New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-01-29

Adelbert Moot BurraIo: vice presidents-1st Dis
trict Lewis Delafeid: I'd District. William c. De
Witt; Sd District. Charles J. Buchanan; 4th Dis
trict Edward c. Whitmyer; 5th District William
Nottingham; 9Th District Harvey d. Hinman; 9Th
District, Eugene Van Voorhis; Sth District, Lewis
l. Babcock; 9th District. James NJ Hunt; secre-
tary, Frederick E. Wadhams, Albany; treasurer
Robert Hessberg. Albany.
Everett p. Wheeler OF New York, then read
paper on THE American Bar Associations Recon-
mendatlons TO judicial Procedure" He said
that the recommendations made to Congress related
only in form TO federal procedure, but
plicable procedure in the state courts. MIR
Wheeler said that there were five recommendations
embodied in the bill. ThesIast four related solely
to procedure In criminal The first recon-
nendation proposed to add to section 1,O11 of the
United States Revised Statutes. which deals with
the power of appellate courts the following clause
No Judgment shall be set aside or new trial
granted by any court of the United States In any
ton of the jury or the inproper admission or re-
lection Of evidence. for error as to any matter
the court to which application Is made. after an
examination Of the entire cause 1t shall affrma-
resulted in a miscarriage OF Justice
Experience shows" said Mr.. Wheeler. that the
granting of new trials upon issues Of fact is gen.
orally source OF Injustice. The radical objection
to the trial Is that bo.h parties have already
had hearing; they have been put to the expense
OF employing counsel upon that hearing; the whole
machinery of the courts has been employed to ad-
minister justice between them.
In dealing with this important subject l ask you
TO put yourselves ia the attitude Of a lawyer who
has righteous ard naturally desires TO
bring Il trial and obtain final Judgment for his
client as possible. Is not this the attitude
YOU always want to occupy? After all, when we
look at our profession from the standpoint of the
commonwealth, when remember that We are
not only attorneys for client, but officers OF the
court and charged with an important part in the
administration Of justice. we must admit that we
occupy a humiliating position whenever We under
take to defeat II. 1t may be lawyers duty 10
occupy this position under The existing system All
the more therefore, is It duty citizens TO en-
deavor to reform the system. so that these means
of procrastination shall no longer be available.
The report Of the committee on law reform was
read by ]. Newton Fiero. dean OF the Albany Law
School.
An amendment to the constitution submitted oy
Simon Fleschman. OF Buffalo. was adopted II pro-
vides for the appointment OF committee OF three
members of the Bar Association from each 1udlcial
district prevent the nomination, election or APP
pointment of unfit incompetent persons TO any
judicial Office.
Ex-senator John c. Spooner addressed the dele
gates tonight His subject The Power OF
Congress Under the Commerce Clause Over state
Corporations Engaged in Interstate or Foreign
Commerce" Mr. SpoOn.r challenged the right or
Congress to assume control a corporation
created by state by regulating its issues OF stocks
and bonds II such proposals are enacted Into law
and upheld by judicial decisions he said. the states
doubtless will demand revision OF the Constitution