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THE WASHINGTON HERALD EDUCATIONAL SECTION 1910 1910THE 1910r 1910THE 1910I 1910r
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THE LAW GRADUATE AND CIVIL SERVICE SERVICEBy
By CARLES CPIAULES C iARLES F CARUSI CARUSIDoun CARUSIDoan CARUSIDean
Doan of Law Pnoully National UnlvorJilty Law Sohool ehool ehoolr
r
If Washington in famous throughout throughouttho throuxhouttho
tho country for tho number nnd excel excellence ftXD81lonoe excelloser ¬
loser oC hor law oahools there thor IB I a roa roason roa80n roason
son for ft That rOMan is the olvll sorv sorvio BOrvloa xorvtoe
io loa of the United States govornrnontwhich government governmentwhich govornmontwhich
which at once put puts a premium on u legaloduoatlon legal legaleducation luIt11oauolIon
education and ut tho same uno limo glvos glvostho XIYOHi KIHOsthe
i tho opportunity OPlwrtunllY to secure it After A nar leavlug leav leaving leavIIIJ ¬
lug IIIJ collage or the high school thousands thousandsof thoullUndoC
of tho thoaountry thocountry thecountry
of young men in different parts part
country find the door to tho professional professionalschool prufosionaise11oola
school In tholr homo States Stal barred l > tothan to tothem tothem
them Tito time has como whon they theycan UtO UtOoan theycan
can no longer be burdens upon the thebrattdwlnnors ther theJreadwlnnor thebrendwinners
brattdwlnnors of tho family and thu thoday thu1RJ1 thudss
< day law school is thus out of the quos quostlon quo quotlon UOll UOlltlon
r tlon A placo in tho government service serviceat aurvioeat uMlooot
at Washington smoothes all dimcultilos dimcultilosTho dltJlouIUlosTile dimcullJloHTho
Tho evening ov ntng law school uro tho beet inthe in intho Intho
tho country both In methodH and per personnel plitrHonnol personnol ¬
sonnel Th 1lIu govarmnant profits by ruleJug rule nuving Im ImIlIg
Jug In In Its service the superior class of ofyoung oCyoung ofyoung
young man who are tomptod to enter on tor it itservice IU5 IU5lIonloo ItksorVIco
service on account of tho thoso a important col collateral collaternl collateral ¬
lateral advantages which mean for most moutof mostor mostof
of thorn an ultimate cnroor above a goy goyernrnent gov govcrnrnent governrnent
ernrnent clerkship Tho young oung men profit profitby profitby profitby
by tho opportunity to secure tho most moatV mostusoful mostuutui
V useful sort ort of proC professional lonal education and andfinally nndl1nally andfinally
this thisnort this80rL thisnor
finally tho average superiority of
nort nor of student ovor tho average young youngman youngman youngman
man whose whoa family continue to boar tho thoexpensa thoexpenUJ thenxpenau
expensa of Ills hI further education IK tho thoono thoono theone
ono mo mot t Important factor In the magnifi ntagnificent magnificent magnlfiaent ¬
cent rosmui obtalnod by the loonl pro professional 1 profoeelonal > 10 10Hlonal ¬
fessional Hlonal schools and which gives Jlv s them themtho themtho themth0
tho nig hill rank they enjoy throughout tho thoUnited thoUultod theUultad
United States This however is not allFrom all allFrom nIl11rom
From small beginnings tho oivil sorvlcehim service sOIV servicehas ce ce1m
him 1m grown to enormous proportion Each Eachnew 15aehnow 1l1chnow
now field h of Federal governmental activ activity act activity Iv IvIt ¬
ity It means a d demand mand for young oung mon Incaequipped monequipped mon8rlulppotl
equipped to carry carryon on Its work From Fromton Fromton Fromtone
ton tone of hundred it hex ho grown to ton tons of ofthousands ortlloU11d8 ofthousands
thousands Su In course oC time the thedonmnd thodlmmnd thedummnd
donmnd lm hnH grown for really proficient proficientmon protlcIntrnon vrot1clgntfIlQn
mon Pull may mn secure tho Initial ap appointment apIlolntm8nt uppolntment ¬
pointment but It is i merit that carries tho thocivil thoDlvU thealvil
civil service employe mplo > e up from tho ranks ranksto rankJoJto ranksf ranksto
to positions of responsibility rBIIl > onltblllty and importaneo impor importan Importanco
f tan tanco tancoShort taneoShort oo ooShort
Short of the Cabinet position thero theronever theronoer therenever
