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Series I. Number L

BULLETINO F T H E

University of Notre DameNOTRE DAME, INDIANA

m a

LAW DEPARTM ENT 1904-1905

PUBLISHED QUARTERLY AT NOTRE DAMB

UNIVERSITY PRESS

JULY, 1 9 0 5 .

A pplication has been made for entry a t the P o s t Office, N otre Dame, Indiana, as second class m atter,

LAW FACULTY*

VERY REV. ANDREW MORRISSEY, C. S. C., President of the University.

W ILLIAM HOYNES, LL. I).,Dean of Law Faculty.

LUCIUS HUBBARD, LL. D.,Professor of Law.

TIMOTHY IS. HOWARD, LL. D .,Professor of Law.

ARTHUR L. HUBBARD, A. M., LL. B.,Professor of Law.

ANDREW ANDERSON,Professor of Law.

SHERM AN STEELE, Litt. B., L L ,B „Professor of Law.

JO H N 13. RENO, A. M., LL. B.,Lecturer on Parliamentary Law.

REV. M ATTHEW SCHUMACHER, C. S. C.Lecturer on Ethics and Natural Law.

Law Departmentof the

University of Notre Dame

.The University of Notre Dame has earned a prom­inent place among the leading educational institutions of the country. I t was incorporated sixty-two years ago, under the laws of Indiana. Its charter empowers it to teach all preparatory, collegiate and university branches, and to confer the degrees and honors appro­priate to evidence their completion. These degrees represent as high a standard of educational equipment as those of any other American university.

The regular attendance of students numbers between 700 and 800. They are distributed among the several halls of the University, as St. Edward's, St. Joseph's, Carroll, Brownson, Corby, Sorin and Holy Cross. By this arrangement it has been found practicable to re­ceive and instruct students of ages varying from early boyhood to thirty-five or forty years. The attendance is composed exclusively of males. Though conducted under Catholic auspices, yet there is no prohibition or restriction upon the matriculation and attendance of non-Catholics. These comprise at times a fifth or more of the student body. But the same general rules of discipline regarding respectful attention and proper

4 UNIVERSITY OE N O TR E DAM E.

deportment at religious services are applicable alike to all.

THE GROUNDSimmediately tributary to the University comprise ap­proximately 1,400 acres. They adjoin the corporate limits of South Bend on the north and extend almost to the Michigan boundary. South Bend is a well known and flourishing city. Its population is about 50,000. I t is the seat of St. Joseph County, 87 miles from Chicago, and accessible by rail from all parts of the United States. The city of Niles, on the north, is only io miles distant, and a trolley line from it passes through the university grounds. In addition to the extensive area of land belonging to the University in its immediate vicinity, it owns and conducts in the neigh­boring township to the east a large farm, embracing in meadow, groves and cultivated fields, nearly 2,000 acres. From it come quite largely the milk, vegetables and other food supplies required by the students, thus assur­ing freshness and wholesomeness in their meat and drink.

The grounds at Notre Dame are famous for their beauty and attractiveness. The lakes, groves and dis­tant r iv e r ; the meadows and cultivated fields; the orchards and flower bedecked parks and gardens, com­bine to spread out before the appreciative vision a prospect singularly picturesque, beautiful and charming.

THE UNIVERSITY BUILDINGS.The main and ancillary buildings of the University,

including the various halls, telephone and express offices, a store and post-office, are about twenty in number. They are in the main of large size, and conform to the most approved architectural designs and sanitary requirements. Due measurably to this fact, as may be

L A W D E PA R T M E N T . 5

presumed, the healthfulness of Notre Dame can justly be considered exceptional. But comparatively few of its inmates are compelled even in the most trying seasons to suspend work and have their names entered on the sick list. For such, however, there is an Infirmary on the premises, and medical services can there be secured, together with the care and nursing of highly qualified and devoted sisters.

The University is situated about two miles north of the business centre of South Bend, and almost a mile from its nearest suburb. I t is impractible, consequently, for students to board or have their lodgings in town. I t would be too expensive and involve too great a loss of time to make trips daily between the University and South Bend. Moreover, it would be inconsistent with and subversive of

THE RULES OF DISCIPLINEin force at Notre Dame—rules deemed essential to best results in educational work and the formation of sturdy and manly character. These rules contemplate not only close attention to school duties during the year, but also immunity from the distractions and temptations, amusements and social claims of city life. The regular period of the school year is too valuable to be lost to any marked extent in such trifles.

The University has long been noted for thorough­ness in work and effectiveness in discipline, as tending to the utilization of time and the fixing of habits of diligence and punctuality. sense of duty is involved in the maintenance of this reputation. Students are expected to be regular in attendance at class and dili­gent and prompt in discharging the duties devolving upon them. They are expected to take a practical view of educational work and to bear in mind that the few

6 UNIVERSITY OF NO TRE DAM E.

years devoted to it must be depended upon to direct and influence all the subsequent years of their lives.

All students matriculated at Notre Dame, no matter for what course, stand primarily on the same footing. The halls to which they are assigned indicate in a general way their respective ages and educational standing, although the records of entry in the books of the University are the sources of original and controlling evidence in the matter. They reside during the academic year in comfortable quarters within the precincts of the University; share together food of the same kind in the refectories; have the same service at meals and in the use of light and heat, as well as in washing and mending; some sleep in dormitories and others in private rooms, according to their standing in scholarship and preliminary arrangem ents ; study in common, each at his own desk, whether in the large study halls or private rooms, and meet for class-work in their respective recitation rooms, as called hourly by

, the signal bells. In short, they dwell together, meeting for recitation in class, for their meals in the refectories and for necessary recreation and healthful exercise in the great gymnasium or on the campus. Brought thus daily into close companionship, they become in time virtually the same as members of one great family, and a feeling of deep, unselfish and life-abiding friendship is often awakened among kindred spirits.

Everything needed can be had at the University, and seldom does occasion arise to visit the neighboring town. Visits to it are not favored. This is not alone in the interest of economy and for the avoidance of habits of extravagance and improvidence, but also to guard against loss of time and possible exposure to temptations. I t is sought under the rules of discipline at Notre Dame to prohibit or avoid things manifestly

L A W D E PA R T M E N T . 7

tending to undermine or make against the growth of moral worth and manly character. I t is almost super­fluous to state, consequently, that drunkenness or immorality is considered ground for expulsion, and that the use of intoxicating liquors is strictly prohibited.

The style of living at Notre Dame is simple and unostentatious. It is favorable to the formation of habits of thrift and frugality. Distinctions between the rich and the poor are discountenanced. No line of demarcation between them is ever knowingly permitted to be drawn. The highest standard of excellence is measured by scholarship and honorable deportment. Those crowned with the brightest laurels of the University are those who worthily attain to that laudable standard, irrespective of whether they be rich or poor.

This preliminary sketch may be deemed pertinent, if not indespensable, before proceeding to deal specifi­cally with the

LAW DEPARTMENT,

for its students are inmates of the university, authorized to attend any of the collegiate or other classes, subject to the rules of discipline prescribed for collegiate students, and entitled to equal rights and privileges.

In 1869 the law course was established in a modest way as a separate curriculum during the presidency of the late Very Rev. William Corby, C. S. C. I t was reorganized in 1884 by the late Rev. Thomas E. Walsh, C. S. C., who was then President of the University. The present Dean was called from Chicago, where he was actively engaged in the practice of law, and placed in charge of it. The need of making another start or beginning the work anew soon became manifest. Attention was first given to securing text-books and

8 UNIVERSITY O F NO TRE DAM E.

reports sufficient to form the nucleus of a law library. In the following year began a gradual but steady increase in the number of students. Substantial improvements were made from time to time and new books added to the library, as circumstances seemed to warrant. Nevertheless, nothing was done in the way of exploitation, and for several years the course was not even advertised, as it was feared that in range of study and equipment it might seem presumptuous to invite comparison with older and larger institutions. I t is well known that these are advertised mainly through the expressed good will and personal recom­mendations of their students and graduates, but Notre Dame lacked this advantage on account of the com­parative paucity of such heralds and representatives. As time passed, however, these went forth in yearly increasing number and proved to be zealous misssion- aries in their praise of the work done in the law course. They found additional assurance of its thoroughness in the almost uniform success that attended them in examinations for admission to the bar in the various states in which they resided or to which they went for the purpose of establishing new domiciles. They observed with even greater confidence in their work of preparation that graduates of some of the most noted law schools failed in the same examinations. They were not unfrequently complimented by judges and members of the examination boards upon the accuracy and resourcefulness of their legal knowledge. The publicity of such facts, though slowly spreading, has served to attract here for the study of law a steadily increasing number of industrious and capable young men.

Under the influence largely of the American Bar Association, the period now commonly prescribed for

IvAW D EPA R TM EN T. 9

the study of law is three years. This reform was greatly needed, and it is gratifying that the response to the call for it has been so prompt and general. I t means the elimination from the profession of persons unfitted to follow or engage in its practice. I t means a higher standard of professional honor and efficiency. Notre Dame has sought to keep steady pace with the progress made in this direction. It aims to do its full share to elevate to the highest plane practicable the study and practice of the law. Considerations of public good and safety so demand, and it endeavors not to be second to any other institution in meeting the most exacting test of these salutary requirements. That its work in this respect has been followed by fruition is shown not only by the records of its students in examinations, but also by the fact that many of them- enter successfully on the practice of the pro­fession without previous probation or experience in the offices of other lawyers.

QUALIFICATIONS FOR ADMISSION.In some law schools the requirements for matricula­

tion are- of an order so high as to be prohibitory upon the great mass of young men. Students are not received as candidates for diplomas unless previously graduated by some college of approved standing.

They must have received degrees evidencing the completion of some of the collegiate courses. Were this rule in general effect, all but a favored few would be shut out of the legal profession. The institutions in which it obtains may judge for themselves as to its operation. I t may be assumed, however, that it has proved satisfactory to them, for otherwise it would probably have been modified or discontinued. In fact, it is hardly open to question that, generally speaking, a

10 UNIVERSITY 0 E NO TRE DAM E.

student whose mind has been trained and disciplined by years of study in a college is better qualified to under­take the study of law, perceive its relations to human affairs, fathom its mysteries and solve its problems, than one who has not had that advantage. And yet a fair education and hard work, together with a bright mind, or natural endowments above the average, may enable the latter to do as well in the battle of life as his more favored brother, if mot actually to outstrip him. The instances that might be cited in proof are so numerous as to leave the question no longer debatable. In view of this fact, not to mention a sense of duty in the matter, Notre Dame favors for its own guidance a rule more liberal than that which excludes all but col­lege graduates from the study of law. It is not dis­posed to shut its doors in the face of honest worth and promising manhood, even though the general education of the applicant brings him only to the threshold of the collegiate courses. There are many capable and even gifted young men whose duties have been so onerous

-and means so circumscribed, on account possibly of absorbing cares and heavy expenses in providing for parents or brothers and sisters in periods of sickness and distress, that they could not devote the time nor make the outlay requisite for acquiring a collegiate education. Nevertheless, some of these are well educated along particular lines. They acquire necessarily a fair education in the line of their work or incidentally to it. This is true of those working in printing offices, com­mercial houses, trade establishments and offices of insurance, real estate and law firms, as well as of those who burned the midnight oil in study. I t seems to be only fair and in consonance with a just sense of duty to allow credit for learning acquired in this way, and especially so when it appears to be equal in accuracy

L A W D EPA R TM EN T. I I

and range to that acquired in the corresponding branches of an academic course. Such persons ought to be able to finish in a comparatively short time at Notre Dame studies of the preparatory or high school grade in which they may be deficient. They could then enter upon the study of law with happiest results, close attention and the requisite time being given to it.

