Glass . _ Book , T PRESENTED BY JOHN NORTON POMEROY, LL.D. Dean i 864-1 871. the new york University Law School PAST AND PRESENT BY LESLIE JAY TOMPKINS NEW YORK CITY 1904 n p. The University. 7' ! Mr'04 AN APOLOGY It was originally intended to make this sketch of the Law School the introduction to a catalogue of the graduates of the institution ; but the completion of the catalogue seems so far removed that it was deemed wise to issue this, the beginning of the work, at once. In drafting the sketch, free use has been made of the records of the University; "The University Law School," 3 University Magazine 119; The Law School, being portions of Chapters III, V, and X of "New York University," Herndon & Co., Boston, 1901 ; "Austin Abbott," a sketch, by Carlos C. Alden, 3 University Law Review 151, and numerous legal biographies. Deficiencies are acknowledged in advance. It would be an act of kindness on the part of the Alumni, old and young, if they would note corrections and additions. Information concerning the earlier graduates is particularly desired, and the School will welcome this information at any time. The writer owes an apology to the great number of living and successful members of the bar whose names are not herein in- cluded. His only excuse is that he personally knows little of the alumni prior to the year 1892. Leslie J. Tompkins, New York University, Washington Square, N. Y. City. January, 1904. HE history of the School of Law of New York University might well be left untold, were it to chronicle only its inception and the distinctive events which have marked its past. An edu- cational institution has its past in its alumni and in the men who work zealously for the welfare and well be- ing of that alumni ; its present exists in its students and the men whose duty it is to lead and accompany those stu- dents to the arena of practical life, and whose influence and teaching are fitting these students to face the battle. In this way, alumnus, student and teacher, each stands for the institution quite as much as the institution stands for them. They are one, never to be separated. The history of the School of Law is marked by con- trasts so great as to warrant its division into a series of periods, which may be stated as follows : The Struggle for Existence 1834 to 1856 The Middle Period 1859 to 1889 The Modern Period 1889 to 1895 The Law School of To-day 1895 to present The Struggle for Existence 1834 to 1856 This period is in reality made up of the efforts of one man to establish the school in the face of insurmountable barriers, before which they succumbed time and again. In 1834 the Council of the University, looking to the organization of the Faculty of Law, said : "The great importance of this department, and the solicitude manifested by the members of the bar and others for its early and judicious organization, have in- duced the Council to give the subject a very anxious and deliberate consideration." In a pamphlet given to the public at that time the then Chancellor, James M. Matthews, says: "Having learned that the Hon. Benjamin F. Butler, Attorney General of the United States, had on various occasions, in common with others of his professional brethren, expressed a very decided opinion as to the importance and necessity of establishing a scientific law school in the city ; and that he had also bestowed considerable reflection upon the plan and method of instruction proper for such an institution ; that gentleman was recently requested, in behalf of the Council, to favor them with a statement of the opinions he had formed on this interesting subject." In the year 1835 Mr. Butler published his "Plan for the Organization of a Law Faculty," and "A system of instruction in Legal Science in the University of the City of New York, prepared at the request of the Council." Mr. Butler was at the time Attorney-General in the Cab- inet of Andrew Jackson, having in 1833 succeeded the 8 p P I — I p PQ •C ON H °o , | hH CO M ri oo > p p O Hon. Roger B. Taney. Born in Kinderhook, New York, in 1795, his abilities, when he was only a boy, had at- tracted the attention of his townsman, Martin Van Buren, in whose office he studied law. Accompanying Van Buren to Albany, he had been admitted to the bar in 181 7. Within sixteen years, at thirty-eight, he took his seat as Attorney-General at Washington. His "Plan" provided for at least three Professors and three years of study. He intimates that ordinarily the grade of attorney and solicitor was reached at twenty-one, and this entirely through service in the office of a lawyer ; the higher grade of counsel being attained three years later. This course of three years was to be grafted, some- how, upon the practice of clerkship. The courts had then as a general rule required that the whole term of clerkship should be spent in the office of a practising attorney and solicitor and under his direction ; for study in a law school (but) one year was usually allowed — i. e., the obligation of clerkship was in that case reduced by a single year. Most law schools had been private, conducted by a single lawyer, often in small country towns. The Attorney- General distinctly intimated that at that time, in an al- ternative of abandoning law school or office work, the aspirant for the profession would cling to the latter. Mr. Butler proposed for the initial or "Primary" department: Practice and Pleading, Organization and Jurisdiction of Courts, modes of proceeding in Common Law, in Equity, Admiralty, and in Criminal cases. For the second or "Junior" department he set down the Law of the Do- mestic Relations, the Law of Personal Property, includ- ing Commercial and Maritime Law, being matter particu- larly contained in the second and third volumes of Kent's Commentaries, which Mr. Butler cited. For the third or "Senior" department he allotted the Law of Real Prop- erty, of Corporations and of Equity. Besides this, all three groups were to be jointly instructed in what Mr. Butler called the Parallel or General Course, in which the philosophical and historical aspects of Law were to be brought forward, and which should include the Law of Nature, History of American Jurisprudence, Constitu- tional Law, Interpretation of Statutes, Roman Law and the like. The detailed and specific way in which Mr. Butler had elaborated the mode of instruction points strongly to the probability that he looked forward to this academic work with a definite and clear purpose and with real pleasure. As to the method of instruction, the ideas presented by Mr. Butler correspond favorably with the ideas which prevailed for many years subsequent to his time, and which seems not yet to have lost favor in the minds of many representatives of our bar and bench. "The most useful kind of law lecture," says Mr. Butler, "is that which is designed to elucidate a preparatory course of text-reading previously assigned to the student, and to impress upon his mind and memory its leading principles. If treatises or dissertations are to be read, the student had better do it for himself, under such cir- cumstances as to enable him to peruse and digest them at his leisure. The oral lecture is not only far more at- tractive and inciting, but it furnishes the opportunity of supplying the defects of the text-books, and of giving such useful information which would never be incorporated in a written lecture." In other words, the deductive method of proceeding from general principles gained through the text-book to particular principles to' be eluci- dated by the oral lecture. It was not a new idea, rather, it was the idea prevailing in all lines of education at the time. In the year 1838, the new Law Department was in active operation. Mr. Butler was Principal of the Faculty, and associated with him were William Kent and David Graham, Jr. Mr. Butler was "Professor of General Law and of the Law of Real Property ;" Mr. Kent, of the "Law of Persons and of Personal Property ;" Mr. Graham, of the "Law of Pleading and Practice." The Inaugural Addresses of all three have been preserved by publication (1838, New York). An able and competent observer of that time who was quite close to the new enterprise assigns several reasons in explanation of the fact that this beginning of 1838 was short-lived. In the first place, the troubles of the summer of 1838, the convulsion involved in the bitter contest between the Chancellor and the seven Professors, reacted on the Law Department as well as on the rest of the institution. Professor Graham resigned soon afterwards, and the number of law students did not exceed fifteen or twenty. Mr. Butler was appointed a United States District-Attorney by President Van Buren, and Mr. Kent became a Circuit Judge. Besides, it was intimated that the adherents of the constitutional interpretation of Mar- shall and Story would not be friendly to a jurist who was identified with the administrative policy of Jackson and Van Buren. To all this perhaps may be added the fact that the habit of what may be fairly called apprenticeship of: the future lawyer through clerkship in law offices was too deeply settled in that era to have the youths, so much younger and less mature than the law students of the present time, incline to swerve from the line of training of their own principles and to* serve two masters. Even in the Universities of England law instruction was then of very recent origin, and the Law Schools of Harvard and Yale were in their infancy, enrolling but a scanty number of pupils. (Harvard had 24 in 1829-30.) Splendid as had been the services to American Jurisprudence of Chancellor Kent, the Law School of Columbia had maintained but a languishing and limited existence. The records of the University contain no mention of the students who ap- peared and disappeared during this period. In one or two of the publications of the time mention is made that "students were in attendance upon the lectures of the Law School." No register is now in existence showing matriculants of the period. Statements as to the school were intermittant, some mention being made one year and omitted the next. In the University publications of 1839- 40, the announcement of the Faculty of Law appears and this significant statement: "a course of lectures . . . has been delivered during the past session," presumably 1838-39, the Faculty having been appointed in 1838. No further announcement appears for a period of fifteen years, or until 1854, during which no lectures seem to have been given. In 1854 the University announced