the certificate of an attorney other than scription of the same, and also a cash his preceptor, or the presiding officer of book in which he shall enter all sums rehis law school, is produced, it must ap- ceived, from whom received, and the pear that the certificate of such preceptor date thereof, and shall pay the same out or presiding officer of the law school, on the order of the Chief Justice, in paycannot for some satisfactory reason be ment of the expenses, that is to say, the had, and unless the applicant shall have cost of necessary records, printing, and commenced the study of law before Jan- stationery; to the clerk of this court the uary 1st, 1898, such certificate must show fees herein charged and paid for filing) from personal knowledge of the certifier certificates and other papers, which shall the length of time the applicant has been be in full of all services herein, and by engaged in the study of law, and must law, required of him in connection with show from personal examination his be- the admission of applicants to the bar; lief in the sufficiency of the applicant's to each member of the Standing Comlegal krowledge. mittee attending an examination there SEC. 8. The certificate produced in shall be paid ten dollars a day as comconformity with the foregoing rules pensation, and four dollars a day for exshall not be deemed conclusive evidence penses, for the time consumed in travelof the facts therein stated; but, in all ing and attending such examination. If cases, the court must be satisfied of its the funds are not sufficient for such purtruth before the applicant will be admit-pose such pro rata distribution shall be ted to an examination. made as the funds will warrant. SEC. 14. Rule XV., heretofore made. SEC. 9. The application and certificate above required must be accompanied and published for the regulation of ex with an examination fee of $10.00, which aminations, and the admission of appli$10.00 will be returned to the applicant cants to the bar, and all additions thereif his name is not placed on the exami- to and amendments thereof, are hereby nation roll, and which, if his name is so annulled and set aside, and the foregoing placed on the roll, will entitle the appli- substituted and published as Rule XV cant to three examinations. of this court. SEC. 10. After the expiration of the 20th day before such examination the court will make an examination of the papers filed by the applicant, and cause him to be notified whether he will be admitted to the examination, and if so admitted will cause his name to be placed on the examination roll, and delivered to the Standing Committee on Examinations. These rules, at first blush, may impress you as being somewhat strict and burdened a little with detail. They are not, however, as exacting in the matter of detail as the New York rules and are, for such reason, less complicated. The cardinal principles involved in the discussion and adoption of the proposed rules are: (1.) A committee of a more perman SEC. 11. An applicant failing to pass ent character than has heretofore been an examination upon presenting himself maintained. again for examination, shall produce the (2. The abandonment of special comcertificate of an attorney or presiding of-mittees for college students.. ficer of a law school that he has, in the (3.) A literary qualification. interim, diligently pursued his legal (4.) Registration of law students. studies. There are also some minor changes SEC. 12. The Standing Committee to be noted. may make rules not inconsistent herewith for the conduct of the examinations, which together with this rule, shall be published in pamphlet form for distribution by the Standing Committee. In the list of legal subjects upon which the examination is to be had "Torts" is substituted for "Personal Rights," under the present rules, for the reason that the subject of "PerSEC. 13. The clerk of this court will sonal Rights" has been found by exbe provided with a record, in which he perience to be too general, and is largely shall enter the date of the filing of all included in the Constitutional Law. papers herein required by pertinent de-"Federal Procedure" is added to the present list of legal subjects in defer- June had no more of substance in them ence to the recommendation of the than the first question above mentioned. American Bar Association, and the ample reason given in the printed proceedings thereof for the year 1895. A change is made in the examination fee from five to ten dollars, and a meagre compensation is allowed the examiners for the discharge of their laborious duties. Under the present system, only expenses are allowed. Uniformity in examinations is simple justice to law students, and anything approaching uniformity under the present system is not by design but by accident. A literary qualification is required by the proposed rules. This is offered more for discussion than as expressive of an individual opinion. There is a legal side to the question, however, to which I may refer. Some instruction and recitation is also required. This is especially directed to The statute requires the examiners to students of law offices, many of whom certify that the applicant has sufficient never recited in their lives. or received general learning to discharge the duties any regular instruction or drill from their of an attorney. I think you will all nominal preceptors. A lawyer who per- agree that such certificate ought not to mits