Omaha daily bee., 1903-01-09
OF NEBRASKA MEET
Tlird Annual Convention Of State Bar
Assoo.a'i,n Begins work.
REPORTS OF COMMITTEES COME FIRST


The numerical strength Of the supreme
court was the dominant consideration in
yesterdays session Of the Nebraska State
Bar association, which Is now in third an
nual assembly. President S. p. Davidson
gave It considerable attention in his ad-
dress and the committee on legislation az
fecting the profession dealt with It at even
greater length. Mr.. Mcintosh of that COM
mittee submitted a resolution for a bill
leaving the Jurisdiction OF the supreme
court as IL now is, but leaving to the legis-
lature the number OF judges and their sala-
ries. this to be done by an amendment TO
the constitution. Judge J. 3. Letton of
Fsirbury opposed further attempt at secur-
ing constitutional amendment and argued
for a constitutional convention. Finally
his motion that II be declared the sense OF
the association that the present Legislature
should prepare for a constitutional conven-
tion prevailed.
President Dnvidspn's Address.
Yesterdays session opened at 2:3O with
the address Of President Davidson, which
was in part as follows:
Two years ago the docket Of the su-
and so rapidly increasing that the Judges
were overwhelmed with the work before
them, The delays incident to the condition
OF the docket were producing in many
cases an absolute denial of justice, and
the practice Of the Jaw was becoming UNI
settled and dlsorRanized. Through your
accommodation and the persistent efforts
of your committees a temporary expedient
was resorted to. A commission of nine
members was authorized and appointed.
1t IL true that the able commission that
was appointed has so effectively aided the
court that the docket OF that court is
Almost clear. and the court and the pro-
1ession can now hope that the old bust
ness viii soon be entirely disposed Of.
This expedient that was adopted by reason
OF the force OF circumstances, while It
has proven to have been effective, was
and is not entirely satisfactory to either
tho bar or the court.
Some permanent relief In the way Of
an Increase OF the Number Of the judges
Of the supreme court is urgently demanded.
IL Is evident that the only permanent re-
lief from an overCrowded docket can only
come from an Increase In the number of
the judges of she supreme court. Whether
this can be best accomplished by the sub
mission of an amendment making such
provision, or calling a constitutional con-
ventlon that will be authorized to propose
an entire reorganization of the court, and
propose other much needed changes in our
constitution, it Is for the people under
cnt, uptl permanent relief can be obtained,
II scent 10 me to be wise to continue
me present commission or provide for a
commission OF a smaller number of COM
missionerS TO continue to assist the court.
To Curb Anarchy.
The people ought not to let their deep
Indignation, so Justly aroused by the as
sasslnatlon OF President Mckinley, to cool,
NAANNs NhNA
bellcy has been provided. until the forms
OF law have been, so perfected and formu-
lated that those guilty wretches cannot
creep through its meshes. l may be tread
ms on dangerous, IL not forbidden ground.
But ! have. positive convictions upon this
subject. Witch becomin Difference to the
WISDOM of the great lawyers in the United
with IA keen sensibility of my own ignor-
aDce and inability to comprehend or UNDER
STAND the entire situation, do not hest
tate TO declare that my belief tg that the
proposed legislation Is entirely Inadequate.
BY Is the mot o sss denn,aoS 81 q tst srS sS9tss As si ixsS
S.titey TOO limited and restricted? BY
The law OF England, treason includes such
or the killing oil the queen, or the killing
OF the Kings heir, or the killing of the
chancellor or a Judge in Office.
CONSTITUTIONAL Amendment.
Have we not outgrown the fear that by
extending the definition of this crime We
may possibly imperii the liberties of the
people DO not the eEigenctes surround
ms US demand that this provision of the
nadona constitution should be amended
so that the definition of the crime OF
treason shall Include any wrongful acts
throw OF the government, or any acts OF
Resistance to. the government as such. so
as also TO include any assault upon OF
the killing OF the president, or any other
oihcer OF the government upon whom the
powers ana duties OF the president may
devolVe, or any assault upon "A Judge OF
one OF the United States courts, or even
a member OF congress, II the act can be
shown TO have been committed in resist.
ance of the government in any of its great
departments, or, on account OF any onicial
acts or omissions. This definition of this
crime should also include any counseline
encouraging, suggesting. aiding or abetting
the commission OF either Of the ofrenses
above referred TO. In my Judgment real
actual. treason is committed every time
the killing of any officer OF the government
by public address. or by publication Ar
the press, or by private eounseling or ad'
sldsratlon by congress. l fear, would b,
ineffective, and II unconstitutional, will b,
MOLLY abortive and useless.
Committee ON Legal Education.
the gist Of the report OF the
on legal education as presented by Chair
man II. H. Wilson Of Lincoln is found II
the following resolutions, which wer,
adopted with only one dissenting voice:
Resolved. That this association recon
mends such legislation as will require al
persons, before registering for the study o
law with a view of admission to the bar
70 prove by satisfactory examination tina
they possess q good English education.
Resolved, That this association recon
mends such legislation as will require ap
pltcants for admission to the bar to shoy
that they have devoted at least three year
TO the study of law.
Judge W. ID. McHugh, as chairman
stated that the committed on law reform
considered that the committee on legisla
tion affecting the profession had suficientl
covered the ground and therefore had n
report to make.
Legislation Affecting Profession.
In presenting the report Of the commit
tee Of legislation Affecting the profession
Chairman r. w. Breckenridge said in part
The temporary eXpedient % a suprem
court commission has worked excellently
largely because OF the endorsement give
the plan by this association. A cOmmissio
OF nine was provided by the session of IN
legislature which convened two years ag,
the court was fortunate In the ~selectio
OF the commissioners and except that the
have all had at least twice as much to q
as they should have had IN justice TO then
selves and the liugants OF this state, the
work has been OF a very high standard an
the majority of the reported opinion
emanating from the various members {
the commission are equal to those OF an
court ana are FAR superior to much OF N
Nebraska case law which present member
OF the court have occasionally followe,
but, while following II. have apologiEed Il
doing so. Your committee recommends N
continuation OF a commission of nine, gi'