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ciation, as I said to my brother Commissioners, that if there is anything in Cook County that would help correct that abuse, -any way by which that abuse could be corrected in Cook County, and they would devise it, I would join hands with them. Suing the defendant in the town where he resides or does business, and nowhere else.

Lis pendens in other counties.

What to constitute a record, on appeal: character of bill of exceptions.

This is a subject that may well engage the attention of a thoughtful, experienced man in the hope that he might be able to work out some practical way by which the record could be made up that should be satisfactory, under which the real questions sought to be determined on appeal could be submitted to the court and some way in which the bill of exceptions could be presented that should not embrace all the questions and answers and objections and exceptions and arguments of counsel on the admissibility of evidence.

Now, gentlemen, this picture would be incomplete if you were not to look on the other side. What have the Commission rejected? Let me run over some of them; these are propositions that have been submitted and have been rejected:

Abolishing the general issue.
Taxing attorney's fees as costs.
Equitable apportionment of costs in all cases.
Tentatively-Oral instructions.
Trial Judge, examine jurors as to qualifications, etc.
Service of summons by copy, by any competent person.

Reducing grand jury to 18–12 to indict; indictments limited to felonies; misdemeanors, by presentment by public prosecutor.

Appeals from order granting new trial.

Set-off being relied on, a declaration to be filed adapted thereto; subsequent proceedings same as if original action thereon.

Appeal instead of mandamus, against Judge refusing to act.


Limiting Appellate Court, in findings of fact, to cases tried by court without jury.

Perfecting appeals from J. P. in 10 days.
Raise limit in attachment, above $20.

Ordering new trial, as to particular question, without interfering with findings as to other questions.

Appellate Court not to file opinions in cases affirmed.
Appeal from refusal of Probate Court to act.
Special docket for J. P. appeals.

Increasing jurisdiction of J. P.'s to $500.00; making it a court of record.

Specific definition of a poor person, suing en pauperis.
County pay attorneys appointed to defend criminals.
Instructions argued to the court, before giving.
County court jurisdiction of trust estates.
Executors to collect, as in case of administrators.
Contesting wills in County and Probate Courts.
Bond by surviving partner.
County Judge not to practice in any other court.

Evidence on trials before J. P., taken stenographically; appeals allowed on record.

Appeals from decisions of J. P. holding to grand jury, or to keep the peace.

Original bill of exceptions to go up, without consent of parties. Notice to defendant of judgment entered on judgment notes.

Appellant to file the record in trial court, so appellee may examine before required to prepare brief.

False pretenses and attempt at bribery, made felony.
The New York referee system.
After remandment, new trial within 30 days.
Statutory form of declaration on fire insurance policies.
Appeals from interlocutory orders in injunction cases.

Change in law governing redemptions by judgment creditor and assignee of mortgagor, in foreclosure-payment made to officer mak. ing sale.

Certificate of importance issued by Supreme Court.
Injunction dissolved in vacation, continued pending appeal.

Disqualification of jurors because of newspaper knowledge, opinion formed or expressed. See Bill.

Change of venue in criminal cases. See Bill.
Pleadings made definite and verified.


Pleadings, by concise statement of material facts, in consecutively numbered paragraphs, containing a separate allegation,

Apportionment and allotment of causes referred to master, made by clerk.

Prohibiting sham pleas.
Separate docket for cases ex delicto.
Questions raised below, and none other, considered on appeal.
Short cause calendar in Appellate Court.
Verdict by nine of the jury.
Uniform hours of court sessions.
Provisions of attachment act extended to equity causes.

Court to fix widows' and children's award; widow's award $100, with percentage of net assets.

Executors and administrators verify their accounts.
Redocketing cases stricken without leave reserved.

Justices of the Peace, counties third class, must be licensed attorneys.

Bond rejected, unless surety schedules property in county.
Bond a lien on property scheduled.
Record of bond.
Justice of the Peace to be learned in the law.

