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The Pamphlet Collection of Sir Robert Stout: Volume 50

Students

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Students.

Senior Class.

Name. Residence.
Ambrose, Joseph Delaware Spiceland, Ind.
Breckinridge, David Castleman (A. B., College of New Jersey) St. Louis, Mo.
Butler, Jas. Joseph (B.S., St. Louis Univ.) St. Louis, Mo.
Butterweck, Otto Carl St. Louis, Mo.
Dane, Walter Lee (A.B., Bowdoin Coll.) Kennebunk, Me.
Davis, H. J. Cedar Falls, Iowa.
Denny, John Nelson Greenville, Ind.
Gossett, Alfred Newton (B. A., Woodland Coll., Mo.) Independence, Mo.
Harrison, John Tompkins (A. B., Waco Univ., Tex.) Waco, Tex.
Hixson, Wm. Perley Afton, Iowa.
Hurley, John D. (A.B., Christ. Brothers) St. Louis, Mo.
Keysor, Wm. Winchester (B.L., Univ. of Minnesota) Mankato, Minn.
King, Joseph Francis (LL.B., State Univ. of Missouri) Camden, Kans,
Lewis, Perry Joshua Fredericksburg, Tex.
Lyon, William H. (A.B., Monmouth Coll., 111.) Yankton, Dak.
Monteith, George W St. Louis, Mo.
Nolan, Lucius Paul (A.B., Wesleyan Univ., Conn.) Macon City, Mo.
Orr, Isaac Henry Louisiana, Mo.
Parker, Hale G. (A.M., Oberlin Coll., Ohio) St. Louis, Mo.
Payne, Robert Howard (A. M., Central College) St. Louis, Mo.
Perkins, Walter Payson (A. B., Bowdoin Coll. Me.) Kennebunk, Me.page 87
Tate. Frank Robert St. Louis. Mo.
Taylor, Wm. Montgomery Rochelle, Ill.
Wallace, Theodric Boulware (A.B., Westminster Coll.. Mo.) Lee's Summit, Mo.
Webb, David Castleman (A. B., Washington University) St. Louis, Mo.
Total, 25.

Junior Class.

Barton, Oswald Swinney Glasgow, Mo.
Benton, Samuel Hart (A. B., Princeton Coll.) St. Louis, Mo.
Bland, Edward Parks St. Louis, Mo.
Bryan. Pendleton Taylor (A.B.. Princeton College) St. Louis, Mo.
Cleland, Joseph McKenzie (A. B., Monmouth Coll., Ill.) Monmouth. Ill.
Cohick, Wm. Wallace Bridgeton, Mo.
Fisher, Allen Gaskell (A. B., McKendree Coll., Ill.) Casey. Ill.
Ganse, Frank Wile St. Louis, Mo.
Garvin. William Everett (B. S., Westminster College. Mo.) St. Charles, Mo.
Gernez. John Axtel (A. B., Washington University) St. Louis, Mo.
Hartman, Arthur Robert St. Louis, Mo.
Hull, Edwin A Carthage, Texas.
Jaynes, William Vinton (B.Ph., Washington University) Sedalia. Mo.
Jump. John Watts (B.S., Christian Univ.) Louisiana, Mo.
Langston. Edward Bethlehem, Pa.
McConvill. Thomas Beatrice. Neb.
McLaran, Robert Lee St. Louis, Mo.
McMahon. George E
Nelson, David (A.B.. Monmouth Col., Ill.) Hookstown, Pa.
Nelson, HoratioPolycarp (B.A., St. Francis Solanus College, Ill.) Shelbyville, Ill.
page 88
Name. Residence.
Park. M. C. II (A. B.. Waco Univ.. Tex.) Waco. Texas.
Patrick, Edward Thomas St. Louis. Mo.
Sayer, Dade D La Bette. Mo.
Seeds, William Porter Abilene. Kans.
Thompson, Sylvester H. (A. B., Lagrange Coll.. Mo.) La Belle. Mo.
Willis. Edward Gray St. Louis. Mo.
Williamson. Robert St. Louis. Mo.
Wolfner, Rudolph St. Louis. Mo.
Total. 28.

