New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-08-21
TIE BAR ASSOCIAHON.
TIE ANNUAL MEETING BEGUN.

THE ANNUAL MEETING BEGUN.
NEw-ENGIAND AND THE WEST LARGELY REPRE-
sENTED-ADDREssEs BY Mr.. BROADHEAD, OF
ST. LOUIS, AND Mr.. CHILD, OF CONNECTICUT.
tFEOM A SPECIAL CORRESPONDENT OF THE TRIBUNEl
SARATOGA, Aug. 20.-The convention of the
American Bar Association was called to order soon
after 10 o'clock to-day in the Town Hall by Luke r.
Poland, Of Vermont, chairman Of the Executive Com
miltee. The attendance good but the bar OF New
England and the West more extensively represented
in proportion its prominence, than that OF NewYork
City. Among the Independents the platform
we're Clarkson N. Potter, OF New-York, Edward ].
Phelps Of Vermont II. Q. Keas0ey, OF New-Jersey,
Richard j. Gettings OF Maryland, H. II. Wells. OF the
District OF Columbia, o. s. Seymour, OF Connecticut, C.
". Stanley. Of New-Hampshlre, Rufus King, OF Ohio,
and Henry Hitchcock, OF Missouri.
President Broadhead, OF 81. Louis Tread HIS annual ad
dress reviewing the laws adopted by the various states
since the meeting OF association year ago. This
review was confined statutes In which the members
Of the association had special interest He dwet at
much length the provisions or the new constitution
of California the most striking and peculiar legsia-
ton OF the year
United States Disrict-Attorney Calvin G. Child, OF
Connecticut read an entertaining paper on Shifting
Uses from the Standpoint OF the Nineteenth Century"
The instances Of shifting which he considered were
Cd In tine jury system t2) In the term OF judicial
office. 90 In the bread-gettlng Of the profession
After referring TO Blackstones definition Of tra By
iurv As determination by the unanimous suffrage OF
twelve OF ones equals and neignbors indiherently
chosen and superior all suspicion he said that now
we rarely ind panel OF twelve Of ones equals superior
IN all susplcon We now know little Of jurors that
we designate them by numbers The iurymans reia-
lions may be adyersary's father aud
mother for aught know, and the de-
termination OF his suflciency or insutlciencY
complete illustration of walking by faith and not by
sight; indeed sometimes ind, after verdict, that
+b,u rfon farfh
that faith without works Is dead An omnibus load OF
ordinary passengers IN our large cities, II landed IN the
tury-box furnishes safe panel the twelve provided
by the Constitutional authorities average cases full rs
likely to do justice and little likely 70 err.
propose certain lines OF thought for the association
possible remedies commenting them 70 your future de-
liberation Representing the American Bar. there Is an
influence here which be felt throughout the land
II once exerted, and TO that influence l appeal for
such action may be TO a degree. II not
absolutely, unison, through legislation or
otherwise in the several states. The remedies suggest
are % more careful scrutiny Of the iurv-box, and
higher standard FOR service urymen 81 Compulsory
service 80 far "a practicable fact well theory
81 Exemption from liability TO duty after service untla
specific time has elapsed l Increase IN the number Of
uerpmpory challenges aud above all fearessness in the
exercise OF right 70 them 20 decent remuner-
alton for iurymen when drawn upon the panel"
Mr. child advocated these remedies with much force
NJ arlnmeut and variety OF Illustration He said that
the necessity of higher standard IN the service was
shown by everyday experience The system stood self
confessed as inefficient whenever important case
went struck jury for the reason that the distrust 0t
the ordinary panel proved the necessity Of more dis
terminating selection of triers The interests OF
lawyers aud clients one in this matter,
and the longer there Is delay, the greater
the danger the evil assume such proportions as 70
be outside our cOntrol-an evil IN my Judgment now
within reach the profession snglehanded to remedy
aud Of SO grave character thar We owe 1t to ourselves
and Ia the honor of bar that jury system should
be lifted above the possibility Of party poll !
tics WHITTIER In certain eases, there seems
likelihood or IT'D drifting and 90 demand so long as 10 II
an element IN the administration o. justice, mtesence
ute protection IN the discharge or Jury duty throughout
Mr. Cd s ssesfe that II success should be attained
IN establishing higher standard 81 jury dl{ m ght
be- we'll 10 consider whether a majority verdict might
noC pe I'D nHcesarIiV be unanimous He urged
that the courts should hold all iurymen TO |
their work, and insist upon the ailehnahcr !
Of me eninentlY respectable alike with the more
humble a. "A positive obligation due TO the State. He
suggested Tor state practice statutes limiting service
a. On aeu 20 benefit bOth htguts and iurymen-lt
PANTS Nv securing less preiudced trier- jurymen %
tntv Until recently" Mr. Child sand, the /
United states required jury service ar bat one
term In a period or rwo years aud made attendance
frequently ground Of ch7eDgei sta'uie which
IN wOud have been wise % retain, bur which re-
peaed as understand. by the new Judicial Expenses
bu.-why Il D. am auii To conceive. -,
with gard TO Deremptoy challenges, Mr. hid held
challenge option OF course within proper limits,
II an lnseparaDe incident IL occurring ulaI oy ones
peers. An Increase Do the " OF jurors was favored
Mr. Chlld considered the subject OF an elective judiciary
and judicial terms at length and urged judicial tenure
for good behavior a. "uue or the best securities
Of nights and liberties 81 the people ana /
most conducive the honor Uf The Republic lie then
took topic OF the pccuuiary ciauOns OF tue pro-
fpssIOu % the public lie asked; " Ougbt not unit 20
be placed upon speculative charges. aud restrictions
other than silence De thrown around me pan OF au
dto aud division ~ lie gave ns reasons clearly ana
poIutedly for answering the question IN the Affirmative
At the evening OF the Bar Association, Henry
Hitchcock OF So Louis. read paper upon lnyi0la-
b,llty OF Te.esrams." which q discussion Of the
question whether courts and legislative committees
nave the unqualified right. by or subpoena duces
t.cum 90 compel production of kilograms from tele-
graph Offices 10 be- used In evidence.
he urged that IN view of the exceptional features OF
the telegraph service necessity " It's general employ
uept and the accumulation Ot private tele-
rraph Offices % was the duty OF the courts to take
-pecal precautions against any such abuse Of their
process aud since tie United statx supreme Court
have held that the telegraph service u within
the control OF Congress equally wItl that Of
the maI.., 10 was suggested that the safe
guard would be- found IN Congressional legislation
wuich should proteci priv ie mt.saE-s W. thlru
u,rsuus not 900 against disclosure - telegraph e-
moves bur also AGAINST cUu 5UsOrF legal process, eX-
cept VA appl cation supported by affidavit prma ace
showing ae puFport relevancy ana competency ~ tue
n rfuuv 10 SHOW cause. wherever practicable, % all
parties neerued 10 sloud also provide, besides pen
Aides for false fOr the ecoyery OF exemplary
damages against any person WLuly or ma ciOu>Y pro
curing or Htfem9tlng 10 rrocufe the unnecessary "i9
clos r. % auy privat- hlrsst+c
The d per Wa. listened 90 with much attention
George A Mercer ui savannah, "a, folio yea VIII an
essay on tAe RpaLOushlp OF Law aud Aatonhl sphit.
tnat the fundamental Constitution VI