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T Ji i 
 
 UNIVERSITIES AND THE PROFESSIONS. 
 
 L E T T E R ri 
 
 BY 
 
 S. PAGNUELO, F.SQ., Q-('. 
 
 SK( 
 
 r.CKBTABY. OF THK. OKNKRAl. COUNCU, .-F THF. 
 
 HAU, AUTJK.R OF " bA LIBRIlTfc RELIOIKUBK 
 
 AU CANADA," OP ' 
 
 •l.KTTBKS SUR LA RfeFORMK JUDICUIRF." KTC. BTC 
 
 GAZKTTl^ PRINTING COMPANY. 
 
 i88y. 
 
THK IIXIVERSITIES AND THE PROFESSIONS. 
 
 FIRST LETTKll. 
 
 T'> !k'' bjditor of the Oazette : 
 
 Sir, — TKe EiiKlisb univerHiticK ut' this pio- 
 viucc, under tlic ItiKkMsIiip of Sir Wra. Daw- 
 .-on, art; reopruing the ('arapaign upon this 
 questiou with tiitj same unfair spirit and 
 witii thf same appeals to prejudice and pas- 
 sion as in 1887. My answer to Sir William 
 at thai time clearly establislud, I imagiiio, 
 how utterly baseless were the assertions then 
 freely ma<lr that the law for the iulraisMon 
 into the professions " diseriminates aganst 
 I'lotistantEnLMish universities/' or '• en* roa- 
 ches upon their privileges," or tends to ' de- 
 prive them of rights enjoyedjprevious t(. Con- 
 federation " or that it " intlictsdisjibilit'os on 
 their graduates ' The " misstatciuents of facts 
 and hiw ' by Sir William, to quote his own ex- 
 pression, an<l those ci a considerable section 
 of the Knglii-h pioss, were so fully e.Kposed, 
 that I thought they were dibposed of lori'ver. 
 Two years have since elapsed, and 1 
 regret to siiy that th-' same nii.-chievous 
 statements — the same appeals are again made 
 as if the (juestion were broached for the 
 lirst time, JVe hear the same objections 
 against the Bar Act and regulations . the 
 same demands and i)retentions by Mctrill | 
 ain.l l',ishop H universities, based u[)on the j 
 same ground of alleged hardshij> and dis- 
 (rimiuation, the same old story again re- 
 peated, with this ditVereuce, that ignorance i 
 cannot longer be invoked as an excuse. 
 
 Now. I unhesitatingly deelait> that the I 
 contention is limited to the English univers- i 
 ities, for the only reason that they clone I 
 will not submit to a law made for every \ 
 university and teaching body, and that they I 
 claim privileKCK and rights which no uui- ! 
 versity ever jiossessed in thi.s province. ; 
 
 What have been their i)retensions hitherto, j 
 and what is lontented for now ? i 
 
 I. Hitherto the contention was for the i 
 abolition of the boards of examiuerK estab- i 
 lished by the professions foi admission to ! 
 («tudy, and the establishment for all the I 
 
 { professions of a single board of examiners, 
 I divided into two sections, one Catholic, and 
 I one Protestant, under the control of the 
 ! Catholic and Protestant committees of the 
 ; board of education respectively. The exam- 
 i i tiers to be appointed by Government. 
 \ Of course this scheme was paraded in the 
 name of higher education ! : Such names »is 
 l!ev Professor Latlamme, of Lftval univer- 
 \ sity ; Rev M. Douville, of Nicolet col- 
 ' lege; Dr. H. A. Hawe, principal cf Montreal 
 ; High school, and Rev. Dr. John Clark Mur- 
 \ ray, of M;;(Jill university, were in the opin- 
 i iou of the framets of the would-be law, not 
 I good enough to suggest a programme of 
 ' studies, or to act as examiners. What 
 I did these gentlemen propose' The law 
 . prepared to attain that end, de- 
 ' dared the ipialitications of candidates 
 I to be, first, njadiug, writing and spdliim, 
 I etc., and only three-fourths of the points 
 I were required on these very subjects. The 
 i three R.'a would have been an improvement. 
 Sir William objected to mental philu.^ophy 
 ' iu the ]<rogiamtue ot the Bar on the ground 
 that English Protestants attach no import 
 ance to that matter. I proved by McGill's 
 annual calendar t.hat this matter i< taught 
 in that institution, anil then we were told 
 they attuth little importance to it. 
 
 In order to stop the outcries of a portion 
 of our English follow citizens, so misinform- 
 ed and misled, the (ieneral Council of the 
 Bar most reluctantly consented to lower the 
 standard by malunt.'- mental philosophy op- 
 tional with matlnunati ■ ; . that is, philo.iophy 
 was degraded, so to speak, iu order that 
 mathemati(;s might have an ascendancy. 
 This was Sir William Dawson s first 
 and, I hope, will be his only success in 
 lowering education. He seems now to 'be 
 satisfied on this head and we hear tio more, 
 so far. ot provincial boards of examiners for 
 the professions of advocate, notary, physi- 
 cian and land surveyor! Land surveyors, 
 be it (tbserved. were put on the same footing 
 as lawy-rs and physicians, and, like these, 
 
 
were rerniirf'fl to know how to road, write 
 and Bpcll, within the limits of thrrc-foiirthH 
 of the mirks. 
 
 2. It iH asked that thu (loKic; ot B. A. be 
 « onis'dered, without lurtlit;r cxuininatiou, a 
 Mufficient inoof of qmiliticiition'for admii^nion 
 to the Ktiidy of the liberal profeHsionH. The 
 latter object on the ground that disciiuiiu- I 
 atioa in favor of one university, up- ! 
 agaiuKt another, WKiild W pmduutivo of | 
 anything but good feeling in this province, j 
 As it irt now, McGill university confers the i 
 degree of B. A. on all students who 1)!ihs 
 8U<xeKsfully through the course of arts, i 
 while Laval only confers it on, say, one in | 
 five. Besides, sonn' of the best French 
 classical colleges have uo degree conferring ' 
 power whatever. In order to pnt all educa- 1 
 tional institutions of the same nature upon \ 
 an equal footing, it would be necessary to 
 admit to the study of a profession every 
 student who had gone successfully through 
 a . ourse of arts in every clafisical institu- 
 tion in the province. This would be impos- 
 sible, MS experience proves that a large num- 
 ber of students, both French and English, 
 who have gone through a course of 
 arts are not properly qualifieu to 
 enter the liberal professions, leav- 
 ing alone land surveyors. Either 
 through want of method or of qualitied pro- 
 fessors, many branches of liberal education 
 are very imperfectly taught in most of our 
 educational institutions, both French and 
 F^nglish. I may mention in this connection, 
 history, geography, mathematics and mental ! 
 philosophy. j 
 
 This is one of the reasons given lately , 
 in the petition of (he General Council of the 
 Bar to tlio Legislature in opposition to the 
 bill presented at the suggestion of the Eng- I 
 !ihh uuiversitie'?, res[)ecting the degrc^e ofi 
 Bachelor of Arts. 
 
 The sime petition of the Bar adds that ; 
 degrees conferred by 'iniversities in this pro- ! 
 viuvO cannot be a(;cepted a:s evidence of 
 ((ualitication, if we are to Judge of 
 their merits by the degree of B. C. L. 
 (ba(;h;'l()i in civil law), experience at ' 
 tlie Bar examinations for years past hav- 
 ing convinced every examiner, both French i 
 and English, that such a degree is in most 
 instances no evidence of qualification. 
 Graduates in law of ^.T.Gill Laval and ' 
 Bishop's, mind you, h.u V, n^ ,, .... o.. u ..li- 
 able to pass the Bar examinations, a certain ] 
 number of them scarcely obtaining forty or ■ 
 
 fifty marks out of 200 or 2.')0, as the records 
 will prove. Some have bad to come two oi 
 three times before being admitted, and a 
 few had to give up altogether. 
 
