The Portland daily press., 1889-08-29
MEN or LAW MEET IN CONFERENCE.
Twelfth Annual Session OF the Amer
lean Bar Association.
President David Dudley Fields Ad-
dress to the Members.
mr.. HII's Scheme for Revising Our
judicial System.

CHICAGO, Aug. 2S.-The American Bar
Association began its annual session at 10
o'clock this morning In this city, with
large attendance. The meeting was called
to order by the venerable turist and legis-
lator, the Hon. Lyman Trumbull, who made
a brief address and introduced President
David Dudley Field. Addresses Of welcome
to the association were delivered by Mr..
Francis Laekner. on behalf Of the Illinois
State Bar Association. and by Mr.. Ethelbert
Callahan, on behalf Of the Chicago Bar
Association. To these the Hon. David Dud-
ley Field responded in behalf Of the Ameri-
can Bar Association. Mr.. Field having
discharged this duty, proceeded to deliver
his address.
After a complimentary alluslon, in his
introduction, to the growth Of Chicago, Mr..
Field discussed the relative merits Of the
system Of annual sessions of Legislatures as
compared with the biennial system, which
has been adopted by all but eight States, and
gave his opinion IN favor Of the annual
sessions. He did not think the change a
wise one. 1t did not appear an encouraging
sign for republican government. 1t Is bad
omen when there Is fomented, as there Is
now, general disrespect for Legislatures.
Mr. Field gave in alphabetical order Of the
States a most comprehensive statement Of
all the important acts adopted during the
past year. He followed with some observa-
tiOns respecting the true place Of the lawyer
in an American Commonwealth, and respect
ing also his public no less than his private
duties. OF the latter, he said the question
sometimes arises whether lawyer Is bound
to give his opinion to every one who asks for
II and offers q reasonable fee. l think he
is.and especially do think he is so bound so
long as in the present chaotic state OF our
laws the client has no other means Of know
what the law Is. The State does not inform
him and he can have no other recourse but
to the person who has. waded through the
chaos and dug out the law. III one lawyer
may refuse to give his opinion, so may
another, and then the client be left in
ignorance Of his rights and his duties.
Therefore, think lawyer Is bound TO
deliver his opinion to every conner, with this
qualification, however, that II he knows that
his opinion will be abused for unlawful or
unjust purposes. he should withhold it.
Mr.. Field then proceeded to speak Of the
delays in administration OF justice, which he
ascribed in great measure to the chaotic con-
dition Of the law. and this quickly brought
him to his fav0rite subject Of cOdifcation.
what is required and what must, at some
time or other, be undertaken is treble
process, the process Of elimination, the
process Of condensation and the process Of
classification. This performance would
make code, call 1t by whatever other name
you please. That such work Is the in
evitable outcome OF American Institutions /
am confident, and beg leave to command ii
to your earnest attention. Many lawyers
are frightened by the idea Of code, or,
rather, should have said, by their idea Of
one. They imagine 1t to be revolutionary.
something that would take away the
substance OF what they are accustomed to,
and force them to learn new system.
These persons greatly err. The arguments
for and against a code have been 80 fully
discussed that he who runs may readi
though l fear that many Of my professional
brethen do not much concern themselves
with saeh discussions. l shall not here
enlarge upon what / conceive to be the
advantages OF codihcati0n to the lawyer and
the Judge; will regard Il only in Its rela
insist that it Is the the first duty Of Govern.
ment TO bring the laws to the knowledge Of
the people," In speaking Of the similarly
chaotic state OF the laws In England he said:
"A great many members Of our profession
have superstitious reverence for the law Of
precedents, or what they call the common
law of England. bet me remind them that
a late Chief Justice Of England pronounced
the present condition Of the law OF his
country to be simply chaos. During the
century that has elapsed since our Tevolu-
tion, the laws Of England and Of America,
following in the footsteps Of England, have
gradually gathered to themselves fragments
OF many other claws, and have elaborated
many that are new, until at last We see
spread before US the vast conglomerate Of
to-day. Let us collect and bind together In
their appropriate places what we have. and
then we can better tell what more we need
my closing utterance from this place to
the members of this association and to all
the members of my profession as well--a
profession to which have devoted long
life and which l greatly honor-shall be In
these few words: You must, Of course, be
true to your clients and to the courts, but
you must also give speedy justice to your
fellow-citiZens, more speedy than you have
yet given, and you must give them chance
to know their laws"
At the afternoon session, paper were read
by Henry B. Brown Of Michigan, on Judi
cial Independence" and by Walter b. Hill
Of Georgia, on "The Federal judicial Sys-
tem."
Mr.. Brown argued that the independence
Of the judicial department., from the execu-
tive and legislative departments lies at the
root of the American political system. He
said the ideal mode OF choosing judges was
yet to be discovered. He believes trial by
jury the best method devised fo- the deter
mination of criminal cases.
Mr.. Hill said: ''The federal judicial sys-
tenn, in its present condition, is an example
of the violation and denial Of some Of the
fundamental principles that should govern
referring to supreme court cases, that the
mere pecuniary size Of the controversy
should be wholly disregarded in all cases
where the fact Of citizenship alone confers
Jurisdiction, and the right to review should
be made to depend upon certificate, by at
least two JUICES, that the question involved Is
one Of such novelty, or difficulty, as to re-
quire decision by the Supreme Court. H0
claims that politics are responsible for the
delay in remedial legislation so much needed
in the federal judicial system. He suggested
resolutions fayoring the creation Of an inter-
mediate appellate court for the purpose Of
relieving the supreme court, and providing u
tribunal for the review Of decisions by the
district and eircnit indges sitting alone.