THE COLLEGE OF LAWUNIVERSITY OF THE PHILIPPINES

GEORGE A. MALCOLMDean of the College of Law.

In extending greetings to the Philippine Law Journal, which I do

most sincerely, for -the establishment of a magazine for the closer relation-

ship of the faculty, alumni, and st~dents of the College of Law, and the

members of the bar, and the dissemination of legal knowledge, has been

one of my cherished projects for a number of years, I have considered that

a history and description of the College of Law, University of the Phil-

ippines would he most opportune in this, the inaugural number of the

Journal. Accordingly I make free use of a previous article on the same

subject, omitting portions now obsolete, but adding thereto In order to

bring the subject matter down to date.

There is, in the Philippines Islands, a unique legal system, in which

the two great streams of the law, the civil, the legacy of Rome to Spain,

coming from the West, and the common, the inheritance of the United

States from Great Britain, amplified by American written law, coming "from

the East, have met and blended. 1 On the substantive law of Spain in

force in the Philippines on American occupation, the new regime has

grafted simplified code procedure, tht! Torrens system, a negotiable instru-

ments law, American public and private corporation law, and similar statutes.

The present Government has, morover, been guided by the express injunction

of President McKinley in his instructions to the Philippine Commission,

that "It is especially important to the prosperity of the Islands that a

common medium of communication may be established, and it is obviously

desirable that this medium should be the English language." The legislative

1 See Lobingier in Review of Reviews for September, 1905; and Abreu, in Phil-il)})ine Law Review for May, 1914.

body carried forward the same idea by providing for English eventually tobv the official language of the courts.1 The courts, in· interpreting andapplying the law, have, consequently, in one opinion gone to the jurispru-dence of Spain for authority, and have, in the next, applied the rules ofthe English and American commonlaw.2

The complement of such a system of jurisprudence is obviously aschool where students are trained, in the future official language, for thepractice of law in the Philippine Islands. Experience shows that studentshave, at great expense, been sent to American Universities and have thereacquir-edan excellent knowledge of the English language, and studied con-scientiously the. principles of Ainerican law, only, on a return to thePhilippines, to find themselveshopele~slyat. sea in the Spanish law. Otherstudents have pursued a .course of legal~tudy in the Universities of Spainor France, or in schoolsin the Philippines in which, in the Spanish language,.~.the Spanish codes are studied directly, only to come forth unacquaintedwith the future official language of the courts where they are to practice,and unfamiliar with American adjective or substantive law, or cases. Inboth instances the method was wrong-the student was over-developed inone direction and under-developed'in another.

The first indication that· the Governmllntwas cognizant of such condi-tions..came with the institution in the Philippine Normal School (afterwardscarried on in. the Junior College of Liberal Arts) of a preparatory lawcourse. Act 1627 of the Philippine Commission,the Justice of the Peacelaw, gave legislative sanction to the idea when it was provided, in section1 thereof, that "The ,Director of Education shall certify to the Governor-General the names of all persons, otherwise qualified, who shall have com-pleted the course for magistrates at the Philippine Normal School orUniversity, and have expressed their willingness to serve as justices:" But,having prepared studeI).ts'to study law, the Government was apparentlyunable to provide t4.emeans fo! legal study for the students thus prepared.These students, on graduating in ~his course, were not fitted to take up aprofession other than law without further study; they had not the means

1 Act 190, Sec. 12; Ac.t 1123, Sec. 1; A~t 1427, Sec. 1; Act 1946, Sec. 1; Act2239, Sec. 1.. 2 Opinion of Attorney·General Aranet•• , Op. Atty. Gen., 510; opinicn of Mr. JusticeCarsoll in U. S. v. Cuna, 12 Phil. 241.

to attend American universities; they had not the knowledge of Spanishwhich would pmmit them to matriculate in the law schools of Manila. Thesituation of these bright young Filipinos, brought to the attention of theundersigned by them, appealed to his sympathy. Having found that theSecretary of Public Instruction did not favor the establishment of aCollege of Law in the University of the Philippines at that time, throughthe interest of the Educational Department Committee of the Young Men'sChristian Association, the Association was persuaded to give law courses,open to both Americans and Filipinos. Under the heading of "Aim andPurpose" in its announcement of the educational courses, it was said:

"Preparatory courses in law are offered at present in the JuniorCollege of Liberal Arts. English is to be made the official languageof the courts in 1913. There is no school in the Philippines whereeither Filipinos or Americans can study law in English. To fill thisneed as well as possible is the desire of the Young Men's ChristianAssociation in giving these law courses. Their purpose is two-fold;first, to train Americans and Filipinos who are properly qualified forthe Philippine bar e. amination; second, to meet the needs of businessmen, civil service employees, etc., who desire to pursue certain legalstudies without intending to practice law."

The law courses received unlooked for assistance from the beginning.A circular was sent to the members of the Manila Bar and Judiciary, andwithout exception, everyone responding, favored the proposed plan. A ten-tative course of study, inclosed for their study, was, however, criticized,and from these suggestions and from a perusal of the catalogues of leadingcolleges of law, the undersigned, with the assistance of Judge Hm'd, of theCourt of First Instance, was enabled to draft a course of study. It wasthought that it would be difficult to secure quarters for the classes, butthrough the courtesy of the Director of Education, the Superintendent ofthe City Schools, and the Municipal Board, a room in the Manila I{ighSchool was made available without expense; a study room containing asmall library was afterwards equipped in another quarter. It was thoughtthat to obtain a faculty, not alone of lawyers, but of lawyers with experiencein teaching, or with the proper temperament, would be impossible, but itproved the contrary. Hon. Charles B. Elliott, formerly Judge of theDistrict Court of Minnesota, Justice of the Supreme Court of Minnesota,and Justice of the Supreme Court of the Philippine Islands, and thenSecretary of Commerce and Police, the author of standard te::t books on

Insurance, Municipal Corporations and Private Corporations, and for many

years a professor in the University of Minnesota, gave his enthusiastic

support to the law courses not only accepting the deanship, but teaching a

course himself. The writer was made secretary, and gave two subjects.

Other members of the faculty were Mr. Justice Johnson, of the Supreme

Court, author of e.>.cellent text books on Negotiable Instruments and Code

Pleading, formerly secretary of the Department of Law in the Unive.rsity

of Michigan, and for thirteen years a professor therein; Judge Lobing-ier,

of the Court of First Instance, author of books on Philippine Practice and

the People's Law, and of the oft-cited article on constitutional law in the

American-English Encyclopedia of Law, and formerly a member of the

Supreme Court of Nebraska and of the faculty of the University of Ne-

braska; Mr. Clyde A. DeWitt, of the Manila Bar, who had taught a

number of years in the Philippines; Mr. W.L. Wright, of the Manila Bar,

to teach public speaking, having been instructor in the same subject at

Valparaiso University; Professor :B'ansler, of the University of the Philip-

pines, to teach argumentation, a course similar to those given by him in

the College of Liberal Arts; Judge A. S. Crosstield, of the Court of First

Instance, who, from his varied experience was picked as the best man for

the most fundamental of all law subjects, Contracts; Solicitor-General Har-

vey, with practical experience in criminal law, corporation law, etc., and

most studious and conscientious in his work; and Judge Goldsborough, of

the Code Committee, who at the time was investigating the very subject

he was to teach. It was not expected that t~lere would be over tiftel'n

students, but notwithstanding there had been no opportunity for public

announcement and the school was in the nature of an e..perilllent, tifty well

qualified students presented themselves for the opening exercises on July

1, 1910. With such enthusiastic support from the Bar, the faculty, the

students, and the Young Men's Christian Association, the courses could not

help but be an unqualified success.

