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The Green Bag.

necessary for a complete legal education and success yers such as these have been overwhelmed with dis in the profession. It may well be imagined that the comfiture at being compelled to betray their own thought came speedily to your correspondent that ignorance. As a rule, case-lawyers are exceedingly the lawyer had not spoken the opinions held by his weak in discerning or discovering what are nice dis relative during his lifetime, and that the mantle of tinctions in law, and what are the fine legal points in legal learning of the latter had not fallen upon him. a case. This faculty can only be possessed by the Without entering upon an argument to prove that lawyer of thorough legal training, of experience, and the mere having of the memory stored with a mass who has devoted not only years of a student's life of points and cases is not evidence of a thorough but those of a practitioner, to a laborious and careful legal education, — for to those who have a higher study " of the principles that rule in all departments and better idea as to the requisites of such an educa of the science." On the other hand, the case-lawyer tion, this would be both " useless " and unentertain- will generally be found to be the hastily made law ing, — your correspondent has thought that a word yer, and of the class who " mistake the smattering or two upon the subject might meet with your of knowledge which they have picked up for pro found acquirements." The lawyer whose education approval. No doubt these case-lawyers, as they are called, has been limited to the knowledge gained only from would be as much delighted as those anxious to en American text-books — and here your correspondent uses the word " text " advisedly — cannot be said ter the profession without having undergone a pre paratory course of study, were the efforts being made to possess a sound and thorough legal education. Of necessity, he will have obtained but a scant here and there to reduce the number of forms of ac tion, change the rules of pleading and practice, and knowledge of the common law of England, which undoubtedly is the substratum of American juris to build up a new and " simplified " code of juris prudence, to prove a success; for much labor and prudence, and of which an eminent American chiefjustice said, "It is one of the noblest properties of study would not be required of the lawyer, intellect ual qualifications would not be requisite, and of this common law, that instead of moulding the habits, course there would be no necessity of studying the the manners, and the transactions of mankind to in rise and formation of the common law of England, flexible rules, it adapts itself to the business and cir cumstances of the times, and keeps pace with the which at present is the substratum of the jurispru dence of all the States of this Union, with but two improvements of the age;" and of which another or three exceptions. Intellectual and reasoning distinguished American chief-justice has said, " It is to be considered as the obedient and useful hand powers would not be required in the work of hunt ing up decisions, whilst'business would be increased maid who in her place and sphere has facilitated from the numberless decisions which would be made progress and smoothed the way of national pros necessary under the new and changed conditions of perity." He will have but a stinted knowledge of the the law. The case-lawyer would certainly be in his departments of both Pleading and Evidence, to say nothing of the original sources and the fundamental element. It must be admitted that there is quite a prevalent principles of all law. He may consider himself and growing idea among the younger members of versed in American constitutional law, but had he, the profession, that it is not essential to devote any as preliminary to the study of a Kent or a Story, portion of their time to the continued study of the taken up such works as those of Paley, Vattel, and text of the acknowledged standard works. With of Miller and Hallam on the English Constitution, their admission to the bar, they deem their educa his knowledge would have been increased, and Amer tion completed, and hence conceive that no more ican law appeared in a new and improved light As labor devolves upon them than that of looking up " a sound and thoroughly learned bar is of vast im court decisions whenever cases are placed in their portance to the public, a sound legal education is charge. At such times no question of law occurs to proportionally important." Lawyers with such an them beyond that relating to the form of action to education are not likely to become merely casebe brought; but search is at once made for some lawyers who conduct their practice by reference to decision upon a similar case or one which seems to indexes rather than to the text of standard works. possess similarity; and the finding of such a decision is regarded as completing the principal part of their preparation for trial. In many cases, too, the form Errata. — It is a pity that the delicate little of action as revealed in the decision is adopted as a pun of our kind friend, Prof. Wm. G. Hammond, guide. To their mind, the decision of the court should have been spoiled by a typographical error makes the law; not the law, the decision. How fre quently has it happened that in the argument of a in our October number. In his greeting to the case and at the moment of quoting a decision, when " Green Bag," the word viveat was substituted for questions have been propounded by the court, law vireat. His words should read vireat viridis bagai