Many

employes directly engaged in the controversy. Many of the provisions of this act are worthy of consideration and the public must sooner or later recognize that some arbitrary measure must be taken to prevent a continuance or recurrence of the difficulties experienced during the past year, if any discontinuance of the unfortunate scenes of the past is to be expected. have maintained that the decree of any court of arbitration could not be enforced except by public opinion, but we believe that the final decree of a properly constructed commission must be rigidly carried out and that such a measure would be less injurious than the results of the unpleasant scenes which have recently

been witnessed.

The anti-pass provision of the revised Constitution seems to have offered an opportunity for the railroad officials to promulgate and enforce stricter rules as to the issuance of passes. Many of the clergy have often received free transportation or have been allowed to purchase tickets from the companies at half rates. Unfortunate as it may seem, it transpires that some of these ministers have increased their alleged families, who have ridden at half-fare, to even greater numbers than the prolific rabbit, and this indiscreet addition to the domestic household has reacted on the unfortunate heads of the family, since the railroads cannot now, indeed are not anxious to make, any discrimination on behalf of the ministers and are less prone than formerly to send them free passes. Already wails of anguish have been One divine on Sunday last even chose for his text "Why should I awake?" "I will seek it yet again." Would that with true biblical courtesy we could say, "Seek and ye shall find; ask and it shall be given."

heard.

For

tution, it is stated that the association is formed "to cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof." It now becomes the duty of the president of that association, at the close of and to what extent, the objects stated have been his term of office, to report in what respects, attained during his administration, and to recommend such measures as, in his judgment, may lead to the attainment of those objects hereafter. It will be conceded that nothing could be more conducive to the attainment of each and all of these objects than measures tending to raise the qualifications for admission to practice at the bar. many years it has been apparent that while in other professions the standards for admission to membership therein were constantly being raised, but little advance had been made in the extent and character of the educational qualifications required by law of those who sought admission to practice law. Moreover, however high and extensive the requirements of the preliminary education and study fixed by the rules of the Court of Appeals may have been, and anxious as the members of that court undoubtedly were to formulate additional requirements whenever possible, it was painfully manifest that the methods and means of examination, which had long obtained, for practically testing the character and capacity of applicants were not the best methods and means attainable. Under the system of examination which prevailed, by a separate board of examiners in each of the five judicial departments, each of which boards of examiners conducted its examinations according to its discretion, there was no uniformity in the character and extent of the examinations in the different departments, while in some departments, as the examiners changed from

tions changed also. Thus was possible the rank injustice of young men who had devoted years of time and study, under rules of the court similar throughout the State, to preparing themselves for admission to the bar, finding a difficult and elaborate system of examinations in one department, a less difficult system in another, and, possibly, an easy one in another; an examination largely written and only partly oral here; an examination largely oral and only partly

written there; a strict adherence to the rules concerning certificates of proficiency in educational branches and scholastic attainments here, an evasion of those reqirements there; a strict standard of marks enforced here, no standard of marking at all there; a board of able and experienced lawyers, all of whom devoted great care and attention to their work, in some of the General Term departments, while in others the lack of time or fidelity to their trust on the part of some of the examiners caused the whole work of the board to fall upon one of their number, who struggled along with it as best he could, and whose conclusions were acquiesced in without much scrutiny by his associates!

The growth of a higher regard for legal education, fostered and evidenced by the rapidly increasing number of students who took the benefit of at least a two years' course of study in the law schools, afforded a sure warrant that no obstacle would be intersposed by the faculty or students of those schools to reform in the existing methods of examination for admission to the bar, Mindful of the objects of its incorporation, and cognizant of the necessity for such a reform, this association in 1892 and 1893, prepared and presented to the Legislature a bill providing for a single board of law examiners, who should act under rules of the Court of Appeals prescribing a uniform system of examination throughout the State. This bill encountered more or less opposition from various sources, and on one pretext or another was twice defeated in the Legislature. At the last annual meeting of this association, held in January, 1894, the matter was brought up for discussion, and the ablest educators in our profession in the State were invited to and did discuss it in all its bearing. Messrs. William A. Keener, Dean of the Columbia Law School, George Chase, Dean of the New York Law School, Austin Abbott, Dean of the Law School of the University of New York, Abner C. Thomas, Dean of the Metropolitan Law School, Le Roy Parker, Vice Dean of the Buffalo Law School, H. B. Hutchins, Associate Dean of Cornell University School of Law, and the Rt. Rev. Wm. Crosswell Doane, Vice-Chancilor of the University of the State of New York, participated with many of the members of this association in that discussion. So strong were the arguments adduced by these gentlemen in favor of the bill, and so zealously did the committee of this association having it in charge perform their labors, that at the last session of the Legislature the bill proposed by this Association, but slightly modified, became a part of the statute law of this State, taking effect on the first of January, 1895. Under this act of the Legislature the Court of Appeals has appointed the Hons. Austen G. Fox, of New York city, Frank B. Danaher, of Albany, N. Y., and Wm. P. Goodelle, of Syracuse,