The Law Department of Washington University (also known as the St. Louis Laic School) was formally opened on Wednesday, October 16, 1867, on which occasion an Inaugural Discourse was delivered by Hon. Samuel Treat.

The establishment of such a School was not only part of the necessary development of the University, but was deemed peculiarly appropriate in a great and growing city, offering in the number, variety and importance of the questions daily adjudicated in its tribunals, unsurpassed advantages for combining practical instruction with theoretic study of the law. During nine months in the year, beside the ordinary municipal and inferior courts, are in almost uninterrupted session the Circuit and District Courts of the United States, taking cognizance of questions in Admiralty, Revenue and Bankrupt Law, besides causes at Common Law and in Equity; also the Circuit and Criminal Courts of the State, and the St. Louis Court of Appeals; in one or other of which are constantly illustrated the learning and page 89 practice of every department of American jurisprudence.

By an Act of the General Assembly of Missouri, approved March 5. 1874, the holder of a diploma from the St. Louis Law School is entitled to admission to the Bar in any of the Courts of Missouri, upon simple motion. Since the present Revised Statutes of Missouri took effect, on November 1, 1879, it has been decided by the Supreme Court, and also by the St. Louis Court of Appeals, that this privilege is not repealed by the new provisions of the Act concerning Attorneys at Law. All other candidates for admission to the Bar are now required to be publicly examined in open court.

But the examination which must be successfully passed to obtain this diploma is not only much more thorough than the usual examination for admission to the Bar, but, it is believed, is not excelled in its severity as a test of legal knowledge by similar examinations in any American law school.

The complete course for the degree of LL. B. includes two annual terms, each of which (excluding the recess of two weeks at Christmas) occupies seven months in continuous study, beginning on the Wednesday nearest October 15th, of each year.

It is the single aim of the Law Faculty, and of the Directors of Washington University, to make this Law School a true School of Jurisprudence, to which none shall be disposed to come except those who seek a thorough elementary knowledge of the Law, and from which none who may come with that purpose shall go away disappointed.

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Admission.

The school is open upon equal terms to students from all parts of the United States, and the course of instruction is intended to prepare them for practice in any Stale; but no degree will be conferred until the recipient has attained the required age, as stated below.

Applicants for the Junior Class must be at least nineteen years of age, and for the Senior Class at least twenty.

Candidates for the Junior Class will furnish satisfactory evidence of good moral character and standing, and of having received a good English education.

Candidates for the Senior Class, not previously members of the School, besides the foregoing, will be required to pass a satisfactory examination upon the studies of the Junior Year. To those who have previously been members of the Junior Class, the examination at the end of that year will suffice for admission, if creditably passed; and those who failed so to pass may, upon further study, apply again for examination in October This examination will be held on the Monday preceding the opening of the term, at 10 A. M., at the Law School, 1417 Lucas Place. No one will be admitted a regular member of the Senior Class except upon passing this examination; nor will any certificate of attainments, or previous study or attendance elsewhere, be accepted in lieu thereof.

But any person of good moral character and standing, not being less than nineteen years of age, may page 91 attend the lectures of either class upon entering and being enrolled in such class at any time before the Christinas recess, paying the regular tuition fee for the term, and engaging to comply with the current regulations of the Law School. Such enrollment will entitle him to the privileges of the Library and to attend all lectures and other exercises in both classes, but not to be examined, nor to receive a certificate of attendance, nor to compete for a prize essay or degree.

The Faculty are often asked to advise a course of legal reading to be taken by students before coming to the Law School. It is only in the rarest cases that such reading can be done "with advantage. It should only be done by one who can enjoy the constant daily supervision or advice of a thoroughly competent instructor. Without this aid, the time can be much more usefully spent in perfecting the student's general education, or in a course of historical or other reading. The place to begin the study of law is in the School itself, where the beginner has not merely the aid of teachers, but the immense help derived from classmates pursuing the same study, and a place where that study is the main business of daily life. This is not merely a theoretical opinion. It has been confirmed by the testimony of hundreds of students.

