OKIRSITIES iD THE PROFESSIONS, 
 
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These letters appeared in The Gazette, Montreal, on Wednes- 
 day, April 13th, and Friday, April 15th, 1887. 
 
UNIVERSITIES AND THE PROFESSIONS. 
 
 To THE Kditor of the Gazette. 
 
 Sir, — [ venture to ask for space in your paper to remark on 
 the " educational " clauses, if I may so call them, of the Bar act of 
 the last session of the Provincial Parliament. 
 
 I am glad to find that public interest is aroused on this subject. 
 It is a hopeful sign, and the discussion cannot but be productive 
 of good results, if " temper " can be kept within bounds. In stat- 
 ing my view of the case I shall endeavor to be as brief as possible. 
 
 The Bar act of last session provides : — 
 
 1. That the examination of candidates both for study and practice shall 
 be under the control of the " General Council." 
 
 2. That throe examiners — members of the Bar — are to be appointed by 
 each section of tlie Bar. But it is in the power of the " General Council " 
 to dianjjro this' number and the period of their service. These examiners 
 are to be divided into two boards, one for admission to study, the other 
 for admission to practicie. 
 
 3. In addition to tliese oxaminors, the " General Council " may appoint 
 jx^rsons selected from outside tlie profession to assist the examiners in 
 the written and oi ul examination of candidates for study. 
 
 4. Ii)very caiididate for study must prove to the satisfaction of the exam- 
 iners that lie lias received a " liberal and classical education," and undergo 
 
 to tlieirsatisfactiim a *' written and oral examination in the subjects indi- • \ 
 
 cated in tlie programme of the General Council." ■. ; ."^ 
 
 5. The proceedings and (leiMsions of the examiners cannot be attacked, ' % 
 and all their decisicms are final and without appeal. 
 
 Such is a short resume of the regulations as to candidates for 
 study. 
 
 .The questions which ai-ise in the mind in considering these reg- 
 ulations are as follows : 
 
 1, What is the constitution of this " General Council " to whom 
 such powers are entrusted ? 
 
 2. What is meant by that " liberal and classical education of 
 which the candidate is to mr.ke proof; and what is likely to be 
 the nature of the " progrnnime " which the General Council has 
 power to prescribe? 
 
Let lis discuss these questions in ordci-: - 
 
 1. The General Council is composed of the batonnier and a del- 
 egate from each of the sections of Montreal, Quebec, Tlirec Rivers 
 and St. Francis, and of the batonnier of Artliabaska and Bedford, 
 and of each of the sections which nuiy lieicaftor be established. 
 To this representative body is added the Sccrotary-Troasurei' of 
 the General Council — who is elected by the Council. Thus the 
 present body consists of eleven members, the majoi-ity ol' whom 
 form a quorum, and the president — who is batonnier of tlie Pro- 
 vince — has a casting vote in addition (o bis ordinary vote. Now, 
 if it be borne in mind that the Protestant population of tbe Pro- 
 vince is as one to six, as compared with the Roman Cath()Ii(' pop- 
 ulation, it cim not be considered an uniilcely conclusion that the 
 majority of the General Council will always be Roman Calholic, 
 and the Council may be entirely composed of Roman Catholic 
 members. The present Council consists of seven Roman Callio- 
 lics and four Protestants, the lepresentative batonnier fromSher- 
 brooke oeing a Protestant. A Roman Catholic has more than 
 once filled this office in Sberbroolve, and a Jioman Catholic will 
 undoubtedly be again elected, f()r T believe, in our happy c<mi- 
 munity, but very little, if any, race or religious jealousy exists 
 amongst the members of the legal pi-ofession. 
 
 1. But it is well known that the Roman Catholic and Protest- 
 ant theories of education in tliis province difi'er widely, and have 
 80 differed for many years before, as well as since. Confederation. 
 It is only necessary, in proof of this assertion, to point to the 
 two committees of the Council of Public Instruction entrusted 
 ,4 with the oversight of public education in this province. Ajjply- 
 ing this recognized fact to tlie case in point, of the powers given 
 to the General Council of the Bar to prescribe a programme of 
 study, and it will be seen that this ])i'ogramme may be, and most 
 likely will be, based on the Roman Catholic theor}' of educati(^n 
 alone. 
 