 The experience painfully gained by thii 
 examiners in t*ie course of their duties led 
 them to very ditVerent views from those ex- 
 pressed by the G vzkttk of 18th February 
 inst., in which we read: — 
 
 The bills lot rod ue^id last year by the Hon 
 Mr. Lynch to relli^vetne I'acultlosof law of the 
 I'rot(!stant universities from the reslrietlous 
 Imposed ou ttiem l)y the Council of the Bar. 
 and to secure the reeoijultlou of the degree of 
 Li A. as qualifyinii to enter on professional 
 study art' again hdore the Legislature. We 
 hope theyvvili nitetwilh the eonsidcration 
 (lut; to luea^iun-H which, wlille maintaining 
 imporlaat educational rights ol tbo minorily, 
 are tn no way subversivcoi those (if the major- 
 ity. The (■ouof'll of t lie Bar. has put in asoini'- 
 what rem.irkahlc nn-raonal in o|)p<)siti(>ii to 
 these measure's, in which it endeavors lo de- 
 predate the valUH of (he eour.ses andexaraina- 
 tionsoftlie universities both tn reftrcnco to 
 the degrees ofaiis and law. It seerns strange 
 that, a body of pn'snmably educated gentle- 
 men should commit themselves to a course 
 wJiieh places tliem In opposition to the prac- 
 tice of all civilized countries In these matters, 
 unless indeed their position isjusllfied by the 
 worthlessness and ineompeten(!e of the teacli- 
 Ini? bodies, to assail whlen Is, 'o say the least. 
 unpairloLie; and if not justified by fa<ts, .some- 
 thing much worse. We feul confident that In 
 depncatiui: the work, whether of ;irts or law, 
 of unlv<-rsilios whose reputation stands so 
 hlKM, the council will not have the sympathy 
 of the public or ttie profession, unless It can 
 establish its position by good evidence. 
 
 r shall not iliscuss the animus that 
 has dictated this astounding pretension. 
 How is it unpatriotic to tell the Legislature 
 and the country what we know a.s a fact, and 
 to guard them against a great public evil — 
 that of crammiuLr the iirofcssjon w\^h nn- 
 'iMiilimd p'inun.->.' vVould vou tiave us 
 thok -ail I onsciences for fear of 
 depreciating institutions whose preten- 
 sions might be larger than their worth.' 
 AVe hive no ill will atrainst universities; 
 it wasthroi^i. members of the prolessions 
 that the dilTei cut faculticfs weic organized 
 in the universities of this priivince, and 
 privih ges were granted to graduates who fol- 
 low u regular course of lectures on the sup- 
 position of a better training. What more 
 could have lieen done? Is there to be no 
 control or no discretion exercised for the 
 protection of the professions themselves 
 and uf tlie public intended to be 
 served '! Are we to admit blindly 
 degrt;es conferred by universities whose 
 course of lectures, although in the pro- 
 gramme, may not be given, and as a fact 
 
^ 
 
 |), as the records 
 
 to como two or 
 
 liduiittod, and ii 
 
 giiincd l)y tUti 
 
 [ihcir duties led 
 
 from those o.x- 
 
 18th Pehrtiary 
 
 [I'BJby the Hon 
 ties of law or th<' 
 the resfriotious 
 nf'll of the Bar, 
 ot th<! defrriio of 
 on professional 
 i('«i.Hlatur('. We 
 le conslijt'ratlou 
 lie maintaining 
 ol tbe minority, 
 lOSfMifllie rnaior- 
 •'!'< puMn anoino- 
 " opposition to 
 Mjtkavors lo de- 
 ■es anth.'xamina- 
 1 in reit-rfnco to 
 II' seem.s strange 
 j'fincatecJ gentie- 
 IvoH to a con rise 
 Mon to tlu^ prac- 
 n these matters, 
 sjiistlfied by the 
 aee of the tfach- 
 7» ^'fiy the least. 
 !(1 liy (acts, sorae- 
 Jonfidt-nt that in 
 ^rof arts or law, 
 ition stands so 
 'e the sympathy 
 'U, unless it can 
 evidence. 
 
 aaimus that 
 'Jg pretension. 
 
 the Legislature 
 'w as a fact, and 
 ■t public evil— 
 '('.'!sion wjfl) Tin- 
 
 vou have us 
 
 for fear of 
 ivhose preteu- 
 11 their worth '! 
 < nrwv.Tsities : 
 ;he prolessions 
 ^ei.; ()rj.^auized 
 
 prtivince, aud 
 duates who fol- 
 es on the sup- 
 Whut more 
 liere to be no 
 rcised for the 
 lis themselves 
 »ded to be 
 Imit blindly 
 arsities whose 
 Sj in the pro- 
 nd as a fact 
 
 I 
 
 arc not given ; or, if given, may not be fol- | 
 lowed by students? 
 
 Kdncalion, and esperially univen<i!y edu- 
 ( ation, lif ing tree trom all outsid*' control 
 in thi.-* lountry, we must havt; a ji'ti'iantee 
 of some kind, which uc have not yet liad, 
 that ilcgrees are conferred oidy on students 
 who deserve them. 
 
 Now, the Har cxarninet.-< testify trom ex- ; 
 periciHc that law (Iclmccs arc no evidcmc of 
 i[ualitication. Tiic tJcneral C'otincil very 
 naturaiiy infers that they can no more 
 accept degrees in iirts. wliic'i fbrv hivo 
 no means of uoiitroliiii., tiian tin y can de- ' 
 glee. -^ in lau, whirli they know to tiave very 
 little, if any, vahu.-. 'I'he unpatriotii men 
 are rather tho->c who wish to put down all 
 ett'uit* at reiorni and piogic^s by dcnoiuuing 
 as slanderers of theii country those who 
 would wish to sc( ure better method.-; and 
 better guaranti es of higlier cdueation. 
 
 We liave no seltish interest to scrvt! inth>' 
 matter. I'ublic good is our only motivt! 
 Therefore, imtii the fjuestion can be answer- i 
 cd, is the tlcgree of J3.C L. cvidenc" of qnali- ' 
 licatiori for the profession of the law, or is | 
 it not? If it is, Sir William may denounce \ 
 us : if it is not, he is doing a very seltish and ! 
 unpatriotii; work iu trying to close our ; 
 muutlis, and in appealing, as la; does, to re- 
 ligious and national prejudices to attain his 
 ends. , 
 
 Should the assertion of the General Coun- I 
 cil be contradicted, wt; can substantiate it, if i 
 needs be, before a committee of the house, 
 and we court investigation, as it would put < 
 an end to those misrhievous clamors whicii I 
 cannot be too strongly deprecated. i 
 
 In the meantime 1 purpose in my next 
 letter to cite in support of our contention ! 
 evidence which cannot but be convincing to j 
 English I'rotcstants, «nd to McGill univer- 
 sity, lis it is furiiifhed ly themselve.s. 
 
 Now let us revert to MctiiU's petition on 
 the question of the arts degree ; it says : — 
 
 Representations have also been made in the 1 
 sane memorial to the eileet that the Tni- 
 versif y kivc l lie d^grc oi Bachelor of Arts to 
 nil students who coniplcttMiit course in the 
 l-'aciitty of Arts. 
 
 If, uiKler this stMtement. the linal o.vamin- 
 iitlons for lliedctjree are jOone rerern^l lo, tliis 
 is only wliat niii^lit in niJiny coses Iv expected, 
 since students in Aits (>{ tlii;s I'ni vt'rsily must 
 first pass a matriculation examii\alion In 
 which Mie average failures amount lo more 
 than 'J>< percent, and must thereafter pursue 
 a. course exteiuiinj; over i hree or four years, in 
 which ciKht other exiiminations have to be 
 eassed, in all of which some candidiites are 
 rejected, so that, though lew fall in the final 
 examinations, yet less than 'j'i per cent, of 
 
 those who enter for the decree of B..\ aetn- 
 ally attain lo II. Hlatlstles proving these faelh 
 liave l)eeri putilished In the publie prints and 
 in reporlsot this University. It is, b..wever, 
 evident that the said a IcKailon In mad.- with 
 Ihevidwof creating ;ui .mpresslon that the 
 dejfree of Miicheloi of .Vrts lNi,'i ven by tlils Uni- 
 versity wit bout hullleieiit .(ualitleai'ion, whlcti 
 Is altoufther incorreet. W'e theretore deny the 
 Irutti ol this allejfalion in tlie connection 
 in which H iippeiirs |u the memorial 
 referred to, and re-atHrm the statement inude 
 iu our previous peil iton, lo the etleet that in 
 the ease of Iboso wlio have taken ilie dejjree 
 in .\rts of lh« Universities, this decree stioulil 
 be reeoi;ni/,ed as i(ualif,vlt)i,' lo enter on pro- 
 fessional study without further examlnati<»ii. 
 hi all oilier couutries po.ssessluK Uui vt^rsliles, 
 this privileg'! is Hi veu, and ii is obviously ex- 
 pedient, as indueiug eandidaios lo pursue ti 
 ibor(uu;n iiud liberal eilucaiion. it, is also 
 sulnnliied in this connectifiii, that the course 
 of study In .Vrlsoitbe I'rotestunt Universities 
 Is In every respeet adeipiate, arul Is, equal to 
 ihatKiveiiin other conuiries, and io which 
 suci) privilei^e.^s are there granted. In proof 
 of the iiltove sialements the m<jsi. ampleevl- 
 denee can lie siilunlttcd it (leslreu. 
 
 Youi pet it loners therefore bumbty pray that 
 /)') rmifiicr 111(11/ he i/n'i'n tn the allt^Katlons 
 and ini^xldlcmi nis above eoni roverted, aud 
 that Your Honorable House will be pleased 
 to urant the rtdlef desireil in the premises; 
 and your piMitioners as in duty bound will 
 ever pray. 
 
 What doe.s it amount to ? 1. An immatri- 
 culatiou exaiuinatiou is passed by every 
 candidate who desires to enter the faculty 
 of arts ; 1!, examinations are held twicie a 
 year in every class ; 3, those who pass suc- 
 '.■essfully these diti'erent examination.s are 
 made B.A. 
 
 But does Sir William suppose that the 
 same examinations arc not held in every 
 classical college of this province and in 
 Laval university ? One might well infer it 
 from the petition ; but it would be a griev- 
 ous mistake. We have some tiftcen classi- 
 cal I'olleges in this province whose regular 
 course includes all the branches taught in 
 faculties of arts and extend over eight years. 
 Before entering the classical course, a first im- 
 matriculation examination is passed, and then 
 every year two or three examinations are pass- 
 ed; unless they be successful, the student 
 must begin the same class again or go away. 
 