The Board of Regents provided for the establishment of a College ofLaw in the University of the Philippines, on January 12, 1911. TheYoung Men's Christian Association, thereupon, pursuant to its previouslyannounced policy, and upon the recommendation of the Dean and Secretaryof the Law Courses, decided to disctlntinue the same at the end of thescheduled school year.

/ PHILIPPINE LAW JOURNAL

The Colleg~f Law, University of the Philippines, was organized with

Hon. Sherman Moreland, Justice of the Supreme Court, and generally

acknowledged to be one of the most brilliant lawyers and jurists in the

Philippines, as Acting Dean, and the writer as Secretary. A number of

prominent lawyers were added to the faculty. The building located at

No. 68 Calle Isaac Peral, was rented for the use of the College. Two-- . .classes, the freshman, with 125 students, and the second year, including

those students coming from the Young Men's Christian Association Law

Courses, were enrolled and began work on July 5, 1911.

During the three years which have since elapsed the work of organiza-

tion has been completed. The College now occupies the commodious Uni-

versity Hall jointly w~th the College cf Liberal Arts. It has therein offices

for its faculty, class rooms, a well equipped court room, and a working law

library containing close to fifteen hundred volumes.

The faculty is divided into t~e classes: 1. The permanent faculty

devoting all their time to the school composed of two Professors of Law,

(Professor C~t and the writer) an Assistant Professor of Law, (Mr.

Bocobo) and two instructors in law (Messrs. Hilado and Espiritu); 2.

Members of the Manila Bar and Judiciary giving subjects for which

specially qualified, consisting of Judge Lobingier of the United States

Consular Court at Shanghai, Justice Carson of the Supreme Court, Judge

Harvey of the Court of First Instance, Judge Goldsborough of the Code

Committee, Commissioner DeWitt of the Board of Public Utility Com-

missioners, Prosecuting f\.ttorney ~aredes, Judge Abreu of the Court of

First Instance, and Messrs. "Villareal and Santos of the Bureau of Justice;

3. Special lecturers on narrow topics, numbering Judge Crossfield of the

Manila Bar, Executive Secretary illamor, Mr. Del Pan of the Code Com-

mittee, Mr. Qrtigas Chairman of the 'Code Committee, Judge Ingersoll of

the Manila Bar,/Judge Sumulong of the Manila Bar, City Attorney Esca-

-ler, and Dr. Newberne of the Bureau of Health. The faculty which, as

originally constituted under the Y. M. C. A., was necessarily composed of

Americans e~lusively has since changed, so that now it is made up of

nine Americans and twelve Filipinos. Through the undersigned it is III

close touch with the President of the University and the Committee on

Law of the Board of Regents; Commissioner Palma, Justice Johnson, and

Mr. Escaler. These officials have always taken an exceptional interest in

the welfare of the college.

The student body numbers one hundred and fifty. There are also

about eighty in the preparatory law course which, with the admission of

graduates of the Ateneo de Manila and Silliman Institute, would indicate

that even with high entrance requirements of two years of college work,

and strict and thorough legal instruction, attendance is bound to increase.

'Vere the entrance requirements lowered so as to admit high school gra-

duates, there is no doubt that over one thousand would enroll, but it is not

our desire to compete with private schools or to draw from the other

professions. The student council composed of the heads of the different

organizations and a representative from each class and the college alumni

controls student enterprises. The loyalty, spirit, and sacrifices of our

students can not be commended too higWy.

The courses of instruction are so arranged that, upon completion of a

two years' preparatory college course the student receives three or four

years of practica,l and thorough instruction lor the p'ractice of law in the

Philippine Islands. These courses follow the American law school method

as to logical sequence, e.g., Contracts coming in the first year, and other

subjects, as Agency, dependent and ancillary thereto, later. They follow

the Spanish law school method in that the law in force in the Philippines

and the cases construing the same, are studied, e.g., in Civil Procedure, a

study of Act 190 of the Philippine Commission, preparing the student for

Philippine practice. Text-books and syllabi -are used where possible in

the freshman year, when the student, verdent in the law, is totally un-

acquainted with cases, how to find them, and how to study them properly

when found. The case system, with outlines, is used thereafter, where

feasible. But always the portion of the written law of the Philippines

which is included within the scope of the subject, and the leading Ollinio!};>

of the United States Supreme Court, or of the Supreme Court of the

Philippine Islands, construing the same, are thoroughly covered. Em-

phasis is placed on such practical subjects as mOQt court work, and

conveyancing; not only is it believed that students should understandthe principles of ('ode pleading, but they should know how to institute

and conduct a case through all its stages; not only should students be

familiar with the essential requirements for a good contract, will, mort-

gage, partnership agreement, etc., but they should know how to draft.

such documents.

A thesis amounting to a contribution to legal knowledge, is made a

prerequisite to graduation. Prizes for scholarship and for the winnerf'

of college contests are awarded during each academic year.

With the institution of this Law Journal, and next year, of a post

graduate review course and a free legal dispensary in .connection with

the work of the Public Welfare Committee; with action on our applica-

tion for membership in the Association of American Law Schools; with

the organization of the alumni association, and with legal re earch work

begun by members of the faculty, the plans, which I have had, will have

been realized. We have next to organize and develop a School of Finance

and Business Administration in connection with this College.

With the foregoing description of the College of Law, I conclude as

I did in the article from which this is taken-

The stock objection to a Government law school In the Philippines

was, and is: "There are too many lawyers and politicians in the Philip-

pines." In a measure, the statement is correct. The Philippines do not

need so-called lawyers, who are only able to fulfill Aaron Burr's ironical

definition of Law: ''Whatever is boldly asserted and plausibly main-

tained." 1 The Islands do not require politicians who believe with the

cynical Voltaire that: "The art of government is to compel two-thirds of

the people to pay all they can to support the other one-third." Even

the description of a juris-consult, by Cicero, is not sufficient: "Skilled

in the laws, and in the usages current among private citizens, and in

giving opinions and bringing actions. and guiding his clients aright." 2

W1lat is needed is, not a greater quantity, but a finer quality of men,

who, thoroughly grounded in a general education, have builded thereon

an understandable comprehension of the existing law and institutions of

the Philippines, and who upon graduation, can practice law in the official

language and take a leading, progressive part in good government. TheCollege of Law will fail in its duty just so far as, through over-kindheart-

1 Magruder, Life of Marshall, page 203.2 Quoted in the Yale Law Journal for November, 1911, page 72.

edness or laxity the road to the practiee of law or to a place In public

life is made easy.

