Gambar halaman
PDF
ePub

All but a very small per cent of the cases coming to the attention of the American examiner involve no question of chemistry, except, perhaps, comparatively simple tests with reagents for the differentiation of inks, and the like.

But for those cases where chemistry is involved, either in the matter of paper, ink or pencil pigment, the author has painstakingly set down methods for arriving at definite conclusions and has carefully tabulated the results of large numbers of his own experiments and tests in a way which cannot but be exceedingly helpful. The work on the differentiation of black and copying pencil pigments is especially valuable and opens up a field probably somewhat neglected by the American examiner. Certainly the book should be on the shelves of every person interested in the examination of questioned documents.

JAY FORDYCE WOOD.

ARTICLES IN PERIODICALS ORIGINAL SCOPE OF THE LEX AQUILIA. H. F. Jolowicz. L. Q . Rev. XXXVIII

220. VISCOUNT BRYCE: PERSONAL RECOLLECTIONS. S. H. Leonard: J. E. Strahon.

L. Q. Rev. XXXVIII 231 CONSTITUTIONAL LAW: 1920-21. Thomas R. Powell. Mich. L. Rev. XX

261, 381. MUTUALITY IN SPECIFIC PERFORMANCE. Edgar N. Durfee. Mich. L. Rev.

XX 289. 'Ex Post Facto' IN THE CONSTITUTION. Oliver P. Field. Mich. L. Rev.

XX 315. REQUISITIONED AND GOVERNMENT OWNED SHIPs. J. Whitla Stinson. Mich.

L. Rev. XX 407. SERVICE FOR DUE PROCESS IN ACTIONS IN PERSONAM. Charles K. Burdick.

Mich. L. Rev. XX 422. Net INCOME AND JUDICIAL ECONOMICS. Henry Rottschaefer. Mich. L. Rev.

XX 577. WAR-TIME IMMUNITY OF GOVERNMENT OFFICERS: Act of 1863. James G.

Randall. Mich. L. Rev. XX 589. DUE PROCESS AND PUNISHMENT. Clarence E. Laylin: Alonzo H. Tuttle.

Mich. L. Rev. XX 614. COMPULSORY CONSTRUCTION OF New LINES OF RAILROAD. Kenneth F. Bur

gess. Mich. L. Rev. XX 699. JUDGES IN THE EXECUTIVE COUNCIL OF UPPER CANADA. William W. Riddell.

Mich. L. Rev. XX 716. SOCIAL AND ECONOMIC INTERPRETATION OF THE FOURTEENTH AMENDMENT.

Robert E. Cushman. Mich. L. Rev. XX 737. VENUE IN DIVORCE CASES. Robert Tucker. Oregon L. Rev. I 93. INSANITY DEFENSE. W. T. Williamson. Oregon L. Rev. I 100. ORIGIN OF TRIAL BY JURY—II. Robert von Moschzisker. Penn. L. Rev.

LXX 73. FRUSTRATION IN CONTRACT. Wm. J. Conlen. Penn. L. Rev. LXX 87. PRINT AND LABEL Law. Herbert A. Howell Penn. L. Rev. LXX 95. RIGHTS INCIDENT TO REALTY. Henry U. Sims. Va. L. Rev. VIII 317. FORMULA PROCEDURE OF ROMAN LAW. A. Kocourek. Va. L. Rey. VIII 337.

JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN VIRGINIA. Armistead M.

Dobie. Va. L. Rev. VIII 477. RIGHTS CONFERRED BY LETTERS PATENT FOR INVENTION. Charles J. William

son. Va. L. Rev. VIII 507. DEPOSITION USED BY ADVERSE Party. Geo. T. Trumbull. Va. L. Rev.

VIII 516. BUSINESS SITUS OF CREDITS. Thomas R. Powell. W. Va. L. Q. XXVIII 89. FINALITY OF COMMISSION RATE REGULATIONS. Thos. P. Hardman. W. Va.

L. Q. XXVIII 111. CONSTITUTIONALITY OF EMERGENCY RENT REGULATION Walter F. Dodd.

W. Va. L. Q. XXVIII 125. INTERNATIONAL JUSTICE. John W. Davis. W. Va. L. Q. XXVIII 161. MENACE OF "COUNTER' PHRASES. Wm. A. Sutherland. W. Va. L. Q.

