The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-07-17
THE STATE BAR ASSOCIATION.
Valuable Papers Read ~ Tacoma-To-
day the Ciambake.

=
Valuable Papers Read ~ Tacoma-To-
day the Ciambake.
Tacoma. July 1s-Special-Tne members
OF the State Bar Association, aow In an
Eszas session in this city, fo3nd today very
prosisabls. Five highly erudite and va.u-
abe papers were read during the day.
The FIRST Probate law" was delivered
b JuSge Emmett y. Parker az the morn
ing session. Judge Parker has had charge
OF ell probate matters IL this county since
he took his seat on the bench in 1888. At
the conclusion OF ais paper he offered a
number OF recommendations. among them
being:
a uniform manner OF giving notice OF
al the principle steps taken IN the course
of the administration of cases and by ac-
ton under ts1c seal OF the court; admins
terIng partnership estates by the same
rules as individual cases: giving the court
exclusive jurisdiction of the settlement
of claims both contested and uncontested:
giving the court ali the Incidental powers
Of 8 court of equity IN probate proceed
ings."
John Arthur. or Seattle. expressed ad-
niration for Judge Parker's paper. and
offered a resolution that he be requested
by the association 10 prepare bills en-
bodylag the recommendations made, and
take steps TO have them enacted into law
BY TIE next legislature.
The resolution vas amended 30 that che
Judges In King, jefferson, Spokane and
Kittitas counties might aid Judge Parker
In compiling the necessary changes to be
made and in drafting the bills. ami in this
form II was passed.
Ex-Corporatson Counsel Donworth, OF
Seattle, read the next paper, entitled
Corporations" The most importan,
point brought out by the paper was en-
bodied in criticism OF the courts in ap-
- nr4I -
large corporations. He pointed out where
dangers arise from the too speedy grant
ing OF the application fer the appoint
mens OF receivers. and reviewed the his
tory Of the litigation of the Northern Pa
clio in the ederal courts. commenting
on the fact that the former receivers OF
the road had been relieved Of their trust
without an accounting being had. MIR.
Donworth expressed the opinion that the
present practice OF appointing receivers
upon the application of one creditor or on
that OF the stockholders or officers was
injurious and bad. The paper was prepared
with much care. and It's worth was recog-
nxed and applauded b. the association.
OF all the papers delivered during the
day that by Judge J. 4. Moore. OF Spo-
kane. caused the most discussion II was
entitled Landlord and Tenant" Judge
Moore reviewed legislation relating to
tho rights OF landlords and tenants from
territorial days down. well as supreme
court decisions bearing on the same. In
an able manner he attacked the law of
lsSi, particularly sections 10 and II, which
relates TO foreible entry and detainer.
Section 10 provides that after an action
in forcible entry and detainer is begun.
or at any time. the plaintiff may procure
a writ Of restitution which is not execut-
Ell til three days after notice and return
able tn twenty days. By section II, the
tenant may file bond. staying the exc
catlon OF the writ till the trial OF the
cause. thus depriving the landlord OF the
possession OF his land for an indefinite
period, during which time he receives
no rant. Judge Moore said such q statute
was not general among the states and he
though; the equities demanded that a
much speedisr remedy be given the land
lord whers he seeks possession Of his
land for breach OF lease. Judge Moore
thought the superior courts should be al
lowed 20 advance such cases on the dock
et SO as TO allow an immediate trial, after
three days notice.
To the speakers criticisms OF the statute
mentioned. Gaiusha Parsons and Hon.
Orange Jacobs took strong exceptions.
while Judge Parker and others agreed with
the Spokane turist. The discussion was
long and interesting.
Alfred Battle. Of Seattle. read an able pa
Der on tktEorN EN0fkIS aGl curative AckSs
and L. :. Holt. Of Tacoma. delivered
paper on 'Centrihntery Negligence. Both
were listened 70 With the interest and at
tention they merited.
Charles = Shepard. OF Seattle. presented
the report ef the committee on uniform
state laws. He reeltea the conflict be-
tween the states on vital statutes. and
said that plan had been evolved. largely
through tho ala Of the American Bar As
fsx~a
pointed from the several states. who con-
yene annually, discuss the subjects On
whsch uniformity IS desirable. and the
form az proposed statutes and. II they
can agree recommend hack 10 their re-
spectlve states the passage OF such stat
u;eS. The state. by their appoint ment. Is
rot h8uhd to accept any recommendation
o. the convention. the action oT the ceu-
ventlen does not hind any ore. even rs
own members, ana nothing bat entire una
nsnity az the outcome ~ the debates on a
top5c r. of any effect When sGen auanfrgs-
~ Is obtsire8 ss Is likely 70 ne permanent.
as sAewn hy una nisaoas vote % the com
uiisstaaers a. two successive conventions.
the proposed statute Is Recommended for
passage 20 the several states Hitherto
over twenty states have appointed such
corn naissioasrs. who have held several con-
vent,ons ana mueh useful preliminary
work has been 8cue. ana Sc Is hopes in the
near future - secure TIE T&e&AeE OF saraa
statutes hy TIE STATES represented g hieh
vta be step toward Il Universal saopuea
cf EenrfAi LAWS hv az tie states.
Tfe eeravnttteN recommended tsnf 4 res
osatios ~ passed. fsvoring thN effort OF
tae states to bring shout snsfc47aEtv b.
tween she srasU1e& asst ealing spon fhe
fesssafgFe % egVats a esswa ION "a A.
vsstA rfe osNer EtsfeS fn The movement.
Ths rgse,ggtea has net ssca actes or
Althoush fhs rapc~s reed during tAs
session rsre fe-asssai ara eemps{~zf>3 =,
chaFactsr. they weTe very Interesting ard
fAe assembled lawyers hraraa she hset
- tie Gay ard aat thrcuea ths whnse AZ
teruoea. WsgeniaE - The speakers IN ne
discussion and para 1spssiuE IN e.
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