USA > Indiana > Courts and lawyers of Indiana, Volume II > Part 9
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After a lapse of nine years the university decided to reopen the law department and in the fall of 1871 Alexander C. Downey was again placed at the head of the department. Among the lecturers of the department during 1871-72 may be mentioned Solon Turman, Addison Daggy, Frederick T. Brown, Delano E. Williamson and William A. Brown. Seven- teen students were enrolled during the year 1871-72. The two succeeding years (1872-74) showed that the attendance hardly justified the continuance of the department, since there were only ten students in 1872-73, and but six during the following year. William A. Brown was dean of the law school during these two years and with the close of the school year in 1874, it was decided to discontinue the department. For seven years the university was without a law department. In the fall of 1881 John Clark Ridpath was made the dean of the law department by the board of trustees. Professor Ridpath was assisted in the department by Jonathan Birch, Granville C. Moore and Henry H. Mathias. Twelve students were en- rolled during the year 1881-82, but it was felt that the attend- ance hardly justified the maintenance of the school. Conse-
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quently the department was discontinued in 1882, but two years later the board of trustees for the fourth time estab- lished a law department.
The law school, as re-established in 1884, was destined to maintain a successful career for the next decade. Alexander C. Downey was made dean of the law school and continued in this capacity until 1890. Henry M. Mathias, Jonathan Birch and Granville C. Moore assisted Dean Downey as long as he was in charge of the school. During the year 1886-87 Joseph Carhart and James R. Weaver lectured before the school. The attendance from 1884 to 1890 was very satisfac- tory, the enrollment being as follows: 1884-85, 17; 1885-86, 55; 1886-87, 25; 1887-88, 27; 1888-89, 24; 1889-90, 30.
In 1890 Augustus Lynch Mason became dean of the law department and continued as head of the school until 1893. During 1890-91 Dean Mason was assisted by Henry H. Mathias, Jonathan Birch and Granville C. Moore. The fol- lowing two years, James R. Weaver, Byron K. Elliott, William P. Fishback, John L. Griffiths and William F. Elliott were lec- turers in the department. During these three years (1890-93) the attendance was 49, 48 and 51, respectively.
In 1893 Charles F. Coffin was elected dean of the law de- partment. His assistants were Silas A. Hays, William F. Elliott, James R. Weaver, John L. Griffiths and William P. Fishback. Although the attendance during this year (1893- 94) was 37, the board of trustees decided to discontinue the department. The University has not maintained a law de- partment since 1894.
During the continuance of the law school, a total of one hundred and eighty-seven students received the degree of Bachelor of Laws, and many more than that number received part of their legal education in the university. The school was always in charge of the best lawyers obtainable and many of its graduates later became prominent members of the bar.
TRI-STATE COLLEGE LAW SCHOOL, ANGOLA.
Tri-State College, located at Angola, Indiana, established a law department in 1902 and placed it in charge of D. R.
(31)
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Best, as dean, one of the leading members of the bar of that city. Dean Best has remained at the head of the department since it was organized. He has been assisted by the strongest members of the local bar, viz .: A. C. Wood, E. A. Bratton, C. C. Carlin and C. A. Yotter. The late Frank Powers, who died in February, 1915, while on the Appellate bench, was a valued instructor, as was the late J. A. Woodhull.
The course covers two years. The department combines the lecture, text book and case methods of instruction in such a way as to secure the best results. Moot courts are main- tained and, as far as possible, they are made the counterpart of real courts. Since the establishment of the department in 1902 there has been a total of thirty-five students enrolled, ten of whom have graduated. During the year 1915-16 the department enrolled six students.
The college has no law library, but the students have access to the Circuit court library and the private libraries of the members of the bar in Angola. The standard text books, such as Kent, Readfield, Parsons, Greenleaf, Cooley, Addison, Big- low, Story, Dillon, Kerr, Roher, Bishop and Washburn, are used. The first year's course covers Elementary Law, Con- tracts, Criminal Law and Procedure, Torts, Domestic Rela- tions, Agency, Evidence, Real Property, Personal Property and Sales and Municipal Corporations. The second year's course covers Code Pleading, Constitutional Law, Equity Jurisprudence, Mortgages and Liens, Partnership, Private Corporations, Court Practice, Wills and Administration, Dam- ages and Legal Ethics.
