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own districts, therefore, if we have judges enough we can get along as we are now, if we have simply judges to do the work. I quite agree with the statement that has been made that there is hardly a difference of opinion among the members of the bar who practice in the Federal Courts, that there ought to be amendments in the law fixing the jurisdiction, and substantially all agree that there should be but one nisi prius court with judges to hold that court, and one court of appeals with judges specially appointed for that purpose, but we want judges now, not jurisdictions, therefore, I think if any action is taken upon the other matter, on the question of jurisdiction, in accord with the American Bar Association, of which I had been informed—I did not know, however, how far they had gone with their bill-I think it ought to be a separate action. Our senators and members of congress are well up to the necessities of giving judges, they are working and willing to work, and if they give us judges to do the work they can get the jurisdiction afterwards, fix it where we want it, therefore I would request that we accept the suggestion, that Mr. Moses draw his resolution and let that be taken care of by an independent committee wholly on that subject.
Mr. Bond: I agree with Gen. McNulta that the two questions should be kept separate; but supposing the bill proposed by the American Bar Association, which is a very good one, should fail? As the General says, we still need the judges; do not let them go down together. Now in the State of Virginia, which has about the population and perhaps one-tenth the commercial business of the county of Cook, there are three district judges; here we have but one for the whole northern district; while the southern division has been cut off the northern district of Illinois, they do not allow us a judge for that division; there should be a judge for that division and there should be an additional one for this district, giving the State of Illinois four district judges, and there will be enough business to keep all of them actively at work, and so, I think
we should have one more for this district, and if possible, one for the Peoria division, so that they may all work better and it can be kept up, and then we can do our work on abolishing the circuit court.
JUDGE Gross: The various suggestions that have been made are capable of being perfectly harmonized. My sug. gestion was that Mr. Moses, if he will formulate a resolution, the effect of which shall be, if it receives the approval of this Association, to place us in harmony upon the general proposition with the American Bar Association. I still insist, Mr. President, that the suggestion made is of the very greatest moment and deserves, I will venture to say now—although this whole discussion is out of order—that it ought and undoubtedly will receive the assent of this Association. Now the further suggestion made by Gen. McNulta is that these matters should be kept separate; that there is a present pressing necessity for further judicial force here in this district; that is undoubtedly true, known to all of us. The two can go hand in hand, one may succeed, the other fail. Let us play both cards. MR. SHERMAN:
But not together. JUDGE Gross: The committee, if I am correctly informed, did not present us any resolution for action, no specific recommendation. Might I not then with perfect propriety suggest to you that you present us a resolution and permit us to discuss it and act upon it, then if this Association has any viril. ity, any vitality, any force, any influence to exert, it may be exerted in the direction in which our judgment points.
GEN. McNulta: My view upon that question is that we gain strength by concentration of whatever power we have, and if the committee, of which I have the honor to be a member divides its force and covers more field, we weaken ourselves. We have got enough to do to get judges, we think we can do that, or we think the committee will be appointed in our place, as our term expires, will accomplish that in act
ing with our senators and members of Congress, but it would be an element of weakness for us to undertake anything else, therefore, I think it is better that the other plan be taken, that Mr. Moses introduce a resolution and let this Association appoint another committee to act in concert with the American Bar Association upon the question of jurisdiction. That may be long delayed, it is a broad question, it covers the whole country, everybody is interested in it, and there is divergence of opinion in different parts of the country. There is no difference of opinion upon the necessity for more judges in Illinois; we can get them, if at all, at the next session of Congress, while the jurisdiction question may be debated for several sessions of Congress, and once we get the judges we can get along, therefore I think we had better keep the power of the one committee on judges solely down to that point.
VICE PRESIDENT Wood: Gentleman, this is the report of a special committee, made by its Chairman, Gen. MeNulta. As the Chair understands, unless some action should be desired it would go to the Secretary and appear in the report of the proceedings, and the committee would expire with this meeting, and unless a motion is made to take some action on the report it will go to the Secretary and be placed on file.
