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as exceptions, proving to him the imagined rule that rightly more occupied in acquiring information on other lawyers are different and worse.
practical matters, and in gaining experience, than That ideas such as these should still persist in the he is in obtaining true knowledge of law as law. face of advancing knowledge, of the removal of When he commences practice his position in this many abuses, of greater publicity in legal matters, respect is unaltered, and is almost unalterable apart and of general personal integrity, seems remarkable. from a great movement of the whole profession. Stranger still it appears to those whose knowledge For though his society will give him guidance in of the inner workings of many lawyers' offices is matters of practice, he can expect no help beyond intimate. They see the lawyer devoting himself to this. If he looks for further help, he must at last the interests of his client, settling difficulties, avoid- turn away unsatisfied. Far be it from the writer to ing more lawsuits than he conducts, smoothing over minimize the importance of the work done by the family differences, making peace between husband Law Society, but he ventures to suggest that there and wise, counselling testators as to the proper dis- is still other work to be done; work of equal imtribution of their wealth, and seeking redress for the portance, if somewhat less easy to indicate and to grievances of those who have no means of helping undertake. The labors of the society seem to be themselves, knowing often that, after all, he may devoted to “watching over the interests of the not receive adequate remuneration; acting, in short, profession” in so far as those interests are pecuniin the same honorable and disinterested way as his ary and are threatened by prospective legislation or brothers in the professions of ministers of religion administrative action, and to the suggestion of slight and of medicine. Yet, notwithstanding all this, the amendments of the law or criticism of the suggespopular prejudice still continues, and particular in- tions of others. There always appears to be an stances to the contrary are still too weak to remove assumption that the interests of lawyers and of the general impressions.
public are opposed; an assumption which one sinThere must be some reason for this, however cerely believes is quite unwarranted. If more attenhidden, and perchance it may be found in the atti- tion were devoted to the interests of the public, tude of the profession as a whole, though in this even on the low ground of policy, it would be justimatter the writer, as a solicitor, must speak only of fied by its results. The real interests of the profeshis own branch. In a profession of such magnitude, sion are far greater than can be summed up in the of such ability and of such power, it is strange in-, word “costs; ” and one would like to see the society deed there should be so little esprit de corps, seeking out and fostering those which are of vital so unaccountable a want of real professional pride; importance, and constituting itself by the general and, so far as the public is concerned, no real com
consent of the profession a court of honor. pact body of professional opinion, and no recognized
It is true that much unpleasant but necessary standard of professional conduct. That a body com- work is done in the examination and expulsion of posed of men who for the most part are men of black sheep. But this is merely negative. One integrity as individuals, should in its corporate looks in vain for any attempt to create esprit de capacity still remain to an extent under a ban, indi- corps; to induce a pride in the profession; to indicates some lack in those who are at its head, and cate the true ideal; to show that a lawyer should not in whose hands the moulding of professional merely practice to make a livelihood, necessary thought and opinion largely lies. They have under though that may be, but that he should have before their control the training and examination of stu- his always as his aim to avoid chicanery, to act dents, and the etiquette of practitioners. While uprightly, to raise so far as in him lies the tone of perhaps no complaint can be made with regard to the profession. Numberless are the opportunities the value of the examinations as a test of acquaint- for good, and often are they seized, but they would ance with the law in its practical aspect, there is an be less frequently let slip were there abroad a nobler
knowledge of law as a science, of its relation to such things may appear to be in the clouds, and
other sciences, and of its importance in the general too far removed from every-day work to be worthy progress of civilization. The student is taught as of attention; but it may safely be asserted that ultiif the laws of England were merely a practical ar- mately the conduct of men is more influenced by rangement of rules for conduct in certain cases ideas than by merely practical considerations; and where one man comes into contact with another. ideas have more effect if they are uttered with As for the general influence of the law on conduct authority and are of general rather than particular and morals, its place in the history and develop-application. ment of the people, the principles on which it is It has been with a feeling of envy that one has founded, and its gradual growth with advancing read the addresses to students and practitioners civilization, he is left in the dark. Nor does he delivered from time to time by eminent American receive instruction as to the principles on which he lawyers, and reported in the columns of the Law is to conduct his business, or in any code of pro- Times. It is difficult to indicate it with exactness, fessional honor.
