Omaha daily bee., 1909-12-29
Plan Broached to 0bviate the Laws
Delays Gets Blue Pencil.
PROPOSITIONS CAST TO WINDS
Tenth Annual Convention Of State
Barristers Not All Harmony.
PRESIDENT BRoeAN TAPS STREAM
Opening Speech Deals with "NationRI
acknowledgement Refers 60
Criticism OF Bar and Bench
and Raps at Statutes.


braska State Bar association desires to be
discharged The legislative committee has
that pained feeling which comes when
earnest efforts do not seem TO be appre-
ciated.
The committee reported yesterday after
noon four propositions designed TO favor
expedition in litigation and to obviate the
laws delays. The bar association voted
every recommendation down.
Headed by c. c. Flansberg OF Lincoln,
the committee made a gallant fight for it's
measures and the flow OF unpaid oratory
throughout the afternoon lacked nothing
in quality or quantity because opponents OF
the planned reforms were not slow to de-
liver lengthy answers,
The first proposition rejected was rec
ommendaton that the American Bar
ISOLATION be indorsed in it's stand on action
of appellate judges with regard to- error
in the record of a trial The American Bar
association thinks the appellate judges
should be permitted 10 disregard error un-
less this error is found to be prejudicial.
Those in favor of-the plan say 1t will per-
init the disregarding of trivial technical
errors in trla, in lower court.
Clash over Second Plan.
There was a battle royal over recon-
mendation No 2 led by Ralph Breckenridge
%
The proposition is that trial judges should
be required to make a finding as TO
whether the errors asserted in motions for
now trial are or not prejudlcial.
Like proposition I and ii and " later,
this recommendation was voted down by
the bar association
Proposition No. 3 concerned itself with
oral instruction Of jurles and No. rec
commended that appeals shall be taken
within thirty days and filed in the supreme
court together with the original papers in
the case within sixty days.
The legislative committee includes W. NJ.
waring of Lincoln and A. r. Olson Of
wisner, besides Mr.. Flansberg After the
discussion of and execution OF these recon-
mendations the association adjourned for
the afternoon. Last evening visiting law
years were entertained at smoker at
the Commercial club given by the Omaha
association. The meeting was Altogether in
formal and there were no speeches.
! This morning another hot fight VIII come
over the question Of the adoption of the
code Of ethics, recommended by the Amer
lean Bar association. The association be-
gan it's session yesterday with the annual
address of President f. A. Brogan.
President Brogan's Address.
President Brogan spoke on Rational Law
Making and referred first to the criticism
which judicial and legal procedure has
been receiving recently in great quantity.
Mr.. Brogan declared that the position Of
attorneys with respect to change in pro-
cedure can be divided into three kinds the
ultra conservatives. the radicals and the
man who would abolish a particular rule,
without any consideration OF its relation
to other rules and practices, and without
OF, nf Of ba
system as a whole.
The speaker denounced ali three and as
serted that "the only way a legal system
can be kept alive is by undergoing the
usual phenomena of growth and life
whereby dead and obsolete parts are re-
jected and cast away and new and living
members grow up to replace them"
Attacks Bank Guaranty.
Mr. Brogan in the course Of his address
fired a few fervld remarks at the Ne
braska bank guaranty law and again at
the Nebraska antitrust statutes. Concern
ing the latter he said:
q II am aware that / am treading on deli
, cate ground when l suggest that the multi
I tude of statutes for the suppression Of
! trusts and combinations in restraint Of
trade have not been enforced, not simply
because the men who organize and profit
by the trusts are powerful and resourceful,
and certainly not because the courts are
. either corrupt or inefficient It is rather
! because such legislation has ignored nat
ural causes, and has run counter to in
dustrial and commercial growth.
! Instead OF inquiring into the causes
= which have led to these fundamental
a changes in our method of doing business,
> we have pretended, but with very doubtful
. sincerity, to outlaw them from their in
cepton Instead OF making intelligent and
sympathetic study into their nature and
their causes, and providing such rational
- legislation would give to the public the
benefit OF whatever good there may be I'm
them, and guard against their evil use by
selfish or designing men, we have been
proceeding upon the empirical and IRA
tional plan OF decreeing their destruction In
response TO the demands OF political theory
mo doubt, In time we will come to un-
derstand and appreciate the conditions
with which we are dealing, and we will
Il devise means, and enact laws whereby
II the new industrial methods. instead Of be-
e ing dangerous to the public welfare, will
be harnessed and made doclle by rational
> legislation and compelled 20 serve tho
IS country's progress.
y HumOr In Nebraska Law.
l. "The Nebraska statute on this perplex.
II ing question contains, with most uncon.
scious humor, a naive confession OF the
Is irrational methods of dealing with indus.
y trial combinations. Like the federal Law
Ie and the laws Of most OF the states Il make,
'e the mere existence OF trust or monopoly
;. or combination TO control trade In q par.
n ticular commodity, a criminal offense pun
s. ishable by fine and Imprisonment.
W zone OF its sections furnishes the law
e officers with an fundamentally for IN,
le suppression Of the crime, whereby such &
y. combination may be excluded from contin
b uing in business But in the first instane,
y, It is provided that Il may not be excluded
until It has been twice convicted OF bsln,