under the title "Faculty of Law," "arrangements are in progress to revive this department." The arrangements must have fallen through, for nothing appears concerning the school in the publication of 1855. In 1856, "The Faculty of Law" again appears in the records, and its only profes- sor is Mr. Butler. This was evidently intended as the 12 publication for the college year 1855-56, for in July, 1856, Mr. Butler sent to the Council a letter formally dissolving the association of his name with a Professorship of Law to which he had originally been appointed in 1835. In this letter Mr. Butler reviews the effort of 1838 to actu- ally begin the work of legal instruction in the University, when "the number of students did not exceed thirty, and of these several were unable to make payments of tuition." And then the distinguished jurist went on to say : "My opinions as to the necessity and importance of a school in this city for a systematic and thorough course of instruc- tion in legal science, as set forth in the plan above referred to and in my inaugural address, are unchanged; but the state of my health and other circumstances will not permit me, at this time, to indulge the hope that I can take any part in the reorganization of a Law School in the institution under your care. I hereby resign the office of Professor of General Law, of Real Property, and Prin- cipal of the Law Faculty, to which I was appointed." Thus ended the period denominated The Struggle for Existence. No attempt was made to revive or continue the school until 1858. Mr. Butler continued the practice of law in New York City until his death in 1868. There has been no man in his profession more extensive in merits, or whose memory is more deeply cherished. His resignation as a Professor by no means lessened his interest in the institution, and to the day of his death he was a patient and interested adviser of its officers. His brother, Dr. Charles Butler, served the University as a member of the Council and its President for many years, while his son, William Allen Butler, served as a member of the Council from 1862 to 1898, and was also a lec- 1 3 turer on the Law of Admiralty in the Law School for many years. William Kent was a son of Chancellor Kent, and came in as the Professor of Common Law and Domestic Rela- tions. He retired in 1839, having been in active duty but one year. Mr. Kent was born in 1802, and died in Fish- kill, New York, January 4th, 1861. From 1841 to 1846 he was Judge of the First Circuit, having been appointed by Governor Seward. In 1846 he accepted the professor- ship in Harvard Law School, but resigned in 1847 an d returned to New York., His education and ability won for him a prominent place in his profession. David Graham, Jr., who also assisted Mr. Butler in his plans and the opening of the school, remained but a very short time with it. He was appointed a Professor of Law in 1837, and resigned in 1838. Mr. Graham was born in England in 1808 and died in France in 1852. He was a worthy son of a worthy father, the two practising at the bar of New York together and were commonly known as "Graham the elder" and "Graham the younger." He was prominently connected with the early Code, draft- ed under David Dudley Field. In 1832 he compiled "Graham's Practice," which for two decades was regarded as a standard. He was prominent in political and social life and attained a prominence in his profession equaled by but few men of his day. 14 The Aiddle Period 1858 to 1889 In reality the Law School dates its foundation from the year 1858. All prior attempts to establish the School upon a firm basis seem to have been ephemeral, but from the establishment of the Faculty of 1858 down to the present time, the school has been a vital force in the de- velopment of the community. In 1858 the Council renewed their active interest in the matter, and on May 27th the plan of a Law School was unanimously adopted. The Council designated the men who were to give instruction in Law in the proposed School, leaving to them the task of determining the kind and the amount of work to be done by Faculty or to be exacted from the students. The University entered into no financial liability, and on the other hand, demanded but a graduation fee of $10 for every diploma of Bachelor of Laws. The Faculty designated were the following: The Hon. Thomas W. Clerke, Judge of the Supreme Court ; Hon. Levi. S. Chatfield, late Attorney-General of the State of New York ; Hon. Theodore Sedgwick, United States District Attorney, Peter Y. Cutler, William B. Wedgewood, and George H. Moore. These gentlemen expressed their appreciation of their own selection in flattering terms, but prudently called at- tention to several important matters, the settlement of which should precede the actual work of beginning lec- tures on law. As a first point they mentioned the estab- lishment of a Law Library of some considerable extent. This was one of the great attractions of the Law School 15 at Harvard University. Some thousands of volumes were undoubtedly requisite. Such a collection must be re- served for the exclusive use of the students ; this library would be their place of resort and centre of union. Sec- ondly, suitable steps should be taken to give proper pub- licity to the new Law School, and have it widely adver- tised throughout the land, at least during the first year or two. The two matters mentioned would probably involve an outlay of $10,000. These points were formulated in a communication to Chancellor Ferris, dated June 5, 1858. John Taylor Johnston came to the aid of the Faculty by laying the foundation of the Law Library with gen- erous helpfulness. As to the degree of publicity thrown upon the new enterprise, data fails us. One striking fea- ture of the new department demands attention. Chancel- lor Kent, when he early in the century conducted a short- lived Law School in connection with Columbia College, had worn the ermine of the highest judicial office of the State of New York. B. F. Butler, who made the second effort toward establishing a Law School in New York, had been Attorney-General in Jackson's administration. And now again three of the five proposed law teachers were men invested with honors of official distinction. Clearly it was considered desirable that in a tentative movement — for such it was even then — like this, the legal eminence of some of the teachers should be an element of strength before the public. In the opening circular, attention is called to the ex- tensive opportunities for studying actual litigation : in the Supreme Court, with its five judges, in the Superior Court with six, in the Court of Common Pleas with three, be- sides the District and Circuit Courts of the Federal Gov- 16 ? .'rijKf'i ^~~ pi < P a CO O 5 5 CO < § • p 1 — I *> p , PQ ; i — i CO Pi ■ > i ernment. The Law School was commended to the future legislator, to men who looked forward to the administra- tion of inherited wealth, to future merchants. The real competition of the Law School was in that day not so much with other law schools, but with the idea of accom- plishing the entire preparation for admission to the bar through apprenticeship in the offices of lawyers. And thus the first circular of the Law School which marks the beginning of uninterrupted work in legal education in New York University presents the matter in the follow- ing language: "They (young men) enter a lawyer's office and commence the study of law. Books are put into their hands to be read. They generally pursue their studies unaided hy any oral instruction, or examination, or explanation. They imbibe error and truth : principles which are still in force with principles which have become obsolete ; and when admitted to practice they find, often at the cost of their unfortunate clients, that their course of study has not made them sound lawyers or correct practitioners. The liberty and the property of the client are often sacrificed by the ignorance of the lawyer. A more accurate knowledge of the law as a science, and of its practice as a profession, can be imparted to the student in a well-regulated Law School in four months, than is usually acquired in a lawyer's office in years." The tone and spirit of this note differ greatly from the milder manner of Mr. Butler in his design of 1835, when the apprenticeship method was treated with deference, whereas in the circular of 1858 the gauntlet was thrown to the exclusive claims of that system. At the same time the course given was of moderate length : from the third Wednesday of October to March 4th. The work was 17 allotted thus : Justice Clerke taught General Theory and Practice of American Law, including Municipal Law and Equity Jurisprudence ; District- Attorney Theodore Sedg- wick lectured on International, Constitutional and Statu- tory Law, and Law of Damages ; Mr. Chatfield presented Criminal Law and Medical Jurisprudence; *Mr. Cutler figures as Professor of Civil Law, the Law of Evidence, Pleading and Practice, and the Law of Real Property ; William B. Wedgewood had as his departments, Com- mercial, Maritime, and Parliamentary Law, and Law of Personal Property ; and Mr. Moore, Legal History and Literature. It was proposed not only to hold moot courts, but also to organize legislative bodies for "provision is made for the organization of Legislatures and Conventions for the purpose of parliamentary drill and the preparation of the public duties to which young men may be called." Whether the numbers of students in the new depart- ment were adequate for effectively inauguarating the latter form of preparation for political life, we do not know. The number of "attendants on Law Course" were 56. The first graduates of the University Law School, March 4th, 1859, were eight in number, as follows : Mar- cena M. Dickerson ; Gilead B. Nash ; Asa S. Lathrop, A.B. ; I. Solis Ritterband ; Chauncey Field, Jr., John Stevenson ; Nelson Taylor ; Joseph E. Jackson, A.B. The method of instruction remained the same as out- lined by Mr. Butler; in fact, no attempt at changes in method were made until the reorganization in 1889. If method it could be called, it deserves no distinctive name. To each instructor was assigned one or more topics, and then as now, his success depended upon his own ability to properly handle his class. The text book was used, and this was supplemented by the oral recitation and lecture. This method is as old as education itself. Its age entitled it to respect. A distinction was given to it as the in- structor was successful