right to go into equity that a judgment creditor would have, that many of the younger members of the profession are hardly aware that the right depends upon an act of the Legislature. Notwithstanding the advantages and necessities of this legislation, the Federal courts cannot enforce it. A creditor desiring to proceed in these courts to set aside a fraudulent conveyance, or reach other equities, must first procure his judgment at law, thereby suffering great delay..

It has been known since the case of Scott v. Neely, 140 U. S., 106, decided in 1891, that the jurisdiction of the Federal chancery courts could not be extended by State legislation such as the above cited.

Lately this doctrine seems to have taken a new departure, and its application is working new and additional hardships and evils.

In the case of Cates v. Allen, 149 U. S., 451, decided in 1893, the Supreme Court of the United States held, by a divided court, that the Federal courts have no jurisdiction of cases brought under statutes such as we have cited, and that such cases, when removed to the United States courts, must be dismissed and remanded to the State courts.

It results that, if a non-resident, or other litigant entitled to removal, is sued under one of these statutes, it is impossible for him to remove his case to the Federal courts, and he is cut off from that, which to him might be a most valuable right. Certainly this condition of things should not exist. The remedy would seem to be in Congress enlarging the jurisdiction of the Federal equity courts, by either a conformity act, such as prevails on the law side of the courts, or an act extending and defining equity jurisdiction.

The trend of legislative thought and enactments for the last century has been in favor of the debtor class, contrary to what it was in earlier times. We think it is time to turn attention in the other direction, and that the time is ripe for making many changes in our practice, pleading, and mode of procedure, looking to shortening, quickening, and simplifying our procedure.

So that, finally, we recommend that the next Legislature be memorialized to appoint a commission of three persons, learned

in the law, to revise and remo lel our code of civil procedure, so as to modernize it, and bring it up to the present age; the commission to be required to report to the succeeding Legislature. We further recommend that the President of this Association appoint a committee of three to draft and have presented to the Legislature such memorial.

Respectfully submitted,

GEO. T. WHITE, Chairman,
W. B. SWANEY.

On motion of John M. Gaut, a committee of three was to be appointed by the incoming President, in pursuance of the recommendation in the above report, to memorialize the next Legislature to appoint a commission of three persons learned in the law to revise and remodel the code of civil procedure for the State of Tennessee.

The next feature of the programme was a paper, entitled "A Biographical Sketch of Chancellor Ellett," by Gen. Geo. W. Gordon, of Memphis. (See Appendix.)

A paper was then read by J. II. Malone, Esq., of Memphis, on "Judge Lynch and the Jury Law." (See Appendix.)

After notice having been given that a ball complimentary to the Association would be tendered by the Inn during the evening, the meeting adjourned to convene Thursday, at 10 A.M.

THIRD DAY.

THURSDAY, August 9, 1894.

The Association was called to order by the President.

The Central Council, through its chairman, offered the following resolution, relating to the payment of back dues, which was adopted:

"WHEREAS, There is on the books of the Association a large accumulation of back dues from members of the Association, extending through many years, notwithstanding the provisions of By-law XII., which is as follows:

"All annual dues to this Association shall be paid on or before the first day of March in each year, and any member failing to pay his annual dues by that time shall be in default, and, upon the order of the President, the Secretary shall strike the name of such member from the roll of membership, unless for good cause shown the President shall excuse such default, in which last event the name of such member shall, upon the order of the President, be restored by the Secretary to the roll of membership.'

"AND, WHEREAS, It is the wish and intention of the Association to extend to all its members who wish to continue their membership an opportunity to do so, in compliance with the reasonable requirements of said by-law, and at the same time clear its books of all willful delinquents, and also of the burden of charges thereon; therefore,

"1. Resolved, That all back dues, up to and including the year 1892, are hereby remitted to those delinquent.

"2. That the Secretary, during the month of October next send to every delinquent member a statement of his account, and a copy of a circular consisting of this preamble and resolutions.

"3. That, on the first of January, 1895, the Secretary shall present to the President a list of members then still in arrears of dues, and, on the first of February, 1895, he shall strike from the rolls all delinquents except such as the President, for good cause shown, shall, in writing, excuse to the Secretary."

A paper prepared by Col. John Ruhm, of Nashville, compiling valuable and interesting information in relation to the judiciary of various States in the Union, was received and filed, and ordered to be published in the proceedings of the Association. (See Appendix.)

Col. A. S. Colyar, of Nashville, then read a paper, entitled "The Colonial Line Between Virginia and Carolina." (See Appendix.)

The next feature of the programme was the report of the Committee on Legal Education and Admission to the Bar, read by its chairman, Judge C. J. Sawyers, of Clinton. The report was as follows:

REPORT OF COMMITTEE ON LEGAL EDUCATION AND ADMISSION TO THE BAR.

To the Bar Association of Tennessee:

Since the organization of the Tennessee Bar Association in 1881, the question of legal education and admission to the bar has been elaborately discussed. Several interesting papers have been read, and committees appointed to memorialize the Legislature, with no success.

olution was adopted:

At our last meeting the following res

"Resolved, That the Committee on Legal Education and Admission to the Bar, to be appointed by the incoming President, be instructed to correspond with the judges of the State, looking to the adoption of a uniform set of rules for the examination of applicants for license."

In compliance with this resolution, your committee sent a circular-letter to all the judges in the State except the Supreme Judges, the replies received by us being five in number. Those five agree that a uniform rule should be adopted. We therefore recommend the adoption of the following rules for the examination of applicants for license:

First.-An applicant for license to practice law in this court shall first file a brief petition with the clerk of the court, sworn to by him, stating his age, residence, how long he has so resided, where he has resided during the three years next prior to his application; that he believes he has acquired a sufficient knowledge of the law to qualify him to practice in the different courts of the State, and asking that an examination be had touching his qualifications therefor, filing with his petition the certificate of good character granted by the county court of the county of his residence. Upon the filing of the petition, the clerk of the court shall notify the judge, who will set a day for the examination of the applicant in connection with the judge or chancellor of another court, and, on the day designated, the examination shall be conducted in open court by the two judges and three members of the bar selected by the judges to assist in the examination. If, upon full investigation, the applicant shall be found to be of good character from the evidence introduced at the hearing, and possessing sufficient legal acquirements for the practice of law, a license will be granted him, the granting of the same to be signed by said judges, and spread on the minutes of the court.

Or,

Second. An applicant for license to practice law in this court shall first file a brief petition with the clerk of the court, sworn to by him, stating his age, residence, how long he has so resided, and where he has resided during the three years next prior to his application; that he believes he has acquired a sufficient knowledge of the law to qualify him to practice in the different courts of the State, and asking that an examination be had touching his qualifications therefor, filing with his petition the certificate of good character granted by the county court of the county of his residence. Upon the filing of the petition, the clerk of the court shall notify the judge, who will set a day for the examination of the applicant. On the day designated, the examination shall be conducted in open court by said judge and by three members of the bar, selected by the judge to assist in the examination. If, upon full investigation, the applicant shall be found to be of good character from the evidence introduced at the hearing, and possessing sufficient legal acquirements for the practice of law, and, after having been examined