The record-union., 1896-08-20
MEETING OF AMERICAN
BAR ASSOCIATION.
Il Convened at Saratoga Springs Yes
terday.
Chief Justice Russell of England
Welcomed.

ST FRANK LOCkWOou, ". ~. L. r., anu
rlontague Crackenthorpe, Q. c.,
Accompany Him-President floor
field Storey Delivers an Address on
nost Noteworthy Changes of
Statute Law nade in Various
States and in Congress Last Year.
SARATOGA SPRINGS On. W, Aug.
19.-Convention Hall was more than
comfortably packed with representa-
tive members of the bar from all por-
items of the United States at 1870 this
morning, when Hon. Moorfeld Storey
OF Massachusetts called to order the
nineteenth annual convention of the
American Bar Association. Just before
the commencement of proceedings Lord
Chief Justice Russell of England, ac
companied by Sir Frank Lockwood, @.
c., NJ P, and Montague Crackenthorpe,
Q. c., We're escorted to the platform,
the convention rising en- masse to give
the distinguished visitors an enthusiast
tic greeting. Prominent among the le-
Il
OF Philadelphia; James c. Carter, New
York; Charles Clafiin Allen, Missouri;
George NJ. Sharp Baltimore; Emlin Nc
Lain, Iowa City, Ia; ]. Randolph Tuck
er Lexington, Va. Hon. Thomas NJ.
Cooley, Ann Arbor, Mich; William AL
len, Butler, n. Y: James NJ. Woolworth,
Nebraska: Thomas J. Semmes, New Or
leans: John w. Stevenson, Kentucky;
Courtlandt Parker, New Jersey; Joseph
Il. Warner, Massachusetts.
For many years the association meet
ings were held in Saratoga, but in 1889
it met in Chicago, in 1891 in Boston, in
1913 in Milwaukee, and in 1895 in De-
trOit, and in alternate years at Sara
toga
The present officers of the association
are Moorfield Storey of Boston, Presi-
dent; John Hinkley of Baltimore, Sec
rotary, and Francis Rawle of Philadel-
phia, Treasurer. It's first President
was James O. Broadhead of St Louis
James C.sCarter of New York is among
the ex-Presidents.
The subject for the address of the
President was, THE most noteworthy
changes in statute law on points of gem
eral interest made in the several States
and by Congress during the preceding
year.
The speaker pointed out that the leg
islation in the different States, though
widely separated, strongly showed the
essential unity Of this country in deal
ing with the same problems that con-
front all the States. Another noticeable
point is the rapid growth of a DISPOSE
ton to assert the general interests of the
community at the expense of individual
ne said. contain laws that would have
seemed unwarrantable invasions of pri-
yate rights not many years ago. The
most important part of the address is
devoted to railway reorganization and is
based upon a statute of Kentucky, which
fer the first time attempts to deal with
the subject
The speaker considered this statute a
step in the right direction, as it enables
the courts to protect the interests of the
investors by making every reorgan-
iZation of a railway the subject of judi
cial investigation and securing for ev-
cry interest a hearing. It often hap
pened, he said, that capital stock was
issued without payment being offered
as bonus to go with the bonds. In this
way the money of creditors has been in
vested and the control of the property
retained by the debtor-the railway
company The managers of railway
companies are genrally prepared for
an emergency when it is found neces-
sary to reorganiZe their property, but
the creditors are scattered frightened
and wholly unprepared to act. The
managers of the insolvent company ask
the court for receiver and generally
set one favorable to their own inter
ests. Sometimes the receivers ask for
the foreclosure proceedings, which
action results in a practical denial of
justice.
Many a man sees the savings of life
time swept away by the mismanage-
ment of a corporation and sees the
managers in charge in spite of all oppo-
sition that creditors can make. 1t is to
the courts that we must look for protec-
ton. Their authority rests on the re-
spect of the people for their absolute
impartiality and in the long run they
cannot preserve that respect unless they
observe the well settled rules of judicial
procedure and unless they respect and
enforce every legal claim. Parties
must be left to determine for themselves
whether their interests Will or will not
be served by the assertion Of their
fused to entertain these applications for
receivers when made by the debtor cor
porafion, or even if they had selected
impartial receivers and facilitated the
enforcement of every agreement rail-
roads would have been reorganiZed more
promptly and on a more enduring basis
than is now possible.
In concluding his address President
Storey said Judicial action which
impairs the obligation of contracts is
more dangerous than any statute which
which aims at the same result. When
the court, through its officers, under
takes to manage a railroad for years and
that chiefly without hearing the ques-
tons which arise in its operation: when
il appoints these officers and in so doing
grants the final relief sought without
notice it violates the fundamental rule
of our Constitution"
The address of President Storey,
which required an hour and half in de-
livering, was enthusiastically APP
plauded. The regular business was then
taken up. Eight new members from var
ious States were elected.
A recess of ten minutes was then
taken, during which time Lord Russell,
Sir Frank Lockwood and NJ. Cracken-
thorpe held an informal reception on the
platform where they greeted many
members of the association.
The convention then proceeded to the
election of the members OF the General