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The Memphis appeal. (Memphis, Tenn.) 1886-1890, July 02, 1886, Image 2

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MEMPHIS DAILY APPEAL FRIDAY, JULY 2. 188b.
THE BAR ASSOCIATION
OF THE STATE IS ASXDlL
sE.ssioy.
Proceeding of the First Day'a 8ea
Ion Masterful Address by Pres
Ideut Folkes.
EEPOHTS ON LAW REFORM ANI
JUDICIAL PROCEDURE.
Scholarly and Thoughtful Paper by
J nd j Roup, of Arkansas, on the
Nccetslty for Codification.
The Tenne-ise State Bar Associa
tion met in the United Slates court
room of the Federal Building yester
day at 10 o'clock a.m., W. 0. Folkes
in tbe chair, J. W. Bonner, uocreUry.
The following members answered the
loll call :
J W Homier, Nhvlle J 0 Prmlford. Nrllle
M T Hrran, Nahvllle W OC.ldwoll. Trnlun
W A Collin, Mnmiihii h P Cooi.fr. Momi'hii
N N Co, Franklin Itulmoe Cummini,Mm
Thou L Dodd, Nh--lle J J Dullune, Me hii
T Edrooniinn. Mem II T KlUtt, Memiihil
It M Kitea, Mompbii W H Fllpnln, Mem
Sl Krayre, Mem J M ()rory. Mom
8 Hammond, Mam TK llarwood, Trntnn
C W Ueinkell.Mein John F Houie.Clerksv
R F Jaokioti, Nenhvle J W Judd,K.rinld
J II Laudeidile.OiTD M A I,owe, TipUiDTile
II ULurton, 0 arkir I, 1) McFiirliind. Mom
K 6 Mallorr. Jecknon W A Milllkrn. rili
H J M organ, lrlmihieT L Moieler, Konloo
WW Mnrrnf . Ilunt'n M M Noil, Trenton
C I'erkini, fixinphla J 0 l'lerne, Memphll
JI'PoLnJMeni.hla W M Kandolph, Mom
Rubin, Na.hv.lle B Smith, Nanhvllle
W M Hmlth, Mem JIT Hneed. Mem
M II Truovent, Mem P 1 urney, Winohnater
8 D Wnakler, Mom X WhoMr,t'hat'noOf
II WhlUaidta.Chat I M WilUe, Chut
T W Wrenne, lluni'n J W K Moore, llrownv
Aiter the roll rill the reading of tbe
previous meeting wai, on motion, dis
t iionsed with and the president of the
association, tho lion. W 0. Folkes
delivered bis annual addrees, as fol
lows: Ihe I'rMldxnl'a -llrm.
Otntlemen of tbe Bur Aiaooiution of Ten
nessee: Ar.lcle XIII of your cotR'itution
prorldos that the president shall open
each annnnt moting of the awoola
tion with an address, in which he
shall c-mmunlcate the nicnt noto
woithy rhsnies in the statuto law on
points rf goiieral interact made in the
State and ly Congreis during the pre
ceding year.
I.RCIIBLATlOff.
ForluBrtoly for your Pr.s'dont, and
peg Imps f irtunately for the State, there
has been no s-jisioo of tbo legislature
Bllioe our I tat annual morning.
Tho Congto s ol the United States,
however, haa of course been in session;
but very little of general Interest baa
been uuacted by that body.
Many questions of much pith and
moment, and of great public concern,
have been discussed aud considered
during this term ofUongrera; but anon
exarawa'ion it is smpr sing to find
that very liltlo has been enacted into
law.
PUUIDENT1AL HUCrKBSION.
Of tho laws parsed, the 11 rat in time,
a also in importance, is an "Act to
provido for tbe ptrforuiar.ee of the
office of Praeiih nt, lo case of the death,
removal, or inab U'y of both Presidont
and VionPiealdont.',' Approved Jan
nary IB. loou.
By this act, In such an emergency,
the duties of the Chief Executive aro
devolved upon the Becretary of Hinte,
or if (bore bo none, or in caso of bis
removal, death, resignation or ina
bility, then tho Secretary of tho
Troasury: and upon like Inability,
then the Secretary of War; and upon
his inability, then ilio Alt rnoy Gen
eral; and upon his inability, tlin the
Postmaster (ieneta'; aud upon bis in
ability, then the Secretary cf tho
Navy; then on liko conditions tho
Secret try of the Interior shall net ai
President un'il the insbi ity of the
President and Vice President is re
moved or a President (hall be elected.
It is provided that whanovor the
powers and duties of Ihe office of the
President shall devolve upon any of
the persons named herein, if Congrats
be not in so si on, or if It would not
meet In accordance with law within
twenty dnys thereafter, it shall be the
duty of the t.er.op, upon whom said
poweis and nuties shall devolve, to
issue a proclamation convening Con
grcBS in ixtiairdlnaiy bins'od, giving
t a en 'y days' cotics'of the timo of
meeting.
Section 2 providua that the pre
ceding section shall only bs bold to
describe and apply to such ollieera as
' ehall have been appoint d by tho ud
vleo and eonfout ol tho Senate for the
oflios tborein named, and such aaro
el-gibe to tho office of Prwident
undar the ConMiituiion, aud not under
impeachment by the IIouho of Roprr
atititives at tho time the vowfrnund
duties of tho ollt'ie hall dev, Nit t,ju .
them tospvtvly.
Se t on ;t rt o ' a an t iins 14l, 147,
148, 141), 150 ot th a Keviied Statutes.
The pvwue nf this act has gratly
relieved the public miud in relation
to a question that recent liihtory has
maJe qn to prominent.
It is bcliovod that the National
Leg'slature bat raaohed a wine solu
tion, and it is to be hoped that this
new law mst never have occasion for
Its enforcement, certainly not by rea
son of B'.ica tr.'gic events as gave rise
to its pes age. ;
Auimcan smrriNG.
We are' glad to nolo the pawc-a of
an act concerning American shipping,
which, while it may not at once give
us a place amsngst the nations of the
world so far as our mercantile marine
is conm rited, yat is a step, though a
modest one, in that direction.
It is ent.tlrtl an "Act to piovide
for an American icgis'-er for ttio
Bteamahir) Caroiino Miller, of Balti
more, Md." Approved March KI,
It piovidoj that tbo Comm'ssloner
of Navigation h Hii'tioiizi'd to cnuss
the foreign built BtcainsLip Car 'line
Miller, owned ft tho port of 1U1 i
moroby F. U. Miller, and n built by
him nt Baltinioro, Md., to be win
tered by him ai a vessel of tho I' mud
isia's.
