Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-06-29

eglslate; the nuctCeuDS enu connlctcg
decisions of the courts on many points, all,
be said, illustrated the fact that changes
are taking place in our jurisprudence
that progress is making and development
going on. Whether il is wise and judi
cious in all cases need not be assumed.
The fact remains to confront those who
hold that the system is complete and per-
feet. 1t is the part of wisdom to reccg-
uizs the fact, and 60 far as may be, to give
proper direction to the development that Is
sure to take place. he said:
'It is certainly
A MATTER OF GREAT MOMENT
that the rules governing the conduct of
men, land securing them in their
rights of person and property, be
certain and stable, but it is at
least NO less important that they be ade-
q nate to the purpose, and just in them
not in any abstract sense, but
lust as being in accord with the common
sentiment of mankind. The ultimate OBJ
ject of any system of Jurisprudence is to
do Justice. The doctrines OF the law are
for this purpose; and their tit
ness and soundness are to be tested by this
and their capacity to effect
this result. If they are found from long
to be vicious or unsound, they
ought to be eliminated; if imperfect or de-
fectiye, the defect ought TO be cured ifsound
and adequate, they ought to be adhered to
with firmness and tenacity, and any true
must be made in this direc-
ton and along these lines. That such adj
yancement may gradually be made, with
out weakening the foundations OF the sys-
TEN, or affecting its great outlines, l think
is beyond question. Progress has already
been advantsgeously made, and 1t is not
in the power of the profession to arrest IT,
even if they were so disposed"
Again he said.
"The present state Of the bar shows
some tendencies from which interences
NAV be drawn. 1t is a matter Of common
remark, perhaps, 1 should have said COM
plant, that Courts, in order to do Justice
in given cases, have either ignored or i'm
interpreted common bar princi'
pies. If this complaint is well founded it
means that some common law rules, If
strictly followed and properly applied,
lead to results not in accord with the COM
mon ideas Of practice. If this is trae it is
a potent argument against the soundness
of some of these rules"
This point was illustrated in very in
teresting way by a citation Of the treat
ment by Courts of actions growing out OF
insurance policies and contracts, which
were not treated as other contracts are.
President Jacob then proceeded to
MAKE SOME SUGGESTIONS
as to how members of Bar Associations
might make their organizations useful and
and concluded as follows:
"But whatever method may be adopted,
my plea is not for innovation or change,
for the sake of innovation and change, but
for progression such advancement as
more enlarged views, a clearer sense OF
Justice, aud greater enlightenment de-
maud All departments of learning are
moving forward, and members of profess
sion that acknowledges no infsriority In
intellectual force cannot, must not, stand
still, and the West Virginia Association
has declared that advancement is both pcs
sible and desirable, aud in 20 doing it has
acted wisely"
President Jacobs address was warmly
applsuded. A paper by Hon. John j.
Davis, upon the topic OF Legislative
Power" was upon the programme, for the
morning session, but as Mr.. Davis was
absent, this matter could not be carried
out An attempt was made TO have Hon.
d. B. Lucas make some remarks upon the
subject of Mr.. Davis paper, bat he declin-
ed under the circumstances.
Me. HUBBARD's PAPER.
Mr.. H NJ. Russell here suggested that
possibly the gap in the programme might
he filled. with the paper assigned to Hon.
w. p. Hubbard, which was on the pro-
gramme for this mornings session. Mr..
Hubbard had been called away by urgent
business, but his production had been left
in the custody of the speaker. The Asso-
citation elected to have the paper read by
Mr.. Russell, and that gentleman proceeded.
II was listened to with great pleasure by
gentlemen present, the wit of the author
svoking frequent bursts Of laughter and
applause. The document will be found IN
full upon the inside pages OF this issue.
The discussion upon the paper was ably
opened by Hon. D. B Lucas, who spoke
for half an hour, calling attention to and
emphasizing many of the points made by
Mr.. Hubbard. and suggesting new ores.
His structures upon the methods of parlia-
mentary procedure were particularly we'll
received He said the system was relic
of past age. 1t was adapted to time
when Knowledge was not so general as now,
and when the art of printing WAS still in
its infancy, but was entirely out OF place
at present, and should he superseded by
something more modern, Why he
asked, SHOULD bill or other measure be
read three times by q clerk before passing,
when probably every member of the body
has had printed copy on his desk for
daysP" He characterized the machinery
OF Congress as 80 oumbrous as TO almost
prevent the passage of laws, and pointed
out instances where important measures
were not got through for years-the Inter-
State Commerce law being case in point.
Mr.. Lucas was followed by Hon. F.
Martin, who spoke briefly, calling stten-
ton to one or two desired reforms in the
law relating to the removal Of causes.
Mr.. Hubbsrd's paper was ordered
printed.
NEW MEMBERS.
The Committee on Admission Of New
Members submitted the names of W. W.
Arnett, S G. Smith, and B. B Dovener,
of Ohio county, and J. r. Braddock and J.
G. Mitchell, of Brooke county, and they
were enrolled.
The attention of members was then
again called to the afternoon excursion to
the PAX, aud ut 1915 the Association ad-
iourred until 10 o'clock this morning.
OUT AT THE PARK.
A Delightful Afternoon Spent at This Pop
ular Resort.
At 3 o'clock in the afternoon about
thirty Ave members OF the Association
boarded the Elm Grove motor line train
and were whirled away to the Park, where
they were joined an hour later by several
additional members and two or three
oIaro,r,,.., If tha c;tv cbprcbao Savarol