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The powerful and of the secular and legal press towards this movement will not be undervalued.
In order to give effect to this idea, it is proposed to present a suitable memorial to the American Bar Association at its next August session at Buffalo, accompanied with proper resolutions to the effect that the American Bar Association appoint a special committee representing all the states and territories, to take charge of this subject and work out a plan of celebration for submission to the organized body of the bench and bar and other public bodies in the United States.
It is also proposed that such committee appoint an editor or a number of euitors to prepare a commemorative volume which besides biographical data of the Chief Justice, will largely deal with his constitutional opinions, in order that their influence may be widened throughout the non-professional world.
It is proposed to interest in this matter eminent judges, statesmen and lawyers who may be induced to endorse the idea, herein suggested, before it is finally submitted for action to the American Bar Association.
These are merely the outlines of the thought which has lately come to me and which may be extended in all reasonable directions. The proposition is in my judgment a feasible one and will be a profound appeal to the intelligence and patriotism, of the bench and bar of the l'nited States, to whom these outlines are respectfully submitted by an ardent admirer of Chief Justice Marshall and the far-reaching work which he did for the people of the United States.
GEN. BLACK: Mr. Moses, have you made any motion in regard to that memorial?
Mr. Moses: I have not, but I hope that you will.
GEN. BLACK: I move, Mr. Chairman, that the memorial as presented be received and recorded, and that the delegates from this Association hereafter to be named to the American Bar Association, be instructed to present this memorial, either in form or in substance, to the American Bar Association, as an expression of the sentiment and desire as to the anniversary celebration of the Illinois State Bar Association.
JUDGE GROSS: I second the motion.
VICE PRESIDENT Wood: The Chair will remind members of the Association that owing to the banquet it is desirable that the session should be somewhat brief this after
noon, that banquet being held, as I understand, in this room. If it is the desire of the Association to recommend to the Gor. ernor some member of the Bar Association to serve upon the practice commission, that must be done by a vote of the Association, the Chair would have no authority during vacation to make any such appointment. We are now in Miscellaneous Business and that or any other business of a mis. cellaneous character is in order. MR. ORENDORFF:
I move that the Chair be authorized to recommend a member of that commission during vacation.
GEN. BLACK: I move an amendment.
MR. ORENDORFF: I will withdraw the proposition if any rights will be
GEN. BLACK: I was going to move an amendment. I move that Hon. William L. Gross be named by this Association as a member of the commission which he has so well disavowed.
Which motion was seconded.
JUDGE GROSS: I have taken occasion to speak of that commission in language which ought to be withdrawn before I could accept any such nomination, and which language I am not prepared to withdraw. Gentlemen, I must respect. fully decline your nomination.
MR. ORENDORFF: I will renew my motion that the President and the Executive Committee appoint a member for that position.
VICE PRESIDENT Wood: The Chair desires to suggest to the mover of that motion, as a matter of delicacy to himself and also as to whether it would be in order: The language of the joint resolution is that he should be recommended by this Association, and I would rather the power would not
be delegated to the Chair, even if the Association could delegate that power, of which I have very grave doubt.
MR. MOSES: The power may be divided with the Executive Committee.
GEN. BLACK: In favor of the motion which I have made and which was seconded, and which is the motion before the assembly, I want to say that nothing in the world that Judge Gross said yesterday in any way tends to disqualify him for the most upright and downright performance of the duties of that position. He is like a steam pilot, he knows every shallow and every depth and every twist and turn in the channel, and what he does not know about compiling laws is something that has not, as yet, been discovered. Now it is a hardship, possibly, to perform the duties without compensation, but he is right there at the State Capitol, he has already attended to one admirable compilation, he has studied the situation until he knows it completely, he would be a most admirable man to represent this Association in that work, and I therefore insist upon a vote upon my proposition.
JUDGE TULEY: It appears to me that the business we are engaged upon now is one of vast importance to the profession in this state and to the people of this state. I have debated in my own mind whether it would not be advisable for this Association to decline or refuse to appoint a member of that commission. Certainly if one is appointed by
. this Association, in my opinion it should be a man, a member of the bar, who is determined, and who has opinions in regard to the practice of this state, who is well known, and known to be opposed to anything like a code practice. (Applause). I fear that this is merely an initial effort in a movement to establish a code practice in the State of Illinois, and I know of no greater calamity that could befall the profession or the people of the State of Illinois. (Applause). I believe that 95 per cent of the profession is well satisfied with the method of practice now prevailing in this State. Of course that may
be amended, but there should be no code adopted. I know of no codes that do not start out with the proposition that all distinction in practice between law and equity should be abolished. I know of no code practice which has succeeded in abolishing the distinction between law and equity, and in the state of New York, after a trial of thirty or forty years
MR. Moses: Fifty years.
JUDGE TULEY: -fifty years they have been unable to carry into effect that provision. The common law practice may be said to be the perfection of wisdom. No code has ever yet been a good substitute for it. The number of practice decisions we find in the State of New York in its fifty years of practice outnumber all practice decisions that have been made from time immemorial under the common law system. More practice decisions reported in that one state, and there is more confusion now existing in the practice in the State of New York than ever was found at common law under its system. I therefore hope that whoever is selected, he may be a man who will contend from the beginning to the end against the adoption of any code system of practice. (Applause).
VICE PRESIDENT Wood: Let the Chair state the question: The motion made by Gen. Black, which has been seconded, is that Judge William L. Gross be recommended as a member of the commission. If that motion is insisted upon the Chair must take it that the motion is before the house.
MR. STEVENS: I desire to move an amendment, that under the circumstances this Association deems it advisable not to name any member of that commission. (Applause). I will offer it as a substitute for that motion.
JUDGE Gross: I second the motion.
MR. LEE: I want to ask for information: What would be the effect of the vote of the Association,-I am not
familiar with the terms of this act, but I have the impression that unless this Association should perform the duty assigned under that act of appointing or recommending some one, that the whole commission would fail. I may be in error in this, and I should be glad if any gentleman present familiar with the act would post us about it, but before voting on this question I should like to know what would be the effect of this body refusing to recommend or appoint any one to serve on that commission?
MR. SHERMAN: It would be a bob-tailed flush.
MR. STEVENS: I understand that the commission would fail, and it really seems to me to be the duty of the Bar Association of this State to cause the failure of it under the circumstances (applause) and I am heartily in favor of doing it. If ever the matter comes to us in the proper form so that this Association can have some power and influence in the right direction, I may be in favor of it, but under the present circumstances it seems to me to be inadvisable to aid in any way that commission. It certainly never can accomplish any good work to be appointed, as it is, to perform its work gratuitiously, and I am in favor of enduring the ills we have instead of flying to others that we know not of, and certainly in view of the existing condition we may anticipate rather serious results even from the best commission, under the circumstances, that can be selected. While it is true that the
of the profession owe something to the public, the members of the profession have not so far had that influence in creating the laws and establishing the practice that they ought to have, and I believe the best thing we can do as an Association now is to decline to name a member of that commission and let it fall.
MR. CRATTY: But, Mr. Stevens, are you sure it will fall if this Association would not appoint a member?
MR. STEVENS: The commission will not be complete and I do not think the Governor will have any power to appoint