but there is in those addresses a loftiness of tone In his office work the student is naturally and I and a striving after an ideal which are noticeabiy
absent from the utterances of lawyers here. There he had been recommended, told him to call on the is eloquence here as noble as in America; there is morrow, as he wanted to talk over the matter of learning and there is wisdom in as high a degree; bringing a suit against some delinquent creditors. there is personal character here as upright as else- After that Swift started back to his office. It was where. Is it too much to ask that this eloquence the first time that he had been there during the and wisdom and character should sometimes be day. His clerk told him that nobody had called. devoted to the creation of an ideal of professional | He crossed over to Easy’s chambers, and found conduct and honor? One dares to assert that labor him sitting in a comfortable chair, reading. to this end, though not likely to produce results “ Had any callers?” asked Swist. which can be tabulated, will be indeed fruitful.- “None,” said Easy. “Have you?" Law Times (London).
“I may have a case to-morrow."
May! That's dubious. You'll never find any
thing, hunting all over town. Other lawyers will ATTORNEY SWIFT AND COUNSELOR laugh at you. Remember the dignity of the EASY.
The next day the merchant gave John Swift his On one of the top floors of a New York building, first case. The attorney summoned the defendants, two young lawyers opened offices. Their chambers and, in court, made a plea for the protection of were on opposite sides of the hall, and the main merchants that quickly appealed to the judge and enrance to their offices bore, in gilt letters, their won a verdict in his favor. Before another week
We will call them John Swift and William had passed, other merchants, hearing of his sucEasy. They had been college chums; and, when cess, put similar cases in his hands, and, before a they were graduated, they agreed to start practice month had passed, not a few people had heard of on equal footing, making a wager as to which the clever young lawyer who seemed to have a would be the most successful at the end of ten great aptness for mercantile law. William Easy years.
also heard of it. But he still sat waiting for clients Their chances were alike. Both had good phys- to knock at his door. A few did knock, but were iques, good speech, good manners, good education, of the class that wanted free advice. and good prospects. But their natures were differ- One rent day the collector called on John Swift. ent. In John Swift were the elements of pluck and He handed him a check for his rent. Then the determination. In William Easy, one could discern collector called at Easy's office. The lawyer a nature that had hope for its goal, distant fields could not pay, but went to Swift, and said: ever green, and a belief in the time-worn adage that “John, I shall have to borrow from you the all things come to him who waits."
amount of this month's rent." They fitted their offices with handsome furniture, “ All right, old friend. Anything you want, purchased libraries and engaged clerks. On the but remember the wager." morning that they were ready to commence busi- A year passed and Swift rented Easy's offices, ness, they walked to their offices. When they because his business had increased to such an reached the entrance of the big building, Easy extent that his clerks were cramped for room. started in, but Swift hesitated.
Easy took a small room in a section of the city “What, John? Aren't you going up to your where the rents were cheap. There he could sit office?” asked William Easy.
and nurse the few cases that had come to him, No, I'm going down town to look for a case." while he was waiting. Once he tried to adopt his " Look for a case!” replied Easy, in great sur- old friend's tactics, and push himself to the iront, prise. You don't mean to tell me that you are but his energy had become dissipated. He did going to look for a case! No great lawyer does not have any dynamite in his nature. that. He sits in his office and lets the cases come Whenever he appeared in court it was in a spirit to him. That's what I'm going to do."
of dejectedness. He often said that he would give " But we're not great lawyers,” said John Swift; worlds for some ambition, some fire, something to we are only beginners. Wait until we become waken him from his lethargy. He would give fanious, and then we can sit in our offices, and anything to be like Swift. even refuse cases. But, first, we shall have to
That young lawyer had been engaged as senior hustle."
counsel by a large corporation. The suit involved “Well, I'm riot going to degrade myself by hust- millions; the testimony produced the most intriling,” Easy answered.
cate legal technicalities. When Swift presented All right, William. But remember our wager." his case to the jury, his address was a masterpiece, Then John Swift started down the street.
and his arguments were convincing and pointed. He called on a dozen friends that day and made He won, but a higher court reversed the decision. known his eagerness to open practice. None had Then the case was taken before the Supreme anything for him to do, but he kept on making Court, and John Swift resolved that this should be visits. Late in the afternoon, a merchant to whom the fight of his life. He needed several new asso
ciate counselors — men who could assist him in ber session for which appeals from orders may be pleading a case that would go on record as an noticed. example of thoroughness. He thought of his old Notices of argument in Appeals from Orders friend, Easy, and resolved to give him a chance. should contain the claim that “this is an Appeal
William Easy was sitting in his office idly smok- from an Order entitled to be heard as a motion, ing, waiting for a client. There was a knock at under Rule XI of the Court of Appeals." the door. The sound startled him, but he over- Rule XIII has been amended so as to allow the came that, and invited the caller to enter.