As showing that the good work goes
on, we Und a similar act, arp-oved
Maich 18, ISSd, entitled an "Act to
Frovi le for an American rgist r l r
Ue fctauriuip Oisraa," of New Vo. k
City, and thus the foreign b lilt steam
ehp ownnd at the pjrt of New Yoik
by Wm. 1. Clvde, is r?Kii-terjd as a
vefl'el of the United 8'utos.
This is all the legislation cjrerning
oiir shipping, and wlin the cba ac er
of our navy aud marine intjrt gen
erally is cjr.s drrsd, it is eovouraginit
to know that Congress hai done bj
wuc'j.
MIHC'KLIANIOI'H 1IIL1B.
We also fl id an "Act to increase the
UiVHH Of doCJEBJtl
a i
n id uiio ua tv luunu
Boldidrs aud eau-
1.
tional to nn ac, en-
d an "Act to proviile n natn nal
-ncyceiur U try a pie ige ol united
a boiul", atid to piovide for the
clrculat'on and redemption thereof,
pareed Jane 3. 1804 "
Alto an act to authorise the' Secre
tary of tluiTrtasary to deliver to the
rigntfal owner the contents of certain
box' 8 depos ted in the Trraeury vaults
by tbe Secretary of War.
This act autbnr'zsa tbe restoration
to the proper claimants of any silver
ware, jewelry, portraits, wat h s or
other property captured by the United
Slates army during the wa and now
in pnssts'ioa of the United S ates
Trtatmy upon proper proof of ownsr
sbip and identifira'.ion.
Also an act, ap rjved May l't, en
titled an ' Act in aid of thenatonal
monument at. P yiuouth. Miss."
The preambls recites that, whereas, a
nat'oaal monument to the pilgrim
fore'a'hersis in process cf construct'on
at Plymotub, Mass., consisting of a
central figure of faith and of four stat
ues, repreeenting moia'ity, edu.a'ion,
lawaud libeiallty, of which five the
first three have already been erected ;
therafore, lie it enictsd, etc., that the
sum of $15,01 0 bn, and the same is,
appropiiut' d for tho purpose ol erect
ing f aid otitue of liberty and the bas
telel accompanying tbe same, enter
the direction of tbo Secretarv of fctate.
Ono would suppose with faith, mor
ality and education that law and I b
eity would' fallow as a matter of
conr o without the aid of an appro
priation. Convrer s, however, B'eirs in this act
to have provided only for thoHta ue of
Ltbeity, leaving that of Law unpro
vided for unlerS it comes under the
s re ief (lar relief) aciompanyirg
tho same; but some m'gbt consider H
ab;Hj relief so fur as toe law Is con
cerned.
Also an art approved My 0 to pro
tect hoincHtead settlers within the
limi'a of railway lands.
Also an act to piovide fcr the fctudy
of tho nature of alcoholic drinks aud
naico.ic, and their t flut te on tbe hu
man eyet-m In connection with the
several divisions of the subje t
of physiology and hygiene by the
pupils .in the public schools in tbe
Territories and the Ditt' let of Colum
bia, and toe military and naval scade
mto". and Indian and c''"ed srhst)lK
in ihoTorrl orlts of the United Stats.
This is cooH'dored a step toward
touipeiance leglsla ion by Coiuiresi
that Is greatly appiucia ed by the Pro
hibition. The actleaves it in doubt, however,
whether this Btudy lo t) be made
fiom books or from an attendance
upon tlis po-sion of Congresn, as fur
nishing ohjout letsons, after the n ma
nor of the kind irgart.n.
Thori was sIho an actapproved Frb
uary 20th, emi led nn "Act for tho al
lowance of certain claime, r po-t-d t y
the acfonntirg otlicer of the Un ttt.l
r-'l ttes Tr asury Dopar nient, wlnrein
claims we e atttho i.d tDbopnid by
Uie SdMo a y i.f iheTr.amry ti citi
sons of the Stuto of TeuneMB.o, iiisetly
war cUIuih."
There were sevorty Bix bills pbbho 1
by CongreHS op to the 1st of June, ft 1
of which I have examined, and ths
above ia all that I deem necessary or
proper lo call your attuntlon lo under
the Htu'tiMi of the cons'itutiou dvflo
ing my duties in this regard.
The vast mij r.ty ol bills paBod
re'ats to national banks, lacreuing or
diminishing their capital stock or
changing their names; to alowl-g
bridges to be built over navigable
rivers: and for tho improvement and
ciro of public bu Idings, and for the
maintenance of lighibous fl, etc.
Of course we have an act on'itied
an "Act to provide tor certain of tne
mott urgont deSciencies in tho expro
priations for the pub ic b rvicu."
It is always nndorstood that "bo
well regulated Conitrees" wou'd bo
complete without such a dotlciency
bill.
W hile C ingress has pa ssd but few
laws durlnx its presei.t ecsiion, many
very important meamros have been
before 11 Lr consideration.
JinusnicTioN or unitbd btatks coitith.
The one meat nearly c oncsrning our
KrofcBiion is the bill introduced by
arift'or Jackson on January 5th, read
twic and referred to the Comndttee
on the Judiciary, entitled "A bill to
(1 Hue and legulatn tho inrinlitton of
the courts ol ti e United States."
This bill under akes to give to Dis
trict four s ( f the United Status nil
Circuit Couit power.
It provides for the appointment of
two odJithval Circuit Judges In ench
circuit and for an appeal or writ of
error, in nil epsss wh re tho amount
involved exceeds, cxclusivo of cost,
the sum of $500, tiom the Dis'rli t to
the Oiicuit Cdtirt.
Tim Circuit Court lo consiit (the
juftlcc of the Supreme Ci" - .-iined
to the c reuit, and of thfl O cu.iJudgtH
thereof, any three of win in shall con
ttim'e a quoiuui.
AnniiMil is si'' w. d from District
to Circuit C u t u.'Oii an iutKrlotu
tory rd r i r rp ts granting er c.m
ti tuii.ai a i i jiuC ion if taken In th r y
d iv in ad cases where an app-'al
w u d he f om a Aral decree in tuuh
uiuse; tint pricerdngi In other ra
tp'.ct1, iu the District U.nut not t be
8'acd dnr.rg ths pendency of Buch
ai)Oal.
, The Circuit Court retaining original
jur.td c io'i only in canes of habeas
corpii", maudnmus and prohibition.
Aiiy one of the Circuit Judges may
hld 1 at let C nuts iu pl.ic, or in aid
ofhe Di.trict Judges, as occasion may
r.ipiire.
'lJie Circuit Court ahnll have tho
jurisdiction in criminal cans, by writ
of error to the D strict Cjuit, which Is
cow provided by law.
