The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-07-19
LAWYERS In SESSION.
The State Bar Association Well
Represented.
ACCESSION TO ITS STRENGTHS.
Able Pxper on Community Property
After . Former TreasureF-Presi-
dent Arthur's Address.

yesterday morning IN the rOOfNs OF Tue
Chamber Of Commerce with First Vice
President George NJ. Forster. Of Spokane,
acting as chairman. owing TO the absence
Of the president, John Arthur. who was
attending court This meeting is really
an adjourned meeting Of the Sixth annual
session held ia Olympia last January.
TIE attendance IN the morning was light.
as IL was understood that the heavy WORK
OF the days programme would not come
up before afternoon. but in the afternoon
there was gathering of about 200 lawyers.
representing almost every county In the
state. Organization was perfected al III
O'Clock by Mr.. Forster, with Secretary y.
8. Porter. of Olympia. and Treasurer J. b.
Howe. OF Seattle present. The minutes
Of the previous meeting were read and ar
proved and the following thirty-four Rev
members voted into the association:
Seattle-Harold Preston. George Z. De
Sreiguer, A. c. Bowman, Roger : Greene,
Richard SAFE Jones. Lyman +. Knapp,
Daniel kelleher, Corwin - Shank. 4. =.
Aibertson, G.. A c. Rochester. j. Fl.
Allen, T. r. Blaine, Joseph Shipper,
George HYDE Preston, viii III. Thompson,
Charles X. Jenner, Boyd J. Taliman.
! Ralph w. Emmons.
Spokane-Sam r. Stern, Frank III.
Il
". Binkley. W. J. c. WAKEFIELD. W. W. ID.
Turner, Mutton T. Nuzum, James Dawson,
Jesse Arthur. Thomas G. Griffitts.
Tacoma--Cherles .. Bates, Stacy w.
Gibbs, Stephen y Brien.
Aberdeen. c. Cross.
Mount Vernon-E c. Million.
Montesan0-Austln f. Griffitts.
Port Townsend-Judge K. A Ballingsr.
The chairman announced that owing TO
al oka Il 4 Nf oil 10
walla, a change in the published pro-
gramme had been made and his essay on
Corporation Laws of Washington" set
for today. would be dispensed with and
Judge Graves essay on "Non-Partisan
Selection of the Judiciary" would be
omitted in yesterdays proceeding and
transferred to take the place OF Mr.. VIII
/ son 5 paper this afternoon.
Treasurer Howe reported his inability
to collect a shortags of $40 in the hands
| of ex-Treasurer Joseph w. Robinson, of
! Olympia, due the association for four
/ years, and Judge Humphreys. Frank t.
| Post and ]. III. Allen were appointed a
committee to investigate and report in the
/ afternoon.
| At 1880 p. M. Mr.. Arthur failed to put
| In an appearance and Mr.. Forster contin-
| ued as chairman.
! The committee on the Robinson short
| age reported and presented a draft of a
letter to Judge Robinson threatening
prosecution and expulsion from the asso-
| ciatIon unless settlement was made. A
lengthy discussion followed, and the re-
| port was modified to let the treasurer
again write the judge and make a final
effort to secure the money with four years
| interest.
/ The chairman announced that the sense
| of the meeting would be asked for today in
regard 70 the ACCESSIBILITY of having law
department. connected with the new state
university. it being expected that several
of the university regents will be present.
/ The absence of President Arthur neces-
STATED a change in the published pro-
gramme. and at 80 Judge r.. A. Balm
ger, OF Port Townsend. was called on TO
read his paper on Community Property
! Laws of the State of Washington" The
| Judge was given hearty reception. and
| for over an hour entertained the large as
| sembly that had by this time filled every
available space of the large hall. Judge
| Ballinger divided his subject under two
heads. First. 1.-The Origin and History of
| Community Property Laws" and second,
THE General characteristics and Pecu-
| liarities of Our Own System" The Judge
said in substance:
The matter proposed to be discussed in
this paper is so radically at variance with
the principles of Uncommon law and so
| utterly devoid of analogies with its iuris-
| prudence. that II is apparent that we need
| not look 10 English law To find the source
from which the community sprang: and
| for the further reason, as | will presently
show. that its existence, as part of the
| ler ScFiptd. autedates the written laws OF
/ England. By the common law, as stated
by Blackstone. the husband and wife are
one person; that Is, the very being or legal
existence OF the woman is suspended dur
| ing marriage. or at least is incorporated
and consolidated In that Of the husband,
under whose wing, protection and cover
/ she performs everything These disabili-
/ ties seem 10 have had chiefly for their oh.
| jet the protection OF the medieval baron
or lord IN the rights acquired by the mar
! risge. and incidentally. Of the wife against
/ the marital relation being made use of as
a means of undue influence upon her ac-
| ton. A marked distinction exists in re-
/ spect of the rights and capacities of the
/ husband and vile between the common
/ las OF England and the civil law of Rome.
/ The civil law does not recognize
/ an the snoases that union of per-
! sons b. which the rights of the wife
we're incorporated and consolidated With
those OF the husband. Ga the contrary. it
| regards the husband and wife as distinct
/ persons. With separate rights and capable
! OF holding distinct and separate estates.
The same characteristics we're common TO
| the laws Of the Atheulans The commun-
/ ~ system had ITS origin ia, or Is the out
/ growth 81. the Roman evil Law, especially
I since - is interviewer chiefly with the
4 Jurisprudence Of Romantic nations aud
/ their colonies The civil las formed a
more natural basis on which % engraft a
marital partnership IN property than En-
( ghsa Jurisprudence mainly because the
/ i9Fmer system recognized the separate
{ identity OF the spouses. While the very be-
+ ing or legal existence Of the wife Was lost
( under the latter. The community system
j. believed 10 have had is origin IN Spain
I hut Is probably 81 Ieutoatc or gin Couse-
+ qlent4y, from the councils OF Toledo. in
{ rae seventh century, grew ID The Gothic
/ code, tee fasum fa8t-am. the most ancient
Z code 81 isNtonic origin. Il was. however
/ departure from TIE Roman law in re-
( spect Of the property rights Of husband
( ana si.e. 4 community Of right in the mar
iial gains appears 70 have been recognized
I among the customs Of the. Nissgoths. aad
( whether thls custom extended 10 other
tglbes Of the GeFmanlc race cannot dec.
hl1e'y be asserted. but IL would seem. from
/ s.mHar embellishments in France and
f htt-aud, that these customs we're nat con-
. Llet 20 the N.sigUtas. aud yet TAcitus
iails 10 mention them ln the history of the
FtfiDaus- These customs acqgireI A
{ f+ace az the usaecs OF Spain and became
I Aaiai eamated With the Roman law. The
! tefe4obment OF the community system
. N2s not confined 70 spain alone. being in
+ tFodaced into Holland and Northern