The school can not hope to accomplish its plans, or to assume its

proper place by merely striking the rock and expecting there to burst

forth a complete college---but varying the figure of speeeh, as was said

m the Talmud:

"The foolish man says, 'It is impossible that J should be ableto remove this immense heap. J will not attempt it.' But the wi:,;eman says, 'I will remove a little today, some more tomorrow, andmore the day after, and thus in time I shall have removed it Hll." 1

Said Alexander Hamilton, quoting from Hume, to show that a per-

fect constitution is not possible: "The judgment of many must unitl'in the work; experience must guide their labors; time must bring it to

perfection, and the feeling of inconvenience must correet the mistake:,;

which they inevitably fall into in their first trial and experiment." Thl'

idea thus so appropriately stated by this eminent statesman is ju,.;t a,.;

true in its application to the College of Law. It can, however, even now,

have as its ideal that whieh President Bartlett so Hptly phrasl'd in hi,.;

inaugural address as "efficiency." The College of Law, Univer,.;ity of

the Philippines eun, under any circum:,;t.lmce,.;, and at all time,.;, aim atbeing primarily a college of law of the" Philippilw Islands, for the }<'ili-

pinos and other residents of the Island,.;, and eventually, partil'1I1arlyas students are graduated and gain experil'ncl', 11.1/ the Filipinos.

THE FILIPINO LEGISLATOR; HIS DIFFICULTIESAND SUCCESSES

AN ADDRESS DELIVERED BY HON. VICENTE SINGS ON Y ENCAR-NACION, MEMBER OF THE PHILIPPINE COMMISSION, BEFORETHE LAW FORUM OF THE COLLEGE OF LAW ON AUGUST 1,1914.

As you know, in the United States there are two great political

parties which up to the present time have been in power alternately.

One is the republican, and the other the democratic party.

The leaders of each of these parties have declared that it IS not

the purpose of the American people to enslave us, but to prepare us for

an independent self-government; the only difference between them being,

that while the republicans proclaim that the present generation is not

capable of maintaining a stable independent government and that it will

probably be necessary for two or three generations to pass before such

a government can be established here, the democrats contend that sel -

government and independence must come in time for us, who are living

and have struggled to establish such a government, to enjoy the same,within say, two years or within four or six years at the mos;;.

The republicans, consistent in their ideas. passed the Act of Con-gress approved July 1st, 1902, known as the Philippine Bill, entitled "An

Act temporarily to provide for the administration of the affairs of civil

government in the Philippine Islands, l"'\d for other purposes," by which

the Philippine Commission was to be converted into the upper house and

the Philippine Assembly into the lower house of a Legislature granted to

the Filipino people merely as an opportunity to demonstrate its capacity

for self-government.

I

PHILIPPINE ASSEMBLY.

Leaving the Philippine Commission to the last, I shall now pass on

to the consideration of the Philippine Assembly, which, as you all know,

was officially inaugurated on the 16th of October, 1907. The Assembly,v new thing. in this country, dUring the first months and even years of

its existence, encountered not only the natural difficulties attendant uponevery new constructive undertaking but also many ·others which have notbeen met by other old legislative houses or assemblies of civilized nation!'and which have required the greatest efforts on the part of the Assemblyto overcome.

NATURAL DIFFICULTIES INCIDENT TO THE ORGANIZATIONOF THE PHILIPPINE ASSEMBLY.

The memJ>ers of the Assembly, in order to overcome the naturaldifficulties attendant upon a new Qrg:,;nization,were compelled to adoptthe rules of some other legislative chamber, and did so, not haphazardbut deliberately, selecting the rules of the House of Representat.ives ofthe United States. In doing so, they took into account the fact that.~t that time the majority of the Commission, the other legislative house,

was composed of Americans, who were naturally more ltecustomed to themethods of their own congress, than to those of any other nation, and,chiefly, they took into account that, in the end, the American peopleand no other ,would be the judge of the success or failure of said As-sembly which was being established ao; the touchstone of the capaeityof the Filipino people to make their own laws.

When under way, after the ordinary routine work necessary III alllegislative labor, such as the introduction, consideration and discU!';sionof bills prepared by the delegates themselves or by any private (~itizenhad been settled in an ordinary manner, they were confronted by a funda-

mental difficulty which was whether the members of the Assembly' wererepresentatives of the electoral districts which had elected them or weresimply delegates thereof.

Although at first it was maintained, on account, of the desig-nation"Delegate to the Philippine Assembly" that they oug-ht not and couldhot have free opinions on questions on which contrary and unequivocal

opinion had been given by the districts from which they were elected,after long discussion it was generally admitted that the members of theAssembly were vested with all the prerogatives of representatives in

popular chambers of the most democratic governments and that there-

fore, even though they were called delegates and not representatives,

in all questions submitted to their consideration they substituted their

constituents, or inhabitants of their respective districts, to the extent

that, outside those matters which were the subject 'of consideration

during the election campaign in which they were elected, they should

be free to have such opinions as they thought fit, in the manner they

conceived the most advisable for the interests of the country in g-eneral

and of their district in particular. We therefore established definitely

as a precedent that a delegate to the Philippine Assembly, outside the

questions which were clearly at issue during the electoral campaig'n in

which he was elected, substituted his constituents and was thereforemtitIed to hold opinions which were in agreement or counter to the opinion

of his district.

In the course of some months it was noted that the system of

organization adopted by the Assembly carried with it, as a natural and

logical consequence, a lack of connection, coordination and affinity among'

the different laws which were being enacted, for the reason that said

chamber had been organized into several committees which constituted,

to parody an expression of Senator Hoar,' of Massachusetts, so many

other little legislatures, by reason of their power of directing leg'isla-

tion, without any bond of connection between them. In order to avoid

this, which had been foreseen, and to secure to a certain extent, homo-

geneity and unity of legislation, the most precious product of the parlia-

mentary system, the committees on revenues or taxation and that on

expenditures or appropriations were consolidated into one single com-

mittee, the members of which were p.ractically all of the chairmen of the

other committees, thus establishing a point of contact and a certain

union amongst all 'of the committees, something which does not exist in

the House of Representatives of the United States or in the legislatureof any other country which has adopted the congressional system.

The present government of the Islands, owing to its state of transi-

tion does not rest, as in all other constitutional countries, on the basis

of a division of powers, legislative, executive and judicial, for althou~h

the judicial power is absolutely separate from the legislative, it is not

separate from the executive power, (or at least was not prior to the

e::nactment of what is commonly termed the judicial reorganization act),

and the executive power is intimately connected with the legislative

power, so that it can be said that the system is entirely lacking in prece-

dents from other civilized nations.

It is on account of these features that it is impossible to determineit our system of government is parliamentary or congressional, for,

while our Assembly, because of its internal organization and because

the secretaries of departments do not in any way direct the legislation

emanating from that body, is, on ~en,~ral lines, of a cO:Qgressional type;

the Commission, for the reason that the most important legislation re-

lated with the bureaus of all the departments of the Insular government

emanating from it is directed, (or at least was directed prior to JulyCld, 1914), by the secretaries of departments, who, up to that time, were

rommittees of one on all matters pertaining to their respective departments,

appears to have the features of a parliamentary system. Our system of

government is therefore, to use the expression of t1H' famous commentat.or

Dr. Gonzalez Calderon, quasi-congressional or quasi-parliamentary.

