The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-29
The Judges and Attorneys Com
plete Their Task.
FEW MATERIAL CHANGES MADE.
Majority Of the Convention Expresses
Satisfaction Generally With the
Present Rules.

me conyea iioa got right down TO business a
soon - quorum was reached. Judge Allyn
moved that the old rules be taken up and read
sssissum.
JUDGE uehtenberg said the main object of the
eouyenfion was TO adopt set Of rules which
ebaII be a. near uniform as possible throughout
the ststs he reminded them that this conyen-
ton was the result of general dissatisfaction
expressed by the bar meeting in Tacoma. Au-
gnstZ. The trouble was not with the general
rules, but with special rules made by the judges
He protested against the judges spending their
time and accomplishing nothing toward meet
ing the wishes Of the bar OF the state for uni
form set OF rules He thought ali would con-
cede that the Old rules must be revised, but he
had long come to the conclusion that Ii would
be easier 10 formulate q new set, and he had
asked Mr.. shepard to draft tho scheme which
had been placed before them. He did not be-
Hsvs they were perfect-no set OF rules could
te-but he maintained that the judges would
more quickly arrive at q better result If they
abandoned the old rules at once.
Judge Allyn regretted that discussion of
that character had been originated, but he must
challenge the position OF Judge Lchtenberg
He Gid not think they should swallow down
Mr. shepards rules in hurry In preference 10
those which had been equally carefully pre-
pared and adopted after very patient consider
ation. With three exceptions he had failed to
fnd one dissenting voice TO the opinion that
the rules adopted at Tacoma were acceptable,
and the only difference was In minor details
He did not refer to special rules, but at the
Tacoma convention it was the universal con-
census OF opinion among the judges that special
rules were necessary under q condition
which found three judges In one county
and one Judge In three counties. In his
judgment the need of this meeting was very
slight a. TO the general rules. A TO the special
rules, he thought there might be some advan-
tags in debate. He protested most emphatically
against discarding the old rules, which he de-
eiared to have given general satisfaction.
Mr.. Shepard deprecated any assumption by
the convention that his draft should be ac-
cspted. 1t was question that should be ap-
preached IN q broad spirit He had taken the
old rules - basis. and arranged them
with the special rules and endeav-
orsd to place them in logical
sequence He then went over the schedule:
Judicial business, when and how brought to
hearing; pleadings and other papers, form and
substance thereof: service OF papers; amend
nents; motions and demurrers, when and how
brought to hearing; assignment OF causes for
trial; procedure on hearings and trial; taxation
OF costs; directions to the clerk, construction
and modification OF rules. He submitted that
this provided in regular order for the progress
OF q case.
Judge Osborn moved that they proceed to dis
euss . code Of rules with that schedule as a
basis.
Judge Humss said he understood from Judge
Allyn that the present rules give general salts
faction; IL that were so it was unnecessary to
revise them. He thought If only q few minor
changes are to be made they had better delegate
the task to = committee. and let 1t report to the
main body at O'Clock. If the rules give salts
faction, that is enough.
Judge Allyn did not believe they could accom-
plish anything on any other theory.
Judge AeClinton said the rules prepared by
Mr.. shepard seemed to him to be in the inter
est OF attorneys praeticicing in two or three
counties, but he was satisfied that throughout
the state they would delay and not facilitate
business.
The entire subject of taxing up the rules
seriatim was then laid upon the table, and Judge
Humes renewed his suggestion.
Judge Upton moved TO repeal section B Of
rule %, a. TO attorneys rising 10 address the
court, and forbidding conversation In court.
tLAughter1 After a little discussion. the mo-
don was lost and the rule retained.
Mr.. shepard said, ss his rules had been Out.
city shslvsd, he would ask the appointment of q
committee 10 prepare q rule that non resident
attorneys should DO entitled to notice. He cited
several instances TO show the justice of this,
unless the convention intended to isolate the
counties and forbid clients employing any but
their home attorneys.
W. y.
Pierce counties had practically such a rule, aud
he moved that Mr.. shepards proposition as laid
down in the draft be adopted; this makes Sat
urday motion day, and forbids hearing of mo
tons at other times except upon five days no
tce to the adverse party.
Judge McClInton said where judges had more
than one county il was impossible to work I'M
der the rule.
Judge Upton said IL was about five times too
long; he favored the practice east of the noun
taias. Whenever a motion or demurrer
fled IL lay imperative until notice had been
served upon the other side. Across the noun
tsins service by mail would be considered very
Objectionable
Mr.. seofeld offered substitute providing for
one day In the week for motions without notice.
Judge Graves, after long discussion, said
they had better face the conclusion that uni
formity a. 10 notices was impracticsble, and
attorneys must resort 10 consultation Of the
special rules OF each county.
The whole matter was then tabled, but later,
on molten of Judge Allyn, committee consist
lug Of Judge Upton. r. E. Shepard and W. c.
sasrpStein, was appointed
Judge Campbell moved that rules Fl and - be
repealed they were covered by statute;
agreed 20
Mr. Goldman moved 10 strike on, Judgment
or decree" from rule Is, that point was
Covered by section oi rule %, but after debate.
That and other amendments failed of q su sic.ent
majority, and The rule stands.
Az the afternoon session a discussion took
place upon proposition of Judge McCiintou to
nave CO unset submit in writing points for In
srueton and the court instruct the jury on the
laws OF the case in criminal trials. in writing,
Nthe close Of evidence in order 70 check the
Practice OF counsel 10 each state his view OF the
Jaw and confuse the jury. His theory was that
0f doing this the argument Of counsel would De
nors closely confined 70 argument on the
.sets
Tie plan was very generally discussed but IL
sesmed to meet with no favor and was with
drawn
Judge Robinson moved TO amend rule :. so
eat Il Will read after issues Of fact Joined no
amendment 20 any pleading except during
Haap Will be allowed 70 be made 1t Was
adopted
Judge Bloomaeid moved to amend rule II. 80
Nlat only on the permission of the court Will an
ss'ofaey tsstiiylng q witness he allowed 70
aisae case. This also was adopted.
Al attempt was made to abolish the twenty
minute rule as 10 motions o. demurrers, but Mr..
". {. shsrpstein succeeded in having IL re-
ssnso modified 10 ten minutes.
M shsrpstsin also advocated amendment 70
setion OF rule t. SO that copies OF sfidavtis
sAa EXHIBITS used motions shall be served.
sad was adopted
Judge Upton resisted an attempt TO extend the
we Tor rsspond}ag from one 20 i've days. He
explained that he adhered 10 that rule ia jury
'4sss but be otherwise allowed ten days.
NJ shsrps.ejn endeayored 20 amend rule $,
extending tue time 10 Ave days, aud this
psV'ed one otthe most vexatious amendments
y. attempted. Il fnalIy resulted in the rule
being lett intact
saage Graves called on Mr.. shepard 20 read
~ report O. the committee appointed 10 pro-
sals requiring service OF notice OF mo
1oas or demurrers