committing executive matters to the courts. The present century marks a rebound from that view which has already shown a tendency to go to the other extreme. While we cannot wish to keep within judicial control that which is properly executive, we must guard against justice without law. Of necessity our law must be conservative. While conservations must not become inertia, each step should be carefully considered before it is taken, for one of the purposes of the judicial branch of our Government is to insure stability of the social order. For efficient administration of justice three characteristics must be present. First: The court must be impersonal, free from passion and prejudice. The interest shown by the Bar of Cook County in the recent judicial elections shows that the Bar recognize this necessity. The late decision of the United States Supreme Court in the Berger case (U. S. Adv. Ops. 1920-21, page 277) reiterates that principle. It should be of no interest to any judge to try any certain case, and he must be ever ready to step aside from the trial of a cause in which either party believes, however mistakenly, that he is prejudiced. Second: The rules of law must be definite, in order that they may guide men in their intercourse with others. Third: A Court must be practical. It must keep in mind that law is a means to an end and not an end in itself. It faces "conditions, not theories." The courts by over-emphasizing the second of these characteristics have led to an executive administration of justice which considers only the third. Popular complaint has been not with the law itself, but with the enforcing agencies. However, as a way of escape from the inadequacy of this machinery, and in an endeavor to obtain flexibility, justice has been sought outside the law through executive agencies. The movement away from law must be met by a modernizing of the judicial machinery to enable it to meet more effectively the demands of the present day. The blame for this situation cannot be placed entirely upon the courts. The trouble lies with the straightjacket into which the judicial machinery was placed in the last century through legislative checks. A judge too often occupies the position of an umpire whose only duty is to decide contested points as they are presented to him by the counsel. Give to the judge full powers of administration and make him use them. Make him responsible for a prompt and decorous trial. He should control and guide the proceeding, preventing wrangling be tween counsel, protecting witnesses and limiting unprofitable crossexamination. Better order should be kept in the court room. At present the difference in the order kept in different court rooms in the same circuit is a marked commentary on the mental characteristics of the judges who occupy them. More consideration for the time of the attorneys should be shown. In courts where there are many motions, the trial call should precede them. In a few minutes the cases for trial that day could be determined, which will avoid holding during the motions those attorneys whose cases will not be reached and will give time to get witnesses to the court room for the case which is to be tried. In short, grant power to the judge to correct defects in the machinery of justice and then hold him to strict accountability for results. If restraint be necessary, the most efficient check that has yet been devised has been the influence of the Bar. When the machinery of the law has been improved until the adjustment of human relations by the courts is achieved without unreasonable delay and expense, the search for relief outside the law will soon cease. Respectfully Submitted, PHILIP E. ELTING, of Macomb, Chairman, CHARLES A. LOVE, of Aurora, NORMAN L. JONES, of Carrollton, Committee on Judicial Administration. THE PRESIDENT: The report of the Committee on Law Reform, Mr. John Kasserman, Chairman. I believe Mr. Kasserman is detained at Springfield in the performance of his duties as a member of the General Assembly. THE SECRETARY: That committee had no meeting last year, and therefor has no report to make. THE PRESIDENT: The Committee on Legal Education. THE PRESIDENT: The report of the Committee on Legal History and Biography. The report and resolutions were read as follows: REPORT OF THE COMMITTEE ON LEGAL HISTORY AND BIOGRAPHY. To the Illinois State Bar Association: GENTEMEN: Your Committee on Legal History and Biography has for a few years past devoted most of its attention to a reproduction of the early laws of Illinois and the Illinois country, as authorized by the action of the Illinois State Bar Association. As has been heretofore reported, the Committee, soon after being authorized to arrange for the collection and transcription of these early laws, entered into an arrangement with the Illinois State Historical Library, by means of which the collection, transcription and editing of the work should be in charge of Joseph J. Thompson, under the direction of the Committee, and the publication would be taken over by the Illinois State Library as a part of its Historical Collections Work. The work of collecting, transcribing and editing was promptly undertaken, and when the matter was collected and put in form it was found that it was too extensive for a single volume, and arrangements were made for a two-volume publication, Volume I to contain all the laws and regulations from the days of the Indian Aborigines to