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blows by powerful and forcible arguments that drive all before them, but through it may be acquired also that delicate and graceful turn of expression by which men often find it pleasant to be swayed. It was this delicate charm in the way of putting things that enabled Mr. James Russell Lowell when present as a minister from a young republic to tell the subjects of Britain's arrant monarchy that its very constitution was democratic, and to say it with such graceful courtesy and befitting humor as to win admiration for himself and his country.

Whatever one has to say, its power to convince and to induce to action depends largely in the way it is said. The wings of the eagle may be strong, but if they are without plumage, they are useless.

Not only does the moot court practice give readiness in thought and speech, but through it may be acquired a knowledge of law more accurate and practical perhaps than can be gained in the lectureroom. For when a case has been carefully prepared and argued, there is gained a clearer conception of the questions involved and a more thorough and useful knowledge of the law than can be gained perhaps in any other way. The cases are carefully selected by the professors, and embrace the most important legal principles.

Thus we feel we cannot too strongly urge upon our students the importance. of regular attendance upon the moot courts, and a careful preparation of the cases, since thereby may be gained the ability to think on one's feet and to say what one thinks, and also a thorough and lasting knowledge of the fundamental principles of the law.

WE feel that we are expressing the sentiments of both students and faculty when we say that, in Mr. Gulick, who resigned his position as Secretary at the beginning of the present year, this Law School has suffered a great loss. He was the Secretary of the School from its foundation until the first of this year, and throughout that time discharged his duties, not only without friction with professor or student, but maintaining the most harmonious relations with all. Many of us will remember him as a warm personal friend, and will recall many a pleasant half hour spent in the office next the library.

So, though we doubt not that Mr. Smith will prove an excellent successor to Mr. Gulick, we are all sorry to lose the latter. We wish him God-speed, and hope he will have every success in the active practice of law.

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THE following new rule for the examination of law students for admission to the bar has recently been adopted by the General Term of the Supreme Court in the Second Department:

"Applicants for admission to the bar will attend before the examining committee at the Court House, in which the term is held, on Monday, the first day of the term, at 10 A. M. The papers required by the Rules of the Court of Appeals to entitle an applicant to an examination shall be delivered to the clerk of the court at the place where the examination is appointed to be made, at least two weeks preceding the first day of the term. Every person intending to apply for ad

mission to the bar will give written notice of such intention at least thirty days before presenting himself for examination, stating in such notice his name, residence, and the attorney with whom he is then serving his clerkship. Such

notice is to be delivered to the clerk of the Special Term in King's County. This rule will be strictly enforced, and no person will be examined who does not comply with the same.”

VOL. III.

THE COUNSELLOR.

FEBRUARY, 1894.

No. 5.

REMARKS AT THE ANNUAL MEETING OF THE NEW YORK
STATE BAR ASSOCIATION ON THE PROPOSED BILL
TO PROVIDE FOR UNIFORM EXAMINATIONS

THROUGHOUT THE STATE FOR ADMIS-
SION TO THE BAR.

BY RT. REV. WM. C. DOANE,

Vice-Chancellor University of New York.

If any one is to make any excuse for my presuming to appear in this august assembly as a layman among lawyers, I should leave it for you to do. In the first place, upon the principle that he who excuses himself accuses himself. In the next place, you are responsible for my presence here. I was most ready to accede to the request that was made to me by my friend, the president of the association, for two reasons. In the first place, because I am a Regent of the University of New York, and am, both by duty and by instinct, intensely interested in everything that advances every kind of education. I do not make use of the modern phrase, of higher education; I think what we want is deeper education rather more than higher, and a better and fuller and more real education, whether it be general or professional.

I am quite sure that every man in his place and position, according to his ability, is bound to stand up and maintain the great importance of it in every possible way.

Beside that, I think I may explain my being here by the mere statement that I am glad to bear my witness to what I believe to be the largeness and greatness of the legal profession; not merely that it is large enough to admit me here without license to plead, but that it is large enough to compel the interest and constrain the assistance of a man busy in other departments of life, who is glad to come and lend a hand in anything that shall elevate and advance the distinguished profession of the law.

I think if I need make any excuse it would be because I stand here to plead for examinations. I say that in the pres

ence of my friend, the law professor of Cornell, and the dean who has just spoken, because I am an absolute heretic, generally speaking, about examinations. My last public appearance was before the Humane Society, and I think sometimes the Humane Society ought to interfere in this matter of examinations, which, in my own experience, so far as schools or colleges are concerned, tend to show two things: in the first place, to prove the knowledge of the examiner, which ought to be taken for granted before he begins; and in the second place, to prove either the nerve or nervousness of the person examined, which we can generally find out, without resorting to that kind of work. You are dealing this afternoon with something that lies outside of the range of ordinary scholastic academic education. I am perfectly certain that an intelligent teacher who comes day by day in contact with the mind of a pupil is infinitely better able to say, whether that pupil is able to take the degree or to be admitted to the honors of the institution, by daily contact and test of mind with mind, than he or she, or a dozen others could be by all the examinations in the world.

This is a different matter that comes before you; it is a matter that concerns a large class of people to whom the daily contact with the teacher is impossible; and it is a matter that concerns an examination which is to be held by people entirely outside of and apart from the educational system in which the person to be examined has been trained. that I am quite free without any inconsistency, because I have absolutely abolished the whole system of examination in the school which I have the honor

So

to conduct here in Albany, to stand here and maintain the position that it is most necessary that there should be both a uniform and a severe system of examination for admission to the bar. It should be uniform unquestionably for two reasons. In the first place, if it is not uniform, if it is varied, then you will get sort of a Gretna-Green business and have runaway matches of people who want to be married into your profession; because the lazy man finds out, just as keenly and quickly as a lazy horse discerns a hill a long way off, where he can go and get through, and get through easily; and he will go there of course. And it is absolutely important that the examinations, if they are to furnish any test, should be positively and distinctly uniform. Not that everybody should pass uniformly well, but that comparatively moderate lines should be adopted, upon which a man may pass with honor, along which a man may pass and be admitted to the bar, and below which he must be rejected. I venture to say that these examinations ought also to be not merely uniform, but severe. I remember a discussion we had here during the meeting of the University Convocation in July, which my good friend, Professor Collin of Cornell, began by being on the opposite side and ended by actually being on the same side when the question came up, about the importance and value of a university or academic degree for admission to the law schools. Now I am a believer from the bottom up in the fact that no man is really and fully and completely furnished, to enter upon the study of any specific pursuit or profession in life who has not been thoroughly trained in a high school and college curriculum;

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