The judgments of the District Court
in Bnch eves sha 1 be subject t) be re
vitwed rn!y by writ of error ifl-iue.l
u'oltlio Sinr.me Court, on the al
lowance cf one c f the Jus ice i iheieuf,
f.irraaso shoan of prohhbl) error,
withlivniuety dHjs after tho entry of
Mich judgment ; but such writ shad
rot operate as a s ay of prrcscdings
cx opt in cnp:til ceana, nnk' it :s so
crd-roJ by tne Judge allowing the
writ, nor itf or the reiusal to allow the
writ by ono j v'ga shall it te allowed
by another jiidg.
'Civil cantos at 'a and in eiiuity rc
moviiblo from a Shi e court uuder f x-ii-tipg
pr.iviMoiiB i f law, ns mr il llod
by tuia ac,'iiiay be removed h.to tho
District Court of tho di.trict in tho
tor.i oriil jmisdic'ion of which tl.ey
wer omnienced, in place of the Cir
cuit Court va herctof.ue; bntroeu.rh
Taus ahall bo removable o.i the peti
tion of a defendant boo 1 in a Stve in
which bo resides, or of which he is a
c.i inn, Oil th ground merely that ti e
controversy Is between ci'inens cf
different Sta'rs: nor on tho p ti i n of
a p.itv pla i.tiff; rior ty a c. rpi ra ion
bumI in a State ii which it carr.ej on
buBTcss. and in whica It may bi
found, on the ground that it
ii a il.lzt-n of anttiir tstnte ;
i.or bv a co-porat'on cie t.d by a
law of the Uu tid Sta e, mm
it arU uo a dt'f.'i Ba to their nrtion
or 'iit fiunded dT'ct'y upon fie
C ii a itut on, or a law or tiaty cf t he
t'oitd Sates; provid. d, how-ver,
tha th r gli ol a d-ifei d nt, wh tvr
Biiel a one or with of cr, to lemovo
the nit from the State c u ttnthe
gr und of cit zem ip, a ad not be de
fa e l if he ia a citizen of a Stt orh r
fien ihat in wbici th plaint ir, or oi e
tf tha lifaintifl. if more thaafone, is a
cit'ren, and if ba la not a resident or
citizen of the Stat in which tbe suit
is brought
And no suit sba'l be brought in the
distiict court In any State by a corpor
ation habitually carrying on business
therein, by reason only of its being a
citizen of another 8ta e, nor by a cor
poration creaud by law of the United
States, except upan a causa of action
directly fnuuded upon the Constitu
tion, or a law or a trea'yof tha I'n ted
States, unless specially authorized by
law to to do.
The dec (ion of the Circuit Court
upon questions of fact eha 1 in all
equity cases ba final and conclusive,
except as otherwise provided in this
section the face ti be specially found
if requested by ei her party, and the
rulings of the Court cccurring during
the trial or beaiing, npon the admis
sion or rejection ol evidence, or upon
its legal effect, may be brought into
the record by a bi 1 of exceotions duly
allowed and signed according to tbe
practice in cases at law, and a review
upon all quest one of law opou the
record may be had npon writ of error
or appeal, in tbe mannt-r now pro
vided by law, to the Suprems Court of
tbo Uiiited States, from every final
judgment or decree of the Circuit
Ccurt, where the matter ia contro
versy exceeds 15000, exclutivo of co4,
or where the arijudica ion involves a
question upon the cotiBlroction ol the
C institut oa, or the construction or
validity of a treaty or a law of
the U cited S'alep, or where the Cir
cuit Court shall ceitify that tho adju
dication involved a lerel quoHtion of
sulliident imi ortance to rtqui-e that
the final dechion thereof should be
made by the Supreme Court; but in
Ihe last mentioned two casis tho Cir-
ricuit Court shall state the question
BriHlIlK UyUll 1119 UUUBITUUM-IU Ui VllO
Oor Bti'ut on,or thec jnttruct'onof the
validity of such treaty or iaw, or tbe
question that the adj idication in
volves, with the facta u, on which ths
same Brines, end anch questions only
shall bocCf Uled to andtiually decidrd
by the Suprfuio Court; aiid its de
cision thereunv eliail bs enforced in
like manner as ia now provided by
l.v; la cists where a qneBtion is car
tided to the Supicme Court upon
which tha Judges of a Circuit Court
are divided in opii.inn.
But in patent and cipyr'ght cas?s
In equ ty a review of tho Supreme
Court may bs tml, without reward to
tho sum or value iu dispute, upon the
questions b th of law aud fact affect
ing the validity or ir f r ngoinont of the
pttent or copyright; provided, that
the Circuit Court shall certify that a
ques ion is involvid of etillHeut im
port'ince to ronder it prore' that tlie
liual decision thereof should be undo
by tho fcSiiprctns Curt.
8u li wr.t of error or appeal shall be
Bimd out cr taken within one yei-.r
after the entry ol the judgment or de
creo sought to bo reviewed.
Tin Saprem-) Court may adlrrrj,
modify or reverse tho judgment tr
decree brought before it for revbw,
or it may d'reat a judgment or decree
shall be rouiit'ed to the peoper C.icuit
or Die'tiut Court, to bo eiifoiced ec
cording to law.
If within the yow after the entry of
ju 'g nent or the decree Bought to bs
reversed any psrson shall die, tho per
S'liul lopreteiit.itivo or heir, as the
ease may r. ijui'e, may, witldn ons
y -ar next afur theproot of the will or
the appointment of the administrator,
or within one year next alter the
dea'.h cf the ancestor iu the case an
hoir, biio oat cr be ma lo a par;y to a
wrir oi error, or tekeuu appeal ur un
made a patty tbcret , without revivirg
tlis judgment or docroe in the court
in whiiih the same was entered.
But sppcnls tiken and writs of error
Blind out ti the S'jrame C tut und'ir
exis'ing laws btt ira this net takes
ollect shall not be ntr.'cted by this act
This act is an effort in the right
direction, and seeks toobv;nto tosnmn
extfnt ths law's delay in tho Federal
cour.s, which in many respects is as
glaring as In some of the State cotuK
The passage cf th's act, oi a similar
one, should be urged upon Congress,
and this affiooiat ion can aid therein,
and to that extent further an object
of ita o ginizdjon by importuning tlio
'Pontes ea Sotia'ors and Representa
tives to orgs its na'Bige. O. r.'aiuly it
is a miitterot too much inipottnr ce to
the administration of justice for the
e hhoi i-uicn to allow it to pass by iu
aiienco.
Ii the ab ence rf any bcshIoii of our
L'g'rlstnre e'nee your ltt incoting, to
wi.ieh I might Citll your attention, ii is
porhat a excusable for me to stigi at a
lew topics upon which the Legislature
next to assemble may bo calltd upon
to act.
NBSDKD BTATE LKdlSI.ATION.
