The Montgomery advertiser., 1904-07-09


citation that three members had died
IN the year Just closed. w. /. Bullock
OF Russellville. and Edward A. Graham
and John. q. Winter Of Montgomery.
1t was suggested that a committee be
appointed to prepare memorial sketch
or each OF the deceased members.
| The report congratulated the Asso-
compiished in raising the standard OF
the legal profession of Alabama 1t
found cause for qualification in the act
OF the Legislature which provided
way for the Association to disbar from
practice dishonest and Objectionable
lawyers II there be any in Alabama.
The report was signed by 8. H. Dent.
Chairman: B: p. Crum, CASTOR Gum
MIR. MINTYRE SPEARS Ivy
OF "CIvIL PROCEDURE.'
Civil Procedure" was the subject of
a thoughtful and impressive paper by
G. p. Mcintyre Of Montgomery. The
Intyre showed perfect familiarity. His
treatment of 1t displayed his study and
his research and The paper of itself en-
bodied the result in, his pecommenda-
tions.
Excellence in music and art, Mr.. Nc
Intyre pointed out, was not character
fstic of the English speaking people. a
expression in more utiIftarian fields of
endeavor. Greece had exoelled in art,
Rome in empire building. and the Eng
lish speaking people In commerce. In
trade and in government. Their pre-
emlnence in these pursuits had almost
made English the universal tongue. 1t
would naturally be supposed that such
a people would have a model of legal
procedure and practice which the whole
world might follow. but such was not
the case. Their system. considering
the achievements of the people. was
singularly defective. In spite of the
genius of the English people for the
nracticaI the EnO1fgh IoW a
monument to those who build 1t up.
The English law did not come up to the
requirements of the guardianship of
the rights of the Individual.
fact that the law of the Southern States
had been adopted from the English law
with all its defects. Especially was
was like that Of Eighteenth Gentry
England. The legal procedure of Ala
bama. he said. was in a very crude
state. He pointed out number of de-
fects as he saw them, opportunities
for captious objections and unneces-
sary delay. The chancery procedure
was especially open to objection. He
of the great commercial States of the
Union. had adopted a new code of pro-
cedure and he strongly recommended
for Alabama the adoption of q similar
code.
He did not favor a radical reform
He rather favored a development in a
gradual way, along conservative lines
towards clearer and more definite
recommended the appointment by. the
Association of a commission which
would present to the next Legislature
a new code of procedure.
AN ADDITIONAL JUDGE
Alex London of Birmingham, having
secured recognition, offered the follow
ing resolution:
s'VVh eraas nv reason of tho Yar0a In
crease in the business of the Federal
Court for the Northern District of Ala
bama, the dockets are so congested as
to amount to a practical denial of JUS
tice provision for an additional judge
is absolutely necessary; therefore be II
Resolved, that II is the sense of this
Association that an additional Federal
District Judge should be provided for
in this State at the earliest practical
day.
Resolved further, that the Central
Council Of this Association be and is
hereby directed to take all necessary
steps TO carry out the provisions of the
Mr.. London spoke briefly on his res
Birmingham had known that this par
ticular matter was to be brought up
before the Association there would
have been a large attendance. 1t was
North Alabama that new Judge was
needed. The resolution stated the SIM
pie truth. There were cases on the
docket of the Federal Court which
stood no prospect for hearing. With
the rapid development OF the business
Of the Federal Court. one Judge If he
held court for all time, day after day.
would be unable to cope with that
court were doing more than men could
be expected to do, but to meet the sit
uation was beyond human power with
out additional assistance.
Mr. Tnndnn asked that this raQnIn-
ton go over until today's meeting and
the request was granted.
The Association then adjourned un-
til $3.50 o'clock p. m.
PAPERS READ AT
AFTERNOON SESSION.
The afternoon session began at 4
o'clock. At that time the Association
was called to order by President De-
Graffenried.
He announced the appointment of the
Committee to Nominate Officers au-
thorized by the resolution of William
Blakey. as follows: w. M. Blakey,
Henry Pitts, Alex T. London. w. w.
Callahan and Lawrence Cooper.
He announced also the appointment
of the Alabama delegates to Worlds
Congress of Lawyers at st. Louis. The
delegates appointed were as follows:
The President and Secretary of the AS
ISOLATION. Thomas r. Roulhac, William
II. Thomas, George p. Harrison, F. G..
Weather1y and s. d. Weakley.
H. f. Gipson of Parttville contributed
an interesting and convincing paper on
Delay of the Law as an Excuse for
Lynching." Mr.. Gibson spoke of the
Importance of the subject and of the
many contributions to the discussion
by the press and the bar.
Mr.. GIBSON took no stock In the con-
tention that the courts and the lawyers
were chiefly at fault. The clamor
raised by men as to the delay of the
law was raised by men who were them
selves responsible for the delay. The
clamor raised against the miscarriage
of justice by the law was raised by
the men who were themselves practi-
cally responsible for It, He quoted
the Gafford case as an instance, telling
of the three trials of John Gafford. The
jures in the first two trials had con-
victed, but on the third trial the third
jury acquitted on the same evidence
on which the first two juries had con-
victed.
The courts had special forms and
requirements that insured the rights of
all and they should not be broken
down. No need had yet arisen for
the dangerous breaking down OF forms
and customs.
responsibility rested upon the
judges and lawyers which should not
be evaded or avoided. The speedy
administration of the law to the ends
of justice would obviate criticism or
the law. The judges should not per-
nit or tolerate captious objections and
the lawyers should not file petty in
Propositions and objections.
The paper opened a lively discussion.
Most of the lawyers had clearly de-
AVa via .fS To- \ 49,,