law. One . (A . ( Bulletin Courses Prescribed Reading Secretary) . DEGREE OF . D. (luriS Do· ) . Juris Doctor ( ) Must A. B. Faculty Liberal Arts University ' Faculty Latin French German ( ) Must Bachelor Laws University . ( ) Must Fourth (Graduate) ( ) ( ) Lecture ( ) Reading Reading Faculty . Candidates . . ANNUAL BANQUET OF THE ALUMNI ASSOCIATION. Alumni Association Mid Day Club First National Bank Building Charles H. Hamill ' . Addresses Glenn E. Plumb Professor Frederic C. Woodward Warren M. Davis ' Charles C. Linthicum ' Dean John H. Wigmore. President Edgar B. Tolman ' . BULLETIN OF THE LAW SCHOOL. First Vice President Mitchell D. Follansbee ' . Second Vice President William Rothman ' . Third Vice President Warren M. Davis ' . Secretary Albert Keep ' . Treasurer Samuel E. Knecht ' . . COMMENCEMENT EXERCISEs. University Auditorium Chicago . Hon. Stewart L. Woodford. Master Arts Science Letters Bachelor Arts Science Letters Doctor Medicine Bachelor Laws SO Phermaceutical Graduates Chemists Doctor Dental Surgery Graduates Music . Callaghan Prize Francis Reynolds Dickinson A.B. Chicago William Harrison Haight B.L. Cambridge Wis. Towle Prizes First James Jackson Forstall B.L. Laurence Alfred Cohen. Bachelor Laws Adams Cyrus H. Jr. Goldstine Isaac Oscar Anderson George Fridolf Haight William Harrison Becker John Richard Hinckley Francis Edward Bell Benj . S. Hunt Anthony Brothers William Vincent Johnston William Walter Burns William Cullen Kolb Theodore Candee Robert Krause Hugo Foster Capron William Jr. Lucius Albert Edward Cohan Benjamin Edward Martin Andrew Aloysius Collins Kenneth Prentice Mies Frank Peter Colton Chauncey Corey Moore Willis Samuel Cutting Robert Myron McCord Downer Davis Warren Marcus McKinney Fred Landin Dickinson Francis Reynolds McNeil Robert Lincoln Eddy Morton Hoit N Robert J. Engstrom Ebenezer Washington Peacock Ernest Finerty John F. Jr. Rich Ernest Paul Garnett Elmer Logan Ridgely Claude V. CHRONICLES OF THE LAW SCHOOL. Romans John Brown Rundall Charles Owen Secord Frederick Smietanka Alexander Michael Straus Ira E. Taylor David W . Thomason Samuel Emory Todd Leroy Levi Von Ammon Ernest Carl Warner George Raymond Winnen Victor Charles Wilcox Jesse Franklin Winston Garrard Bigelow Yates Robert Mortimer. III. LIST OF ADDRESSES IN THE COURSE ON LEGAL TACTICS FOR . FIFTH ANNUAL SERIES. All Hurd Hall Law School Northwestern University Building Lake Dearborn ' . All . No . . Oct. . Acq Retention Clientage. John S. Miller Esq. ( Peck Miller & Starr) . . Oct. . Selection Management Jury. James M. Sheean Esq. ( Calhoun Lyford & Sheean). . Oct. . Examination Witnesses. Amos C. Miller Esq. ( Lackner Butz & Miller). . Oct. . Preparation Case Trial Particular Reference Chancery. George A. Follansbee Esq. ( Follansbee McConnell & Follansbee). . Nov. . Lawyer' Mistakes S Physician. Archibald Church M. D. (Professor Medical Jurisprudence Medical School Northwestern University). . Nov. . Methods Keeping Using County Records. Abel Davis Esq. ( County Recorder Cook County) . . Nov. . Life Bene Insurance Practice. Charles J. Kavanagh Esq. (General Solicitor National Union) . . Nov. . Bankruptcy Practice. W. Tudor ApMadoc Esq. ( Peckham Packard ApMadoc & Walsh) . . Dec. . Practice Surety Indemnity Cases. Frederic F . Norcross Esq. (Attorney American Surety Co.). . Dec. . Practice Under Torrens System Land Titles. Charles G. Little Esq. (Examiner Titles Cook County). . Dec. . Practice Pleading Under Illinois Statutes. Keene H . Addington Esq. ( Keene & Addington' Supplement Illinois Statutes). Dec. . Dec. . . . Jan. . . Jan. . . Jan. . . Jan. . . Feb. . . Feb. . . Feb. . . Feb. . . Mar. . . Mar. . BULLETIN OF THE LAW SCHOOL. ( Christmas Recess. No Address). ( Christmas Recess. No Address). Ways Manners Legislature Law Making. Wm. H. McSurely Esq. ( Burley & McSurely Illinois State Assembly). Criminal Practice. Harry Olson Esq. (First Assistant State' Attorney Cook County). Methods Keeping Using Judicial Records. John H. Best Esq. (Chief Record Writer Circuit Court Cook County). Ways Manners Judges. Hon. Charles G. Neely ( Judge Circuit Court Cook County). • Appellate Court Practice. John A. Rose Esq. (General Attorney Chicago Union Traction Co.). Common Sense Examining Land Titles. Harrison B. Riley Esq. ( Secretary Chief Examiner Chicago Title Trust Co.) . Trial Assumpsit Suits. John G. Campbell Esq. ( Defrees Brace & Ritter) . Practice Before Masters Chancery. Thomas Taylor Jr. Esq. (Master Chancery Cook County). Art Writing Briefs Making Legal Arguments. Wm. K. Lowrey Esq. Trial Celebrated Criminal Case. Wm. S. Forrest Esq.