The term fee for attendance in either class will be $80, payable in every case in advance. There are no extra charges of any kind, and the members of either class are free to attend all lectures and exercises of both; but no student can at the same time be a regu- page 92 lar member of more than one class. No reduction will be made from the term fee, nor any part of it returned for absence from any cause. Class tickets are in no case transferable.

Good board and lodging can readily be obtained in the city at from to $6 per week. This expense may be lessened to students rooming together.

Course of Study.

The faculty of the St. Louis Law School do not hesitate to express their deliberate conviction that a great change in the methods commonly employed by American Law Schools, and an elevation of their standard, are imperatively required in the interest of the profession at large, and especially that of the students who are now looking forward to practice.

They believe that the loose and easy methods of admission, which have so long prevailed in many parts of the country, have shaken the confidence of the people generally in the administration of justice, and have had much to do with the decline of legal business that has been observed for a few years almost everywhere. This decline has not been due to the condition of business, since a period of commercial prosperity is usually marked by an increase, not merely of litigation, but of all the transactions in which the services of counsel are required. Neither has it been due to any loss of confidence in the integrity of the courts. Taking into account the very large number of courts and judges in the United States, and the frequency with which the occupants of even the highest courts are changed, the very rare occurrence of judicial scandals is a fact of page 93 which we may justly be proud. The only remaining cause to which the decline of litigation may be attributed is the lack of general confidence in the results attained by it, owing to the vagueness and uncertainty of our present law; and this is due to intellectual rather than moral defects. It may be plainly said, that for want of better professional education, almost any side of any disputed question can find arguments and decisions to rest upon, and it has become difficult for well-read lawyers to advise their clients safely. The cure for this evil can only be found in a higher standard of legal education, and especially in renewed attention to those elementary principles of law which control the decisions of courts and are not controlled by them. It is of these that a law-school course should chiefly consist. We believe also that a more thorough study is imperatively needed in the interest of students themselves. The number of lawyers in the country has increased, of late years, so rapidly, that the slightest decline of business is felt at once by the younger members of the profession, as almost barring them from a living practice. The tendency of this, as of all other business, to concentrate in large towns, adds another reason why the mere struggle for existence is so much more severe than it was a generation ago. Of the many who fail in this struggle every year, a large proportion owe this result to the fact that they have attempted a very difficult task with insufficient preparation. No young man can prudently enter the bar,—especially in a large town,—now, unless he can rely upon one of two things: a remarkable and an- page 94 usual ability, or a more thorough training than the average of his fellows. The Law School cannot provide the former, but it should, as a sacred duty, offer the latter to all who seek the profession under its guidance.

These things are said here, not as an advertisment of any special advantages,—still less as a criticism upon other schools,—but as a plain and earnest warning to any students who think of coming to the St. Louis Law School. We do not wish to open an easy road to the bar, or to attract a large attendance. We wish to maintain the highest standard of admission to the bar now possible, and to raise it, as rapidly as possible, still higher. We desire only such students as have the patience and the ability to qualify themselves for the bar by the very best legal education which we can give them within the time now allowed for the course. So soon as it is possible to add another year to the course and to make that year as effective as the two now given, that will also be done.

The course of study, therefore, is designed to prepare young men, to a degree above the ordinary standard of admission to the bar, for the practice of the profession in any part of the United States. Beside the doctrines and principles of law, applicable alike in all the States and Territories, it will embrace pleading and procedure in the Federal as well as State courts, and under both the common law system and that of the new codes, in all their general features.

Students who have already determined the State in which they expect to practice will receive private assistance, if desired, in studying the procedure page 95 and statutes of that State, in connection with the general course of study. It is believed that such attention to positive law, in any form in which it is actually administered, not only will not interfere with the study of principles, but will be a great assistance to that end, and for that reason we recommend students to pursue it whenever possible.