I t becomes pertinent here to indicate more speci­fically the standard of qualifications for the matriculation of law students at Notre Dame. I t is this, to wit, graduation from any reputable high school or comple­tion of the preparatory course at this University. This gives collegiate standing to the student. He is a fresh­man, so to speak, or entitled to rank as a first year's student in collegiate work. No persons of lower grade can be received as regular law students and candidates for degrees.

Students from other law schools are received at any time and allowed due credit for the work previously done. They must, however, attend class for at least one year in order to be entitled to the privileges and honors of graduation.

Lawyers who have been engaged in the practice of , the profession or have only been admitted to the bar, as the case may be, are admitted to the Senior class and entitled to the degrees appropriate to their work and standing at graduation in the following June.

Special students are those who wish to receive instruction in the science of the law generally pr in some of its branches without becoming candidates for degrees. No particular entry requirement is prescribed for them, aside from securing the consent of the Prefect of Studies and being of sufficient age and capacity to understand and profit by instruction in the law. The regular students who enter the law course as candidates

12 UNIVERSITY O F NO TRE D IM E .

for degrees must be at least 18 years of age, but this rule is not necessarily applicable to those who pursue special studies. As an education can hardly be called complete without at least an elementary knowledge of the law, the number of special students ought steadily to increase. A knowledge of the law is the bulwark of liberty. All the relations of life are within the sphere of its power to destroy, modify or protect. I t points out the safe path to follow in all human affairs. I t warns men of and saves them from possibly great losses in the contracts incident to their business. It admonishes them of and guards against possibly heavy damages accruing from torts or negligence in the management of property or their personal conduct toward others. I t accompanies and protects them in their travels on land and sea. Night and day it is over and around their homes and possessions, assuring them of safety in their absolute rights of life, liberty and property. Moreover, no other branch of study com­pares with, it in disciplining the mind, directing' the currents of thought, intensifying the powers of analysis and discrimination, and keeping the judgment in all the affairs of life within the boundaries of the practical—or what may be called common sense, which is the founda­tion of the law.

THE COURSE OF STUDYat Notre Dame covers a period of three academic years. The academic year begins for all the courses early in September, and closes ordinarily before the 20th of June. There is no break in the regular order of work through the school year, except during the Christmas holidays, when a vacation of two weeks is allowed, in order that all who wish may visit their homes.

L A W D EPA R TM EN T. 13

Students are required to be regular and prompt in class attendance. Absence is not excused unless in case of sickness. If continued for an unreasonable time it deprives the student of credit in the year for the time lost and entails forfeiture of the right to gradua­tion, unless the lapse be satisfactorily repaired by subsequent study.

Lack of regularity or remissness in the discharge of duty is an intolerable evil, disturbing to earnest and industrious classmates and undoubtedly harmful to the delinquent himself, in that it prevents him from form­ing a clear and accurate conception in unbroken continuity of his prescribed work. Breaks and intervals in his knowledge of the law make as evidently against his thoroughness and proficiency as broken cogs make against the appearance and efficiency of wheels in machinery. Strictness in the matter rests not alone upon a conscientious sense of duty to the young men themselves, their parents, the legal profession and the public, but also to the University, so that its reputation of affording exceptional opportunities and facilities to become thorough, practical and proficient in the lavv may not be impaired or jeoparded.

There are three regular classes in the law course, which are distinguished respectively by their years of study, as First or Elementary, Second or Junior and Third or Senior. For example, after a year’s work in the First Class its members are promoted to the Second; another year of study in this, and they are advanced to the Third, thus becoming Seniors. In the following June, or at the end of the third academic year, they are graduated, receiving the degree of LL. B. This marks the triumphant finish of the regular course in law. Realizing, however, that it is a life study, some of the more fortunate of the young men may find it

1 4 UNIVERSITY O F N O TRE DAM E.

practicable to continue the work for another or fourth year. In such case they enter and become members of the Postgraduate Class, and receive on graduation a year later the degree of LL. M. Graduates are admitted to the bar on motion and presentation of their diplomas by the Supreme Court of Indiana.

Young men find it greatly to their advantage, cir­cumstances permitting, to study law for the full four years at a university, where they are in an atmosphere stimulating and favorable to work; where wholesome emulation incites them to call into exercise their dormant energies and hidden powers; where they enter into the spirit not only of the law, but also of the different academic courses, acquiring a helpful knowledge of educational work on its broadest lines. Moreover, the day for studying law in an office or in private has passed. I t seems now to be practically out of the question to acquire a connected and systematic knowl­edge of this great science in that obsolescent way. I t must be remembered that in many states it is threefold more difficult to pass successfully an examination for admission to the bar now than it was when the old system prevailed. Indeed, one ought to acquire a more general, accurate and systematic knowledge of the law in three or four years in a properly equipped and well conducted law school than in twice that time under the old methods.

There are three regular recitations daily, compris­ing approximately four hours, for each and all the classes during the three or four years of study.

Special exercises likewise are announced from time to time, as in the actual preparation of plea ings, the examination of abstracts of title, the writing of deeds and leases, the making of wills and other instruments and the dispatch of such business as is customarily

IvAW D EPA R TM EN T. 15

transacted in well regulated law offices. The special work requires from one to two hours a day throughout the year and is not less imperative than are the regular recitations in the obligation of regularity and punctu­ality in attendance.

The subjects of study in the law course are covered by text-books, lectures and illustrative cases, as well as by theses and moot-court work. They are likewise searchingly reviewed in the daily quizzes. The regular recitations cover all branches of the law, as here indicated :

FIRST YEAR,[Bach subject 5 hours a week until finished.]

K ent's Commentaries {Abridged), Reed's Rules of Order, or Waples' Parliamentary Law, Natural L a w and Legal Ethics.

Persons and Domestic Relations.

This branch of the law refers to natu ra l persons and their varied relations w ith one another and the state, although it deals more specifically w ith the property interests and m utual rights and duties of husband and wife, parent and child, guardian and ward, m aster and servant. N atural persons and their relations to one another constitute primarily the foundation upon which rests the whole structure of the law. The better we know them through study and observation, the more clearly we perceive the needs incident to their progress and development and the more intelligently we prescribe the laws requisite for their protection— for the protection of life, personal security and private property. They preceded in their origin all positive laws and even the simplest form of government. They established society and formed the state. They enacted laws answering to the requirements of changing conditions in the line of their activities. They devised methods of co-operation, and w ith lapse of time created artificial persons or corporations. The impulses and motives th a t actuated and led them to pursue the course they followed are still in unabated force and effect, being essential to progress and develop­ment. In view of these facts, it is sought a t Notre Dame to study the subject of natu ra l persons as viewed in their domestic relations before or a t least contemporaneously w ith their acts. These acts, whether in making and preserving the law or in violation of it, come within the sphere of the students' w ork a t as early a date as practicable. When impracticable to enter upon this subject as an initial or early study, as in the case of students who become

16 UNIVERSITY O F NO TRE DAM E.

enrolled after i t has been formally treated, occasion is found from time to time to repeat or apply its m ost salient principles to known or described states of fact. This fully meets the require­ments until the return of the time for its more formal treatm ent.

T h e L aw of Contracts.

This is a fundamental and m ost im portant branch of the law. I t comprises all transactions involving agreement, whether express or implied, in the commercial world or the affairs of daily life. In short, i t is the basis of well-nigh all branches of the law no t included in the range of to rts and crimes. F o r example, all transactions in real estate, whether by sale, lease or gift, are necessarily founded upon contract. And so in respect to negotia­tions affecting personal property, whether by sale or bailment, and whether comprising a ship a t sea, the merchandise on board, a drove of cattle, the products of the harvest or a spool of thread. So, too, regarding bills of exchange and promissory notes, surety­ship and guaranty, bonds and mortgages, principal and agent, partnership and corporations, policies of insurance and powers of attorney, arb itra tion and aw ard, the employment of skilled work­ers and common laborers—indeed, every relation of life involving agreement, as where the minds of persons under no legal disability meet w ith contractual purpose upon any lawful subject actually or potentially in being, and of sufficient moment n o t to fall as a consideration below the dignity and scope of the law. This is studied w ith exceptional thoroughness a t Notre Dame. Among its chief subdivisions are offer and acceptance, agreement and obligation, the essential elements of contract, s ta tu te of frauds, quasi contract, illegality and public policy, moral obligation and reality of consent, m isrepresentation and mistake, dependent and independent promises, impossibility of performance, conflict of laws, construction and waiver, conditions and w arranties, assign­m ent and discharge.

Torts or Private Wrongs.

A subject of exceptional interest and related in fundamental importance to contracts, bu t differing in being outside the pale of agreement and w ithin the scope of obligation arising from injury or damages caused to others by negligent or wrongful acts independent of the will. The treatm ent of the subject includes a full outline of the substantive and adjective laws governing it, the line to be draw n in distinguishing to rts from contracts and crimes, persons liable for to rts , negligence and nuisance, libel and slander, wrongs affecting the family relations, wrongs affecting possession and property, remedies and damages. The law of to rts differs from th a t of contracts in fixing its obligations independently of the will of the parties concerned. In contracts mind m ust meet mind in every essential particular touching time, place, subject- m atter, consideration and legality. When the offer involving these elements is unequivocally and unqualifiedly accepted the contract is created and becomes a living force, binding upon both parties,

L A W D EPA R TM EN T. 17

and no longer changeable a t the will of either. This obligation arises from the contract, and should either fail to perform or fall short in performance it gives the other a right of action for the breach or deficiency. In to rt, on the other hand, the parties may be entire strangers to each other and have no thought of entering into relations productive of liability. A person m ay by a negligent act incautiously injure an entire stranger in the street, _ as by driving a vehicle against him, and on so doing an obligation a t once arises and binds him as firmly as by contract to the injured man to make amends in damages for the wrong done. Again, a person may by a negligent and wrongful oversight, as where he furnishes to a customer a defective vehicle th a t breaks down and causes injury, create an obligation binding upon him to repair so far as practicable by the payment of damages the injury thus caused. A railroad company may _ suffer its track to become defective or its employes careless in the performance of their duties, and a tra in may thus be derailed or a collision take place, injuring many passengers. In such case a like obligation would a t once arise in law and bind it to make paym ent to them for the injuries thus sustained. Defective machinery or instrumentalities furnished by an employer for the use of his workmen in the industrial domain would charge him w ith liability for injuries caused by their defectiveness. In view of such illustrations, i t will appear clear th a t, as a rule, a tortious act is independent of the will, although its commission is attended w ith an obligation in law to make amends by the paym ent of damages for the wrong done. Moreover, the parties to a contract m ust be of legal age bu t as the will is no t an element of to rt, infants, insane and. intoxicated persons may become guilty of and responsible for it. In many cases, indeed, the will may be directly opposed to the commission of the tortious act, b u t where carelessness or w a n to t. reasonable foresight nevertheless leads to it the obligation a t once arises and binds the tortfeasor to make good the consequent loss. If the will were to enter into or inspire the wrongful act, i t would change its character under ordinary circumstances, making it a crime instead of a to rt. In short, add the will to wrongful act, and it becomes a crime; separate it from the crime, and a to r t remains. This im portant subject is developed m all its bearings in the law course a t Notre Dame.

Criminal Law or Public Wrongs.

This is usually the first law th a t men are compelled for their common protection to formulate and execute in the organization of society and form ation of the state. The degenerate or vicious element is opposed to law and prone to a ttack the person and seize the property of him who has been industrious and provident. This condition precedes all positive law and is subsequently manifest in open opposition or schemes to evade its enforcement. In the system of study a t Notre Dame the distinction between the

law for the protection of the individual and his property and the

18 UN IVER SITY OF NO TRE DAM E.

security and prom otion of the common welfare is shown w ith due reference to existing conditions and tendencies. Instruction on this subject includes the elements of crime, intention and will maliciously directed, murder and m anslaughter, arson and burglary, robbery and larceny, treason and offences against the government.

