The Montgomery advertiser., 1907-06-29
.State Must Change Judicial
 System in Vogue, Say LatDyers

shame" the report added. Other matters taken up by the re- l port were the Sales act the Ware house Receipt" act, and uniform law regulating the reversal of Judgments and granting new trials In civil ana l criminal cases. In concluding its argu- ment for the latter cause the report | said:
 Uniformity is a movement toward | correct principles. It eliminates the bad and selects the good, calls the just | from the unjust laws; it emphasizes l the dignity of law as a science makes | it worthy rival of imperial iusispru- | dence. Is salutary step for the com mon good, and seeks righteousness and 1 truth. The bill proposed by the committee l for introduction into the legislature reads as follows:
 I Be it enacted by the Legislature ct l Alabama, Section l, that no judgment shall be set aside or new trial granted 1 by the Supreme Court of Alabama, in | any case, civil or criminal, on the ground of misdlrection of the jury, CT | the improper admission or rejection oi l evidence, or for error as to matter ot | pleading or procedure unless, in the l opinion ot the court, after an exasntna~ l tion or the entire cause, it sha4l at- | tirmatively appear that the error coui- 1 plained of has resulted in miscarriage | of justice.
 | laws in conflict with this act De, ana | the same are hereby repealed" The Association then adjourned to- | meet at o'clock in the afternoon. Consider Jeffries Resolution. At the afternoon session the one res- olution to be considered by the Asso- citation was that offered at the morn l ing session by MT Jenries There | was lively discussion over the adop- l tion of this resolution which was taken part in by nearly all the members pres | ent.
 The tenure of this discussion was | a eous view of the actual purpose of the resolution because of its reading. It was argued that some might be of the opinion that the Association was abso- lutely satisfied with the present laws l governing the method of procedure in the matter of code pleading, whereas 1t was pointed out mat there are sew i eral ways in which 1t can be improved. It was thought however, that any con- 1 templated changes should be made un- der the direction of the Association, or, as one member expressed 1t. the Asso- citation ought at least to have a whack | at it.
 It was finally agreed to change the wording of the resolution so as to make 1t read as follows: Be it resolved, That it is the sense of the meeting of this Association that the system of pleading, now the law of Alabama. be not radically changed or amended by aify action of the law making bodies of Alabama, or any commission created thereby. The resolution as changed was adopted and, upon motion, 1t was referred to the Legislative Committee, power to see that the purpose of the resolution is carried out.
 Judge Thorington read paper on the statute of amendments as affect | ing the common law as to departure, and the doctrine of relation, in which | he in part said:
 But few questions have vexed the courts, and the legaI profession, as that lOf Nf rAA in to what constitutes a departure. and the doctrine of rela ton as affecting the defense of the statute of Limitations.
 While the Supreme Court has been liberal in the construction of the stat utes of amendment or pleading, both in | actions at law and suits in equity, to | advance the manifest purpose of the statutes, 1t has recognized in all its decisions that no amendment of a com | plaint is allowable, if objected to. This constitutes departure, the limit to the right to amendment being declared that the amendment must not make new case" nor introduce an entirely new cause of action-and the same rule prevails in equity as to amendments tire respect that the court has not been very clear and consistent in defining | what is a new case, or new cause in action in fact, it's decisions for quite long period were irreconctliable on the subject.
 There are cases in which 1t Is held that if complaint failed to state a cause of action. or a bill to set forth a cause for equitable cognizance. an amendment of the complaint setting forth good cause for action. or of the bill giving 1t equity, was allowable, and also that when complaint was filed with a single count in strespass l an amendment might be allowed by introducing a count in the case-and also that when the original complaint counted alone on defects in ways. ma nh Tall nf a nf mi 70 added based upon the negligence of some person having superintendencn, etc. and further holding that if spch amendments are based upon the orig inal transaction in the statute of lim- itations. was the defense"
 Cited Montgomery Cases.
 ., The Judge. then cited the case of and that also of Hall and Farley. Trus- tees, vs the Alabama Terminal Im- provement Company ct als, and ex- patiated on the merits of the two cases as recited by the Supreme Court. He clearly brought out the differences in the ruling and concluded by saying;
 Tt Is difficult to understand by what magic potency there is or can be, in mere friction of law that entities it
 to override the State Constitution. an adopted rule of practice and a stat ute securing substantial defense now Supreme Court of Alabama, to be quite as meritorious as any other.
 The Association then adjourned un- til today. when the program to he
 taken up at Jackson's Lake will be as follows:
 Paper Sy IT F. Gipson on "The Car icaturist as 2 Civic Power"
 Report of the Committee on LeRIsla- ton by the chairman. Hon. J J. May field.
 Report of the Committee on criev- ances by the chairman, Lawrence Coop l CT Esq.
 Renort of the Committee on Local Bar Associations by the chairman. Mac A Smith, Esq.
 Rernrt of the Comr,ittee on IyAeisla- l tive Enactnnnt by the Chairman, J. M Foster. Esq.
 Election ot officers.