in his work, but the distinction died with the retirement of the instructor, and history repeated itself by the advent of new instructors. There is no method of instruction yet devised which can safely be adopted by every instructor. The great desideratum is results, and judgment goes for or against the instructor who succeeds or fails to succeed in developing the subject in a logical, historical, terse and practical manner to the student. The time ought never to come when the in- structor is not king of his own class room. That some other has been or is more successful than he by pursuing a method differing from his is begging the question. For- tunately, this has always been recognized in the University Law School, and to it may well be attributed the suc- cess of the School. In 1859 Messrs. Chatfield and Moore retired from the Faculty. Lewis S. Chatfield was born in 1808 and died in 1884. He was prominent in New York politics, having been elected to the Assembly in 1838 to 1843, an d was chosen speaker in 1842. In 1848 he was elected Attorney-Gen- eral and was re-elected in 1851. He resigned in 1853 to take the presidency of the Atlantic and Pacific Railway, and while occupying this position gave his services to the Law School. His topics were Criminal Law and Medical Jurisprudence. He was eminent at the bar of New York, and a prominent figure in the prosecution and defense of several trials famous in his day. 19 George H. Moore came in as Professor of Legal His- tory and Literature and retired in 1859. He returned to the Faculty in 1871, and remained on its rolls until 1888. Mr. Moore was more of a litterateur than a lawyer. His writings along historical lines are voluminous. He re- ceived the honorary degree of LL.D. in 1868. For some years prior to his death he was the Superintendent of the Lenox Library (iSy2-'g2). While on the rolls of the Faculty he seems never to have assumed active work in the School. He was born in 1823, graduated from the Uni- versity in 1842 (A.B.), was a member of the Council from 1 87 1 to 1883, and died in 1892. In 1859 the number of students in attendance increased from fifty-six to seventy, and the graduating class of i860 numbered twenty-four. Of the graduates of '60 who have risen to prominence may be mentioned the Hon. Asa Bird Gardiner and Jacob A. Geissenheimer, while all have maintained the dignity of the profession and risen to honorable standing in their respective communities. In the two years that followed i86o-'6i and '6i-'62, little mention is made of the school and "perilous times" seem again to have been before and on it. Nevertheless, the students in attendance during '6o-'6i were seventy-nine, while twenty received the de- gree in 1861. In i86i-'62 seventy were in attendance and thirty-six received their degree in 1862. Among these are two names whom the alumni are always glad to honor, those of the Hon. Smith Ely, Jr., and Hon. Meyer S. Isaacs. In 1861 the same Faculty was announced as in 1858, save for the omission of the name of Chatfield and Moore, but it was qualified by this statement: "The regular and systematic instruction is under the direction of Professor William B. Wedgewood, LL.D., with courses of lectures by other professors on select subjects." The students were divided into two classes, Senior and Junior, with the significant statement that students who were competent could carry on the studies in both classes and complete the course in one year. Each year seems to have been divided into two terms of twelve weeks each. Here also appears for the first time the statement that "students are admitted to practice on their diploma without further examination." This practice was con- tinued until 1877, when regular examinations for ad- mission to the bar were instituted by the Supreme Court and have been continuel to the present. In 1862 Professor Cutler retired from the Faculty, leav- ing Professors Wedgewood and Clerke masters of the field. They continued in their work until the end of the year 1864, when Professor Wedgwood retired and a new and reorganized Faculty took their place. Of Peter V. Cutler little is known, save that he was a member of the bar of New York, entered upon his duties as Professor in 1858 and remained until 1862, when he re- tired. During this time he taught Evidence, Pleading and Practice, Civil Law and Real Property. William B. Wedgwood graduated from the University, with the degree of A.B., in 1836, and received the honor- ary degree of LL.D. in 1859. He retired in 1864, after having served the Law School from 1858, carry- ing upon his shoulders the main work of the School for that period. He afterwards established the National School of Law in Washington, D. C. No records are obtainable showing further facts. In i862-'63 there were seventy in attendance, and twenty-five received degrees in 1863. Seventy-five were on the rolls in i863~'64 and twenty-one received degrees in 1864. The attendance for the next few years shows the results of the war, as but sixteen were in attendance during i864-'65, and but five degrees were granted in 1865, while the attendance and degrees granted for the next nine years were as follows : 1865-66 No. of students 25, Degree granted, 12 1866-67 25, 4 1867-68 25, 11 1868-69 30, 10 1869-70 25, ' 11 1870-71 29, 8 1871-72 34, 24 1872-73 35, 27 1873-74 32, 22 In 1864, the retirement of Professor Wedgwood neces- sitated a further reorganization, and the school opened in October, 1864, with the following Faculty : Hon. Thomas W. Clerke, Professor of Law. John Norton Pomeroy, Dean and Professor of Law. Benjamin Vaughn Abbott, Professor of Law. The course was made to extend through two years of three terms each, each term consisting of twelve weeks. A new element seems to have been introduced in the method of instruction, whereby the students of the Junior year were required to pursue the systematic course out- lined, while a system of elective or "a wider range" is given to the Senior class. At this time was introduced the system of special lectures upon various topics given by men prominent in their profession, which system con- tinued until 1896, when it was dropped. Mr. Abbott retired in 1865, probably because the num- ber of students did not warrant his continuing, owing to the breaking out of the war. He was born in Boston, Massachusetts, 1830, received his degree of A.B. from the University in 1850, studied law at Harvard, and returned to New York, where he practised law until his death in 1890. During the year spent in the Law School he taught Contracts, Crimes and Remedies. Like his three famous brothers, he was a man of the highest attainments, and an indefatigable worker, as is shown by the many volumes which bear his name. Professor Pomeroy, practically unaided, continued the work of the school along the lines laid down by him in 1864. He retired in 1870 and went to California, where he passed the remainder of his days in writing and practis- ing law. Of his work in the School, there are many living who can speak with feeling and admiration. Few men could equal his great learning and fewer still his energy in providing the profession and the Avorld with knowledge in the shape of books. Withal, his gentleness, his genial ways, his earnestness of purpose, his treatment of the student as a fellow worker both in and out of class room, endeared him to the hearts of all who were privileged to learn of him. During his term of office sixty-one young men received their degrees, while one hundred and seventy-five were fortunate enough to have been instructed by him. Among them we note the names of Hon. Elihu Root, ex-Judge Ernest Hall, Judge Willard Bartlett, ex- Judge Thomas S. Henry, Vice-Chancellor Eugene Steven- 2 3 son, Hon. Randolph Guggenheimer, Arthur von Briesen, Esq., William G. Peckham, Esq., and James Stokes, Esq., all of whom have added lustre to the fame of their instruc- tor, to the school, and to their country. The Law School may well be proud of them all, and it is interesting to know that, as the years go on, the light they shed will be reflected back as the renaissance of time, scholarship, and achievement is always reflected. With the retirement of Professor Pomeroy the name of Thomas W. Gierke disappeared from the rolls of the Faculty with which he had been connected since the organization of the school in 1858. Judge Gierke, at the time of his appointment, was a Judge of the Supreme Court of the State of New York, and remained on the bench during all of this time. The work assigned to him in 1858 was that of "General Theory and Practice of American Law, including Municipal Law and Equity Jurisprudence," and this statement was published with his name during each successive year. Just the actual amount of work he did is not on record. It is known that Professors Wedgewood and Pomeroy bore the main burden of teaching, but it is taken for granted that Judge Clerke's lectures were included as a "course of lectures by other professors on select subjects." At the present writing, no information as to Judge Clerke is obtainable. It is known that he was presiding justice in the First Department during the years 1868 and 1869. He was the author of "Rudiments of American Law and Practice," 1842, and "Digest of Cases in the Supreme Court of N. Y.," 2 vols., 1841. In August, 1 87 1, upon the retirement of Professor Pomeroy, a new Faculty was announced : 24 DAVID R. JAQUES, LL.D. Dean 1887-1891. Hon. Henry E. Davies, LL.D., President of the Faculty. Hon. E. Delafield Smith, A.M., Professor. Hon. David R. Jacques, LL.B., Professor. George H. Moore, LL.D., Professor. Charles Francis Stone, A.M., Professor. The course of instruction was practically the same as before. Austin Abbott was announced as a lecturer at this time, and delivered a course of special lectures on Plead- ing and Practice each year, practically, until his appoint- ment in 1890, as Dean of the School. This system of spe- cial lectures deserves a word or two of explanation. It was not an innovation in legal instruction, the idea had prevailed for many years in educational systems and pre- vails to-day, that valuable information may be gained by this means. This is true along advanced lines of education, but in undergraduate classes the system has rarely been a suc- cess, especially when the regular work of the school is dispensed with and is replaced by the special lecture. No examinations are required, and students are not willing to spend their time listening to lectures upon which no examinations depend, especially