men selected from the first-year class; the Supreme Court, composed in the second-year men who formed the Superior Court the preceding year, and the Court of Appeals, composed of the eight third-year men who formed the Supreme Court the previous year. The courts meet at regular intervals, and at each sitting a case is argued by two of its members as counsel, the rest sitting as judges. In the Superior Court a member of the Supreme Court sits as Chief Justice. In the Supreme Court a member of the Court of Appeals presides. No cases are argued by the members of the Court of Appeals. One week before the argument the counsel hand into the court their briefs. and a list of all the authorities they are going to cite. Hence, before the court meets the whole bearing of the case is known to the presiding judge and his colleagues, and he is able to guide the argument with intelligence. Before the day for argument the case is well known to most of the club. The members attend in a thoroughly critical spirit, and at the end of the argument an opinion is delivered by each of them. These sittings are taken seriously, and the arguments are prepared with quite as much thoroughness as any work that is done at the school.

The enthusiasm of the graduates of the school found expression in 1886, on the occasion of the celebration of the 250th anniversary of Harvard College. The Harvard Law School Association was organized on September 23, 1886, “to advance the cause of legal education, to promote the interests and increase the usefulness of the Harvard Law School, and to promote mutual acquaintance and good-fellowship among the members of the association." All former members of the school are eligible for membership in the association. The membership now numbers two thousand. Under the inspiration of the association the "Catalogue of the Students of the Law School of Harvard University" was prepared by the librarian of the school, John A. Arnold, Esq., containing from 1817-1900, eight thousand names.

In material prosperity the school has also progressed steadily since the inauguration of the case system. The number of students has risen from one hundred and sixty-five in the year

1869-1870, to six hundred and fifty in the year 1900-1901. In this connection it is interesting to note in passing that, as appears from statistics compiled by Professor Langdell, the average age of the students entering the school is twenty-three years and four months, graduating three years later at the age of twenty-six years and four months. A comparison between graduates of Harvard and other institutions shows that the Harvard graduates are a little older. The conclusion to be drawn from these figures is not that the law course of three years is too long, but, as stated by President Eliot in a recent report, that candidates for the A.B. degree enter college too late, the average age being nineteen years, whereas it should be eighteen, the A.B. degree being conferred at twenty-two and the law degree at twenty-five years of age.

Among the six hundred and fifty students now in attendance are representatives from almost every state in the Union, and also several from Canada and abroad. Besides Harvard and Yale, which are most largely represented by two hundred and fifty-eight and seventy-three graduates respectively, there are eighty-one other colleges, each of which is represented by one or more of its graduates. To meet the demand of this everincreasing number of students, additions are constantly being made to the library, at an annual expenditure for books and buildings alone, which amounts to $10,000, the total number of volumes to-day being estimated at 60,000. The home of this great collection is Austin Hall, which also contains the lecture rooms of the school. It was erected in 1881 at a cost of over $140,000, and was the gift of Mr. Edwin Austin. Although the building is a large one, the rapid increase in the number of students and the wonderful growth of the library make it imperative that the building be enlarged in the near future. This will likely occur next year, since financially as well as in other respects the school was never so well off, the treasurer's report for 1900 showing a large balance as against a deficit in 1870.

In looking through the quinquennial catalogue of the school for 1817-1899 it was surprising to find how few graduates and former members of the school now occupy seats upon the bench or hold public offices. The inference is that, although these

positions are highly honorable, the average men at present prefers to make a more remunerative use of his time by the actual practice of law. But that this will always be the case by no means follows, since in the older states, especially in the East, where the judiciary is chiefly by appointment instead of by election as generally throughout the South and West, the number is much larger even in proportion to the greater number of farmer students in that section of our country. The following is a list of the graduates or former members of the school who now occupy positions on the bench in the various States.

CALIFORNIA, W. A. Gray, '78, Commissioner of the Supreme Court. J. L. Campbell, '78, Judge of the Superior Court. CONNECTICUT, S. E. Baldwin, '63, Wm. Hannersley, '59, Associate Justices of the Supreme Court. H. B. Freeman, '64, Judge of the Probate Court. DELAWARE, W. C. Spraunce, '54, Associate Judge of the Supreme Court. DISTRICT OF COLUMBIA, Melvin Weston Fuller, '55, Chief Justice of the U. S. Supreme Court. H. B. Brown, 59, Horace Gray, '49, Associate ustices of the U. S. Supreme Court. John Davis, '72, Judge of the U. S. Court of Claims. W. C. Cox, 47, A. C. Bradley, '67, C. C. Cole, '67, Associate Justices of the Supreme Court, D. C. ILLINOIS, F. K. Dunn, '75, Judge of Circuit Court. MAINE, G. T. Stevens, '61, Nathaniel Hobbs, '59, Judge of the Probate and Insolvency Court. MARYLAND, C. E. Phelphs, '53, G. C. Merrick, '60, Associate Judges of the Circuit Court. MASSACHUSETTS, O. W. Holmes, '66, Chief Justice of the Supreme Court. J. W. Hammond, '66, J. L. Hardy, '71, John Lathrop, '55, W. C. Long, '74, J. M. Morton, '61, J. M. Barker, '63, W. C. Loring, '74, Associate Justices of the Supreme Court. J. A. Aiken, '76, C. U. Bell, '65, F. G. Fessenden, '72, E. P. Pierce, '77, W. B. Stearns, '67, R. R. Bishop, '57, Associate Justices of the Superior Court. J. C. McIntire, '60, Robert Grant, '79, B. W. Harris, '49, C. L. Long, '71, Judges of the Probate and Insolvency Court. F. C. Lowell, '79, Judge of the U. S. District Court. L. A. Jones, '58, T. C. Davis, '86, Judges of the Court of Land Registration. MICHIGAN, O. W. Coolidge, '65, Associate Judge of the Circuit Court. MISSOURI, E. B. Adams, '67, Judge of the U. S. District Court. Jacob Klein, '71, H. D. Wood, '67, E. L. Learritt, '73, Associate Judges of the Circuit Court. MONTANA, Hiram Knowles, '60, Judge of the U. S. District Court. NEW HAMPSHIRE, C. R. Corning, '82, Judge of the Probate Court. NEW JERSEY, Fred. Adams, '64, L. H. Lippencott, '65, W.

