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thorough preparation on both sides founded on time for studying the adversary's views.
“In the olden times, when the Supreme Court of the United States was attended by Wirt, Pinckney, Walter Jones, and Reverdy Johnson, and other resident counsel only, these gentlemen, being in Washington or Baltimore, might, under the rule, familiarize themselves with their adversaries' views during the six days or three days permitted by the rule, so as to discuss orally, with competent knowledge, the antagonist's position. As the bar of the Supreme Court of the United States is now constituted, gentlemen coming from great distances, in answer to a telegram from the clerk, reach the court the night before the cause is to be heard, and they are compelled to go into trial on their previous preparation without knowing what has occurred during the six days or three days prior to the date of the hearing. If the time were enlarged to ten, twenty, or thirty days, it seems to me the cause of justice would be greatly facilitated.
“The rule in Ohio requires that a copy of the printed record and brief or argument shall be furnished to the opposite counsel within a reasonable time before the cause shall be heard.'
“Under this rule, my own practice always has been, and this is (I think) the general practice throughout the State, to exchange briefs long enough in advance to enable counsel to reply, or, at least, to make intelligent criticism at the time of the oral argument. Oral arguments, however, are not resorted to in Ohio as much as they ought to be, and this fact modifies the effect of the rule.
“ I am not familiar with the practice in other States, but I am convinced, from what I have heard from gentlemen living in other States, that the evil of submission to the courts of last resort of causes without sufficient prior knowledge on the part of counsel of the views of their adversary is widespread.
"Of course, I am looking at this question entirely from
the standpoint of the court and the interests of justice. There are cases in which, beyond a doubt, it helps a lawyer to hide his brief from his adversary, and only lawyers who are willing to resort to this species of malpractice (for such I cannot help calling it) would object to the passage of this resolution.
“In my opinion the interests of justice will be furthered by the adoption of the resolution I have suggested, provided the evil is as great as I think it is.”
William Allen Butler, of New York:
Moved that the resolution be referred to the Committee of Judicial Administration, and the motion was adopted.
W. B. Webb, of the District of Columbia :
Mr. President, to inaugurate the celebration of the Centennial Anniversary of the Institution of Constitutional Government in the Western Hemisphere, which is to take place in 1889, in a proper manner we desire to offer what I shall read to this Association. In the city of New York, for some time past, preparations have been going on toward making a national celebration of this one hundredth anniversary of the adoption of the Constitution of the United States. The Senate of the United States has referred the matter to a special Committee, and that Committee has expressed very favorable opinions toward this national celebration. There are sixteen Republics in America, all of which, nearly, have modeled their Constitutions upon the Constitution of the United States. From nearly every one of those we have had letters signifying their desire to unite in this national celebration. We have had a resolution from several Con ventions in the country to the same effect. We think that this body of representative lawyers could do a great thing toward that celebration if they would adopt resolutions urging this celebration at the Capital City of the country. I therefore offer the following resolutions :
“WHEREAS, It is proposed to celebrate at our National Capital, in 1889, the One Hundredth Anniversary of the Inauguration of Constitutional Government in the Western
Hemisphere, which celebration is intended to be a joint tribute by the sixteen American Republics to the Constitution of the parent Republic—the United States;
“WHEREAS, It is proposed that said celebration be under the auspices and control of the General Government, viz. : a Commission of nine, three to be appointed by the President of the United States, three by the President of the Senate, and three by the Speaker of the House of Representatives :
“Resolved, That the American Bar Association favors this patriotic movement, and commends it as a dignified and useful way of celebrating the Centennial of the Constitution;
“ Resolved, That the Secretary be instructed to send a copy of these resolutions to the President of the United States, the President of the Senate, and the Speaker of the House of Representatives.”
C. C. Bonney :
With very great pleasure, Mr. President, I second the resolutions which have just been read.
They were adopted.
“ Resolved, That we recommend to Congress the passage of the bill pending at its last adjournment to increase the salaries of District Court Judges of the United States to five thousand dollars, and that we respectfully request our Senators and Representatives in Congress to support that bill and urge its passage.'
If there be no objection, the resolution will be referred to the Committee on Judicial Administration and Remedial Procedure.
Charles Borcherling, of New Jersey :
A resolution offered by Mr. Smith, Mr. President, made a suggestion upon which it would be expedient for this Association to take immediate action, and to which its immediate attention is desirable. The working of this Association as it now
stands is that resolutions are referred to the proper committees. The committees at great labor make their reports at the following session. Those reports were not printed heretofore, as far as I know. At this session we find them distributed the very moment the chairman of that committee reads the report. What is the consequence? Here we had yesterday a very important matter in regard to which it was stated by some member that there was no resolution to look at, and therefore very much time was spent, and members argued upon subjects not within the purview of that resolution. Under those circumstances, and taking the Committee on Commercial Law, whose report is now again postponed until the next session, by which time, unless action is taken as I now very respectfully submit, most of that report will be lost sight of. I therefore ask that the order of business be changed in this particular: That all reports be printed and distributed among the members before the Association meets, or on the first day of the session, and that the reading of the reports be dispensed with hereafter, because it is assumed then that every member is familiar with their contents. By that means it seems to me that much valuable time may be saved, and in some instances we may listen to matters and arguments in point.
The Secretary :
Will the gentleman be kind enough to formulate that in the shape of an amendment to the By-Laws, so that the Secretary will know his duty and make it a permanent rule?
Charles Borcherling :
I suggest that not only the report of the Committee, but all that the Committee ask the Association to adopt, shall be printed also. I ask the gentleman from New Jersey to incorporate that in his amendment.
The President :
I understand that the report of the Committee would embrace everything that they recommend.
Charles S. Bradley :
My suggestion is that the report of the Committee and whatever the Committee ask the body to adopt or approve
of should be put in print and distributed among the members.
Of course, Mr. Borcherling, in preparing your amendment you understand that Judge Bradley, of Rhode Island, suggests that you add the recommendations that the Committee make to the body for adoption.
Charles Borcherling :
Yes, sir. Mr. President, I have been handed a resolution by Mr. Barclay, of St. Louis, which embraces all that I
suggested, and I therefore offer this resolution now :
“ Amend By-Law XII by adding: And
And any such report containing any recommendation for action on the part of the Association shall be printed, and shall be distributed by mail by the Secretary to all the members of the Association at least thirty days before the annual meeting at which such report is proposed to be submitted."
I would suggest that thirty days probably would be too long.
Charles Borcherling :
I will change it to fifteen days. I will offer the resolution, changing it to fifteen days instead of thirty.
The resolution was adopted.
I would announce that the number of persons already registered is one hundred and forty, which a little exceeds that of any previous meeting.
J. R. Johnston, of Ohio ;
Resolved, That the Committee on Jurisprudence and Law Reform be requested to consider and report at the next annual