address should be published so that it would be available for those interested in the question for the benefit of legislation.

Attorney General Conner said that the present law in Idaho has caused considerable trouble and that he had never seen a law so loosely and carelessly drawn, the present law presenting some half dozen questions that just get under the line of legality; that his office was now defending three cases in Federal Court and one case in District Court in which the constitutionality of the law was being attacked; that the law should be amended radically because so many features of it are impracticable. He did not consider the 5 per cent tax on commercially operated cars to be confiscatory as it was merely one of the elements of expense of operation. He suggested that members of the Bar use their influence on their respective legislators in getting this law drawn on a practical basis.

Eugene O'Neill, of Lewiston, explained how the laws of Massachusetts operated in connection with traffic matters. He said the state is divided into nine districts and each district has a man who looks after the laws of that particular division. Their legislature meets every year, and the nine officers from the various divisions meet with the governor at stated periods. He thought we might learn a lesson from their success with this method of government.

Judge Johnson referred to the matter of changing the rules regarding the filing of transcript on appeal within the time prescribed by the rules of the Supreme Court. He was of the opinion that this rule should not be changed. He believed in assisting attorneys in carrying on their business but did not believe in putting a premium on ignorance. He said the public should employ lawyers that would look after their business and, if they used no judgment in their selection, they should stand the penalty. He said district judges are in a better position to know whether there should be an extension of time for filing of transcript than the Supreme Court.

A. H. Oversmith, of Moscow, disagreed with Judge Johnson. He contended that, when the state licenses a lawyer, the public has a legitimate right to depend on the services of that lawyer and would have no way of knowing his inability or negligence in caring for business.

John R. Becker and A. H. Conner entered into the discussion of this matter.

day.

Upon motion by Mr. Oversmith, the meeting adjourned for the

PROCEEDINGS OF SEPTEMBER 4, 1925

In opening the meeting, Chairman R. D. Leeper said:

"We will now resume the convention and I will first report on the organization of the Commission. The new Commission met yesterday, qualified and was organized. I am the only holdover member, my term expiring one year from this date, and, according to the rules, the holdover becomes the president. Frank Martin is vice president and Sam S. Griffin has been reelected secretary.

"Our regular program at this time calls for an address by Robert McNair Davis, Dean of the Law School at the University of Idaho, on the subject of "Legal Education."

LEGAL EDUCATION

Dean Robert McNair Davis

Members of the Idaho Bar Association:

I am very glad to have this opportunity to establish a closer relation between the University of Idaho and the organized Bar of the state and I think it is very significant that there is today an organized Bar of Idaho. I think that the year 1923 marks an epoch in the history of legal institutions in Idaho.

If you do not mind personalities, may I tell you how I happened to come to Idaho? A little over two years ago, I received a letter from the President of the University of Idaho saying that there was a vacancy in the College of Law and that I had been suggested to fill that vacancy. I was not greatly excited about it and did not answer the letter for several days. Finally, after some correspondence, I was invited to visit the university. I spent two days there endeavoring to ascertain the facts about the University of Idaho and the status of the College of Law but I was more particularly interested in noting all the facts I could that might enable me to learn the prospects of further development of legal education in Idaho.

The 1923 legislature had enacted a law providing for the organization of the Bar of Idaho and creating a board of Bar Commissicners, in which was vested the power to pass upon applications for admission to the Bar of Idaho and also the power of discipline over any members who might prove unworthy to the Bar of Idaho. The existence of that law accounts for my presence in Idaho today. I believe that this makes it possible for any legal educator to cooperate with the Bar.

Those of you who read the morning paper, noticed the item concerning the meeting of the American Bar Association and the address of the Attorney General in which he said these are troublesome times. I agree with him. We are so busy with our own lives that we have forgotten the duty that rests upon the legal profession. If we are to pass safely through these troublous times into times of greater law observance and enforcement, the burden must rest upon the legal profession.

Two important branches of the legal profession are the judge, and the attorney, who, sometimes, has and sometimes has not been active in service and who does not, even now, altogether have the confidence of the people. There was a time when barristers were entirely abolished. That has been true in our American history.

