in the system of legal education which was inaugurated by Professor Langdell, thirty years ago, I shall confine myself to the briefest sketch of the life of the distinguished lawyer whose name is borne by the Harvard chapter of the Phi Delta Phi Legal Fraternity.

Rufus Choate was born at Essex, Mass., October 1, 1799. Both on his paternal and maternal side he inherited an unusual intellectual endowment, and as a child was especially precocious, having perused the greater part of the village library before he was ten years of age. He entered Dartmouth College at the age of sixteen, and was graduated with the valedictory in 1819. The famous Dartmouth College case was on trial during his undergraduate days, and it was Webster's great speech in connection therewith, that so inspired Choate as to lead to his final choice of the law as his profession. After tutoring at Dartmouth for a year, he attended the Harvard Law School for a short time, and then went to Washington, D. C., where he spent three years studying law under William Wirt, Attorney-General of the United States. In 1823 he was admitted to the Bar, and for five years practised law at Denvers, Mass.

At no time in his career did Choate confine himself entirely to the practice of law. Politics always appear to have had an especial attraction for him, and in 1830, after serving a term in the State Legislature, he was chosen as a Representative in Congress. Between 1832 and 1841, however, his activity in politics was not so marked; but in the latter year, when Daniel Webster accepted the portfolio of state in President Harrison's cabinet, Mr. Choate was elected to fill the seat thus left vacant in the senate. Notable among the speeches which he made before that body were those on the tariff, the Oregon boundary, the fiscal bank-bill, the Smithsonian Institute, and the annexation of Texas.

In 1853 Choate was Attorney-general of Massachusetts, and a member of the Constitutional Convention. After the death of Daniel Webster he was the acknowledged leader of the Massachusetts bar. In 1858, impaired health compelled his retirement from professional labor, and the same year he sailed

for Europe but got no farther than Halifax, where he died on July 13, 1859.

In concluding this account of the more important events in Choate's life, a word as to the man himself is not out of place. "Tall and commanding in person, he had a face of remarkable expression, and a rich, musical and sympathetic voice. His speech was wonderfully persuasive, exuberant, and brilliant, and his learning various and extensive. His urbanity was exquisite. 'The very manner in which he would pronounce your name,' said a much younger lawyer, who had known him well, was in itself the most delicate of compliments.' In management of causes he possessed consummate tact and unerring judgment. Skillful in the examination of witnesses, never making a mistake himself nor overlooking one in an opponent, his powers as a lawyer were seen to greatest advantage in the unpremeditated discussion of the law points that incidentally arose. Busy as was his life, he yet devoted a portion of each day to the study of literature, history and philosophy, and it was this habit, together with his tenacious memory, which made him one of the most scholarly of public men.'

Choate Chapter.

Like many other chapters in the Fraternity, Choate had its origin in a local law club. The inauguration of the chapter is best described by the following extract from the minutes of the first meeting:

"THURSDAY EVENING, Jan. 27, 1887. “The Choate Law Club met at Mr. Zulauf's rooms, the

object of the meeting being the forming of the Choate Chapter of the Phi Delta Phi Fraternity.

"Consul Fletcher Ladd and Messrs. John C. Zulauf and E. M. McCordic having been already initiated into the Fraternity by the Webster Chapter, the Consul administered the oath of admission to the other Chapter members, viz.: Gerald G.

1 Biographies: "The Life of Rufus Choate" (1870), by G. G. Brown. "Rufus Choate" (1887), by G. S. Boutwell. "Some Recollections of Rufus Choate" (1887), by E. P. Whipple.

Ruel, Samuel H. Morgan, Henry E. Oxnard, Arthur F. Foster, Frederick B. Harlow and John A. Waterman."

The early life and work of the chapter is described by the following extract from its "Rules and Regulations" adopted October 11, 1888:

§ 2. "The exercises of this chapter shall consist of debates, orations, the reading of legal essays, court trials, lunches and after-dinner speeches.

