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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. I 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 Woop: 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. McNULTA: 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 subject, he recommended its passage, it passed the State Senate of Illinois
and failed in the lower house by a small number of votes. The difficulty was largely from the fact that the members of the legislature seemed to be impressed with the idea that this negotiable instruments law was the offspring of the Banking Association of the United States, and they did not fully appreciate that the legal profession of the country were in favor of that measure. I have thought, although this body has approved of that measure at a former session, that this bill should be published in our proceedings so that every lawyer in the State, especially every lawyer connected with this Association may have an opportunity to give it consideration before the next session of the Legislature. At a proper time I shall make such a motion,
Mr. L. C. Krauthoff of Missouri, read a paper on "Malice as an Ingredient of a Civil Cause of Action." The various committees made reports which were freely and fully discussed. In this connection I will say that the questions that have been discussed here this morning were fully discussed before the Bar Association, and a very able report was made upon the subject of the parole of prisoners, and action recommended along the line of the able paper that we have heard this morning from Mr. Snively. The American Bar Association has 1,496 members, of which 106 are from Illinois. Mr. Dent of Chicago, is a Vice President, Mr. Edwin Burritt Smith, a member of the General Council, and Mr. Raymond, President of the Patent Law Section. I will say, that for convenience the business of the American Bar Association has been placed in sections. The section upon Legal Education held numerous meetings, members from this State taking part in that meeting-Henry Wade Rogers, a member of our State Association, taking a leading part in the discussions and the determinations reached in those discussions were very similar to those reached by this Association and which have been enacted in the rules of our Supreme Court.
On the local council are Henry Wade Rogers, John H. Hamline, E. B. Sherman, Sigmund Zeisler, Edgar A. Bancroft, Robert Mather, James H. Raymond and Edward Harriman. The members from Illinois were wwerally recognized by appointment on standing committees and special committees. The officers for the current year are: President, Joseph H. Choate, of New York; Secretary, John Hinckley, of Baltimore; Treasurer, Francis Rawle, of Philadelphia, The next session of the Association will be held at Buffalo, New York, on August 28, 29 and 30, 1899, and the International Law Association will hold its conference at the same place on the three following days.
Mr. Moses: I move that the report be filed.
VICE PRESIDENT WOODS: Unless there is special action desired upon the report it will be filed and will appear in the proceedings of the meeting.
JUDGE GROSS: For information: This Association, I believe, is entitled to representation in that body, is it not, Major?
MR. ORENDORFF: Each state association has three delegates; that has been the custom, three delegates appointed by the President of the Association.
JUDGE Gross: I have forgotten whether our by-laws provide that the President shall appoint such representatives.
MR. ORENDORFF: He has, heretofore.
JUDGE GROSS: If it does not, I will move that he be directed to make such appointment. How is that, Mr. Matheny?
MR. ORENDORFF: I think the by-laws provide for it; I think that is the custom.
MR. MATHENY: The by-laws give the President power to appoint.
VICE PRESIDENT Wood: Is there any miscellaneous business?
MR. Moses: I desire to submit to this Association a memorial on a subject which is very dear to my heart, and I think to the legal profession of the United States; I desire your careful attention.
Memorial read as follows: On February 4, 1801, John Marshall took his seat in the Supreme Court of the United States as the third Chief Justice, on a commission signed by President John Adams, dated January 31, 1801. He sat in the court thirty-four years.
The 4th of February, 1901, will fall on Monday, and I propose, as a member of the bar, that the legal profession of the United States celebrate Monday, February 4, 1901, as "John Marshall Day,” in order to commemorate the great event which gave to the people of the United States the powerful mind of Marshall and harmony and strength to the great instrument, the Constitution of the United States.
This will likely be the first centennial day in the 20th century, and if the suggestion shall be adopted, the occasion will be the peacefully determined expression of the bench and bar of the United States, that constitutional government shall remain with us in its full unimpaired strength, in the 20th century and through the centuries to come.
The celebration of this day by the bench and bar of the United States will bring together the greatest assemblage of lawyers and judges which the world has ever witnessed and the dedication of the day will mark an event, unexampled in the history of English-speaking lawyers and judges.
It is proposed that the judicial department of the governments, both state and national, shall be the principal actor in this national celebration, and it is also suggested that the executive and legislative branches of the government shall participate.
John Marshall, for a brief time, was Secretary of State under President Adams and was one of the envoys sent to France. He was also a member of Congress. Hence it is most fitting that the executive as well as the legislative branches of the government shall participate.
It is proposed that an exalted meeting take place in the Supreme Court chambers of the United States at Washington, to which the President, the Vice President, the Speaker of the House, the members of the cabinet and other dignitaries be invited, on which occasion, by direction of the Chief Justice, the judicial life and character of Chief Justice Marshall shall be the principal theme of the orator.
It is further proposed that a like celebration take place in the joint houses of Congress.
It is further proposed that on said day of celebration, every court house in the United States shall be closed to secular business and that suitable ceremonies take place commemorative of the great national event.
The law schools in the United States, the universities and faculties of professors may also consider this day as their own so that constitutional knowledge and betterment of republican government may be advanced.
It is also proposed that on that day members of the bar shall be designated by boards of education to address the scholars of the public schools for the purpose of making the name of John Marshall a household word in the land.
In this manner the orators of the day will emphasize the great influence which Chief Justice Marshall has exercised upon the people and government of the United States, and the event must necessarily bring great and lasting results in its train.