never WH was a time tlm In the history hl lory of our ourgovernment ourgOyernment ourgovernment
government when 110 o many man and such uch Im hnportent Important Iml10rtant ¬
portent positions 1l1n were filled by b the pro promotion promollon ¬
pronotion motion of men already in the eeruloowho service servicewho Mntlcowho
who had demonstrated a capacity eRpCL llY furthe Cor Corthe Corthe
the trannactlou of government business buslneseAnti businessAnd busln buslnAn
And An IndflCKl I n1j1 00 In the Cabinet ptlloe onto them themHolvc themHotvM themsolve
solve a a number during rlmln < < the lat few fewyear fewrtI fewyeara
year rtI have Ita V lit boon filled lied by promotion ol olbrilliant or1Irilllant ofhrlillrnt
brilliant and capable young ounlC men whoso whosorice who whoserise A Atf
rice tf from comparatively humble begin beginning boglnnlnp beginnings ¬
ning In the service of the governmentwas government
was primarily duo to individual capacity capacitynnd cnpacltynntl capacityand
and every everyone one of them a graduate of a aWashington t ti tWahlngton aWashington
Washington Inw law school And to go one onestop vn vnj 6nel
l i stop further rurl1u r our present Chief Execu Executive Exoeui 1xocuttva ¬
j i tive carrying his h firstrato legal ability abilityfrom abl1lt abilityt
1 from tho bench Into a broader Hold owes oweshiK owesI
his lofty position today todll less 1 88 to tho haz hazard ha7I hazard ¬
I I ard of politic than to a fitness for the thedirection lheI thedirootion
direction of f governmental affairs conspic conspicuously consllleuouRly conapioUOualy ¬
I uously displayed in the public service
Again It must bo apparent apl nt to thethoughtful tho thothoughtful tho010ughtf1l1
thoughtful observer that there has ha arisen arisena urL > > on ona
a ponMstent and growing demand from fromthe tromth1l rain rainthe
the groat business bu hiell interests oC the coun country country cuuntry ¬
try for or those who have made good In the thedepartments th81opnrtmlmtll thedepartments
departments < at Washington Time was waswhon WoMwhun waswhen
when a government clerkship was WIL looked iookedupon lookedupon iook < ll llupon
upon a as 11 at best a 1 haven of rest and andsafety uutIeety atudsafety
safety eety for the unambitious and incapable incapableTill IncapableThill hrcapablsThis
Till This has ohanged such uoh a 0 position por ltion Is Isnow 1 1now 15now
now regarded as a stopping stont ston to sue sueCole suooos HUOcoal
oos coal To Illustrate from ono of the de departments e1eIrtmont lehartmonts ¬
partments alone the Treasury Department Depart Department Dopartment ¬
ment tins furnished d more bank prowl presidents lro prowldents l ldont8 ¬
dents cnshlors and other officers to t to togrent legreat o ogreat
great banks of New York City alone than thanhave thftnhl1V8 thanhave
have beau secured from 10m any other OU1 single singlesource singlesource stnbhIfOUraCt
source Tho Patent Ofllco has been thu thutraining thutraining ttratraining
training school for hundreds of expert expertputent oxptrtIULtent oxpertpatent
patent men of the country counb and tho other otherdepartmonts oUtltdUpt11tmont otherdepartments
departments have distinguished graduates graduatesin
in every evor walk of life Of course there therewill lhoNwfll taerowill
will always bo somo lfomoporhftPs perhaps even evenmajority a amujolitwho amajoritywho
majority mujolitwho who are oontonl to revolve revolveblindly rovolveblindly revolveblindly
blindly little cogs In a groat machine marhinosatisfied machinesatisfied machlncsatisfied
satisfied with tho prosont unambitious unambitiousfor
for the future with a mental horizonlimited horizon horizonlimited horizonlimited
limited to me duties of a 1 single desk k and andstretching nnel8trotohlng andatrotohing
stretching no further than next pay day dayIt dayIt dayIt
It is not with this Lhls typo however that we weare wearc weare
are horo concerned It 1 Is idle to specu apeenlate speculate apenIato ¬
late as to the advantages they might mightsoouro mightsoouro mightsecure
soouro through the instrumentality of a apraotloul apraoUool apraotio
praotloul praotio tl legal education as 0 thuy are not notIlkoly notIIkoly notlikely