Forensic Medicine or Medical Jurisprudence and Toxicology.

This is a very interesting and instructive study. I t deals w ith the phenomena and signs of death, post-mortem examinations, personal identity, causes producing violent death, examination of blood stains, death from asphyxia, electricity, heat, cold, s ta rva­tion, etc., feigned diseases, infanticide, idiocy, insanity, dementia, mania, paresis, poisons, mineral acids, vegetable and animal irritan ts, cerebral neurotics, malpractice and medical subjects generally in their relation to crime. .

Property* Real and Personal.

This subject of exceptional interest is a t the basis of our social fabric and civilization. I t has the sanction of existing laws, and upon it rests the superstructure of governments and natlops. In treating of i t the origin of property is dwelt upon and made clear by many illustrations; personalty is viewed w ith reference to the m atte r of acquisition, rights of possession, mobility and rules of transfer, while realty is viewed in the aspects of its estates and feudal tenures, uses and trusts, s ta tu te of lim itations, emblements, fixtures, powers, covenants, easements, deeds, mortgages, releases, s ta tu to ry rules and the rights respectively of landlord and tenant.

SECOND YEAR.[ Each subject 5 hours a week until finished.]

Blackstone’s Commentaries {Abridged).

Criminal Procedure.This is the adjective branch of the criminal law and concerns

itself w ith the penalties and remedies for its breach and the pro­cedure for their enforcement, as conducted in court and carried into effect by the sheriff. I t deals w ith the arrest of accused persons, preliminary examination, commitment or bail, office of grand jury, the indictment and pleadings, motions and evidence, tria l and ver­dict, final proceedings and habeas corpus.

Corporations—Private and Public or Municipal.

The line of distinction between these tw o g reat classes of cor­porations is well marked, and they are treated separately. Under the system of study a t Notre Dame, however, i t is sought to con­

L A W D EPA R TM EN T. 19

centrate the attention upon each branch of the law until it is finished and has taken deep roo t in the mind. I t is considered more fruitful of satisfactory and abiding results to pursue this course th an to follow th a t of some other institutions and deal w ith i t a t widely separated intervals, allowing other subjects to intervene and lead a t times to confusion and loose habits of thinking. F or much the same reason it is sought here to associate or bring them together when practicable, so th a t their m utuality of relation m ay be more readily understood and a clearer knowledge of them acquired. Hence, these tw o great classes of corporations are dealt w ith in consecutive order. As they are distinguished as artificial persons in law, it is deemed advisable to deal w ith them early in the second year, natural persons thus coming in the first. The subject of private corporations is more extensive than municipal, and it ia developed a t greater length. In brief, the subject of corporations includes their nature and creation, powers and liabilities, acts of promoters and officers, charters and management, u ltra vires acts and dissolution, rights and remedies of creditors; also, nature and powers of public corporations, legislative control, municipal securi­ties, liability on contracts and for to rts , city ordinances and police courts.

Partnership*

Or the association of tw o or more persons for carrying on a business and dividing the profits between them. I t is a very close and confidential relation, each member becoming the agent of the other within the usual or apparent scope of the business. The study of the subject comprises the several kinds of partnership, including jo in t stock companies, articles of agreement, essential elements of the relation, express and implied rights and liabilities, actions or suits between partners as well as between them and third persons, liabilities and grounds of dissolution.

Agency.

In the widening areas of commerce and increase of wealth throughout the world the law of agency has grow n apace. In a broad sense the relation exists where one person authorizes another to act for him or in his stead. I t involves the general principle Qui facit per alium facit per se—He who acts through another acts himself. In dealing w ith the subject it is necessary to study the means of creating the relation of principal and agent, distinction between agent and servant, creation of the agency by appointment, ratification, estoppel or necessity, delegation of authority to sub­agents, liability of principal for acts of agent, personal liability of agent for his acts, powers and liabilities of public agents, m utual duties and liabilities of principal and agent to each other, and te r­m ination of the relation.

Sales.

This im portant subdivision of the law of contracts is treated briefly under th a t head, bu t on account of the enormous increase of

2 0 UNIVERSITY O F NO TRE DAM E.

trade and commerce throughout the world during the las t century i t has outgrow n the modest compass of its former presentation, and several text-books are now devoted specially to it. In study­ing i t the elements of contract m ust be considered primarily, and likewise the s ta tu te of frauds. The distinction between sale and barte r or exchange is explained, likewise the need of acceptance as well as delivery in the transfer of things sold, the sale of chattels specific and no t specific, the nature of and distinction between con­ditions and w arranties, stoppage in transitu , rights of unpaid sellers against goods sold and transferred, effect of illegality, pay­ment and performance of contract, and the like.

Bailments and Carriers.This is a very practical branch of the law and necessarily in

constant application throughout the country. Our law of bail­ments comes from th a t g rea t world source of legal wisdom, the Civil or Roman law. The several kinds of bailments, excluding the mutuum, are as accurately and clearly classified in the Institu tes of Justin ian as in Coggs vs. Bernard, Ld. Raym. 909, or any of the recently ^published text-books. Indeed, we still use the Roman term s in designating them, as depositum, m andatum , commo- datum , pignus and locatio. Whenever a person commits the care of o r loans an article of property to another, or in trusts its use to him for hire or w ith a view to having i t carried to some other place, a bailment is created, such person becoming a bailor and the recipient a bailee. Carriers comprise all who make a business of carrying goods and passengers for hire, whether they be railroad or steam boat companies, the owners of ships or city trucks, draymen or stage coach proprietors. They are liable as insurers of the goods delivered to them for transportation , and the same is true regard­ing the responsibility of innkeepers for the goods and effects of guests intrusted to their care as bailees. A few of the chief sub­divisions are delivery and acceptance, distinction between bailment and sale, subjects of bailment, liability of bailee under special con­trac t, degree of care necessary, denial of bailor’s title estopped, a sale if ownership change to bailee, w h a t may be pledged, interest of pledge assignable and subject to judicial sale, paym ent and rede­livery, the hiring of services or chattels, rights and liabilities of warehousemen, forwarding merchants, wharfingers, safe deposit companies, agisters, factors, innkeepers and carriers.

Insurance—Fire, Life, Accident, Marine.

The origin of insurance is involved in obscurity, although the principle as applied to individual or private risks was evidently known in ancient times. At any ra te i t existed as a definite sys­tem as applied to shipping or maritime risks during the Middle Ages. Fire and life insurance came very slowly into use, and not earlier than the las t century did i t take definite shape under sanction of the law. ̂ Since then insurance companies of m any kinds have been organized, and a person m ay now insure against loss or injury by accident, dishonesty or negligence on the p a r t of employes

L A W D E PA R T M E N T . 2 1

or others, nonpayment of rents or debts, bankruptcy or insolvency of debtors, failure of title in the purchase of land or chattels, dam ­age to or death of live stock, destruction w rought by the elements in extraordinary storms, etc. I t .has usually been a lucrative busi­ness, and hence the steady increase in number of companies and subjects of risk. The chief subdivisions for study are representa­tions, warranties, concealment, premium, form ation of contract, policies of various kinds, subject-matter and insurable interest, double and reinsurance, agency, waiver and estoppel, assignment and change of interest or title, vacancy and repairs, notice and proof of loss, right to repair or rebuild, measure of damages, con­ditions affecting mortgages and subrogation.

Common Law Pleading and Practice.

This subject calls into exercise the student’s power of attention, ability to compare and analyze, accuracy in the relation and sequence of thought, resourcefulness in finding and tak ing the cor­rect initiative in the theory to be adopted, and skill in the logical development and establishment of the theory, plan and facts in the case. I t is impossible to find a better system of logic and practice in close reasoning th an is afforded by the study of common law pleadings. Moreover, these pleadings as developed through several hundred years of use and practice may be said to underlie the code and other forms of pleadings more recently adopted. Hence the common law system of pleading and practice is taken up primarily a t Notre Dame. The subdivisions studied are here indicated in p a r t : Courts and jurisdiction, capacities and disabilities of parties, threefold division of actions—real, personal and mixed—personal actions ex contractu or on contract, as assumpsit, debt, covenant and account; personal actions ex delicto or to rt, as case, trespass, detinue, replevin and tro v e r; the summons or capias to begin the action, and then the declaration, plea, replication, rejoinder, surre­joinder, rebutter and surrebutter; also, the demurrer, pleas in abatem ent or in b a r and the several kinds of m otions; likewise, quo w arran to , habeas corpus, scire facias, garnishment, a ttach­ment and ejectment in the real, mixed and sta tu to ry actions and forms of procedure; arb itration and award, certiorari, prohibition and mandamus, tria l and development of the facts under the evidence, instructions of the court and verdict of the jury, grounds of motion for a new trial, entry of judgm ent on the verdict if motion be refused, and then appeal on claim of error to the court of review or supreme court.

22 UNIVERSITY O F N O TR E DAM E.

THIRD YEAR,[Each subject 5 hours a week until finished.] Robinson’s Elements o f American Jurisprudence.

Equity Pleading and Practice.Pleading In courts of equity or chancery is less technical and

complicated th an a t common law. I t is marked by greater fulness and clearness of statem ent. We may divide equity pleadings into the bill, disclaimer, plea, answer and replication; also, the demurrer. The bill, answer and replication commonly set forth and join issue on the disputed facts and lead in importance. The bills are classi­fied as original and n o t original. Again, they pray relief or do not pray relief. The original bills praying relief are those claiming rights of com plainant in opposition to defendant, or the class of bills customarily in litig a tio n ; also, bills of interpleader and bills of certiorari. The original bills no t praying relief are those to perpetuate testimony, de bene esse and for discovery. The bills no t orginal comprise as a continuation of those just named the supple­mental bill, the bill of revivor and the bill of revivor and supple­ment. The bills no t original are regularly intended for purposes of cross litigation, or to controvert, suspend, reverse or carry into execution a decree of court. They are the cross-bill, the bill of review, bill to impeach a decree for Iraud, bill to suspend or avoid execution of a decree, bill to carry a decree into execution, bill in nature of bill of review, bill in nature of bill of revivor, bill in nature of supplemental bill, and supplemental bill in nature of bill of review. The bill is said to contain nine parts, although seldom having more th an five or six. They are the address, introduction, premises or sta ting part, cbnfederating part, charging part, aver­m ent of jurisdiction, interrogating part, prayer for relief and prayer for process. I t is shown in the course of instruction th a t no com­plainant can sue in equity unless the common law fails to afford adequate relief. If he seek damages he m ust sue in a common law court. Nor has equity anything to do w ith criminal m atters. I t has no ju ry trials. The chief subjects of litigation in equity are comprised under the general heads accident, fraud, mistake, specific performance, trusts, injunctions, the reforming of instruments and infringement of patents and copyright.

