INDEX. BETTER EDUCATION THE GREAT NEED OF THE PROFESSION. Hon. CONSEQUENCES OF CUBAN BELLIGERENCY. sey. Theodore S. Wool- DETERMINING THE VALIDITY OF A PATENT ON DEMURRER TO A KOWSHING, THE, IN THE LIGHT OF INTERNATIONAL LAW. Tokichi LEGAL PROFESSION IN SCOTLAND. J. Dove Wilson iel H. Chamberlain 247 RESPONSIBILITIES OF THE UNITED STATES INTERNATIONALLY FOR TAKING CORPORATE SHARES BY RIGHT OF EMINENT DOMAIN. PROCESS ACT OF 1828 . RELATION OF RAILROAD AND TELEGRAPH COMPANIES 34 209 193 35 145 191 35 269 147 228 228 192 97 36 98 96 YALE LAW JOURNAL VOL. V OCTOBER, 1895 No. 1 A BETTER EDUCATION THE GREAT NEED OF THE PROFESSION. The lawyer is evermore the leader in society; and by society I do not mean that little coterie which lives simply to dine and wine, but that larger association of all individuals whose mingled labors have achieved the present, and will work out the future of human life and destiny. In society, in this better sense of the term, the lawyer is the leader. Temporarily, it is true, he may be displaced by the soldier. In the abnormal and chaotic movements which accompany revolution and war the lawyer is ignored. Inter arma leges silent. The man on horseback becomes the leader, and around his life there is a pyrotechnic splendor which has lifted him into undue prominence, and made him too frequently the central figure in written history. But his leadership is always temporary, and conditioned upon some disarrangement of the normal condition of human society. When life is moving on in peaceful and regular lines the soldier drops to his appropriate place, as simply the representative of force-the one ready to help the lawyer as the true leader in all efforts which make for the bettering of human life and the coming in of a higher civilization. So, in the early days of New England, the minister, for a while, superseded him. Legislation denounced him, and society under its theocratic leadership endeavored to forbid his presence, and exclude him from recognition. Washburn, in his Judicial History of Massachusetts, says: "It was many years after the settlement of the colony, before "anything like a distinct class of attorneys at law was known. "And it is doubtful if there were any regularly educated attor"neys who practiced in the courts of the colony during its "existence. Lechford, it is true, was here for a few years, but he "was soon silenced, and left the country. Several of the magistrates "had also been educated as lawyers at home, among whom were "Winthrop, Bellingham, Humfrey, and probably Pelham and "Bradstreet. But these were almost constantly in the magis"tracy, nor do we hear of them ever being engaged in the man"" agement of causes. If they made use of their legal acquire"ments, it was in aid of the great object which they had so much "at heart-the establishment of a religious commonwealth, in "which the laws of Moses were much more regarded as prece"dents than the decisions of Westminster Hall, or the pages of "the few elementary writers upon the common law which were "then cited in the English courts." It is curious to note some of the legislation aimed to dispossess the lawyer from his rightful position, and exclude him from even existence in society. In 1656 the following statute was enacted in that colony: "This court, taking into consideration the great charge resting upon the colony, by reason of the many and "tedious discourses and pleadings in the courts, both of plaintiff "and defendant, as also the readiness of many to prosecute suits "in law for small matters. It is therefore ordered, by this court "and the authority thereof, that when any plaintiff or defendant "shall plead by himself or his attorney, for a longer time than one hour, the party that is sentenced or condemned shall pay "twenty shillings for every hour so pleading more than the com"mon fees appointed by the court for the entrance of actions, to "be added to the execution for the use of the country." There was a crafty wisdom in this statute which commends itself to any one of much experience on the bench, and I venture to suggest that a similar act would to-day be sustained by every court. By an act passed in 1663, "usual and common attorneys" were excluded from seats in the General Court, as the Massachusetts Legislature was called. But notwithstanding these efforts it soon developed that the needs of society were stronger than the wishes. of the theologic advisers, and little by little the lawyer was lifted in even that theocratic society into his proper and accustomed place, and there, as elsewhere in the land, became the recognized leader. To-day, wealth is striving to dispossess him from his position of leadership, and money is used to secure position and control, but with the ordinary result that place and power acquired alone by such means simply expose the possessor to ridicule and scorn. It takes something more than a $200 silk nightshirt to make a |