The course of study in the Junior Year is intended for students who are beginning the study of law; and its principal objects are to ground them thoroughly in Elementary Law, and to familiarize them with the methods and habits of thought, with which legal questions are resolved in actual practice. It assumes that the law is a complete and harmonious system, with the outlines of which every student should be familiar, before he spends much time upon the application of principles to the more difficult and complicated questions. Its main purpose will be, not merely to fill his memory, but to train him to habits of legal judgment, and to teach him how to interpret the facts of daily life into the general conceptions in which the rules of law are expressed. For this purpose, the two topics of Pleading (in the simpler or code form) and Evidence will be taken up as early as posssble in the year, and the former carried on pari passu with legal doctrines, so that the study of every branch of law, in the form of rules, may be accompanied with practical exercises in the statement of the same rules, in the form of grounds of action or defences. Evidence will be treated, not merely as the set of rules by which testimony is to be admitted or rejected when the case is on trial, but as the scientific development of the page 96 process by which the infinite variety of human actions forming; the subject-matter of law are reduced to general terms, and thus made capable of arrangement under rules. No student ought to feel that he knows a rule of law, until he has a fair notion of the evidential facts which may be brought within its terms. This knowledge, usually left to the chances of actual experience, may and should be taught in the school, by constant reference to cases that have actually been before the courts.

The theory of criminal law is not only much simpler than that of civil, having less detail to deal with, but also realizes much more perfectly the modern scientific conception of law as a rule imposed by the State, to be obeyed (or disobeyed) by the citizen under a definite sanction. It therefore should precede the more complicated form, in which the command of the State only determines the consequence of the citizen's actions, leaving those actions free: in other words, dealing with reciprocal rights and not with acts.

2. Because criminal law has an interest for the beginning student, which it lacks after he has become familiar with the more complicated relations of property, and other branches of civil law.

The order in which the doctrines of law should be studied, depends on the familar rule of proceeding from the simple to the complex. The subject-matter of all practical prviate law consists of rights, or the acts for the regulation of which that law exists. These rights are best understood and studied in their objects,—i. e., in the Law of Things. All rules of, law clssified by their objects are appli- page 97 cable to all persons alike, and therefore present the general truths of the science, to which the Law of Persons constitutes exceptions. The principal divisions of the Law of Things are real and personal: the personal being again divided into things in possession, and things in action, or in common language, chattels and rights of action, Rights of action again may arise out of a breach of general duties incumbent on all men, or of obligations assumed by the particular individual—i. e., may be in contract or tort. There are cases where we have a choice between these, but there is no third kind of civil actions, except where suits in equity have been brought by code changes to that form.

Hence the fundamental doctrines of all law, with which the student should be made as familar as possible in his first year of study, are these:
1.Real Property (estates and titles, at least).
2.Personal Property in Chattels—with the law of sales and bailments.
3.Personal Property—choses in action arising from—
a.Torts.
b.Contracts, to which may be added—
c.Cases of option between tort and contract.
d.Negotiable contracts in their simpler forms.

Thoroughly studied, there is occupation here for a year, and we regard it as much better for the student's progress to dwell fully on these elementary forms than to introduce exceptional cases.

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Even if he had to leave the school with only a single year's instruction, and make up the remainder of his professional education by private study, we should regard this course as the best, adapted to serve his purpose.

The Junior Class, before Christmas vacation, will have a daily course of lessons upon Elementary Law, both Civil and Criminal. These lessons will be arranged topically so as to constitute a general introduction to the study of Law. Printed synopses, with references for parallel reading, will be placed in the hands of the class, and daily examinations held upon the results of such reading. The subject of Contracts will also be taken up, and two recitations had each week in Bishop on Contracts, with references to other works. Pleading will be taught in its simpler or code form by recitations from Bliss on Code Pleading, and frequent exercises" in connection with the lessons in legal doctrine.

The Junior Class, after vacation, will commence the study of Real Property Law, and read the first Book, (Vol. I. and part of Vol. II. of the later editions) of Washburn on Real Property. The Law of Personal Property will be taught by lectures with printed synopses, etc., as already described, including the subjects of Sales and Bailments. Instruction will be given in the same method upon Torts, including all the common forms of action for wrongs to the person, health, reputation and property.

Instruction in practice will be devoted to the Law of Actions, by lectures and practical exercises in all the steps of an action from summons to final page 99 judgment. Recitations will be had also in Greenleaf on Evidence, Vol. I.