Code Pleading.This system is followed, w ith s ta tu to ry modifications, in three-

fifths of the states. And in Great B ritain i t w as adopted in the main under the Judicature Acts of 1873 and 1875. I t had its origin in New York, ousting and tak ing the place of equity and common law pleadings. The commission to act in the m atter began the w ork of codification under the C onstitution of 1846. B ut i t required several years to complete the codes of civil and criminal procedure. I t w as provided th a t there should afterw ard be no distinction between legal and equitable remedies and th a t the

L A W D EPA R TM EN T. 2 3 ,

common law forms of action should be abolished. The new method was shaped chiefly in accordance w ith equity procedure, for which it was substituted. One form of action was prescribed for all classes of cases, whether of a legal or equitable nature. The plead­ings were greatly reduced in number and designated the complaint or petition, answer and reply; also, the demurrer. A rule was adopted requiring them to be concise and framed in language clear, intelligible and easily understood. The new method was regarded as a necessary reform in the interest of justice and widely adopted, especially in the new states. Since then, however, so many s ta tu ­to ry revisions have been made and so many rulings of the courts leading to divergences have entered into i t th a t i t is now hardly less free from doubt, uncertainty and technicalities than the old system. At any rate, it appears to be easier to determine on the old lines whether one has a good cause of action. Moreover, the states th a t retained the common law pleadings show no disposition now to change to the code. And the same is true of the Federal courts. I t is comparatively easy for a lawyer familiar w ith com­mon law and equity pleadings to accommodate himself to the practice of a code State, but no t so where a lawyer of the la tte r undertakes to practice under the old system, although the general principles are the same. At Notre Dame all the ordinary systems of pleading are taught, and a diligent student ought to be able readily to qualify himself for practice in any State.

Evidence,

This is an exceedingly im portant subject. I t comprises the body of approved rules under which the relevant facts in issue on tria l m ay be introduced and submitted for im partial consideration to the court or judge and jury. I t is the means by which proof is established. I t is virtually the same under the code, a t common law, in equity and under the criminal law , as well as before arb itra­tion boards and legislative bodies. Its fundamental propositions are conclusive. Its four chief canons are thus s ta te d : 1st, the evi­dence m ust correspond to the allegations and be confined to the point in issue; 2d, i t is sufficient if the substance only of the issue be proved; 3d, the burden of proving a proposition or issue lies on the p arty holding the affirmative; 4th, the best evidence of which the case in its nature is susceptible must always be produced. A thorough knowledge of evidence is a necessary equipment of a tria l lawyer. I t is made the subject of exhaustive study a t Notre Dame and applied regularlv in moot-court practice. Mention may be made of a few of the topics th a t, w ith their subdivisions, m ust be carefully studied in dealing w ith i t ; the grounds of belief, i t is easier and more natural to be truthful th an to lie, things judicially noticed, presumptions of law and of fact, substance of the issue and relevancy, res gestae and burden of proof, hearsay testimony, m at­ters of public and general interest, dying declarations, declarations against interest, confessions and admissions, evidence excluded on grounds of public policy, testimony of witnesses, their capacity and impeachment, records and judicial writings, experts and hand­writing.

2 4 UNIVERSITY OF NOTRE DAME.

Damages*

As litigation is conducted primarily in common law courts w ith a view to the recovery of damages, the subject may fittingly be taken up after pleadings. The ultim ate aim from the service of the sum­mons to the levy of the w rit of execution is to secure redress for the w rong alleged. Some reasonable rule is necessarily sought as a means of estim ating or measuring the damages to be awarded. But little difficulty is encountered where a note, debt or claim for a specific am ount is involved, for here a case of liquidated damages, so to speak, is presented, and full compensation is readily decided upon as the proper remedy. Otherwise, however, where the damages are unliquidated, leaving the measure or true am ount to be ascertained by a careful examination and analysis of the evi­dence. Among the chief subdivisions for study are the theory and nature of damages, definition and classification, lawful and unlaw­ful conduct, nominal and compensatory damages, exemplary or punitive damages, commercial paper and interest, province of court and jury, damages for nondelivery, nonacceptance or conversion of goods, nonpayment and breach of w arranty , refusal of carriers to tran spo rt goods, injury in transit, loss or delay, consequential damages, injuries to passengers, failure to carry to destination, actions for damages against telegraph companies, ordinary and cipher messages, breach of m arriage promise, damages for death by wrongful act, damages for wrongs affecting real p rrperty , including w aste and nuisance.

Bills, Notes and Checks, w ith Suretyship and Guaranty.

The term commercial paper is often used synonymously w ith the subject stated. I t includes suretyship and guaranty in so many of its phases th a t the order of study indicated has been found satisfactory. Commercial paper enters so largely into business transactions throughout the world th a t a correct knowledge of i t is indispensable. While great diversity exists in the laws bearing upon it, yet a movement looking to its codifica­tion w as inaugurated in 1895, the American B ar Association tak ing the initiative in suggesting it. The British Bills of Exchange Act of 1882 served as model. P rom pt action was taken in the m atte r and in 1897 as many as 15 States and the District of Columbia had agreed to the draft submitted to them. Their agreement resulted in the Negotiable Instrum ents Law. While in no respect radical, yet i t reduces to clear terms and pithv paragraphs the principles of the law merchant. In States th a t have no t yet adopted i t the general law on the subject" must, be studied. So a t Notre Dame, although the Negotiable Instru­ments L aw receiv s due attention. The subdivisions of Bills, Notes and Checks include in brief, Indorsem ents—blank, full, qualified, conditional and restrictive; persons signing—drawer, maker, surety and guaran to r; contractual liabilities—drawer, drawee, acceptor and indorsers; acceptor’s estoppels—cannot deny existence of signature of drawer, capacity to draw and sufficiency of funds on hand to pay; indorser’s estoppels—cannot deny genuineness or

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validity of paper, good title or capacity of prior pa rtie s ; conditions of liability of drawer and indorser—due presentment for acceptance, demand of payment, protest and notice of dishonor, bu t these steps excused by overruling circumstances, no funds in drawee’s hands, or waiver of protest and notice; to constitute a bona fide holder— good faith, in hand before m aturity, valuable consideration, taken in usual course of business and w ithout notice of defects; defenses —incapacity of parties, illegal consideration and w an t of consent; certification of check makes bank principal debtor, discharges drawer and gives it the credit of cash. Suretyship signifies the obli-

* gation assumed by one who binds himself primarily w ith the principal for the performance of the undertaking or paym ent of the debt into which the principal enters, while a guaran ty is an under­taking by a person th a t if the one primarily liable to perform a specified obligation fail to do so he will himself be answerable for the default.

Equity Jurisprudence,

This branch of study is highly im portant. Moreover, i t is fasci­nating in the harmony and impressiveness of its principles. I t comes to us from the Roman law. At an early day the common law was so harsh and inflexible in its rules th a t it often failed in justice or fell short of reaching many cases. I t was anomalous and uncouth in many respects and adapted only to a rude sta te of society. The kings were frequently appealed to for the redress of wrong when the law failed to afford relief. Some were too young to act in person and others were warlike and comparatively illiterate. Under such circumstances, they were naturally averse to take unaided action upon the petitions submitted to them, and they called to their assistance ecclesiastics held in high respect and learned in the Roman law, the m ost advanced and perfect system of jurisprudence then known to mankind. The prelates thus chosen by the kings to represent and act for them on m atters affecting con­science, right and justice were, invested successively w ith the dignity and title of lord high chancellor. The care of the great seal was intrusted to them, and they became “ keepers of the king’s conscience,” so th a t they might act as conscientiously as he should in the light of their religious training and legal learning. They were also to act w ith some measure of royal grace and favor, as the terms of even present pleadings in equity clearly show. In this capacity 160 of them served in successive order prior to the refor­m ation in the 16th century. In passing upon the petitions referred to the throne and submitted to them they applied the rules of the Roman law, as refined by philosophy, together w ith m oral precepts from the Bible, aiming to redress wrongs and do justice where the common law failed to afford relief. And little by little the common law yielded and accommodated itself on many points to the prin­ciples of equity as thus elucidated and expounded. The statu tes also followed equity in several particulars, superseding the common law. Thus equity grew steadily in favor and became permanently established as a p a rt of our jurisprudence. Its principles are as distinctive under the code as where the common law system of

2 6 UNIVERSITY OR NOTRE DAME.

pleading obtains. I t searches the conscience and follows fraud and injustice into all the ramifications of hum an affairs B ut i t cannot be invoked for aid where the common law is adequate to g ran t relief. I t is only in cases where a proper remedy cannot be had a t law th a t equity consents to take jurisdiction. I t is now so well established even in Great Britain, notw ithstanding Blackstone’s animadversions, th a t the Judicature Act specifically provides th a t in case of conflict between its provisions and those of the common law the former shall prevail.

Wills, Executors and Administrators.

The word “ will ” signifies the disposition of property to take effect after the te s ta to r’s death. The w ord testam ent has a like meaning in the Roman law and is accepted as the proper name in such case in the countries of continental Europe and South America, whose basic jurisprudence is derived from th a t source. The word “ w ill” is more commonly used in the United States, Great Britain and its possessions, although “testam ent” is often used in referring to the disposition of personal property. When intended to convey a present estate, though possession be retained until after death, the instrum ent of conveyance is a deed; bu t when the interest specified is no t to accrue until after death, the instrum ent thus disposing of*it is a will. The right to devise and to bequeath property is governed wholly by statu te . A will is am bulatory and may be modified or revoked a t any time before death, bu t once title takes effect under a deed the g ran to r has no further power over it. An executor is a person named in the will to" represent and follow the intention of the te s ta to r in giving effect to its terms. N ot only m ust the will be probated in court, bu t he m ust qualify there also and receive letters testam entary before he can lawfully act. An adm inistrator is one appointed by the court to administer and settle the estate of the deceased, as where he dies in testate or w ithout leaving a will, or dies testa te w ithou t nam ing an executor. Such personal representative acts in accordance w ith the provisions of the s ta tu te and advice of the court The utility and practical nature of this extensive branch of the law may be regarded as self-evident, and hence i t m ust be carefully and diligently and ought to be exhaustively studied.

Constitutional Law.This is the organic or fundamental law of our countrv. The

Federal Constitution contains seven articles and 15 amendments. I t went into effect March 4, 1789, and w as the first of w ritten constitutions. Even to this day the British constitution is unw ritten. The Federal Constitution is the instrum ent by virtue of which the National Government exists, possessess powers and exercises functions ap a rt from the states. I t was adopted by the people, acting through their states, and sustains comparison to a charter creating and conferring power upon a corporation. As i t is a g ra n t of power the government has no more authority to

LAW DEPARTM ENT. 2 7

act beyond its scope than a corporation would have to act and make contracts in excess of its franchises. Whatever the corpora­tion might thus do would be u ltra vires and there is no good reason why the same rule should not apply to the government, w ith the difference th a t the act of the corporation Is an indefensible usurpation and violation of duty to the state, while the act of the government is a violation of law and duty to the people, no t less th an an invasion of their fundamental rights. I t is a dangerous exercise of usurped power in either case and tends to the sub­version of law and the destruction of constitutional government. The courts would have no alternative but to take substantially this view if only the express terms of the constitution or charter were in question, bu t the implied powers give rise to doubt and controversy. These are within the scope of the general provision th a t all powers necessary to carry into effect the express powers are implied and may be constitutionally exercised, Wthin th a t broad license, which w ithout other qualifications is the danger point in our organic law, many of the m ost momentous acts in our h istory have been accomplished. Possibly m ost of the functions of government are exercised within the sphere of these powers. I t m ust nevertheless be remembered th a t constitutional government ends a t the point where these powers exceed the purposes and objects of the organic law. All powers no t granted to the Federal Government by the constitution remain in the people, and the s ta te constitution, which comes nearer to them in their local concerns, is a lim itation upon the exercise of power by the legislature, and not a grant. Local self-government is an essential feature of our political system. The study of constitutional law is exceedingly interesting and instructive Moreover, no lawyer can fairly be considered great in the profession w ithout having a thorough knowledge of -it. A student ought to learn the constitution by heart. I t is sought a t Notre Dame to have young men make an exceptionally thorough study of it.

