Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-23
President Of State Bar Association Strikes
at Existing Abuses,
PLAIN LANGUAGE is UNSPARlNelY USED
Prof George Elliot Howard Reads
Paper on Abuses OF Divorce
Laws and Outlines Pos
sible Remedy.

at nome,
When President Breckenridge rose to ad-
dress the gathering the room was we'll
filled with members Of the local and state
bar and there were also present score
or more Of interested women, mostly wives
Of members Of the local association.
President Breckenridge address held
the closest attention of the audience
throughout its delivery, while several
points were heartily applauded, especially
a forcibe and caustic criticism Of the re-
Gently published volume containing the
laws passed by the last legislature.
Prof George Elliott Howard Of the state
university faculty, who followed Mr..
Breckenridge with the only stated paper
Of the day. also had deeply interested
listeners and won several rounds of APP
plause.
President BreckcnridRe's Address.
The annual address Of the president is
here given in full:
Thirty years ago our present Constitu-
tion was adopted: constitution that did
well enough for the eight-year-old infant
commonwealth whose people, then few in
number were struggling against poverty
lilly adapted to the needs of a large and
growing population of prosperous citizens
at least in so far as 1t prescribes unaltel
able regulations with respect to the au-
nlinistration of law, as are swaddling
clothes to a full-grown man.
The early settlers in Nebraska were, for
the most part young vigorous, sturdy
pioneers, who were more intent on de-
veloping the material resources of the
land the than in building up system OF 6eT%r
laid in any community by men of greater
strength and capacity than Andrew J.
L. Miller, James NJ. Woolworth. Eleazer
Wakeley and Experience Estabrook
The civil codes Of neighboring states
HNTR IRA yNHfa NGTW ir11iV1 "a "
obtained from the state Of Iowa; and the
Revised Statutes of Nebraska, including
Experience Estabrook in 1866, was a much
after forty. years of legislative and judi
cial tinkering; for II was then coherent
and consistent with itself
Examples of Law Making.
The intellectual development of our peo-
pie has kept pace with our material ad-
vancement, but we have not, as state,
kept abreast of our own people in their
prosperity, or with our sister states. The
people Of this state are now staggering
under great burden Of statute law which
our judges are sworn to administer. that
has been thrown together without regard
TO coherency or consistency. II is mat
ter of common knowledge that the time
OF the members Of every Legislature Is
largely devoted 70 occurring the passage of
sOlne i3l s7seaa lIJ It's fai0nIls. .oy. to- kill
sople measure otnoNious te S,bdrt Hbiidr 1Iis
terests. An illustration OF this rs The last
fraternal insurance bill introduced into the
legislature, in which the SO-called traternal
insurance congress which might be more
appropriately characterized as the fra ternal
insurance trust, a combination Of faternal
insurance companies of the country sought
to procure the passage Of certain bill
which was the subject Of bitter and ulu-
mately successful attack by Interested
Any individual who has found some pro-
vision of the revenue law, of the chapter
: on corporations, OF that Chapter Whlch
prescribes the fees of public officers or
7 any other Of the subjects dealt with in
the ninety-five chapters of our compiled
statutes. to work TO his personal disad-
vantage, straightway interviews some
member of the legislature for the purpose
OF having that particular thing fixed so
that the law will not require him to do
what he does not want 10 DO, and Will com
pei his adversary to do what he wants him
10 do. He may not be satisfied that he
can get as faithful service from his neigh
Dor as he could himself render to himself.
In such case. he procures his own nomna-
tion and election to the legislature. and
takes his seat with a purpose hostile to
those sentiments which ought to inspire
! For instance. our chapter on corporations
! has been amended forty-one times, The
revenue law in force prior to the present
I law was changed, modified and construed
J by twenty-five years of legislation and
! 300 decisions of the supreme court.
! Freaks of the Late Legislature.
J 1t is understood that the laws of this
state are published by contract. The Off
with the printed certificate by the secre-
/ tary Of state that he has carefully exam
ined it, The book is printed on paper not
good enough for wrapping paper; it is
/ full of misspelled words, and some of the
acts are without meaning because of typo
graphical errors. This volume is an Of
tense to the eye and a disgrace to the
state, but from it may be obtained some
illustrations OF the legislative tinkering
done by the last legislature.
/ 1t was deemed necessary to pass an act
! limiting the practice OF law TO duly ad-
/ mitted members Of the bar, II is said
/ that this surprising enactment was essen
3 tial to keep certain county judges who
, are not lawyers from praCtiCing in their
. own courts: and / submit for your action
/ thereon certain resolutions of the bar OF
! Sarpy county requesting the county judge
/ Of that county 10 enforce this statute
{ II is I'm order to suggest that country mer.
: chants. tinsmths and farmers, who might
/ make excellent jurors are not suitable per,
! sons to hold so responsible an Office as
! that Of county judge, who is frequently
| called upon TO exercise a sound legal dis
/ crction, and among whose duties Is the
administration Of the estates of deceased
The self-constituted guardians Of the city
! Of Omaha met prior 10 the ConVening OF
the legislature, each with an axe to grind
Z insisting on doing something TO the char
4 ter of metropolitan cities and as the re-
suit OF those deliberations wise and un
! wise. the Omaha charter made its reg1Ilai
. appearance i'm the legislature, and IN,
. powers conferred upon metropolitan cities
and the duties Of the officers Of such cities
pages. This biennial enactment Of a char
Ter for the city OF Omaha creates a de
lightful state Of confusion and serves an
. incompetent city council as an excuse foi
its failures.
: County trcasurers are now permitted I,
substitute surety Compa nies for individua
surcties on their official bonds and IN,
counties will pay the premiums on TN,
bonds
Peculiarly of PhrHseOIOEy.
A district judge at chambers is nov
authorized TO do certain things while set
ting" among these Is the exercise of "suCl
other powers as may be conferred upon ;
Judge In coutradstinction 20 a court" Tn,
legislature opined that an emergency o
some sort existed and the act, establish
ing this remarkable increase in the power
cf district judges, was passed with al
emergency clause, so that since March 36
1906 our district judges have been set
ting" and have been exercising sucl
/ movers as may be conferred upon tbeu
"in contradistinction 10 a court" This ac
will probably need construction. II vii
| b. interesting TO learn what our distric
Judges have been setting on, what the
have hatched, and what powers they pos
sess while setting In chambers in con
tradistinction 10 a court"
I Ine biennial elections bill met the fat
which all unconstitutional measures ough
10 receive. and everybody, except the III
dcers whose terms would have been cY
Tended thereby. Is glad that We have
1 supreme court which promptly and unan
imously resented this palpable invasion o
the constitution. To hitch the nomination