§ 3. "There shall be an Executive Committee consisting of the Consul and two members appointed by him, whose duties it shall be to arrange programs for the meetings agreeably to the provisions of Sec. 2, and to assign parts to the members seasonably, distributing the work as evenly as may be."

Since the time when these rules were adopted twelve years have passed, and the changes which have taken place in the life of the chapter in the interim, though few, are nevertheless well defined. The most noticeable are that debates and court trials no longer find place among the number of exercises, and, also, that to-day there is no executive committee for assigning parts, each member selecting his own subject, which is usually a discussion of some legal question in which he is especially interested. This latter circumstance explains the change, and is in conformity with the elective system prevailing throughout the university. The departure which has occurred in regard to set debates and court trials is due to the prominence which the law clubs have acquired, since in them the trials and arguments are conducted in a manner more workmanlike and serious than would be possible in the atmosphere which pervades Choate. It must not be assumed from this statement, however, that the chapter overlooks the object of its creation. On the contrary, the papers read at the meetings are always carefully prepared. The moot cases are omitted because the members of Choate are for the most part members, also, of other clubs whose primary object is the trial of cases.

The position occupied by the chapter at the school and in the university is somewhat unique, since in securing members there are no other organizations of similar character with which

to compete. As the social clubs of the undergraduate departments of the university do not draw from the professional schools for their members, competition in that direction does not exist. In the school itself there is no other social organization. As may be inferred from these circumstances, an offer from the chapter is seldom refused, and, if so, only upon the ground that the time cannot be spared to attend the meetings or to write a paper. The meetings are held once every two weeks, the dates for reading papers being determined by chance allotment, each man, however, choosing his own subject. The number of members is twenty, of whom five are second-year men, who do not read papers. Unlike many of the other chapters, Choate has no chapter house, the meetings being held in the room of one of the members. Some years ago it was suggested that a house be secured, but nothing was done about the matter, since the dormitory system prevailing throughout the university made it inexpedient.

Although these changes have taken place, nevertheless, should a charter member unexpectedly find himself present at one of our meetings, or one of our dinners he would recognize that present conditions are merely a development from the original conceptions of the club. Though modified in form, the literary exercises of the club continue in the same spirit as twelve years ago; although not specified in the constitution, it is an unwritten law that "lunches and after-dinner speeches" shall forever remain prominent features of the life of the chapter.

H. K. BRENT.

SOME REMARKS ON JURY PANELS, CASES ON APPEAL AND SPECIAL TERM TRIALS.1

BY HON. WILLIAM J. GAYNOR,

A JUSTICE OF THE SUPREME Court oF NEW YORK.

Mr. Chairman and Gentlemen-Some years have passed since I addressed this club. I am glad to know that it has maintained its organization and meetings, and I am also glad to know that its membership has materially increased.

It is always a pleasure to address informally the young and serious-minded members of our profession, for ours is the profession that moulds society. No class of men stands more for liberty, progress and civilization than lawyers. This has been so from the time of Rome to now, and I believe it will always so continue. In his letter of invitation, your chairman requests me to make a few reinarks-let me read from the letter-❝ on some subject looking to reform in practice, either in jury or special term trials, the preparation of cases, or the ethics of the profession."

The Jury Panel.-Perhaps instead of the practice in jury trials it would be timely to say first a word about the making up of the jury panel-for the getting of fit jurors is of more importance than any points of practice. Intelligence, experience, and honesty in the jury box go to the foundation of the administration of justice. If trials by jury hereabouts are a reproach to our profession, it is because our general panel is below par in intelligence, experience, and honesty.

There is a criminal trial now in progress in this county of New York which is one of the many object lessons the public has been given in this matter. Here among ourselves, I think, we have to admit freely that it shows a serious breakdown in the administration of justice. It is a reproach to our learned pro

'Parts of an address before the New York Phi Delta Phi Club, Monday Evening, May 13, 1901.