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session and attend to the passage of the laws. I therefore move an amendment, that it be the duty of the Committee on Law Reform, or a certain number of them after preparing the bills, to attend the session of the Legislature and urge the passage of the bills.

JUDGE BRADWELL: I fully agree with what Judge Thornton has so ably said. Now this report embraces very many important subjects, and you may resolute till the cows come home and it don't do any good unless you carry it further by presenting these matters to the Legislature by a committee of gentlemen who will go and see to them and call their attention to them and watch them. I remember of going with the gentlemen of the committee to the Supreme Court in regard to this Appellate Court bill, and of course the Supreme Court judges were very anxious that it should pass, and they said they couldn't express any opinion by which they would be bound as judges of the Supreme Court, but as individuals they would hear what the committee had to say, and all but one did not express any decided opinion about the con stitutionality of the bill, but Judge Walker said he had no question at all but that the bill was constitutional. And when the matter came up, if my memory serves me right, Judge Walker was the only man who was in favor of holding it unconstitutional, and he did; that is my recollection. am correct, am I not, Judge Thornton?

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JUDGE BRADWELL: And he had no doubt, in conference, when we met with him, that it was perfectly constitutional. You connot get any legislation except it is called personally to the attention of the Legislature. You must have a good, efficient committee, not only one who will prepare the bills, as these are prepared, but go and watch them read in and read out during the session and be there to see that they go · through, if you don't, you might just as well take and publish them in the proceedings and lock them up in the closet.

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MR. GREGORY: It seems to me, while I agree with much that Judge Thornton and Judge Bradwell have said, that this motion is possibly premature. The Association has not yet expressed its concurrence in the report of the committee.

JUDGE BRADWELL: That is right.

MR. GREGORY: And is not now endorsing these bills. We have not yet reached the point where we officially or as a body say that we believe them to be desirable. That not being done it seems to me premature to charge upon some particular committee the duty of seeing that the Legislature supports them. The idea of the committee was that they should go to the next committee and then come back here for consideration. As to Mr. Rosenthal's suggestion, I do not understand that because this is referred to the committee now to be appointed we are thereby prevented from taking action upon any of the particular matters independently of the committee.

JUDGE BRADWELL:

If I may be permitted to say one thing, as I understand it, these bills and these resolutions of the committee should be taken up by this Association and carefully considered and discussed and such as the Association approves they should adopt and recommend, and then let them go to the committee, and they will go with the strength of the Association, and so would it not be well, Mr. Gregory, to discuss these now and adopt or reject them according to the will of the Association?

JUDGE THORNTON: I will withdraw the amendment until the report is adopted. I think upon the suggestion made the report ought to be adopted first and the Association ascertain whether all of these recommendations will be favored by it or not before the committee is instructed to do anything. I will withdraw the amendment at the present time and offer it in the future.

MR. SHERMAN: Inasmuch as there is no session of the Legislature until after the next session of this body, it seems

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to me that the appointment of a committee on legislation is premature and should be left until the next session. There is another suggestion that I desire to make in respect to this and which I will do by way of amendment: That in addition to the reference to the incoming Committee on Law Reform the matters contained in the report of this committee pertain ing to practice, and such as are contemplated to be passed upon by the commission, one member of which is to be ap pointed by this body, we also refer to the commission, and that the member of the Commission to be appointed by this Association be charged with the duty of bringing to the attention of the Commission when it shall organize, such mat ters contained in this report as come within the purview of that Commission.

MR. MOSES: We have said in this report that we do not ask any action in reference to these recommendations because, first, there will be no legislative session next year. Some of the matters are quite complicated and need reading by members of the Association and it was thought that after they had read them, either in this report as now presented, or in a final report when it reaches the members, they will have become acquainted with the subject matter so as to be able to debate these proposed laws next year, and when we meet again in July we will all be prepared to have something to say on the subject, better perhaps than now, although personally if I had any choice on the subject I should like to have the debate on some of these matters, because our Bar Association may wither away by inaction, and there is no life to them to meet to hear a certain series of papers read without any discussion. I wish also to say, while I am up, that some attempt has been made, as suggested by Judge Thornton, to interest members of the Legislature. I wish to disabuse the minds of some of the parties here of the idea that nothing has been done. Gen. Orendorff, to my knowledge, has acted most vigorously with members of the Legislature, presented bill

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after bill, and has seen committees; letters have been written by myself and others to the members of the House and of the Senate. It must be remembered that it is no reflection upon this committee that none of their recommendations were adopted because but one bill was adopted by the Legislature as I have pointed out here. Attempts of the most worthy character have been declined. The Legislature didn't even act upon the subject of trusts and monopolies. They enacted a great many boards, new offices were created and that is about all that has been done. So I think that the motion which I have seconded, of Mr. Gregory, should prevail, par ticularly since it does not prevent any member of this assembly from calling up any particular measure and having it specially debated.

VICE PRESIDENT WOOD: The question is on the adoption of the motion to refer, made by Mr. Gregory, the amendment of Judge Thornton having been withdrawn without objection Are you ready for the question?

MR. SHERMAN: Mr. President, I offered an amendment, in substance that the attention of the Practice Commission to be appointed, be also called to the subject matter of this report, and that the member of the Commission to be appointed by this body be charged with the duty of presenting the matters to the Commission when it shall be organized. I presume that that will be accepted.

MR. HAMILTON: I think that amendment is very good and should prevail. If I may be pardoned a word, I have personal knowledge, from my service in the last Senate, of the very able and earnest work that has been done personally by the chairman of this committee, and I desire personally to say that it is not any reflection upon the chairman of this committee or the members that no more of their recommendations were enacted into laws. It is, of course, a matter of well known history that many hundreds of bills are introduced in both branches of the General Assembly of this State at every

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session of the Legislature, but they never escape the scrutiny of the various committees to which they are referred. I think it would be inopportune to appoint a committee on legislation at this time, owing to the reasons already urged, namely, that there is to be another session of this body before there will be a regular session of the Legislature. I do think, however, that when the committee is formulated it would be very wise for them to bear in mind that the chairmen of the various committees to which bills are referred are not the only ones with whom communication should be had looking toward the favorable consideration by the Legislature.

Bills that are prepared by this Association, or are endorsed by them are usually sent to the Judiciary Committee of the Senate and House and if, upon appointment, the members of this Association should appear before those committees and carefully explain the object and scope of the various bills they would have very many more friends upon the floor of the House and upon the floor of the Senate, and would accomplish a great deal more than merely to draft an excel lent bill and perhaps owing to the fact that there is no one there to sponser it, no one to explain its admirable features, it is lost in the shuffle, if you will pardon the language.

MR. GREGORY: With the consent of the Association ! will accept Mr. Sherman's amendment.

VICE PRESIDENT WOOD: Gentlemen, you have heard the amendment of Mr. Sherman which, as the chair understands, is that that portion of the report in regard to the course of prac tice and procedure be referred to the Commission.

MR. SHERMAN: The amendment is accepted by the

mover.

VICE PRESIDENT WOOD: Which would leave the condition of the motion by Mr. Gregory as I understand it, that all this report be referred to the incoming committee on Law Reform, except that referring to practice and procedure.

MR. SHERMAN: All of it.

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