USA > Wisconsin > History of the bench and bar of Wisconsin, Vol. I > Part 31
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"Again thanking you for your kind partiality, I await the further pleasure of the association."
The first regular meeting of the association succeeding the pre- liminary meeting, was an adjourned meeting held on the 20th of Feb- ruary, 1878, at the United States court rooms at Madison. The other meetings of the association since that time have been as follows: Feb- ruary 17th, 1885, and February 16th, 1886, at Madison; June 15th, 1886, at Milwaukee; June 20th, 1893, and an adjourned meeting on the 30th of August in the same year, at Milwaukee; a meeting at Mil- waukee June 26th and 27th, 1895, and the last meeting February 2Ist and 22d, 1898, at Madison.
The constitution recites that "the object of the association is to maintain the honor and dignity, and to increase the usefulness and influence, of the profession of the law;" and although the meetings of the association have been somewhat irregular and spasmodic, and the interest taken in the association apparently somewhat phlegmatic on the part of a large portion of the bar, nevertheless the association has been productive of very considerable good and has aided in the accom- plishment of several of the objects for which it was organized.
At the preliminary meeting in January, 1878, Charles R. Gill offered the following resolution: "Resolved, That the several circuit judges of this state be respectfully requested to strictly observe the laws of the state with reference to the admission of members of the bar;" and al- though the resolution was, after a sharp debate. rejected, nevertheless it attracted attention to the subject, was the occasion of very animated discussion and gave rise in the association, both by reason of the dis- cussion had at that time and at subsequent meetings, to a move- ment which has affected the entire bar and which the writer believes was quite potential in effecting the change which was later made in the method and requirements of admission to the bar. The rejection of the resolution at this meeting was due to a feeling amongst a majority
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of the members that it reflected upon the circuit judges and savored too much of a supererogatory request to them to observe the laws of the state and a suggestion that they were indulging in a practical disregard of them. At the next meeting, however, in February of the same year, Mr. Gill again offered his resolution. To meet the objections which had been brought against it and which were again urged, L. F. Frisby offered as a substitute the resolution which was finally adopted, in the following terms: "Resolved, That the association is in favor of the strict enforcement of the laws of this state regarding the admission of attorneys." Although the state bar association held no meeting from that time until February, 1885, and although as an association it can- not be said to have afterwards taken any effective part in the movement which culminated in the appointment of a board of examiners for ad- mission to practice at the bar, nevertheless the resolutions in question, and the discussion which was had at the two meetings at which these resolutions were presented, doubtless had a very strong influence in urging the adoption of some method by means of which candidates for admission to the bar would be required to possess a higher degree of qualification than had theretofore been obligatory. But whatever may have been the other influences at work, chapter 63 of the laws of this state for 1885 first provided for a board of examiners for admission to the bar. It was provided that the board should consist of five competent attorneys, residents of this state, to be appointed by the supreme court, the board to hold meetings at the capitol once or oftener in each year, and at such other times as the supreme court should direct, for the purpose of examining all applicants for admission to the bar, and to issue to successful candidates a certificate of qualification for admission.
It is further provided that no person shall be admitted or licensed to practice as an attorney of any court of record except, first, graduates of the law department of the University of Wisconsin shall be admitted to the bar of all courts, upon production of the diploma issued by the board of regents; second, all persons who shall have been admitted to practice in the supreme court of any other state or territory and who shall be residents of this state, may be admitted upon production of their
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certificates of admission to practice in such courts of such other state or territory; third, that every other person of full age, resident of the state, and of good moral character, may be admitted to practice as an attorney in all courts of record, except the supreme court, by an order of a judge of the circuit court made in open court, but the applicant shall first produce the certificate from the board of examiners appointed by the supreme court that he possesses sufficient learning in the law, and ability to enable him to properly practice as an attorney. So far as relates to the admission of applicants living in this state not previous- ly admitted to practice in other states, the act of 1885 remains un- changed to the present time, except that by chapter 310 of the laws of 1891 the board of examiners is required to establish a uniform standard of attainment which must be reached by each applicant before he shall receive a certificate; and some provision is also made with respect to the examination papers and their disposition.
Chapter 174 of the laws of 1897 is another effort to raise the general standard required for admission, by providing that as to attorneys of other states applying for admission here, they shall give satisfactory proof to the court to which they make their application of their having been engaged in actual practice in such other state or territory at least- two years prior to application for admission to courts of record in this state; and further providing that any graduate of a law school of any other state or territory, which shall be accredited by the board of examiners as a school of equal standing to the college of law of our own university, may be admitted to practice in the courts of this state on production of his certificate of graduation from such school.