when the re- quired work of the school is of such a character as to require their whole time and attention. This, at least, is the experience of the Law School, for it was found that not one-half of the students attended in exceptional cases, while in others the proportion was much less. This was not, however, the reason advanced by the school for dis- pensing with these lectures, as it did in 1897, but rather because the character of the work required of the stu- dent made it impracticable to interrupt it by these lec- tures ; for interruption it was, causing the omission of 2 5 several weeks of lectures which really belonged to the regular courses, and thereby depriving the student of much information which was more valuable to him at this particular time than knowledge of the subjects embraced in the special lectures could possibly be. Upon the introduction of the new Faculty in 1871, the moot court was made a special feature of instruction. This was held every Friday, taking up the time given to the regular work, and was presided over by Judge Davies, who had lately been relieved from the Chief- Justiceship of the Court of Appeals, and was now President of the Faculty. This system of moot courts was continued as a part of the instruction until 1896, when it disappeared. At this time and probably from the beginning of the work in 1858, the regular lectures of the school began at 4 p, m. and lasted until 5 130 or 6 p. m. From this possible ten hours per week should be deducted the moot court hours on Friday, which reduced the required work to eight hours per week, making a total of two years with from 12 to 16 hours of required work for the degree. From the inception of the school the main work has been done in the afternoon hours. Mr. Butler recommended this, because it would allow the student to spend the best portion of the day in office work, and the custom as to hours was continued, though the shibboleth of office prac- tice for the student is rapidly disappearing. At this time (1871), however, there was little reason for it, for the student was admitted to practice upon his diploma. Later, upon the introduction of the bar examinations, the Court of Appeals made the requirement of one year of practice in an office, allowing for one or two years spent in a law 26 school, as the student happened to be a graduate of a col- lege or not. The requirements for entrance demand a word or two of explanation. From the very beginning up to 1895, no requirements for admission were exacted. The phrase "careful preparation is urgently recommended," which appeared annually in the announcement, was an empty one, for no questions were asked as to the prospective student's qualifications. The University Law School was not alone in this, however, for the same rule was in force in all the schools in this State. The University Law School was not the first to demand entrance requirements, however, nor has it always kept pace with the other schools of the State in this respect. It is enough, perhaps, to know that it is now abreast of the best schools of the country. There is little information to be gained from the publi- cation of the Law School of this time as to the allottment of work to the different professors. Judge Davies seems to have done little save to preside at moot trials, and the main burden fell upon the shoulders of Professors Smith, Jaques and Stone, for, as stated, Professor Moore's work was special and along the lines of History. Professor Smith retired in 1876. He was born in 1826, received the degree of A.B. from N. Y. U. in 1846. He was United States District Attorney for the Southern District of New York 1861-65, and afterwards Corporation Counsel of the City of New York. In 1854-59 he edited the four volumes known as "E. D. Smith's Reports" of the de- cisions of the Court of Common Pleas. He was prominent at the bar of this City, having participated in several noteworthy cases of his time. He died April 12th, 1878. 27 In 1881, President Davies died, and was succeeded as President (dean) by Aaron J. Vanderpoel. Judge Davies came from and was succeeded by a long line of men who have been and are prominent at the bench and bar of this country. He was born in 1805, was admitted to the bar of New York in 1826, and immediately became a prom- inent practitioner at the bar of this State. In 1855 he was elected to the Supreme Court, and in 1859 was elected to the Court of Appeals for a period of eight years, the last two of which he presided as Chief Justice. He returned to New York City in 1867, and became counsel for the Mutual Life Insurance Company. In October, 1871 he accepted the position of Dean (or President), and re- mained at the head of the Faculty until his death in 1881. His wisdom and counsel were ever ready. His extensive practice precluded any great amount of work with the school, but he guided the school during these years in a way to win him the admiration of all who knew him. After Judge Davies resumed the practice of the law, all the incidental labor of the Law School devolved upon Profesor Jaques, and was performed by him alone until 1 88 1, though, as has been stated, Judge Davies remained President until his death, when he was succeeded by Mr. Vanderpoel, who died in 1887. Professor Jaques was then appointed Dean of the Faculty, and remained such until 1 89 1, when he retired, and was succeeded by Austin Abbott. Aaron J. Vanderpoel, who succeeded Judge Davies as President of the Faculty, did not take any more active part in the work of the school than had his distinguished predecessor, but he gave to it the prestige of his name, and his interest and wisdom helped to guide the school during 28 the years from 1881 to his death in 1887. Mr. Vanderpoel was very prominent in the city for his great knowledge of the municipal and state statutes, and was often con- sulted and retained in cases involved in the interpretation of these statutes. He was born in 1825, educated at the University, from which he received the degree of A.B. in 1843. He was for many years counsel for the sheriff of the city. From 1870 to 1887 he was a member of the University Council. He received the honorary. degree of LL.D. in 1881 from the University. He died in Paris, France, August 22nd, 1887. In 1888, Elliot F. Shepard, Esq., whose interest in the Law School was pre-eminent, gave to the Law Library the library of Mr. Vanderpoel, having purchased it for the purpose of thus presenting it. In 1881 Professor Jaques secured the services of Pro- fessor Isaac Franklin Russell, whose services in the Law School continue to this day. During this time, Professors Stone and Moore, while nominally on the roll of the Faculty, seem to have performed no work save as special lecturers. From 1 88 1 to 1891 the work of the school devolved entirely upon Professors Jaques and Russell, assisted by Special Lecturers. From the advent of Professor Jaques in 1 87 1, to his retirement in 1891, covering a period of twenty years, 1,426 students were in attendance upon the lectures of the school, and 745 received the degree of LL.B. Among these there is a long line of men who have gained prominence at the bench and bar of the country, and whose prominence reflects credit upon the school which proudly claims them as her offspring. Most of them are living at this time, and a detailed statement of 29 their honorable careers would be but a repetition of facts of which the profession is already in possession. Among those who have reached the bench are the following : David Leventritt, '72. John Henry McCarthy, '73. Martin J. Keogh, '75. Herman Joseph, '78. James A. O'Gormon, '82. John Woodward, '81. Prominent at the bar and in professional and political life are: Edward E. McCall, '84. Herman A. Bolte, '83. Wauhope Lynn, '82. Benjamin Hoffman, '85. Calvin D. Van Name, '77. Charles A. Knox, '72. Clifford H. Bartlett, '73. Jefferson M. Levy, '73. William J. Fanning, '73. Theo. E. Tomlinson, '74. Jacob A. Cantor, '75. John F. Mclntyre, '75. Mirabeau L. Towns, '75. Frederick B. Jennings, '75. M. Warley Platzek, '76. David Elwell Austin, '77. Thomas Francis Byrne, '77. John C. Tomlinson, '77. George F. Elliott, '78. James Brooks Dill, '78. Charles Steckler, '78. Archibald M. Maclay, '78. James Edgar Bull, '80. Wm. A. Purrington, '80. Winthrop Parker, '81. Edgar J. Phillips, '82. Charles S. Taber, '85. Isaac M. Kapper, '87. John D. Lindsay, '87. Victor J. Dowling, '87. Henry W. Jessup, '88. Charles G. F. Wahle, '88. Ambrose O. McCall, '88. Professor Jaques deserves more than a passing remark. He was born in Woodbridge, N. J., in 1823, educated at Harvard, where he graduated in 1842, in both arts and law. While there he studied under Greenleaf and Story, and came to New York to practice law. For some period of time he was connected with Surrogate Bradford, and 3° during this time read, corrected and revised the cases published by Judge Bradford, known as "Bradford's Re- ports." He afterwards opened an office of his own, and built up a special surrogate practice, which brought him the admiration and respect of the profession because of his deep learning therein. He was a member of the Council of the City during 1864-65, and was one of two Republicans on that board. In 1871 he entered upon his duties with the University Law School and remained in active service for a period covering twenty years. In that time, as has been noted, more than fourteen hundred men studied under him and more than one-half that num- ber received their degrees. An able lawyer, an excellent instructor, a kind and genial manner, and an innate love for young men, won for him the respect, the veneration and the friendship of all who studied with and under him. To have guided this number of young men, so many of whom have attained prominence at the bench and bar and in the political, economic and social life, safely through the intricacies of the law up to the bar of the State, and to see them taking so active a part in the civilization of the day, is no small monument to a man, and Professor Jaques may well feel proud of his success. He builded better than he knew, and the fruition of his efforts has begun and will complete for him a lasting monument for all time. In a well-earned retirement, amid contentment, peace and plenty, cheered by family ties and the tender regard of "his boys," Professor Jaques spends his declining years. The hearty response from one and all is, "May they be many." 31 The Modern Period In 1889 the University claimed two professional schools using the