PROCEEDINGS.

VICE PRESIDENT WOOD: All of it, except that which is referred to the

MR. SHERMAN: No, Mr. Chairman, it is all to be referred to the incoming committee, and the amendment as now accepted is that such portion as pertains to practice and procedure should be called to the attention of the Commission.

tion?

VICE PRESIDENT WOOD: Are you now ready for the ques

JUDGE THORNTON: The motion now is for the adoption of this report as a whole, or reference of it as a whole, of course that is an adoption of the report, the reference to the future Committee on Law Reform adopts everything in it. I favor all of this report except two sections, those are 12 and 13 on page 11. I therefore move a division so far at least as those two are concerned. Section 12, is getting too close to a code, in my opinion. I desire, as long as I practice law in this State at least, and I hope longer, that the distinction between law and chancery will always be kept up. If you pass a law adopting this provision it would be something like a lawyer in Mississippi said-down there, under the code, they begin an action upon a promissory note and end with an indictment for horse stealing. Preserve the distinction between chancery and law.. Have a law such as proposed here, and what is the effect of it? If a man commences a suit in chancery and desires to proceed at law the court would necessarily make him pay the costs and it is better to preserve the distinction and dismiss his suit whether at law or chancery, and proceed rightfully, instead of a law such as this.

I oppose Section 13, I think it is unsafe and unwise to de part from the old common law for the sake of the liberty of the citizen and the man under indictment. With those two exceptions I approve the report and will most heartily vote for it and for any law to carry them into effect, but I hope those two sections will not be adopted.

PROCEEDINGS.

MR. J. S. STEVENS: I do not understand that an affirmative vote upon this motion is a vote approving or adopting the report, it is simply a receiving of it and a referring it to a committee to be appointed. Now if it is to be an adoption and an approval of the report I certainly, for one, am not ready to vote affirmatively because I have not had time to examine the provisions, in the hasty examination I have made. There are some of them that could not meet with my approval, and I therefore do not want to be understood as voting to approve this report, but I am in favor of the motion as made, which I understand to be an acceptance of this report and the reference of it to a committee to be appointed, nothing more. If I am right, I shall vote in the affirmative. If it is what Judge Thornton says, an adoption of the report, I am not in favor of it, and I hardly think this Association at the present time is in a position to vote unreservedly for all of the propositions as made in this report. I certainly would not be willing to do so without further consideration and discussion.

MR. SHERMAN: I rise simply to ask the ruling of the Chair upon the proposition as to whether the motion to re refer to a committee was in any way to be considered as an adoption. I heartily agree with the view taken by the gentleman who has just spoken, and if the Chair will so rule it will dispose of the present difficulty which Judge Thornton has just now suggested.

MR. HAMILTON: The motion as made, I understand, does not carry any recommendation whatever with it-does not recommend that a reference be made with the approval of this body, but merely that it be referred for the consideration of that committee. I think unquestionably, and with all due deference that Judge Thornton is not right.

GEN. ORENDORFF: The difficulty in this matter seems to me to arise with the amendment proposed by my friend, Mr. Sherman. While this is a reference to an incoming committee and carries with it no adoption of the propositions contained

PROCEEDINGS.

yet the amendment requires that the matters, so far as relate to the practice shall be referred, and the attention of the new Commission shall be called to them. Now does not the calling of the attention of the new Commission to these propositions, as to amendments to the practice act, carry with it, to a certain extent at least, an adoption or an approval of the report. If upon information it is qualified, or in any manner it is ruled that it does not meet with the approval of this Association, I think we might properly vote upon it without giving our approval, but as the motion now stands, to refer it to the incoming committee with instructions to that committee to call the attention of the Practice Commission to these provisions, it seems to me it would be idle to call their attention to those provisions unless we propose to recommend those provisions, or at least to call their attention to them in such a manner that it might be known that they did or did not go with our approval. I suggest that Judge Sherman's proposition if amended so that we should call their attention to them merely for information, would not amount to an approval.

MR. SHERMAN: I simply want to explain, if you will permit it. It was not my intention, in making the amendment I did, and I am sure it was not the intention of Mr. Gregory in accepting it, that these matters should go to that Commission with the endorsement or approval of this Association, express or implied, but simply for information or suggestion, so that the topics might be considered by the Commission. Had I supposed that it would be so taken I should not have made the amendment. We are not prepared to act upon this matter, and I certainly did not so understand it.

MR. MOSES: What does the committee wish?

MR. PAGE: The attention which we give to the question of referring to this committee ought to be given, rather, to a discussion of some of these important matters that have been reported upon by the committee. We have got a whole book full of matters that are valuable and worthy of consideration.

PROCEEDINGS.

There is no place on this program for the consideration of these questions at this time. There is another meeting of this Association before the Legislature meets. I do not think it is wise for any committee to recommend to the Commission on Practice their ideas about what ought to be done without the concurrence of the Bar Association, and I therefore move an amendment to this whole thing, that it be referred to the Committee on Law Reform to be appointed, which shall report to the meeting next year, and that the committee on program for next year give a half day for the discussion of such questions as are reported by the Committee on Law Reform, so that it will give this body some time to consider those questions and to recommend advisedly, as they think proper.

JUDGE BRADWELL: There are certain leading ones that perhaps it would be well for this Association to express itself upon and give its opinion so that the commission that is to be appointed might know what the policy of the Bar Association is. In the first place are we in favor of the common law or are we in favor of the code? Are we in favor of the judiciary act? Now then if we say one of these three things that we are in favor of, the commission has the benefit of the opinion of this Association upon those things, and there are several things, very able bills in Mr. Moses' report which I think the Association should say whether they are in favor of or against, so that this Commission 'that is to be appointed and to act should have the benefit of the opinion of this Association. If it is in favor of the common law let it say so. If it is in favor of the code let it say so, and if it is in favor of the judiciary act, let it say so and let them have all the benefit of the opinion, that would be my idea.

MR. RIGGS: I move the previous question.

VICE PRESIDENT WOOD: Shall the main question be put? Contrary, no. The ayes have it and the main question is ordered. The first question is upon the motion made by Mr. Page, in the nature of a sub

All in favor of that will say aye.

PROCEEDINGS.

stitute, which is, that this report be referred to the incoming Committee on Law Reform, and that a half day be set apart at the next meeting of the Association to consider it. Are you ready for that question? All in favor say aye; all opposed, no. The ayes have it and the substitute is adopted. It is moved and seconded that we now adjourn until 2 o'clock P. M. Which motion was carried and an adjournment taken to 2 o'clock P. M.

AFTERNOON SESSION.

The Association reconvened at 2 o'clock P. M.

VICE PRESIDent Wood: As the chair does not know personally all the members of the Association, the request is made on my own account as well as on account of the reporter that gentlemen, when they rise to address the chair, will announce their names, after which they will be recognized. The Chair will announce, as the committee to examine the Secretary's report, Charles L. Capen, Julius Rosenthal and John J. Brown.

The committee to report on nominations for officers, W. L. Gross, James M. Taylor, Adolph Moses, E. B. Sherman and J. M. Riggs.

The first thing in order is the report of the Committee on Judicial Administration, by Mr. Scott. The Chair is informed that this committee is not ready to report at the present time, but will have its report in, in the morning. The next thing in order is an address on the Practice Commission, by the Hon. William L. Gross, of Springfield. I take great pleasure in introducing to the Association, Judge Gross.

(The address will be found in Part II.)

VICE PRESIDENT WOOD: The next thing in order is the consideration and discussion by the Association of the subject matter of the address just delivered.