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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 Asso ciation 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 lwerally 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.

Respectfully submitted,



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. Ma. theny?

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 Marshalland 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 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 necessarlly bring great and lasting results in its train.


The powerful aid of the secular and legal press towards this movement will not be undervalued.

In order to give effect to this idea, it is proposed to present a suitable memorial to the American Bar Association at its next August session at Buffalo, accompanied with proper resolutions to the effect that the American Bar Association appoint a special committee representing all the states and territories, to take charge of this subject and work out a plan of celebration for submission to the organized body of the bench and bar and other public bodies in the United States.

It is also proposed that such committee appoint an editor or a number of euitors to prepare a commemorative volume which besides biographical data of the Chief Justice, will largely deal with his constitutional opinions, in order that their influence may be widened throughout the non-professional world.

It is proposed to interest in this matter eminent judges, statesmen and lawyers who may be induced to endorse the idea, herein suggested, before it is finally submitted for action to the American Bar Association.

These are merely the outlines of the thought which has lately come to me and which may be extended in all reasonable directions. The proposition is in my judgment a feasible one and will be a profound appeal to the intelligence and patriotism, of the bench and bar of the l'nited States, to whom these outlines are respectfully submitted by an ardent admirer of Chief Justice Marshall and the far-reaching work which he did for the people of the United States.

GEN. BLACK: Mr. Moses, have you made any motion in regard to that memorial?

MR. Moses: I have not, but I hope that you will.

GEN. BLACK: I move, Mr. Chairman, that the memorial as presented be received and recorded, and that the delegates from this Association hereafter to be named to the American Bar Association, be instructed to present this memorial, either in form or in substance, to the American Bar Association, as an expression of the sentiment and desire as to the anniversary celebration of the Illinois State Bar Association.

JUDGE GROSS: I second the motion.
Which motion was adopted.

VICE PRESIDENT Wood: The Chair will remind members of the Association that owing to the banquet it is de sirable that the session should be somewhat brief this after


noon, that banquet being held, as I understand, in this room. If it is the desire of the Association to recommend to the Gov. ernor some member of the Bar Association to serve upon the practice commission, that must be done by a vote of the As. sociation, the Chair would have no authority during vacation to make any such appointment. We are now in Miscellaneous Business and that or any other business of a miscellaneous character is in order.

MR. ORENDORFF: I move that the Chair be authorized to recommend a member of that commission during vacation.

GEN. BLACK: I move an amendment.

MR. ORENDORFF: I will withdraw the proposition if any rights will be

GEN. BLACK: I was going to move an amendment. I move that Hon. William L. Gross be named by this Association as a member of the commission which he has so well disavowed.

Which motion was seconded.
JUDGE Gross: I have disqualified myself.
MR. Moses: No.

JUDGE GROSS: I have taken occasion to speak of that commission in language which ought to be withdrawn before I could accept any such nomination, and which language I am not prepared to withdraw. Gentlemen, I must respectfully decline your nomination.

MR. ORENDORFF: I will renew my motion that the President and the Executive Committee appoint a member for that position.

VICE PRESIDENT Wood: The Chair desires to suggest to the mover of that motion, as a matter of delicacy to himself and also as to whether it would be in order: The language of the joint resolution is that he should be recommended by this Association, and I would rather the power would not

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