name of the University, but both of which were proprietary in the strict sense, the officers and professors of each school administering its funds, organizing its courses and directing the appointment of its instructors. Through the efforts of Chancellor MacCracken (then Vice-Chancellor) the School of Law, which had experi- enced varying fortunes for forty years, as this or that eminent jurist came as lecturer, and in some measure as proprietor of its resources, and after a while departed, was in 1889 placed under direct University control. The Council undertook to administer its finances and to or- ganize anew its courses. The classes were for the first time separated one from another, in all their exercises. The two Professors and the several lecturers received their appointments direct from the Council. A Deanship of the School was created, to which Dr. Jaques was ap- pointed. Enlarged and improved rooms were provided for the two classes, upon the principal floor at Washington Square. From this date the Law School began a new era of progress. In 1 89 1 the work of the School of Law was further enlarged. Dr. Austin Abbott was called to the Deanship to succeed Professor Jaques, who had resigned. The number of Professors at Law giving daily instructions was increased to four. A graduate division was estab- lished, in which thirty-three students were enrolled during the first year, 1891-1892. The Law Faculty, which was to conduct the work from autumn, 1891 on, was constituted thus: Dr. Jaques to 32 AUSTIN ABBOTT, LL.D., Dean 1891-1896. be Professor of the Graduate Chair of Law ; Austin Ab- bott, LL.D., to be Senior Professor and Dean, and as- sociated with him, Isaac Franklin Russell, D.C.L., as Junior Professor and Secretary; Christopher G. Tiede- man, A.M., being Senior Adjunct Professor of Law ; Henry Lymans Jesup, Professor of Law of Procedure and Torts. At the beginning of Dr. Abbott's term, the Council doubled the lecture room space of the Law School by the addition of two lecture rooms upon the second floor of the Washington Square Building. These accommoda- tions proved soon too narrow. The needs of the Law School became, therefore, a strong argument for the speedy removal of the under-graduate work to University Heights, and the erection of a new building at Washing- ton Square. Probably never was a law school housed as was this school in the year 1894- 1895. A temporary wooden house was built among and around the iron col- umns of the first story of the new building, which had been begun in May, 1894. In this house lecture rooms were provided sufficient to receive the Law School. Out- side was the noise of the hammer and windlass. Inside, the work of the Law School, under Dr. Abbott, went steadily forward. In the spring the Council was able to place the eighth floor at the command of the School, and on October 1st, 1895, the present quarters were com- pleted and occupied. Dr. Abbott's administration, which continued for five years, from 1891 until his death in 1896, was eminently successful and marks a distant epoch in the history of the School. It was marked by so many features which were wanting in the former years, that it is difficult to recog- 33 nize the School of i89i-'96 as the School of i8s8-'9i. The distinguishing and pre-eminent changes were, a new method of instruction, the addition of the Graduate Classes, the growth of the Library, and the merging of the Metropolis Law School. As stated, the method of instruction up to the accession of Dr. Abbott was the same as that outlined by Mr. But- ler. Professor Jaques himself characterized it as follows : "The theory of legal education pursued in the school was the study of rules co-ordinated and classified, combined with the study of cases. Systematic knowledge of prin- ciples indispensable even to a profitable study of reports. The reported case is like the moral tale or fable, the con- crete statement making a more vivid impression than any abstract precept." Upon the reorganization in 1891 "radical changes were made from former methods." The changes made were nothing more than the free application of the principles of modern education to professional study with the resources of a University. In a report to the Council, Dean Abbott observed : "The methods of instruction have been en- larged and diversified by the suggestions of experience as we have gone on. Some parts of all subjects are taught by lectures. A very few subjects are taught wholly by lectures. Some study of nearly all subjects is by text- books. "Some subjects are taught by cases, and some instruc- tors teach entirely by cases. In our judgment, it is better that a student should have some training under each of the approved methods of instruction, for this broadens his view and prepares him the better for his professional experience. On some subjects . . . the lectures are 34 aided by the printed statute in the hands of the class to study and construe as the exposition proceeds. In some subjects the exposition is assisted by chronological tables and charts behind the lecturer, which aid the student's effort to survey the whole field at once and hold in mind their salient points in relation to each other. And on some subjects other difficulties requiring interpretation or complex questions of title or lien and the useful instruc- tions of legal analysis and the co-ordination of different principles are aided by the use of the blackboard." As an aid in following out the above ideas, the "Law School Helps" were introduced. They were printed by way of illustration of different subjects, and during the period of Dr„ Abbott's term, they reached seventeen in number. They consisted of copies of precedents, of statutes, of monograms, and lectures on the study of law, on the duties of lawyers, and in several instances, of re- prints from Abbott's Briefs. It is but fair to state that Dr. Abbott was wedded to no one method of instruction. He was a free lance in all methods. Results were the desired end. His fundamental idea was that the world needs a trained bar, and that the function of a law school is to give the most thorough and perfect training practicable before an actual entry into practice. Law to him, as it is to all, was not a chrysallis, but a growing, living organism, and the science of law should be adapted to the life of the commonwealth, making it a "jurisprudence of utility." Dr. Abbott came to the duties of an instructor at the age of sixty, with no previous training along that line and with no fixed ideas as to methods. It was to be expected that his first years of service were to be passed in an attempt to solve, 35 to his own mind, the problem of what was best. His term of office, cut off by his untimely death, was only too short to answer the problem to his own satisfaction. The year 1893 marked the first attempt on the part of the Law School to publish a periodical which should be representative of the School. Under Dr. Abbott's direc- tion, "The University Law Review" was launched. "The object of the Review is to 1 promote the scientific study of actual law. . . ." "By actual law, we mean the law in force to-day. . . . "By study of the law we mean not so much the academic methods which the be- ginner pursues, but that larger sense in which all pro- fessional men are students." Such it became, and from the beginning up to Dr. Abbott's death, it wielded such an influence. Upon his death it was continued through the third volume, and then was suspended because of the larger problems confronting the School. No part of the expense of publication and editorial work was ever borne by the School. Dr. Abbott inaugurated, paid the initial expenses, and continued the Review until such time as it practically paid for itself. Up to 1891 no degree other than the LL.B. Had ever been granted upon examination by the University. At this time, at the suggestion of Dr. Abbott, the graduate courses were inaugurated, the successful completion of which entitled the students to the degree of Master of Laws. They were intended for those holding the Bache- lor's degree and for "members of the bar," both of whom were admitted. Here was to be continued the scientific study of the law, i. e., "the examination and application of the existing law by considering it in relation to other parts of the law, to other sciences, and to the welfare of 36 the community." At first, efforts were made to get from actual practice a knowledge of the law that cannot be found, as yet, in books. Gradually, courses on historical jurisprudence, and courses in advance of those topics taught in the undergraduate course, were added. These courses have attracted a number of students, for from 1892 to 1903 inclusive, 124 received the degree upon ex- amination. In 1895 admission for the degree was re- stricted to those holding the Bachelor's degree while five courses (covering five hours) were required. Mention has already been made of the nucleus of the Law Library in the generous gift of John Taylor John- ston made in i858-'59. Owing to the peculiar situation of the school as a preparatory one, and the fact that for many years the income from fees for tuition barely gave to the Professors in charge living salaries, accessions to the Library from 1858 to 1891 were few and far between. Indeed, it may be said that practically no books were purchased, the accessions being in the shape of gifts. It is not known just how many volumes there were, for the reason that library economies embracing records, etc., were not introduced into the library until 1892. Several small collections were also donated by one or two publishers of law books during this period. The room devoted to the library up to 1889 was not commodious and not well lighted. It was on the second floor of the old building. In 1889 it was removed to the first floor, in a room which was larger, lighter, better ventilated, and convenient, but no increase came in the library until 1891. At this time the collection amounted to about five thousand volumes. Upon the accession of Dr. Abbott to the Deanship, the importance of a well- 37 equipped library was recognized by the purchase of about three hundred volumes, and the gift of Mr. David Banks, of the Council Committee on the Law Library, increased the number by two hundred. From this time until 1895, when the library was moved into its new quarters in the new Washington Square Building, the accessions were scattered and few. No catalogue to speak of had been made, and not one single economy introduced up to 