Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-04-06

make a good lawyer. First, the aspirant
for position at the bar ought to be taught
in law school, and then he ought to havea
training In lawyers Office to acquaint him.
self with the practical part of the profession.
should say that at least two years ought to
be spent in law school and one year in
lawyers Office. When / was young there
was scarcely any instruction except in
lawyers offices. There were very lew law
schools in those days. The most prominent
one was perhaps in Litchfeld, Conn. I
think the law schools have been great ben
etit to the profession. Still they fall short
OF what they might accomplish.
am decidedly of the opinion that the
improvement of the law has not come from
our law schools. Unlike the law schools of
Continental Europe they do not interest
themselves in the improvement of the law.
In TACT do not now recollect one of our
law schools which has undertaken to grap-
pie with the needs of law reform except
perhaps In very moderate way. Our law
schools are too apt to fall into dead conser-
vatism. When I consider what they do
and what they might do, can see how
much they lack of fulfilling their mission.
We are using, for instance, the same bonds,
contracts, bills of lading and other legal
iorms that our ancestors did 100 years ago.
The ordinary bond of to-day is a most an
tique and outlandish affair. The law schools
ought to teach not only what the law is, but
also point out its defects. At present they
teach the law only as it exists.
sPECIALTIEs IN THE LAW.
"The lawyers requirements have expand
ed considerably during the past few decades.
Several new branches of the law, for in
stance, have been created by the develop
ments of industry. Then again, while the
general principles of law have not changed,
there are new situations to which they must
be applied. There are, of course, different
branches of law, the same as there are DIFF
terent branches of medicine. It is a matter
OF preference which one the lawyer takes up.
One turns to patent law, and another to real
estate law, the same as one doctor paws at
tention to the eye and ear and another to
the lungs. General practice is most re-
munerative as rule, think.
"The principal defect in the average law
yer is his intense conservatism, Think Of
the lawyers opposing with all their might
the writing down in the statute book of
what the courts have decided. The Civil
Code now before the New York Legislature,
for instance, processes to give, and I think
does give, the decisions of the highest courts
In language which not only lawyers but the
OF lawyers-whether they are in the major
ity or not, have no means
OF knowing-opposed the writing down
in Ineligible language of what the
courts have decided. The motives which
impel them to this action are undoubtedly
different with different persons. Some, no
doubt, wish the law to be left uncertain, so
that the courts may decide differently in the
future from what they have in the past, thus
leaving the client to struggle as best he can
with uncertainties and an abundance of
fees.
LAWYERS ARE TO BLAME.
"In all this think lawyers are greatly to
blame, and fail Of their duty to the State.
The lawyers are not only greatly in fault
ior the defective state OF the law, but also
for the deplorable delays in the dispensation
of justice. The great delay, in fact, is the
great defect in our legal administration. 1t
is greater, believe, than in any country in
the world, and is grave reproach to our
lawyers.
THE essential principle of New York
practice is as plain as can be stated in
words. but it has been latterly overloaded to
the last extent with details. Still the gen.
eral legal system has been much improved.
The penal code and code of criminal pro-
ceedure have been of great benefit. So the
code of civil procedure would have been if
kept in its original simplicity and freedom
from unnecessary details.
"The jury system ought not to be abol-
ished. at least in criminal cases, but the
right ought to be given to two-thirds of the
jury to render verdict would encourage
the trial of civil cases without jury SO far
as practicable. The jury is useful as a
check upon judicial usurpation and de-
tense for the citizen against arbitrary
power" HIS.