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The Green Bag

be brought about? Lawyers feel that they are not true to their clients unless they urge every defense, both real and technical. Acts of the Legislature looking to reform in criminal procedure are oftentimes, as Mr. Lehmann has pointed out, disregarded or set aside. No doubt but articles like Mr. Lehmann's in the law journals will do a great deal of good in bringing about the much needed reforms he therein discusses. I have thought that if the states would arrange for the various circuit and district attorneys to attend the courts of appeal, requiring each to prosecute before said courts the cases appealed from his circuit or district, it would have a good effect in that it would, at least to some extent, counterbalance the influence of attorneys for the defense. It is true, most, if not all of the states, have an assistant attorney-general to represent the commonwealth before those courts, but how ever able he may be he is only one against the many. It would be expensive to have the circuit or district attorneys attend the courts of appeal, but the end to be accom plished is greater than the expense. j. h. McMillan. Comanche, Texas, Mar. 24, 1909.

A CRITICISM AND A SUGGESTION To the Editor of the Green Bag:— Dear Sir: Are questions and criticisms in order? If so, let me submit a criticism on the Latin course required—at least in Pennsyl vania—of expectant students of law. It is the one practically required for entrance to a college. Yet from my experience, it is quite beyond the opportunities afforded to quite a proportion of legal fledglings who have only a high school training, and listening to the divine call of Astraea must press forward as rapidly as possible in their studies. I copy the requirements from the pamphlet issued by the State Board of Examiners, which prob ably does not materially differ from that in other states :— "A. The first four books of Caesar's Com mentaries. "B. The first six books of Virgil's jEneid. "C. The first four Orations of Cicero against Cataline. "This examination will include a general knowledge of the subject-matter, history, geography and mythology of A and B:—

sight-translations from the above works and sight-translations taken at large from Virgil and Cicero adapted to the proficiency of those who studied the prescribed works. The stu dent will also be required to render into Latin a short passage of English based on the first book of Caesar's Commentaries." From what I have seen of the work of high schools in country towns, and from my experience in small colleges, I think few of their students get a sufficient literary grasp of the books set. They do not have the environ ment, which helps so much; their ambition is roused; they are willing but not sturdy enough to master obstacles and have not the time to begin anew. Yet a distinct proportion of our future lawyers is drawn from such antecedents. For them Virgil is a loss of precious time. Mythology will have no place in their future pleas, and Sallust's report of Caesar's speech against Cataline is worth to him more than a book of the Commentaries. To the youth who has, or can make, his opportunities the course is proper enough; but the one whose knowledge of Latin is elementary and who has but short time to add to it a different outline is to me practicable. I am, let me say, not a lawyer but a teacher, and fond of legal litera ture. Having had twice a position in small collegiate institutions, I have partly tested by elective studies the outline I wish to sug gest. And I am now trying to bring forward by private tutoring a young man who is in this position. A solid year of hard study will be needed to master the Latin set in the pamphlet, and then there is the loss of time. But a course of this work would give him a good Latin foundation and would in the end prove of great service to him. A. In place of Caesar's Commentaries let him read Justinian's Institutes. The Latin is very easy; the technical terms, easily learned; the study would aid him in reading Blackstone; and the amount (c. 160 pages) would be an equivalent to the four books. B. For Virgil substitute Cicero's De Legibus. The three books with either one of his three essays on oratory, De Oratore, or Orator.or the Brutus, would be quite equiva lent to the 7,000 lines of Virgil required. C. For the Cataline orations, which have largely a historical interest and fine invective to recommend them, these could be read to more practical advantage: the first Verrine, the pro Roscio Amerino, the Manilian Law, that pro Milone, and pro Rabirio, all discuss