International Law*

A knowledge of the law of nations is an indispensable p a r t of a liberal education. Young men generally, as well as law students, ought to familiarize the msel ves w ith its principles. In the diplomatic service and journalism it is particularly aidful. I t is no t a difficult study. In harmony w ith the general principles of law and equity, i t m ay be considered a grow th in the same lines. Like the law of the land, i t is conventional and customary, or w ritten and unw rit­ten. The former consists in treaties, compacts, conferences, the formal agreements of international congresses, etc. The la tte r embodies those usages which the continued habit of nations has sanctioned for their m utual interest and convenience. Customs lawful and innocent are binding on the nations th a t adopt them, while customs unjust and in violation of the natu ra l and divine law have no binding force. International law has high and unselfish aims in the domain of conscience and justice. I t is divided into tw o branches—public and private. The public branch refers to the law of nations in the broadest sense, or the rules of conduct governing

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their intercourse w ith one another as sovereign and co-equal mem­bers of one g rea t international family. Those th a t widely differ from them in civilizing influences and standards of morals are no t received into the family of nations, and hence no t treated as subjects of international law. The family of nations includes the countries of Europe and the colonies established by them through­out the world, now changed in some instances to sovereign and independent nations more populous and powerful th an the mother country. The private branch comprises the local laws of different nations w ith respect each to its claim of exclusive sovereignty, con­tro l of persons and property w ithin its borders and observance of good faith in the comity disposing i t to apply the same rules of protection to the people and property of other countries when traveling or abiding w ithin its jurisdiction th a t such countries observe in the treatm ent of its citizens and their property under like circumstances. The term conflict of laws instead of private inter­national law, is generally applied to the class of cases coming under this head. Of these mention m ay be made illustratively of m arriage and divorce, b irth and legitimacy, contracts and their enforcement, bills and notes, pending suits and judgments, assignments by insol­vents, conveyances and in testate estates, etc. Some of the subdivisions of public international law m ay also be mentioned to indicate more clearly the line of dem arcation: The several kinds of unions of states, recognition of belligerency, effect of change of sovereignty upon public and private rights and obligations, funda­m ental rights and duties of states, modes of acquiring territo rial property, rivers, lakes, bays, gulfs, s tra its and m arginal waters, vessels of w ar and merchant vessels, public diplomatic agents, right of asylum and extradition, aliens and their exemption from m ilitary or naval duty, letters of marque, privateers and pirates, naturalization and allegiance, mediation, arbitration, and measures of restrain t short of w ar, causes, pretexts and kinds of war, eflects of w ar on persons and property, m ilitary occupation and postli­minium, means of carrying on hostilities, enemy character and non- hostile relations, prisoners of w ar, peace and neutrality, contra­band goods, visit and search, right of angary, blockade and ship’s papers.

POSTGRADUATE YEAR,[Each subject 4 hours a week until finished, and 10 hours

weekly for review.]

T he State and Federal Courts and their Respective Functions.A study of courts, bo th of law and equity, is aidful to the

acquisition of a practical knowledge of the more difficult subject of pleadings. Places lawfully established for the adm inistration of justice, they are the temples of the law, and those licensed to serve in them should do so w ith due reverence and a solemn sense of responsibility. While thorough instruction is given in respect to the courts and methods of tr ia l in Great B ritain and on the

LA W DEPARTM ENT.

continent of Europe, yet our own judicial system, both S tate and Federal, is even more specifically described and explained, and no doubt or obscurity regarding it is permitted to linger in the mind. I t is shown how the courts are divided into many branches, w ith distinctive names, when the volume of legal business is great and so demands, as in the larger cities, while a single court under one name may dispatch as many kinds of business where the volume is smaller and the jurisdictional area less populous. The S tate tria l courts find the courts of review or supreme courts and their functions are fully described, while the Federal Supreme Court and subordinate tribunals, as circuit courts of appeal, circuit courts, district courts and even commissioners’ courts, receive becoming attention and explanation. The procedure on appeal or w rit of error to the Supreme Court, S tate and Federal, is likewise fully elucidated.

T h e Rom an Law*

This g reat system is the basis of the laws of more th an three- fourths of the civilized nations of the world. Its importance and practical utility can hardly be realized unless i t be studied attentively, earnestly and analytically. Thus studied, it is discovered to be a rich mine of legal lore. Its principles seem to shed light on all the ways to which human energies are directed in the evolution of affairs. So striking is this fact th a t there need be no hesitation in stating th a t i t would be almost as helpful to a beginner in the law to study the Institutes of Justinian as Blackstone’s Commentaries. I t may be said indeed th a t the Commentaries command much of their favor through adherence to the plan and use of the m atter of the Institutes and Pandects. Following are the chief subdivisions comprised in the course of study a t Notre Dame: Origin and grow th of the Roman law, the jus civile, the X II Tables in substance, the Roman family and gens, patricians and plebeians, consular government, laws relating To contracts, succession, property, injuries, etc., jurisdiction of praetor, acquisition of property ex jure gentium, the imperial system, relation of the senate to the emperor, the praetor and ju rists’ responses, constitutions of the emperor, stoic theory of natural law as an element of jurisprudence, definitions and maxims, changes w rought in law and government through the influences of the oriental provinces, au thority of the- Christian clergy and relation of church to state, study of the Roman law throughout the civilized world, common and s ta tu to ry law, public and private law, jus personarum — law of persons, jus rerum —law of things, obligations — ex contractu and delicto, jus actionem—law of actions or civil remedies and procedure.

T h e L aw of Admiralty.

This law originated in the needs of commerce and the usages of merchants a t a time so remote in antiquity as to be lost in obscurity. The shipping interests and commercial activities of peoples inhabiting the shores of the M editerranean sea, such as

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the Rhodians, Greeks, Egyptians, Phoenicians, Carthaginians and others were developed to a notew orty extent a t the very dawn of authentic history, and even when legend and history were so indiscriminately commingled th a t fiction and tru th had about equal control of popular credence. Like other branches of the law, i t has grow n and is still growing in the line of its recognized principles and adapting itself to new or changed conditions throughout the world. In studying the subject the student deals w ith the nature and extent of its operation in the United States, cognizance of cases arising under i t in the Federal courts, contracts and wages of seamen, to rts and damages, employment of pilots, seaworthiness and deviation, b a rra try and illegal traffic, perils of the sea and proxim ate cause of loss, abandonm ent and valuation, subrogation of insurer, bottom ry and respondentia, supplies and and repairs, necessaries furnished in foreign ports, liens on foreign and domestic vessels, tow age service and responsibility respec­tively of tug and tow in collisions, incidents of service and elements of compensation in salvage, contracts of affreightment and charter parties, bill of lading and its negotiability, harbors and docks, piers and bridges, doctrine of imputed and contributory negligence, rules as to lights and signals in fair and foul weather, colors and places of lights and duties of lookouts for the prevention of collisions, rules to be observed by steamers and sailing- vessels in meeting and passing each other, wrecks and derelicts, damages for collision, vessels transferred by bill of sale as personal property, adm iralty procedure similar to th a t of Roman law and quite simple, comprising the libel and process, defence and trial, evidence, decree and appellate procedure.

Mines# Mining and W ater Rights.

This branch of the law demands the diligent and discriminating study of those who intend to reside in the Rocky M ountain and Pacific Coast States, although mining for coal, copper, iron, lead, zinc, etc., n o t to mention gold and silver, is carried on here and there in a m ajority of the States of the Union. In the far Western States, however, as well as in Mexico, the British Possessions and Alaska, i t is an especially im portant, if n o t a leading branch of in­dustry. In certain other parts of the world it has been carried on w ithou t m aterial interruption for 20 or 30 centuries. The regalian ownership of minerals is generally recognized in monarchical countries, and title resides in the crown, which exacts a certain per­centage of the ores mined or a compensatory tax . Under the laws of Athens 1-24 was taken by the government, while in the countries subject to Rome 1-10 had to be paid. In our own country how­ever, the regalian right does n o t exist. The miners of California led in the adoption of the main principles of the mining laws of Spain and Mexico, which make the prim ary righ t of property depend upon discovery, location and development. All mineral lands of the United States are free and.open to exploration and occupation, subject to the rules and customs of miners. In other words, the customs of miners constitute a p a r t of the common law, as do the customs of merchants, bu t they yield to and are supplanted by

LAW DEPARTM ENT. 31

s ta tu to ry enactments to the contrary. The range of study may best be indicated by the mention of some of the leading subdivi­sions : Whence we derive the mining laws, provisions of the civil and the common law on the subject, location and necessary annual w ork in establishing mining claims, notable differences between American and foreign mining laws* insufficiency of the act of 1866 and enactment and provisions of th a t of 1872, exclusion of Chinese, general outline of S tate statutes, miners’ rules no t judicially noticed and requiring proof, hydraulic and placer mining, petroleum and natural gas treated as mineral and p a r t of the soil, locations on Indian reservations void, land in forest park reserves no t deemed public, known mines and minerals excepted from agricultural patents, lode claims no t to be over 1,500 feet in length and 600 feet in w idth, individual placer claims not to be over 20 acres and corpo­ra tion or other such claims not to exceed 160 acres, tunnel claims and manner of locating them, w ater rights and kindred easements, mill sites must be used for mine or mill, percolating and under­ground waters distinguished, proceedings to validate claims and secure patents, legal forms under the mining laws.

Copyright, Patents and Trademarks.

This branch of the law, like the preceding subjects of mining and admiralty, is somewhat technical and out of the current of ordinary legal studies. The utility of these subjects depends largely upon the domicile of the learner. Mainly for th a t reason they are placed in the postgraduate year, so th a t 'the undergraduate stu­dents may be left free to devote their time to subjects coming more directly w ithin the sphere of the general laws. Nevertheless, any of these studies may be taken up, in addition to those of the undergraduate years, by students who can spare the time to pursue them. While it is to be hoped th a t they m ay be taken in the regular order by postgraduates, yet^ they may be chosen optionally and followed to completion by any students who consider them necessary in preparing for practice. Postgraduates are, unfortunately, never numerous in the law schools of the country, and hence the subjects indicated are placed in the year in which they are least likely to be embarrassing. A copyright secured through the Librarian of Congress gives authors and publishers the exclusive right of printing, publishing and selling their literary compositions or books or multiplying copies of w h at they have w ritten or printed. A paten t protects the inventor^ of a new and useful article of improvement in the exclusive rig h t' for a certain period to make and vend the same. A tradem ark is a word, m ark or device adopted by a manufacturer or vendor to distinguish his goods from others of the same kind. These m atters are treated briefly, although perhaps fully enough for the ordinary student, under the head “ Personal P roperty .”

Trusts and Trustees*This is an interesting and instructive topic. While dealt w ith

in brief under the head of “ Equity Jurisprudence,” it is nevertheless

3 2 UNIVERSITY O F NOTRE DAME.

too im portan t and practical to be thus summarily dismissed. A trustee holds a position of g rea t responsibility and involving con­fidence in a high degree. His motives and acts in the discharge of the functions of his tru s t are im partially searched under the rules of equity by the trained conscience of the chancellor. The course of study comprises these subdivisions: Origin and classification of trusts, trustees and beneficiaries, tru s t property w ithin and beyond the jurisdiction, tru sts executed and executory, express and implied trusts, constructive and resulting trusts, nature and characteristics of tru s t estates, tru sts from powers, trustees ex malefieio, accept­ance or disclaimer and removal of trustees, perpetuties and accumu­lations, deposit and conversion of tru s t funds, investments and interest, choses in action and reduction to possession, rights of married women under sta tu tes and separation deeds, trustees for married women and infants, trustees of freeholds and dry trusts, life tenan t and remainderman, trustees for paym ent under will and their powers, assignments for creditors, tru sts for charities, cy pres doctrine, trustees to sell, application of moneys received, rights and remedies of cestui que tru st, laches and s ta tu te of limitations, com­pensation of trustee, pleadings, actions and costs, term ination of trust.