INDIANA LAW SCHOOL, INDIANAPOLIS.
The Indiana Law School, the department of law of the University of Indianapolis, was organized in 1894. Promin- ent in the organization were Byron K. Elliott, William P. Fishback, Addison C. Harris, John R. Wilson, Charles W. Fairbanks and William C. Bobbs. Mr. Fishback was chosen the first dean and held that office until his death in 1901, when he was succeeded by the present dean, James A. Rohbach. The school was practically a lecture school until 1899, when, under the direction of Mr. Rohbach, who was then secretary
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of the faculty, the course of instruction was changed largely to the text-book and case method. In recent years the school has developed the case method as the foundation of instruc- tion in all principal courses. A two-year course of study was conducted from the foundation of the school until 1916, when the course was enlarged to three years' work and the requirements for admission were materially raised.
Students have access to the state law library, the Indian- apolis Bar Association library, the state and city general li- braries, besides the school library. Students have opportunity to study judicial procedure from the actual trial of causes, as the Supreme and Appellate courts of the state, the Marion county courts, the United States courts, and the municipal courts are in session continuously throughout the school year.
Graduation from the Indiana Law School entitles the stu- dent to be recommended for admission to practice, without further examination, in the state of Indiana. Every candi- date for the degree of Bachelor of Laws must successfully pass an examination upon all the subjects of the entire course of study, with a grade of not less than seventy-five per cent. in each subject.
The faculty at present is as follows: James A. Rohbach, Addison C. Harris, Charles W. Moores, Henry M. Dowling, Edward M. White, William F. Elliott, James M. Ogden, Wil- litts A. Bastian, Frank B. Ross, Howard W. Adams, Fremont Alford, Harry C. Hendrickson, Richard V. Sipe and Noble C. Butler. The dean's office is at 1117-18 Law building. The school is located on the third floor of Castle Hall on East Ohio street, between Delaware and Alabama streets.
BENJAMIN HARRISON LAW SCHOOL, INDIANAPOLIS.
The Benjamin Harrison Law School is a combination of and a successor to the Indianapolis College of Law and the American Central Law School. The former was organized in 1898 and the latter a few years afterward. The school now has class rooms on the third floor of the Lemcke Building, Indianapolis. It was founded as an institution where ambi- tious persons, including those engaged in daily vocations, might pursue a thorough and standard course of legal study
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at the lowest possible cost. Under the direction of experi- enced law instructors, the Benjamin Harrison Law School is now successfully conducted as an evening school.
The faculty at present is as follows: Edward W. Felt, dean emeritus; William W. Thornton, chancellor; Theophilus J. Moll, dean; Sumner Clancy, associate dean; William R. Forney, secretary-treasurer ; Ulric Z. Wiley, professor of law; Charles J. Orbison, professor of law; and Frederick R. Bonni- field, Clifton R. Cameron, Daniel Crockett, Thomas A. Daily, Edward L. Dietz, William P. Evans, Oscar R. Ewing, Henry S. McMichael, Hiram B. Patten and William M. Thompson, instructors.
The school is located near the city, county, state and fed- eral courts, where questions calling for the application of almost every possible phase of legal principles are constantly arising and being litigated. The class hours are such as to enable the student to attend court without interference with his recitations. Free access and use can be had of the libraries of the Indiana Supreme court, the Indianapolis Bar Associa- tion and the general libraries of the state of Indiana and the city of Indianapolis.
Students who have completed the course of study of any commissioned high school or who have been enrolled in any recognized literary or scientific college are eligible to entrance without examination. Others must establish their efficiency by acceptable proofs. Applicants to the junior class must be at least eighteen and to the senior class at least nineteen years of age. An applicant must be a Caucasian of good moral character. Women are admitted.
