The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-08-29
THE BAR CONVENTION.

diately with the work of selecting the lands
granted BY congress.
THE BAR CONVENTION.
Proceedings of the Second Day ut Ia
coma-The Next Meeting In Seattle.
TACOMA, Aug. 2S.-(SpeeiaL 1.-The convention
OF attorneys continued its sessions yesterday,
the first business in the morning being dis
cnssion upon John wi.ey's paper defending the
judiciary from blame for the consequences Of
mob law. Judge McGilvra took different view
and declared that the responsibility rested with
bench and bar. He very emphatically main
tanned that if the supreme court decided cases
upon their merits. instead of aiding lawyers
who sought 20 thwars justice by dilatory mo-
tons, there would be no need for Judge Lynch
to hold court If the superior courts tried GRIM
inal cases as they tried civil cases, solely with
q view to the administration OF justice and not
to afford every loophole that techuicality could
devise for the escape OF q wrongdoer, there
would be no occasion for mob law. He CON-
pared the strict laws and the swift retribution
which characterized the British system with
the tedious aud vexatious delays common in
American courts, and claimed that the compari-
son might be studied with some advantage. It
was resolved, on motion of Mr. Fishback, that
the remarks be published with the paper which
had suggested them
Mr. C. W. Sharpstein read paper, which was
highly praised, on the hardships to iitigants i'm
posed by the heavy costs prescribed by the state
law. He pointed out that they were now almost
as high as in 1854, when the difficulty of trans
portation afforded some justification for the
heavy expenses of that period. He defen ded
the bar from the charge that they were actuated
solely by selfish motives; he considered 1t one of
the duties OF the profession to further the ready
ana economical administration of the law so
that all, rich and poor, might secure what rights
n
Mr.. Charles +. Fishback read q paper on law
OF community property. He touched lightly
upon the many Inconsistencies ana deficiencies
OF laws governing the liabilities and privileges
of community property, and suggested the
necessity of a modification especially where the
relations of the husband as a debtor seemed to
be unjustly affected by the benificent purpose of
laws passed for the protection OF wife and
children.
Judge HUMPHREYS presented q paper embody-
Ing reforms by the method of appealing to the
supreme court. One main feature of IL is that
the original papers in q case be sent up instead
OF putting htigants to the expense of printing
the pieadings or supplying copies. He used az
an illustration, that had it been necessary to
carry the lien cases on the Denny hotel to the
supreme court it would have involved an ex.
pense of 5000 He severely condemned the
requirement OF the state law and he was sus-
tanned by resolution affirming the principles
laid down, although there was some disagree
ment as to the best method to pursue. The
preponderence OF opinion seemed to be in favor
OF the practice in Pennsylvania and Wisconsin.
Dir. c. w. Seymour called the attention of the
convention TO the necessity for uniformity of
rules in the superior court, quoting the consti-
tuition and statutes 10 show that notwith stand
ing the indiscrminate use of the words "court''
and courts" the intention seemed to run
through them all OF making the superior court
one body with several judges, and not separate
body for each district. He showed how diverse
the rules are in the different districts, the number
OF rules running from seventeen in Pierce to
sixty-five in Okanogan. Many of the rules are
OF such character as to become something
more than mere matter OF convenience to at
torneys. and are often a source of danger to the
material interests of clients. He caused consid-
cradle amusement by asking If they were to be
compelled TO master the distinct and conflicting
intricacies of twelve separate departments, and
by his keenly satirical criticism of the want of
uniformity aroused his audience to continued
applause.
1t was resolved that the convention request
the judges to meet some time this year for the
purpose of revising old and formulating new
rules, at the call of Judge Liehtenberg, of King
county; Il that is done, one attorney is to be
selected from each judicial district to confer
with the judges
The afternoon session was devoted mainly to
consideration OF the proposed rules of the SUI.
preme court They will be submitted to that
body. committee of three was appointed for
the purpose of preparing a bill TO be presented
to the next legislature simplifying the procedure
In carving cases to the supreme court The
chair appointed II. j. Snively, of Yakima: Az
torney-General w. C. jones and Trusten p.
Dyer.
Attorney &c ueral Jones offered the draft of .
bill 10 regulate the bringing of suits in the su-
- =. IL
Gently adopted code of New York, with some
amendments taken from the Wisconsin and
Minnesota codes. The material change is that
there would be no publicity until the defendant
had had an opportunity of avoiding suit by
private settlement of cause of action The
bill was referred to the same committee as the
other.
resolution was proposed by Mr.. stradyiek
that it is the sense of this convention that pub
lie necessity exists sufficient to warrant the call
Ing OF special session of the legislature and
that the legal measures Endorsed by the conyen-
ton be submitted at that session.
Judge Tyler opposed it: the calling OF spe-
cial session should be lett TO the judgment of
the governor There was an important political
question involved.
Judge Lair Hill thought they had got along
very well under their present rules for twenty
five years and he believed they could struggle a
little While longer without going TO the expense
OF q special session.
MI Snively said ii was generally conceded
that public necessity existed for special
session, and Judge Hill suggested that the mo-
ton be amended 10 read that ''if the governor
call one he be requested 20 include these meas
ures."
There was considerable discussion over the
form IN which the resolution should be eouehed.
and Judge Hill drafted one in accordance with
his original suggestion, and il was adopted
Inc convention adjourned at $50 to paw
visit TO steiiacoom al the the invitation of Presi.
Gent Abbott, of the electric railway
The last session was held on board the cars
Very cordial thanks were voted, on motion of
MI. Fisback, to the bar Of Pierce county for its
royal hospitality Complimentary votes were
also passed 10 Judge Elwood Evans and Senator
lrusten 7. Dyer. The convention adjourned to
meet some time next August at Seattle, details to
be fixed by the executive committee of the state
Bar Association. The committee was also in
suucted 10 select delegates to attend the next
national convention.
The American Bar Association.
BOSTON. Aug. &.-The American Bar Associa-
ton today adopted the report OF the special