 A mere enumeration of subjects taught in the schools and col- 
 leges might lead a superficial observer to believe that the same 
 system is in force in the schools of each class of the population, 
 but the practical educationist knows that, even in the study of 
 Latin, Greek and mathematics, different systems and ditt'erent 
 text-books prevail, and that in history, philosophy and some 
 other subjects, fundamental difi'erences exist. 
 
3 
 
 It is not, theroforo, iinreasonablo to conclude that the Bar Act 
 of last session, by tlio provisions above rcfori-ed to, unintentionally 
 no doubt, but not the less really, did striivc a blow at the system 
 of education in vogue amon<5st the Protestant minority, and 
 infrini^od on the rights and liberties of Protestants as guaranteed, 
 or supposed to bo guaranteed, at Confederation. 
 
 It may be claimed that the Roman Catholic members of the 
 (rcneral Council have never infringed, or intended to infringe, on 
 Protestants' rights or privileges, and have invariably treated their 
 Protestant confreres with courtesy and liberality. I believe this 
 to be true so far as intention goes, ami I am the last man in the 
 world to riiise a religious or sectional cry amongst a population 
 so mixed as is that of this pre 'ince. But I hold that such grave 
 mutters should not be loft to good will or good intentions. All 
 that is claimed by Protestants is to have equal rights with their 
 Roman Catholic fellow-citiz-ons, and the best way to secure good 
 will is to have the terms of the agreement sti-ictly defined. What 
 is needed, therefore, that there shall be two separate boards of 
 examiners for the examination of candidates seeking to enter on 
 the study of any or all of the profe-isions — one of these boards to 
 I; J representative of the Roman (>atholic system of education, the 
 other of the Protestant system. 
 
 In this way, candidates will be examined under the system of 
 the schools in which they have been educated, and the rivalry will 
 be without jar, leading to no feeling of injustice or w^ant of har- 
 mony. 
 
 The object of combining the examination for all the professions, 
 instead of delegating to each body the power to have its own 
 special preliminary examination is that, for admission to study,all 
 that is really needed is pi-oof of a " liberal education," and it 
 would be impossible in any academy or high school to prepare 
 students for half a do/.en ditlorent professions, if each professional 
 body demanded a special programme of study. The unfortunate 
 principal of an academy has already quite enough to do to comply 
 with the regulations already in force, demanding the careful 
 teaching of the English language and literature, of Latin, (G-reek 
 is optional), but the teacher must be prepared to teach it on the 
 demand of the student), of French, of Euclid, algebra, arithmetic, 
 histoiy, geography, and drawing. Surely, a student who has 
 passed in these subjects, and is thereby enabled to matriculate in 
 
u university, must be pronounced qualified to enter in tiny of tlie 
 several technical and special subjects required for professional 
 training. Apart from the ditl'erent method of teaching, and the 
 diflerence in text-books used in Koraan Catholic and Protestant 
 schools, Roman Catholics give a certain amount of training in their 
 colleges in philosophy." I am not aware to what extent this is 
 carried, but J am informed that it ditfers materially from the treat- 
 ment of the same subject in the Protestant universities, where it 
 forms with logic and rhetoric a part of the B. A. course. It is, 
 however, not taught in Protestant academies or high schools. It 
 is treated as an advanced subject, and forms, as above stated, pai-t 
 of the university course. 
 
 But if the professional bodies insist on a higher training than 
 is given in the Protestant academies, then let them encourage 
 university training. If students of matured minds are alone to 
 admitted to the study of a profession, the acceptance of the uni- 
 versity degree of B. A. should be acsknowledged as a sufticient 
 qualification. The men who have devoted thiee or four years to 
 abstract studies and passed the B. A. examination, have given the 
 best possible pi'oof of their fitness for entei-ing on technical 
 studies. The Bar declines to acknowledge this, and the medical 
 profession (if the meeting recently held in Quebec be taken as 
 the exponent of the opinions of the whole medical profession) 
 follows suit. It is said that objection is taken to the teaching in 
 some of the French incorporated colleges, and the graduates of 
 the Protestant universities must suffer because of the defects of 
 those institutions. The statement ma}'^ be true or not, but Pro- 
 testants have nothing to do with it ; it lies out of their control. 
 If true, it supplies another strong argument for separation in 
 examination by two examining boards. The feeling among edu- 
 cated Protestants is that if their universities cannot qualify men 
 to enter on the study of the law, of medicine, of engineering, or 
 the notarial profession, of theology, or of any technical subject, 
 then university education is a mere delusion and universities are 
 useless and costly absurdities. And if this be so, the universities 
 of the civilized world, old and new, should be abolished. The 
 University of London, and the new University of Victoria, in the 
 manufacturing districts of England, the Scotch and Ii'ish univer- 
 sities, are all heavily subsidized by the State. All this is wrong. 
 