It is dilllcult to dotermine what inny
bo the effect of the cliHiiiten Into y
made, in the judinial, circuit, and
ctiiuirary divisions of tiioSt.to; it is
more than prcba).o, lr.-.wever, ttiat in
the fut vie as in th p at, judgaof
sruio dictricir, and the cImi celii rs ol
sonio ol the dif ibicub, msy have more
wor than they can properly attend to,
while others may not ba sufficiently
cccuplod.
In ench conllngency thero should
be a power lodged seme here to send
tho judges or chancellors from one
circuit or div sion to auolhor, as the
ex'gencics of the situation may render
expedient.
'Ibis power might be vested cithor
in tho Governor or the Chef Justice
of t"e Supreme Cutirt.
Such is tho practice as to the id strct
judges nnder the Fed ral syaiem, and
has lean found to worx well, tho
power there bjing vttad in tue Cr
cuit Jult;o.
SITRSMB COl'HT.
Another maltor which cor.cerns tho
admiuistrat ou of justice mo t st ri
t usiy, and upon which I have b; en
able to hear but one expression, is :he
iitCHSity for a constitutional amend
ment h entipg tho Supremo Couri por
inatit iit y at NftbliVillo for the entire
Stde.
Wo all know that tho situs of tho
Supreme Court wt s p'neo 1 iu th dif
f tMCut see i ns ol tho St ito at a tiuv
wbeuaccisa to tne co;irt was had
thr. ugh the nicdiiiin of boreotack
travel.
W.th the railroad fa iliti- s now fur
nished for ro.ichin Nashvihe, there is
no loniior any rown wliv the old or
d r of tiling bho ildbs nmi uaiced
It ia a mutter of iro uud a.i'oi,idi
iiv nt that in llu latur qnar er of the
Nineteenth C.ittiry the court of bet
resort of the gr, nt tta;e tf Tonne.-ao';,
wi h the vibi ai'.cuuiuUtion of hn-i-ceas
present t eloro it ft r d'sro itio;',
Bhou d be a pcri.a et c institution, re
qui ed to travel around libelh ciicil.t
jiu'gei of the olden time, w ti it
lil ra y an I IteiireninthHhnudaa.ihul
or tho saddle bag as ot y.rre.
How can it le reaa. nahly pipe ted
that in on of ni'ddle age a id f In id I- s
should bs r qu red to live wiound
( ary b.dng considered) iu boarhnij
Hon im, an I jet beeuppore.1 tofn nli
the same miiount of w rk that they
would bo Cipahie of d ring surround, d
by t'lecimfors of a home an I free
f om tha mental anx elv w: ich a sep.
erati m frciii fnvly a-d homo ue es
s riy ei genders?
To reiieve tbe overcrowded do I cj
of our Supreme C -urt, nn.verwly
concedod to be a grat m'sbi una t
tha State at large, a conitita'iocal
amendment might wall provide for a
change in the organl i' ion of our
conn of lait reeott.
We have tiied several methods for
the relief of this glaring evil, with
more or leas of succaes, generally less,
and among the various methods lug
getted, I regard tbe fo Howie g aa per
haps tbe beet, ita principal virtue be
ing its economy, and an economy
probably without sacrifice of tflicitn
cy. It ib as follows:
Farcish one mora judge, and havs
the court divided into two sections,
one compo ed of three judges to hear
and dispote ol equity csumb, an a to
be known ai the ' high court of equi
ty," the ether likewtee comprso! of
three judg.s, aud to dispose cf law
cese', including the criminal and rev
enue dockets with a provision for tbe
reference of the butintss of the one
court to tha other, should the condi
tion of the rejptive dockets render
Buch reference dt suable.
This plan would give us substantially
two courts, with an additional ex
pense only of ths en' ary uf one judge.
To meet any tew porary over crowd
ing cf the docketa cf your court, and
to remedy any preesiog evil in the ad
mins ration of justice, there sbou'd be
fewer cons itunonal provisions with
reference to tbe courts ar.d judges.
Theee ma tsrs should bs left largely
to legislative regulation so that
changes could be made from tims to
t'iretomcet the necessities tf the
situation, which cannot be the caie
wh' re to much of the law on the snh
jett is.repoeed in theCocstitution EI
As Is i-aid In tne report, that 1 I ave
referred to, "tbe obligation cf the State
to all of its people is p'a!n. It is to
provide a ompstent court to bear and
decide any qu- stion of an iafracti' n ot
the laws. This obligation Is absolute
but when it Is ones lullllled the obli
gation to give an appeal is qualified by
circumstances."
The 8 ate ought not to provide fcr
the a'lowance of the appeal if it can
not povide fcr the hearing of it. It
mig t es well offer an empty cup to a
man dying of thirst.
HPS OK WRIT OP IN.lONCinX.
There is another msttar to which I
world call your attention in the line
pf judicial reform. I refer to tho
nbuse made if the writ of injunction.
L r m bec mn a n ofltBcr ousgr evance.
tVith a little ingenuity on the part
of the lawyer, and a litt'e bluntmss of
coiiBcieuro on the pirt of the client,
an injunction can be bid on almost
anyprouud, restraining the doing of
almost noythlni.
K pecially is tha injunction oppress
ive and prolific of delay wh'ie it is in
voked to restrain sales under ttu t
deed'.
The act cf 1873 requiring twenty
days' n' tice has somehow or other
r-irely, to my knowledge, been en
firced in Shelby courty, whatever
miy have bten the prectice In other
counties, whilHSSctim 4 of chance y
rule 6 reqirring payment of a por
t on of the debt unuinpnted, ia prac
tically abrogated by tie irgennity of
counsel in iiaming the allegations of
ti e bill eo as to make Hupp ar to go
to the whole debt.
The abuse in this regard has virtually
dettr yed the value of real e. ta'.e as a
security for borrowed money.
Injunctions should never be granted
ex p rte.
To guard againat any eiceplhnal
cvo where notice would not be prac
t cabb', our S ate cuirts timid follow
the practices cf be nitvd S nhs
courts, where tre Mile Is tbat a
lestraicirg order !s never made unless
there appa b to tie danger oi irrepaia
bin Injury fiom delay.
Tho subject of codiflcition, as we
all know, bas baen provocative of voy
numerous, not to say perplexing diu
cufsiouB thousthont the sever d Ststes
in the Union for tho left d- cade, it
is not my purp se in the brief com
pass of this paper to add anything to
that d scission, but merely to ay that
it is a mattt r that will toi down at our
tddding. It is a ques im (lint has
been leornndly di'cussedin able and
eloquent addr .'Bscs at every State Bar
Association to which I have had gr
eets. We are all familiar with the
careful consldera'ion it bas received at
the bu:id of tbo American Bar As
sociation at its annual meetinzs at Sar
atoga. The current legal literature
cf the day is rr p'eto wi h this dir-ens-sion,
which it is ln'P'-'d, may end iu
bringing the country sooner or later to
a correct solution of the vexed matter.
