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Company. He was president of the association; being short that number of shares it was of course to his interest to depress the value of that stock, and to depress it at the expense of the other stockholders. Such things ought not to be allowed. And then we ought to have fuller reports to the State and better supervision and more regulation, but all those things would aid us a great deal more than our endeavors, which have been fruitless, over and over again, in attempting to interfere with combination, where we have found that we can not do it. I wish to say a word more, and that is in reference to the constitutional restrictions to which Mr. Smith has referred in his able paper, and which Mr. Smith supposes will interfere with our having the legislation which we might have. The Supreme Court of the United States has only recently in the case of the St. Louis & Iron Mountain Railway, 173 United States, held that where the power is reserved in the law to amend the charter of a corporation, the State has the power to amend the charter in any respect and to any extent. It has also held in the recent Matthews case, 174 United States, and that simply follows some previous cases, that these various constitutional provisions will not interfere with the police powers of the State. That when it is necessary for the State to pass laws for the safety, health or comfort of its citizens, these restrictions do not apply. The Supreme Court of the United States also held that foreign cor. porations are not citizens within that section of the constitution that says that citizens of each state shall have the rights and privileges of every other state. So for the constitutional part of it we are not hampered if we want such legislation. But the important question to us at present is, do we want all these laws, all these restrictions, is it not better that we allow individuals to look out, to a certain extent, for their own wel. fare, to safeguard these as much as we possibly can, but not attempt, as we have been attempting to do impossible things.
MR. SHERMAN: I rise simply to move the thanks of the Association to Mr. Smith for the very able, thoughtful and suggestive paper which he has presented.
Which motion was seconded and carried.
VICE PRESIDENT Wood: The next in order is the report of the Necrologist, Judge Bradwell.
MR. MOSES: Before Judge Bradwell takes his place, let me offer a resolution.
VICE PRESIDENT Wood: While he is coming up the Chair will recognize Mr. Moses for the purpose of offering a resolution.
Resolution read as follows:
It is moved that a special committee of three be appointed by the Chair to take into consideration the rapid increase of the Supreme Court and Appellate Court Reports, and to act in the premises with a view of procuring, if possible, the enforcement of Rule 57 of the Supreme Court of Illinois, which permits the publication of a table of cases “directed not to be reported."
Said committee is also charged to confer with the various Appellate Courts of the State, and with the Reporter of the Supreme and Appellate Courts, for the purpose of inducing the Appellate Courts to adopt the practice not to cause to be published any decisions which have no general interest to the legal profession, and which interest only the respective parties to the litigation.
Said committee is requested to make a full report in the premises at the next meeting of this Association.
It was moved and seconded that the resolution be adopted, which motion was carried.
VICE PRESIDENT Wood: The Chair has omitted to call attention to the fact, at the request of the banquet committee, that at 7:30 to-night is the banquet, and that the committee have appointed a place, I think it is the next room to where we were in session this morning, and a very handsome and intelligent young lady is there who will issue the tickets for the banquet at a small consideration. The attention of the younger members of the Association is particularly called to this matter—and also the older ones.
MR. SHERMAN: No combination ?
Wood there will be a special train when the banquet is over back-I was going to say to the city but I believe we are in the city now, but back to the Park Row depot or up town. I will now call upon Judge Bradwell to present the report of the Necrologist.
The report will be found in Part II.
VICE PRESIDENT WOOD: The report of the Necrologist will be placed on file and published with the proceedings.
MR. MATHENY: I have received a letter from one of the old time members of the Association, which I will read. Letter read as follows:
PALO ALTO, CAL., JUNE 26, 1899. Hon. J. H. Matheny, Springfield, Il.
DEAR SIR: Your notice of the meeting of the Illinois State Bar Association received, the same having been forwarded to me from Chicago. For several years past I have been physically unable to attend the sessions of the Association and now have removed to this state on account of my health. I have always felt a deep interest in the work undertaken by the bar-to secure good judges, good lawyers and improve the practice in Illinois. It has done much in that direction and will do more in the future.