It is not intended to be assumed in this article that the state bar association has been the author of these different provisions; but only that the subject matter has been under discussion since the early meet- ings of the association. At different meetings various resolutions have been offered, a very considerable discussion of the subject has been had both at meetings and in committee, and various recommendations have been made, from time to time; and that with so much discussion 21
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amongst members of the association it is but natural that some fruit must have been garnered from the seed thus planted.
At the meeting held in June, 1886, the committee on legal educa- tion submitted a report embodying the results up to that time of the act of 1885; an amendment somewhat similar to chapter 174 of the laws of 1897 was at the same meeting proposed, and general discussion of the question evinced great interest in the subject, and it is to be regretted that the space given to this article will not permit the entire report and discussion to be set out at length. The result of it all, how- ever, was that the report of the committee on legal education, with all pending propositions in relation thereto, was recommitted to that committee, with instructions to consult with the faculty of the law de- partment of the state university and the board of examiners of appli- cants for admission to the bar, and that they jointly recommend to the legislature at its next annual session such amendments, if any, of the laws in relation to admission to the bar as they might think proper. And it was also resolved that it was the sense of the association that the period for legal education should be extended.
It was recognized throughout the entire discussion at each meet- ing that the extension of the course in the law school of the university and the standard of attainments and length of study required by the board of examiners should largely go hand in hand; for otherwise, the one method of admission would draw away from the other. Thus, the standard of attainment before the board of examiners had to be cautiously and gradually extended until the law school course could be so modified and extended as to embrace similar requirements.
The course in the law school has now been extended to three years. The standard of attainments to entitle a graduate to receive his diploma has been materially raised, and running in parallel lines, the standard required by the board of examiners has also been very considerably raised, so as to keep pace as near as practicable with the requirements of the law school.
The writer of this article believes that the act of 1885 is the first `of the kind passed in any of the states, and that Wisconsin has the
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distinction of being the first state to adopt this method. It has been at various times claimed that one or another state is the pioneer in this movement, and the claim has been made for New York, and possibly others; but, upon reference to the different acts, the writer has been unable to find one that dates back as far as our act of 1885.
This method of examination for admission to the bar has not only the advantage of raising the standard of attainments and of relieving the courts from the necessity of examinations, which had become alto- gether too lax, but has made it possible for the law department of the university to extend its course and raise its standards until it requires now a standard of attainment and scope of study well calculated to thoroughly equip a student of the law for active practice.
At the general election held in November, 1877, an amendment to the constitution was adopted by the people providing for the election of two additional judges of the supreme court, and at the meeting held in February, 1878, an attempt was made by the state bar association to recommend two candidates for election to these places. The legisla- ture, however, was in session, and the parties in that body, aided by delay occasioned by a somewhat acrimonious debate in the bar associa- tion, adroitly forestalled the action of the association, and on the eve- ning before the day on which the association expected to make its nominations Harlow S. Orton and David. Taylor were nominated by caucuses of the members of the legislature, and the bar association ad- journed without action.
After the two meetings held in 1878 the association laid dormant until February, 1885. At this meeting there was a large attendance, and an attempt was made to recommend the nomination of a candidate for office of judge of the supreme court in the place of Hon. David Taylor, whose term would expire on the first Monday in January, 1886. At this meeting a resolution was adopted recommending Levi M. Vilas of Eau Claire as a candidate for associate justice of the supreme court, but shortly afterwards Mr. Vilas declined the candidacy. But little other business, and that of a routine character, was transacted
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at this meeting, except the election of officers and the appointment of standing committees for the year.
At the next meeting, in February, 1886, a resolution was introduced earnestly requesting our senators and representatives in Congress to procure, if possible, the passage of an act creating an additional circuit, composed of the states of Wisconsin, Minnesota and Nebraska, and the appointment of the ablest lawyer in the circuit to fill the place of judge thereof, for reasons recited in the preamble to the resolution, to the effect that the state of Illinois required so much of the services of the circuit judges that Wisconsin was especially neglected and practi- cally denied its right of review in actions involving less than $5,000.
The resolution drew out considerable discussion, and was finally referred to a special committee for further action.
. At the next meeting, in June of the same year, the committee re- ported, recommending that the resolution be amended by substituting a request that our senators and members in Congress take action im- mediately, looking towards the passage of some act which to them seems best suited to secure a speedy examination of all pending cases in the federal courts throughout the United States, and to expedite all litigation therein. This resolution was adopted, and during the discussion in connection with it, various schemes were put forward looking to the relief desired, and amongst them the project of having an intermediate court of appeals which, since that time, has been es- tablished by act of Congress.