one to enter his office as student be required nor made, unless it is true; should assume the burden and responsi- and how the truth of the matter can be bilities of an instructor. i determined without any evidence on the Referring to the principal changes pro- subject, must be answered by those who posed, I have nothing to add to the are opposed to a literary qualification and reasons given heretofore for having a sin-examination. gle committee of a permanent character, The registration of law students is, in further than that the evidence of the past the judgment of the undersigned, altoyear has emphasized the necessity for a gether the most important step forward, change. That substantially all of the that can be taken. And yet it is somecollege students in the June examina- what difficult to work out clear and tions of this year should be admitted un- satisfactory rules under section 560, as to der special committees, and that two- students coming here from another state. thirds of a class of ninety examined by The section begins with the declaration the standing committee should fail, can- that "No person shall be admitted to not be explained, except, in a large such examination unless he has resided measure, by unequal examinations. No in the state for the year next preceding." lawyer who has not given the matter of Further along in the section is to be the preparation of legal interrogatories found this language, "but any person recareful thought, can on short notice take siding in the state, or coming into the up a legal subject and develop the state for the purpose of making it his student's knowledge of its underlying permanent residence, upon producing principles within the compass of five or satisfactory evidence that he has studied ten questions. Take for instance, part- law for a period of three years and has nerships. It is an easy matter to ask, and to answer, the question as between partnership and individual creditors who are to be first paid from the partnership assets. But to the question "May a partner of an insolvent partnership transfer his interest, with consent of his copartners, to pay an individual debt?" and which required reasons for the answer given, over 90 per cent. of a class within my personal knowledge failed to give a correct answer, and by such failure showed that they knew nothing of the principles involved in the first question suggested. Yet many of the questions. asked at these special examinations last been regularly admitted as an attorney in a court of record within the United States, or that having been so admitted after a shorter period of study, he has been in the practice of law in such court for a time which, added to such period of study, make up three years, may be admitted to such examination." While one part of the section positively and unconditionally requires a year's residence as a necessary condition to admission to an examination, another part clearly excludes the necessity of such residence as to certain persons. Giving the language last quoted the effect of an exception to the language The first quoted, which I think is the proper further effort fails to act. If at all construction of the statute, we have two within the province of the court it is classes of students coming from another much more likely to be better and more state with which to deal in formulating effectually done by such tribunal than rules. Where there has been no admis- by the legislature. sion to the bar of another state, there I should be permitted to say, in jusmust be a residence here of one year, tice to myself, that I do not think any and this must be true even though the set of rules however perfect, will, at student may have studied law for three once and unaided, work the complete years in another state. Such person 1eformation desired. Perfect machinery comes within the express language of must be operated by skillful workmen the section positively requiring a year's to produce good results. Just and efresidence, and he is not within the de- fective rules and a competent standing scriptive terms of any other part of the committee are the necessary complesection which may be construed as an ments of one another. The supreme exception. It is this view of the statute court of Ohio cannot be expected to that imposes the necessity for the con- know every lawyer in the state who siderable detail exhibit in the proposed would make a safe, honest and intellirules in reference to registration. gent examiner of law students. Another question only has been sug- court must largely depend upon the gested in this connection, and that is, as recommendations of lawyers in appointto the power or authority of the supreme ing the members of this committee. court to require registration of law stu- Such recommendations should theredents. My individual opinion is that fore always be guardedly and conscienthe supreme court has such power. The tiously made. That they have not court is expressly authorized by section always been so made justifies this men558 to "prescribe and publish rules to tion. Indeed I think it of sufficient govern such examination." The statu- importance to say in this connection tory language under which the New that if the supreme court should request York rules were formulated, is as fol- it, this association could be more safely lows: "Such court shall prescribe relied upon to recommend suitable lawrules providing for a uniform system of yers for members of the