1892. The library was open only from 9 a. m. to 6 p. m. Upon entering the new quarters the library came in with a com- plete catalogue, properly classified and with the modern economies introduced. It was immediately opened and increased by the generous gifts of Messrs. Abner C. Thomas and Clarence D. Ashley, representing the Metrop- olis Law School, who presented to the Library over five hundred volumes which were greatly needed. Following these gifts, came the gift of J. W. C. Lev- eridge, Esq., for many years a member of the Council, amounting to 554 volumes ; and a further gift of Mr. David Banks of 148 volumes. These gifts brought the Library up to something like 8,000 volumes. No sys- tematic purchase of books was begun until i896-'97, when, through the efforts of the then Librarian, a systematic purchase of books was begun. At this time, not a single set of reports was complete, and an effort was made and has continued to secure all current reports, and as rapidly as possible to complete sets already owned, and to secure new and original ones. In 1897, Mrs. Margaret L. V. Shepard presented to the Library the collection of law books owned by her husband, the late Elliott F. Shepard. This collection numbered 1,390 volumes, and was a great boon to the school, duplicating as it did several important 38 sets, where duplicates are most needed, and otherwise in- creasing the usefulness of the Library. In 1900 there came to the Library 954 volumes through the bequest of the late Chief Justice Daly. This collec- tion added greatly to the material equipment of the school, abounding as it did in historical treatises and rare vol- umes of cases. The Library of to-day numbers roundly 18,000 vol- umes, of which more than 6,000 have been purchased since i8g6-'gy. It is situated in a large, well-lighted, and well-ventilated room on the tenth floor, and is 52 ft. x 100 ft. in size, with conveniences as to stacks, desks and general accommodations the equal of any in the State. The balcony and floor contain stack room for 20,000 volumes, while the room can accommodate nearly 200 readers at one time. It is open from 9 a. m. to 11 p. m. every day during term time ; is presided over by trained assistants, and is to the school what it ought to be, a well- equipped work shop. In 1890, Charles Butler, Esq., whose long service on the Council and generous interest in the University will be ever remembered, provided an endowment consisting of $5,000 for the "Butler Law Prizes," in memory of his brother, Benjamin F. Butler, who will be recognized as the founder of the school and its first professor. The income of this fund is used for three prizes in the Senior class of $100, $60, and $40, respectively, to the students ranking first, second, and third in that class. This is the only real endowment fund that the School possesses. In 1889 Elliott F. Shepard, Esq., established a tuition scholarship to bear his name for a period of five years. Mr. Shepard continued this scholarship during his life- 39 time, and his widow, Mrs. Margaret V. Shepard, has generously continued it to the present time. This scholar- ship is awarded as first honor to the student of the Junior class maintaining the highest rank, and covers tuition for the Senior year. For may years the School has main- tained a system of scholarships and prizes. To the three students of the Junior class maintaining the rank of second, third, and fourth, are awarded Fac- ulty scholarships, which cover tuition for the succeeding year of work; to the students of the Senior class two prizes of $100 each, one for the best written examination and one for the best oral. In 1896 oral examinations were done away with and the method already outlined under the Butler prizes introduced. In the evening, two prizes of $75 and $50 respectively have been maintained in each class, the money going to the students who rank first and second in their respective classes. Beyond these, no provision has been made for scholarships. It seems to be a well-recognized provision that the professional training school shall be free from scholarships. Be that as it may, a few scholarships might well be awarded in such a way as to redound to the credit of the school, the success of the bar, and the 'welfare of the student. In i8o4-'95 negotiations were entered into between the officers of the University and the officers of the Metropo- lis Law School looking forward to a consolidation. This institution was chartered by the Regents of the State of New York in 1891, and the work had been chiefly confined to giving instruction in the evening. At this time the Metropolis School maintained a standard of admission in advance of the University ; it also required a three-years' 40 course for graduation, and the method of instruction was modeled after that made so popular at Harvard by Pro- fessor Langdell. It was in every respect a model school, with a complete corps of able instructors, an enthusiastic body of students numbering about 180 at this time, and a circle of friends and adherents whose interest was sig- nificant. As against this we find the University School with a much lower requirement for admission, a two-years' course, and a method of instruction almost the direct opposite from that of the Metropolis. The negotiations were successful. Friction was avoided by practically maintaining the two schools separate and distinct from each other for a period of years. The University School continuing on as before with its requirements, methods, and instructors, and the Evening Department continuing on with practically all of its old instructors, its methods, and the time required for graduation. Only in one in- stance did the Evening Department give way, and that was in the requirements for admission. Under their char- ter, they were bound by the Regents of the State, while the University was bound only by its charter, a grant of the Legislature in 1831. To work these two departments harmoniously was no mean task. The school was happy in being able to secure Professor Clarence D. Ashley to act as Vice-Dean in charge of the Evening Division, who was to associate with Dr. Abbott in the control of the schools. No combination could have been happier, and that no friction ever de- veloped is due to the regard and respect that these men paid each to the other. This relationship continued for only one short year, however. The consolidation was effected in October, 1895, and in April, 1896, Dr. Abbott 41 died. The consolidation seemed more than fruitful in results. In i894-'95 the total registration of students in the University School numbered 281, while in the Metrop- olis, 176. In i895-'96 the combined registration num- bered 527, an increase of seventy students. Austin Abbott was a member of a family distinguished for two generations in literature, professional and general. His father, Jacob Abbott, clergyman and teacher, wrote something like 200 volumes. He was born in 183 1 and was one of four sons, all of whom graduated from New York University, two enter- ing the Law, Austin and Benjamin Vaughn, while two entered the ministry. Dr. Abbott was admitted to the bar in 1852, and at once applied himself to the field of legal literature. Collaborating with his brother, Benjamin Vaughn, they together issued in rapid succession, "Abbott's Digest of New York Decisions," and "Abbott's Practice Reports," in 35 volumes ; the "Digest of National Decisions," in 12 volumes, and "Forms of Pleading," in two volumes. After twenty years of joint work the brothers divided their work. Thereafter Dr. Abbott published "Abbott's Court of Appeals Decisions," four volumes ; "Abbott's New Cases," 31 volumes, and an "Annual Digest of New York Decisions," which he continued to his death. In 1880 he published his "Trial Evidence," his first treatise. Thereafter followed in quick succession his "Brief Books," four in number, which gave to the profession an invaluable presentation of subjects of immense practical importance. He became Dean of the Law School in 1891. For the five years following he published only two volumes, his "Select Cases on the Examination of Witnesses" and 42 "Select Cases on Pleading'." Coming to the Deanship at the age of sixty, law school work became the controlling motive in his labors, and so continued, all other labor being subordinated to this new field. His work in the school has already been outlined. The School stands much in his debt, and had his life been spared his work as an educator would surely have equaled if not surpassed his fame as a legal author. "For many years Dr. Abbott stood as a commanding figure in the field of legal literature. Slight, though tall and erect in stature, his slender form supported a head of marked intellectual powers, impressing an observer with the complete domination in his personality of the mental over the physical. This impression deepened upon every advance in acquaintance. Those who knew him intimately found him unaffected by any conceit of knowl- edge, exceptionally modest and gracious of demeanor. No man of modern times has been so devoted to research in law, or has placed such rich stores of erudition at the command of his professional brethren. His life work will never be forgotten or outgrown, but will ever play an inseparable part in the continued progress of the law." 43 The School of To-day Just as the periods heretofore mentioned stand in prom- inent contrast, so the school of to-day stands in contrast to the period which immediately preceded it, for the changes made were more direct and radical than any which had before been made. They may be summarized as follows : (a) The introduction of the study of law by cases. (b) An increase in the requirements for the degree. (c) An increase in the requirements for admission to the school. (d) The growth of the Law Library. (e) The introduction of numerous additional courses of study to the curriculum. (/ ) The introduction of work covering all hours of the day and on Saturdays. (o-) The granting of the degree of Doctor Juris for work done in the school. Upon the death of Dr. Abbott, in January, 1896, Vice- Dean Ashley continued as Acting Dean for the balance of the school year, and was elected to the Deanship in Octo- ber of that year. The work of the school for the balance of the year following Dr. Abbott's death was undisturbed, Dr. Abbott's work being cared for by Professors Tiede- man and Alden. In October, 1896, Professor Ashley took the major portion of Dr. Abbott's hours, and a course of lectures on Equity