as the three examiners provided for in the bill, and has prescribed admirable rules for their guidance in the performance of their duties. The high professional character and standing of the gentlemen appointed, are a justification of the wisdom of the association in vesting by the bill the power of appointing the examiners in the Court of Appeals, and a satisfactory guaranty that they will perform their duties with due regard for the advancement of the standards for admission to the bar, requiring legal education, good character and ability in all applicants therefor. The passage of this bill would have been impossible but for the organized and continuous efforts of this association, through its proper officers and committees, and if the association had during the time of its existence accomplished nothing else, the procurement of this very great aud farreaching reform should commend it to the respect and confidence of the bench and bar throughout this State, and of the citizen suitors whose interests are closely affected by the fitness and capacity of those who are certified to them as possessing the necessary legal and moral qualifications for practicing law.

So prevalent has been the practice in the Legislature of enacting amendments to the Code of Civil Procedure, and to other general statutes, to fit the exigencies of particular cases, and to suit the purposes of individuals who had political influence, that this association attempted to keep on file in the office of one of its members in each of the judicial districts of the State, a copy of all bills introduced in either house of the Legislature, amending the Code of Procedure or the general laws, so that such legislation could be carefully watched by our committee on legislation, and so that any member of the association could have reference to such proposed acts without sending to Albany.

As stated in the report of the committee on law reform, this attempt has not proved an unqualified success, because the number of bills has been so large and the matters to which they relate so numerous, that it is almost impossible to devote the time and attention to determining the merits of each bill, which would be required in order to guard against imperfect or unnecessary legislation. Still, the attempt has been made in good faith, and the slight expense which it has cost the association has not been wasted, for it has demonstrated more forcibly than ever the supreme necessity of the adoption of a law providing for a board or council of revision, to which all statutes should be referred before their adoption and final transmission to the governor for his approval. Such a board or council could also assist the members in drafting bills properly, to begin with, and in many ways aid in statutory revision and in the proper performance of their legis

the people of this State of a body of men serving the State for the modest compensation of ten dollars per diem, whose right to compensation ceased on the 15th day of September, voluntarily sitting for fourteen days thereafter to fully complete and carefully revise and prepare their enactments for submission to the people. I deeply regret that some persons have introduced and are pressing a bill in the Legislature, for pay for the members for these extra fourteen days. The example to the people of this State afforded by voluntary and self-sacrificing labor for that short period ought not to be lost or detracted from by any application for back pay. I sincerely hope that, at the meeting of this association to-morrow, strong resolutions will be adopted protesting against the passage by the Legislature of any act or appropriation for com- | pensation of any kind to the members of the convention after the 1st of September, 1894. All of them took office with full knowledge that their pay would cease on September 15, and if they sat longer than that they would do so in the interests of the State. They should therefore be willing that their services for the additional period after September 15th should stand in the annals of history as voluntarily and gratuitously contributed. The adoption of the amendment striking out of the Constitution the word "coroners," makes it possible that legislation similar to the Massachusetts act of 1878, providing for a board of trained medical examiners, may now be adopted. No doubt the association will carefully consider this very important matter at its meeting to-morrow.

Your committee on law reform, following to a great extent the lines of recommendation laid down by the association itself, at the time of the constitutional commission in 1890, adopted certain recommendations and suggestions relative to the Judiciary Article, and submitted the same to the Constitutional Convention as the sense of that committee concerning the matters under consideration. These recommendations and suggestions are enumerated in the report of the committee of law reform and need not be fully referred to now. It should be recorded here, however, that with but a single exception - the number of judges of the Court of Appeals - the views of the committee on law reform of this association were substantially adopted by the convention. The discussion which has taken place at the annual meetings of this association, since the commission of 1890 proved abortive, has done much to create a well-directed sentiment and understanding amongst lawyers throughout the State, of the conditions, requirements and difficulties connected with a revision of the Judiciary Article of the Constitution. It is a very remarkable circumstance that the final report of the judiciary

committee of the convention was but slightly modified in the convention itself, and, as a whole, was adopted with but few dissenting votes, and received almost unanimous commendation from the press and the bar throughout the State. This of itself must have contributed greatly toward the adoption of the other valuable reform amendments which were proposed by the convention and submitted to be voted upon by the people with the Judiciary Article amendment. While it is often invidious and improper to single out any individuals for express praise and commendation in an address of this character, I must accord in this public manner the sincere and cordial thanks of the association to the Hon. Louis Marshall, a member of its committee on law reform, and to the Hon. Elihu Root, of New York, also a member of this association, for the intelligent skill, sound judgment and untiring industry which they devoted to the preparation of the Judiciary Article of the Constitution. To these two men more than to any two others in the whole State will be due the great reforms in the judiciary which are comprised in that article. The amendment providing for future constitutional conventions is almost wholly the work of Mr. Marshall, and its necessity was demonstrated by the experience which the convention had in effecting its own organization, and the serious questions that were raised; first, as to its right to be the judge of the election and qualification of its own members; and, secondly, as to whether it was obliged to submit any of its amendments to a vote of the people at all, to mention nothing of the disputes and difficulties that arose before the convention between the Governor and the Legislature; and between political partisans in the Legislature concerning the membership of the convention, and the time and method of holding its deliberations.