H. Stredenburgh, '62, Judges of the Court of Errors and Appeals. J. S. Jessup, '67, President Judge of the Court of Common Pleas. J. F. Swayze, '81, Judge of the Circuit Court. NEW YORK, Addison Brown, '55, Judge of U. S. District Court. J. C. Gray, '66, Associate Judge of the Court of Appeals. OHIO, H. S. Buckland, '75, Judge of the Court of Common Pleas. W. T. Spear, '59, Associate Judge of the Supreme Court. PENNSYLVANIA, J. W. Bittinger, '57, President Judge of the Court of Common Pleas. RHODE ISLAND, Horatio Rogers, '57, Associate Judge of the Supreme Court. R. M. Franklin, '94, Judge of the Probate Court. TEXAS, J. H. James, '74, Chief Justice of the Court of Civil Appeals. UTAH, R. N. Baskin, '57, Associate Justice of the Supreme Court. VERMONT, F. E. Alfred, '76, Judge of the Probate and Insolvency Court. WEST VIRGINIA, J. M. Hagans, '59, Judge of the Circuit Court.

The following is a list of graduates or former members of the school who now occupy public offices.

DISTRICT OF

COLORADO, Edw. O. Walcott, '75, U. S. Senator. COLUMBIA, S. W. Hackett, '66, ssistant Secretary of the Navy. Jutaro Komuro, '77, Minister of Japan to U. S. G. N. Lilber, '58, Judge-Advocate-General U. S. A. H. C. Lodge, '74, U. S. Senator. J. D. Long, '61, Secretary of U. S. Navy. Herbert Putnam, '92, Librarian of Congress. MAINE, Robert Codman, '85, Bishop of the Episcopal Diocese of Maine. MASSACHUSETTS, A. P. Cushing, '82, Consul of Mexico. H. N. Fisher, '59, Consul of Chile. J. J. Myers, '72, Speaker of the House of Representatives. G. F. Hoar, '49, U. S. Senator, also H. M. Knowlton, '70, Attorney-General of Massachusetts. NEW HAMPSHIRE, F. W. Rollins, '81, Governor. W. E. Chandler, '54, U. S. Senator. TENNESSEE, J. M. Head, '76, Mayor of the City of Nashville. WASHINGTON, E. S. Otis, '60, MajorGeneral U. S. Army.

The educational influence of the Cambridge school has not been confined to instruction within its walls, since in many of the one hundred and five law schools now in existence are to be found many former pupils, who are now instructors. In some of these schools the case system has been adopted in its entirety, whereas in others only in part, but it may be definitely stated that the trend of legal education points to its ultimate adoption throughout the country.

Widely, too, has the Harvard Law School made its influence

felt by the legal writings not of its professors merely, but also of others who were once its pupils. The last decade alone has given us, among others, Judge Holmes's work on the "Common Law," Langdell's "Summary of the Law of Contracts," and "Summary of Equity Pleading," Gray's work on "Perpetuities" and "Restraints on Alienation," Jone's treatises on "Mortgages and Liens," Pierce on "Railroad Law," Gould on "Waters," Thompson and Merriam on "Juries," Morawety on "Private Corporations," Merwin's "Patentability of Inventions," Stimson's "American Statute Law," Washburn on "Easements" and "Real Property," Keener on "Quasi-Contracts." Besides these were the earlier writings of Greenleaf on "Evidence," and Story's and Kent's "Commentaries." In addition are the valuable collection of cases made by various instructors upon Bills and Notes, Partnership, Pleading, Torts, Insurance, Criminal Law, Equity Pleading, Equity Jurisdiction, Property, Quasi-Contracts, Contracts, Sales, Agency, Conflict of Laws, Evidence and Constitutional Law.

To quote the closing passage in the article in the Green Bag by Mr. Brandeis, to which I referred in opening, and to which I again wish to acknowledge my indebtedness, "The Harvard Law School has done a great work in the past. May we not venture to hope that the work of the future will be immeasurably greater?" That this hope, expressed more than ten years ago, is constantly being realized is shown by the present status of the school. It would be unbecoming for us, however, in the feeling of pride which we justly have for the institution ever to forget him to whose efforts the school primarily owes its success. In the thirty years of his association with the school, for the far greater part of which time he was its dean, Professor Langdell has inaugurated and developed a system of instruction, the influence of which is too far reaching to permit an estimate of the great services he has rendered to the cause of legal education.

Rufus Choate.

As my object in this article is primarily to give a history of the Harvard Law School, and an account of the great change