 The jietition of the Bar says that it was 
 proved before a committee of the house in 
 1880 tiiat every student who conudetes the 
 regular course of arts in McGill is made a 
 batchdor in arts, while in Laval and in the 
 colleges affiliated to Laval only a very smidl 
 proportion receive this honor, and that some 
 c»f our best French cidleges havi; no power 
 to confer degrees at all: it adds that 
 in justice to all they should all 
 
be put OD the stimo footing, and 
 one cannot be p;rnnte<l u jtiiviloifo which 
 is denied to othors. Th<MOU8e(|Ui'no«; would 
 be to admit without exumination all utu- 
 dents who have completed a regular course 
 of arts in all our chvHtiicftl institutionR. Now, 
 our experience as examiners for ytJirH goes 
 to Bhow that many students who have gone 
 through the regular course of Arts, both 
 French and Eugliuh, are not properly (|uali- 
 iied in many branches. 
 
 How is it, then, that Sir William distortK 
 the clear language of our petition and says : 
 '•It is evident that the said allegation (to the 
 eflect that McGill university gives the de- 
 gree of Bachelor of Arts to all utmlents 
 who complete the course in the Faculty of 
 Arts) is made with the view of creatitig an im- 
 pieasion that the di-grec of Bachelor of Arts 
 is given by this univarsity without buthcicnt 
 'jualiflcation.-' 
 
 We stated a fact which McG ill's petition 
 very cleverly does neither deny nor admit, 
 namely, that McGill university confers the 
 degree of Bachelor of Arts on every student 
 who passes successfully through the course 
 ()f arts; but the petition very artfully tries 
 to create > the impression that numerous 
 special examinations are passed yearly in 
 view of conferring the degree of B A., as it 
 is done in Laval. But on reading the peti- 
 tion carefully we lind tiiiii these ex- 
 aminations are only th(( regular half- 
 yearly examinations passed in all colleges 
 of classical education ; and the fact remains 
 as stated in the petition of the Bar that the 
 degree of Bachelor of Arts is conferred by 
 McGill and Bishop Universities on all stud- 
 ents who complete the course in the Faeultv 
 of Arts. 
 
 This fact now estublished, what becomes 
 of the prayer of McGill's petition' 'That 
 no credence be given to the allegations and 
 raistatements above controverted " The 
 mistutements are surely not ii^ the petition 
 of the General Council of th 
 Yours truly, 
 
 !S PAGNUELO 
 
 ii\ the 
 he\Bar. 
 
 THE 
 
 UNI VERS! TIES A AV> 
 PRUFHSSIONS. 
 
 Tin: 
 
 (Second Lettfr.) 
 Tn the Editor of the Gazette : 
 
 Sir, — 3. 1 now come to the obnoxious Bar 
 Act and regulations which are given in 
 McGill's petition as " indicting certain dis- 
 
 abilities on McGill university, and through 
 it on professional edncati«m " 
 
 Let us sec, hrst, wliat the Bar act and reg- 
 ulations provide for, and what reasons 
 are given for theii existence ; in the next 
 place — whether they indict any tlisabilities 
 on McGill or Bishop's universities or any 
 university at all ; and tinally what we must 
 think of the assertion made by McGill uni- 
 versity in their petition that degrees have 
 not been conferred by themselves on 
 students who had followed lectures ;>ro/orm<i, 
 and that no lectures have been or are given 
 ji-ro/oriita in their law faculty. The answer to 
 these queries will show how baseless and 
 mischievous are the statements made by 
 ' S'r William and a large, too large, portion of 
 I theKuglish press "that the <.'<lii(:ational rights 
 of the English minority are seriously endan- 
 I gered by the Bar Act an*! regulations,' and 
 to use the words of McGill annual report for 
 l«8f), that " the disabilities thus inflicted on 
 the graduates of I'rotestant universities are 
 contrary to the spirit of that urovision of 
 the law of Confederation, which guarantees 
 to the English and Protestant minority of 
 this province the educational privileges which 
 it possessed before Confederation, and that 
 such action is not witliin the power of the 
 local (iCgislature." 
 
 I here repeat •. Never have t&e graduates 
 in arts, literature or sciences of any imivers- 
 ity, either French or English, Catholic or 
 Protestant, been admitted to the study of the 
 law without a preliminary examination by 
 the Bar on their classical attainments. Nt!ver 
 have the giailuatts in law of any university 
 in Canada been admitted to the practice »)f 
 the law, without having been first admitted 
 to htudy by the Bar examiners, without 
 hiving studied with a practising advocate 
 during four or five years, and, finally, with- 
 out passing an examination on law hefort* 
 the Bar examiners. Therefore, thi^re has 
 been no eu<roachment by the Council of the 
 Bar in that direction upon the rights of the 
 Englisli Protestant minority such as they 
 existed in 18<;7, before Confederation, nor up- 
 on tlie rights or privileges of any university. 
 Catholic or Protestant. (See the Bar act of 
 18G6.) 
 
 Changes have since been made in the law 
 respecting the legal profession ; but none of 
 the nature mentiimed in the report of the 
 principal of McGill Hniversity ; and every 
 well informed person will not only respect 
 our intentions, but also bear testimony (as 
 all French and English advocates have 
 
 
duutt repeatedly) that the ctlect of these 
 changeH waH to rtiiHc the standard of claHHi- 
 cal iind legal HtudiuH. 
 
 Inwtead of four local boardw of exruniiterH 
 loi udmiKHion to the study and practice of 
 the jiw, we have eritabliHhed one central 
 hoard for th»! wh«)le province, in order to en- 
 sure an uniform and higher Ktaudard. 
 
 The preliminary examination is no longer 
 conducted (as formerly) by advocates alone, 
 who admitted themselves incompetent ; it is 
 made by three [»roie8Ror« in classical col- 
 leges, who prepart; written questions and 
 correct the answers. Advocates assist at the 
 oral examination. 
 
 A proj>raQime for preliminary examination 
 has been adopted defining what constitutes 
 a liberal and classical education. It was 
 adopted unanimously by English as well as 
 by French advocates, including professors of 
 McGill and Laval, members of the board of 
 examiners and of the general council. 
 
 It should be known that one of the said 
 examiners was the principal of Montreal 
 High school, who had also, conjointly with 
 his colleagues, recommended our pro- 
 gramme ; he has been sine*' replaced by Kev. 
 Dr. John Clark Murray, professor of philos- 
 ophy in McGill's faculty of arts. 
 
 Our rules are general and uniform for all 
 universities, colleges, and schools either oi 
 ilassical or legal training — 
 
 The following passage of the report is note- 
 worthy : " With regard to the Bar Act, it is 
 " to be observed that the whole regulation of 
 " the eximinations, both for admission to 
 " study and admission to practice, is trans- 
 " ferred from the universities to the council 
 " of the Bar." 
 
 It is here insinuated that the Council of 
 the Bar assumes the control of the examina- 
 tions made by the universities themselves, 
 and thereby encroaches upon their rights 
 and privileges. Nothing is more mischievous 
 and hurtful than such an insinuation, 
 especially when it is made to co-religionists, 
 whose feelings are tried to be moved by (SUch 
 statements. I have to again repeat that 
 graduates of colleges and universities have 
 never been admitted to the study or to the 
 practice of the legal profession without a 
 previous examination by the Bar. It is not 
 easy to deprive universities of rights that 
 they never possessed. 
 
 Universities and colleges are and still re- 
 main masteis of their course of studies ; of 
 their curriculum ; and of their examinations. 
 To insinuate that the Council of the Bar de- 
 
 cides for universities the 'lourse of studies 
 adequate for a degree, in most mischievous 
 and as untrue as it is mischievous. Uni- 
 versities are free to grant degrees to whom- 
 soever they please, and with or without exa- 
 n^ination, just as they please. Nolwdy, 
 outside themselves, thinks of dictating to 
 them their course of studies ; but liberal pro- 
 fessions are also free to protect themselves 
 and the public, and before granting any ad- 
 vantage to the possessor of ii university de- 
 gree, it is their duty to ascertain that those 
 tlegrees have not been granted to unquali- 
 fied pereons. 
 
 Let us ri turn to the examinations f.ir 
 practice. 
 
 The Bar Act of ISHC made it lawful for 
 the Qovernor-in-Council to prescribe the 
 university course of lectures ou law, with- 
 out which the degrees granted by universi- 
 ties would not avail to shorten the time of 
 clerkship. This power has been transferred 
 to the General Council of the Bar on the 
 suggestion of the Government itself, who 
 refused to act upon that law, although re- 
 peatedly moved to do so ; the law officers of 
 the Crown declaring that it was no function 
 of the Government, and that it properly be- 
 longed to the profession itself. 
 
 The Council of the Bar has prescribed a 
 curriculum of legal lectures during three 
 years upon each branch. Unless that pro- 
 gramme be effectively followed by the stu- 
 dent, the examiners may refuse to the grad- 
 uate the shortening of his clerkship from 
 five to four years. 
 