examining comexamination which shall govern such mittee than any other agency. It is Board of Law Examiners in the per- pretty certain that if such request were formance of its duties." *** There is made and acted on, that only members in substance no difference to be noticed in of this association would be appointed. the powers conferred by the language of And I am about ready to say that the these respective statutes. Section 560 lawyer who does not think enough of requires, as a qualification of the appli- his profession to become a member of cant, that he shall furnish a certificate the only organization of that he has read law three years. It through which lawyers may act unitedly does not expressly require him to study in favor of beneficial laws, and therelaw three years. Yet would any one claim that the court was bound by the certificate? What the section means is that the applicant must in fact have studied law for three years, and the supreme court having been empowered to determine this question, must be allowed such incidental powers, as will make effective the evident purpose and design of the statute. Inasmuch as the matter is now before the supreme court with some prospect of action thereon, it certainly would not be wise to go to the legislature with it, unless the court acts adversely, or after the state fore for the benefit of society at large, M. R. PATTERSON. The Faculty is composed of men experienced in teaching and who are also engaged in the practice of law. The Library numbers about 5,000 volumes and contains all the leading Reports and Text Books. The Building is new and perfectly adapted to law school work. It contains three large lecture rooms, a large reading room and rooms for lockers, bicycles and lounging. Students have free access to all departments of Western keserve University and especially to classes in Adelbert College, which is located across the street from the Law School. The Method of Teaching is that used at the leading Law Schools of the country. The School is located at the very center of the magnificent Park and Boulevard system of Cleveland, which is said to be unrivaled. For Catalogue and Information, address Jul-17-6t E. H. HOPKINS, 831, THE CUYAHOGA, CLEVELAND, O. SUBSCRIPTION PRICE, $2.00 PER YEAR. IN ADVANCE. 37 Atl. Rep, 49, it was held that it is Supreme Court Reports. The publishers of the LEGAL NEWS now have the contract for publishing the Supreme Court Reports of of these volumes to the LEGAL NEWS, as a second the state, and are enabled to attach advance sheets supplement. without charge. These sheets are only for mporary use and do not include indexes. New Subscriptions. New subscriptions can begin at any time, and back the beginning of the subscription year will be supplied ions will be supplied back of the commencement of numbers of the part devoted to the LEGAL NEWS to. if desired: but no advance sheets of the Ohio Decis the current volume, Vol. 1 of Ohio Decisions. Circuit Courts, began No vember 23, 1895. no bar to the wife's suit for divorce by reason of desertion by the husband for the statutory period, that she in fact, during the period did not desire her husband to return, and felt unwilling to live with him, provided such state of feeling on her part was the result of her husband's misconduct involving cruel treatment of her. In response to an inquiry. from the authorities of the Mansfield reformatory, Attorney-General Monnett has rendered an opinion upon the question of the good time which can be gained by the prisoners in the reformatory. He held that the new law will not permit the application of the rule governing the gaining of good time in the Ohio penitentiary. The method employed at the Mansfield institution requires that the trustees keep a record of the prisoner's Conduct by credit marks, and in this way they arrive at the basis of recommendation to the governor that a parole be granted. The prisoners confined in the reformatory are there under indeterminate sentences and the law provides that they shall not be confined longer Entered at the Postomlee, Norwalk, Ohio, as second than the maximum time allowed by the Vol. 1 of Ohio Decisions. Lower Courts, began November 23, 1895. Bound Volumes. Bound copies of Vol. 1. Vol. 2 and Vol. 3 of the Ohio Decisions can be had at $2.50 per volume, if bound in Bound volumes of Vol. 1. OHIO LEGAL NEWS (Toledo full sheep, or $2.25 per volume in half sheep. Legal News) will be furnished at $2.00 per volume. Bound copies of Vols. 1. 2 or 3 of Ohio Decisions, or of the LEGAL NEWs will be sent in exchange for the advance sheets, at $1.00 per volume in full sheep or 75 cents in balf sheep. class matter. THE FOREMOST OHIO LAW PAPER. law, nor for a shorter period than the minimum time. As the minimum time of sentence to the penitentiary is one year, the attorney-general holds that no The growth of this paper during person can be released from the refor1896 has been so marked that we con-matory before the expiration of this fidently assert that it now has a greater period, and the board has no discretion circulation than any other Ohio law to reduce it by a system of credit marks. Where the minimum time is more than one year, the trustees, by the system of credit ma ks, may keep the record and certify it to the governor with the recommendation that the prisoner be paroled. paper. It also contains so much more legal matter that we are justified in claiming it to be the leading paper in its class. |