The members of the Philippine Assembly had· necessarily t.o en-

counter 10 their labors all of the disadvantages of the rongressional

system, to travel alone and without a guide and without. the aid of

experts 10 each legislative matter, and witnout the nccessary detailed

data from the executive branch of the government, in order to carryon

a conscientious and wise legislative work, und had not thc chief advantage

of the parliamentary system, whirh is the power to compel thc executive

or rather, the secretaries of departments, to follow their opinions or

ideas in all legislative work of importance, for, as Vandervelde very well

says, in a parliamentary government the eleetive assembly (Iowcr house)essentially decides the fatc of the ministers.

Under these very special circumstances, III which everything was

10 obscurity and in which there was nothing to enlighten the members

of the Assembly or guide their acts, without precedents from other gov-

ernments, they were obliged to man:<:teture a great part of their own

precedents in order to have something which might serve as a guide and

rule of conduct in their future acts.

Another of the great difficulties which the Philippine Assembly en-tountered during the first years of its work was the lack of clear and

explicit provisions in the law creating it regarding its privileges as the

only and genuine representation of the people of these Islands m the

matter of legislation. For this reason it has had to employ a great

part of its time and energy in struggling with the Commission to havethe latter recognize as a privilege of the Assembly,· similar to that of the

House of Representatives of the United States, the exclusive right to

initiate legislation providing for new taxation or making an appropria-ti.on or e~penditure of any sums from the public treasury, and tpe de-

signation of Filipino Delegates or resident commissioners in Washington,

the Assembly believing itself to be the only representative of the Fili-

pino people, inasmuch as its members are the only ones who are directrepresentatives. After a hard and incessant struggle the Commission has

recognized the first of these privileges, as at present no legislation appro-priating funds, creating taxes, etc., originates in the Commission.

The Philippine Assembly has been repeatedly censured for the man-

ner in which it carries on its legislative work, but the criticism that has

persisted, with some measure of rigor, can be reduced to three: (a) the

secret caucus meetings; (b) the passage of important bills without dis-

cussion, and (c) the enactment of a large number of bills on the last

days and, chiefly, on the last day and night, of the sessions.Caucus.-The Congress of the United States, as I have already ob-

served, is divided and directed by several permanent committees; each

standing committ~e is made up of several members belonging to the

different political parties so that there is not and cannot be any bond

of union within the house amongst the different members of a political

party, such as there is, for example, amongst the members of the sameparty in England. To supply the lack of this bond of union, American

politicians have invented and put into practice caucus meetings which

consist, in the reunion of all members of a political group for the pur-

pose of arriving at an agreement with respect to some le~islative measurepending before Congress.

The Speaker of the Philippine Assembly tried to test these meetin~s

among the members of the Assembly with the difference that, while in

the American Congress all such members belong to one party, here inthe Philippines, generally, the meetings are not only among those belonging

to the party of the majority, but also among those of the minority.

From this fact that such meetings are held amon~st all of the

members of our popular chamber, with some frequency, the criticism

has no doubt arisen that it makes legislation behind closed doors, a

(riticism which is in a way justified when it is remembered that this

practice has continued even after the period which we might call the

period of organization of the Assembly had passed.

Passage of important bills with little or no discussion. This is one

of the criticisms which has persisted from the time of the e~tablishment

of the Assembly to the present day, but which, in my opinion, should be

blamed on the system and not on the members of the Assembly.

In countries where the parliamentary system is followed, legislation

IS directed and concentrated in the hands of Ministers who all belollg to

the majority and for this reason every legislative measure submitted to

the consideration of the Hou~e is and must be considered as a party

measure and as such is very frequently opposed by members of the

minority. So, in such countries it has been' said that every important

discussion is an act of accusation by the minority against the majority,

and every important vote is the defeat of one party and the triumph of

another. But in our Assembly and in all other countries where the

congressional ~ystem rules, every legislative measure submitted to the

house or assembly for consideration is directed by a committee which:flvariably is composed of members belonging to the majority and the

minority, and such a measure, ~enerally, is not a party measure, but II,

~ort of agreement or compromise between the members of the majority

and of the minority composing the committee that has studied the mat-t,:,r. There being, therefore, with rare exceptions, no legislative measures

of a party type submitted to the Assembly for consideration, it is natural

that it is not constantly divided and therefore disposed to constantdebates.

Passage of a large number of bills during _the last days, and chiefly,

during the 'last day and night, of the sessions. Prior to the last sessions

of the Philippine Legislature, the Assembly committees were not in the

habit of commencing to dispose of the bills submitted to them for con-

sideration until after more than half the session had been finished, so

that during the last days of the session such a large amount of work

was piled up and they had such a large number of bills, of greater or

less importance, that on the last day and last night of the session about

seventy per centum of the bills committed to them were disposed of.

The same thing happened at the last session but not to so great a degree

on account of the harmony which has existed between both houses of

the legislature and because the committees had started to report on thebills committed to them from the first days of the session.

Had it been considered that the organization of our Assembly is butrecent, and what takes place in the American Congress and, probably,in all other congresses of the world, the criticism of our Assemblyregarding the postponement of important matters until the last day andnight of the session would probably have been moderated very much.Consider what Senator Hoar of Massachusetts says, speaking of theAmerican Congress: "Every Monday,"-he says,-"after morning hours,and at any time during the last days of the legislature, motions to

suspend the rules become the order of the day. Every- member thenproposes to suspend the rules and pass any proposed bill. Two-thirdsof the members voting are required to adopt such a motion. It canlead to no discussion nor to any amendment. So that, if two-thirds ofthe "members agree, a bill, by a simple vote, without discussion or change,

will pass through every .phase of procedure and will become law, justas soon as the house of representatives can realize this transformation:In this way hundreds of measures of vital importance receive, toward the,

end of the expiring legislature, without discussion, modification, printing)

or being understood, the constitutional assent of the representatives of tHe

.dmerican people."

The Philippine Commission as I have said before, according to theprovisions of the Act of Congress of July 1st, 1902, has been convertedinto the upper house of the Legislature, and although its Filipino mem-bers have not found the great difficulties encountered by their colleaguesof the Assembly in their organization, they have required, however, inorder to carry on their work successfully, greater study and extremeability, taking into account the fact that their American colleagues withwhom they are obliged to discuss the different bills submitted to theconsideration of the Commission, are secretaries of departments andraturally possess a greater knowledge of all of the data and detail

from the bureaus and offices of the Insular Government, which it issomewhat difficult and sometimes impossible for the Filipino members toget; especially on account of their most singular condition in having tolegislate for a country to whom their responsibility is most insignificantcompared to that which they have to the President of the United States.For this reason the situation has been most difficult and delicate for

them to be obliged to vote on an Assemhly hill when the ideas of thepeople were opposed to the policy of the administration at Washington.