XXVIII 179. Non-JOINDER AND MISJOINDER OF PARTIES. Henry C. Jones: Leo Carlin.

W. Va. L. Q. XXVIII 197. How to DRAFT FINDINGS OF FACT AND CONCLUSIONS OF Law. Edgar V.

Werner. Wis. L. Rev. I 321. RECORDING OF DEEDS IN Wisconsin. Oliver S. Rundell. Wis. L. Rev.

I 340. REGULATION OF PRICES. Philip F. La Follette. Wis. L. Rev. 407. CLASSIFICATION OF UTTERANCES ADMISSIBLE AS RES GESTAE. Edmund M.

Morgan. Yale L. Jour. XXXI 229. ADMINISTRATION OF Criminal Law. Edwin R. Keedy. Yale L. Jour.

XXXI 240. PERMANENT BASIS FOR RATE REGULATION. Donald R. Richberg. Yale L.

Jour. XXXI 263. TERMINATION BY DEATH OF PROPRIETARY POWERS OF ATTORNEY. Warren A.

Seavey. Yale L. Jour. XXXI 283. BENEFICIARY'S INTEREST IN LIFE INSURANCE. Wm. R. Vance. Yale L. Jour.

XXXI 343. RECENT PHASES OF EVOLUTION OF CASE LAW. Cuthbert W. Pound. Yale

L. Jour. XXXI 361. INCOME TAXES ON FUTURE INTERESTS. John M. Maguire. Yale L. Jour.

XXXI 367. ENGLISH CORPORATION LAW IN THE 16TH AND 17TH CENTURIES. W. S. Holds

worth. Yale. L. Jour. XXXI 382. THE TRUST AS AN INSTRUMENT OF Law REFORM. Austin W. Scott. Yale L.

Jour. XXXI 457. 'De Facto' RECOGNITION. Thomas Baty. Yale L. Jour. XXXI 469. CONTRACTS FOR THE BENEFIT OF THIRD PERSONS IN CONNECTICUT. Arthur L.

Corbin. Yale L. Jour. XXXI 489. LIMITATION OF SHIPOWNER'S LIABILITY. Wharton Poor. Yale L. Jour.

XXXI 505. QUASI DELICT. Nathan Isaacs. Yale L. Jour. XXXI 571. SURETY'S RIGHT TO INDEMNITY: EFFECT OF PRINCIPAL'S BANKRUPTCY. Gar

rard Glenn. Yale L. Jour. XXXI 582. FORGED CHECKS: DUTY OF DEPOSITOR. Herschel W. Arant. Yale L. Jour.

XXXI 598. IMPOSSIBILITY OF EFFECTING CONTRACTUAL INCOMPETENCE AND ITS CONSE

QUENCES. René Demogue. Yale L. Jour. XXXI 626. RECEIVERSHIPS OF CORPORATIONS. Chas. T. Payne. Yale L. Jour. XXXI

685. NATURALIZATION AND EXPATRIATION. Richard W. Flournoy, Ir. Yale L.

Jour. XXXI 702. CASEBOOK ON LEGAL HISTORY. Francis S. Philbrick. Yale L. Jour. XXXI

720. SOURCES OF ACQUISITION OF COMMUNITY PROPERTY. Alvin E. Evans. Yale

L. Jour. XXXI 734.

[blocks in formation]

[In Illinois a new practice has arisen for induction to the bar. The successful candidates for bar admission are presented to the court and a member of the court addresses them. This departure is to be commended. There is great need today—the need is greater than ever before-for indoctrinating entrants to the bar with the ethical responsibilities of the profession. The following impressive address of Mr. Justice Dunn of the Illinois Supreme Court was delivered at Springfield on December 14, 1922, to a group of about one hundred newly admitted Illinois lawyers.-ED.]