The course of study represents two years' work and is a blending of the three standard methods of instruction, name- ly: The lecture system, the case method and text-books. Recitations are held from six to eight p. m. each week day except Saturday. Sessions of the junior moot and the senior practice courts are held on alternate Fridays. The entire courses are arranged to present the fundamental topics of the law during the first year, and the more technical and special- ized subjects during the second year.
In addition to the regular schedule, special lectures are given upon Federal Procedure, International Law, Legal
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Bibliography and Legal Ethics. Each candidate for a degree must submit a thesis upon a subject approved by the faculty. Students who satisfactorily complete the course receive the degree of Bachelor of Laws. A diploma from this school ad- mits the graduate to practice in all state and local courts of Indiana as well as the United States District court, provided the candidate is over twenty-one years of age, has resided in Indiana at least six months and is of good moral character. In 1915 degrees were conferred on twenty-one graduates.
CENTRAL NORMAL COLLEGE SCHOOL OF LAW, DANVILLE.
The first instruction in law in the Central Normal College was in 1878 and consisted of lectures by members of the Dan- ville bar, given to the entire school. The catalogues of 1878- 79 and 1879-80 contain the name of Newton M. Taylor as professor of law. There was one lecture each week, to the en- tire school. It appears that Taylor gave one-half of the lec- tures and other members of the bar the remainder. L. M. Campbell, John V. Hadley, T. J. Cofer, Enoch Hogate, Rich- ard Blake, Charles Foley, and perhaps others, participated. At that time there were no classes in law, and after 1880 the plan was discontinued.
In 1889 a course in law was announced. The first class was organized November 12 of that year, with James L. Clark as instructor. Thirty-three students were enrolled the first year. As members of this class we note the names of Philip Zoercher, now reporter of the Supreme court; W. R. King, chief counsel for the United States reclamation service; Judge J. M. Rawley; George T. Pattison, member of the Danville bar; Thomas C. McReynolds, of Kokomo; Henry Bray and J. E. McIntyre, law partners in Denver, Colorado, and Hon. E. F. Barker, of Walla Walla, Washington.
The course was gradually lengthened from the original time of one year until now it requires twelve terms. This makes the standard four-year course. Due to the fact that the college is in session four full terms. each school year, a student can complete the course in three calendar years.
The instruction has been by the recitation plan, more than by lectures. The theoretical may have been, at times,
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neglected for the practical. There has been much prepara- tion of cases and moot court practice. The Danville bar and court extend every courtesy and aid to students.
The law course has always been combined with college course studies. Rarely does a law student have a full pro- gram of professional classes. There is an opportunity to select language, mathematics, science, economics, philosophy, history and bookkeeping. This fact brings to the college many mature men who have not had an opportunity to com- plete a high school or a college course. Law students are always to be found in the geometry classes. The college law library is not extensive, but contains an excellent selection of reference works. The Circuit court library and the private libraries of the Danville lawyers are open to students. Text books are changed from year to year, but the Hornbook series has been most used.
Following Mr. Clark, these men have been in charge of the department: Thad. S. Adams, 1896 to 1900; Otis E. Gulley, 1900 to 1902; John McCormick, 1902 to 1904; Solon A. Enloe, since 1904. Edgar M. Blessing is now a regular member of the faculty.
The following men have, at times, taught classes: T. J. Cofer, E. G. Hogate, George C. Harvey, Robert T. Hollowell, Charles Foley, George T. Pattison, George Easley and Ralph Huron. There may have been others, since there is not a complete record. There have been one hundred and seventy- eight graduates of the law department since 1889. The at- tendance in the department from 1889 to 1916 totals more than seven hundred.
CHAPTER XVIII.
LAW LIBRARIES.
The first statutory provision for a state law library was not made until after the adoption of the Constitution of 1851. However, a law library was maintained under the old Con- stitution, although there was no statute governing it. The founder of the present state law library was Benjamin Parke, the first Judge of the United States court for the District of Indiana, who donated a few legal volumes to the library of the state. Such legal books as were required by the state prior to 1852 were kept in the regular library of the state and were not even given a separate place on the shelves. From time to time other lawyers donated volumes to the state and it is probable that a few were purchased. On the shelves of the present law library are found several volumes from the library of General W. Johnston, but it is not known whether he donated them or sold them to the state. The growth of the library during the old Constitution was very slow, due in a large measure to the fact that there were few regular text books and also to the fact that there were few United States and State reports published at the time. The great mass of legal literature which fills the shelves of the present law library is the product of the last fifty years.