A new branch of the legal profession which has grown up within the past fifty years is the law school teachers branch. Today, we have probably 400 law schools devoted to legal education. If these problems that confront us today are to be solved it must be by the cooperation of these three branches of the profession, and that is why I welcome a chance to take part in this meeting and establish closer contact.

The teacher must be a specialist, if the work of improving the law or the procedure of the law is to be considered, he must have the cooperation of the specialist. Most of the notable law treatises that have been published have been the work of teachers, such as Blackstone's Commentaries. If you have not recently done so, I advise you to read again Blackstone's opening lecture on the study of the law. Commentaries on American Law grew out of his lectures in 1796 and 1797. The treatises of today that are masterpieces are the work of specialists. Evidently there is need and use of this third branch.

The American law institute finally came into existence. The work has since been sufficiently endowed under the Carnegie Foundation. We are now ready for the training of young men and women in law. I think the time has passed when they could be trained in a law office. Legal education is an interesting subject to me and I notice that the address of the president of the American Bar dwelt upon the improvement of the standard of admission to the Bar.

Legal education in the colonies was unknown and for a time lawyers were not allowed to practice. This was during the 17th century. With the development of commerce, advance of land values and growth of population, it became necessary to have legal practitioners and many colleges arose the graduates from which began to go to London to study. They afterwards became the leaders of thought and represented the legal side of the separation of the colonies. The standard of admission was then higher than it is now. In 1797 in New York, the Supreme Court required seven years of preparation before admission. Then for a time standards were lowered.

There was no bar for a long period in the middle of the last century. This caused depression of our standards of civilization. The corruption during that period can be attributed in part to the low standard in the legal profession. Since about 1890 we have been making improvement in the standard and in legal education. Reputable medical schools have rather exacting standards and it should be the same with law schools.

There used to be a controversy about the method of instruction in legal education. Since Langdell started his method of instruction, it was not many years until he had won his battle to establish the case method of instruction. I think it is difficult for one trained under other systems to grasp fully the case method.

After all, what is law? I suppose it is the result of human experience. There must be some law governing all multiplicity of conduct. the antithesis of chaos. We are trying to keep abreast of the life of the people in adopting these purposes and principles to the conditions of life. I can safely and truthfully say, even with the improvement of the past 35 years, that our standard for admission to the bar is lower today than that in any other civilized country. In England and France, the requirements are very exacting. Their conception of the profession is so high that it cannot be mingled with anything commercial. Some of us are forgetting that it is a profession and not

commerce.

At the University of Idaho, we are trying to build gradually, a good little law school. We are trying to make the standards reasonably high. It is not for the indolent and the stupid, but we want every young man who can qualify. Most of them come from humble beginnings, all races, creeds and colors. We must first have character and we hope to help develop that character. This year, the rule requiring two years of legal training goes into effect and we use the case method of instruction. We are not trying to peddle fallacious certainties, to train the memory or to cram a fund of information. We are trying to train the powers of reasoning and to develop the technique of practice as much as we can in to discussion every day and give the student a chance to think for himself. We have now four members in the faculty, Mr. Merrill, Prof. Harris, Prof. Gill and myself.

As to the last examination, there were twelve applicants. Four were not of the law school and failed. Four passed and were graduated from the law school. Four came close and one of these missed by what might be termed an accident. The other three were very close

in line. I am not disappointed at the result. In the long run, it will serve a good purpose. It is well for them to know that they must get down to business. We don't want loafers, indolents or those not intellectually fitted for the work. What is required is a good mind and, most of all, character.

I appreciate this opportunity to talk with you intimately. This school belongs to the people of Idaho. We are here to build up the legal institutions of Idaho and help solve some of the problems that confront us in these troublous times."

Chairman Leeper extended the thanks of the association to Dean Davis for his address and opened the meeting to discussion concerning the cooperation of the members of the Bar Association and the Law School of the University. He remarked that this was the first time that lawyers had ever manifested any interest in the school and the first time the school had ever asked for help in solving its problems.

Judge Johnson inquired what the members of the bar could do to further the interests of the school to which Dean Davis replied that they could cooperate by sending Idaho students to an Idaho school and by giving them the ideals of the legal profession. He asked for members of the bar to visit the school and keep in touch with the work there. He suggested that a series of lectures by members of the Bar would be beneficial and that for his part he would be willing to work with the Bar Commission in working out the problems of the school.