Young men and young women whom the doors of a great profession have just opened to admit, on behalf of the court I welcome you to the bar. Your names will be written upon the lists which constitute the distinguished roll of. attorneys of this court, and it depends upon your character and efforts whether you shall show yourselves worthy associates in that honorable company and shall help to maintain its exalted standards or shall degrade them. Not every one of you will be a Lincoln or a Davis, a Caton, a Swett or a Scholfield, but any of you, by his character and conduct in his profession, can, and each of you should, exemplify to the community in which he lives the fact that the law is not a mere trade or business by which to earn a livelihood or to accumulate wealth, but is a profession in which success is not measured by the acquisition of money but by service rendered. It is not permitted to every person to appear in court, to advise and represent clients and to practice law merely at his own discretion as any man may work at a trade or engage in any kind of commercial business. While the attorney is not in any technical sense a civil officer of the government, he is in a real sense an officer of the court, permitted to practice his profession only by the court's license after an examination as to his general education, his professional acquirements and his general fitness and moral character, and he is subject to the discipline of the court for misconduct in his office. By his license the attorney secures the exclusive right of representing suitors in court and he becomes a recognized part of the state's judicial system, engaged in the administration of justice. He occupies the double relation of an officer of the court and the representative of his client and he owes no greater duty to one than the other, being bound to act with absolute good faith toward both. He is bound to give to his clients his best efforts to secure their rights, and on the other hand to present to the court honestly and truthfully the questions of law and fact on which those rights depend. Upon the faithful observance by lawyers of these fundamental principles of their relation to the court and to their clients, and upon their character and conduct in their office and trust depends the efficiency of the administration of the law by the courts quite as much as upon the learning of the judges or the honesty and intelligence of jurors. Character, the most scrupulous integrity, is the first requisite for a lawyer, truth to his client, truth to the court, truth to his adversary. If in his desire to get on he forgets to be honest, he is lost. No matter how much money he may make, how much material prosperity may seem to attend him, how great a success he may seem according to a commercial or trading standard, in his profession he is a failure. In self-respect, in the respect of the courts, in the respect of his associates at the bar, the lawyer is bankrupt who is without a character not only for fidelity to his client but also for truth to the court and to his adversary.

Besides character a lawyer needs some learning, not only in the law but in everything else within his reach. Your license will be evidence that you possess a certain amount of legal knowledge and a certain amount of general education, but not very much. Our rules have not established a very high standard of general education for admission to the bar; it may be because among the people generally the prevalent notion of the law regards it as a business by means of which to make a living or acquire a fortune, as in any form of commercial undertaking, and not as a profession such as they look upon medicine as being. If any of you have given entrance in your thought to such an idea you should get rid of it at once. The law is a science requiring, and worthy in itself of the untiring, studious application of well trained minds, and the person, young or old, who undertakes its practice without adequate preparation, subjects himself to a serious handicap which can be overcome only by unceasing, tireless effort and study. Not only does the lawyer need to study the law, but the lawyer, successful in his profession, and not in his trade, must be an untiring, diligent and lifelong student of every branch of human knowledge. No item of knowledge which he may acquire upon any subject is useless, for he touches every interest in life from the most private personal relations, through the whole scale of business, industry and enterprise of every kind, to the gravest questions arising among nations. He requires a thorough knowledge of business and all commercial transactions; he may have to be able not only to understand but to expound religious creeds and the canons of churches; he will need a knowledge of anatomy, medicine and surgery to enable him to discuss them on an equality with skillful physicians and surgeons; a knowledge of mechanics and the applied sciences, architecture, civil, electrical, and mining engineering, and chemistry will be useful to him and may become necessary at any time. So, in addition to character, which includes truth and loyalty, and learning, which presupposes ability, the lawyer must have energy and untiring industry.

The profession of the law is a great and noble calling. It is not a mere trade, a means of getting a livelihood. Living is desirable, but it is not the only object in life, or the highest. There is a nobler purpose in the profession of the law and its success is not measured only by commercial standards. The whole field of human endeavor, material, moral, intellectual, and political, comes within the domain of the lawyer's work. Because of their training, their knowledge and their intellectual activity and ability, lawyers are at the front in all important affairs, whether public or private. They are the counselors and advisers of great trusts and corporations; they also constitute a large part of the legislatures. They should not forget that the rule of ethics for the lawyer and the legislator is the same as for any citizen in any other walk of life. The lawyer owes a great duty to his profession, but he should not forget that, in proportion to his opportunities, he also owes a great duty to his country. On great public questions he must not permit his interests or those of his clients to control his judgment. He must bear in mind that his occupation, and there is none higher, is the pursuit of truth and justice. “Justice is the great interest of man on earth.” “Truth is its handmaid, freedom is its child, peace is its occupation, safety walks in its steps, victory follows in its train; it is the brightest emanation from the gospel ; it is the attribute of God.”

« SebelumnyaLanjutkan »