Page:The Green Bag (1889–1914), Volume 16.pdf/135

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The Green Bag.

by prolonged and attentive study. Nothing and present advantages which in point of can take the place of time, and experi time alone are likely to make two years of ence has shown that three years are study at a law school worth three years of none too many to enable a person oi private study. I do not find that the regula average capacity to acquire a fair knowl tions for admission to the bar in any State edge and understanding of the fundamental require that any portion of the tuition shall principles of the law. This is obvious when be in a law school, but the time may come we remember that the subjects to be mast when candidates for the bar will be required ered include the law of real and personal by rule or statute to avail themselves of the property, torts, contracts, partnership, bail superior opportunities for study provided by ments, negotiable instruments, agency, the law schools, for a portion at least, of the prescribed period oí study. suretyship, domestic relations, wills, corpor ations, equity, criminal law, constitutional The familiar scheme which I have thus law, pleading and evidence. outlined proposing that the candidate for ad mission to the bar shall prepare himself by A three years' course of study is required in the following States: Delaware, Connecti a course of preliminary study, and then shall cut, District of Columbia, Illinois, Iowa, apply himself for three years to the study of Maine, Maryland, Michigan, Minnesota, law, is simple enough and entirely reason New Hampshire, Ohio, Oregon, Rhode able and ought to insure a fair general stand ard. But to be effective it must be enforced. Island, Vermont, Wyoming, Colorado and New York, and in Pennsylvania for admis Rules prescribing standards of preliminary education and definite periods for the study sion to the bar of the Supreme Court. In New Jersey four years are required of those of the law are of no avail unless they are rigidly enforced by insisting upon clear and who have not received the degree of bache explicit proof of the facts. Here the bar lor of arts or bachelor of science. In the following States two years' study of law is examiner is confronted with the difficulties required: Louisiana, Montana, Nebraska, presented by false certificates, false some times in detail and fact, but more often in New Mexico, North Carolina, North Dako ta, Oregon, Washington, West Virginia general intent. and Wisconsin. Two years was the former With respect to certificates of general requirement in Ohio, which was raised to education, our experience in Ohio has three years in 1894. shown that nothing can be depended upon The experience of bar examiners seems as a substitute for a diploma of graduation to be that the percentage of failures among except the test of an examination by examin those who have studied in law schools is ers appointed by the Supreme Court, who act about one half as compared with those who under a sense of direct responsibility to the have studied without tuition or with the court. Our rules originally provided for the meagre tuition provided by a law office. The acceptance of certificates of examination by immense advantage of study in a law school, local examiners, but the court found itself so with its prescribed courses, regular exer frequently imposed on by such certificates that it adopted a rule providing for examina cises, periodical examinations, and the com tions to test the general educational qualifi petitive association of men in classes, with cations of the candidate by a committee ap their moot courts and debating clubs, is ob pointed by the court, where he was not able vious. It cannot be denied that the schools furnish opportunities for study and develop- l to produce a certificate of graduation from ment of which the private student is deprived. a high school, or of matriculation in a col