Jurisprudence was delivered by the Hon. Wm. Wirt Howe and Professor Miller, of the even- ing school, took up the work of the Code. Professor Tiedeman resigned in June, 1897, and in October, 1897, Professors Kenneson, Sommer, and Arthur Rounds, of 44 CLARENCE D. ASHLEY, LL.D. Dean 1896-. the evening school, together with Professors Ashley, Rus- sell, Erwin, and Miller constituted the "Day" faculty, and have since continued the work, with several addi- tions to the faculty. The instructors from the Metropolis Law School brought with them in 1895 the "method" of teaching law by means of selected cases, and when they took up the work of the "Day" school naturally introduced that method into their classes. This is no place for a discus- sion of "system" or "methods" of instruction, for the sub- ject has been duly threshed out and properly weighed. It is enough to say that teaching and studying law by means of cases is now firmly established in the best schools of the country, and that its adherents find it satsifactory and efficient both to student and instructor. In our own school it has been fruitful of results, and perhaps the best argument we can find for it is that our instructors who were brought up under and were taught the older "method" of text book immediately adopted the cases and are now firm and enthusiastic adherents of it. We pause here for a moment to speak of Professor Christopher G. Tiedeman. Professor Tiedeman came to the Law school in 1891 — having been an instructor in the Law School of the University of Missouri. He continued his work in our school, teaching Real Property and Com- mercial Paper for six years, and resigned in June, 1897. For some years thereafter he continued his literary work, and in 1901 was chosen as Dean of The Buffalo Law School. The profession at large was shocked at his sud- den death in August, 1903. His legal works on Real Property, Police Power, Constitutional Development, Commercial Paper, and other subjects have made his name 45 permanent. The University honored him with the degree of Doctor of Laws in 1896, and the students of the school during the years he served it remember with gratification and pride the kindly, courteous and learned gentleman that he was. In 1 89 1 the hours for recitation covered eight hours per week, the regular lectures being from 3 .'45 to 5 :45, while Friday was used for moot court work. This schedule was also carried out during the years 1891 to 1896. In 1897, the Faculty determined to begin the work at 3 130, to con- tinue it to 6 p. m., and to omit the moot court work alto- gether. By this method they added 4j4 hours of work per week to the requirements, making a minimum of 12^2 hours per week of required work. They also abolished the special lectures, so that the entire time was devoted to the actual study of the important subjects of the curri- culum. Mention has already been made of their reasons for abolishing the special lectures, and the same reasons will apply to moot court work. The return for the time and labor expended in moot court work is so small to the student that it seemed advisable to drop it. Elective as they were, the attendance was small, and often confined to those students directly assigned to the work, and it was therefore decided to discontinue them and devote the time to the more important work of the school. In the places of the special lectures and moot court work there have been introduced "practice courses," which have been found to be far more effective and attractive — where the work under an experienced instructor is both direct, effi- cient and thorough. These courses are open to all the students of the school — and are as much a portion of the work of the school as any other subject; examinations 46 being required of those who elect them and the work con- ducted in much the same way. Along this line, the work required in 1891 for the degree of LL.M. was four hours of work, covering as many spe- cial subjects. This was soon increased to five hours, and was limited to those who held a first degree in law. In 1898, the present faculty increased the work required to eight hours per week, and the submission of a thesis on some approved legal topic, which thesis must not be more than 10,000 words in length, and must be unani- mously approved by the faculty. This requirement is re- garded as requiring from two to four hours per week in its production. The theses are bound and preserved in the Library. In 1895, the requirements for admission to the school as a candidate for a degree was placed oh a par with the requirement of the Court of Appeals for admission to the Bar of New York. This requirement was either a Regent's certificate covering twenty-eight counts, or about two years of high school work. The Faculty regarded this as insufficient, and while adhering to it for a few years, in 1900, restricted the admission to students as candidates for a degree to those who are graduates of high schools maintaining a four-years' course, or its equivalent, the Regent's Academic Diploma. The added requirement has been found advantageous in giving far better class- room work, and, as has been said, places the school in line with the best schools of the country. The Law Library has already been mentioned, and it but remains to say that beginning with 1895 a more active and determined stand was taken by the Faculty in respect 47 to placing this most necessary adjunct of the school on a substantial and permanent basis. The Library accordingly became a subscriber to all re- ports published, and has endeavored to secure the original reports of all the States. From 1895 to the present over 6,000 volumes have been purchased, including the reports of all the States save six of the Southern States, the orig- inals of which are exceedingly scarce, and difficult to pur- chase. The English and Canadian reports are complete and as far as is possible and necessary the Library is in receipt of the later text books. It is kept open eighty-four hours per week, and the wisdom of the Faculty Committee in charge, in their endeavor to constantly better it, is proven by its continued and increased use. It is limited in its use to the students of the school, but the Alumni are ad- mitted upon cards which are issued by the Secretary and which allow its use during the hours when the rooms are not filled by the students. The increase of the hours of work required gave the Faculty an opportunity to add to the curriculum a number of courses upon subjects which had not before been given. But the subjects deemed necessary to a well-rounded curri- culum could not be given within the limited time, known as the regular hours of recitation. An experiment was tried of offering certain courses to such students as cared to attend in the morning and early afternoon. The ex- periment proved a success from the beginning, and prompted the introduction of other courses so that from nine o'clock on Monday morning until six p. m. on Satur- day night some one or more courses are being conducted. The rapid increase of these courses in number and in 48 the importance of the subjects, led the faculty to the con- clusion that it was not wise to limit a student to stated subjects and recitation hours — but to say to him: "You are required to cover 26 hours of recitation per week for the two years you are here, or, in other words, 13 hours per week. You may select such hours as may best suit your convenience, morning, afternoon or evening, and you may further select any subjects you desire, subject to the condition that the subjects of Contracts, Torts, Real Property, Equity, Evidence and Bills and Notes must be taken." Subjects are given which cover sixty hours per week, so the student is not put to any inconvenience to select his work. No student is confined to the minimum number of hours, but is told that he is at liberty to take as many subjects as he pleases, the one tuition fee admitting to all classes. If the work is entirely in the evening, the student is re- quired to take three years, each year covering ten hours per week. The success of this arrangement has proved most grati- fying and satisafactory, and the usefulness and efficiency of the school has been greatly increased thereby. To-day courses are offered on : Contracts Wills Torts Equity Jurisdiction Sales Evidence Agency Partnership Property Corporations Procedure Bills and Notes Criminal Law Equity Pleading 49 Quasi Contract Mortgages Common Law Pleading Trusts Carriers Personal Property Insurance Patents Damages Conflict of Laws Surrogate's Practice Admiralty Elementary Jurispru- International Law dence Advanced Property Constitutional Law Surety and Guaranty Statute of Frauds It is not believed or expected that each student will cover each and every of the courses given above, but aside from the required subjects enough can be taken to give him an excellent foundation for his work in the years to come. In 1902 Arthur C. Rounds retired from the Faculty. Professor Rounds is a graduate of Amherst College and of the Harvard Law School. He became an instruc- tor in the Metropolis Law School in 1893, and came to the University in 1895. From 1897 to 1902, Pro- fessor Rounds taught the subject of Partnership in both divisions of the school. He had won the respect and ad- miration of his classes and of the Faculty, and it was with a feeling of regret that he was allowed to sever his con- nection with us — in order to devote his time more closely to his practice. In 1901, Charles F. Bostwick retired from the Faculty, where he had taught the subjects of Special Statutory Procedure and Corporations for several years, beginning with the year 1894. These -classes were origin- ally denominated as "Graduate Classes," and were among t 5° o o h U w the successful courses of the school. His resignation was due to the active demands on his time and practice, and he carries with him the respect and regard of both stu- dents and faculty. The latest innovation in the school of to-day is the reso- lution of the Faculty to grant the degree of Doctor Juris for work done in the school. For a long time the Faculty has recognized that there was an apparent inconsistency in the legal degrees. A college graduate might take a course in Philosophy, or Pedagogy, or Science, in Medi- cine or Dentistry, and after three or more years secure the Doctor's degree — while the legal degree obtainable was that of Bachelor of Laws. The Faculty, trying to solve the problem, determined that beginning with the year 1903 the school