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The detailed figures, which extend to over two hundred quarto sheets, cannot be given here. But they were pondered by the Committee and considered by the Board, and the conclusions based upon them are entitled to respect as the result of a thorough investigation. Taking separately (1) the courses open to freshmen and (2-5) the four mutually exclusive groups in which (2) freshmen, (3) sophomores, (4) juniors, and (5) seniors are the most numerous class, the following results were obtained:

Group

Second term, 1907-8

First Term, 1908-09

1 Open to freshmen....16% upperclassmen 14.1% upperclass 2 Freshmen predominate 15% upperclassmen 11.9% upperclass 3 Sophomores

40% upperclassmen 33.7% upperclass 4 Juniors

24% underclassmen 18.7% underclass 5 Seniors

20% underclassmen 15.3% underclass

An inspection of the detailed figures (not given here) shows further that the greater part of the mixing reflected in the foregoing table is due to two sorts of courses. Typical of the first sort is the so-called "third year" in French or German. This is taken with equal propriety by freshmen who have passed the advanced requirement at entrance, by sophomores who have passed the elementary requirement and had the second year in College, and by juniors who began the language at Cornell. Analytical Geometry and Calculus likewise are sophomore courses for many Arts students, but freshmen courses for those who present the major mathematical requirements at entrance. The other chief sort of mixed course is introductorý to some one of the great disciplines not taught, or frequently not studied, in the preparatory schools --chemistry, physics, botany, and especially geology, physical geography, elementary economics, and general ethics. It is scarcely possible that a student should begin all of these subjects, besides continuing his languages, etc., in his underclass years. In many cases it is probably undesirable that he should do so. In fact some students postpone one elementary course until junior year, some another. These courses thus become quite mixed. A third group of mixed courses is found in the Departments of Oratory and Music, but the number of students here involved is not sufficient to produce any significant effect upon the total figures.

The meaning of these considerations for the Committee's problem may be illustrated by examining group 3 of the foregoing table courses in which sophomores predominate. The percentage of upperclassmen in that group was 33.7. After the elimination from it of the courses mentioned in the preceding paragraph, the percentage of upperclassmen in the residue falls to 24.1. If ,then, groups 1, 2, and 3 are regarded as characteristically underclass courses, and groups 4 and 5 as upperclass courses, it will appear that while there is no formal exclusion of underclassmen (except freshmen) from upperclass courses, or vice versa, there is at present a strong tendency for upperclassmen and underclassmen to separate themselves, the proportion of the presumably foreign element in four of the five groups being, by the more accurate of the two analyses, from about one-eighth to less than one-fifth of the whole. This is in part due to the requirement, in most advanced courses, of various elementary courses as prerequisite. Underclassmen, in general, are thus auto- . matically excluded from such advanced courses, and the students are sorted by the true educational criterion of their preparation, not by formal criterion of their seniority. To exclude upperclassmen, as such, from all underclass courses (whatever those may be) would either prevent upperclassmen from taking up subjects that they might need for future, perhaps graduate, work, or would involve much duplication of instruction.

The Committee, having these facts in mind, summed up its conclusions in the following report, which, after explanation and consideration, was adopted by the whole Board:

"It is the opinion of the Committee, (1) That the state of affairs shown by this report indicates a natural condition in a University in which an elective system exists. (2) That the ratios, however, are probably a little higher than need be, and could therefore probably with safety be reduced a few points; but to reduce them to the vanishing point would not be consistent with our present elective system. For example, the University ought never to exclude from beginning language any students who desired to take such work; nor, similarly, should it exclude from advanced classes those underclassmen who, in a certain subject, possess unusual qualifications. It is difficult, however, to generalize for all subjects. The Committee believes there are subjects in which age and general experience serve as an equivalent for specific preparation—for instance, philosophy, history, literature; and other subjects in which no amount of general experience serves as a preparation for advanced courses for example, mathematics, languages, science. (3) That the desirable minimum above alluded to could probably be reached through the establishment within the several departments of a more carefully graded curriculum; and (4) That one of the means toward such gradation might be found in reducing the amount of credit given to

upperclassmen in underclass courses, save especially in such courses as languages, in which the older student is naturally at some disadvantage."

Besides adopting the foregoing report, the Board voted that a freshman, who wished to register for a course not in the authorized list, must secure its permission as well as that of the teacher in charge of the course. This requirement may work out to diminish the number, already small, of freshmen who are taking upperclass courses.

Throughout the year the cordial cooperation of the members of the several committees and the uniform considerateness of my colleagues in the Faculty have greatly lightened the burden of unaccustomed duties.

Respectfully submitted,

CHARLES H. Hull, Dean of the Faculty of Arts and Sciences.

