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Bar Bulletin University of Missouri Bulletin Law Series Volume 18 March 1920 Article 4 1920 Bar Bulletin Follow this and additional works at: https://scholarship.law.missouri.edu/ls Part of the Law Commons Recommended Citation Bar Bulletin, 18 Bulletin Law Series. (1920) Available at: https://scholarship.law.missouri.edu/ls/vol18/iss1/4 This Bar Bulletin is brought to you for free and open access by the Law Journals at University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in University of Missouri Bulletin Law Series by an authorized editor of University of Missouri School of Law Scholarship Repository. For more information, please contact [email protected]. BAR BULLETIN 'Editor .................................................................................... K ENNETH C. SEARS Associate Editor for Bar Association .................................... W. 0. THOMAS OFFICIAL PUBLICATION OF THE MISSOURI BAR ASSOCIATION Officers Of Association President .................................................................. ROBERT LAMAR, HOUSTON ist. Vice-President .................. C. W. GERMAN, KANSAS CITY 2nd. Vice-President ... ............. A. A. WHITsIrr, HARRISONVILLE 3rd. Vice-President ................................................ G. M. SEBREE, SPRINGFIELD Secretary ........................................................ C. H. SKINKER, JR., SPRINGVItLD Assistant Secretary ........................................ EDwAR W. L.AKX, ST. Louis Treasurer ...................... DELL D. DUTTON, COMMERCE BLDG., KANSAS CITY Trial by jury is becoming an increasingly expensive luxury.-AuSTIN W. SCOTT, Harvard Law School, 33 H. L. R. 245. We have no degrees of negligence in Missouri, so far as the right to recover for negligence is concerned. We are confining our remarks to the case in hand, and to the statute under which it is brought.-GRAVES, J., in State ex rel v. Ellison, 213 S. W. 1. c. 461. But why so cautious? DILEMMA OF TRIAL COURTS. An inspection of the reports of the appellate courts of Missouri shows that about fifty-five per cent of the cases are affirmed and about forty-five per cent reversed or reversed and remanded. A brilliant journalist, in speaking of the members of his profession, said that the editor sat at his window, watched passing events and made (20) BAR BULLETIN his comments on the spur of the moment, but that his readers had ample time to criticise them at their leisure-"the editor had to shoot on the wing but was shot at 'settin' ". This is very much the predicament of the trial courts. They and trial lawyers know from experience how little opportunity the judge has during the hearing to consider the law of the cases he passes upon. Rarely, even in intricate cases, is he presented with a trial brief and few, very few, lawyers on motions for new trial prepare such a brief as they would be willing to present to the appellate court. Nevertheless, after an appeal is taken, with miscroscopic eye, they leisurely search the hurriedly made record for errors and bombard the appellate court with their heavy legal artillery and succeed in reversing cases on points never presented to the trial court and of which he never heard. Would not the interest of litigants be better subserved and the whole system of jurisprudence much improved if lawyers and trial judges, after careful preparation, would enter upon hearings with deter- mination to end the controversy? Instead of this some lawyers seek to make the trial court a whistling station on the road to the appellate court. It would at least tend to make better trial judges, help the overworked appellate courts and bring speedier returns to the lawyer, to say nothing of the litigant.-W. 0. T. ERROR IN INSTRUCTIONS. A very large percentage of cases are reversed and remanded on ac- count of faulty instructions. Some wag very aptly said that a certain divine "offered the most eloquent prayer ever addressed to a Boston audience." It would be an interesting survey to ascertain the actual in- fluence many declarations of law have on the minds of the jury. Is it not possible that many instructions, while read to the jury, are really ad- dressed to the appellate court? Of course instructions to juries are in- valuable and a necessary guide to a correct finding of facts and by all means should state the law with accuracy. Yet some appellate courts assume that "all error is prejudicial" and lawyers with a desperate case against them on the merits will insist on a reversal because of minute aberrations in instructions that the most astute jury would never discover in a generation-and sometimes succeed.