It is with plea tire that I announce lo
you tbat in the programme arranged
for this mee'in aditcuion of this
subject, from g. ntlemeu amply able to
icstrnct UB, is provided f jr.
TUB RRVRNUB LAWS OK TUB BTATK
will ls bs a matter to bs d.EC'is ed
at this meeting. Tint there ha bv n
always a b-mentablo infirmity in tne
rovcuue lasof TenneereM, none wi.l
dony. The largi amount, of iifigu'hn
fist encumbera the courts oi the S ate
today, in math n relating to the col
lnti mof ba k taxis, is in itjelf suf
tl ricnt to ovrrwhelm tha adyoca'es of
sip h a system. Thongh the evil be as
glaring as i.oonday, the remedy is n t
fo epuarent. Ths bust mimls In your
State, bcth among the lawyers and
1 'g'a'ors, have given ?yi thruijht
and ittiidy t this ry&1t prohl m.
Aro we tco sani'U niT jopiui that
the difcusMoa of thiiSa. i n, wiiich
is on the programme of nn exereigjs
of this moetfug, will b'aze the path to
the much ueodod rif r.n in this
branch cf tho puhl'C sorvice? The
question s foimu'ated by your Gcn
t al Oritncil for discuision, re'a'cs
more cs dully to the aieeesment laws
of Tenness e
TUB MKTHOU CK A'S'BSMBNT,
bowevtr, la only one of ti e evils of
our revenue s s on. Tho difteusurn
could with propriety nn I p'olit tuke a
much wider ra.iBt. it ehould embr.ica
the bset maimer and menu of soiling
the property of diduiqusnt", s ti nt
a ltbo Im-densof govoriiment should
not full npon the ptompl taxpayer.
Much could bo leirnsd by nu ex:v.i.
nation of Ihe laws of our s.s.cr M.is,
Missifsippi end Arkaesa, up n this
Biihj-ct. In M s i sippi theie is no de
fense for a tax titlt, except prjof tha'.
thn taxea for which the projH'rtr wsjj
sold till I in fa'tt hoen paid. Evory
p-fsuniptio-i is indiil.iid iu av.r cf
the t itl. and I am told the same is
snhs;antiiilly the ruie in Arkai sas. To
one he list 'nied to tbo meth ds in
Ten ne see, tl i-r may leoin hard end
cruel, erpe. i.dly ;o the pi or, who
find it d llictiU at tin cs to pay the.r
tax 8: ni 'ii, however, ia net tue eeso:
on the cent o'y, ir p ov.s a heuili: t
t' is tl.isi esirem; llv, for ihe tax.-a of
all b ing pK d, it ro'iueen tt e aiuou it
of t-x aw ess d lo a min muni : wh lo
niidvr the THiu.es ee m tiii-d the rat
of laxnt o;i i g-oi.ly ii cr se ( t ) i n
t cip. t. tlw I i'g a'Uin d lied' quet
list. Ce 'a'nil.v I is is a liu ti. 1 1 with
in h eh t. i as-. ' i t n c n a com
pti h mr.ch g od in a prae icd way
Th un h ixpec ii g a line rpr Ir iu
you Cotiini t ee i ' Ju In i I Adorns
ira on .i.d U in di I I'-occ lire, I a u
i o inf imi. d I at , u.a s'i us or r -c-oniniendxilsiai
(hey m J hue in store
f rui. I b I , tlaor f re, aken the
lilrarty ei Ci'iLiQ the ttoEti ill 0 tile
MhsodttiiJn tt ttia n mat ar u
praperly lt tltbin toe prorinriWHf
ma tcoauiitu v "tfir o t
of Memphis held a meeting in Jan
nary, 1885, at which was prepared a
memorial, addreased to tne Legislature
then in session, in which they lec Jin
mended the t a ling cf
A COSBIITCTIOMAI, COHVKiTIOK,
Tliey alf presentsd plans for legal
reform ii the matters hereinaber
stated. committee of thr-e was ap-.
pointed It draft, suitable bills and
present me to tha Legislature at
N'aehvil t . This committee were in
etructed t put themwlvea in com
mnnicat'on with a commit'ee ap
poictsd by your apsociit on at its
meeunir at Chattanroga, charged with
the doty of aecuriog b gil refer ti.
This memorial ia so re'ulet, with wis-t
anggest'ona and cj: ef .illy preot-Ml
mntnods of much nesce-i relief in
matters now, as then, confront ng the
people of this S ate th-1 I would be
glad to have the a. me preserved
among tho rectrds of your af siciation.
Its length pravBnfa my emboiyicg it
in th's address but I have taken the
liberty of submitting i; as an appendix
thereto, wi h tbe rqusst that it be
published with your proceedirgs if
deemed df sirahls by your Committee
on Publication.
TUREC SAFB PROI'ORITIONS.
The bills referred to in this memo
rial were three in number, entitled aa
follows: "An act to chitnge and fix
the compenaat on of the judg s and
chancellors of th- State, and to repeal
chapters 2 and 3 of the acts of 1879
npon the sums subj ct " Second A
bill entitled "An act to save expenses
aud expedits the bearing of causes in
the Supreme Court by p imin ihe
reccrd." Th'rd-A bid e tit'ed "An
act to regulate t .e p-nc ice of ta'iing
appeals, and appels in tbe nature of
a writ cf error, aud iu tui'ig tut WiitS
of error in civl cas-b, and actions to
the Supreme Geu t, and to savs ex-Dens-b,
and to expedite tee hsfiring of
causes io thet court and ti reptal eer
tion 3160, 3177 and 3180 of the code."
The first a t r ferred to fix d the
i alary of the Supreme Judges at I-150J
per anrum, and f Circuit Judges and
Chencel ors a' $3500. As you kcow,
this act fai ed i f pitsige, but to
tbe efforts of ths Memphis
bar in th b direction msy
lsiglybe attributed the Incregs9 tf
the falsry of the Supremo Judges from
1300.1 to 3 00. end the Circuit Jndces
frcm $:000 to I250D. The stcond acr,
relating to the piin'ing of the records
for the Supreme Court, wholly failed.
Tiii.t tbe prnting of such rec n'l
w:,u'd gr'a'ly faoilitate thedi3pateh ol
bmioees in the Supreme Cou t admits
if ro deoare. Its cdvt-n ag s are too
Bumeroi.s aod too pa eni'to jus ify
enumeri t oo I er it is soppoand by
many t e l qua ified to determine,
that the Supro e C urt ba iube'ently
tbepowert i order ruch records prk ted.