likely to undergo the troMhlo tro + rlle to secure securoone secureono ocuroDna
ono For those howovor who succeed succeedIn Jluc succeedin < > 8od 8odIn
In working forward and upward In the thogovernment thegovormnon thegovernment
govormnon government t service and through that thatservice thotslrvice thatservice
service into lucrative and rtisponslble po positions posItion pasltions ¬
sitions In the business world a legal logal edu education education education ¬
cation has boon tho principal factor inthe In Intho Intho
tho result It is sometimes well said that thatIt thatIt thatit
It is easier to make statements than to toprove toproo toprove
prove them and necessarily npc oua Ill It would bo bodlflloult bodUl10ult bedlfilault
dlflloult to marshal the statistics Stat lUOM of those thosewho Ul0S Ul0Swho thosevluo
who have pushed pu hod ahead in and out of the thecivil thocivil tunecivil
civil service as the result of an education educationin
in the law or to proportion nicely how howfar hQw hQwfar howfar
far this factor has contributed to a ro rosttlt rosult ro8ult
sttlt often due to a total of this and other othercausa otherauQ othercausoa
causa In combination The same omo onergy onergyambition onergyumblUon onergyambition
ambition and clearsightedness which whichled whlohlea whichtell
led the young oungclvl1 civil service employe Into Intotho intothe lo lothe
the law school has undoubtedly played a alargo aJargo alargo
largo even on a predominant part but that timelegal thatlegRl thatlegal
legal education Is not only onl valuable but butalmost butI butalmost
almost I most Indispensable Indl pon ablo is evident upon a amoments am annemonta
moments m monts reflection upon tune nature and andcharacter andobaractor andclfaractor
character of the government serviceOur service serviceOur IIervlceOUr
Our governments State and Federal Federalaro Feeralaro Federalaro
aro not only on governments of law In the thesense thenlo thesenso
sense nlo in which that phrase phra o might por porhape per porhapa perhaps
haps be applied with equal propriety to toall tonil toall
all civilized governments to distinguish distinguishgovernment clIsUnxul distinguishgovernment h hgovernment
government by fixed rules rather than by byindividual byIndividual byIndividual
individual caprice supported by force but butourg butour butours
ours our is I a government of law in another anotherand lI1othorona anotherand
and moro Important sonso In most IBu IBuropean Inurop80n European
ropean countries there exist two separate sepa separate soparate ¬
rate kinds of law ono the law or bodyoflaws bodyof bodyoClaws bodyoflaws
laws which concern tho citizen or subject sub subject ub ubjoet ¬
ject In his III legal relations with his fellow fellowcltlzon fellowcltlzon fellowcitizen
cltlzon and subject and a much narrowerbody narrower narrowerbody narroworbody
body of laws law which under the name of oflo oflo
lo droit administrate admlnl tra tlf concerns Itself
with tho Internal moohanlsffi of tho gov governmental gOv gOvormnontnl govornrnentai ¬
ernmental aganolo anol and regulate Intar Intarcoure In inturcourses lor lorcaUl
courses caUl between the government IfOol lmont and tho thogoverned thogO thegoverned
governed governedIf gO Intd IntdIt
If messieurs lee 0tI roads do cutr as tho thogovernment thogovtrnm thegovernment
government govtrnm nt functionaries aro derisively dprigivOlycalled derisivelycalled dcrlslvOlyoalled
called are acquainted with the udnilnlg admlaigtratlso udnilnlgtrmtlvo nd111JilIStrat1vo
trmtlvo Inw it suffices sul cOl Not so with us usIn 1 rY r r rIn
In the first place we Wf have nodiatindt nodiatindtbody no distinct distinctbody f
body of administrative law Tho law for forthe Or Orthe r rthe
the United States government and nd jts jtsofllolal JlsontolII its I Iofllciale
ofllolal high and low is the law of thehumblest the thohumblt thehumblest
humblest citizen For Instance when theUnited tho thoTJnltod I IUnltod
United States enters Into a contract the theSupremo theSUIrOme theSupreme
Supreme Court of tho United States hassaid has hassaid hosuld
< l
said uld It contracts on the same nm footing footingand roollngand footingand
and subject to the same 8fmogenbrol gonbral prinaf prinafploa prinofplow A Aploe