tho money is wasted, if a university training yields no practical 
 result. Instead of universities, each professional body must, for 
 itself, establish schools and training institutions for the qualifica- 
 tion of candidates. Such a result would be, in my humble opin- 
 ion, to cramp the mind, to reduce it to a mere machine. It would 
 give educational sanction to the "division of labor,"' under which 
 fourteen ditt'erent operatives ai-e required to spend their lives in 
 the fourteen different operations involved in the manufacture of 
 a pin. 
 
 Such seems to me to be the logical conclusion of the demand, 
 that to each fie])arate professional body, should be committed the 
 power to control and regulate the nature and extent of the edu- 
 cation of candidates desirous of entering on professional studies. 
 1 have carefully avoided any reference to the other question of 
 the admission to practice, which, as a professional question, only 
 indirectly atfects the public. The wish was to discuss each part 
 of the subject on its own merits, and to avoid confounding them. 
 
 The only i-emedy ibv the evils pointed out is by an amendment 
 to the Bar aet, which shall abrogate the objectionable clauses, and 
 substitute regulations, clearly and finally, (T hope) settling the 
 question in the mannei- I have indicated, so far as the legal pro- 
 fession is concerned, or to make the re({ui8ite lules au.i regula- 
 tions a part of the educational law of this province. 
 
 Yours obediently, 
 
 E. W. 3IENEKEE. 
 Sherbroofve, April 12th, 1887. 
 
PROFESSrOXA L E D CCA TION. 
 
 To THE Editor of the TrAZETTE. 
 
 Sir, — In my formei* letter, I limited my i-omai'ks to the ques- 
 tion of the admission to study. I will now touch upon the other 
 point, not less interesting, but more professional — the regulations 
 as to the admission to practice. 
 
 I propose, in the Hrst place, to consider the reasons which 
 must have weighed with the Legislature in granting charters of 
 incorp )ration to jiersons engaged in professional pursuits. 
 
 All civilized nations have, I believe, felt it to be wise to grant 
 special powers to pi-ofessional boiiies, but such powers are 
 granted, not for the private bcnetit of the grantees, but because 
 the interests of the public are thereby served. 
 
 No one will, I feel sure, gainsay for one moment that great 
 advantages accrue to the public through the incorporation of the 
 profes>ional bodies, to whom are committed, more oi- less, the 
 lives, the health, the property, and the liberty of tlie people. 
 
 The responsibility thrown on pi'ofessional men demands care 
 on their part that fitness, and professional character, and honor 
 are maintained. 
 
 The principle is not new. Trades, as well as professions, were 
 governed by "guilds" in the middle ages; and even to the 
 present day, in some counti-ies, no man can exercise a trade 
 without serving a long apprenticeship with a master mechanic. 
 
 That large power should therefore be given to the professions 
 in this respect, is in my opinion a correct principle, but such 
 powers must be used in the public interest, and they must not 
 run counter to, but be in accordance with other established rights 
 and privileges also granted for the public good. 
 
 The question foi' consideration then m ly be classed under three 
 heads, viz : — 
 
 1. Does the Ear Act give such powers as conflict with the 
 public interest? 
 
 2. Does the powers given in the Bar Act run counter to, or 
 encroach on other established rights and privileges ? 
 
3. rf HO, it* this encroachment oxciisiible in the public interest ? 
 
 It will be seen that I make the " public interest" the ultimate 
 test. 
 
 In connection with the first of these questions, it will, I think, 
 be admitted, that it is dosii-ablo in the public interest tbat none 
 but trained minds should enter in the practice of the professions, 
 and it is of importance that there should bo training schools for 
 the instruction of candidates in tho uheory as well as in the prac- 
 tice of the professions. 
 
 The only training scliools in this province where " theory" can 
 be studied are those founded and maintained by the Universities, 
 — Faniiliai'ity with practice is obtained in Law in the office of a 
 ractitioner ; in Medicine by attendance in tho hospitals. 
 