The next meeting of the association was held at the United States court room in the city of Milwaukee on the 20th of June, 1893. Only routine business was transacted, and the association adjourned to Au- gust 30th, of the same year, for the purpose of participating in the reception and entertainment of the American bar association, which that year held its annual meeting in Milwaukee.
On August 30th the association was again in session, at which time only routine business was transacted. It was at this meeting, however, that Mr. Strong resigned as president, and Judge Seaman was elected his successor.
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The next meeting of the association was held in Milwaukee on the 26th and 27th of June, 1895. It was at this meeting that Judge Car- penter of Madison resigned as treasurer, and Mr. Van Valkenburgh was elected his successor.
Various reports from committees were received, and interesting papers were read by Alexander Meggett of Eau Claire, George G. Greene of Green Bay, and a paper upon legal education by Gen. E. E. Bryant. This meeting was perhaps more satisfactory in point of at- tendance and interchange of opinions in discussion of the various sub- jects of interest to the members present than any meeting of the associa- tion which has ever been held.
A feature of nearly all of the meetings of the association has been a dinner on the evening of the last day of the meeting, at which justices of the supreme court and many judges of other courts have been pres- ent as guests.
The meetings have not been attended, however, at any time with any marked degree of enthusiasm, except on the part of a few. Mem- bers of the bar do not seem to appreciate the real good which these meetings do, and the still greater good which they might accomplish if members of the bar would more generally attend. But the oppor- tunities exist, notwithstanding the apathy with which they are re- garded, and it is the hope of the present officers of the association to awaken a greater interest in it and in its objects, and increase not alone its membership, but the attendance at the meetings, the interest in the objects sought to be gained, and more hearty individual work in carry- ing out what the association as a body may recommend, but is incapable of executing as an association.
A perusal of the address delivered by Chief Justice Ryan at the first meeting shows that he considered a bar association as a means of the utmost importance to purify the bar of its unworthy and recalci- trant members. Provision is made in the constitution and by-laws for disciplining such members of the bar by bringing them before the bar of the proper court upon suitable representation made by the associa- tion. There was in the early days of the association a strong feeling
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that the bar association would take action looking to the proper pun- ishment of those members of the bar in various parts of the state who should prove false to their trust, and to their oaths as attorneys. The association, however, has never yet acted upon a single case, and but very few have ever been reported to the association for action. There seems to be a profound reluctance on the part of members of the bar to take action looking towards disbarment of unworthy members, even though it reaches a point at which further tolerance would seem almost paramount to complicity; and even then, a bar association rarely takes the initiative steps. Chief Justice Ryan very aptly said that unworthy members of the bar could not well be proceeded against by the indi- vidual, and that such action should come from the united bar as a body, and that if it were understood that such a body existed, ready and wil- ling to strike, and strike hard, when action seems to be demanded, it would exercise a controlling influence over those members of the bar who might otherwise be led to the commission of unworthy acts.
The bar association of this state has not thus far taken any action which would justify any apprehension from it by those disposed to commit breaches of professional honor or integrity. One of the widest and most useful fields which it might occupy is thus left wholly and entirely unoccupied.
In the foregoing pages it has been sought to give only an outline of the more important transactions of the various meetings of the association. It is intended rather to show what the possibilities of such an association are rather than to detail the comparatively little that has been done; but there has seemed of late an awakening of interest in the association, its business purposes and aims, and it is hoped and expected that the association's influence will be greatly enhanced within the next few years.
The last meeting of the association was held at Madison on the 2Ist and 22d of February, 1898. Up to that time the association had had but two presidents: Mr. Strong holding the office until the adjourned annual meeting on the 30th of August, 1893, when he ten- dered his resignation, and Hon. W. H. Seaman, United States district
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judge of the eastern district of Wisconsin was elected president in his place.
Gen. E. E. Bryant continued to act as secretary until the annual meeting in February, 1885, when he retired and Edward P. Vilas was elected to the office.
Hon. J. H. Carpenter was the first treasurer and continued to act as such until the annual meeting held at Milwaukee on the 26th and 27th of June, 1895, when he resigned and F. B. Van Valkenburgh, of Milwaukee, was elected as treasurer.
At the annual meeting on February 22d, 1898, Hon. John B. Cas- soday, chief justice of the supreme court, was elected president; Cor- nelius I. Haring of Milwaukee was elected secretary; Burr W. Jones of Madison was elected treasurer.
The executive committee is composed as follows:
For one year: W. P. Bartlett, Eau Claire; Myron Reed, West Su- perior; H. W. Lander, Beaver Dam.