Before the middle of the last century, American legal text books were rare and English text books were very few in number in this country. It is true that such legal writers as Coke, Kent and Hale had issued volumes, but prior to 1852 there were less than a paltry dozen of text books by Indiana writers. At the present time the law library contains the writings of nearly one hundred Indiana authors, covering a wide variety of subjects. The first law library was undoubt- edly kept in the governor's house in the Circle, and, after the completion of the state house in 1835, such legal books as
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were then on hand were transferred to the new capitol build- ing and placed with the books of the state library. After the new Constitution was adopted, a statute was passed on May 27, 1852, requiring the state librarian to keep the law books in a separate place in the library.
The law library, as now constituted, dates from the act of March 9, 1867, which provided for separate rooms for the law books then in the state library. They were placed in the keeping of the Supreme court and the act further provided that the court should purchase such books from time to time that they might deem advisable and also make rules and regulations concerning their use. The rooms selected for the law library were on the second floor of the state house and, according to the old lawyers who frequented the rooms, it was an extremely hazardous place to reach. A narrow and steep stairway led from the first floor to the rooms, two in number, one of which was used by the Supreme court as a consultation room. Here the library remained until the state house was torn down in 1877.
The present quarters on the second floor in the north- eastern part of the state house were occupied for the first time in 1888. The library has grown to such dimensions that the present quarters are wholly inadequate and additional room is imperatively needed. Within a year after the library moved into its present location the Legislature made appro- priations for the issuance of a catalogue under the supervision of Charles E. Cox, who was then librarian. His volume of 416 pages covered all of the works then in the library and proved to be a very helpful book for those who wished to consult the library. In 1898 a second catalogue was issued by John C. McNutt, librarian, and some idea of the rapid growth of the library may be seen when it is noted that this catalogue contains 725 pages. No catalogue has been issued since 1898.
The library ranks high among the state law libraries in the country and contains not only the statutes and court de- cisions of the United States and of the various states of the Union, but also a well selected list of legal works from foreign countries. The library is particularly rich in legal periodical
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literature, both America and English. A complete set of the Canadian reports and legal periodicals is found on the shelves. The library also boasts as complete a set of the Australian reports as may be found in any state in the Union. An effort has been made at all times to obtain the best legal text books as they are issued and there is no text book of any import- ance published in the United States which does not find a place on the shelves. It is interesting to note that many volumes have been purchased at a high price; many have cost from fifty to one hundred dollars a volume and twenty dol- lars a volume is not an unusual price. Fortunately, many of these high priced works were obtained before they reached their present value, being purchased at a time when their value was very low compared with what it is today. The purchase of books is in the hands of the Supreme court, which has the power to purchase books and issue an order on the general fund in the state treasury for the payment. The state now purchases five hundred volumes of each Indiana Supreme and Appellate court report and, after supplying the state offices and inferior courts of the state, deposits the re- mainder of the volumes in the law library for exchange or sale. The court reports of other states are secured by ex- changing volumes of Indiana reports. In the same way the library obtains the legislative acts of all the other states of the Union.
The first regular law librarian was provided for by the act of February 1, 1867, but the nominal salary attached to the office was insufficient to justify the full time of a librarian. The act of March 11, 1895, placed the office on a salary of fifteen hundred dollars a year, since increased to eighteen hundred dollars. The salary of the assistant librarian, who also acts as messenger of the Supreme court, is twelve hun- dred dollars. The last Legislature made an appropriation of twenty-five hundred dollars for the purchase of books during 1915 and 1916.
The first librarian was William C. Lamb, who took charge of the library in 1867. His successors have served in the following order: John Graham, James M. Cropsey, Frederick Heiner, Charles E. Cox, William W. Thornton, John C. Mc- Nutt, Hoyt McLane, Omar O'Harrow and W. Carey Carson.