 Kixch part of the training is important, the one as importantas 
 the other — but both together assist in educating the profes- 
 sional man. 
 
 Now if the effect of the Bar Act is to close the University 
 Schools by imposing a Curriculum in them which they cannot 
 follow, not the professions only, but tbe general p-iblic must suffer. 
 And this, it is declared, will be the consequence of the committal 
 to the General Council of the Bar of the power of prescribing the 
 course of study to be followed in the Universities ; a course of 
 study be it remembered which does not carry with it any privi- 
 lege of practice, but simply gives the T"'^niversity graduate the 
 privilege of one year's shortened service with a practioner — and 
 does not exempt him '>rjm the Bar Kxamination. 
 
 The Professor- of the two Protestant Universities unhesita- 
 tingly declare that the obligation to give 1050 lectures in a three 
 years's course, is neither necessary nor of advantage to the stud- 
 ent, and yet involves such a sacrifice of time on the part of the 
 Professors themselves, that veiy few of the leading practionei's 
 will give the time for the work of preparing and delivering the 
 lectures. 
 
 The student also, who has to follow such a course, must give 
 his whole time to his lectures, and thereby lose to a great extent 
 the benefit of his practical ti-aining in the courts and in the office 
 of his " patron." 
 
 I am quite aware that it is a moot question, but there undoubt- 
 edly seems to be " point " in the argument, and itsui-ely cannot 
 
8 
 
 be for the public interest that two out of the three University 
 training schools should be closed to students, and that but one 
 (tht.t one a French University, demanding more or less intimate 
 acquaintance with the French language,) should be left for the 
 study of the theory of the law. 
 
 Then, the universities maintain that this power committed to 
 the General Council of the Bar, directly interferes with tlvcir 
 I'ights. They are willing to submit to guidance, in the public 
 interests, from the Governor or Lieutenant-Governor, the head 
 of the State, but they repudiate dictation from a professional 
 body. They will rather close their scliools than submit to such 
 dictation. 
 
 It must be borne in mind that when mention is made of the 
 universities in this argument, the real objectors are those pro- 
 fessional men who form the particular Faculty of the University, 
 with others who value university training as something higher 
 and broader than mere professional ti-aining. 
 
 If the result of closing these schools be brought about, tlien 
 the study of law in the universities will be confined to those 
 broad principles of law which every educated man should under- 
 stand. 
 
 Some may argue that this result would be really to the advant- 
 age of the public, but, if carried out, must necessarily involve a 
 complete change of system. In such case, the professional bodies 
 must themselves establish law schools, with a staff of proCessorH 
 for teaching the theory of the law, and this will not settle the 
 nevei-ending dispute between these two systems — except by 
 forcing on the minority the will of the majority. 
 
 The answer to my third question is involved in the answer to 
 the other two, and public discussion, not niere i)i-ofessional discus- 
 sion, seems necessary on this subject. 
 
 I am, myself, not prepared to give a definite answer to the 
 principle involved, but it seems to me that due care should be 
 taken — even on the part of an over-powering French majoiity of 
 the Bar, not to precipitate matters. It is of vital inteiest to the 
 country that the two sections of the people should live in har- 
 mony, without any grievances, real or fanciful, to embitter the 
 relations between the two. 
 
9 
 
 As regard.s the Universities, I feel that in this new countiy 
 we must, if we are to hold any position in the world, train our 
 men, and train them highly, for the work we expect of them. 
 And this can only be done through the Universities. 
 
 I ask any impartial man, to look at the class of men who 
 govern England to-day — whether known as Conservatives, Lib- 
 erals or Eadicals — such men for instance as Mr. Gladstone, Lord 
 Salisbury, Mi-. Goschen, Mr. John Morley, and the late Lord 
 Iddesleigh (Sir Stafford Northcote). Such men are the products 
 of English Universities. 
 
 I say then, avoid carefully the weakening of our University 
 system. It is weak enough as it is, and requh-os the support of 
 men of a high class, as well as of money. In time the ball will 
 gather as it rolls, and we may hope i. > show a good result from 
 institutions founded in faith and love, and carried on under 
 adverse circumstances with self-denial and hope. 
 
 Do not let us weaken its influence, or throw unnecessary im- 
 pediments in its way. 
 
 Your obedient servant, 
 
 E. W. HENEKilR, 
 
 Sherbrooke, 18th April, 1887.