Appellant thirty minutes, and the Respondent twentyJohn Swift walked in briskly. “ Still waiting?" five minutes in the argument of Appeals from Orders. he asked, in a sprightly manner.
“Original motions,” that is to say, motions which “Yes,” said William, with a drawl. “ I've tried originate in the Court of Appeals, will be heard to adopt your plan, but I can't. I'm playin'in orally on the first Monday of a Session only, but bad luck. There doesn't seem to be any business may be submitted without oral argument, on any in the old town. I'm thinkin' of movin' to some Monday when the Court is in session, provided they newer place.”
are submitted by both sides.
If either party "I've come to ask you to be my associate in demands an oral argument the motion goes over to the American Metal Corporation case. I'll give the first Monday of the succeeding Session. you a chance. Come right over with me to my The Court has ordered a new calendar for the sesoffice and talk it over. This is your opportunity.”sion which will commence November 1oth, on
William hesitated for a moment. “John,” he which will be placed all appeals in which returns said, “I thank you. But I've waited so long that and Notices of Argument (with proofs of service) I do not feel competent to undertake such a case." shall have been filed with the Clerk on or before
Remember our wager," said Swift, sternly. October first,
Maybe I can win it yet,” he said.— R. Gray, re-noticed, but will be called in their order and disin Success."
posed of before the new calendar is taken up.
By order of the Court, the Clerk will not accept “ THE LORE OF LIFE."
stipulations which reserve
on the present calendar excepting only appeals from orders for a
date later than November ioth, 1902. 'Tis character, brains and honor win,
Causes for the new calendar should be noticed for The young man boldly cries; The old man knows the world and its sin,
November 10, 1902, and claims of preference must be He shakes his head and sighs.
clearly stated in the notice of argument, as required 'Tis courage and love of country shows,
by Rule XIV. Criminal causes may be added to the The stripling proud exclaims;
Current Calendar, at any time on complying with
Rule IX of the Court of Appeals. Alas, my son, well the gray beard knows
The Clerk is directed to put on, at the end of the Fruitless will fall thy aims.
new calendar all other causes, etc.,” as provided Washington, Jefferson, Lincoln live,
by Rule XIX of this Court. The novice still maintains;
The attention of attorneys is called to Rule VII, Yes, the books of men their history give, the provisions of which will be strictly enforced. The hoary head explains.
New York city counsel who are to argue cases in What is there, then, in a mortal fame?
this Court should send their residence addresses to Now doth the fledgling ask;
the Clerk. Be wise, my boy, there's naught but the name,
W. H. SHAVKLAND, The wine is in the cask.
Clerk. - DEERMONT.
A JOLT FOR THE“ OCTOPUS."
NEW YORK COURT OF APPEALS.
ALBANY, N. Y., June 27, 1902. After a somewhat unusual period of incubation The Court of Appeals has taken a recess to Octo- the State officials have finally brought out the ber 6, 1902, on which day a session of four weeks legislative printing hatch - and it is not an Octopus will commence. The succeeding session will com- egg that hatched. The lowest bidder, The Argus mence November 10, 1902, and will continue six Company, gets the award, as by every rule and weeks.
precedent it should have received it, and thus jusOctober 6th is the only day in the October ses- tice is done. The State officers charged with the sion for which “appeals from orders entitled to be making of the award appear to have been in a heard as Motions," under Rule XI, may be noticed “tight place,” and they must be given credit for for argument.
doing the right thing, no matter how their sympaNovember 10, 1902, is the only day in the Novem-'thies may have leaned. The “Printing Octopus” thus receives another “jolt," and there is good (3.) That in the present case, since the domicile prospect of its getting another body-blow when the of the husband was in Tennessee, the note was not department printing contract is awarded.