Fur rta8"ns thst ire tbvio 8,1 will
not drscuw tl isfiaiure of the queB
t'on; but li'ivo-e fora this aisocia
tion Ihe broule-t discu-si in, as a'so
the most unqualified expression of its
viows in relation thireto I would
r commend that tue s ai ding Commit
tee oa
Judicial apministration and reme
dial PROCEDURE,
or some special commitee be in
8'iucted to pratent io the ensuing
Ltgislnture ti e same bill and urge its
pa sage by all hono'ahle means. 'The
third act provided for an assipnmei t
ofeirosof fictorof law, or law and
fact, as the case may be, in all crs
t ik-n to the Snprema Court. It ah o
limited the record lo tu h mat ers as
pertained t)suchtss;giiuiea! of err i.e.
It prih'blted trie issuance oi wrreoi
error by the e'erk of the Sopreme
Court, except tip -n the order of the
Court, cr of a Judge. It provided
that the pled:n;ifl should not. be cop
ied at length iu the transcript, unless
some error ot bw is as-ixne s louching
the fame; but only a st .torrent of the
nature of.the complaint or acnon, and
of ths defor.B-B reliod on, aud as its
t t e impl ob, it repeals 3160 of tho
cod, which provides that no
appeal shall he d smifs d for
fdiure to ars'gn reiieons for
the appeal, and sectiors 3177 aod 3180
with reference to the pnwer of the
clerk to ifsue writs of error. This ac',
a you know, wholly miscarried, but
Ihe same or a a'milur act will doubt
less be praeented to the next Lc-g'sia-lure,
ahan and where, should it meet
the approval rf thia a'soti.it'on, a
proper committee from your body
ehonll units with a timi'ar commit
tefrom the Mempiiis bir iuu.g ng
its piBssgj. 'the full draft cf this act,
prepared w-th mnch elaboratr nesa of
detail, will bs found accornpanyiug
tho memorial from the Me.nphis bar,
to which I have niready reforrtd. 1
am not advbed as to what report cr
recommend ition will be preeented by
your Comui'ttoa ou
leual educat:o:; and admission to
TUB BAR.
The dutiis of this committse, as pre
scribed by 8 c:ion 7 o! your by-lawn,
ars "to examine ar.d report what
changes il is expedient to prr-pose in
the s'Btera and mrde of leg;.l educa
tion, aud of admiesii n to t e prac ice
of (he r r; fe-Bi m in ttie State of Ten
nesKoe." This is ci rt duly a suhject
tho impo:Ur;ce of which it ia difficult
to overett;m:itB. Much of the do
cadence of the poer and influence of
tho legal profetsiou in the Hwe o!
Teunejsne may he eai'y traced to the
1'npir'e t met nod, indeed I might say
the entiie want cf method, provided
by the laws of th:s S n'e with refer-
nee to this nbj.it. Th:e rra'ter bas
not been overk oked by your ass scin
tion. At our firat annual mooting, hold
in 18S2, a very able report was pre-B-mted
by the Committ;e on Legal
K lucitiou, compo ed ht that time of
A bruin L. Derno, John W. Burton,
Iiobeit L. Morr sand Audrew Allitou.
And at tho rec ird awnnal meeting the
then it indir it Committse on Legal
Kdiication und Admission t.i tbe Bur
reported a p!na for tbo eximinutiou of
applicants fur admission to tv o bar,
w th tho drr.ft of an act entitled "An
re to ainoiid
"tnil LAW RUOt'LATISO ADMIfBIOM TO
THH BAR."
. This acli waa caref u ly drawn, md
emhraces twelve sections. It provided
for iho repeal f sections 3!M. 3itt7.
3!IG7( and lUlliS of the Thompson and
Steger rod?, aud frr aa appom inont
bv the Supreme Court every two jears
of t.iree pe:8oi:slemiid in tha law,
from each gra- d i ii i m tf t' e 8:atd,
to net as a tioiird of exa jiiners for such
diviei n. No person to bn exam nd
ex ept u; oa a crtiflcnt of a Cir uit
JiiiUe i.rChauceih r t: at su h perroo
hail regn'arly end a'tent vely stud o.t
1 w f riwo years prtvi ma thereto.
Of crr e t uie will n t permit me to
m nt on in de ail the piovsions ol
s i lect, t ut 1 won d commend it to
the 8bs t a I n. Hn 1 refer yon t page
41 of the u lid'od pn c. eilinis of rnr
iwmd si nu 1 n eetipg. Ti iaact was
i ppMV.'i: br n s I'ut'Oii ol t e aasi c a
ti n, bir h hrr tie til waev r
I r seat d to the Leg 1 ituie or i o I
em not iti'or ied. I . ul 1 r;cm
in i.d that u .lev some r o i re iron to
t e ci'i tr. ry, or wune belt r p a i, bs
mg.este l ,t t ds tine' iw by the prw
1 1. tuiid m coniriiitt e o:i t is sub
set, thut tlv et 'ip.ii g cjjpm t e' t ) be
ruo n id et tl.i Hi' ('Im ho ehared
ir-Ven: ng yto, lo
t'o s to nse al proper meat a
lo pro
cure ita pans age.
1 know not whether
PBOBIBITIOI
will be dircuseed at this meeting or
not. We know that it is a question
agita'ingto no little extent a Iargs
number of tbe petp'e of the State.
Toe cons not ontd amendment pto
posed at tie last Legislature, and
which ia to be vn) at the ensuing
i ssembly, tf'j-pves the matter
a p!omiprV(ucnnot be ignored.
Ia this coiiWct on it may ntt be uoio
etructive to invite the attention of
those ititerettei to the opinion pro
nounced by Judje Brewer of the
United Stat?a Circu t Couit, in the
cse of tie Sta'e of Kpnsaa vs John
Wairuff, (0 the effect that tbe Ktta
pa-siog prchib.t on laws mast pay tor
the p'ant or tripe.ty of tbrss tbere
tofo'e leg illy emhiired in the traffic.
