The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-07-22

The State Bar Association convened
yesterday morning in the Chamber Of
Commerce hail. Harold Preston, president
Of the association. presiding. He was sup
ported on either side by two OF the vice
presidents. George Donworth, OF Seattle.
and y. j. Crowley. of Tacoma The other
vice president is United States Senator
Turner. who, OF course. is now in Wash
ington. =. c.
OF the regular programme. constituted a
strong crttique on the legislation enacted
by the recent legislature of this state, es-
pecIaiiy that pertaining to the enforce
ment OF contracts OF mortgage. Many
OF the states OF the Union' said Mr.. Pres
ton. have passed through the experience
which is now upon us. We must have ex-
rectei 70 experience the spasm sooner or
later; and II we feel that the soont- the
better. We cannot complain that ii Is now
upon US. He devoted his attention eSpe-
ciaIly 10 the act relating to the sale of
property under execution: that prohibit
ing deficiency judgments. and that grant
Ing judgment debtors the right OF pos
session pending redemption. Concerning
the general tendency and effect of these
three acts he said:
These acts are today, venture 10 say,
recssving the consideration of every MEM
yer OF the bar or the state. and their pas
sage has now excited wide interest out
side Of the state among those who have
invested or are inclined to invest capital
IN loans upon property here situated.
This legislation Is pror.ouncediy unfriend-
~ to capital, and is in the supposed inter-
est OF the debtor. This of itself. is suf-
hcient TO make capital timid of invest
ment with US, and that Is distinctly 10 the
disadvantage of us ali. Unless this fear
Is explained away by those eonversant
with the subject. the timidity will take
root and become fixed and the result will
DE that the development o: the natural
resources OF the state upon which we
must depend for our prosperity will be in
definitely postponed. to the serious @tri-
ment OF all of us. debtor and creditor
alike. IL In point Of fact the LEGISLATION,
"hlie OF unfriendly purpose. has failed to
accomplish the result intended, that fact
should. In my Judgment, be given general
publicity. After a somewhat thorough ex-
animation Of this legislation I have be-
come convinced that ii is not SO harmful
20 capital as intended, and that II Is not
at ali beneficial TO the honest debtor: and
1t is my purpose to now review that leeis-
iatlon. and If my views thereon shall meet
your approval. and shall tend In some de-
gree TO a more general understanding of
the legislation, I shall be satisfied"
Inis promise Mr.. Preston made good
IN an argument. OF which each stage
was fortified not only by clear and forci-
Die statement, but by The most abundant
and convincing authorities At the close
OF his paper he said:
The conclusion of the matter n tho
views / have expressed are correct. is
that notwithstanding recent legislation.
We are still free to contract as we will
*ith our private property One who has
money to loan and one who
borrows IL may contract togeif-
er on terms of equality, with the
assurance that their mutual agreements
II not unconseionable, will be enforced
oy the courts in favor OF either against
the other. The capitalist may invest
money here with full confidence tina, his
rights will be respected by our laws and
enforced by cur courts. The borrower
will know that his rights, as he has Gre
ated them, will be equally regarded.
Whoever now has money outstanding
upon our securities may safely extend
clenlency to his debtor without narrIng
with his previously acquired rights. and
without of necessity submitting to OPP
pressive remedies"
Following the presidents address came
the reports OF the executive committee
and OF Treasurer w. 4. Peters ana Sec
rotary n. s. Porter. all of which were
purely formal in their tenor
One OF the most important items OF the
morning session was the election OF new
members, which resulted in the addition
OF the following names TO the roll OF the
association. Q. b. Barbo Albert s. Cole
and Hiram E. Hadley OF New wharcom:
Kirk Whfted. Clyde Warner, of EIiens-
burg; Willard s. Huston. OF Spokane: c.
w Hodgden. of Moniesano; O. r. Hol-
- piizs-fife- nj no
from Seattle: Henry @. Parkinson, J. L.
Green. II. ". Lung. Walter s. Fulton,
Thomas Il. Hardin. John L. Neagfe. A.
l.. Jacobs. George 3. Hutchinson. Wilson
r. Gay. E. p. Edsen end Eben Smith.
John a Humphries spoke at some
length I'm criticism of certain points in
the presidents address.
An invitation was extended TO the as
soc!ation 10 attend a lecture by DR.. Long
street
f. g. Leaning. of New Whatcom. read
an able and exhaustive paper on THE
Philosophy Of Law"
w. r. Pritchard, of Tacoma. was down
on the programme for q paper on the
Policy and Practical Effect OF rsury
Laws" but he was absent and his place
was taken by Austin Mires. of Ellens-
burg. who entertained the association
with discussion OF Irrigation laws IN
Was hington-
The committee on jurisprudence ana
law reform submitted its report through
the chairman, Judge II. A. Ballinger, OF
Port Townsend. Among the recommen-
dations OF the report was one that
committee be appointed 10 examine a bill
being prepared by Judge Parkes on pro-
hate procedure and report 10 the present
mastin. OF the association. The recon-
nanda;iou was adopted and the chair
announced that he would appoint the
committee later.
The report Of the cor1mitteee on judlc-
ial administration and remedial proceed
ura was 20 have been submitted by Judge
James ]. Eeavis as chairman. but IN MS
absence n. J. Crowley. OF Tacoma, made
the report. II was general IL It's terms,
bat cre feature OF III, That which dealt
with the use and abuse q receiversnIps,
brought out considerable discussion. ON
this point Judge Moore. Of the King
county superior court made an inter-
c-ting talk against the practice OF con-
tsnuins, receiverships, whether Of private
persons or OF corporations. fer years.
ne cited one instance Of a rece3vership
closed up under his administration wnere