The Commission, gentlemen, did not seem to think it was necessary that the Justice of the Peace should know any law and in that regard I am in entire harmony with the judgment of the Commission; neither the constitution nor the laws as they stand today require that he shall know a single thing about it, and I am decidedly in favor of this, and have been, and so announced myself, that I am willing to see the Justice of the Peace stripped of just as much of his jurisdiction as it is possible; he holds a constitutional office, we can not abolish it, but we can rob him of some of his jurisdiction.

Appeal from J. P.; appellee served with summons.
Appeal in 5 days without bond.

Handwriting; disputed writing compared with proved genuine writing.

Examination of adverse party, in or out of court; his evidence rebutted.

Costs, given priority of payment over labor claims, under assignment act.


Expiration of notary's commission shown in his certificate.
Abolish jury in Justice Court.

Transcripts from judgments of J. P.; must show payment of all costs.

Annual inspection of J. P. docket and files.

Setting aside and opening up judgments, after term and within a year, on terms.

There, gentlemen, you have in substance the progress which the Commission has made during the last year. Yot during the year, either, because, although the resolution took effect on the first day of last July, the Commissioners were not commissioned for some months afterwards, and held their first meeting for organization in the month of October; its real work as a Commission did not begin until the first days of December last. Within the past six months it has done what it has done. Between now and the sitting of the next Legislature it must do what it has to do; in that time it must send out a preliminary report to the members of the bar invit. ing criticism and receiving such, must then embody the results of its conclusions in such form as may be necessary for the Legislature to take hold of it and act upon it. I want to say, gentlemen, that while I have earnestly sought to be your representative upon this Commission and give to it my time and best consideration, I am not so well satisfied that very much will come of it, and yet I am not willing, unless by your direction, to lay down the work; having taken it up I am willing to pursue it, and by my best endeavor in conjunction with my brother Commissioners, and we are all working together, cheerfully, harmoniously and pleasantly—that if we can accomplish any good thing to bring about a general result of justice and get it speedily and directly and as simply as possible and with the least possible expense to the people and to the litigants, I for one want to do it and to give it my hearty support. I thank you for the very close attention you have given me. And now, gentlemen, with these propositions that I have referred to in print before you, if you will take some of


them up, the more important ones and discuss them and help us to determine them correctly, you will render us a very valuable service, for which we shall be grateful. (Applause.)

PRESIDENT Wood: Upon this program, gentlemen, the next in order is the consideration and discussion by the Association, of this report. The Chair would suggest, however, that there are one or two matters that might be taken up and disposed of which I think will take but a very few moments, and if the Association desires to do that they might spend the balance of this session in discussion upon the address given by Judge Gross; is it the pleasure of the Association that this be done, if so, I will call for the report of the Committee on Judicial Administration, by Mr. Lessing Rosenthal.

Report presented as follows:
To the President and Members of the Illinois State Bar Association :

Your Committee on Judicial Administration, in presenting its report this year, again begs to urge the importance of the adoption of some change of method by the Supreme Court of this State, so that every case coming before that high tribunal may receive the full consideration of all of its Judges. As we pointed out in our more extended report on this subject last year, this was one of the primary objects sought and thought to be accomplished by the consolidation of the Court and its location at one place. A widespread feeling, however, exists among our lawyers, which we do not believe to be groundless, that each case still receives rather the individual consideration of the particular Judge to whom it happens by reason of its chance number to be assigned, than the collective and common consideration of the whole Bench; that, though the opinions as soon as written are printed and distributed among the various Judges and then discussed and corrected in conference, the records and briefs are not fully considered in conference before the cause is assigned nor the special points beforehand determined on which the judgment of the Court should rest. Members of the Bar suspect that the record and argument in a particular case do not receive the deliberate consideration of more than one Judge. This accounts in good measure for the large number of petitions for rehearing presented to our Supreme Court. From an examination of the seventy-four cases in the 1820 Vol. of Illinois Reports, it appears that in forty-two of them petitions for rehearing were filed. Think of it!

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