Io this inrtince it was said tbat 150,
C00 would be requited to reimburse
the owr ers for the value of ihe brew
ery, I do not mean by reference to
this decision to approve of ita policy
as a mat er of statesmanship, or
ita principle as 'at matter of
law. but merely throw it out
as food fcr thought. You are t-x
payers and citizens, and if ycur lea-n-ing
and invtstigaiion can aid tho
Legislature in avoiding an error, cr
arriving at a c rrrect crnclusion oa
any ccntcmolkted leui-la inn, it is
your privilege and your duty to speak
out plainly. This brings me to tbe
p irt of Baying that the association of
the City ot New Yi rk have a standing
cjmmi tse, whose duty it ia to
OBiERVE THE PROCEEDINOB OP THE
LEGISLATURE,
ro far es the general law is sought to
be amendsd or repealed, and to lake
such a t en in relation lueie'o as in
llisir wsdom may be proper; it
might be well for ns to have some
such commit'ee appointed by this as
sxiati n. It .is true tbat our com
mittee would labor under great d:sad
van'ages iu net having the pportuoity
oftbaning readily tbe Ecn-ie of the
assccifct.on on any pending legislation,
owirg !o the fact of onr membership
heing scittered over ths Sate. This
fact nrgl:'. impede, but would not de
stroy, the me'ulmssand vaiue tf such
a commi teo. This wou'd not be to
orizHni.o a 1 bb, with all its
attendant evi's Such a committse
as is suggested wonld be incapa
ble of any of the methods of the lcb
b.iet. Its duty wou'd be to appear
beloie the p-op. r legislative commit
tese, and aiidn ss cpenly and face to
laca such argu r ents as their experi
ence HPd learning might euvgoet, for
or aseiws', my proposal legitlation.
L is i b oivsh na what influence such
a committer conld wield. See what
las been accomplished in the Sta'e of
New York I y the committee from the
11 (r Aetojiaiion of the City tf New
Y rk. It bus, tesa'ou after session,
prevt-rt d ths passaae of an act pro
podng the adoptii n of the Field code,
which, in their opinion, was full of
iuir.erf.ttio: s, a:;d fina ly, when
THE CODE
wbs auopt d by tno Lig'slatuc, over
their p ot st, ttiat committee, un
daur ted, continued its labors before
tt e Goveri.or, whom they induced to
veto tin bill. The publi a'ions of the
rtar Asso ia ion of the City cf New
York on 'bis subject are extremely
IntereLting, and would well repay pe
rns d. Ami just her, let me suggeit
tbatbyprrper resolution yourstcrs
taiy be instructed to c rr-spend with
the proper ofttcers tf the . diffdient
Siate bar a social ions throughout the
country, lnokin to nn annnai ex
change of the publications of the pro
ceed ngs, and to make proper provis
ion for ths care and preservation of
ad publications received. Much val
vable inform ali n, in a email compase,
could be thus phcd fcttha dispowl of
th 3 d ll'jreut assc.ciations.' As germain
to our co-operative efforls to better
the condition of the profession in the
Slate, I would call your attention to
tbe law lihrary owned by the Mem
phis bar. B-fore doing to, however,
let me, on bahaif of that a-sic atioo,
extent an invitation to each and every
gentleman present to visit tbe rooms
ef tho library and sea for themselves
what bas been accomplished by tbe
rnr oi tan city toward oruaniz nit and
maintaining a l.-.w library. In Decem
ber, 1874, the a eocintion was char
tered under the n,ne of
TUB MEMPHIS BAR AND LAW LIBRARY
ASSOCIATION.
The objects of the association were
declared to he to maintain the honor
and dignity of the prote'sion cf law,
the promotion of scc'al intercourse
among its members arc! their im
provement; to aid ar.d ats'st in the
r.dminis ration of jut ceaodthe foun
ation of a permanent law library. The
cp t il ol eaid association was fixed at
$100,0( 0, (one hundred tbonsind d'd-la-s)
Hivi ed ititoehaics of $50 (fifty
d.il a s) ench, and to he nl'owed to
oriian 7.' ai eoon as $5000 (five thon
s nd dil ft-s) ol s o k was subscribed.
The aesociaiion was organized when
Kill rhare-i had b?eu subscribed,
amounting to SD500. It has been in
ancctwi-ful oper.iti'iu from that time to
the present. It has paid out
Kor-books $23,429 35
F ir foriii u'e aud fixtures.. 1,170 83
For sa'ary of secretary.....'. 9,450 CO
For incidental expenses... 5,051 59
Makirgatotalof $39,101 77
In addition to t';o books purchased,
thi ra have b 'en many donated, so tbat
the library today contains G735 vol
umes, va ued at 4.0,910, ombiac ng all
the roports of all toe States, f ederal
reportj, and nearly all the Eonl sh re
torts, with a full line cf tho best text
iio rrsa; wtiile open tbe tibles may bs
found the h ading law per'.odicnla of
the day. Tueahatesof stock outs and
ing a'e 228. nirouuting to $11,400. aud
held by rdxty members, so that if the
as jciution ere to go into liquid ttion
tlicr j would be a surplus of $13,01)0 to
bo divided among tho rtockho'dtc.
In addition to the owner.-h'p of stock
each memter tontiibutes $10 par an
num, payable quarterly iu advance,
for current expensfs. I hve dwelt
t! us at length npon the lnr-:vy end
condition of this r.eociatio", par ly
became the bar of Memphis taaes t.
pardonable pride in tbo work it l a
accomplished iu this direction, ij'1 '
causi? we bslievs tl;nt it may b.rvo a'
au incentive to other lecal bars ia b)s
State.
COCNTY LIBRARIES.
Outside cf ttie cities it might net bo
potable to form a library on so large
a scale; hut a' eviry county sta I am
sure tha', by proper co-operation,
snin 1 or imperfei t lihraries f th f ev
e al lawyers tonld be ct.nsi id t d so
as to f nn a t u 1. us for a law libr. ry,
the giowthar.d nt lity of wt ich Wi u d
a to.u'Bh ite memherj. Such a library
asso ittirn wou'd nntu ally lead to a
lo al bar tBS cia im, with its attend
aut ad?anh kcs. With co-cper.it on as
the central i etrf pio es-i in a 1 the
wa ks of hu-i'iv sj life, is it not a dt le
rt'aive 'hit the 'nwftr.BO a tut't)
d bc rn the r gnts of otheis, shou d be
tl e a t to S 'c th innuuierable a lvnn
tigis' f co-'p-ra ion ai d apply it to
tha benefit of his own pr fession?
THE STATK l.AW l.HIRARY.