plow of law J as would be the case With Withany iVithnay Ith Ithnny
any citizen Tha duties < and rosponslbiU rosponslbiUtlos ±
tics of any official are fixed by law nnd nndnot nndnot andnot
not by tho oapricos of his superiors Nota Not Nota Nota
a dollar can bo paid out of tho Treasury TreasuryunlosH Troasuryun08R Treasuryunlose
unlosH un08R thoro is a law which authorizes authorizesIt
It nor can a contract be made unloss unlossthere unlossthero unlessthere
there Is a law which sanctions It not aplace a aplace aplace
place created crcolocLf11l0d filled or abolished unless unlessthoro J Jthoro Jthere <
thoro Is a law which justifies IU IUTo 1l 1lTo itTo
To some extent all officials arid clerics clericshigh cJerkshigh clerkshigh
high and low are the agents of tho gobcrnmont gob government gO gOornmont ¬
ernment capable of otblndlng binding it when they theyact theyact theyact
act within the > law personally liablewhen liable liablewhen I1nblewhon
when they thc act without it or beyond it itOur ItOur itOur >
Our government Is a gigantic enterprise ontprprlsetheroforo enterprisetlreroforo ontrprl e etheroCoro
theroforo each interdependent activity of ofwhich o owhloh ofwbloh
which Is controlled and regulated 1 by tho thostatute thostatuto thestatute
statute law and whore it touches the thoolilzon i ictthon j jal
al ctthon olilzon on yielding to the application app catlon of oCth6 the thoordinary theordinary + i iordinary
ordinary law of tho land How can its itswork Itsworlc itswork
work bo done intelligently Intel igently or effectively effectivelyby erroothQJby
by agents wholly wholl untrained in the law lawThe lawIhc lawThe
The answer is exceedingly simple Itcannot It Itcannot Itcannot
cannot and It is not Not only is tho thoPresident thoProaldent thePresident
President and every Cabinet officer ax axtrained attrained t
trained lawyer but so is nearly every everyImportant overyimportant everyimportant
Important minor ofllclal Of courses then theroare < t l a aare 0 0arc
are many mon clerks so called who are not notlawyers notawors notlawyers
lawyers awors and they tho often become vory ex cxpericnced experieneod experlencod
pericnced and valuable clerks by reason reasonof reason rensonof reasonof
of remaining In the same grade and at attho atthe attho
tho same dosk until they dlo or arc pried prlodIOOHO pllodJooo priedloose
IOOHO to make way for somebodys friendThere friend friendTliora
y yThora
There have always bean a tow ow potty pottyofficers pottyoflcer pottyof11e9rs
officers who have objected to their sub subordinates subortll11ales subordinates ¬
ordinates studying law on tho groundthat ground t tthat J Jtht
that thee young oung mon In many Instances Instancesleave InstanooslelL Y Yleave
leave lelL the service to go out to tho States Stateswhence Statawhonco Stateswhouco
whence they oume and are lost to tho thogovernment thoovernmcnt theGovernment
government overnmcnt service On the other hand handthe hantJthe handtlre
the vast at majority of the superior dopartmental depart departmental dQparmental ¬
mental official favor and onoourago It Iton ItOil
on the ground that mon BO trained rendor rendormuch rendormuch r t1lJor II IImuch
much more efficient sorvioe to tho gov govornment f t tomment J Jornment
ornment and raise ral e the level of Its ptrsonnol Per Plrsonnol Personnol
sonnol The civil service owes much much to totho totho tothe
tho law schools of Washington while whilethoy whilethey
they in turn are largely supported by bytho bythe 41 I Itho
tho civil employes omplo os of of the government governmentAlthough IournmcntAlthough ovurument ovurumentAlthough
Although not supported by the govern government governmont oorn oornmont ¬
mont nor under government control cbntroJ they theyaro UleYarc theyare
arc to the civil ci ii employes of thb UntiedStates Uri Untied UnitedStates Qa QaStates
States what Annapolis and West Point Pointare Pointare j jarc
are to to the military omploos One oan Qajllo ganbea bo boa a au
a private in either service without tho thopreliminary thoproJlmlnar 1 jh i ipreliminary
preliminary training deemed < essential for forthe forthe 1tt 1ttthe
the officer <
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