 This is what is called an encroachment 
 on the rights and privileges of universi- 
 ties ! ! 
 
 Now comes the question — Waa there any 
 reason for such a by-law ? 
 
 Certainly. All familiar with the question 
 admit that the teaching of the law in most 
 universities in our province was incomplete. 
 Many important branches were not taught 
 at all ; others were taught only in name. I 
 might go farther and say that at least one 
 legal faculty, which has since gone out of 
 existence, gave lectures only for form's sake 
 to five or six students, who had not more 
 than six or seven lectures in a year from 
 each of their professors. Is that teaching? 
 Our by-law requires that the graduated 
 students who claim a year's exemption, 
 fyle, besides their diplomas of B.C.L., 
 certificates of the number of lectures 
 which they have followed every year in 
 each branch. 
 
8 
 
 UniverniticR are froe to BJve the uutnbor 
 of It'cturcH, ami to cxiict kik h fxamination 
 aK they pleawe ; thoy luay alno grant degrees 
 to whoniHoever they like, withou' hindrance 
 or interfVrcnfe from the (Jonncii ol the Rar ; 
 I. lit, on the othir hand, the Bar in alHO free 
 to admit into iw rorporaticMi those only 
 whom they consider properly qualified. 
 
 This is surely not inviulinK the riKhts or 
 jirivileges of otherH; it is only using one's! 
 own rights and privileges, 
 
 McGill'rt rtpoit for 18«6 exi)resseH the opin- 
 ion that the best method to raise the stand- ; 
 artl of education is not " the multiplication of 
 lectures, but, •' as proved by experience, the 
 employment of skilled and eminent pro- 
 fessors, the cultivation of l.abits of in<Iepen- 
 dent study, and the extension of pni'-tical 
 work." 
 
 If 1 understand well the learned principal-; 
 of M(Gill university, he means to say that ' 
 what is wanted is, on the one hand, skilled > 
 and eminent professors to teach, and on the 
 other, students who wotild work by them- 
 selves. 
 
 The skilled and eminent professors must 
 teach the working and studious pupils. Hut 
 how often ? That is the question again. We 
 believe that a dozen lectures given wh-in 
 sixty or seventy are on the programme of the 
 university, or when a huiidred nhould be 
 given, in not enough. 
 
 Til!,' most eminent lawyer or physician will 
 not neglect his practice in order to give gra- 
 tuitous itaching to a few students. He will 
 lecture when he can without injuring his 
 practice, lie will not mind being absent for 
 two or three consecutive months during the 
 sessions of Parliament, siiould he be a mem- 
 ber of Parliament ; when in town he willlec- 
 tur<' now and then at his own convenience. 
 Students, after short, irregular attendances, 
 will cease going altogether. At the year's 
 end no reproach can be made to the student 
 without reflecting «)n the master, and nothing 
 is said. All, or n< arly all, the students are 
 declared bachelors, and this is what is tried 
 to be continued, by declaiming against" the 
 multiplication of lectures as a mosf lament- 
 able educational fallacy." 
 
 We hope that all professors are skilled 
 and eminent, but that concerns the univer- 
 sities What we require is that the pro- 
 fessors give the prescribed number of lec- 
 tmes, and that tlie students attend them. 
 Afterwards our examii\ation will show what 
 they know. 
 
 For many years such a regulation has been 
 
 iniposed by the Mctiical Acton students who 
 wish to obtain their license to practice. If 
 Protestant universities alone feel that regu- 
 lation, would It not be a sittn that tluty most 
 require it. 
 
 In Ontario, all law students, whether thoy 
 have graduated or n(»t, have to pass two e.x- 
 aniiuations before the .4ar examiners in order 
 to be admitted to practice. "The bendiers 
 may make rules for the improvement of 
 legal education, and may appoint readers 
 and lecturers with salaries, and may impose 
 fees and prescribe rules for the attendance of 
 students and iirtirltMi clerks at such readinu^ 
 and lectures." 
 
 It seems that this is encroaching birgely 
 upon the teaching power of universities, 
 and shows a great diHidence in university 
 leaching. Would not tlio forced altendanc;e 
 of students and articled clerks at such read- 
 ings and lectures kill all university teach- 
 ing ■' 
 
 How is it that our comparatively mild 
 and inolYensive regulations should be so 
 vigorously denounced as an encroachment 
 on tlie rights anfl privileges of universities, 
 designed to kill Protestant education, in 
 tho face of the existing legislation in the 
 English and Protestant province of Ontario ? 
 
 McOill university 8 petition next says : 
 
 That ropresentations hav<f been made to 
 Your Honorable house In a memorial signed 
 by tne Batonuiur tionoral and Heeretaryof 
 tlie Council of the Har to thoeffeei tlial' de- 
 crees hPfve been trranted to .students inio law 
 who had followed the lectures /iro fnrina 
 only, and that the faculty has silven lectures 
 />ro/orma only. These alleijatlonH we denj', 
 as altogether at variance with I'aet, in so tar 
 as this university is eoneerned, and are pre- 
 pared to prove the same by the records of our 
 faculty of law for a gr» at inimber of years, as 
 well as by the sueecss of graduates in passing 
 the examinations for admission to the prac- 
 tice ol law . 
 
 In the first place the petition of the Gen- 
 eral Council is misquoted ; it says " that de- 
 grees in law, until very lately, were granted 
 to students who followed the lectures /-ro 
 jornia only, and that faculties of law gave 
 lectures pro fonua only." The misquotation 
 is apparent. In the second plqce our petition 
 did not name or designate any university in 
 particular, and McOill misinterprets that 
 fact when it says that our petition speaks of 
 the faculty, meaning from the context the 
 faculty of McG ill university. Our petition 
 says nothing of the kind; it testifies to our 
 experience that the degree of bachelor of 
 law is not always evidence of qualification. 
 
and explainn tnat fact by arldioK that lec- 
 tures have boon given or b«;«n tbl lowed 
 pro forma. But since McOill chjillfUj^KS our 
 oHHLTtion, 1 Hhull briny: kouim evidence an to 
 tlie law facility of Mc(iiil that iiiUHt be accept- 
 ed as (OtH Iiihive Ity all fair minded personn. 
 Our rulcH were rutide in October, I8f<«), and 
 wore enforced in January, 18ft7. Laval and 
 iMcOill nniverKitiert had to appoint ;i cer- 
 tain number »)f profeKHois tor bran< hes ot 
 law hitherto omitted, and to replace others 
 who had only timired on paper ; in fact, a 
 general improvement in the teaching whs 
 inaugurated by botli univerHitieM, in conse- 
 • pience, I preHunic, of our action. Bishop is 
 law faculty very wisely went out of ex- 
 itjtence. More regular uttendauce was also 
 required from HtudentH. It was a ne«.-e88ity 
 in the face of the regulationw exacting a cer- 
 titlcate of the Juunber of lectures followed 
 every year by every student in every branch. 
 Oiir by-law was, therefore, a blessing both 
 to univcrsitioH and students, and generally 
 to the cause of professional ediicatieii. 
 It is interesting to read, in relation to this' 
 subject, the report ot McGill's annual con- 
 vocation of 18H7, as published in the 
 Gazettk of April Uth. 1887. We learn from 
 it that ''!"'• speeches wore made: — 
 
 The first t)y a yoaug man wlio aspired t*» 
 ^«eome an advoeaU and who piolmied by 
 ikiiotincinsr tlie General Council of I he Har, 
 the exanunation wtilch he seemed to appre- 
 hend. He, liowever, * referred to Uw decided 
 Improvement that had been made in the work- 
 ing <j| the law liuulty during the year. It had 
 aroused a continuity of attendance that could 
 not hut produce beneficial results." Let hlir 
 timnk lor It the regulations ot the council, 
 whiehhave not been a stranger to such pi ctgress. 
 
 The next two speeches were made by stu'lous 
 men — Mr. W. H. Kerr. Q.C., dean of the facul- 
 ty, and Mr. N. W. Trenholme, (,i.t\, pioiessor 
 of the law faculty . They spoke of the neces- 
 sity of strong preparatory and le;,'al studies 
 for Canadian advocates, on account of the 
 nigh functions to which they may b(? called as 
 advocates, legislators, judges, etc. " This was 
 a time," said Mr. Trennolme, " that called for 
 educated lawyers ; we must have aslnwycrs 
 men of broad and comprehensive views, nun 
 who would execute the laws with honor and 
 dignity." 
 
 The dean of the law fa<!Ully spoke of the 
 change In the arrangement of lectures; hf 
 was happy to see that the attendance was 
 much more regular; he regretted IhatJhe pub- ' 
 lie did not .seem to consider that the study of 
 law was as Important as any other ; It Is nl- 
 moBt Impossible to get men to sacrifice t 'id r 
 time anil labor merely to fulfil a duty ; chrlra ' 
 had to be endowed . 
 
 81r William closed the m..eting. He him- 
 self bore witness that, "at this moment the 
 faculty of law is, both in its staff and course 
 of study, better equipped than ever before." 
 