In the second year of study pleading will be taught in its more elaborate and technical forms of Common Law and Equity Pleading, and practice in the various kinds of Special Proceedings will be added to that in actions of all forms.

The instruction in doctrinal law this year will include:—
1.The Law of Persons in all its branches.
  • Corporations.
  • Domestic Relations, esp. Married Women.
  • Master and Servant.
  • Agency not strictly belonging to the law of persons, but analogous to it.
  • Partnership not strictly belonging to the law of persons, but analogous to it.
2.Special forms of contract.
  • Negotiable paper, concluded.
  • Insurance.
  • Suretyship and Guaranty.
3.Special forms of tort.
4.Equity and equitable estates.
5.Real Property concluded, and Mortgage.
Beside these, the forms in which the law itself appears will be studied under the topics of:—
  • Usage and Customs.
  • Interpretation of Statutes.
  • Constitutional Law, and the
  • History of Law.
page 100

The Senior Classbefore the Christmas vacation will finish the study of Washburn on Real Property in daily recitations—(Later half of Vol. II. and all of Vol. III.) They will also study Common Law Pleading (Parsons), and Equity Pleading (Tyler's Mitford) and have a course of lectures on the History of the Common Law.

After the vacation they will go through Bispham on Equity followed by Partnership (Parsons), and Agency, the Law of Corporations, Insurance, etc, in text books to be hereafter determined. Domestic Relations will be taught by lectures, etc., as in Junior year.

Their course will close with lessons from selected portions of Cooley's Constitutional Limitations, Sedgwick on Constitutional and Statutory Law, and Lawson on the Law of Usage and Custom, accompanied by a course of lectures by the Dean upon the Theory of the Common Law.

Courses of lectures will also be delivered during the year, as follows:

By Hon. Samuel Treat (to such extent as his judicial duties will allow), on International and Constitutional Law, and Jurisdiction and Practice of United States Courts; by Professor Todd, on Practical Conveyancing; and upon Successions, Administration of Estates, and Drafting and Construction of Wills, by Professor Hitchcock.

Dr. Hammond will open the course with a series of lectures to the Junior Class upon the method of studying law, followed by a series of lectures to the same class, extending through the first term. These page 101 lectures will be based upon printed synopses in the hands of the class, and accompanied by daily examinations upon the topics of each lecture and the analysis of cases assigned to members of the class. The same method of teaching will be continued through the course, in connection with recitations in approved text-books. He will also deliver, during the year, courses of lectures upon the History of English and American Law, upon the Theory of the Common Law, and (to the Senior Class) upon the Civil Law and its use in American Practice.

The Law Library, for use of which no extra charge is made, consists of upwards of three thousand volumes, selected with great care, and including more than two hundred extra copies of the textbooks in use.

The private library of Dr. Hammond, containing about two thousand volumes upon Civil Law and General Jurisprudence, will also be accessible to members of the Senior Class who wish to pursue those subjects.

Students whose means are limited can complete the course with very little expenditure for books, as the school library is well supplied, is kept open six days of the week from 9 A. M. to 10 P. M., and is strictly regulated to facilitate study in the room at all hours. No persons except the members of the Law School have access to it. Those who have the means to purchase books of reference without inconvenience, or who can bring such works with them, are recommended to provide themselves with a good Law Dictionary, a copy of Blackstone's Commen- page 102 taries, Kent's Commentaries or Bouvier's Institutes, Parsons on Contracts (3 vols,) Cooley, Hillard or Addison on Torts (with Bigelow's Leading Cases on Torts) and Bishop's or Wharton's works on Criminal Law and Criminal Procedure.

They will do well to add also, the Statutes of their own State, and a Digest of its reports, both if possible in the latest editions. But none of the foregoing works are indispensable.

Moot Courts.