APPENDIX IV

REPORT OF THE DIRECTOR OF THE COLLEGE OF LAW

To the President of the University:

Sir :- I have the honor to submit the report of the College of Law for the academic year 1908-1909.

Mr. F. D. Colson, Instructor in Procedure, after eight years of devoted and efficient service on the instructing staff of the College, resigned to accept the office of Law Librarian of the State Library, his resignation taking effect at the Thanksgiving recess. Mr. Charles Tracey Stagg, LL.B., 1902, was appointed to succeed him as Instructor and has since been appointed Assistant Professor of Law. Mr. Stagg took up the courses in Bills and Notes and Probate Law at the points where Mr. Colson left them, and carried them to completion. During the second term he has conducted the courses in Mortgages and Procedural Papers. The course in Brief-Making, formerly conducted by Mr. Colson, was continued until the end of the first term by the librarian, Mr. Fraser, who volunteered his services in that behalf. While the work under his direction was of a highly satisfactory character, it was not deemed just to request him to pursue it during the second term and the course was therefore dropped for the second half-year. Mr. Roger W. Cooley, of St. Paul, Minn.,

however, gave in the second term a brief course in Legal Research which in measure supplied the place of the course in Brief-Making.

Judge Gunnison finding that he would be unable to return from Alaska to give the course in Bankruptcy, Mr. William H. Hotchkiss, who so successfully conducted the course last year, was appointed to give it this year, but his duties as Superintendent of Insurance precluded him from coming to Ithaca until too late in the term, and that course has accordingly not been offered. With the exceptions noted all the announced courses have been regularly conducted.

During the coming academic year, Assistant Professor Stagg will conduct the courses in Brief-Making, Probate Law, Procedural Papers, Bills and Notes, and Mortgages, the course in Conveyancing formerly given by Mr. Colson having been taken by Professor Finch. The course in Municipal Corporations and Public Offices will be given for the first time to the seniors, by Professor Hayes. Suretyship, heretofore a junior course, will be given to the seniors, and Partnership, heretofore a senior course will become a part of the junior curriculum.. This change has been made in order that the study of Suretyship shall be preceded by the courses in Equity Jurisdiction and Bills and Notes, subjects upon which the law of suretyship largely depends.

The registration in the College for the past ten years is shown by the following table: Year

Seniors Juniors 4 Year 2 4 Year 13 Year 1 Special Tota)

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Owing to the increase in numbers of students in the four-year course they have been separated from the three-year students for the first time in the above table. Formerly all first-year students were grouped in one class, and four-year students in both the second and third years of their course were classed as Juniors. The figures for 1908-1909 under the old classification would be, Seniors 48, Juniors 73, First Year 100.

In addition to the students in the College of Law instruction has been given to 29 students from other departments of the University, making the total number of students receiving instruction in law

256.

Of the regular law students 74 come from outside the State of New York. Last year there were 63, in 1906–1907, 62, in

19051906, 57

The number of students in attendance at this time, May 1, is 201. Of the 26 registered but no longer in attendance, 2 transferred to other Colleges of the University, 9 voluntarily withdrew, and 15 were dropped for failure in or neglect of work.

Of the 75 students pursuing the first year of the three-year course (71 regular students and 4 specials), 2 have the A.B. degree and 22 others have had one or more years of college work. Pursuing the first-year law subjects there are also 15 four-year students in their second year, who have had substantially one year of work in Arts and Sciences. Add to these 29 students (all seniors) from other Colleges of the University, chiefly the College of Arts and Sciences, and 29 four-year students in their first year, we have a total of 148 taking all or a part of the first-year work. Of these, 68 have already had from one to four years of college work and 29 others will have had one year of Arts work before they pursue more than one law subject. This leaves only 57 of the 148 to complete their law course without the foundation of from one to four years of college study.

The desirability of requiring at least a year of college work as preparation for the study of law has been emphasized by the President on several occasions and has been referred to in previous reports of the Director. Referring to the change made in 1907 in the fouryear curriculum, whereby that course was designed to afford a year of Arts work prior to any great amount of professional study, it was said in the Director's report for 1906–1907, p. xlvii, “It is expected that the result of this change will aid in determining whether a similar course should be exacted from all students entering the College without previous collegiate work." At the January examinations in 1909, the four-year students pursuing first-year law subjects maintained an average grade 7 'a per cent. above that of the threeyear students.

The desirability of a requirement of one year at least of college studies, indeed its necessity if a high standard of efficiency is to be maintained, was thus made more clearly manifest. In January, accordingly, the Faculty adopted a resolution recommending that “After the academic year, 1910-1911, without changing the

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