John J. Gray, Coeur d'Alene, paid tribute to the earnest efforts of the teachers at the University of Idaho. He felt that perhaps some mistake had been made in establishing the law school at Moscow but that now that it was there, it should receive hearty support. He said it was a question of how many law schools the west can maintain. He thought the requirements of students entering law schools should be made more stringent and that no student should be entered until he had received his Bachelor's degree. He did not hold these views to limit the chances of students, but was of the opinion that many of the students not holding degrees were intellectually immature.

Frank Martin, Boise, commended the work of the Law School of the University of Idaho. He stated that the Commission and the University could work harmoniously in raising the standards for admission to the Bar of the State of Idaho.

Prof. Harris, of the Law School, spoke briefly expressing his hearty approval of cooperation between the school and the bar of the state.

Grover Pennell, Nezperce, J. C. Applegate, Clarkston, Washington, and R. H. Johnson, Boise, commented on the success of the law school and endorsed the plan of cooperation discussed by Dean Davis.

Judge Miles S. Johnson, Lewiston, suggested that the place of meeting be changed tomorrow to the court room. He made a motion that the meeting adjourn today to meet at the court room tomorrow and that the public be invited. The Elk's club was also suggested as a place to meet. After some discussion, the matter of selecting a meeting place was left to the President.

Frank Martin, Boise, made a motion that the matter of extending the appreciation of the association to Judge Kuykendall for his address be referred to the resolutions committee. This was seconded by Judge Miles S. Johnson and carried.

John R. Becker, Lewiston, announced the hour of the banquet as 6 o'clock in the evening.

Chairman Leeper announced that cars would be available at four o'clock to take visitors for a tour of the city.

AFTERNOON SESSION, SEPTEMBER 4

Chairman Leeper opened the meeting and said:

"For the past two years I have been gathering statistics that have never been published. I have obtained from the probate judges of the state the number of juvenile delinquencies in the state over a considerable period. The information has been compiled, with the help of a secretary, and I cannot claim any particular credit for it except in adding up the figures. This report is the first gathering of figures in a state which is entirely rural. It was done to find out if crime is increasing in like ratio in rural districts as in cities and my conclusions are that it is just as great in the rural communities. With your permission, I am going to present these figures. (See Appendix).

A vote of appreciation for his address was extended to Mr. Leeper.

James E. Babb, Lewiston, commented on the causes of increasing crime and deplored the fact that places of amusement tending to break down the morals of young people were permitted to run all the time when places where they could improve their minds were closed on holidays, citing for instance, the public library which is always closed on holidays while the picture shows are permitted to operate.

Dean Davis suggested that members of the bar as leaders in their communities would do well to have church affiliations.

Eugene O'Neill, Lewiston, commented on Mr. Leeper's report and suggested some evils that he was of the opinion should be eliminated. Billboards advertising cigarettes he regarded as a nuisance. He advocated the enforcement of the law against boys under 18 being permitted to smoke. He thought there would be no trouble in enforcing the laws if children were taught self control and respect for the laws.

P. E. Stookey, Lewiston, made some interesting comments on curbing crime by having the members of the bar themselves strictly observe the laws and thereby encourage others to be law abiding.

The chairman read a telegram from Judge Herman H. Taylor, dated at Spokane, Wn., addressed to Hon. Miles Johnson.

"Had hoped to attend meeting. Am unavoidably delayed here. Please convey to the association my sincere regrets and wishes for a successful meeting."

EVENING, SEPTEMBER 4

A banquet was held at 6 o'clock in the Lewis-Clark hotel, followed by a ball at 9 o'clock. At the banquet brief addresses were delivered by Attorney General A. H. Conner, Commissioner Frank Martin, John J. Gray, James E. Babb, R. F. Fulton and R. McNair Davis.

A musical program was furnished by Mrs. George Campbell, Mrs. Lindsay Beeson, Mrs. Boyde Corneilson, Mrs. Elsa Hughes, and Miss Mona Quilliam.

PROCEEDINGS OF THIRD DAY, SEPTEMBER 5
President Leeper called the meeting to order saying:

"We will now resume our regular program. We have only two matters left, the address of Mr. John P. Gray, of Coeur d'Alene, and