A Moot Court will be held weekly throughout the year, by the Dean, with General Terms, from time to time, for the hearing of appealed cases, by other members of the Faculty. They will be conducted as nearly as possible with the forms of an ordinary court of justice, and students will be expected to draw pleadings in the cases assigned to them, and to conduct them through all the stages of a legal or equitable suit before trying the issues in a Moot Court. The cases will be selected to illustrate the subjects studied by the class and will be made, so tar as possible, means of instruction, not only in practice and pleading, but also in the doctrines of the law. Both classes will be assigned to argue cases in these courts, but the members of the Junior Class will have a course of instruction in the preparation of written opinions and briefs before appearing in such cases.

Opportunity will also be given for the organization of Club Courts among the students, with every facility for practice in the preparation and argument of cases.

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Graduation.

Applicants for the degree of LL. B. must, in every case, have been members of the Senior Class, and must have attended during the entire term with the prescribed regularity. They will announce them selves as such, in writing, to the Dean on or before the 1st day of May, and will deliver to him an original thesis upon some legal subject approved by the Faculty; and will attend the examination for degrees held during the first week of June, if qualified by age and regularity of attendance. As the degree of LL. B. conferred by this University entitles the holder to admission to the bar both of the State and the United States Courts, it will not be granted, except upon the most satisfactory evidence of actual proficiency, or to any person who will not have attained the age of twenty-one years on or before the 1st of October following, at the latest.

It is by no means the intention of the Faculty or of the Directors to confine the diploma of the St. Louis Law School to those who have pursued the entire course in that institution. On the contrary, they will welcome to all the privileges of the School those who have spent a part of their time of study-elsewhere, whether in other schools or in private offices. But it is their earnest desire to maintain for this School a high and so far as possible a uniform standard, so that its diploma may be recognized everywhere as evidence of the best and most thorough preparation for the American Bar. To this end, the examinations, both final and intermediate, will be based, not so much upon any prescribed page 104 books, as upon the general knowledge of law to he expected from good students; their impartiality being, as heretofore, absolutely assured.

Scholarships and Prizes.

In pursuance of the terms of a donation of $6,000, heretofore made to the University for the benefit of the Law School, six free scholarships are established in this Department; also an annual prize of $50 in money tor the best thesis upon some legal topic, to be publicly awarded at the Law Commencement. Other prizes are offered from time to time.

As far as practicable, the scholarships will be equally divided between the two classes—depending upon the number and success of the candidates for scholarships in either class.

Applicants for free scholarships should apply in person or by letter to the Dean, furnishing written testimonials of at least two respectable persons to the satisfaction of the Faculty, showing that the pecuniary circumstances of the applicant are such as to make him deserving of this assistance, that he is of good character and standing, and that he has received a good English education at least. Applicants not personally known to any of the Faculty will do well to state fully and precisely their age, places of birth and residence, present occupation, education (both general and legal) and any other circumstances that may be of weight in making a selection. Such communications will be held strictly confidential.

Applicants for Senior Scholarships, in addition to page 105 the above, will be required to pass all examinations upon the studies of the preceding Junior year.

As the applicants for free scholarships are usually far in excess of the number that can be given, no student will hereafter have the benefit of such scholarship for more than one term.

Competition for the prize referred to is confined to the regular members of the graduating class in each year, under regulations announced at the opening of the term.

Honors, Class of 1882.
Prize Essayist, Robert M. Horner.
Prize for Notes of Lectures on History of Common Law, Rochester Ford.

Honors on Examination for Degrees—(In Order of Merit.)

  • Rochester Ford.
  • Frank B. Rollins.
  • Matthew A. De Moss.
  • Jacob T. Williamson.

Honors on Examination, Class of 1883.

  • Alfred N. Gossett.
  • Theodric Baldwin Wallace.
  • William Montgomery Taylor.
  • William Winchester Keysor.
page 106

Calendar of 1883-4.

Applications for free scholarships received and filed at any time up to October 1, 1883.

Examination for Senior Class, October 15, 1883, at 10 a. m.

Term opens Wednesday, October 17, 1882. Introductory Address at 4 P. M.

Christmas recess from December 22, 1883, to January 6, 1884, both inclusive.

For further information, inquiries may be addressed to William G. Hammond, Dean of Law Faculty, 1417 Lucas Place, St. Louis, Mo.