The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-28
THE BAR ASSOCIATION.
SECOND DAY OF TIE MEETING AT
BOSTON.

EO5IOE.
An Invitation to Attend the Aunua
Public Congress of Jurisprudencs
Accepted, ana Committee APP
pointed-The Annual Address of
Alfred Russell, L. L. D., OF Michigan.
BosroN, MASS, Aug. 2-To-day's ses-
sion OF the American Bar Association CONS
menced this morning at 10 o'clock in Horti-
cultural hall The business of the second
day Of the meeting consisted of the reports
Of standing and special committees pre-
ceded by the annual address, which was
delivered by Hon. Alfred Russell of Michi-
gan. Before listening to the address the
assembly transacted some business.
AN INVITATION RECEIVED.
President Baldwin, calling the meeting 60
order, stated that be nad as the representa-.
| tive OF the association, received Gu invita-
| tion to attend the annual public congress of
! Jurisprudence, to be held in connection With
the Columbian exposition at Chicago under
the auspices Of the United States govern-
ment.
Secretary HInckley moved that the chair
appoint q committee OF seven TO at In
reference 60 this invitation.
President Baldwin called for the opiu-
ions, and the delegate from Missouri moved
that the matter be referred to the commits
tee on Jurisprudence.
This was opposed by Secretary Hinckley,
and the motion was defeated by a close bal+
lot.
The vote was'then taken on the motion to-
appoint special committee Of seven, and
the chairman was authorized to appoint
such committee.
! TIE ANNUAL ADDRESS.
After President Baldwin gave notice OF
general council meeting at 1880 o'clock this
| evening, he introduced the delegate from
Michigan, Alfred Russell l.. i. D., of Dart
mouth, who delivered the annual address
before the association. taking as his subject
"Avoldable Causes OF Delay and Uncer-
tainty in Our Courts" The following are,
EXTRACTS FROM THE ADDRESS.
My theme is delay and uncertainty in our
courts, and not in the law. The law ITSELF,
| whether codifed or not, which silently governs
| the great mass Of affairs. always, everywhere,
and for all. 10 translate the motto of the church,
| 'senipeT. ubi9te 40 O1iHfbWs," -" and which hap
ply disposes OF the great majority OF human
controyerses without resort TO litigation at all,
is not chargeable with reproach
As to delay 1t is commonly attributed in our
| discussions TO faulty and antiquated modes OF
practice pleading and what is termed proceed
| ure In general
But there are deeper causes, aside from these,
and which lie back of these which are more
fruitful Of delay, and to which | will ask your
attention. And Will divide my slight sketches
into -four parts; and will speak OF lawyers,
juries, judges, and ono jurisdictional provision,
and its perverson, in the federal courts, and in
this order, severally responsible for delay
and uncertainty in our courts, in varying de-
grees but oil to an important degree.
Delax is firstly caused by the choking up OF
our cotirt calendars with causes which never
| should have been brought and which never
would haue been brought, If, in strict fidelity TO
duty, the counsel had exhausted all means 70
4 ifar in ftsad not
self a sutor in the name OF mis- ciient,
Numerous cases of contested wills claims
against estates, private land claims, and the
like I'll our court dcckets, which would not be
upon them If the common law in this regard
bad not been changed And Ii may be here
noticed, ,'also, that, b. reasons OF modern con-
| ditious Of production and transportation a large
part Of the business of courts in ell parts Of the
country, has come to be composed OF what are
called negligence or accident cases. These cases
| are almost always brought upon agreements
for contingent fees. Without such agreements,
Undoubtedly, a great part Of them olld not be-
Ibrought at all and there might be, perhaps. o.
failure OF justice In some cases. But may
be reasonably sure that cases of this kind pos
sessing actual merit would either be disposed
OF by equitable settlement or would find some
lawyer OF standing who would take the case,
| without remuneration, or at any rate. without
| an antece tent bargain
| There should DO no temptation to bring friv-
olous suits, to oxaggerate injuries, or to use
juries as instruments of extortion, and, In the
| Judgment of most educated jurists, the honor
| and dignity of the profession, to uphold which
is one Of the declared objects OF this associa-
ton, would be safer IL such agreements as are
now authorized by statute should be forbidden
by statute. If forbidden, certain IL Is that 80
considerable part OF the business OF the courts
would disappear, that much less complaint
could be made Of delay by reason OF a crowded
calendar. :
Let us pass rapidly and by natural transition
TO what may be deemed the second principal
cause, and perhaps, indeed. the chief cause, of
delay and uncertainty in our courts-the jury
system in civil cases. AS TO criminal cases, con-
siderations OF q different character prevail which
cannot now be treated.
In It's existing practical operation, it would
seem as If the Jury system in civil cases we're
purposely coatriyed TO produce delay and un-i
certainty, particularly taken in connection
with the division OF the sessions of courts into
terms IL is not convenient TO discuss this
division OF the subject now with full elabora-
tion. am among those who believe that this
system has outRrown its usefulness. We
have no crown, no arlstocracY no established
church, no servile judiciary, no press censor
ship, no limit TO the discussion of the acts OF
our rulers, no restriction of public meetings for
reform, no hindrance to universal suffrage or
| universal education; and it is time that We
| should have no jury IN civil cases This insti-
tuition grew up alongside OF those other institu-
tions, which we have repudiated, and as ne.
| csssity to protect the masses in their personal
and property rights against the privileged. No
necessity whatever OF that kind exists here.
understand, indeed, that the English bar are
|
the institution iu England.
With the disappearance OF the jury in civil
cases. nine-tenths of the will cases and the acci-
Mt cases and the like would also disappear
from our court calendars. Some sources OF
professional income would be dried up, it IS
true. But we must remember that the profess
sion was made for the public. and not the public
for the profession.
PAN-AMERIoAN CONGRESS COMMITTEE
The chairman announced the following
named gentlemen as members of the CONS
mittee to take action regarding the invita-
tion to attend the Pan-American congress
at the worlds fair: John W. Carry of ILL.,
nois, d. w. Calvin Of New York, John b.
Ssrborn of Minnesota, o. s. Nettles OF
South Carolina. S. f. Hunt Of Ohio. L. l..
Scaif, Jr, of Massachusetts, John B. Glib
bons Of California
II was also announced that the total nun-
Der OF members in attendance on the cons
vention is 172 The largest number ever
before in attendance on any convention was
1853.
The conventihn then adjourned to accept
an invitation OF the Boston Bar Association
for trip down the harbor.
To Suppress Drunkenness