JUDGE Gross: I move you that that committee be continued during the remaining hours of this session and that it be requested to supplement its present report by a resolution embodying the force its observations.
Which motion was seconded.
GEN. MONULTA: Before you pass on that: That calls upon this committee to ask for a continuance of its own existence.
JUDGE Gross: Only for a few hours.
GEN. MONULTA: If this Association wants this committee continued and for the committee to continue its work, is it not for this Association to say so?
JUDGE Gross: That is what I moved.
GEN. McNULTA: A simple motion from any member of the Association that the report be received and the committee be continued is all that is required, there is no recommendation, especially, in that report.
JUDGE GROSS: That is what we want.
Gen. McNULTA: We state what the possibilities are for the future, what the drift of opinion is upon this legislation; there is a probability that we can get two district judges. do not want to get mixed up in this other matter.
JUDGE Gross: Bring in a resolution in accordance with your view, and let us act on it.
GEN. McNULTA: If the views presented in that report are acceptable, accept them and have that committee continued, and I think probably the committee will work if you desire, but the committee does not want to come in and ask to be continued in their job.
MR. SHERMAN: Mr. Chairman: The committee have not asked it; the Association was trying to ask the committee to continue, and I do not think the committee ought to be so thinskinned as it appears to be.
MR. STEVENS: Mr. Chairman: I move as an amendment to the motion that the committee which has just reported be continued in existence and instructed by this Association to proceed in its efforts to secure additional district judges for this circuit. (Applause).
Mr. Moses: I second the motion.
JUDGE Gross: It is accepted, Mr. President, the amendment is accepted.
Vice PRESIDENT WOOD: The amendment to the original motion is accepted, are you ready for the question on the motion as amended? As many as are in favor say aye. The ayes have it and the motion as amended is adopted.
Mr. Bond: Now Mr. Chairman, what have we done with the resolution requesting Mr. Moses to prepare a resolution?
VICE PRESIDENT Wood: The Chair did not understand that that motion had been made as yet, it was a mere suggestion.
JUDGE Gross: It was only a suggestion which Mr. Moses accepted by nodding his head.
Mr. Bond: That is all right, but I think it is wise, we want judges for Illinois, but we want the other for the United States.
GEN. MONULTA: Take care of Illinois first, we will take care of the other soon enough.
VICE PRESIDENT Wood: The next is the supplemental report of the Committee on Memorial to the Supreme Court on Admissions to the Bar; is that committee ready to report? If not, the next is the Report of Delegates to the American Bar Association; the Chair will recognize Mr. Orendorff.
The report read as follows:
The twenty-first annual meeting of the American Bar Association was held at Saratoga Springs, New York, August 17, 18 and 19, 1898. Hon. William Wirt Howe, of Louisiana, the President of the Association, presided, and in the absence of Captain Hinckley, then in the military service of the country, Mr. George P. Wanty, of Michigan, served as Secretary pro tem. The address of the President was largely devoted to a review of current federal and state legislation. The annual address was delivered by Hon. Joseph H. Choate, on the subject of "Trial by Jury,” and was an eloquent plea for the preservation in its integrity, of the present right of trial by jury, under which no man can be deprived of life or liberty by the sentence of a court until his guilt has been proven beyond all reasonable doubt to the unanimous satisfaction of twelve of his fellow citizens, and no man can lose reputation or property by judgment of a court until by a clear preponderance of evidence his right to it has been disproved before a similar tribunal.
Hon. Lyman D, Brewster, of Connecticut, delivered an address on "Uniform State Laws." In that connection I will say that the reports there showed that the uniform negotiable instruments law had been passed by fifteen of the states, that both houses of Congress have adopted it and that the largest and most important cities of the country with the exception of Chicago, have come under the jurisdiction of that law. A bili was presented to the Governor of this State upon that sub. ject, he recommended its passage, it passed the State Senate of Illinois