During the business meetings of this association to-morrow, a discussion will be held as to what legislation is necessary to carry out the provisions of the new judiciary article. Invitations to participate in this discussion have been extended to all the members of the judiciary committee of the Constitutional Convention, as well as to the members of this association, and I now tender a like invitation to all lawyers, whether or not they are members of the association, who are present here.

During the past year the committee on law reform has considered the question whether the Code of Civil Procedure should be revised, condensed and simplified. It certainly seems an extraordinary anomaly that the practice and procedure in this State should be so cumbersome and complicated as to require for a statement of the bare legal rules regulating them, 3,500 sections, containing upwards of 275,000 words! It is quite as great an

anomaly that, in what purports to be a guide of practice and procedure, should so constantly be found so much substantive or active law having little or no relation to methods of practice and procedure. Yet this code has been amended, altered, modified and construed so much since it was first presented to the Legislature that it has come to be fairly well understood by the members of our profession. That it should be revised and simplified may, perphaps, be conceded, but in attempting to revise and simplify it, are we not in danger of entailing upon our profession another series of years of appeals from court to court for the purpose of procuring a construction of the new language implied in the amendment and revision?

Personally I have always been in favor of broadly extending the provisions of the statute regulating the adoption of rules of practice by our courts, so as to require that at least triennially there should be a convention of the judges of our courts of record, upon which should be imposed the duty of adopting the new revisions or amendments of the Code which their experience had demonstrated to be possible and necessary. I should also go a step further, and have it enacted that the Legislature should have no power to pass any amendments to the Code of Civil Procedure until they had been first considered by this convention of judges. These are my personal views, as above stated, and should not be construed as any expression of the views of this association. At the meeting to-morrow the question will be fully, carefully and intelligently discussed, and I have no doubt some conclusion will be reached which may work for the good of our profession and of the public.

It is evident from the foregoing statement that for several years past the State Bar Association has been rapidly growing in usefulness and importance. Its list of membership now includes about one-tenth of the bar of the State. This may seem a small proportion, and no doubt it should be increased, but the influence which one-tenth of any learned profession may exercise is not limited by its numerical proportion. Each member necessarily comes in .contact from day to day with other members of his profession; some are serving in the Legislature, some are on the bench, some are occupying high official station, and where all take an interest in the broad and beneficent objects specified as the objects and purposes of such an association, and labor earnestly to attain those objects, much good must necessarily result to the legal profession and to the whole people of the State.

The recent growth and uprising of public sentiment for municipal reform, for civil service reform, for legislative reform, enhances and emphasizes the opportunities and duty of the members of the legal profession to take part in the conduct of civic af

fairs. To this profession, from its earliest rise in the mother country to the present time, the people have looked and have never looked in vain for the defense on the hustings, at the forum and on the bench, of their dearest liberties. To it the people now look to aid and assist them in emancipating themselves from corrupt and tyrannical bossism in our municipalities and in the State government. Every lawyer who has become a member of this association has public spirit enough to belong to a good government club, or similar organization in his own locality, and he ought to do so. The recent example of what a constitutional convention, com| posed almost wholly of lawyers, had the courage to do in the way of proposing reform measures, has strongly tended to break down the somewhat prevalent feeling amongst the people of the State that lawyers are too conservative, too doubting and hesitating, too timorous, too technical, too much affected by class distinctions and corporate influences, to be reliable guides and mentors in governmental affairs. Now is the opportunity for the brethren of the law to make themselves more felt than ever in the adoption and conduct of public measures. One of the ways in which this can be done is also by taking a deep interest in the meetings of this association, serving on its committees faithfully and well, and in responding whenever called upon, to press upon the attention of our courts or our Legislature proper measures of reform which this association proposes.

Tendering my heartfelt thanks to the officers of the association, who during the year of my administration as president have labored so faithfully to insure it success, and congratulating all of its members upon its prosperty and usefulness, I close this brief statement of what has been done and what may be accomplished, with the expression of the hope and expectation that this present prosperity and usefulness may be but a slight presage of the extent to which its beneficent objects may hereafter be accomplished.

FEDERAL COURTS UNITED STATES CIRCUIT, COURT-JURISDICTION. A trust company to which bonds are delivered, merely to be held by it until the performance of a condition by the payee entitling it to possession, is a necessary, and not merely a formal, party to an action by such payee against it and the maker of the bonds to obtain their possession; and the United States Circuit Court of the State of which such maker is a resident has no jurisdiction of such action where plaintiff and such trust company are both non residents of such State, but residents of the same State. (Massachusetts & S. Const. Co. v. Township of Cane Creek [U. S. S. C.], 15 S. C. Rep. 91.)