would grant the degree of Doctor Juris to students who entered the school with the Bachelor's degree in Arts, Philosophy or Pure Science, and who successfully pursued a three-years' course covering not less than fourteen hours per week, or a total of forty-two hours for the course. The resolution was heartily supported by the Council of the University, and in October, 1903, a number of students were enrolled as candidates for the degree. The reception of this step on the part of the Faculty by the public may well be voiced by the following edi- torial from the New York Tribune in its issue of January 25, 1903- "An interesting and hopeful step has just been taken by the New York University toward an adjustment, or readjustment, of the relationship between collegiate and university courses of study and between their respective degrees. This university, in common with the great 5i majority of its fellows, does not think it desirable to insist upon the baccalaureate degree as prerequisite to admission to all of its professional or post-graduate schools, though it does encourage such acquisition of that degree when practicable ; and it is emphatically opposed to lowering the value of the baccalaureate degree by conferring it after only a two-years' course. At the same time it recog- nizes the desirability of discriminating, especially in its law school, between those who have and those who have not previously pursued a full college course and received the bachelor's degree. Accordingly, it has decided upon the following arrangement : Its ordinary law course, leading to the degree of LL.B., or Bachelor of Laws, and quali- fying students for admission to the bar, will be main- tained as at present, and will be open to properly prepared students, whether they are college graduates or not. It will also conduct a law course leading to the degree of J.D., or Doctor of Law, which will be open to only those who have received the baccalaureate degree from colleges of approved standing. "This arrangement seems to be logical and consistent. It simply provides for doctorates in law, conferred in course, just as in medicine, philosophy and other depart- ments of learning. For such an end the degree of Doctor Juris is well suited. That of LL.D. is by universal prac- tice and consent an honorary degree. That of D.C.L. is used in course by at least one American university of the highest standing, but it is liable to be confounded with the same degree conferred as an honorary one by other insti- tutions. There will be no mistaking the purport of J.D. Moreover, it is consistent with other features of the uni- versity system. Thus, while any qualified person may 52 pursue a post-graduate course, only one who has a bac- calaureate degree may secure a Doctorate of Philosophy. So the master's degree in pedagogy may be won by a high school graduate, but the doctor's degree by none but a collegiate bachelor. The doctor's degree in medicine is given, it is true, to' others than bachelors ; but that prac- tice seems to be justified by the greater length — four years — of the professional course in medicine. As a matter of fact, moreover, a large proportion of medical students are holders of baccalaureate degrees. "It may be that Americans, as has often been said, are too fond of these titles and place too much value upon them. What is certain, however, is that so long as academic and professional degrees are conferred, each of them should have a well-defined meaning and a standard significance, and there should be an equitable bestowal of degrees upon members of the various professions. There has hitherto seemed to be some injustice in providing that while one who is not a college graduate may become a doctor in medicine, even the most worthy college gradu- ate shall not become a Doctor in Law ; and there has seemed to be a deplorable lack of encouragement to higher culture in giving the college graduate no higher standing than the non-graduate at the law school commencement. It will be of much interest to watch the application and re- sults of New York University's new scheme, which at first sight certainly seems to promise a happy solution of a long-vexing problem." Thus ends the story of the Law School. Conceived in the hope and desire for the better training of the bar, it struggled hard for an existence and more than once was perilously near to dissolution. Dormant for a time, it 53 revived, and has been active and earnest in its work from 1858 to the present time. From the time of its revival to the present, 8,494 students have been instructed in its class rooms, of whom 2,314 have received degrees and gone on into the arena of life. Proud of the numbers who have laid here the foundation for active life, rejoicing in its past as a factor for good, hopeful and enthusiastic for the present and future, the University Law School stands, a tower of strength for usefulness, for good, and for high ideals in the community at large. 54 Presiding Officers of the Faculty Benjamin F. Butler, LL.D 1835-1856 Thomas W. Clerke, LL.D 1858-1864 John Norton Pomeroy, LL.D 1864-1870 Henry E. Davies, LL.D 1871-1881 Aaron J. Vanderpoel, LL.D 1881-1887 David R. Jaques, LL.D 1887-1891 Austin Abbott, LL.D 1891-1896 Clarence D. Ashley, LL.D 1896- 55 Professors and Instructors Benjamin F. Butler 1835-1856 William Kent 1837-1839 David Graham, Jr 1837-1838 Thomas W. Clerke 1858-1870 Levi S. Chatfield , 1858-1859 Theodore Sedgwick 1858-1859 Peter Y. Cutler 1858-1862 William B. Wedgewood 1858-1864 George H. Moore 1858-1888 John Norton Pomeroy 1864-1870 Benjamin Vaughn Abbott 1864-1865 E. Delafield Smith 1871-1876 David R. Jaques 1871-1891 Charles Francis Stone 1871-1881 Isaac Franklin Russell 1881- Austin Abbott 1891-1896 Christopher G. Tiedeman 1891-1897 Henry Wymans Jessup 1891-1893 Frank Alexander Erwin 1893- Charles F. Bostwick 1893-1901 Carlos C. Alden 1894- Morris Putnam Stevens 1894- Clarence D. Ashley 1895- Thaddeus D. Kenneson !895- George A. Miller 1895- 56 Frank H. Sommer 1895- Arthur C. Rounds 1895-1902 Ralph S. Rounds 1895- James L. Steuart 1896-1902 James Hillhouse 1897-1898 Leslie J. Tompkins 1898- Alfred Opdyke 1899-1901 Francis W. Aymar 1901- Edward H. Sanford 1901- William F. Walsh 1902- William B. Whitney 1902- 57 Lecturers 1866 Aaron J. Vanderpoel, Esq., Frauds on Creditors 1869 1866 Erastus C. Benedict, LL.D., Admiralty. . . . 1869 1866 Walter R. Gillette, M.D., Medical Jurispru- dence 1869 1866 Benjamin N. Martin, D.D., Legal Ethics. . . 1870 1 87 1 Austin Abbott, LL.D., Preparation for Trial 1891 1885 Cephas Brainerd, LL.D., International Law. 1897 1885 William Allen Butler, LL.D., Admiralty. . . 1897 1885 Joseph S. Auerbach, LL.D., Corporations . . 1896 1885 Amasa A. Redfield, LL.D., Testamentary Alienation 1897 1885 Hon. Charles F. MacLean, Criminal Law.. 1897 1886 Melville Egleston, Esq., Carriers 1889 1886 John E. Parsons, LL.D., Wills 1897 1887 Hon. Meyer S. Isaacs, Titles to Real Estate. 1897 1 891 William G. Davies, Esq., Life Insurance. . . 1897 1895 Hon. Abner C. Thomas, Real Property. . . . 1900 1896 James Hillhouse, Esq., Parliamentary Law. 1897 1896 Ernest G. Sihler, Ph. D., Roman Law 1900 58 Students in Attendance New York University Law School Year. Students. Year. Students. 1858-59 56 1889-90 142 1859-60 67 1890-91 180 1860-61 79 1891-92 235 1861-62 70 1892-93 193 1862-63 70 1893-94 210 1863-64 75 1894-95 263 1864-65 16 1895-96 5ii 1865-66 25 1896-97 562 1866-67 25 1897-98 574 1867-68 25 1898-99 592 1868-69 30 1899-00 596 1869-70 25 1900-01 582 1870-71 29 1901-02 552 1871-72 34 1902-03 631 1872-73 35 1903-04 615 1873-74 32 1874-75 55 Total 8118 1875-76 68 1876-77 82 1877-78 1878-79 1879-80 1880-81 1881-82 1882-83 1883-84 1884-85 1885-86 72 63 90 57 70 39 25 61 62 W< 1890-91 4 1891-92 7 1892-93 7 1893-94 7 1894-95 14 1895-96 16 1896-97 32 jmen. 1897-98 33 1898-99 35 1899-00 38 1900-01 45 1901-02 50 1902-03 42 1903-04 46 1886-87 69 Total 376 1887-88 77 1888-89 107 Grand total, 8494. 59 Degrees Granted Year. LL.B. Year. LL.B Women . Total. 1859 8 1892 85 3 88 i860 24 1893 66 2 68 1861 20 1894 64 3 67 1862 36 1895 64 8 72 1863 25 1896 134 6 140 1864 21 1897 112 9 123 1865 5 1898 108 9 117 1866 12 1899 95 10 105 1867 4 1900 114 7 121 1868 11 1901 96 7 103 1869 10 1902 132 11 143 1870 11 1903 100 12 112 1871 8 1872 24 Total 2191 1873 27 1874 22 187S 40 LL.M. 1876 33 1877 57 Year. Men. Women. Total. 1878 48 1879 39 1893 4 4 1880 73 1894 6 6 1881 37 1895 6 6 1882 43 1896 8 1 9 1883 25 1897 . 17 2 19 1884 15 1898 13 3 16 1885 26 1899 15 4 19 1886 25 1900 14 3 17 1887 27 1 901 14 2 16 1888 29 1902 5 5 1889 36 1903 3 3 6 1890 54 1891 57 Total 123 Grand total — 2314 60 A partial list of honors that have come to the graduates of the Law School. (Note. — The following list is by no means complete, but it is all that the records at present show. It will be regarded as a favor if any of the Alumni interested will make additions and corrections and send them to the Registrar of the school at Washington Square, N. Y. City.) Secretary of War. Elihu Root, LL.D., Class of '67. Justices of the New York Supreme Court. Willard Bartlett, '68. Ernest Hall, '67. David Levintrett, '72. Martin J. Keogh, '75. John Woodward, '81. James A. O'Gorman, '82. Edward E. McCall, '84. Vice Chancellor Court of Chancery, New Jersey. Eugene Stevenson, Class of 1870. Justices of City Court, New York City. Meyer S. Isaacs, '62. Ernest Hall, '67. Simeon B. Ehrlich, '78. Justices of District Courts, Civil and Criminal. James A. O'Gorman, '82. Benjamin Hoffman, '85. George F. Roesch, '96. Wauhope Lynn, '82. Charles E. Simms, '83. Henry J. Furlong, '95. Hermann Joseph, '78. E. Gaston Higginbotham, 93. Calvin D. Van Name, '77. Walter L. Durack, '85. Thomas F. Grady, '76. Joseph H. Steinert, '77. Thomas S. Henry, '68. 61 District Attorneys. Elihu Root, LL.D., '67, for So. Dist. of New York, United States. Asa Bird Gardiner, LL.D., '60, for New York County. George W. Davidson, '93, for Queens County. riayor of New York City. Smith Ely, Jr., Class of '62. Commissioners of Departments, New York City. Charles A. Knox, '72. David E. Austin, '77. Borough Presidents, New York City. Jacob A. Cantor, '75. J. Edward Swanstrom, '78. President of Board of Aldermen, New York City. Randolph Guggenheimer, Class of 1870. Representatives in Congress. J. A. Geissenheimer, '60. Edward Swan, '98. Senators of New York State. Charles P. McClelland, '82. Victor J. Dowling, '87. Eugene F. O'Connor, '82. Samuel S. Slater, '76. John H. Strahan, '67. Nathaniel A. Elsberg, '93. 62 FEB IS 1904