personally binding upon the wife, for want of legal capacity to execute it; and
(4.) That the wife had no more legal capacity to Correspondence.
contract that the note should be governed by the
laws of Alabama, than she had to execute the note To the EDITOR OF THE ALBANY LAW JOURNAL:
itseli. In your issue of May, 1902, volume 64, No. 5, is
TRIMBLE. published an article from the New York Law Journal, criticising the recent opinion of the Court
New Books and New Editions. of Appeals of New York, in the case of the Union National Bank of Chicago v. Chapman (169 N. Y. 538). It may interest you to know, that at its The Law of Void Judicial Sales. Fourth edition. December Term, 1901, at Nashville, Tennessee, in
By A. C. Freeman. St. Louis: The Central Law cause of the Southern Building and Loan Associa
Journal Company, 1902. tion of Huntsville, Alabama, v. Mrs. G. C. W. Bell Freeman on Void Judicial Sales is a standard et al., of Nashville, Tennessee (Davidson County work on the subject of which it treats. In this, the Equity Docket, No. 31), the Supreme Court of this fourth edition revised, enlarged and brought down State reached the same conclusion as the Court of to date, will be found much matter never before Appeals of New York, but upon entirely different included, making the work more than ever valugrounds.
able to the practitioner. A number of new and The facts were:
important questions are discussed, including the Mrs. Bell and her husband were citizens of question: “What is a Judicial Sale?” The work is, Tennessee, having their domicile at Nashville,
without doubt, the most complete and thorough Tennessee.
treatise on the subject yet submitted to the proThe wife, with the written consent of her hus- fession, and, as such, we cheerfully commend. band, applied for and was granted a loan of $1,200. The Right to and the Cause for Action. By Hiram To secure this loan, she executed her note, with
L. Sibley, LL. D., Circuit Judge in the Fourth her husband as security, payable at Huntsville, Ala.,
Circuit of Ohio. "Cincinnati: W. H. Anderson and expressly stipulated that it was to be governed
& Co., 1902. by the laws of Alabama. To further secure the
This little volume embodies the first really exloan she, with her husband, executed a deed of
haustive treatment ever given the subject of The trust on her real estate in Tennessee. Proceedings were instituted to foreclose the deed Right to and the Cause for Action," on the basis
of legal principle and of the adjudged cases. It is of trust by a sale of the real estate. In the meanwhile the husband had died insolvent,
I brief, practical, logical, and for its preparation Judge and the real estate had greatly depreciated in value, Sibley is to be thanked, as well as congratulated,
by the profession. The volume also contains a preand was not worth one-half of the balance due on
liminary view of “ Legal Rights, Legal Wrongs and the note. In the proceeding it was sought not only to sell Legal Remedies,” in which wrongs are presented
in a new light and classification, and in which the real estate, but also to hold the wife personally liable on the note for the deficiency. On behalf of actions are so defined as to distinguish them from the association it was insisted that the note was an
special proceedings, followed by a brief statement Alabama contract, and since under the law of Ala- of the law as to the locus of the cause for action and bama, a married woman could bind herself person- and the law of pleading. It is no exaggeration to
the relation of the
to the law of parties ally, by contract, with consent of her husband, consequently the note was personally binding upon the say that the little treatise is admirably calculated
to clear away the confusion now existing respecting wife.
On behalf of the wife, it was insisted that the actions, the right to and cause for them, by putting note was a Tennessee contract, and since under the these matters in their true light and relation. law of Tennessee, married woman could not bind Probate Reports Annotated. By George A. Clemherself, personally, by contract, either with or with- ent, of the New York Bar. Vol. VI. New York: out the consent of the husband, that the note was Baker, Voorhis & Co., 1902. not, personally, binding upon the wife.