Interpretation and Construction of Statutes.

This is a useful and practical branch of the law. I t is alm ost as aidful to the law yer in the deeper and more analytic lines of his work as the law of evidence is in jury trials. I t furnishes a key to the interpretation or correct understanding of the statutes, gives emphasized signifficance to the wording of contracts and legal instruments, and makes i t easier to construe the reported opinions of the courts, separating readily the dicta from the necessary sub­stance. The rules of interpretation came substantially from the Roman law. They and the maxims were translated into English and embodied in our jurisprudence. Among the subdivisions treated under this head may be mentioned : Definition and object of inter­pretation, in tent to be sought, office of the judiciary, retrospective operation avoided, m andatory and directory provisions, popular and technical meaning of words, casus omissus and equitable con­struction, stric t and liberal construction, rejection of surplusage, presumption against unconstitutionality, general terms following special, express mention and implied exclusion, reddendo singula singulis, permissive, m andatory and directory statu tes, adopted and re-enacted statu tes, title, preamble and context of statu tes, to be construed as a whole, admissibility of extrinsic aids, sta tu tes in pari materia, contem porary construction and usage, construction w ith reference to the common law. sta tu tes regulating procedure, construction of amendments and declaratory acts, the nature and force of precedents, construction of sta tu tes of other States. Federal courts following S ta te laws and decisions in S tate m atters.

Statutes of State of Domicile and Federal Statutes,

I t is out of the question to attem pt to study the statu tes in

LAW DEPARTM ENT. 3 3

general. On some subjects they harmonize in certain States or groups of States, while on others there is the widest discordance. No tw o States can be said to be exactly alike in their s ta tu to ry enactments. Moreover, the statu tes are constantly changing in accordance w ith the varying needs or legislative caprices of the different States. No lawyer or court takes voluntary cognizance of these changes No court passes the boundaries of its own S tate in taking judicial notice of the statutes. And only its own public sta tu tes and the Federal come within the rule. The public statu tes of a neighboring State must be pleaded and proved as carefully as its own private statutes. The common law presumably exists in other States unless the contrary is shown. Neither student nor lawyer is required to go farther than the court in this regard. He is no t bound to know the statu tes of any S tate other than his own. To a ttem t to go farther would be useless, confusing and embarrassing. They are so diverse th a t it would be impracticable to undertake to deal w ith them before a class comprising students from different States. Hence the study of them is left under advice and supervision very largely of the students themselves. Each is urged to procure and have w ith him for study in the postgraduate year the statu tes of his own State.

Powers and Functions of Masters in-Chancery, Referees Sheriffs Coroners, Justices of the Peace# United States Com­

missioners, Arbitrators and Receivers.The course of instruction a t Notre Dame comprises a careful

study of the official acts, powers and duties of public officers, such as those named. L aw students ought to know the general nature of their duties and how they should qualify. I t is no t a difficult branch of study and ought no t to be neglected.

MONTHLY THESES.I n a d d i t i o n to t h e r e g u la r o r d f r o f e x e rc i s e s in d i ­

c a te d in t h e p r e c e d i n g p a g e s e v e ry s t u d e n t is r e q u i r e d to w r i te m o n t h l y a th e s is o f a t l e a s t 15 p a g e s o f leg a l cap , o r n in e such th e s e s e a c h a c a d e m ic y ea r . T h e s e th e s e s m u s t sh o w n o t o n ly o r i g in a l i ty a n d re se a rc h , b u t a lso a c c u r a c y a n d c r e d i t a b le s c h o la r s h ip in c o m p o s i t io n . W h e n f in ished m o n t h b y m o n t h t h e y m u s t be s u b m i t t e d to t h e F a c u l t y fo r e x a m i n a t i o n a n d a p p r o v a l . P r io r to C o m m e n c e m e n t in th e fo l lo w in g J u n e t h e y a re r e tu r n e d to t h e w r i te r s . T h u s th e t im e a n d t h o u g h t b e s to w e d u p o n a n d th e a u th o r i t i e s c i t e d in t h e m can be m a d e a v a i l a b le in s u b s e q u e n t rev iew , if n o t as g u id e s in a c tu a l p r a c t i c e to p e r t i n e n t cases in t h e r e p o r t s .

3 4 UNIVERSITY OF NOTRE DAME.

T h e th e s e s for t h e a c a d e m ic y e a r 1903-4 d e a l w i th t h e s u b je c t s fo l lo w in g :

1. A l i e n s a n d N a t u r a l i z a t i o n L aw s.2

34S'u.6789

L e g a l S ta tu s o f A n im a l s .U n i n c o r p o r a t e d o r F r a t e r n a l S o c ie t ie s .J u d i c i a l a n d M in i s te r i a l Officers.T a x a t i o n a n d A s s e s s m e n t s .E m i n e n t D o m a i n a n d P o l ic e Pow er .C onf l ic t o f L aw s.E x t r a o r d i n a r y L e g a l R e m e d ie s .In ju n c t io n s , E s t o p p e l a n d S t a t u t e o f L im i t a t i o n s .

T h e to p ic s s e l e c te d fo r th e se s in t h e a c a d e m ic y e a r 1904-5 c o m p r i s e :

1. L a w in I t s O r ig in a n d G ro w th , I n c l u d i n gC o m p a r a t i v e J u r i s p r u d e n c e .

2. T h e M a x i m s o f E q u i t y a n d t h e i r A p p l i c a t i o n .3. T h e S t u d y o f F o r m s , w i th E x a m p l e s in P l e a d ­

ings , C o n t r a c t s a n d C o n v e y a n c in g .4. T h e L a w o f N o t i c e a n d W a iv e r .5. L a n d l o r d a n d T e n a n t .6. C o n d i t i o n a L S a le s a n d C h a t t e l M o r tg a g e s .7. I n t e r s t a t e C o m m e rc e .8. B a n k s a n d B a n k in g .9. B a n k r u p t c y a n d I n s o lv e n c y .

T h e th e s e s fo r t h e a c a d e m ic y e a r 1905-6 w il l t r e a t o f t h e s e s u b j e c t s :

1. R e m e d i e s A v a i l a b l e w i t h o u t L e g a l P ro cess .2. O r g a n i z a t i o n R e s p e c t i v e l y o f t h e B r i t i s h a n d

t h e A m e r i c a n C o u r t s .3. S u r e t y s h i p a n d G u a r a n ty .4. S e t - o f f , R e c o u p m e n t a n d C o u n te i c l a im .5. M in es , M in e ra l s a n d W a te r c o u r s e s .

LA W DEPARTM ENT. 3 5

6. P a te n t s , C o p y r i g h t a n d T r a d e m a r k s .7. S h i p p in g a n d A d m i r a l t y P ro c e d u re .7. L aw s A p p l i c a b le to P e rp e tu i t i e s a n d A c c u m u ­

la t io n s .g I n t e r p r e t a t i o n a n d C o n s t r u c t io n o f S ta tu te s .

I t is s o u g h t to "have s tu d e n t s do as m u c h o r ig in a l w o r k as p ra c t ic a b le , fo r such w o rk t e n d s n o t o n ly to d e v e lo p a n d en e rg ize t h e n a tu r a l p o w e rs o f t h e m in d , b u t a lso to in sp i re se lf -conf idence , a d d i n g a le r tn e s s to i n i t i a t iv e a n d fo rc e fu ln ess to ac t ion . H e n c e i t is t h a t t h e s i s w o rk e n te r s so l a r g e ly in to t h e law c u r r ic u lu m a t N o t r e D a m e .

METHODS OF INSTRUCTION,

T h e f o r g o in g o u t l in e o f th e su b jec ts of s t u d y will e n a b le p r o s p e c t iv e s tu d e n t s to c o m p r e h e n d r e a d i ly th e w id e ra n g e a n d e x c e p t io n a l t h o r o u g h n e s s o f t h e law c u r r i c u lu m .

O n a c c o u n t o f t h e p e c u l i a r ly f a v o ra b le lo c a t io n o f t h e u n iv e r s i t y fo r d i l ig e n t a n d p e r s e v e r in g w o rk , i t is p o s s ib le fo r in d u s t r io u s s tu d e n t s to d o a t l e a s t a f o u r th m o r e in t h e y e a r th a n is e l s e w h e re a t t e m p t e d . T h e •order o f top ic s , h o w ev e r , is n o t a rb i t r a ry . I t is d i r e c to r y r a t h e r t h a n m a n d a t o r y . T h e r e is r e a l ly no d e f in i te b e ­g i n n i n g o r e n d i n g o f th e law. I t is a sea m les s w ho le , -as s t r i k i n g ly r e m a r k e d b y a. l e a r n e d a u th o r i t y , a n d o n e m a y b e g in th e s t u d y of it a t a n y t im e a n d w i th a n y s u b ­j e c t , a n d so m a y h e t e r m i n a t e it. Y e t it s e e m s to be m o r e lo g ic a l a n d h e lp f u l to t h e - m e m o r y to fo l lo w th e o r d e r a b o v e in d ic a te d . B u t s h o u ld it s e e m a d v is a b le a t a n y t im e to c h a n g e a su b je c t f ro m o n e y e a r to a n o th e r , s u c h c h a n g e m a y be m a d e u p o n d u e n o t i f ic a t io n a t th e p l e a s u r e o f t h e F a c u l ty .

Instruction is given, it may be repeated, by means

3 6 UNIVERSITY OF NOTRE DAME.

of text-books, the study of cases, lectures, quizzes in* review, weekly answers in writing to the more difficult questions, monthly theses and moot-court work.

The lecture system, however, appears to be obsolete or obsolescent in most of our American law schools,, while the use of text-books is coming more and more into favor. Indeed, under the rules for admission to the bar in some jurisdictions the applicant must have read a certain number of them before being deemed eligible even for examination.i

Very few students are sufficiently familiar with phonography to follow a lecturer intelligently and com­mit legibly to paper what he says. Unless thus taken down the lecture and the authorities cited in it are soon forgotten. But to have it taken down in full by some one proficient in shorthand, type-written copies of it being subsequently multiplied and sold, would be con­trary to the rules in force where lectures are given, and far more expensive )than a text-book on the same sub­ject. Owing to the general nature of the law, there can be but very little in a lecture that is not already to be found in some text-book or report, which is far the more useful and valuable.

The case system, or study of cases, is the favored method of instruction in several Eastern and some Western law schools. It calls undoubtedly for careful study and analytic reasoning, although not more so.than the examination and choice of authorities in moot-court work. While retarding the progress of students to a. greater extent than do text-books, implying thereby greater thoroughness, it fails nevertheless to present as clear, comprehensive and systematic a view of the law. Moreover, it is a costlier system, so far as books are concerned. The volumes of selected cases requisite for study bear no comparison in utility with text-books, as

LAW DEPARTM ENT. 3 7

v ie w e d w i th re fe re n c e to s u b s e q u e n t office fu rn i s h in g a n d p ra c t ic e . T h e r e is, h o w ev e r , a d u e a p p r e c i a t i o n of t h e rea l m e r i t s of th e case s y s t e m a t N o t r e D a m e , a n d i t is fo l lo w ed as fa r as p r a c t i c a b l e in c e r ta in l ines.

