In any this section. It applies to criminal cases-to all cases. case, civil or criminal, the jury may still render a general verdict. Section 2 was then adopted. Everett P. Wheeler: I would suggest that we vote on all the rest of the sections together, as there is practically no distinction between them. Therefore I move the adoption of Sections 3, 4, 5, 6 and 7. Henry H. Ingersoll: I second that motion. Sections 3, 4, 5, 6 and 7 were adopted. Levi Turner, of Maine: I move that the bill as a whole, as reported by the committee and printed, be now adopted. The motion was seconded. Everett P. Wheeler: One of my associates suggests that the adoption of the bill as a whole requires a two-thirds vote. I therefore suggest that the question be taken by a rising vote. The Chairman: It has been moved and seconded that the bill be now adopted as a whole. All in favor of that motion will signify their assent by rising those opposed, by the same sign. James Quarles, of Kentucky: I seem to stand alone, and I wish to state that my opposition relates solely to the second section and for the reasons stated by me a while ago. The motion was adopted. The Chairman: The bill as reported by the committee is adopted. Everett P. Wheeler: As to the recommendation in Appendix B, the bill to authorize the appointment of stenographers, that bill was drawn by Mr. Littlefield who had made a very careful study of the subject. Mr. Littlefield informed us that the objection always taken in Congress was the variety in the matter of compensation in the different circuits. Finally the committee adopted the scheme providing that the court in each circuit should appoint an official stenographer or stenographers, and should regulate the compensation at a rate not exceeding that paid by the state court in the particular district or circuit. In that way each circuit adapts its practice to the local practice, and the difficulties which have been encountered in attempts at previous legislation on the subject will be removed-at least, that is the opinion of Mr. Littlefield, and he certainly is a very competent judge. I might say in answer to the doubt expressed by Judge Amidon of our committee, that the bill has been amended since he first saw it so as to provide for the appointment by the judges of the circuit, not by the circuit judges; so that the district judges will have a voice in the appointments, and practically will be the appointing power. I move the adoption of this bill. Amasa M. Eaton, of Rhode Island: I second the motion. The Chairman: It is moved and seconded that the bill to authorize the appointment of stenographers in the courts of the United States, and to fix their duties and compensation, as reported by the committee, be approved. The motion was adopted. Everett P. Wheeler: The next recommendation made by the committee is that the Association approve the provisions of the bill to diminish the expense of proceedings on appeal. That simply does away with the necessity of an intermediate copy of the record, and enables the printed record as it is made up in the first instance to be used as the copy on appeal. H. A. Bronson, of North Dakota: I move that it be adopted. The motion was seconded. John B. Sanborn, of Wisconsin: I should like to ask why that is confined to the Supreme Court, and why the Court of Appeals is not included? Roscoe Pound, of Illinois: The federal statutes provide that the practice there shall be the same as on appeal to the Supreme Court. Therefore, when this section is attended to, it attends to all the rest. The Chairman: It is moved and seconded that the recommendation of the committee asking the Association to adopt the provisions of the bill diminishing the expense of proceedings on appeal be acceded to. The motion was adopted. Amasa M. Eaton: I request the Chair to direct that it be noted that this was a unanimous vote. The Chairman: That is so, and the Secretary will so record the vote. Everett P. Wheeler: I move the adoption of the resolution printed in the report which continues the committee, and authorizes us to present these matters to Congress. Amasa M. Eaton: I second the motion. The Chairman: It has been moved and seconded that the committee be continued and instructed to take such steps as it shall deem expedient to procure the passage of the bills here approved by the Congress of United States. The motion was adopted. Charles A. Boston, of New York: There is a sub-division of this report which makes no recommendation, but which calls the attention of the members of the Association to the desirability of unifying our courts. I simply rise to call the attention of the members to the fact that that proposition is receiving special attention at the present time in the State of New Jersey, and that there is an amendment to the Constitution of New Jersey now proposed which has met with the approval of two sessions of the state legislature, and is to be voted on by the people of that state next month, which more radically, as far as I can see, changes the judicial organization in that state than has been done in any other state of the union at any time. I call attention to it in order that those who are interested in the subject may follow it closely. It provides for a single court divided into three departments: one of appeal, one of law, and one of equity. The equity court is to have probate jurisdiction, and the court with the permission of the legislature is to formulate its rules of practice, and provide for transferring cases from one part of the court to another, as justice may require. I think that proposition demands the attention of the members of this Association, as it is the greatest step in advance of judicial organization that I know to have been taken in this country at any time. Ernest T. Florance, of Louisiana : I move that the Uniform Bills of Lading Act, prepared by the Conference of Commissioners on Uniform State Laws, be referred to the Committee on Uniform State Laws for consideration and report to this Association. The Chairman: If there is no objection it will be so referred. Ernest T. Florance: Also the Uniform Transfer of Stock Act. The Chairman: Unless there is objection, that act will be so referred. The Chair hearing no objection, both of the acts mentioned by the gentleman from Louisiana are referred to the Committee on Uniform State Laws. I am requested to announce that there will be a reception. tendered to the members of the Association and the ladies in attendance with them at the Country Club this afternoon beginning at four o'clock. The Association then adjourned to Friday, August 27, 1909, at 10 A. M. FOURTH DAY. Friday, August 27, 1909, 10 A. M. The President called the meeting to order. The President: The first business in order this morning is the nomination of officers by the General Council. Is the General Council ready to make its report? P. W. Meldrim, of Georgia: On behalf of the General Council I have the honor to report the following nominations: For President: Charles F. Libby, of Maine. For Secretary: George Whitelock, of Maryland. For Treasurer: Frederick E. Wadhams, of New York. For elected members of the Executive Committee: Charles Henry Butler, of New York; William O. Hart of Louisiana; John Hinkley, of Maryland; Ralph W. Breckenridge, of Nebraska; and Lynn Helm, of California. The Secretary: The General Council has also made nominations for VicePresidents and members of Local Council from each of the states, as follows: The list of nominations for Vice-Presidents and members of Local Councils was then read by the Secretary. (See List of Officers at end of Minutes, pages 158 and 160.) |