The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-30

Twenty-third Annual Session of
State Bar Association.
They Want the Civil Code
Simplified.
CUT ARBITRARY RULES
Cause of Much Delay in Court
Proceedings.
Committee Of Five to Make Re-
vision to Be Named.
1T ARBITRARY RULES

Preliminary steps were taken this
morning at the opening meeting of the
23d annual session Of the State Bar as
soeiation in the supreme court room
for a complete revision of the civil
code OF the state
The following resolution. introduced
by S. II. Allen, former justice of the
supreme court. was adopted:
Resolved, that a special committee
Of five be appointed by the president
to report general revision of the code
of civil procedure eliminating as far as
practical Bile all arbitrary rules which
tend to delay the disposition of causes,
determine them otherwise than on the
merits, occasion unnecessary costs or
inconvenience or require successive
trials of the same issues, and that such
committee reduce its proposed amend
ments to the form of a bill to be pre-
sented to the legislature at its next
session if approved by the association,
and that said committee be directed to
submit its report on the first day of
the next session of the association
The committee provided for has not
yet been appointed but viii be this af-
ternoOn. The association also allowed
the committee the sum of 500 for the
purpose of defraying the expense Of
their work
Revision of the code" does. not mean
much to the layman but it means
everything to the lawyer. The civil
code is the lawyers Bible. Under this
code he must try all his cases. AS it
now stands it is full of technica1ities
and arbitrary rules, which often lead
| the lawyer into serious errors, some
times causing clients case to be Sc
riousiy prejudiced-
Those who have followed the eharac-
ter of the bills introduced at each ses-
sion of the legislature know that a
very large proportion of all bills intro
duced are presented by lawyers for the
purpose Of making some change in the
civil code. Some of these proposed
changes are no doubt very desirable. and
some are presented simply to satisfy the
injured feelings of issYyer who has
/ lost a case because OF some fancied de-
feet In the code. CJllseQ eQteut3y, there
IS a prejudice against such bills. Old
/ lawyers do not like to be continually
changing the code for that would make
the muddle worse than ever. But a
general revision would be welcomed,
and this is what the state bar associa-
ton is trying to bring about. In the
last session of the legislature, the Ju-
dietary committee Of the house was
dubbed sthe slaughter house., because
it killed SO many of these bills for slight
amendments to the code Every lawyer
in the house seemed to nave some
/ changes which he wanted to make, but
the judiciary committee only let very
]
The opening session of the bar asso-
! citation was largely devoted to the
| transa ction Of business. The executive
| council reported the names of 4S new
mem bers, who paid IS apiece for the
privilege of being enrolled on the books
of the association. The following hon
orary members were admitted:
Judge J. NJ Johnson, Kansas CITY
court of appeals.
Judge William G. Hook, United states
pjTcI1jt
Judge John c. Pollock, United states
district court.
The lawyers whose applicaJloas IoL
mem bership were favoraoly acted upon
| were as follows:
B. F. Shinn, Chanute; A. NJ. Jack
son. winfield; A. P Wilson, Topeka;
Chas. Wierenga, Lawrence; A. T.
/ Wilson, Goodland; c. A. Wilson,
+ Go0dIand; Nelson Case, Oswego; A
/ M. Keene, Fort Scott; j. D. Johnson
". G. Fairchild Hutchinson; W. s.
/ Jenks. Ottawa; G. L. Miller, Garden
/ city; J. P. Noble, Atwood; ]. A.. =.
i Shippey, Douglass; Arthur Fuller,
/ Pittsburg; E. P. Hotchkiss, Topeka;
1 d. r. Beckstrom, Tribune; c. E. Cory
i Fort Scott: R. ". Hoskinson, Garden
/ city; Chas. G. Hoge, Oiathe; L. X
/ Boyer Scott City; E. II. Lees, Lyons;
+ o. B. Jones, Cove City: Chas. W. Gar
peka; J. H. Hamilton, Columbus; p
/ T. Gov Mankato; J. T. Bolts, Co
/ manche W f. Staf1eback, yelling
i ton; S NJ. Brewster. Troy; Alfred 4.
+ Scott Topeka; J. w. Dana, Kansas
/ City: Jabez o. Emerson, Kansas city;
! Alvin Gates, Clay Center; Ross Long
I Topeka; S. L. Walker. Columbus
/ Chas D. Ashley, Columbus; f. D.
/ Turk, Hill City; w. j. True. Pittsburg;
i Charles L. Hogey, Beloit; Earl Brown
/ Concordia; Rein lams, clay center
/ w B. GlasSe, Parsons; F. H. Foster
| Parsons; F. P. Hettinger, Hutchinson
| James Hettinger, Hutchinson; r. II
| C1ogston. Eureka; Gordon L. Finley
| Dodge City.
This afternoon the programme is as
Report of judiciary committee, A
| w Benson, chairman, Ottawa.
Report Of committee on legal educa-
/ ton and university law school, J. d
/ Mcfarland. chairman, Topeka.
Report of committee on Washburr
law school. W. H. Rossington, chair
man, Topeka.
Report of memorial committee, E
| F. Ware, chairman. Topeka.
I Pesident's address, THE State an6
the Corporation, Charles w. Smith
Stockton.
Address. sThe Case System" E. B
Conant Washburn law school.
Miscellaneous business.
This evening, the session is one oi
/ the most important of the entire ses-
! sion. Judge J. NJ Johnson of the Kan
i sas city court Of appeals, win deliver
the annual address on the subject
New Models
The programme for Wednesday in
cludes= papers by w r. Biddle Of For
Scott. J. G. Ruppentha1 of Russell, S
M. Porter of Caney, Justice Charles B
Graves of Enporia, Frank Doster oi
Topeka and w. H. Rossington of To
pela.
i Wednesday evening the annual ban
i quet viii take place at the ThrooT
| hotel.
Weather Indications.