L a w s tu d e n t s h a v e f ro m th r e e to f o u r v re c i ta t io n s d a i l y b a se d u p o n th e t e x t -b o o k s , t h e b o o k s of s e l e c te d cases, th e q u e s t io n s a n s w e re d in w r i t i n g o r t h e s u b je c t s d e a l t w i th in th e le c tu re s . F r o m o n e to two h o u r s a d d i t i o n a l m u s t be d e v o t e d d a i ly to office a n d l i b r a r y w o rk , w h i le fo u r h o u rs w e e k ly a re r e q u i r e d fo r m o o t - c o u r t p ra c t ic e a n d e x e rc i s e s o f t h e law d e b a t i n g so c ie ty . W h i l e th is s o c ie ty a n d th e m o o t - c o u r t o ffe r e x c e p t io n a l o p p o r t u n i t y a n d s t r o n g in c e n t iv e to ac q u i r e r e a d in e s s in d e b a te , f luency in s p e e c h a n d fo rc e in fo re n s ic o r a to ry , y e t m u c h bene f i t m a y be d e r iv e d f ro m a t t e n d i n g th e r e g u la r c lasses in e lo c u t io n a n d o ra to ry .

W h e n a s u b jec t is r e g u la r ly b e g u n in th e law co u rse i t is s t u d i e d a n d k e p t b e fo re t h e class , w i th r e c i ta t io n s d a y b y d a y a t th e s a m e ho u r , u n t i l f in ished. I t is b e ­l i e v e d t h a t in th is w a y th e m in d fo l low s it m o re c lo se ly a n d t h a t i t is b e t t e r u n d e r s t o o d t h a n i t w o u ld be if f r e ­q u e n t l y i n t e r r u p t e d b y th e i n t e r v e n t io n o f o t h e r a n d d i s s im i la r sub jec ts .

UNIVERSITY COURTS.A ll s tu d e n t s a re r e q u i r e d to a t t e n d a n d p a r t i c ip a t e

i n th e e x e rc i se s o f t h e m o o t - c o u r t . S t u d e n t s of th e f irs t y e a r are e x p e c t e d to se rve on ju r ies a n d as w i t ­nesses , w h i le th o s e o f t h e s e c o n d y e a r ass is t t h e sen io rs a n d p o s t g r a d u a t e s in t h e c o n d u c t of t r ia ls . T h e c o u r t is fu l ly o rg a n iz e d , h a v i n g a ju d g e , c le rk , s t a t e ’s a t t o r n e y , sh e r i f f , c o r o n e r a n d r e p o r t e r . P l e a d in g s a re filed in th e c l e r k ’s office, s e rv e d a n d r e t u r n e d b y th e sheriff , b r o u g h t t o an issue w i th d u e f o r m a l i t y b y t h e a t t o r n e y s , a n d th e

3 8 UNIVERSITY OF NOTRE DAME.

t r i a l p r o c e e d s u n d e r th e ru les o f e v id e n c e b e fo re a m e m ­b e r o f t h e F a c u l t y , a c t i n g as ju d g e .

I n a d d i t i o n to t h e m o o t - c o u r t , w h ic h c o r r e s p o n d s t o t h e o r d i n a r y c i r c u i t o r t r i a l co u r t , t h e r e is a fu l ly e q u i p ­p e d c o u r t o f e q u i ty , w i th its c h a n c e l lo r , c le rk , m a s t e r - in - c h a n c e ry , ba i l i f f a n d r e p o r t e r .

T h e r e is l ik ew ise a j u s t i c e ’s co u r t . T h is c o m p r i s e s t h e ju s t ic e o f t h e p e a c e , c le rk a n d c o n s ta b le .

T h e F e d e r a l ju d ic ia l s y s t e m is a lso r e p r e s e n t e d . T h e U n i t e d S t a t e s D i s t r i c t C o u r t , f o r e x a m p l e , has its.

'd i s t r i c t ju d g e , c le rk , d i s t r i c t a t t o r n e y , m a r s h a l a n d r e p o r t e r .

T h e c o u r se o f p r o c e d u r e in t h e s e c o u r ts fo l low s as c lo s e ly as p r a c t ib l e t h e a c tu a l p r o c e d u r e in t h e c o u r t s t h e y r e p r e s e n t . P r a c t i c e is c o m b i n e d w i th t h e o r y in t h e i r w o rk . T h e s t a t e m e n t s o f f a c ts in t h e cases to be t r i e d a re f u r n i s h e d b y t h e F a c u l t y . S t u d e n t s a c q u i r e in th is w a y a k n o w l e d g e o f t h e c u s t o m a r y p r o c e d u r e i n , t h e r e g u la r co u r ts .

THE LAW LIBRARY.T h e r e a re u n d o u b t e d l y in t h e c o u n t r y s e v e ra l l a w

s c h o o l l ib ra r ie s c o n s i d e r a b l y l a r g e r t h a n t h e l ib r a r y a t N o t r e D a m e , b u t i t m a y w e l l b e q u e s t i o n e d w h e t h e r a n y o f t h e m sho w s m o r e c a re in t h e c h o ic e o f b o o k s , o r is b e t t e r a d a p t e d fo r t h e use o f s t u d e n t s . A l l t h e l a t e s t r e p o r t s o f S t a t e a n d F e d e r a l c o u r t s a re on its shelves,, a n d n o d i f f icu l ty is e x p e r i e n c e d a t a n y t im e in f in d in g t h e cases n e e d e d fo r r e f e r e n c e , th e s i s w r i t i n g a n d m o o t - c o u r t w o rk . A g r e a t l ib ra ry , w i th a c r o w d i n g l y l a r g e a t t e n d a n c e o f s t u d e n t s — to o m a n y to b e p e r s o n a l l y k n o w n b y o r h a v e p e r s o n a l a t t e n t i o n f ro m th e F a c u l t y — m a y o f t e n be less a v a i l a b le f o r u se o r a c c e s s ib le t h a n a c o m p a r a t i v e l y s m a l l o n e . I t h a p p e n s s o m e t i m e s in su ch ca ses t h a t 20 o r m o r e s t u d e n t s a r e f o u n d v a i n l y

LAW DEPARTM ENT, 3 9

s c r a m b l in g a t t h e s am e t im e to secu re p o sse s s io n o f a p a r ­t i c u la r r e p o r t o r t e x t -b o o k . S uch e x p e r i e n c e f o r t u n a t e l y d o es n o t fa ll to th e lo t of th e y o u n g m e n s t u d y i n g a t N o t r e D a m e . N o t o n ly all th e l a t e s t r e p o r t s , b u t l ik ew ise th e l e a d in g t e x t -b o o k s , a re to be fo u n d on th e l ib r a r y she lves .

T h e bo o k s m a y be r e a d in t h e l ib ra ry o r u s e d In m o o t - c o u r t tr ia ls , b u t m u s t n o t be ca r r ied to p r iv a te ro om s , n o r h i d d e n in d esk s . T h is ru le is r ig id ly e n ­fo rc e d b y th e l ib ra r ian . I t is i n t e n d e d fo r th e a d v a n ta g e a n d to f a c i l i t a te th e w o rk of th e s tu d e n t s in c o m m o n , fo r all h a v e a r i g h t to fee l r e a s o n a b ly c e r ta in t h a t w h e n a b o o k is n e e d e d i t can be fo u n d in th e l ib ra ry . T o sea rch d esk s o r call a t p r iv a te ro o m s to in q u i re fo r i t w o u ld in v o lv e u n w a r r a n t e d loss of t im e , n o t to m e n t i o n i ts v io la t io n o f a f u n d a m e n t a l p r in c ip le o f law i tse l f— e q u a l i t y in th e s h a r in g of a c o m m o n r ig h t o r p r iv i leg e . T h e l ib ra r ia n is c h a rg e d w i th th e d u t y o f t a k i n g ca re o f t h e b o o k s , m a i n t a i n g s i lence a n d g o o d o r d e r a n d a id in g th e s tu d e n t s in t h e i r p o ss ib le q u e s t fo r n e e d e d v o lu m e s in t h e l ib ra ry . T h e n u m b e r o f b o o k s o n its she lves m a y be e s t i m a t e d a t 3,500, b u t so c a re fu l ly h a v e t h e y b e e n s e l e c te d t h a t t h e y m a y be sa id to su rp ass in p r a c t i ­ca l u t i l i t y m a n y l ib ra r ie s tw ice as la rge . I t ad jo in s th e law l e c tu r e ro om . I t is o p e n p r a c t i c a l l y a l l d a y a n d u n t i l 9:30 o ’c lo c k a t n ig h t . T h e l i g h t a n d v e n t i l a t io n a re e x c e l le n t , a n d s tu d e n t s find i t a v e r y w h o le s o m e a n d c o m f o r t a b le p la c e in w h ic h to s tu d y .

In addition to the law library, the general library of the University is open likewise at all reasonable hours to law students. It contains about 35,000 volumes, to­gether with the leading magazines and other current publications.

The library privileges are on a generous scale, and students are not specially charged for making proper

4 0 UNIVERSITY OF NOTRE DAME.

use o f t h e b o o k s , a l t h o u g h o th e rw is e if a b o o k be lo s t o r in ju re d th r o u g h n e g l ig e n c e .

BOOKS FOR RECITATION AND CLASS WORK.T h e b o o k s u sed as t h e b a se s fo r r e c i t a t i o n in class

w o rk a re c h o s e n to a c o n s id e r a b le e x t e n t f r o m th e H o r n ­b o o k se r ie s on a c c o u n t o f t h e i r c o m p a r a t iv e c h e a p n e s s a n d a v a i l a b i l i t y fo r r e f e r e n c e a n d rev iew . A s a rule, h o w e v e r , t h e y a re n a r r o w e r t h a n th e r a n g e of s tu d y . T h i s h a s in r e a l i t y a m u c h w id e r sw e e p in le c tu re s , quizzes, e x p l a n a t i o n s a n d m o o t - c o u r t w o rk . O f cou rse , t e x t - b o o k s o f m e r i t o u t s id e o f t h a t se r ies , o r f ro m d i f f e r e n t p u b l i s h in g h o u ses , a r e a lso u sed . I n t h e s t u d y o f p r in c ip le s , h o w e v e r , i t is s o u g h t to e n a b le s t u d e n t s to g r a s p t h e k e y t h a t u n lo c k s t h e m y s t e r i e s a n d t e s t s t h e lo g ic o f a l l law b o o k s .

T h e b o o k s s p e c ia l ly u s e d b y s t u d e n t s fo r t h e p u r ­p o se s i n d i c a t e d a re p u r c h a s e d b y a n d b e l o n g to t h e m ­se lves . T h e y a re t h e e x c lu s iv e p r o p e r t y o f t h e p u r ­c h a se rs a n d k e p t in t h e i r o w n ro o m s . T h e y m a y fo rm t h e nu c le i o f l ib ra r ie s w h e n t h e o w n e r s e n t e r u p o n th e p r a c t i c e o f law. T h e y m a y b e p u r c h a s e d in t h e s t u d e n t s ’ office a t t h e lo w e s t r e ta i l p r ice s . T h e co s t m a y b e e s t i m a t e d a t $20 o r $25 a y ea r .

TUITION, BOARD, LODGING AND EXPENSES.

A s a l r e a d y s t a t e d , s tu d e n t s o f th is U n iv e r s i t y l ive w i th in its p r e c in t s d u r i n g t h e a c a d e m ic y e a r . S o m e h a v e p r i v a t e r o o m s a n d o th e r s l o d g e in d o rm i to r i e s . T h o s e w h o h a v e a t t a i n e d to o r p a s s e d t h e s e c o n d y e a r o f a c a d e m i c s tu d ie s o r t h e i r e q u iv a le n t , w h e t h e r in t h e la w o r s o m e c o l l e g ia t e co u rse , a r e e n t i t l e d a f t e r w a r d to f r e e ro o m s . T h o s e b e lo w t h a t g r a d e l o d g e in t h e d o r m i t o r i e s o r p a y $50 a .y e a r e x t r a fo r ro o m s , as t h e y

LA W DEPARTM ENT. 41

c h o o s e . I n o t h e r w ords , a p r e p a r a t o r y o r h ig h sc h o o l g r a d u a t e r a n k s as a f r e s h m a n . A f t e r o n e y e a r ’s s tu d y , w h e t h e r in t h e law o r a n y o t h e r course , he a t t a in s t o s o p h o m o r e s t a n d i n g a n d b e c o m e s e n t i t l e d to a f r e e ro o m . S h o u ld he insis t , h o w e v e r , o n h a v in g a ro o m f ro m th e first, t h e r e w o u ld be an a d d i t i o n a l e x p e n s e of .$50 fo r th e f r e s h m a n y ea r .