 The same testimony in favor of the favor- 
 
 able effects of our regulation s has been 
 afforded on every occasi(tn ever since. I 
 will only mention just now a report in the 
 H'</rt/',<t,s of (>( lober 2G, '^88, in which we 
 read : "The faculty of law is now well ac- 
 commodated in the low* r storey of thr Fniser* 
 institute, and considerable improvements arc 
 being made in its curriculum." 
 
 'i'his is not all. Let us hear the students 
 themselves and the I'jiirerdi'i/ (Jdzfllt, aye, 
 the McGiil College I'ntDfr.iiti/ Ga:eUe, which 
 bears out the General Council on tliis very 
 important (juestion. 
 
 Ifere isa serieh of editorials in that (laper 
 beginning on .January 2Uh, 18HH, and which 
 shows the shortcomings of 'aw teacliiug in 
 Mc(^il.l University, one full year after th(! 
 enforcement ct our by-law, and after the 
 iiuproveujents mentioned at the convocation 
 of April, ias7 
 
 JiCt everyone read it carefully ; it throws 
 much light on the subject and explains 
 clc.irly why a dii,Mec of B. C. L. is not al- 
 ways . ideuce of (lualitication. It is one of 
 the nn interesting images of literature 
 extaut ('U the (piestion, and bhows in its au- 
 thf^'' firm uess and independence of charact- 
 ( ..s well as a •' .^,,ect fur truth ard a de- 
 .sirc for t'le aiKancemeat of learning. 
 
 Kxtri'<^tK , i-Din ('nil, rsit}/ Gay.i-li^, Jaiiiuirfi 
 
 *'IfMc(4ill university Is belni? attacked to- 
 day, anu vvilh a show of reason, It Isheeaus*- 
 her auihorities h><ve neglected their duly. 
 They have allowed h . icnlt v to ex'st for years 
 in uahieonly 'I'luy have u.sef' neither their 
 InHiunce nor tlinir money to assist the law 
 faculty. They se> m to have remarded lias a 
 necessary encumbrance, .ind now that they 
 are being struck Ihiough it. the wet'k mem- 
 ber oi the uiii\ "rslty, th'-yeall upon all men 
 to commiserate tlieir siifJerlngs and rally to 
 th<ir .-.upport. Not a bit of it: maku law as 
 strong as medlciui'.aiul you will fill this Prov- 
 ln<'e with such a niiinbir of dev( ted graduates 
 thai tlie halls of legislation and the courts of 
 justice would luinifdlatciy frown upon any 
 attempt to curb your llberlle.s. 
 
 " And now, ftjrsooth, we are told we mu t 
 not criticize the work of the lecturers, because 
 fliey do their work for no recompense To 
 ihis we answer— i I Is shameful that no serious 
 effort has been made in the past to propei ly 
 pay those men for their services, aud since 
 these men have held themselves out t*-) the 
 world as having done the work, we have a 
 Tight to enquire how they have done it. 
 
 '• How can a teacher do his work without 
 having given a thought to the subject matter 
 which is to engage his attention at each par- 
 ticular les on?" 
 • ••••♦••«»• 
 
 Speaking of the lectures on Roman Law 
 it says : — 
 "We have t>een told In the past that the 
 
10 
 
 school alms rather at directing the student's 
 reading th&n at inioartlng detailed lufornaa- 
 llon. It would be well for the student In this 
 course If even this were occuslonnlly niioem- 
 bered. On the contrary, the lecturer nt- 
 tempts to cover so much s'ound that totally 
 distinct anil ditTerent subjects crowd each 
 other out Instead of this, iiow much better 
 It would be to confine himself to the elucida- 
 tion of ditHcultpolnljB, and let Jhe student 
 rely uoon the books lor further Information. 
 As It Is now there is noi one law student In 
 one hundred in the Mctiill school whoever 
 opens (Jalus, Justinian or Ortolan." 
 
 February 2ll, 1888,— In marked contrast 
 are those on th- subject of " Criminal Law":— 
 "There is no contusion here, each lecture takes 
 up a particular point expands it, and leaves It 
 on a clear and Intelligible form before the 
 student. Probably there is no course In the 
 school from which the students derive more 
 real practical, every day working; knowledge 
 than from this 'Criminal Law and Pro- 
 cedure.' 
 
 '• Few students fail in tlieir examinations 
 upon this subject either in the University 
 examinations or before the Bar. ♦ * • ♦ ♦ 
 On the oU-.er hand, we will dismiss with a 
 few words, two of the other courses. They 
 are those put down in the calendar under 
 the reading •' IjCgal Blograpliy and Civil 
 Law," they are a waste of tlint;. 
 
 March '27, 188j<. "There remain two only 
 of these courses which we have not criticised. 
 We trust that the spirit In wnli-h our criti- 
 cisms have been conducted lias commended 
 them to all fair-minded men. We have en- 
 deavored to do our duty independently of all 
 side issues raised by prejudiie and short- 
 sighted selfish motives, and having faith in 
 McOlll are willing to be judged by the course 
 of her future development. • • • ♦ 
 In beginning this series of articles we com- 
 plained that actual teaclilng was not done. 
 
 "Some professors and apparently the 
 present race of students, seem to have come 
 to the conci uslon that ' teacliing' belongs only 
 to the ordinary .school, that it is much too 
 humble to engage the attention of 
 college professors and college students. * • 
 
 " There i« yet another remedy, which, how- 
 ever, in view of recent events and arguments, 
 we refer to with some ditfldence. Tt would be, 
 nevertheless an ettectual and a sure cure for 
 the trouble complained of in such a course as 
 this* It is : • Give more lectures.' " 
 
 May 5, 1888— Notarial Students— "It Is pro- 
 bably In acknowledgmetit of these facts that 
 McGill has, in her Law faculty, what is called 
 a notarial course. Mhe recognizes tliat they 
 have needs which the ordinary law course 
 does not supply. This recognition, however, 
 consists in name only, and not in fact. The 
 calendar publishes tlie name of a lecturer in 
 the notarial course who never p"ts in an ap- 
 pearance in the lecture room, and who never 
 delivers a lecture. Notarial students are 
 forvied In order to obtain their degree to talre 
 up the ordinary branches which the lawyer 
 studies. There is not one reference made 
 throughout the" whole course, to the special 
 work of the notary. ••♦••» 
 
 *' This year the law faculty graduated five 
 men, of whom three are to be notaries; not 
 one word throughout the course, specially to 
 this majority of the class; not one word In 
 
 the lectures specially directed to them ; not 
 I one word of recognition at convocation. This 
 ; state of afTairs must cea.se." 
 ; It seems that some of the law students of 
 ! McGill university protested against the out- 
 I spoken utterances of the l/nivcrsitti Oazftlr. 
 
 Without enquiring by whom or by what nio- 
 ' tlves they were prompted, I here subjoin tlie 
 
 answer from the edllor-in-chlef of the Univpr- 
 j .«t7.v Gdzi'lt" to this protest — 
 
 1 '* To the Editor of the Wit7ie.<is : 
 
 "Sir,— With reference to the protest of the 
 ! law students of McGlll, puhUsi ed in your 8a- 
 ' turday edition, the editors of tl.c: Univirsitj/ 
 I Gazette believe they are in a position to prove 
 i every statement they have made In their 
 
 paper about th<- Mc 4111 law school. It will 
 I never cure a sore to cover It up and deny that 
 i It exists. Our answe*- then to the students 
 ' and their protest Is this: We have told the 
 
 truth, we bolievd it was In the best Interests 
 I of McGlll and her law school to do so, and 
 
 when the indignant students of '87 and '88 
 j shall have put aside self interest they will, we 
 I have no doubt, see with us. 
 I R. J. Elliott, 
 
 i Editor-in-chief of the University Gazette.'' 
 I I shall close this letter with a report pub- 
 lished in th'.; fJrAZETTE of December 17, 1!*87» 
 of the proceedings of McGill University Lit- 
 erary society, which had taken place on the 
 preceding evening, the president. Mr. Selkirk 
 Cross, in the chair. 
 
 " The question : ' Are the regulations for ad- 
 mission to studv law an infringement on the 
 rlKbts of the minority in this province?' '" was 
 debated Mr. Francis Mcf^ennan, the leader 
 of the ain>-maiive, led ofl" in a neat and well 
 worded speech, and was followed by Mr. 
 W. A Weir, who supported the n >gatlve In a 
 ''arefuUy prepared discours-, showingcoiisid- 
 erable research into the subject. Mr. H. J. 
 Brown, for the alTlrmative. . ♦ • • 
 Mr. A. G Cross vigorously attacked the pre- 
 vious speake. as having failed to demonstrate 
 what, if any, rights have been infringed 
 
 The debate was then taken up by Mr. Ought - 
 red, who assailed the present system as mani- 
 festly nniust. Mr D R. Murphy, in a tem- 
 nerate speech, controverted the arguments of 
 the last speaker. Mr. Selkirk Cross then fol- 
 lowed, and on Mr. McLennan summing up, 
 the vote was given in favorof the ncrjatirc 
 
 I shall conclude this correspondence in 
 
 my ne.\t letter, wherein T intend to discuss 
 
 some important topics. 
 
