that the legislature shall try to do it beforehand. That principle is embodied in cognate legislation with reference to the Court of Commerce, in which it is provided that no injunction shall issue in any railroad case without the attendance of three judges. The principle is that the great powers of injunction and control, all over the United States, shall be exercised by a competent court, which shall determine in each case how many judges shall sit and what judges shall sit in the original trial of a great case and see that it is properly tried. That power of jurisdiction and control was exercised years ago in the city of New Orleans when there was so much sympathy for Cuban filibusters that one of the Justices of the Supreme Court went down there and tried the cases himself lest injustice be done. That power has been exercised from time to time by the Justices of the Supreme Court-not always in going to the Circuit Court, but in suggesting how a trial shall be conducted, what judges shall sit, and even sometimes as to what matters shall be certified. That control has been held over the original trial of cases by the Circuit judges, and I deprecate the enormous change made by this bill which throws upon one judge the whole power within a district. Sympathizing with the report of the committee on that subject, not only in its language, but in its deprecation of this fact, I hope that the Committee on Jurisprudence and Law Reform will formulate and report a resolution that we shall return to the principles of the Constitution by supporting a provision:

"Resolved, That each Circuit justice and Circuit judge shall, in every district within his circuit, have the power and the jurisdiction of a district judge.”

Charles L. Jewett, of Indiana:

I rise to express the gratitude which this Association owes to the distinguished member for this notable address. I do not refer to the illuminating and invaluable exposition of the Judiciary Act, but to the concluding portion of his address. It was time that some such sentiments should be uttered within the hearing of this Association. Nothing pleased me more than the hearty applause that evidenced the approval of his sentiments by this Association.

Now, indeed, the great command has been obeyed that "stand ye in the ways and seek and ask for the old paths." Our country well justifies at present the satirical words of Charles Wagner in his "Simple Life," wherein he declares that modern society is a great fair, with every man standing in front of his own tent, beating a drum in an effort to attract attention to himself and his wares. This age of experiment, of nostrum and of investigation, may work for the betterment of our land, but the American Bar Association cannot enter into the rivalry. It must remain the one conservative body in this republic, now and forever.

Nathan William MacChesney, of Illinois:

I wish to introduce a resolution at the suggestion of the Illinois State Bar Association that it may be referred to the Executive Committee. It is as follows:

"Resolved, That there shall be printed in connection with the canons of ethics a topical index of the general form hereto attached."

The resolution was referred to the Executive Committee.

The Secretary read the report of the Committee on Obituaries and during the reading thereof, the members of the Association and guests in attendance arose and remained standing out of respect to the deceased members.

(See the Report in the Appendix, page 409.)

Edward Q. Keasbey, of New Jersey, then submitted the printed report of the Committee on Law Reporting and Digesting and stated the purport and substance thereof.

The report was adopted.

(See the Report in the Appendix, page 412.)

Robert S. Taylor, of Indiana, then submitted the printed report of the Committee on Patent, Trade-Mark and Copyright Law and stated the purport and substance thereof.

The President:

Have you any recommendation to make in the report?

Robert S. Taylor, of Indiana:

Simply that the Association persevere in its efforts to secure the establishment of the Court of Patent Appeals; and to that end I offer a resolution as follows:

"Resolved, That the Report of the Committee on Patent, Trade-Mark and Copyright Law be accepted and approved and the committee be directed to continue its efforts to secure the passage of the bill creating a United States Court of Patent Appeals in the form as nearly as possible embodied in its report."

The resolution having been seconded was adopted.

(See the Report in the Appendix, page 417.)

Robert S. Taylor, of Indiana:

Two years ago the committee sent out cards to all members of the Association asking them to signify to us whether they would be willing to help along in this work. Five hundred members returned an affirmative answer. We shall make the same sort of an appeal to you this fall, if we are continued on the committee, and we hope to receive similar answers.

Frederick L. Geddes, of Ohio, submitted the printed report of the Committee on Insurance Law and stated the purport and substance thereof.

The report was received and adopted.

(See the Report in the Appendix, page 427.)

Walter George Smith, of Pennsylvania, submitted the printed report of the Committee on Uniform State Laws and stated the purport and substance thereof, and added:

This Association will doubtless be glad to know that the Conference of Commissioners on Uniform State Laws has formulated two additional uniform Acts which this body cannot pass upon at the present time because the text has not been submitted to the Association. Those Acts are a Uniform Marriage Act, and a Uniform Child Labor Act. The conference just closed in this city was attended by delegates from thirty-two states, and they formulated these Acts, and have others under consideration.

With this explanatory statement I move the adoption of the following resolutions:

"1. Resolved, That the American Bar Association approves the principles covered by the Act recommended by the Conference of Commissioners on Uniform State Laws, entitled 'An Act relating to Desertion and Non-Support of Wife by Husband or of Children by either Father or Mother and providing Punishment therefor and to Promote Uniformity among the states in reference thereto,' it being intended hereby merely to express the approval of the Association of the general principle of penal legislation relating to deserters of their families as embodied in the proposed Uniform Act, leaving to the legislatures of the different states to adopt these principles in such form as seems to them desirable.

"2. Resolved, That the American Bar Association approves the draft of an Act entitled An Act Relative to Wills executed without the state and to Promote Uniformity among the states in that respect.'

"3. Resolved, That these Acts, together with the other acts heretofore approved by this Association, be recommended for adoption by the legislatures of all the states that have not yet adopted them."

I ask for a vote upon the first of these resolutions, namely, the one relating to wife desertion.

Amasa M. Eaton, of Rhode Island:

I second the motion.

The first resolution was adopted.

Walter George Smith, of Pennsylvania :

I move the adoption now of the second of the resolutions, the one relating to foreign wills.

William L. January, of Michigan:

I second its adoption.

Wm. A. Ketcham, of Indiana:

I rise for information. Do I understand the recommendation of the committee to be that wills should be admitted to probate notwithstanding there was no attestation at all?

Walter George Smith, of Pennsylvania:

Yes. Whatever be the law of the jurisdiction where the will is executed, if the will is executed in accordance with that law, or if it be executed in a foreign jurisdiction in accordance with the law of the domicile of the testator, it shall be approved, provided that the will be in writing and signed by the testator. Wm. A. Ketcham, of Indiana:

It occurs to me that it is a very dangerous innovation on the subject of wills to permit a will to be probated that will pass property anywhere and everywhere without safeguards almost universal in every state in the union. I am loath to antagonize a report made by so careful and intelligent a committee, but personally I am not willing to subscribe to the proposition that there shall be no safeguard whatever, except the signing of the will by the testator.

Walter George Smith, of Pennsylvania:

It should be explained to my friend from Indiana that the will must be probated in accordance with the laws of the state; it must be shown that the paper was signed by the testator as his will, and that he was of sound and disposing mind at the time he signed it. That is the law now, certainly in my own state, and this law which has met with the criticism of my friend from Indiana, which I cannot but think is based upon a misinterpretation, has been accepted by Kansas, North Dakota, Massachusetts, Wisconsin and Rhode Island.

George Whitelock, of Maryland:

It was already the law of Maryland and Massachusetts in slightly different form, before the subject was discussed in the Conference of Commissioners. There the law was most fully debated and every aspect of the matter was thoroughly considered, and it was afterwards approved. In a case which I argued in the Maryland Court of Appeals the will depended upon the law of France, and the validity was upheld. The will was executed in France by an American, originally a citizen of Maryland. It gratified the requirements of the Code Napoleon,