the establishment of the Northwest territory by the ordinance of 1718, passed by the Continental Congress, and Volume II to contain all the laws from the passage of the ordinance of 1787 to the admission of Illinois into the Union as a state in 1818. Save for a translation of some French ordinances falling within the scope of Volume I, all the material has been prepared. The activities of the State Library were, of course, interrupted during the war and since the war prices of paper and printing have been extraordinarily high. For these reasons the publication of these volumes has been delayed. It is gratifying, however, to be able to report to this meeting that Volume II of the work is now in the hands of the printer, and is being pressed to publication with dispatch. It is of course of no moment that Volume II should be published in advance of Volume I, as care will be taken to make the volumes uniform. Volume I will follow as soon as practicable. Publishing this work through the State Library means that the usual number of volumes printed as Historical Collections, viz., two thousand, would be printed for free distribution to state officers and others entitled thereto under the rules of the Library. The Committee is of opinion that there will be a considerable demand for these volumes, and accordingly seeks the advice of this Association upon the question of having additional copies printed, and in such event authority to arrange with an independent publisher for such additional copies. For the information of the Association it may be stated that the State Library, in some cases, after the official number has been published, has loaned the plates to a private publisher and additional copies have been published and sold by such private publishers. The Committee is of opinion that a suitable arrangement can be made to procure the plates from the State Library and arrange with a publisher to publish a suitable number, either on the account of the Association or of the publisher, and would be pleased to have authority from the Association to make the most advantageous arrangement available in the event that the Association decides that it would be advisable to publisch additional copies. In the event that it shall be determined to publish additional copies the question of their sale and distribution would need to be determined. For this purpose the Committee would be pleased to be authorized to make suitable arrangements for sale and distribution, making the actual cost of production, together with a suitable margin to cover the costs of sale and distribution, the basis of the selling price. HISTORY AND BIOGRAPHY. The Committee has had in mind for some time the gathering of biographies of distinguished Illinois lawyers and deceased members of the Illinois State Bar Association, and, in the same connection, the compilation of a bibliography of historical and biographical works <of interest to members of the legal profession. The time seems now ripe to enter upon such work, and the Committee would be pleased to have the advice and approval of the Association in that regard. In conformity with the suggestions contained in this report, the Committee presents herewith a series of resolutions for the consideration and action of this Association. Respectfully submitted, GEO. A. LAWRENCE, Galesburg, Chairman, FREDERICK B. CROSSLEY, Chicago, JUSTUS CHANCELLOR, Chicago, JOSEP J. THOMPSON, Chicago, WILLIAM R. RAMSEY, Chicago. RESOLUTION PRESENTED BY THE COMMITTEE ON To the Members of the State Bar Association: RESOLVED, That the Committee on Legal History and Biography, in case it shall be possible to secure the publication during the current year of both the volumes covered by their report, be requested to ascertain and report what arrangements can be made with some responsible publishing house for at least 5,000 additional copies, provided arrangements can be made by which, after the state publication edition has been completed, the plates can be turned over to the Association and to report the estimate, with their recommendation as to price to be charged at the next Annual Meeting of this Association. THE PRESIDENT: With reference to this committee, Mr. Lawrence has served faithfully as a member of this committee for a number of years, to my knowledge, and the committee has always done a faithful work, and Mr. Lawrence has taken a great deal of personal interest in the work of the committee, and I am sure the association is indebted to him as well as to the other members of the committee for the faithful work they have done through these years, and I hope they will continue. The report of this committee will go to the Board of Governors for such action as they may deem proper. The next report is the report of the Committee on Uniform State Laws. GENERAL NATHAN WILLIAM MACCHESNEY: Mr. President, and Gentlemen: The report of the Committee on Uniform State Laws has not been printed, because of the delay in getting it out, hoping that we would have some report upon the legislative situation. Certain bills have been recommended for passage by the present General Assembly and they have all been introduced and all of them are on third reading, as I understand. I tried to verify that night. before last with Dr. Freund, the president of the Illinois Commission, but I have no new information since early in the week, however that was the situation when the legislature adjourned last week. |