 S. PAGNUELO. 
 
 Montreal, I'ebruary 2.S. 1889. 
 
 I THE UNIVERSITIES AND THE PRO- 
 
 I FESSIONS. 
 
 (Third Letter.) 
 
 To thf, Editor oj the Gazette : 
 
 SiK, — The Gazette of February 22nd pub- 
 lishes another petition of McGill's law 
 
11 
 
 ; not 
 
 ThlH 
 
 JTltS Ol 
 
 out- 
 
 It nio- 
 In tlie 
 nivpr- 
 
 11 
 
 of the 
 r Sa- 
 rsitji 
 
 prove 
 MiPlr 
 will 
 that 
 
 lents 
 
 the 
 
 estK 
 
 and 
 
 I '88 
 
 11, we 
 
 tRcMilty lamenting, in a doleful tone, over 
 ih.:ir Ho-caiIe<l grievanci'S. It is introduced 
 l.y a i?liuit editorial note commending, the 
 -same. Tho petition embodies thi- views, 
 hjiys the Ga/ette, "of Home of our most 
 
 ipinent legal minds as to tlu; j)o\v«rH tVans- 
 Itrred hy the Legislature from the execu- 
 tive of the province and the univ<rsitie8 to 
 ,. body over whicl: the public has no direct i 
 ' ontrol. ' ; 
 
 This is where the shots pinches. They | 
 wiint to return to the good old time, when | 
 till' professors lectured or not : when the ' 
 suidents attended or not, and when at the ■ 
 ond of the course every student was made a 
 r.iichelorand pronounced ^H(7 Moli,ere\ "diffiiiift | 
 i'.>0 intrare in noHiro locto '-nrjior)'," and when , 
 the professors complimented the students, 
 iiad the stud''nts the professors, the faculty! 
 and the university, and every one was happy. | 
 
 Hi'las ! qu'est devenu ce lernp.--, cet heureux : 
 
 temps. I 
 
 t)ii nos Rois .s'honoraient danoni df fa(n('>ants. ; 
 
 McCrill's law faculty laments over the 
 translV-r from the !''>:ecutive of the Province 
 and from the universities to the rii-neral I 
 ^'oun< il )f the Bar, of the power determining , 
 how many lectures students must follow in I 
 return for the privilege of shortening their | 
 ilerkship by one year. Now, to speak , 
 [ilaiiily, McGill and Bishop's universities! 
 and " the most eminent legal minrls " , 
 who express their views in the petition, , 
 want no control of any kind except j 
 tlieir own discretion. They are fully ! 
 aware that the law of isnr,, which gave the i 
 Executive of the Province the power of! 
 'ietermiuiug the number of law lectures to • 
 le followed for the purpose of the privilege ' 
 above ruentioned, has been a dead letter for 
 twenty years, ancl they expect the same law 
 would bring the same re.su it. In 188 1 and 
 1885 the (ierieral Council petitioned the 
 I^.Kecutive to use that power for the reasons 
 now fully known to all who have read my 
 [ireviouH letters. What has been (he result.' 
 The Attoruey-Generul wrote to the three 
 law faculties for their programme of 
 lectures. These wiire transmitted tohiu) ; he 
 relerred the same to me. as secretary of the 
 General Council for their views. The Coun- 
 cil oxaminefl the tlirce programmes and 
 suggested something of an average between 
 them ; for instance. Laval liiid 'j.'>0 i'.'ctures 
 un civil law, and about, say, 180 on com- 
 mercial law, while McGill and Bishop had, 
 suy, 240 lectures on commercial, and 'J40 on 
 
 civil law. We proposed something like 40u 
 on civil law, and 200 on commercial law, 
 that is, an average between the two pro- 
 grammes, but lowering it somewhat in each 
 case below the highest. 
 
 Then we wrote to and interviewed the Law 
 Officers of the (>'rown for an answer, but 
 without any result, until finally we were 
 told that this was not of the functions of a 
 government; that it appertained properly to 
 the profession itself to determine such ques- 
 tions A promise was made that the law 
 sboid i be clianged in that direction, and this 
 w;t.s done in 1886. 
 
 It is to that good, benevolent control of 
 the Executive that the -'most eminent legal 
 minds of McGill's law facidty' wish to re- 
 turn, expecting that control to mean nothing 
 at all. and to govern themselves, as of yore, 
 according to their own fancies and conven- 
 iences. 
 
 But it may be said that the present Uue- 
 bee Government is dispo.sed to determine 
 at once thi' number of leetures to be given 
 in the law faculties. 
 
 iMy answer is this : in the first place, if 
 this were done, the English universities 
 would not be satisfied unless the number of 
 lectures were greatly reduced.aud Uie stand- 
 ard of legal studies lowered; professional 
 education, so h^idly invoked as a motive for 
 the change, would be degraded, and the 
 efforts of the leading members of the Bar in 
 the whole I'rovincc, who compose, and have 
 composed for years the General Council, 
 would be destroyed. 
 
 Tiie professors of McGill's law faculty com- 
 plain tha'; the number of lectures, as pres- 
 rribed by the General Council, is too large; 
 the .}f(fji'f. Uniro-xUii Gazefe complains that it 
 is too litJe. The result at the Bar examina- 
 tion shows that it is not too large, but it is 
 expected it will be found sutficient when the 
 lectures are triveu regularly, and when regu- 
 lar attendanc:e is exacted from students. 
 
 Before the < leneral Council finally fixed the 
 number they heard tiie remarks and obser- 
 vations of the leading members of our three 
 law faculties, and the result was a com- 
 promif-e which was considered as satisfac- 
 tory find fair to all. 
 
 McGill's yearly course only lasts six 
 month' during three years. Why is not 
 the course extended over four years, as the 
 clerkship of law students lasts at least four 
 years ? I understand Laval is willing to 
 make the extension. 
 
 The question ougl\t not to be is the 
 
12 
 
 i 
 
 Qiimber too large for the convenience ot -ho 
 unpaid prafeHsorH, but is it too large 
 for the wauls of the students and 
 the good of profesHionul iHiiKfition ? The 
 English univerHitii'S choose the firat ground, 
 we choose the second ; that is the difterence 
 between us. They have personal eiids to 
 serve : we have only the general public in- 
 terest in view. 
 
 Now, as to the (Jeneral Council of the 
 Bar being an " irre8|)oii8ible body,'^ '^a 
 body over which the 
 is not the General 
 year by the «even 
 the Bar in the 
 the Province .' Is 
 the Province, every 
 
 public has no control," 
 Council elected every 
 hundred members of 
 diflerent sections of 
 not every section of 
 nationality and creed 
 fairly represented on it? What control, I 
 pray, has the public over the law faculty of 
 McGill universitv ? Do you caii that a re- 
 sponsible body.' To whom was it responsible 
 when " it has ;il lowed that fatuity to exist 
 for years in name only .'' to use the ex- 
 pression of the McGill Univ.ersihi Gazrtte. 
 How is it that the same authority has writ- 
 ten and published within the very preciuts 
 of that august institution, and under the 
 wing, 80 to say, of Sir William Dawson him- 
 •self and of the professors ot the law faculty:— 
 " If McGill university is being attacked to- 
 day, and with a show of reason, it is because 
 its authorities have neglected their iluties. 
 They have allowed a faculty to exist for 
 years in name only. They have used neither 
 their inlluence nor their money to assist the 
 law faculty. They seem to have regarded it 
 as a necessary encumbrance, and now that 
 they are being struck through it, the weak 
 member of the university, they call upon 
 all men to commiserate their sufteriugs and 
 r<illy to their support.'' 
 
 SpeaKing of the control exercised over the 
 professors, not to mention the students, the 
 Vnivenily Gazette says: "Since these men 
 have hn 111 thomsolvos out to the world as 
 having done tno work, we have a right to en- 
 quire how they have done it. How can a 
 teacher do his work without having given a 
 thought to the subject matttjr which is to 
 engage his attention at each particular 
 
 les^son ?" 
 
 " As it is now, there is not one law student 
 in one hundred in the McGill school who 
 ever opens, Gaius or Justinian (u- Ortolan.' 
 This may betaken also as an answt-r to the 
 McGill report for 1986, which combats 
 the fallacy of "the multiplication of 
 lectures as the best method of raising the 
 
 standard of studies, whereas it has been 
 proved by experience " says the report, 
 «' that this can best be done by the employ- 
 ment of skilled and eminent professor.-^, by 
 the cultivation of habits of independent 
 studies and by the extension of practical 
 work.'- 
 
 A few more short citations from the same 
 publication, and I have done. 
 
 " Some profeh8((rs, luid ap])arently the 
 present race of students, seem to have come 
 to the conclusion that teaching belongs only 
 to the ordinary school; that it is much too 
 humble to engage the attention of college 
 professors and college students.'' 
 
 " There is yet uni;thcr remedy, which, 
 however, in view of recent events and ar- 
 guments, we refer to wit^i some difhdeu'je. 
 It would b.i, nevertheless, an elfectual and 
 sure cure for thi; trouble complained of in 
 such a course as this ; it is : give more lec- 
 tures." 
 
 "Lectures on muuicipal law, first suggest- 
 ed in the (l/niven^ili/) Gazette, are no'v a part 
 of the course." 
 
