The Providence news. (Providence [R.I.]) 1891-1906, 1902-12-02
RHODE ISLAND
LAWYERS FEAST
EIoise the Scene Of a Notable
Gathering Last Evening.
BAR ASSOCIATIONS ANNUAL
Speaking BY Hon ". |. Logan Of Nsv
York and Edwin C. Pierce Of This City
On Interesting Topics.


On Interesting Topics.
A very distinguished gathering a.
sembled at the Eloise last evening. the
occasion being the annual meeting ana
dinner OF the Rhode Island Bar asso-
ciatton
large number OF members OF the bar
OF the state were present. including Chief
Justice stiness. Judge Ttliinghast Judge
i Rogers. Judge Douglass and Judge Dn-
bois. Former Chief Justice Msttoson
Two very interesting and learned ad-
dresses were made BY the Hon Waiter Il
Pierce, ESQ. OF this city, the bormer
speaking on Interstate Commerce and
the Constitution and the latter on tns
The business meeting was held preyicus
TO the dinner. the old board OF onscsrs
Al the conclusion of the dinner Presi-
dent Colwell introduced Mr. Logan VINO
said In part:
wise and far-seeing men The prssadsnt
OF the constitutional convention was
man who never said a supcrhuous vord
at ar1 the eegs right time time. WasSlnxsons influence
! In That convention was all the grcater
| because he was slow TO exert II ana All
the better because he alwsy thought DE-
N.sThs reason why the convention-whet-
ever foolish things may have been eesa-
| order to its adjournment was perhaps pe-
| cause the man at the head OF II ana ~
| guided It's counsels never himself ssxneS
| said or did a foolish thing.
'"rhe convention was composed OF men
| OF the youngest but the most sei1.rcm.shnt .An
| nation in the world We Of the Enensn.
seif-reiia mt OF men because we and our
ancestors from the time we were IN ne
| wild denizens of the German rorest oG~n .n
| TO the anthracite coal strike have mao 70
| shape our destinies for ourselves.
| THINKS FOR HIMSELF.
r'aThe Latin has always had someone,-
I his thinking for him. The Saxon has hsd
| 10 do IL for himself. and his fate On earth
and in heaven has depended on ms ow"
Our Constitution provides that 'Tne
| congress shall have power 70 reg"stss : :
no nm1ns that csnss n tho
stitution meant something by u .lse, lneuo
are no supernuoue words In the instru-
ment any more tnan tneE n,c,a "a rSer
SImmSr %So nresdeS sRescn over Hr the me Convention
There wss very little Interstate COM
merce in the United States at that time
A few sailing vessels brouGht products
tc the ports of Boston, Providence. New
port. New London, New Haven, New
York, Philadelphia and Baltimore but
ing from outside tke United States.
"I do not think that In relation to the
| Interstate commerce question, which Is
now looming up as such an important
issue before the American people. the con-
stitution- makers were any less wise than
in relation to the other provisions or the
instrument they formulated, believe, on
the contrary, that In nothing Is their
wisdom moro apparent than In tho way In
which they solved the problem OF COM
| merce among the several states.
"I see no occasion for a constitutional
| amendment The instrument which has
stood the test OF all the changed condi-
tions which the 18th century brought
about. including the mid-century Civil
war, is good enough to start the 10th CEN
tury with. The light of Washington 8
wisdom never before shcne so bright as
IL does now, a hundred years after his
| death.
| os CONSTITUTION SUFFICIENT.
The constitutional solvent which has
been found so effective a solution for the
troubles we have had, will, believe. be
found no less effective for the troubles OF
the present without any change In the
language OF the constitution itself II
will be time enough TO talk about amend
1
operation all its existing potentialities
| Until we have occupied the whole field We
| now have open before us. 1t Is, l submit,
premature TO talk about pushing back
| the line fences" t
Mr.. Edwin c. Fierce was the mex,
| speaker and said:
| Under this title, OF Probate Courts In
Rhode Island 1t is not proposed TO pre-
| sent an historical study or an 'elaborate
| statement OF the system OF probate law
administered In Rhode Island. That
which Is intended is only suggestion
of a practicable Improvement in the con-
stftution OF our probate courts.
Although Rhode Island Is one OF the
| richest of all the states In the union: al
| though IL Is I'm some respects almost a
| city-state. yet It's probate courts diner In
| their constitution from those OF every
other state In that they are not always
held by judges learned In the law and
! accustomed to its administration.
The charters OF our cities provide for
| a probate court TO be presided over by a
| probate judge annually chosen by the city
council. In the towns, however. the town
| council constitutes the probate court
with the town clerk as clerk OF the pro-
bate court, provided that the town council
may elect probate Judge
only n few OF the towns elect a pro.
bate Judge. and there Is not always a
resident lawyer who could be elected
The result. Ia that IN most OF the towns
the probate court is composed OF laymen
none of whom has had legal education
few of whom are as thoroughly acduaint-
ed with the probate statutes and pro.
cedure as probate Judge should be, and
some OF whom are wholly unfamiliar with
probate administration.
lit IL anomalous and improper thai
while none are allowed TO practice as at
torneys and counsellorsN until they have
after years OF special training. shown
themselves upon examination. to be quail.
fed by reasonable learning In the law,
members Of the bar are Obliged 10 appeal
for their clients in probate matters befors
courts composed OF laymen.
This condition OF affairs ~ peculiar "a
Rhode Island. In the other states OF the
Union. probate courts. even In the coun
try districts. are dignifed tribunals pre-.
sided over by judges either elected by ths
people. as In nearly all the states, or Az.
pointed by the governor for terms neve'
1 llua 49,