In connect ii with the aurj ctof law
ibMrisa, itA av ba sllowelje to say a
K'n i.'Miefljri ttvr .riy fur-
niahed, or andertaken to be furnished
by the State. Perfoca'ly. I Lave bad
but little opportunity of becomirg ac
quainted with this library, but I ana
told by those wbo have had occasion
to examine it, that it ia extremely
meager and incomplete ; indeed, if half
. i : : ,i : . uA : . . n
lull us neiu ui iv w n. uc, ii won
be considered a disgrace to the State, t
Tbe Bar Association ot Tennessee f
should make it its business to so pre
sent the matter to the Lg:s'ature aa
to secure additions to this ubiary.su h.
as will meet ths necessities of thepro
feeeioa. I bave hal tne privilege of
examining the Jaw library, furnished
at the capttol by o'ber S:ates, younger
and less able than Tenne as- o to meet
ihe expenses of a S .ate library, and
have &lwya done co with a tense oil
shame and mortificat on at the insig-J
nificant collection lo be f und atthif
capitol of my own Stat. We knovf
that theie is a fccli-.h prejudice abroa
in the land againBt expending mone 1
by the Stats in any eiit-rpr ee that 15,
supposed to be for tbe benefit oft
the lawyers ol the State. This view. I
however, ia an extremely weak and,,'
superficial one, aod I will cot permit
myself to believe that co ttant, earn.
est and pereLtent effoit on the partly
the prot(8:iou will novr
r
move this prejudice anwuvuke fro
the Leiidatuie a liberal rovitio
Such a library as this Stste shoo
possess at its capitol concerns eve
department of tbe gove nniint, a:
every citizen of the Siato mteiested
the proper adminhtiation of tbe gd
ernment, as mntn, ii not more, tnan
doss the lawyer, personally. X wo
recommend, therefore, that a epec
committee (or one of your stand
committees it it would answer
purposs bet'er) be charged with tl
du y cf memoria'iz'n ihe Lsgielat
at its next stfsion upon idib sudi
And that in relation to tbe labort
the commi tee, every member of t
am.m,.un m.an in-au . - ,nu wuo'u
to personally interview aod solicit
members from tneir leepecttve cooy
we s'art into this mst'erwitbac
mination to succeed, if Lot wit hi
Leitislature, then the next, or
next, or the next, I am aura tbat
labors will not be in vain.
DEATH OF J0DOB BAXTER.
Since onr last meeting theprofe:
has been called to mourn tee dear
the Hon. Judge Baxter, Judge rd
Supreme Court of the Cf ritsd S:
for the Sixth Judicial Circuit
deparied this life on the 3d da
April, 1881 Though not a mcmbe
th e association, his eminence
lawyer and ai a dt'z'n renders it
improper that a mention of bis
and service! should find p ace
therecoidaof the B.r Assoc'atio
Tennessee. Judge Bax tr was born
N rth Caro'ina, in ltii'herford conn
on the 5th day of April, 1819, of Iri
Protfs'ant paientane. tie was adm
ted to the bar of North Carolina il
1841, ennsgad in a larga p'act'cs
li s piotesfion lor one ol bts year
Aher serving several terms in t
Ilouee of Represfntativcs of that Stat
b-ing Speaker of tho Houss in 185ii
be removed to Knoxvdle in 1856. II
seems to have indulged in no poli'ici
aspirations etter bis residence in ie
m-ssee, as be held no office exespt tha
of a delegate to the Coas itutioni.1
Convention ol 1870. He w as conspicu
ous and disiingoisied in bis efforts to
rehabilitate and build up the material
prosperity of his State aud r-niora tha
political disabilities of Ihe citizen, im
posed as penalties for p rcip'ation in
the civil war which bursts Tipon tho.
country low years a'ter his advent!'
to tne utate. much ttiat ia said ot i
him during the tr lubleeome limes in V
Kast Tennessee immediately following
the war would read like a romance to
those of ns who did not then cr 8ub,
S'quently have tbe plea-ure of a
peisonal arqusintancs with tha man.
IT' . . . 1 - , 1 J
ins K'L'uuiic irame, uis massive neau
and lire enkindled eye proclaimed
him as a man of action, a man of con-1
victiou and a man of biavery and of L
brains. It has been eaid of him that
he was too austere and brusque in his
intercourse with tbe b-r. lo some ex
tent this criticism msy be just, but it
is greatly exaggerated. He was prompt
to decide and slow to tolcia'e needless)
argument, and w.th a large accumula
ala. ,
1 oV
hei
dis-V
rfl
tion ol buBineas on the dockets
the various courts over which
presided, it was necs!ary to the dis
patch of hudness that he act pomptly
and deci ively. His lare learning and
exten-ive experiencs as alawyer, with,
tbe knowledge of elementary princi
ples, enabled bim to docide questions
with great promptness, li in doing so
he sometimes erred, as he unquestion
ably did, bi-ing human, h;s errors were
ou virtue's side. As time rolls on, and
when that dietaries which lends en
chantment to the view shall have ob
scured some of the more acute angles
in bin character, he will present a fully
rounded p c'ure of agrat lawyer, and
will live in the judicial history of Ten
nessee, side by sdewitb. those who
have rendered that history illus
tiious. 0TUER BAR ASSOCIATIONS.
In conclusion it may bs of interest
to the gentlemen present to know that
the youneer States are rapid'y wheel
ing into line with their St -to bar asso-i
ciations. 1 learn fiom the press o
the country that on the 12. h of Jann
ary ot this year tne Kansas fctate aa
Association held i's first annual meet
ir.gat Topeka. Its president iBh
Chief Justice of the Stats buprs:
Court, while the United S'a'es Circ
Judge dees patriotic duy iu the rai
by re.iding a pap3r. The Lenirai.
Journal, noticirg the meeting,
"Ihe leading members ot the
sion, on and cf! the bench
take hold and encourazo by
tion thoie who are lers g'l
more backward." In more th
body of this kind leading m
ou and oil tne bench, ee'ust
away and ess' the t.sk of mai
the organization upon their
To some extent the sams
could be passed upon the pi
in TerinefBoe. All honor
the i:st nauiahed exueLtioPS
this rule who bave adorned t
and other ineetirm of t,
T'T-nefsse Stato Bar Asfoe.iir
It ii of the first importance that
".eaibers cf the profession genera
vironuhnut the Stite. should ta
ore iutTeetin cur p ocoo linirs. T
oriranizaton ehould aesu'iie m
lOrtpciiis b li'y in regard to the yari
qriestiors tnat c rncera tne aumin
tion ol just ce. it is doi onreajo
lo expect that it 8' ould exercis
influence which leg tia a'oly pt
to an oiganization 1 1 its C ara
imp. rtance. The rone usiims
later r
I react
a, abM
here, after proper delib-ration.
be boldly asserted and stonily ma
tained, iu eeaetn .nd out ol seaon.
am nut unmu.ulul ol tne 100141
tht re is an idea prevalent in the
feseitn that Letiis'atnrcs entaeoi
whatever emara es from the oar.'
this be a fact at ad, it is ccrtaijly
tius lo the extent popolr'ymppo
and where true at all, it may rea
bly be s til to be bottonv d k t
extent on the conduct of the la
themstlves. It mny be t-at tho
iehne s of a few. t e s nietimes'
oftaadtr. a s ill em,,l er num
and tb nati nnl wani 01 nr;
mi'S'
mr "
purocsa aiu '
,.i.i 1..,.
mr
I
1
3
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