The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-03-14

thorough law school for the state of
Utah:
The thought of a Salt Lake school of
law growing into a living fact for the
state of Utah, is supremely significant
alike to my judgment and feelings. ana
if you can grant me the favor of your at
tantion l will briefly present to you the
history, purpose and methods of the pro-
posed institution.
Lux Centrum Lex is our motto. Law
is the light of the nations, the light of
individual states and not less emphatical-
ly the light OF Individual persons. 1t Is
the glory of modern science that II mas
made clear once and forever. that law
and not chance, encircleS us. Our health,
our happiness and the entire group OF our
| activities can reach their good only by
obedience TO law.
The nineteenth century is nearing the
close of its intensely crowded record;
men. movements, institutions, sciences,
states and empires have played their
parts in the parIiaments of the world.
Changes have come and changes nave
gone. and all alike have proved the uni
versatility of law-of laws in two great
forms, in evolution and in dissolution
The worlds new life has grown out of the
death of the worlds old life. We are the
children of the ages. All the order.
beauty, power and goodness of creation
have slowly but ceaselessly evolved out
of and from the primordial forms OF a
whiiom beginning.
We may be sure that the first princi-
pies of evolutionary progress are radical
ly the same in the world of our humanity
as in the outlying world of physics. The
survival of the fittest means no more
and no less than the survival OF the
obedient.
Sir Charles LyaIl and the American
Dana have written their names across
the record of this century, as the retro
spective prophets of geology-they were
born to interpret the solid strata of the
earths old crust Charles Darwin was
student genius in natural law. born to
svNea - aNrrra NaQf
went they out to see? What did they
see? They saw everywhere the sublimi-
ties of law-law written in the rocks.
written on the flowers, and written in the
music of the birds.
Then came Sir Henry Maine. whose
DhilosoDhic mind lit up and illuminated
the history and philosophy of law; and
what a history of law he has traced for
us-from the rudimentary elements of
tribal groups TO the cultured foundations
of modern codes. At the opening of this
century the great Bentham appeared as q
giant reformer of legal science. He had
a passion for sweeping away legal cob
webs; his enthusiasm for American posi-
bilities of higher legal development
is manifest to a burning point in his let
ter to President Madison in 1911 In his
letter to the governor of Pennsylvania in
1Sl4-also in his communications to the
governors OF the several states in 1917,
and in his address to the citizens of the
United States in July of 1917
Whatever may have been Benthams
Il
questionably gave the initiative force for
the clearance of first principles.
The reform movement had u triumphant
course in this country under the brilliant
advocacy of A. Loomis, David Graham
and Dudley Fisld. As commissioners
these three lawyers framed the New
York code of procedure in 1S4s. and the
proposed New York code civil procedure
in 1880. The work of these distinguished
men is yet powerful in its influence on
both sides of the Atlantic, and may be
the first stage of the destined progress to-
ward a more simple. uniform and lasting
American code Of law.
On the side of legal education American
schools of law stand in the very front of
legal advancement.
In 1883 Prof. Bryce had the manly cour-
age to declare in oxford that the Ameri-
can schools were superior to the English
schools in the provisions they had made
for the most scientific and historic treat
ment of legal principles. offering as they
do. post graduate courses If highest value
to the science of law.
This must certainly be Intensely graft
fying to American students. and IL GER
tainly reflects the highest credit both
upon the wisdom and patriotism os the
American people.
For what. is the measure and si-nifi-
canoe OF al this? 1t is in fullness the
sublimity of a national purpose of a free
people TO place themselves squarely on
the side of the eternal verities-for as we
have briefly indicated, law is written
within Us. above us ana DelOW uS-tle
stars ara brilliant with law. the flowers
are fragrant with law, and the decalogue,
says Emerson. Is written across the sky
and on the mountain sides.
We are all too apt to ALLEVIATE the civil
law from the natural law. in ultimate
PRINCIPLES the" era and must be one,
in origin they are one. in beneficsnce they
are one, and in their manifest intention
they are one. The divine order is, first
the natural, then the spiritual.
Nations have their destiny. The. Jews
had theirs in the evolution of religion;
the Greeks had theirs in the development
of philosophy. and the Romans had theirs
in the construction of law and govern
ment. We have the heritage of the three.
Individual states have their destiny.
Utah has entered upon hers with every
promise of wealth. strength and happi-
ness, but these great forms of good. again
we repeat are attainable only by a whole
hearted loyalty to sovereignty of law.
1t was whilst lecturing on law, history
and civics in the University of Utah. that
pressed with the necessity of a more ex-
tended course of legal studies feeling that
with such tabula rasa as young Utah,
something might be inaugurated.
Accordingly ] placed myself in CORE
spondence with the princisal law schools
in the east. more especially with Harvard.
Columbia and Michigan. During the va
ca ton of SO / worked my plan of an ex-
tended course of legal studies. many of
the students had expressed to me their
Ion gings for the opportunity of a wider
course, out was MISTAKEN, nope
never anchored. Yet nv purpose re-
manned, and on the 5th of July L received
the first student and only one. l quite
rejoiced at the unity of the first start.
One student. He was TO my feelings the
embodiment of the sunshine of hope 1t
would be unpardonaby egotistic of me
to narrats the intervening struggle from
the one TO the Is students / will there
fore. stop at the soul of wit and let the
brevity of this history stand on its
ITS PURPOSE.
provide the opportunity for an efficient
legal education for the law students of
Utah and the reighboring states. We
think the field IS wide enough even from
the standpoint of economy. But first for
our own state:
We have . state university. which can
not, IN reality. be university until we
can offer such courses of study as to
justify its name. In the work of educa-
ton Utah may be Justly proud for in
half generation a most praiseworthv
work has been accomplished. Our school
system most efficiently covers the ground
from the royal gifts of the kindergarten
to the bachelors degree of the univer-
sity.
1t may be asked. therefore. on what
grounds cnn an enlargement be Justified e:
Why multiply our public institutions?
Thu econmics Of the situation is clearly
enough pointed out by the following quo
tations:
1T has long since appeared to me as a
waste of means for students from Utah
to enter eastern institutions of learning
preparatory course. when such work
could be as well accomplished at home
more cheaply and as quickly, thus leaving
the students under home influences
whilst fitting them to enter eastern law
schools for finishing courses. with greater
credit to themselves and higher hOnor