For two years: Geo. G. Greene, Green Bay; C. F. Osborn, Dar- lington; Elihu Colman, Fond du Lac.
For three years: George H. Noyes, Milwaukee; A. A. Jackson, Janesville; A. L. Sanborn, Madison.
As delegates to the American bar association from this state, there were appointed William F. Vilas, John C. Spooner and Joseph V. Quarles.
The attendance at the last meeting of the association was not very satisfactory-comparatively little interest being manifested by its mem- bers, notwithstanding the fact that an exceedingly interesting pro- gram had been arranged. A paper was read by Carl C. Pope of Superior upon the subject of "Equity in Criminal Law;" one by Charles N. Gregory of Madison on "Government by Injunction;" and one by Hon. Peter S. Grosscup, United States district judge of the northern district of Illinois, on "A Lawyer's Duty toward the Promotion of Pop- ular Self-Mastery." A dinner was held in the evening at the Park hotel and toasts given and responded to. Except in point of attendance, the meeting was one of the best which the association has ever held, but
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in point of attendance it was exceedingly disappointing and discourag- ing. Nevertheless, renewed effort will be made to awaken interest and to try to have the association take that position in the state which it ought to secure and maintain.
The president of the association was requested to deliver at the meeting in 1895 an address on the subject of what the association can and ought to accomplish, and the methods by which such objects can be best attained, and it is perhaps the most fitting close which can be given to this article to reproduce in full his remarks made upon that occasion, which were as follows:
Gentlemen of the State Bar Association of Wisconsin:
The meetings of the association have not been held with the regu- larity intended by its constitution, nor have they been so frequent as to furnish much by way of precedent for an address by the president. But this meeting has been called, at a favorable season, with the hope that it may bring a revival of interest and an increase of usefulness, and your executive committee have given their attention to a program in that view. They have also requested that the president open the pro- ceedings with an address "on the subject of what the association can and ought to accomplish, and the methods by which such objects can be best attained." The field of inquiry which this proposal would open is so wide of range and embraces problems of such difficulty that, with the limited time at my disposal, I can offer but a few crude suggestions, trusting they may find some value in awakening your interest in this cause and may possibly lead to consideration of some plans for its ad- vancement.
The object of the association is clearly and comprehensively ex- pressed in section 2 of the constitution: "To maintain the honor and dignity, and to increase the usefulness of the profession of law."
It goes without saying that any attainment of these declared ob- jects would be of inestimable benefit to the profession; that there are great possibilities in this direction through organized effort and ex- ample, and that all promotion of the honor and influence of the profes- sion makes for the advantage of the individual members. But it is in the view of the influence which the lawyer possesses in his community and his relations to society at large that these purposes have their great-
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est importance. The profession of the law carries with it opportunities for advancing the material welfare of the people beyond those of any other profession or class, and it is consequently charged with higher obli- gations. These opportunities are not due to any intellectual or moral superiority or to qualities of mind which are not equally possessed by others, but they come from the associations of the lawyer and the nature of his work; from the relation of confidence which exists be- tween him and his clients; his advice being sought and given in their affairs, the tendency is to obtain their reliance upon his judgment gen- erally, and thus by example others are inclined to defer to his counsels. He is constantly acquiring intimate knowledge of the various affairs and causes which affect the interests of the community, and becomes conversant with human nature under the closest tests. It is not open to any other occupation to pave the way to such varied and direct in- formation or to such extended public confidence. Most men who take active part in life have occasion, at one time or another, to consult a lawyer, and the business man has usually a regular legal adviser. From his circle of clients there goes out to the lawyer a recognition, which gives him a certain prestige, leading to prominence in the public re- gard, and his suggestions and counsel obtain importance; he is further favored by the familiarity with public concerns which accrues from his professional work, and by adaptability and readiness for their presenta- tion which come from his practice. These advantages are common to the profession, differing only in degree according to the reputation, and each member is in position to take part in moulding and leading public sentiment in his locality. Herein his great responsibility arises. Pos- sessed of the power and the opportunity, it is his duty to exercise it when the occasion demands, and give that sentiment right direction for the general good. This obligation is legal, as well as moral, assumed with the grant to him of privilege to practice the profession, and he is bound to its observance by the oath which was taken upon his admission.
The memorable address of President Cooley before the American Bar association in 1894 speaks of this duty, having special reference to the public disorders of that year, in a view which should have the earnest consideration of every member of the profession. I quote a passage which perfectly expresses the thought suggested here: "Every lawyer, when he is given license to practice, takes solemn oath to sup- port the constitution of the United States and of the state of which he is
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