Since the opening of the Assembly until November, 1913, the Amer-ican members of the Commission, on account of heing in the majorityand all of them committees of one on matters pertaining to their respec-tive departments, practically controlled this branch of the legislature,but under the new policy of President Wilson, ably inaugurated by Gov-ernor Harrison, the Filipino members now constitute a majority, andpractically at all sessions of the last Legislature had upon their shouldersthe greater part of the responsihility of the Commission. From.J uly 3d

last it has been definitely and practically established that the greaterpart of the responsibility for all legislation emanating from the Commis-;.;ionrests upon the Filipinos, as they are in the majority and since thatdate are chairmen of committees on matters pertaining to each of thedepartments of the Government.

To sum up: In spite of the difficulties encountered by the Filipino

legislator, both in the Philippine Assembly and in the Philippine Com-

mission, hereinbefore mentioned, it can be said without fear of makin~ a

mistake that he has shown not only intelligence but also ability in the

exercise of the legislative power. A proof of this are the 606 laws,

37 concurrent resolutions and 32 joint resolutions passed since the 16th

of October, 1907, as are also, chiefly, the words of President Taft in

his message as Secretary of War to President Roosevelt ar.d those of

Governor-General Harrison in his message read at the opening of the

special session of the last Legislature.

The former then said:

"The Assembly has shown a most earnest desire, and its leadershave expressed with the utmost emphasis their intention, to laborfor the material prosperity of the Philippines and to encourage thecoming of capital and the development of the various plans for theimprovement of the agriculture and business of the Islands whichhave commended themselves to those in the past responsible for thegovernment there. In other words, thus far the Assembly has notmanifested in any way that obstructive character which those whohave prophesied its failure expected to see, and who, in this respect,paradoxical as it may appear, are equally disappointed with thoseanti-imperialists who have hopefully looked to the Assembly as ameans of embarrasing the present government. The organization ofthe Assembly is one of the great steps in the education of the Fili-pino people for complete self-government."

What Governor-General Harrison said is as follows:

"Gentlemen of the Legislature: Nearly four months ago I ad-dressed you for the first time. I came to you then with high ex-pectations of your legislative ability; those expectations have nowbeen justified. During the regular session which has just elapsed,your labors for the public welfare have been earnest, industriousand efficient. Your comse has been one of progress, and economyof the public monies. Many laws of great importance have beenenacted."

It can therefore be affirmed, to parody President Wilson, that if the

.fi'ilipino legislator is not as good as he might be, he is, undoubtedly, as

good as he can be, under the circumstances.

As you will have seen, the work of the men who have up to the

present time been directing the country has been great, but I believe that

you who are young students now, will have greater responsibilities upon

your shoulders when you shall have reached the age to occupy the places

that we must leave, as, by that time, r expect and sincerely believe that

the Filipino nation will travel alone, without teachers, without guardians,

without mentors of any sort. For that reason you, who have now the

opportunity that we never had in our youth to educate yourselves as

thoroughly as you wish, must not waste a single moment nor let any

opportunity slip to qualify you for the future to bear the stupendous

responsibilities which will be upon you when you shall be the directors

of the first democratic republic in the Far East. The road which you

will have to follow is rough. You will have to submit to many trials,

many privations and not a few disappointments; but always aim high,

have faith in your own efforts and that honest and constant work is

always rewarded, and at the end of your journey you will feel a great

satisfaction in your souls, for. then you will see that you will not only~

have done your duty to yourselves, but your duty to your parents, your

teachers and your friends and, above all to the community to which you

belong, to the country of which you at present are, in the immortal words

of Rizal, a beautiful hope.

r thank you one and all.

PHILIPPINE LAW JOURNALPublished monthly. August to April. inclusive. during the academic year by the alumni and

students of the College.of Law, University of the Philippines.

MANAGING EDITOR. BUSINESS MANAGER.Alexander Reyes. 1914Law. Paulino Gullas. Junior.

Jose A. Espiritu. 1913LawVictoriano Yamzon. SeniorAurelio Montinola. Senior.

AlumniStudent Activities.Note and Comment.

FACULTY ADVISORY COMMITTEE

George A. Malcolm. Dean of the College of Law.Clyde A. DeWitt. Professorial Lecturer on Corporations.Jorge Bocobo. Assistsnt Professor of Civil Law.

AUGUST, NINETEEN HUl'IDRED AND FOURTEEN===

OUR POLICYA few words as to the scope and purpose of this magazine may not

be amiss, as they will serve to outline the intentions of those who areresponsible for its publication.

The Philippine Law Journal has for one of its purposes the solidificationof the interests of the alumni and the student body of the College of Lawof· the University of the Philippines. By bringing to the attention of thegraduates questions that they are in a measure qualified to answer, and byemphasizing for the undergraduates the various points which have helpedto make the work of the alumni efficient the Journal will serve to makethe alumni and undergraduates mutually helpful. There are various itemsof college interest which appeal to the alumni, and these should help en-large their love for that instit)ltion from which they have been graduated.

The public also should be considered, as it is the public that supportsthe College of Law. Consequently each month during the present yearthere will be published a picture of some prominent member of the Henchor Bar, together with a brief account of his life; next y(~ar it i~ hoped todescribe legal institutions, and the year following to give biographies ofprivate practitioners. Leading articles by men who have gained distinctionin the practice of law, comments, review of cases, supplements that will takethe place of texts,-these are but samples of the material which will bepublished during the college year by the Philippine Law Journal. Thematerial so issued will be available to the public in the best form at thelowest cost.

With these purposes in mind, the Philippine Law Journal makes itsappearance before the bar of public opinion. The cOlPbined product ofthe students, the alumni, the .faculty, and the legal' profession of thePhilippines, constituting the material which will find its way into thecolumns of this publication, deserves consideration from all.

Victoriano Yamzon,Acting Managing Editor.

Note and CommentAURELIO MONTINOLA. Senior

PURPOSE

If is the purpose of this department-I. To review books and articlesdealing with the Philippines or deemed of special interest to lawyers here;2. To digest'leading cases of the Supreme Court of' the Philippines;3. To digest or note cases of the United States Supreme Court, theSupreme Court of Spain, the Supreme Court of Porto Rico, or othercourts, which bear on Philippine jurisprudence; 4. To do the same asto Acts of Congress, Acts of the Philippine Legislature, rules of the courts,and opinions of the Attorney-General of the United States and the Phil-ippines; 5. In short to cqmment on all such legal topics as will bevaluable for law students, lawyers, or members of the judiciary in thePhilippines;

It is not the purpose of this department-I. To encroach on the fieldof the Philippine Law Review or the Official Gazette by copying verbatim(except for some unusual and pressing reason) opinions of the SupremeCourt of the Philippines, Acts of the Legislature, etc.; 2. To encroachon the field of American, English, Spanish, or other magazines by gettingoutside the scope of Philippine affairs.

This month, owing to the shortness of the time, we are handicappedin our plans for this department. In fact it must be a matter of evolution.In the 'meantime, and in fact at any time, will not our friends assist byinviting ,our attention to books, articles, opinions, etc. which should benoticed, or by reviewing the same for us"

THE CASES OF WORCESTER v. BLOUNT AND BLOUNT v. WOR-CESTER, together with judicial view by LeRoy.