 Now the English universities, not only 
 dread the regulations and control of the 
 Bar examiners, cherishing the paternal rule 
 of the Executive of the Province, but object 
 also to the obnoxious certificate by the 
 authorities of the law faculties as to the 
 number of kictures followed by every law 
 Bacnelor during the three year course. I 
 understand the objection of the students and 
 of the professors to such a certificate to be 
 that it is no longer compatible with the 
 easy-going fashion of late. But is this con- 
 trol use ul and advantageous, nay, neces.sary, 
 both to students and profess-ional education 
 generally? In replying in the atlirmative 
 I may again use the words of the UruversUy 
 Gazette: " In tin.-; assurance we can afford 
 to disregard the snoero of prejudiced minds, 
 even though they be in high places." 
 
 The petition of McGill's law faculty men- 
 tions with pride the large number of their 
 law graduates who occupy high positions 
 both at the Bar and elsewhere. We don't 
 deny it, but can point to two eminent judges 
 or advocates who never followed a law 1(!C- 
 ture in any university to one who gra- 
 duated a iJacholor of Law. This I say, 
 not with a view of discouraging or 
 disparaging law tea'hing, the which 1 havi^ 
 done my best etforts to promote and improve 
 for over fifteen yeuis hut to show the wealt- 
 uess of the argument adduced by the peti- 
 tioners. We give such encouragement to law 
 
13 
 
 iias been 
 |e report, 
 leiuploy- 
 
 psors, by 
 jt'lJcndeiit 
 jpracticiil 
 
 It he same 
 
 |ntiy the 
 iv(i toin<' 
 
 Kigs uu ly 
 
 lUch too 
 
 pollegf 
 
 , which, 
 and ar- 
 
 ifWdencc. 
 tiiiil and 
 
 ed of in 
 
 rjoro lec- 
 
 SUggOBt- 
 
 )^v a part 
 
 not onJ\ 
 of the 
 rnal ru!<; 
 ut object 
 by the 
 > to \ ho 
 very law 
 urge. J 
 Jfutsand 
 ilc to be 
 with tlie 
 hit; con- 
 eoessary, 
 du cation 
 innative 
 
 m afibid 
 1 minds, 
 
 ty men- 
 ot their 
 lOciitiuns 
 Ve dou't 
 t j'ldges 
 law hic- 
 ho gra- 
 I say, 
 ;ing or 
 1 have 
 m prove 
 e weak- 
 e peti- 
 t to law 
 
 teaching, and such a privilege to the de- 
 gree of B.G.L.. that nowadays nearly every 
 fitndont is forced to attend la>v lectures and 
 to Uke a degree. But this is no proof of the 
 value of the law lecturcH, nor even o"f the 
 Htuden^'s attendance, and i8 no disproof of 
 (ho ariKcrtion that the degree of B.C.L. is 
 given too indiscrimiuatelv to students, good, 
 had and indilferent. 
 
 More telling statistics would be those 
 ghowing the proportion of law graduates 
 who have been unable to pass the Bar ex- 
 aminations. I cannot resist mentioning the 
 rcMiltofthe last examinations in reference 
 to this question Fifteen candidates gave 
 notice of their intention to pre- 
 sent themselves, fourteen of whom 
 were graduated B. C. L. of McGill 
 or Laval, the largest number being of Laval. 
 Three came as far as the door of the examin- 
 ation room, and turned back, two of whom 
 wore B. C. L's. who had already been reject- 
 ed three times each at the Bar examinations. 
 They confessed tbeir inability to compete. 
 Out of the twelve remaining, four were re- 
 jected on their written e.xaminatic ns, the 
 whole four being B.G.L'.s., and some of them 
 iiad already been unsuccessful more than 
 once. 
 
 How is it that these young men had been 
 made B.C.L. s at Laval and McGill ? Do not 
 -ay that our examinations are severe. They 
 are not, but they are serious. Do not say 
 that there is any feeling against the students 
 or any unfairness ; both universities are re- 
 presented on the board by some of their pro- 
 fessors, and the rejection was unanimous in 
 -every case. 
 
 One more word and I have done. The 
 last petition of McGill's law faculty begins 
 by invoking. he powers conferred on McGill 
 uy Royal charter, and existing at the time of 
 (Jonfederation, of conferring degrees, 'Uid '' of 
 prescribing its course of study necessary to 
 constitute a complete legal course, subject 
 only to the approval of the responsible E\e- 
 • utive of the Province of Canada;" the peM- 
 lioners next "maintain that the said uni- 
 versity ought not to b»; deprived, as it hath 
 betn, of its said rights and privileges and of 
 .he said valuable constit)itional guarantee 
 enjoyed by it at and sinc'e Confederation in 
 educational matters, of being subject only to 
 the responsible Executive ol the I'ruvince as 
 regards the sufficiency of its course of legal 
 study " 
 
 We read in a report published in the Wif- 
 7ie««, of October 21», 1888: '*The necessary 
 
 legislation to protect the faculty from sub- 
 jugation to an unfriendly majority ot the Bar 
 of the Province not having been obtained 
 from the Legislature — having failed to pass 
 the Legislative Council — a memorial had 
 been draw!) up appealing to the Dominion 
 Government, but as there was hope thut th(i 
 Legislature might act difl'crentlv at its com- 
 ing session, it was thought wise to await 
 such action.'' 
 
 In McGill's annual report for 188(5 we find 
 also this astounding statement : 
 
 " In so far as the province of Queoee is con- 
 cerned, \iU believed that the disabilities thus 
 Inflicted on the graduates of the Protestant 
 universities are contrary to the spirit of that 
 provision of the law of Confederation which 
 guarantees to the English and Protestant, 
 minority of this province the educational 
 privileges which It possessed before Confedcr- 
 .ition, and that such action is not within the 
 power of the local Legislature. It lias beeu 
 proposed to test this question by submitting 
 a case to counsel, should our present appeals 
 to the local Government and Legislature be 
 unavailing." 
 
 The relationship and family likeness of 
 these dilTerent quotations are apparent, 
 with this difl'erence, however, that the actual 
 threat is covered, timid and xiil, rosa. 
 
 I answered that rejnjrt in my controversy 
 of April, 18.H7, by saying that, as to an ap- 
 peal to courts of justice, there is, first of all, 
 nothing on which to baso it, the guaran- 
 tees said to t)e granted by the Confederation 
 act to the English and Protestant minority 
 in Quebec, under clause 93, only referring to 
 separate eonamon schools existing in favor 
 of the minority in Ontario and Quebec ; 
 therefore such clause has no bearing on the 
 present question. 
 
 in the second place, were it not for the 
 noxious agitation that would necessarily fol- 
 low and the hopelesi^.ness of the task, I 
 would gladly invite the l!d!cGill authorities 
 to attepipt it. The rebuke they would re- 
 ceive at the hands of the judges would, per- 
 haps, stop tiuMr baseless and unpatriotic 
 clamors. 1 would extend the same invitji- 
 tion as to their intention of appealing to the 
 Dominion Government, whose answer could 
 not be doubtfui for a moment. 
 
 Sir William Dawson has gone further yet 
 in this line of misleading and mischievous 
 appeals to prejudice. In his address at the 
 convocation of McGill university in April, 
 1887, he is reported as having used the fol- 
 lowing language ; 
 
 "iShould the English universities' demand 
 of a Protestant board of examiners to admit 
 candidates to the study of all liberal profes- 
 
14 
 
 I 
 
 eions be denied, he said, ' the case will be 
 one which, in the interests of the Dominion 
 and the Empire and the cause of liberty and 
 progress, must be appealed to our fellow- 
 citizens beyond the limits of Quebec' " 
 
 This is the language of a violent rather 
 than of a serious man, and ctrtainly not that 
 of a friend of his country, nor of the caune 
 which he pretends to uphold. These 
 ill-considered provocations will not much 
 move true Canadians, and the lead- 
 ing members of the Bar who com- 
 pose the General Council can well alTord 
 to smile at this intemperate language. Re- 
 lying on the justice of our cause, ard re- 
 gardless of appeals to class piejudice such 
 as that last quoted, we shall contioue our 
 efforts to raise the standard of classical and 
 profes;<iMnal education in this Province, and 
 shall count on the moral su|iport of every di.s- 
 interested friend of education and of every 
 patriot; and we are fully coufident that Sir 
 William Dawson and his friends will soon 
 realize that appeals to passion and ignor- 
 ance no longer succeed in this countrv. 
 
 I thank you for your hospitality, and 
 hope this will be the last of this contro- 
 versy. 
 
 S. PAUNTELO 
 
 Montreal. February Jo, 1S89. 
 
 TJIE li. A. HILL 'iKFOHi: Till': nOLSt'> 
 COMMITTEE OF LEG 1 SLAT I ON. 
 