The plan of this well-known series
too well The court, in substance, held:
known to the profession to require any explanation. (1.) That under the law of Tennessee, a married That the series gives in about one volume a year woman cannot bind herself, personally, by contract, recent decisions of the highest courts of the different either with or without the consent of her husband. States of the Union upon all matters cognizable in
(2.) That the capacity of a married woman to Probate and Surrogate's Courts, is a matter of com.contract depends upon the domicile of her husband. mon knowledge. As in the previous volumes, the
notes and references by the editor are numerous The Red Anvil. By Charles R. Sherlock. New and exhaustive, forming an important and valuable York: The Frederick S. Stokes Company, 1902. feature of the series. Undoubtedly, the labors of The author of “ Your Uncle Lew" has followed lawyers are very greatly facilitated by having before up that successful novel with another, “ The Red them the most recent and valuable decisions drawn Anvil,” which, in our opinion, is a distinct advance from the numerous State reports upon subjects in all respects upon his maiden effort in sustained which have to be considered daily in the practice of fiction. The theme is the “Underground Railthe law. There are in this volume nearly 100 cases, road," and in its plan and development a very high and the editor has shown excellent judgment in quality of literary skill is shown. Throughout the their selection. The reports are handsome octavo book there is much charming descriptive work, and volumes of about 800 pages and finished in the best not a little excellent character-drawing, while the style of the art.
tragic climax is led up to and finally portrayed in Reports on the Law of Civil Government in Terri- a way little less than masterly. We predict for
tory Subject to Military Occupation by the Mili- The Red Anvil" a wide reading and a favorable tary Forces of the United States. By Charles E. verdict. Magoon, law officer, division of insular cases, office of the Secretary of State. Published by
The Late Returning. By Margery Williams.
Washington: order of the Secretary of War.
New York: The Macmillan Company, 1902. Government Printing Office, 1902.
In this novel the authoress, Margery Williams, The reports of Charles E. Magoon, law officer,
a new star in the fiction firmament, has depicted division of insular affairs, office of the secretary of with rare skill and virility the sharp, terse scenes State, war department, upon the various questions of a revolution in South America. A few Ameriof law arising during the military occupation of the cans, with the president, the insurgent leader and islands ceded or yielded by Spain under the treaty
the inevitable girl standing between them, work out of Paris, were regarded as of such value by Secre- ja fine story. As told by Miss Williams, it is not tary of War Root in deciding the questions treated only true to life, but literally burns itself in upon of, that he determined to have them printed for the the memory; one can almost see the tragic scenes, use of the officers concerned in the government of so vividly are they portrayed. For a first performthe islands. The work consists of some 700 pages
ance, which we understand it is, The Late Reand embraces very many important subjects related turning ” is remarkably good. to insular matters. While especially valuable to Salmon and Trout. By Dean Sage and others. officials of the government, the work will be found
New York: The Macmillan Company, 1902. very interesting by students of the Constitution and of our form of government, in view of the many Sportsman's Library, edited by Caspar Whitney. It
This attractive volume is one of the American new questions raised under the expansionist policy.
gives detailed account of the history, habits, habitat, The Virginian. By Owen Wister. New York: 1 method of catching, etc., the Atlantic salmon, the The Macmillan Company, 1901.
Pacific salmon and the trouts of America. The late The Virginian is a youthful cowboy, transplanted Dean Sage is the author of that portion of the from Virginia to the great plains of Wyoming, who, work which treats of the Atlantic salmon. He has at the wildest period of his career, falls in love with written, from experience and intimate knowledge, a young school teacher, recently transplanted from an account of the Atlantic salmon, which ought to Vermont. Out of this simple elemental theme Mr. be in every American sportsman's library. The Wister has constructed a book that will live. With other authors are C. H. Townsend and H. M. the Virginian, of course, it is a case of love at first Smith, who write of the Pacific salmon, and William sight. She is attracted by his virility, repelled by C. Harris, who describes the trouts of America. his roughness, and, quite against her intentions, she The book is profusely and beautifully illustrated is at last conquered by him. The gradual coming by A. B. Front, Tappan Adney, Martin Justice and together of the two makes the undercurrent of the others. story through a series of episodes, grotesque, laughable or tragic. The only possible fault with
Literary Notes. the book, we think, is its episodical character, which detracts from the interest of the book as a story.
The second edition of Owen Wister's new novel, As to the style, however, one can hardly give it
The Virginian," was called for within three days too high praise. The author has a wonderful com
of its first publication. mand of language, a remarkable facility of expression, and there runs all through the book a vein of An important new series is being planned by genuine, almost unconscious, humor that is abso the Frederick Stokes Company to be called “The lutely refreshing. The story is alive with human World's Explorers.” Its range will extend from interest, and far and away the best that deals with the Arctic to the Antarctic and from Africa to Thithe cowboy. Every American should read it. bet. The initial volume will be by Nansen.