Recently we read these noted ca8es. There is a brief by Judge Blountof six hundred and fifty-five pages entitled "The American Occupation ofthe Philippines, 18981912." There is likewise a brief by Secretary Wor-cester of some thousand pages denominated "The Philippines Past andPresent." And we must confess that our brain was weary. But courage-ously we took up what we anticipated would be another argument, but toour pleasure found it the opinion of a )udge--James A. Le Roy, "TheAmericans in the Philippines, A History of the Conquest and first yearsof Occupation with an Introductory Account of the Spanish Rule," twovolumes, Philippine Education.

To tell the truth we liked Mr. Le Roy's work, with all its deficiencies,due, undoubtedly to his untimely death, exactly because he did not assumethe role of the advocate but· did attempt that of the judge. He does notstart from a preconceived premise and argue toward a desired result. Itis the work of the student and scholar who takes his facts from originalsources, states them fairly, and then draws conclusions therefrom. AsPresident Taft says in his Introduction:

"In spite of his failure to round out the work, he has left a mostvaluable aid to the student of Philippine history in that which he did

complete. • • •"Nowhere can a clearer and more judicial statement be found

than in those chapters which Mr. LeRoy, who had really given uphis life for the Philippines, was ,able to complete. Tflere will bpdifferences of opinion with Mr. LeRoy's conclusions, but what makeshis work so valuable is that he states the evidence on both sides ofcontroversial issues, and while he draws his own inferences, he adducesthe sources of his information and states the evidence on both sidesin such a way as to enable the reader to exercise his judgment, andaffirm, or differ from, the conclusion of the author."It is to be lamented that Mr. LeRoy could not complete his narrative.

There is need for an unbiased history of the Philippines and for a criticalanalysis of its institutions.

THE ADMINISTRATION OF .JUSTICE IN THE PHILIPPINEISLANDS. By Judge George R. Harvey, Ex-solicitor general of the

Philippines, Illinois Law Review, June, 1914.The author of this article has endeavored to condense in a few pages

all matters pertaining to the subject. The article contains in the firstplace a brief relation of the main events which, beginning with the Amer-ican occupation, led to the creation of the Taft Commission acting underinstructions of President McKinley, which were later ratified and confirmedby the Act of Congress of July 1, 1902. Then follows a short histori~aisurvey of the system of courts established here during the Spanish regime.Changes during Military occupation is the next topic, with special referenceto the criminal and civil procedure. "It was made to appear," the authorsays, "to the United States authorities that the Spanish codes were suited

to the conditions of the people but that certain changes in procedure wereI -

advisable or necessary in order to expedite court proceedings." Under the

head of "the -Present Judicial System" the author describes the different

k:ndsf of courts in existence and their respective jurisdictions. He calls

attention to the fact that "the participation of the natives in the legislative

and judicial affairs of the government has been greater than in any other

branch of the government" and supports his assertion by citing several

responsible positions in those branches fillp-d by Filipinos. Among the

satisfactory results arising from the present organization of courts, the

author quotes from a report of the Secretary of Finance and Justice to

the effect that "it has brought home to the Filipino people an abiding

conviction that in the courts is to be found safe and reliable protection

against unjust invasions of person or property." The article as a whole

will prove of much value to anyone seeking general information on the

subject of the administration of justice in the Philippine Islands.

THE ORGANIC ACT FOR THE DEPARTMENT m'MINDANAO

AND SULU

On December 1, 1913, the Governor General appointed Mr. Frank W.Carpenter Governor of the Moro Province, and a few days later the Phil-Ippine Commission passed Act No. 2309 "changing the name of the MoroProvince to the Department of Mindanao and Sulu." At first sight it

would seem that this change of name is not worthy of notice. Its coinci-dence with the appointment of the first Civil Governor of Mindanao and

recent developments, however, have shown that the Philippine Commissionhad already in mind the general outline of a government which later foundexpression in Act No. 2408, the Organic Act for the Department of Min-

danao and Sulu, enacted July 23 to tak~ effect September 1, 1914.

A perusal of the preamble of the law will show the three main objectsfor its enactment: 1. To effect a change in the form of government, in-troducing needed reforms, insistently demanded and justified by actual

conditi~ns; 2. To promote the most rapid moral, material, social and poli-tical development of the inhabitants of the department, in accordance withthe desires of the Filipino people, with a view to accomplish their completeunification with the rest of the archipelago; and 3. To obtain these higWybeneficial purposes, the extension of the -general laws of the country and

of the forms and procedure of government followed in other provinces wasdeemed advisable and necessary though at present with certain temporarylimitations in harmony with the special conditions prevailing. It may beconsidered as a period of transition'leading to the abolishment of the de-partmental government and the establishment of the government of a regu-larly organized province. This the Commissiondeclares to be "its firm anddecided purpose."

Hon. Vicente Ilustre, chairman of the committee on matters pertain-ing to the Department of Mindanao and Sulu stated to the writer in a shortinterview on the subject that the law supplied a long-felt want in theadministration of government there. He said that while the former gov-ernment was civil in name, yet the governors of the province and of thedistricts were almost all army offi~e~, and whether due to their naturalinclination to military discipline or to the peculiar laws in ,force, tl:!efactwas that the Moros were governed with an iron hand. The District Gov-ernors exercised almost absolute powers within their districts, subject onlyto the control of the governor of the Moro province, with powers moreabsolute still, and recognizing no superior but the Governor General, whoas a matter of fact seldom exercised his power. The district I;0vernor wasthe executive and the judicial departments at the same time. The systemof taxation, the commissioner said, also forced the poor Moros unable topay the same and unwilling to suffer the penalties consequent to delinquencyto escape to the mountains where the much feared hand of the governmentcould not reach them. It seems further that it had been the policy in thepast not to encourage the association of the Christian and Moro inhabitantsof Mindanao. The present Organic Law contemplates a complete unifica-tion with the inhabitants of other provinces.

The Act is divided into three divisions: The D~partment, the provincialgovernments and the municipal governments. The districts formerly in-cluded under the Moro Province together with the province of Agusan andthe subprovince of Bukidnon are the seven pro~nces constituting the de-partment.

The officers of the department are a governor, a secretary, an attorney,a treasurer and a delegate. These five officers form the AdministrativeCouncilpossessing some of the powers of the old Legislative Council, thoughwith the significant difference that its acts do not take effect until approvedby the Philippine Commission.

According to the law "the general provisions of law concerning publichealth now in force in the regularly organized provinces and municipal-ities shall apply to the Department except as otherwise herein provided."A similar proviso is made regarding public works in the .department incharge of the senior supervising engineer. An interesting provision. isfound in Section 10 which seems to be a departure from the ordinarycriminal procedure of the Islands. "With the consent of the court firsthad, the 'Department attorney and the assistant attorney are hereby em-powered, virtute officii, ~o enter a nolle prosequi and thereby at once staythe proceeding in any criminal action in the courts of justice' within thedepartment, at any stage of the proceeding." The customs revenue whichunder Act No. 787 constituted a special fund for the use of the provinceis here made subject to appropriation as Insular funds after December31,1914.

