The Cairo bulletin., 1907-08-28
GOOD LAWYERS
WANT GOOD LAW
IMPORTANT CHANGES ARE SU0
cEsTED BEFORE AMERICAN
BAR ASSOCIATION.
LAW IN BANKRUPTCIES
Should Give Broader Definition Of IN
sovency---uniform Sales and
Warehouse Receipts Should
Be Required.

Portland, Me, Aug ~ Today's
session Of the American Bar Associa-
tion was taken up with reports q
committees.
The committee on legal education
recommended the adoption of uniform
laws on the subject Of law degrees,
giving an outline Of law that re.
quires longer courses Of study than Is
now ordinarily required. also recon-
mending the appointment by states Of
boards To have supervision Of all ex.
animation of applicants ior admission
to the bar The committee on patents
says the record shows that more than
hall the patents issued are decided 10
be invalid when passed upon by tae
courts There is glaring inconsistency
between the decisions and the prae
tice IN patents had degenerated from
science to guess work. A law IS
proposed which provides for court
of FIVE judges before whom all patent
EttSI5 Ailtttt bS t4iFtt Qt ttpItttl anu iltA
decisions shall be final.
The committee on Copyrights gave
an outline OF bills now pending IA
congress which would greatly extend
the protection OF the law to authors
SO as to include all classes Of work
which can be included in the consti-
tutional term Writings of an AN
thor The reproduction OF musical
compositions on phonograph or
pianola is prohibited in the proposed
law
Several amendments to the present
bankruptcy law including an enlarge
ment OF the definition Of insolvency
and d recommendation that the asso
citation approve both the Uniform
Sales Act and the Uniform Ware
house Receipts Act, were included ia
the report OF the committee on Com
mercial Law. The changes In the
bankruptcy law advocated by the re-
pprt are made under the heads: in
the statutory definition and proof Of
insolvency in fact. in the enumeration
of acts OF bankruptcy; and in respect
TO the person or persons qualified to
mako affidavit to petition in inyoi- |
untary bankruptcy The report says
The present restricted statutory |
definition Of insolvency has been
much criticized and is certainly prac
tieally embarrassing in matter 1f |
proof 1t is said to protect debtor
whose property Is not quickly con |
vertible. but on the other hand 1t may
operate to put creditors at the debt !
or's mercy. The committee believe |
that the definition Of insolvency in |
fact should be enlarged, and that the |
statute should provide that insolvency |
may be further proven by any one of
the three following circumstances, |
viz: BY return OF 'nulla bona to a
writ OF fieri facias; by proof of in
ability to pay debts in the due course
OF business rs they mature (This TO
be limited to commercial classes)
by the appointment OF a receiver for
co.partnership or corporation which
is insolyent And the committee fur
ther recommend that the enumeration
of acts Of bankruptcy be modified or
enlarged so as to coincide with the
new definitions of insolvency In fact.
The committee further recommends
an amendment to the statute so that
il may provide that the affidavit to a
petition in Involuntary bankruptcy
may be made by pethioning creditors
or by their agents or attorney.
In consideration Of the great i'm
portaace of uniformity in the law of
sales aud the law OF warehouse re-
ceipts The committee recommend
the approval by the association of
both the Uniform Sales Act and hie
Uniform Warehouse Receipts Act, and
that a special committee or special
committees. of the association be APP
pointed TO secure their passage by the
legislatures OF those states which
have not already adopted them, In
cluding their adoption by congress for
the District OF Columbia. The com ,
mittee suggest. however. that the bill
concerning Warehouse Receipts might 7,
be improved in one particular. that is. !
By making it more definitely protest
the rights OF the transferee OF q find-
CT OF a warehouse receipt. and that
the attention Of the commissioners on Z
Uniform State Laws should be called !
20 this natter As now drafted the ,
transferee OF a fraudulent holder is +.
definitely protected. but protection IS :
not extended to the transferee Of a I
finder. and there is thus a possible :
diminution Of negotiabiiitv resulting I
in the necessity Of proving by hold Z
CT that be Is entitled to hold the re-
ceipt The committee do mol intend {
this suggestion 10 be limitation II {
Of tfe biii In question. but j
The endorsement % both D
laws in their entirsty.7 :