Page:The Green Bag (1889–1914), Volume 21.pdf/514

 The Legal World Errors of Connecticut discoursing on "The New Reading of Due Process of Law," and W. Irvine Cross considering "Some Late Workings of the Doctrine of Public Policy." Prof. Roscoe Pound gave an address on "Law in Books and Law in Action." The following officers were elected: president, David G. Mcintosh; vice-presidents, Joshua W. Miles, Joseph B. Seth, George L. Van Bibber, J. Augustin Mason, James M. Monroe, Glenn H. Worthington, Fillmore Beall, Alexander H. Robertson, and Thomas Foley Hisky; secre tary, James W. Chapman, Jr., of Baltimore city; treasurer, R. Bennett Darnall, of Balti more city; executive council, Albert C. Ritchie, Z. Howard Isaac, Alfred S. Niles and Walter J. Mitchell. The Pennsylvania Bar Association held its fifteenth annual convention at Bedford Springs Pa., June 29 and 30 and July 1, the president, Attorney-General M. Hampton Todd, calling the meeting to order. In his address, Presi dent Todd discussed matters of Pennsylvania legislation, and explained the necessity for the Governor's vetoing several bills, including that which sought to give to the courts the legislative function of determining the rea sonableness of licenses charged by the muni cipality to water, gas and other companies. "No power in the land," he said, "could make the courts perform such duties if they should decline to do so." Amasa M. Eaton of Provi dence, R. I., delivered the annual address on the evening of the first day, taking for his subject "Thomas W. Dorr and the Dorr War in Rhode Island." The Committee on Law Reform submitted an amended act "to author ize the Supreme Court from time to time to adopt and promulgate general rules of prac tice for all the courts of record of one kind in this commonwealth," and also an act relating to elections to take under or against wills of decedents where parties have failed or refused to elect, a divergence of views on the latter act becoming so apparent that the subject was referred back to the committee. It was voted that the Committee on Griev ances be requested to make a further investigation of the use of money in judicial campaigns. The report had charged that candidates for the bench, in their scramble for office, had degraded judges into common politicians, led them into expending large campaign funds and had forced them into making merchandise of justice. It was esti mated that it now cost from $15,000 to $25,000 to conduct a successful campaign for election to the bench in several counties. In consequence, to a special committee was referred a resolution looking to the removal of judges from the entanglements of political relations. A report was offered by Charles Wetherill on comparative jurisprudence. The code of ethics provoked more discussion than any paper presented. The committee stated that the code, after submission to various authorities, had been almost invariably pre ferred to that adopted by the American Bar Association as more terse and forcible and as

485

placing the rectitude of conduct of judges and lawyers upon a higher plane. The major ity of those present favored the code adopted by the American Bar Association, but there was sufficient adverse sentiment to influence votes, and with the idea that the report of the committee would never again appear it was referred back. The Committee on Uni form State Laws reported that this .move ment is making satisfactory progress. "Com parative Law as a Practical Science," was the title of a paper read at the evening session by William M. Smithers of Philadelphia. John W. Appel of Lancaster read a paper entitled "Gibson and a Progressive Jurisprudence," citing Chief Justice John Gibson as a type of the progressive jurist not enslaved to prece dent. On the next day of the meeting Judge Harold M. McClure read the report of the Committee on the Constitution of Courts of Pennsylvania. After much discussion on the question whether the Superior Court should be abolished and the number of Justices of the Supreme Court should be doubled to fourteen by a constitutional amendment, it was finally voted, as there would be no meet ing of the legislature for nearly two years, that it would be better to educate the people so that a public sentiment would be created. A special committee of five was recommended to investigate the jury system and report on the question whether unanimous verdicts are to be desired or not. Stock-watering prac tices were arraigned in a paper entitled "FullPaid and Non-Assessable," by Owen J. Rob erts, of Philadelphia. It was alleged that "our whole system of corporate finance has come to be one of mere capitalization of pros pective profits." An interesting paper was read by A. J. W. Hutton, of Chambersburg, Professor of Law in the Dickinson School of Law, Carlisle, Pa., entitled "A Judicial Sole cism." It was a learned criticism of the rule established by the Pennsylvania Supreme Court as to wagering life insurance policies, the contention being that the rule, as laid down in Ulrich v. Reinoehl, 143 Pa. 238, in nowise precludes wagering policies, but, on the contrary, expressly permits the taking out, by creditors, of policies upon the lives of debtors, and collecting upon them amounts out of all proportion to the claims intended to be secured, thus making them a gamble upon human life. The election of the chief officers resulted as follows: president, Gustav A. Endlich, President-Judge of the Courts of Common Pleas in Berks county and author of "The Interpretation of Statutes"; vicepresidents, W. L. Dalzell, Allegheny, D. Wat son Rowe, Franklin, Russell C. Stewart, Northampton, Charles M. Clement, Northum berland, John I. Rogers, Philadelphia; secre tary. Judge William H. Staake, Philadelphia; treasurer, William Penn Lloyd, Cumberland. Necrology— The Bench Judge Francis Martin, sixty-five years old, died at Falls City, Neb., July 20. He had served as state senator and probate judge.