The government of the provinces hereby created is patterned afterthat of those regularly organized though with more limited powers. Theprovincial governor and the secretary-treasurer are appointed by the de-partment governor subject to the approval of the Governor General; thethird member is to ?e electedby a plurality of votes of all the councillorsofmunicipalities duly organized and certain officers of the municipal districts.,But within one year after the completion of the census for the territory oras soon thereafter as the Department governor shall certify to tbe GovernorGeneral that e~isting conditions in all or any of the provinces herein crelltf'rljustify the holding of such election the Governor General is to fix the datefor the election of the Governor and the third member.

The municipal governments are regulated by provisions similar to thoseof the Municipal Code. A source of revenue not found in the latter has,however. been created. Section 50, subdivision (f) provides for a frontlll!.etax "to be imposed in the discretion of the municipal council within tbecommercialzone upon each person occupying land fronting upon a publicthoroughfare for each meter or part of meter of frontage, upon approval ofthe provincial board of the province in which the municipality is situated.The proceeds from such ta- shall constitute a special fund which shall bee.•.pended only for the purposes of clearing, repairing and improving' thepublic thoroughfares wi~pjn the commercial zone in which it is imposed"An innovation in the election of councillors has been introduced whichmight be productive of better results than the mode of election provided

by the Municipal Code. The councillors are not chosen at large but eachbarrio elects its own representative in the council.

The department governor is authorized to organize municipal districtswhich somewhat resemble a township organization, "where the majority ofthe iI].habitants have not progressed sufficiently in civilization to make itpracticable to bring them under municipal government as provided in exist-ing legislation, and wherever non-christian settlements are so small or soremote that their organization as barrios of municipalities is impracticable."Here the officers are designated and their duties and powers prescribedby the department governor. The municipal president is in the beginningappointed by the provincial governor until such time as his successor maybe duly elected in a general election called by the Governor General upon therecommendation of the department gOVE>plOr.Municipalities already organ-ized under Act No. 82 are not affected by this provision.

Thus by this Act the people are given an opportunity to enjoy theblessings of local self-government, withheld from them for a long time.The Philippine Commission, however, realizing the danger of a suddenchange from a government more military than civil to one democratic innature, has adopted this departmental fonn as a preparatory step towardsthe contemplated end. The Commission emphasizes in almost every provi-sion of the law that the government organized under it is merely temporaryand transitory until the adoption of the fonn of local government followedin the regularly organized provinces of the Islands. We may safely assert,then, that this legislation is a great step towards attracting the Moros toan orderly life because it makes them conscious of the responsibilities ofgovernment and makes them realize the dutieS"they owe to their country.It requires no gift of prophecy to say that the fforts of the PhilippineCommission for the advancement of our heretofore somewhat neglectedbrothers, will in the near future be productive of the best resulbJ.

A.M.

NEW BAR EXAMINATION RULES

The new rules of the Supreme Court of the Philippines regarding thebar examinations, adopted by the Court immediately after the vacationseason of 1914, follow in full:

Resolved, That the rules for the examination of candidates for admis-sion to the practice of law be amended as follows:

By substituting for the words "within the month of June of each year"in Rule 6 the words "within the months of June and July of each year;"

And further by substituting for Rule 12 the following:

"Rule 12. Duly qualified applicants will be admitted to examinationas often as. they present themselves therefor, provided that an applicantwho has failed three times will not be permitted to present himself forexamination a fourth time unless three full years have elapsed from thedate of his last failure, and then only on the production at least 15 daysbefore the date set for examination, of testimonials of good·moral characterand satisfactory proof that he bas made such further and extended studiesof the law in the meantime as to justify the belief that, if he has profitedthereby, he is duly qualified for admission to the bar; and provided furtherthat a candidate presenting himself for a second, third, fourth or anysubsequent examination will receive no credit on account of any of theexercises which he may have passed at a former examination, and willbe required to submit himself to the new examination as if he were takingthe examination for the first time."

AlumniJose A. Espiritu, 1913 Law.

BOARD 01<'DIRECTORSCOLLEGE OF LAW ALUMNI ASSOCIATION

PresidentVice-PresidentSecretary-TreasurerMemberMember

Manuel A. Roxas, 1913 Law.H. Lawrence Noble, 1914 Law.

Jose A. Espiritu, 1913 Law.Aurelio A. Torres, 1914 Law.

Jose Yulo, 1914 Law.

TO THE ALUMNI OF THE COLLEGE OF LAW, UNIVERSrry OFTHE PHILIPPINES:

This first appearance of the Philippine Law Journal should be asource of gratification to us all. By it we see accomplished one of theaims of our association, and this accomplishment shows that it is a living,active and growing organization. This publication will keep us in closertouch with our College and with each other, and will serve as a meanswhereby we may be of some practical benefit to the institution to whichwe still belong. We owe her much, and much we can do for her: wecan help her do unto others what she has done for ourselves, and we canhelp her maintain and extend the enviable reputation she has alrelldy ac-quired. Let each one of us do his own part and show once more to ourcommon-mother that we are not ungrateful.

M. A. Roxas,President of the AlumniAssociation of the Collegeof Law, University of thePhilippines.

THE COLLEGE OF LAW ALUMNI ASSOCIATION

The College of Law Alumni Association was ushered into existenceamidst the sound of beautiful music and after an interchange of pleasant

amenities between faculty and alumni at the banquet hall of the ManilaHotel, on the night of April 2, 1914. Forty graduates of the College ofLaw were there assembled together, some to bid farewell to friends andcompanions, others to renew old associations, and unanimously determinedto link their fate forever with that of the school which had so nobly andl>O successfully stood by them theretofore. Those men had come to realizethat the best and only effective way in which they could he useful to theirAlma Mater lay in the organization of an alumni association, not onlybecause concerted action on any given question would thus ,be assured whendesired, but principally because an avenue of intelligence between theCollege and its graduates in the field would thereby be established. Aconstitution was then and there adopted, and officers were elected to servefor the first term.

The wisdom of the step then taken has since manifested itself in amost practical manner in the decision of the alumni, with the active supportand cooperation of'the faculty and students of the College of Law, topublish a Philippine Law Journal. It is the cherished hope and ambitionof the sponsors of this enterprise, chief among whom is to be counted theprogressive and enthusiastic Dean of the College, Professor George A.Malcolm, to contribute something of real value to legal knowledge in thiscountry.

The constitution and by-laws of the Association follow:

We, the graduates of the Collegeof Law, University of the Philippines,in order to maintain close and permanent connections with our Alma Mater,and promote and preserve among ourselves the spirit of. mutual help andcooperation, do hereby organize and fo:m an Alumni Association and adoptthis constitution for our guidance and government.

ARTICLE I.

NAME AND DOMICILE.

The name of this Association shall be the COLLEGE OF LAWALUMNI ASSOCIATION. Its office shall be in "University Hall,"Manila, P. 1.

ARTICLE II.

MEMBERSHIP.

Sec. 1. All graduates of the College of Law, University of the Phil-ippines, shall be members of this Association.