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CIRCUIT COURT LIBRARIES.
Each Circuit court in the state has a library in the court house, the maintenance of which depends upon the generosity of the county commissioners. Practically all the county court libraries have a complete set of the Indiana Supreme and Ap- pellate court reports as well as the various volumes issued by Indiana jurists on civil and criminal procedure. Not a single library has a complete set of the Indiana statutes. These libraries are of varying value; some have not more than two hundred volumes, others as many as a thousand and a few have more than two thousand volumes. The best county library in the state, outside of Indianapolis, is in Allen county. A large number of the libraries suffer at the hands of law- yers who take books out and forget to return them.
CHAPTER XIX.
STATUTORY AND DOCUMENTARY MATERIAL OF INDIANA.
The first attempt to codify a system of laws for the guid- ance of man was made by Moses. When he was given charge of all of his countrymen, he was inspired to draw up some sort of code which should guide them in their actions one with another. How wise a man Moses was and how much he knew of human nature may be a question of dispute. We can look back over the thousands of years which have elapsed since he sat down to compose a system of laws, a code, as it were, which should form the groundwork for the administration of justice and equity. Whether crimes were few or undefined in his day or whether he was a wise legislator, we can not say; but the fact remains that he summed up in his code-his constitution, it might be called-those infractions of right conduct which seemed to him should be prohibited by law.
And they were ten in number. In other words, Moses found ten crimes which he felt of sufficient importance to jus- tify specific mention in his code. It has been said that the basis of all of our laws against crimes of all kinds may be traced back to one or the other of the Ten Commandments. Some of these are short and to the point; the simple prohibi- tions pronounced by Moses against murder, stealing, lying, adultery, Sabbath breaking, profanity and covetousness, have been enacted into statute by every civilized nation.
It is a long step from the Mosaic code of antiquity to the Constitutional Convention held in Indiana in the summer of 1816, but the same spirit which animated the law-giver of ancient times permeated the members of the Constitutional Convention which met under the elm tree at Corydon. Those forefathers of ours of a century ago were not men of wide learning or pronounced ability, but there was not one among them who did not know his Mosaic code. The Hebraic idea of moral justice has colored the laws of every nation; the
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Greek, the Roman, the French, the German and the English systems of jurisprudence testify to the influence of Moses.
As justice is administered today, it is conceived of as a civil rather than a moral duty of the state. All our laws may be considered as falling into three classes, namely : the com- mon law, constitutional law and statutory law. The expres- sion "common law" is not easy of definition. Kent, one of the greatest of legal writers, says in his Commentaries (Pt. II, Lect. XVI, p. 333, seq.) concerning common law: "United States, in their national capacity, have no common law, and their courts have not any common law jurisdiction in criminal cases. We have not, under our federal government, any com- mon law, considered as a source of jurisdiction ; while, on the other hand, the common law, considered merely as a means or instrument of exercising the jurisdiction, conferred by the Constitution and laws of the Union, does exist, and forms a safe and beneficial system of national jurisprudence."
It is not generally known that as early as 1818 the General Assembly of Indiana recognized the common law of England as applicable to Indiana. An act of the Legislature approved January 2, 1818, and reaffirmed in the Revisions of 1824, 1831, 1838 and 1843, states in an emphatic way the value of the common law in Indiana jurisprudence. The act follows: "Be it enacted by the General Assembly of the State of Indiana, That the common law of England, all statutes or acts of the British Parliament made in aid of the common law, prior to the fourth year of the reign of King James the First, excepting the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter, thirteenth Elizabeth, and ninth chapter, thirty-seventh Henry Eighth, and which are of general nature. not local to that kingdom, and not inconsistent with the laws of this state; and, also, the several laws in force in this state, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority." (Revised Stat- utes, 1843, p. 1030.) This act, therefore, with exceptions as noted, established the common law of England, as defined by acts and statutes prior to 1607, as an integral part of the laws of Indiana. The English common law-specifically the un- written law of that country, the lex non scripta-is a system of jurisprudence originating in custom or usage, as distinguished
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