 't'ouftli Utter.) j 
 
 To the J'Jditor of (lie Gazette : ' 
 
 SiK, — Your report of tht; proceedings be- ; 
 fore the House committee on the 15. A. bill, : 
 is partial, one-sided and unfair. It has boou ! 
 made by one who dues not evidently under- 
 stand French and who cttuld not, therefore, j 
 properly report that i)art of the discussion ' 
 which took place in French and which in- | 
 eludes my own argument. 1 took care, at \ 
 different times, to repeat in Knglixh the most 
 salient parts of my case for the benefit of' 
 the doctors, chancellors, prof(!ssors and rep- 
 resentatives of McGill ii'id Bishop'h uni- 1 
 versitios who, from their interruptions and \ 
 remarks, clearly indicated on more than oni," ' 
 occasion, that they could not follow a French \ 
 discussion, a fact some of them ndniitteil. 
 
 As your report gives no fair idea of luy : 
 line of argument, I must trouble you again ' 
 and ask for the following corrections and I 
 additions 
 
 The report that I "called in question 
 the teaching abilities of McGill and Lennox- 
 ville and doubted whether the B. A. degree 
 would be sufficient to justify admission tu 
 study,'' is at variance witli facts. 
 
 I said nothing of the kind. The ground 
 
 of our opposition to the bill is (1), that if wi 
 
 i are to judge of the value of the degree «yf 
 
 i Bachelor of Arts granted in this province l)y 
 
 I the degree of Bachelor of Laws, (BC.L.,) 
 
 we cannot accept it iis evidence 
 
 of qiialitieation, because our experience as 
 
 Bar examiners for a number of years goes to 
 
 l)rove that the degree of B.C.L. is accordcii 
 
 too freely to unqualified and ignorant 
 
 persons, and indiscriiuinately to all who 
 
 make ashow of following lectures in any ot 
 
 our three universities. 
 
 (J) In the second jilace, McGill md Bi- hop s 
 universities grant the degree of Bachelor i)t 
 Arts to e\i'ry student who completes the 
 course of Arts, without any special test or 
 examination, beyond the usual and ordinary 
 yearly examination : while Laval exacts foi 
 the degree of B. A. special examinations and 
 a higher number lu' marks in every branch; 
 and while some of our best coih:fges have no 
 degree conferring itewer whatever. 
 
 Should the bill become law, and shouhl 
 the bearer of the B A degree be admitted t^ 
 study any liberal profession without further 
 examination before a professional board of 
 examiners, we would have to admit, without 
 examination all students wbo have gone 
 through a course of Arts in any of our 
 eighteen or twenty classical c«)lleges or 
 high schools, in order to prevent discr;>nina- 
 tiou in lavor of English mdversities as 
 against French colleges and Laval univers- 
 ity. Now, we know from experience, as Bar 
 examincr.s, that the average standard of 
 (dassicul 'ducation, both French and Eng- 
 lish, in this province, is yet too low to ad- 
 mit indiscriminately all such students to 
 study the liberal professions, and as it is 
 impossible in this mixed community to 
 discriminate in favor of an institution as 
 against the others, we must stand by our 
 general rule of an examiuation before the 
 professional boards of cxamincMs, aided by 
 professors in the Art faculties. 
 
 Instead of the geneialities mentioned in 
 your special report, which no one disiuites 
 on i)riuciple. but which we consider inac- 
 ceptable in practice on actount of the par- 
 ticular circumstances of this Province, the 
 discussion bore mainly on a few particular 
 points, namely : Is it true or not that McGill 
 
15 
 
 question 
 
 J A. dogreo 
 imisHion tu 
 
 I'he ground 
 that if wr 
 degr<?e (,t' 
 
 Irovince \,y 
 (B.C.L.,) 
 ovi(len(;<' 
 
 |tJtieiir;e as 
 
 a^cordcil 
 
 • 11 who 
 [iii any f>t 
 
 "1 IJi-hop's 
 
 lehflor of 
 
 plctes the 
 
 i'»l test or 
 
 d otdiaaiy 
 
 exacts f(ji- 
 
 ■'itif)ris ;iri(l 
 
 ry branch ;' 
 
 -s have no 
 
 nil should 
 hnittt;d 1m 
 ut furthei 
 
 hoard oi 
 it, without 
 iHve gone 
 ly "f our 
 lieges or 
 iK<'riniin;i- 
 I'Hities a,-- 
 
 univors- 
 ''0, us Bar 
 ndard of 
 nd Eng- 
 w to ad- 
 iidents tn 
 as it is 
 unity to 
 ution as 
 by our 
 fbre the 
 .ideti by 
 
 iouod in 
 disputes 
 t^r inae- 
 the i)ar- 
 nee, the 
 irticuiar 
 • McfJill 
 
 and Bishop's universities confer the degree 
 c<{ B.A. on all students who complete the 
 courBo of Arts, while Laval, only confers it on 
 a few choice students who submit them- 
 selves to a special test and examination'' 
 How luany marks are required for the B.A. 
 degree ? What is the value of the B.C.L.. 
 degree ? What is the average standard of 
 educfttion here '! Have the prograaime and 
 mode of examination adopted by the Bar 
 been beneficial both to classical arid pro- 
 ftusional education ; and would the bill, if 
 adopted, be a retrograde step and have the 
 effect of lowering education by establishing 
 dinong universities, free from all control 
 whatever, an injurious competition in the 
 wrong direction ? 
 
 These are the main points. I shall now 
 nun lion only a few facts which have 
 clearly been established and which are now, 
 I understand, undisputed : — 
 
 In ISrfC, McGill had twenty-seven 
 students in the fourth year course of art?:, 
 iiud the twenty-seven were made B.A. 
 
 in 1888, nineteen students completed the 
 ■ourse of Arts in McGrill, and nineteen 
 werf made B.A., as it is established by their 
 own calendar; while in Laval's Art Faculty 
 in the city of Quebec, nineteen students fin- 
 ished their course in 1888, the same number 
 as in McGill, and only four were made B. A. 
 Rev. Dr. Heueker, Chancellor of Bishop s 
 university, being asked by me before the 
 committee, how many completed the course 
 uf Arts in his own Faculty during last 
 year and the previous year, and l|ow many 
 were made B.A, answered he could not 
 tell, not even approximately. 
 
 Sir William Dawson being ciuestioned by 
 mo to the same effect, referred tlie conimit- 
 \< V to Dr. Johnson, who would answer the 
 next day. On the following day Dr. John- 
 s(»n came with statistics showing the number 
 who passed the nuitriculation examina- 
 tion before entering the course of arts, and 
 how m;iny after four years' study were made 
 (5.A. This was evading the question, and 1 
 K'iieated my question so often, and in such a 
 clear way, in En ;lish of course, that he was 
 forced to say that so few were refused the 
 •legrce of B. A. after entering the fourth year 
 'lass, that it was not worth mentioning. : 
 That was the r)oint I wanted to make out, \ 
 and it was finally established beyond dis- j 
 pute. I 
 
 Dr. Johnson explained it by saying tliat 
 the weeding out takes place, first, at the 
 matriculation examination and then at the 
 half-yearly examinations, during mostly the 
 
 two first years ; such weeding out taking 
 place not by rejection only, but also by stu- 
 dents leaving the Faculty for other studies 
 or to enter buBiness. He also mentioned, 
 without being questioned, that only one- 
 third of the marks are required at each exam- 
 ination, the rule even not being observed, 
 when the professor is satisfied with the boy's 
 training! Is not this astounding news? 
 What does it signify whether the curriculum 
 is as high as Cambridge's or Oxford's, and 
 wliether as many or more examinations are 
 passed, when the examination is held before 
 each professor only, who is required to fol- 
 low no rule as to the number of marks ? 
 Now, during the eight year course of classic- 
 al studies in all our French colleges, there 
 are two or three examinations every year, 
 and the weeding oiit proceas is surely not 
 unknown. These examinations are not held 
 by each j)rofessor alone, but before three or 
 four professors, and often before outsiders, 
 and they have to follow rules as to number 
 of marks. The Council of the Bar, however, 
 refuse to admit their students without ex- 
 amination before the professional board. 
 
 Moreover, Laval university is not satisfied 
 with one-third, but requires two-thirds of 
 the caarks on every subject matter for the 
 degree of Bachelor of Arts. It surely of- 
 fers better guarantee of training and mental 
 culture than the English universities, and 
 should be the university to ask, above all 
 others, for special favors and recognition. 
 Yet, Laval is against the bill, for the reasons 
 above given, namely, the general interest of 
 education aad the special circumstaucys of 
 the country as to educational matters 
 
 Finally, I object to the title given to that 
 report, vvhich sounds like an appeal lo re- 
 ligious feelin;^ • " Lniversities united in de- 
 fence of the rigiits of their sjiirilunl child- 
 ren." I should have thought that more re- 
 spect woulil have been shown for the w(»rds 
 of the Hon. Mr. Lynch, wiio- is reported by 
 you as having said : " He felt bound to take 
 the opportunity of dtnying with all the em- 
 phasis he could, that his bill was in the 
 least degree sectional or national." My im- 
 pression is that the rejiort does not give 
 exactly the words of the Hon. Mr. Lynch, who 
 protested against appeals to national or re- 
 ligious feehng in support of the bill. Theie 
 is clearly a difference upon which I need not 
 insist. I nope the advice implied in his 
 words will be followed hereafter. 
 
 S. TAGNUELO. 
 
 Montreal, March 1, 1889.