Sec. 2. Any member may resign upon written notice to the President.Sec. 3. Any member may for cause, after an opportunity to· be heard,

be expelled by a four-fifths vote of the members voting.Sec. 4. A fee of ten pesos shall be paid by each member in the month

of April of· every year. This shall include subscription to any periodicalpublished by the Association. Members delinquent in the payment of theirannual fee shall not be entitled to vote or participate in the discussions:

ARTICLE III.

OFFICERS.

Sec. 1. The officers of this Association shah be composed of a Pre-sident, a Vice-President, and a Secretary-Treasurer, the powers and dutiesof whom shall be as prescribed in the by-laws. The Dean of the Collegeof Law shall be Honorary President with power to make suggestions butwith no authority to participate in the discussions or to vote.

ARTICLE IV.

BOARD OF DIRECTORS.

Sec. 1. The Board of Directors shall be composed of the President,Vice-President, Secretary-Treasurer, and two members eleeted at the sametime and for the same period as the officers of ,the Association.

Sec. 2. The Board of Directors shall have the following powers andduties:

1. To make and adopt by-laws.2. To make appropriations from existing funds of the Associa-

3. To do and perform such other acts as the existing laws of thePhilippine Islands authorize it.

ARTICLE V.

ELECTIONS.

Sec. 1. The officers of this Association shall be elected by ballot atthe annual banquet of the alumni, by a plurality of all the ·votes cast.

Sec. 2. Every member, except those who are delinquent in the pay-ment of their fees, is entitled to vote.

Sec. 3. Each officer shall hold office for one year or until his succes-sor is duly elected and qualified.

Sec. 4. Vacancies occurring in any office shall be filled by appoint-ment by the President by and with the advice and consent of the Boardof Directors.

ARTICLE VI.

MEETINGS.

Sec. 1. There shall be an ,annual meeting of all the members of theAssociation to be held on the first Sunday of February at a place to bedesignated by the President.

Sec. 2. A majority of a number equal to those residing in Manilais necessary to constitute a quorum. A majority of those voting is suffi-cient to carry any motion.

ARTICLE VII.

AMENDMENTS.

Sec. 1.• Amendments may be proposed in writing by the Board ofDirectors or by any five members of the Association. Proposals shall besubmitted to the President who is empowered to call a special meeting\toconsider them.

Sec. 2. Copies of the proposed amendment shall be sent to everymember in Manila at least five days before their consideration. Membersoutside of Manila shall be furnished with copies of the same at least twentydays before their consideration. The votes of the latter shall be countedif received in due time.

Sec. 3. Amendments shall be effective fifteen days after their ap-proval by two-thirds of all the votes cast.

College News

Chairman ex-officio .Chairman pro-tempore .

Aurelio A. Torres, Representative ofthe alumni.

Jacinto Kamantigue, Representativeof the Senior Class.

Jose Gil, President of the JuniorClass.

Vicente Varela, Representative ofthe Junior Class.

The Dean, College of Law.Jose Teodoro, President of the

Senior Class.Lorenzo Campo, Representative of

the Sophomore Class.Pedro Ylagan, President of the

Sophomore Class.

Jose Melencio, Representative ofthe Freshmen Class.

Paulino Gullas, Chancellor, Phil-ippine Barristers.

Proceso Sebastian, Master Musi-cian, College of Law MusicalClub.

-----------, Member,Board of Control, University

Athletic Association.

The substance of the address on the subject, "The Economic Value ofthe Lawyer to Society," by Winfred. T. Denison, ~ecretary of the Interior,at the opening of the College of Law, University of the Philippines, onJune 29, 1914, was as follows:-

In the work of the world, what valuable share does our professionperform'

How. are we, as lawyers, to claim a place among those self-sustainingmen who give the world a service commensurate with the burden of theirsupport'

The answer, I fear, is not clear to so very many of our fellowmen.The gift of food by the farmers, the gift of shelter by the carpenters,

the gift of comfort, and even additional life itself, by the medical andnursing p~ofessions,the gift of friends by the railroads and the coachmen,the gift of inspiration by the poets, singers, artists, priests-all these arepositive gains to society and justify the cost; but what good gift is itthat men should expect from the' lawyers,

What necessary or valuable function are we to perform in the me-chanism of the world's vast engine'l

Rather iet us ask how it could possibly run without us!The innumerable frictions and confusions and conflicts of human

habits, wishes, passions- they are for the lawyers to allay. We must bethe oil in the bearings, the balance wheels, the shock-absorbers.

We ar.e the substitutes for battle as a means of settling disputes. Wereplace the duel. Through us, justice, instead of force, must come to rulethe world.

So useful and so noble is this function of ours that it behoovesus tohave a care lest we prove unfaithful.

With shame be it confessed that many of our fellows look upon us inquite a different light. They think we make ourselves sand in the bear-ings, smashers of joints, and stirrers-up of strife for our own gain--quarrel-makers, instead of peace-makers.

What so many men really think of our profession cannot be whollymalicious, wholly without basis, entirely smoke without fire. Some causethere must be for so general a belief.

You will not hesitate, then, to. clear our profession of such a chargeand make it serve so perfectly its true obligations that all men will seeand understand and so be grateful.

At the close of the opening ceremoniesthe Dean announced the nameof the winner of the Callaghan prize for the previous collegeyear. AurelioMontinola, class of 1915,won the set of lawbooksfor the best grades duringthe sophomoreyea,r,ClydaW. Campbell,now of ColumbiaUniversity,obtain-ing honorable mention.

The Class of 1915 held its election the first week after the opening ofthe college in June. The following are to serve as officers. du:ring theirsenior year:

Jose Teodoro ...........•.... PresidentH. E. Chase.................• Vice PresidentHermogenes Concepcion . . . . . .. SecretaryJesus Paredes . . . . . . . . . . . . . . .. TreasurerJacinto Kamantigue Student CouncilRepresentlltiveVictoriano Yarnzon Managing Editor of the Woolsack.

The members of the Class of 1916 held a meeting recently to selecttheir class officers. The following were elected:

Jose Gil PresidentC. H. Van Hoven Vice PresidentSebastian Pamatmat SecretaryRamon Araneta TreasurerVic,ente Varela Student Council Representative

SOPHOMORE CLASS OFFICERSThe following are the officers of the Class of 1917:Pedro Ylagan , PresidentJulio Francia Vice Pl'l3SidentHilarion Elumba SecretaryFelicisimo Obosa TreasurerLorenzo Campo Student Council Representative

Permanent Events of the Year

The Student Council held their first meeting this year on July 19. Thefollowing permanent events for the college year were a?proved:

1. Philippine Barristers, open meeting August 13,.1914.

:!. Sophomore Smoker, second Saturday evening in September.3. Joint open meeting of the Barristers and the Junior Philippine

Assembly, first Saturday evening in October.

4. Annual Law Dance, previous to the opening of the secondsemester.5. College Athletic meet on Thanksgiving Day.6. Freshman Spread on Thanksgiving evening.7. Semi-final oratorical contest November 21, 1914.

8. Finals Oratorical Contest, on or about December12, 1914.9. Participation Rizal Day, December 30, 1914.

10. Debate between Seniors and Barristers, last Saturday January,1915.

11. Junior Reception, evening Washington's Birthday.

12. CommencementExercises.13. Law Forum.