-W. 0. T. That a father is liable for necessaries for the support of a son until he is 21, but of a daughter only until she is 18, when the latter is more helpless and weaker of the two, presents a curious situation and we are fully aware of its apparent absurdity in most instances. But such is the statute, and we are controlled by it.-TRIM'BLE, J., in Winner v. Schucart, 215 S. W. 905, 1. c. 908. LAW SERIES 18, MISSOURI BULLETIN MOTIONS FOR NEW TRIAL. It will be interesting in many ways to anticipate the probable ruling of the Supreme Court en banc on the necessary contents of a motion for a new trial. The changed personnel in each of the two divisions will almost certainly again bring the consideration of this hotly contested ques- tion to the court's attention. Should Judge Williamson follow Judge Faris in Division 2 it will be up to Judge Goode to make the compelling majority. Doubtless much can be said on each side of the controversy. One thing in favor of the majority opinion, as at present expressed, is that of convenience. A young lawyer, with perfect propriety, may ex- tract from the files a motion for a new trial filed and used by his grand- father in 1865 in Smith v. Jones and refile it today in Green v. Brown with the assurance that it in every respect calls to the trial court's at- tention the errors committed by him. In addition to its convenience, no doubt its antiquity is another strong point in its favor.-W. 0. T. Now, we would like suggestions as to how to raise the standard. We feel that the public is not fully aware of the needs of high prelim- inary education. There is too much latitude given; there is too much of the idea that a young man should have a chance to make good. If any of you gentlemen have had any experience on a grievance commit- tee, you will know that in practically every case that comes before you it is the man who has never had a good, broad, general education in the first instance before he studied law, and who looks upon the profession of the law merely as a means for getting money, that comes before you.- J. C. COLLINS, member of Bar Examining Board of Rhode Island, at American Bar Association, Sept., 3, 1919. SECRETARY OF AMERICAN BAR ASSOCIATION. George Whitelock, of Baltimore, the efficient Secretary of the Amer- Bar Association, is dead. For more than twenty years he had been sec- retary. After according all the credit due the great lawyers whose de- votion has made that Association one of marked influence and efficiency, it was thru its Secretary that its complex parts articulated and its ener- gies were directed and applied. He was a man of rare executive ability, of most pleasing personality. His long connection with the organization made him familiar with all its details and he was a great treasure of in- formation. Perhaps no lawyer in the United States was better known or more beloved than he. To the American Bar Association his loss will be almost irreparable. BAR BULLETIN 23 NEED OF PERMANENT SECRETARY. The death of Mr. Whitelock brings to mind the provisions of the constitution of the Missouri Bar Association which provides that its Sec- retary shall be appointed by the President of the Association. As a re- sult we have a new Secretary with each new President. This is unfor- tunate. The Secretary should not be changed unless he is incompetent. Upon him rests the responsibility of keeping the various activities alive. He should have energy, executive ability and devotion for his work. If our present secretary proves efficient we should keep him. We need a secretary who will continually prod the committees to activity, who will remind them of their legislative and other duties, who will keep in touch with every department of the Assocition work and, with the aid of the President and Executive Committee, arrange for meetings, etc. In short, the secretary is the one to see that everybody charged with a duty does it. He is essentially the dynamo of any organization. We trust our new secretary will prove such a jewel. COMMITTEE REPORTS. There will be neither time nor opportunity to propose any legislation for the annual meeting this fall. Hence, it devolves on the present com- mittees to submit all reports which can be considered and which will be passed on to new committees to be put up to the Legislature. The last Legislature, for some unaccountable reason, killed the code bills which were the result of so much intelligent work on the part of former com- mittees and which had the unanimous approval of the Association. This, of course, was very unfortunate, but we must try again. Let's not be weary in well doing for in due season we shall reap if we faint not. We trust the various committees will hold meetings at an early date so that they can complete their reports in time for publication before the annual meeting. Legislative regulations of the details of legal procedure is bald usur- pation of the function of the courts.
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