T h e a c a d e m ic y e a r is d iv id e d in to tw o sess ions , a n d t h e co s t o f tu i t io n fo r th e s e se s s io n s , c o m p r i s in g n e a r ly te n m o n th s , is $100 p a y a b l e in a d v a n c e . B u t th is d iv is io n m a k e s v e r y l i t t l e ' d i f fe re n c e in fac t , a n d th e r e g u la r w o rk o f th e U n i v e r s i t y p asses f r o m o n e to t h e o t h e r w i th o u t sp ec ia l f e a tu r e o r i n t e r ru p t io n . T h e c o s t o f b o a rd , lo d g in g , w a s h in g a n d m e n d i n g o f l inens , e tc . , is $300 p a y a b le in a d v a n c e . T h u s tu i t io n , b o a r d l o d g i n g a n d al l t h e c u s t o m a r y n ec essa r ie s o f s t u d e n t l i fe a m o u n t to $400 a y ea r . ( F o r fu l le r d e ta i l s see p a g e .28 o f t h e G e n e ra l C a t a l o g u e . )

T h e m a t r i c u la t io n fee is p a id b u t once , n o m a t t e r - h o w m a n y y ea rs a f t e rw a r d th e s t u d e n t a t t e n d s . I t •am ounts to $10, a n d such also is th e final o r g r a d u a t io n •charge. T h is is p a id to th e s e c r e t a r y p r io r to C o m m e n c e ­m e n t , w h ich is th e c lo s in g d a y o f t h e sch o o l y e a r — th e d a y w h e n th e s tu d e n t is g r a d u a t e d a n d rece ives his d ip lo m a .

I n th is ru ra l r e t r e a t a s t u d e n t s e ld o m finds o cc as io n t o s p e n d m o n e y , a n d his i n c i d e n t a l e x p e n s e s a re e x c e p ­t i o n a l l y l ig h t . C o n s id e r in g t h e w h o le s o m e fa re , c o m ­f o r t a b le q u a r te r s a n d e x c e l l e n t a c c o m m o d a t i o n s t h a t he h a s , n o t less t h a n his a t t r a c t i v e s u r ro u n d in g s , so in s p i r ­i n g a n d fa v o ra b le fo r s tu d y , i t can n o t f a i r ly be q u e s t i o n e d t h a t h is a n n u a l e x p e n s e s a t N o t r e D a m e are q u i t e m o d e r a te . F o r l i k e a c c o m m o d a t io n s , se rv ices a n d a d v a n ta g e s in m o s t o t h e r p la c e s t h e c o s t o r o u t l a y is sa id to b e tw ice as g r e a t

4 2 UNIVERSITY OF NOTRE DAME.

A d d i t i o n a l co p ie s o f th i s a n n o u n c e m e n t a n d t h e g e n e r a l c a t a lo g u e o f t h e U n i v e r s i t y w il l be f o r w a r d e d to a n y a d d re s s , f ree of c h a rg e , o n a p p l i c a t i o n to

V e r y R ev . A n d r e w M o rr i s s e y , C. S. C . , L L . D . ,P r e s i d e n t o f t h e U n iv e r s i ty ,

N o t r e D a m e , I n d i a n a .

LAW DEPARTM ENT.

NAMES OF STUDENTSWho Received the Degree of LL, B., June 15, 1905*

D u ra n t C h u r c h ,W a s h in g to n ,

D i s t r i c t of C o lu m b iaE a r l F ra n cis G r u b e r ,

U n io n C ity , I n d i a n a

F ra n cis J o se ph L o u g h ra n ,Jo l ie t ,

I l l in o isW il l ia m J. M a h o n ey ,

B rookf ie ld , M a s s a c h u s e t t s

H e n r y J. M cG l e w ,N o t r e D a m e ,

I n d i a n aD a n ie l L ig u o r i M u r p h y ,

O d el l ,I l l in o is

J ohn J o se p h O ’C o n n o r ,D e lp h i ,

I n d i a n aE d w a r d H . S ch w ab ,

L o r e t t o , P e n n s y l v a n i a

T hom as J o se p h W e l c h ,M oline ,

I l l i n o i s

4 4 UNIVERSITY OF NOTRE DAME.

CATALOGUE OF STUDENTS.From September, 1904, to June, 1905.

D u r a n t C h u r c h .................................................... W a s h i n g t o nA r t h u r C la i r e .................................................... S o u t h D a k o t aR i c h a r d P. C l a r k e .........................................................I l l in o isT e r e n c e B. C o s g r o v e ...................................................I l l in o isJ a m e s V. C u n n i n g h a m ...............................................I l l in o isB y r n e M . D a l y ....................................................................O h ioR a y m o n d J. D a s c h b a c h ............................... P e n n s y lv a n iaR i c h a r d W . D o n o v a n ................................................. I l l in o isF r a n k L . D u p e n ......................................................W is c o n s inM ic h a e l L . F a n s l e r .................................................... I n d i a n aR a l p h F e i g .......................................................................I n d i a n aO s c a r A . F o x ................................................................. I n d i a n aT h o m a s J. G a n n o n ........................................M a s s a c h u s e t t sC l a y t o n C. G o l d e n ................................................... M ic h ig a nD a v i d J. G u t h r i e ........................................................... I l l in o isF r a n c i s J . H a n z e l .......................................................... I l l in o isT h o m a s M . H a r r i s ....................................................... I l l in o isT h o m a s F . H e a l y .........................................................I l l in o isE d w a r d W . H i l l ........................ : .................................. I l l in o isR o s c o e P. H u r s t ............................................................I l l ino isW a l t e r L . J o y c e ......................................................W is c o n s inF r a n c i s J . L o u g h r a n ................................................... I l l in o isT h o m a s D . L y o n s S o u th D a k o t aD a n ie l L . M a d d e n ....................................................... I l l in o isR a l p h C. M a d d e n .........................................................I l l ino isW i l l i a m J. M a h o n e y ................................... M a s s a c h u s e t t sP a t r i c k M. M a l l o y .............................................................I o w aF r a n k A . M c C a r t h y ........................................................ I o w aG e o r g e J. M c F a d d e n ......................................................I o w aT h o m a s P a u l M c G a n n o n .........................•....... N e w Y o r k

LAW DEPARTM ENT. 4 5

H e n r y J. M c G le w .......................................................I n d i a n aJ o s e p h W . M c l n e r n y .................................................I n d i a n aL a w r e n c e M c N e r n y .................................................... I l l in o isD a n i e l L . M u r p h y .......................................................I l l in o isA l b e r t J. O b e r s t ..................................................... K e n t u c k yJ o h n J. O ’C o n n o r ........................................................ I n d i a n aW i l l i a m E . P e r c e ...........................................................I l l in o isG u y G. R e n n a k e r ......................................................... I l l in o isS t e p h e n F . R i o r d a n ........................................... v . . . . I l l ino isE d w a r d H . S c h w a b .......................................P e n n s y lv a n iaF r a n c i s J. S h a u g h n e s s y ................................. ........... I l l in o isJ o h n W . S h e e h a n ........................................................ I l l ino isT h o m a s W . S u d h e i m e r ....................................... M in n e s o taL o u is E . W a g n e r ...........................................................I l l in o isT h o m a s J. W e l c h ......................................................... I l l in o is

PUBLICATIONS.A la rg e p r i n t i n g office is a t t a c h e d to th e U n iv e r s i ty ,

a n d s ev e ra l p u b l ic a t io n s a re issued f ro m its p re ss . A m o n g th e se , n o t to m e n t i o n c a ta lo g u e s , a re t h e T h e A v e M a r ia , w i th a w e e k ly c i r c u la t io n o f 27,000, a n d T h e S c h o la s i c , o r U n iv e r s i ty w e e k ly , w i th a c i r c u la t io n o f 1,500. L a w s t u d e n t s a re e x p e c t e d to w r i te fo r a n d b e c o n t r ib u to r s to its c o lu m n s .

ST . MARY’S ACADEMY,NOTRE DAME, INDIANA.

C O N D U C TED BY T H E SISTER S OF T H E H O LY CROSS.

(One Mile West of the University of Notre Dame.)

Beautifully and healthfully located on an eminence overlooking th e banks of the St. Joseph River. Bn joys a national patronage. All the branches of a thorough English, Classical, Scientific and Com­mercial Course with Modern Languages taught. On completion of the College Course students are entitled to the Degree of A. B., Litt. B., or B. S.

THE PREPARATORY DEPARTMENT. Here pupils are trained in the regular, Special and College Preparatory Courses.

THE MINIM DEPARTMENT provides for the tender care, and special instruction of children under the age of twelve years.

THE CONSERVATORY OF MUSIC is conducted on the plan of th e best Classical Conservatories.

THE ART DEPARTMENT is modeled after the leading Art Schools of Burope.

GYMNASIUM with resident director, a graduate of Dr. Sargent’s Normal School of Physical Training, Cambridge, Mass. Over two hundred acres devoted to walks, and outdoor sports.

The AIM of moral, intellectual and physical training is to prepare young women for lives of usefulness. The constant growth of the Academy has necessitated the erection of additional fine buildings w ith latest Hygienic equipments. Moderate Cost. New school year begins September 12th. Bor Catalogue and special information apply to

THE DIRECTRESS,ST. MARY'S ACADEMY, NOTRE DAME, IND.

The Notre Dame ScholasticI s a 2 8-page paper devoted to th e in te res ts o f the s tu d en ts a n d pub l ished by th e m every w eek d u r in g te rm time. T h e

j o u r n a l is in the h a n d s o f a s tu d en t board o f ed itors and

s tu d e n ts do all th e w r i t in g for it. W o r k done for T he .Scholastic is rega rded as su p p lem en ta ry to t h e theore tica l

•work of the E n g l i s h c o u r s e s ; hence th e ch a rac te r of th e a r t ic les ,— essays on l i te rary subjects , b iographica l sketches , s h o r t stories, exercises in verse, book - reviews, etc. A s

-contr ibutors are expec ted to p repare th e i r ow n copy for t h e p ress an d to do the i r ow n p roof - read ing , th e y ga in no

sm all a m o u n t o f practical experience.A l t h o u g h The Scholastic is pub l ished chiefly for th e sake

of t h e s tud en ts a t te n d in g th e Univers i ty , th e i r p a ren ts an d

a l l fo rm er s tu d en ts will see th in g s of in te res t in i ts columns. R e p o r t s of the p o p u la r lec tu re course a n d of events h a p ­

p e n in g a t N o t re D am e an d o th e r colleges, persona l notices, a th l e t i c notes, reviews of th e w o rk done in th e deba t ing

.and o th e r classes, find place in th e p a p e r a n d keep pa ren ts

a n d o th e rs informed abou t m a t te r s t h a t concern the i r

c h i l d r e n a n d friends.

T he Scholastic will be sen t to a n y address for $1.50 p e r a n n u m .

A d d re s s all com m unications to

The Notre Dame Scholastic,Notre Dame, Indiana,

F