Judge Bradwell, C. C. Bonney, E. B. Sherman and myself went from Chicago to Springfield to assist in the organization of the Association at its first meeting. I regret exceedingly that I have been and still am, unable to meet with my legal brethren who are now so successfully carrying on the work then begun.
H. F. VALLETTE.
MR. MATHENY: I have received a reply to the telegram sent on yesterday. to the Colorado Bar Association and will read it:
COLORADO SPRINGS, COLO., JULY 7, 1899. James H. Matheny, Secretary Illinois State Bar Association:
The Colorado Bar Association in meeting assembled thanks the Illinois State Bar Association for its greeting and sends a like one to it.
LUCIUS W. HOYT,
MR. MOSES: Do we elect a Necrologist, if so I wish to move that Judge Bradwell be continued in his office.
MR. MATHENY: He has sometimes been elected and some times appointed by the Chairman.
JUDGE Gross: I think, Mr. Moses, that he is usually appointed by the President along with the committees.
MR. MATHENY: That is the by-law now.
VICE PRESIDENT Wood: The Secretary informs me that under the by-laws he is appointed. What is the further pleasure of the Association ?
MR. GREGORY: I move that the thanks of the Association be presented to the retiring officers for their valuable and efficient services during the last year.
Which motion was seconded and carried.
JUDGE Gross: If there is no further business before the Association, Mr. President, I move you sir, that a recess be taken until the hour for the convening of the banquet.
VICE PRESIDENT WOOD: Before the motion is put the Chair desires again to express thanks for the kind consideration and assistance which the members of the Association have given in the conduct of the proceedings.
JUDGE GROSS: Mr. President, pardon me for interrupting again, but I believe it is your duty as the newly elected Presi. dent of the Association to announce your standing committees during this session of the Association. That is right, is it not, Mr. Secretary? MR. MATHENY:
Yes, sir. VICE PRESIDENT Wood: The Chair will endeavor to do that before the meeting of the Association is over, supposing that the banquet is a part and parcel of the meeting, and will leave them with the Secretary, and the Secretary will be in. structed to notify the gentlemen selected. The Chair has not yet made up the committees but will endeavor to do so.
Whereupon a recess was taken to 7:30 P. M.
RECEPTION AND BANQUET. The usual reception and banquet were given by the Association at the Chicago Beach Hotel, on Friday evening, July 7th, and were in charge of the following committees:
EUGENE E. PRUSSING,
FRANK H. Scott,
Roy O. WEST, JOHN S. MILLER,
EDGAR A. BANCROFT, FRANK O. LOWDEN,
GEORGE T. PAGE, THOMAS B. MARSTON,
HOWARD L. SMITH, HENRY S. TOWLE,
F. S. HEBARD, ANGELO S. CELLA,
E. R. Bliss, CHARLES H. ALDRICH,
CHARLES S. DENEEN, JOHN BARTON PAYNE,
JESSE A. BALDWIN, GEORGE W. MILLER,
ROBERT MCMURDY, ALFRED ORENDORFF,
CHARLES M. WALKER, GEORGE E. Foss,
N. W. BRANSON, OLIVER A. HARKER,
EPHRAIM BANNING, WILLIAM S. FORREST,
GEORGE W. WALL, THOMAS A. MORAN,
FREDERICK M. GRANT, E. H. GARY,
ISAAC M. HAMILTON, WILLIAM C. BOYDEN,
THOMAS J. HOLMES, W. G. EWING,
ARTHUR J. EDDY, ADOLPH MOSES,
BLUFORD WILSON, John M. HARLAN,
WILLIAM D. FULLERTON,
The reception was followed at 8 o'clock by a banquet, which was held in the large reception room of the hotel. About two hundred persons attended, many of whom were ladies. Mrs. John A. Logan was a guest of honor of the occasion. Judge Benson Wood, the newly elected President, acted as toastmaster.