Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-02-11
Maine State Bar Association
Convenes at Capitol.
Address Of the President and the
Election Of officers.
Fine Banquet in the Evening when Wit and
BrilIiancy Rsigns.


Legislature.
Some, including the members of the
committee on legal affairs, had their
work completed in time to be present.
In addition there were in attendance
number of visitors and ladies, who
enjoyed the meeting and addresses.
The chamber and gallery We're
crowded.
Governor Powers was present during
a greater part of the meeting, and was
a deeply interested listener.
pleasant feature was the presence
of Hon. J. w. Bradbury. who. in his
95th year, was active and greatly in
terested in the proceedings. Judges
Wiswell. Haskell and Emery of the
supreme bench, We're also present.
President H. M. Heath opened the
meeting shortly after o'clock In the
temporary absence of the secretary,
Hon. Leslie c. Cornish. Hon. G. w.
Heselton of Gardiner was chosen sec
rotary pro tenn. The report of the
year of the secretary and treasurer.
were submitted. The special commit
We're submitted.
The following report was made by a
special committee appointed at the
last meeting as follows:
TO the Maine State Bar Association:
The committee on law reform. who We're
requested to consider and report whether
it was practicable to formulate by statu-
tory enactment or rule of court. some
plan by which the cost of printing reports
of testimony in cases carried to the law
court may be reduced. and more partlcu-
larly by abridging introductory matter
and by authorizing the narrative form
of reporting in place of full questions ana
lntr 70
have considered the matter. and are
unanimously of the opinion that it is not
expedient to authorize by statute or rule
of court any abridgment of the testimony
in case, but that the matter should be
left for arrangement between counsel:
If counsel cannot agree to abridge the
not be imperiled by the exercise of any
discretionary mower on the part of the
stenographer as to the manner in which
the testimony of witnesses should be re-
ported While some experienced steno-
graphers might safely determine wnere
the narrative form could be employed
would not in the opinion of the commit
tee. be proper to recognize by rule or
statute such discretion on the part of the
reporter. whose duty it is to report YER
batim ct literatm the testimony of every
witness given in the case.
The Importance of reporting both ques-
ton and answers in close cases, in order
to enable the reviewing court to judge of
the weight and value of testimony. must
be apparent to all lawyers of experience
in the trial of causes. The form of the
question often enables the court to deter
mine how much of the testimony is sug-
gested by the question. and how much is
The expense of printing the testimony in
particular case would not justify a de-
parture from IA safe rule which requires
that the whole case shall be printed. I'M
less otherwise agreed by counsel.
Respectfully submitted,
CHARLES F. LIBBY.
T = i 4 q hr Mq RR6H
LEROY LEI; =; r r. cARLEroN.
Nov. 2S, 1896. Committee.
The address of the president fol-
lowed. 1t was most able effort and
at the close Mr.. Heath was warmly
applauded. The following is his ad-
dress:
Gentlemen of the Bar:
This is my first opportunity to express
my grateful appreciation of your cour-
an honor that any member of our noble
profession well may covet. The election
during my absence was peculiarly CRATE
full. for ] am conscious that you did it
for the sole purpose of giving me an in
dorsement in a business matter of great
personal Importance at critical period
did have great weight More grateful be-
cause my stan.,ng at the bar was not
such as to warrant my hoping for such
cepted the compliment as an expression
of your good will--the act of your hearts
and not of your heads.
change this high office. Expressing.
therefore. my heartfelt gratitude for
your action of year are | ask you to
now institute the custom of restricting
the tenure of the office to a single year.
1t has been your good fortune to have
had since your organization a president
of such distinguished scholarship that
his annual addresses have been classics,
rich in legal learning, models in literary
style. 1t is Il source of regret that | find
myself unable to follow in his footsteps
! would but halt and stumble in the at
tempt.
Upon us rest grave responsibilities
Ours the duty to stand between the con-
sorvatism of the past and the radicalism
OF the present. The one chills the blood
OF progress. the other brings the fever of
disease to the body polite. We are the
natural leaders in legislation. Trained
by the learning of the schools. disciplined
by the wrestling of mind with mind. We
can to certain extent foresee the needs
long established rules of action. With
power comes responsibility that great
duty of using power to better the welfare
We are, and should be- in legislation
the conservative leaders of a conservative
leves in drifting from the moorings of
the common law. 1t has been the growth
of the learning of centuries. Kings have
lost their heads. dynasties fallen. and
revolutions deluged with blood the lands
G; English speaking lovers of liberty that
the humbest of Adams kin might inherit
the safety. the security and the hopes of
he common law. 1t is a science of prn-
ciples, not born of legislative marriage be-
tween ignorance and ACCOMPLISHMENTS
rather the legitimate offspring of an adj
Nancing civilization and the conserVat ism
of judicial construction. The natural
Inherent and unalenable rights of EN-
Toying and defending life and liberty ac-
curing. possessing and protecting pro-
perty.and of pursuing and obtaining safe
~ ana happiness guaranteed by the
constitution of Maine. are more secure
foundation of the common law than in
The restless communities where the
structures of society erected on the sands
of reform totter before the winds of popu-
lar discomfort.
We live in an age of marvellous mental
activity. Science leaps from peak to
neak reckoning onward to discovery after
discovery. until we cease to be astonished
at her wonders. Intelligence broadenS.
Novelty treads upon the heel of novelty
socialism and communism are hut the
natural product of such conditions Thar
the iconoclast should be abroad. his
band against government his sword
drawn to attack existing systems
OF law, Is but an outward manifestation
OF the spirit OF unrest that marks the
closing century. That the common Law
should be attacked in the name of re-.
form, the broad mantle that covers 81
many sins, is to be expected. An ancient