Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1916-06-11
Reform in Legal Training
New York journal o. Commerce.

-New York journal Of Commerce.
Since the confirmation by the United States
| senate OF the appointment Of Mr.. Brandeis to the
supreme court is an accomplished fact, it is time
for personal rancor and partisan clamor to cease.
On the other hand there is one phase OF the con-
troversy that should be clearly understood by
the public. 1t explains the reason for the ardent
support he received from more or less radical
elements of our people. who saw in his appoint
inent an entering wedge by means Of which the
citadel of vested selfish interests, as they
wrongly term the supreme court OF the United
States, might be entered and the "bulwark Of
the propertied classes" be overthrown
Whether they are right in this or not is
question which the future alone will decide; but
this is a time for the thoughtful people of the
country, who are progressive, yet conservative,
to realize that there is measure of truth in the
state, are too much occupied with the law and
presidents Of the past. That they do not sym
pathize with the changing, advancing life OF to-
day, which means progress, and that they tail
to understand the need OF bridging over with new
law or the Interpretation Of law what Sir Henry
Sumner Maine once called the ever-recurripg
ehasm between existing law and advancing civil
ization. That Is to say, they would hold back
the forces Of progress by the legal chains of the
past rather than forge new bonds Of social and
judicial control which are adapted to restrain
these new forces to the paths of orderly and
reasonable development.
As Is usual with those people who advocate
radical opinions, they have taken an element of
truth which applies to the utra-conservatism of
some Of our judges and stretched its meaning to
such an extent that II becomes utterly false in
federal and state judges are biased, narrow and
the weak For this reason these radicals wildly
endorsed Mr. Brandeis as prospective supreme
court justice, because they had the idea that he
would prove antagonistic to formal law and pre-
cedent and his tendencies would be favorable to
their views OF property, government and society
in general.
II Is important that this ultra-cons ervatism
OF our judges should be recognized and measures
taken to remedy the defect by common sense,
conservative means, rather than by such utterly
vicious nostrums as the recall of judges or Of
judicial decisions or the extension Of the unfor-
tunate system of popular election of the judiciary
Prot. James 7. Young OF the University Of Penn
sylvania recently summed up the reasons for this
INSTRUMENTATION by saying: "The legal train
ing Of the Judge from the time he starts out as
practicng lawyer Is such as to attract his atten-
ton to the sacredness Of property; his mind is
chiefly occupied with the means of unfolding
property. rights. In examining the historical
reasons for our existing law he is inclined to look
upon the past with greater care than upon the
natural growth of the law. As result his whole
professional education makes him Intensely con-
servative unless by temperament his natural in
stinet favors progressive changes
1t is only natural that lawyers legal educa-
ton and the practice of bis profession should
mold his habit OF mind, and the same is true OF
the business man, the physician, the teacher or
the minister. II 10 equally true Of the laboring
man and the unskilled workman. What an in
dividuai habtually does from day 10 day, whether
the individual be man or a woman, inevitably
Will influence and color the whole course of that
PERSONS mind and life It 10 necessary there
tore, 70 guard against this tendency on the part
OF judges by so changing the education Of the
lawyers that they will start with broader out
look on lie and q clearer understanding of its
needs and possibilities. Without this UNDER
standing and sympathy Il will be impossible for
them to take position In respect to the various
problems that come before them for adjudica-
tion which shall be absolutely without shade
OF prejudice or bias and fair to all the interests
concerned.
The bar examinations OF our various states
profess TO go beyond the mere requirements of |
legal principle, but not always with success. Re-
S s N nearby state young man, supposedly
prepared to pass these examinations, was asked
ne question In history, who was the father of |
Queen VictoriaT He promptly replied "Henrv |
WILL Later he apologized for his failure to |
answer the question correctly by saying that he |
mad not looked Into his English history for three
weeks Not only should the tests in history and |
other subjects be made moro severe but also, as |
Prot. Young further says, "Snce the fudge il |
first lawyer, Il 10 the education Of the LAWYER |
which must be made to include a knowledge Of |
growth" "AN '~oNo'ii'
Inc same Idea has been stressed by Brooks
Adams in the remark that Legal training on
right lines should direct the student 10
the great forces Of social life, moyement and
change which cause the decisions Of The court.
and acts Of the Legislature" II these needs in the
training Of our lawyers were recognised BY the
iegai profession at large and the reforms be made
by its nembers and from within, there would he
little ground left for the needless and radieaI
agitators who use the preudices Of their auditors
IS convenient means for attacking our jud;cjsrv