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The Commissioners on Uniform State Laws record their sincere sorrow for the death of their eminent colleague and their profound sympathy for his wife and children, in their greater sorrow in the loss of their beloved husband and father, and direct that a copy of this minute be entered upon the records of this Conference and be sent to the family of their lamented colleague and friend.

F. M. SIMONTON.

BY W. A. BLOUNT, OF FLORIDA.

Mr. President, I present the following:

Died at Tampa, Wednesday, May 14, 1913, F. M. Simonton. He was a native Floridian, and born at Micanopy, June 15, 1869. His father was J. H. Simonton, a native of South Carolina, who settled in Florida in 1857, and engaged in planting, and his mother, whose maiden name was Mary McIlvane, was of North Carolinian birth.

Judge Simonton was educated at the Gordon Institute, Barnesville, Georgia, where he graduated in June, 1887. In June of the following year he graduated from the law department of the University of Virginia. In 1890 he began to practise law at Tampa, Florida, and continued that practically until his death; from 1895 until 1897 he presided over the Municipal Court of Tampa; on April 27, 1907, he was appointed to the office of County Solicitor of Hillsborough County, by Governor W. S. Jennings. He held that office with distinction for several years, and then retiired to his law practice, which soon became one of the largest in the state. He was very active in politics, having been, at different times, Chairman of the Hillsborough County Democratic Executive Committee, and member of the State Committee. He was a member of the Masons, Odd Fellows, and Knights of Pythias.

His connection with this body is too recent and too much impressed upon us all to need extensive comment. Always in attendance, with an active and, at the same time, accurate mind, with a conscience earnest in doing well that which he undertook

to do, he was of much assistance in the labors of this body, and his unfailing courtesy and kindly consideration made him a companion always to be desired and a friend ever to be remembered. Be it Resolved, That in him, we have lost a zealous and indefatigable worker and a friend whose place it would be difficult to fill; and

Be it Resolved, That these resolutions be entered upon the minutes, and a copy of them sent to his family, with the sincerest sympathy for them in their bereavement.

PROCEEDINGS

OF THE

FIFTH ANNUAL MEETING

OF THE

AMERICAN INSTITUTE OF CRIMINAL LAW AND CRIMINOLOGY

HELD AT

MONTREAL, CANADA, AT THE WINDSOR HOTEL

September 3 and 4, 1913

OFFICERS OF THE INSTITUTE

1913-1914.

President.

QUINCY A. MYERS, Justice of the Supreme Court of Indiana, State House, Indianapolis, Ind.

Vice-Presidents.

CHARLES A. DECOURCY, Justice of the Supreme Judicial Court of Massachusetts, Boston, Mass.

KATHARINE B. DAVIS, Superintendent, State Reformatory for Women, Bedford Hills, N. Y.

FRANK H. NORCROSS, Justice of the Supreme Court of Nevada, Carson City, Nevada.

WILLIAM A. WHITE, Superintendent Government Hospital for the Insane, Washington, D. C.

DAVID C. PEYTON, Superintendent, State Reformatory, Jeffersonville, Indiana.

Treasurer.

BRONSON WINTHROP, 32 Liberty St., New York City.

Secretary.

HENRY W. BALLANTINE, Madison, Wis., Professor of the Law in the

State University.

Executive Board.

For the term expiring 1914:

HENRY M. BATES, Dean of the School of Law, State University, Ann

Arbor, Michigan.

WILLIAM E. MIKELL, Professor of Law in the University of Pennsylvania, Philadelphia, Pa.

ALEXANDER H. RED, Judge of the Circuit Court, Wausau, Wis.

E. RAY STEVENS, Judge of the Circuit Court, Madison, Wis.

For the term expiring 1915:

EDWIN M. ABBOTT, of the Philadelphia Bar, 819 Land Title Bldg., Philadelphia, Pa.

WILLIAM N. GEMMILL, Judge of the Municipal Court, Chicago, Ill. GEORGE W. KIRCHWEY, Professor of Law, Columbia University, New

York City.

EDWARD J. MCDERMOTT, of the Kentucky Bar, Lieutenant-Governor of Kentucky, Louisville, Ky.

For the term expiring 1916:

ARTHUR J. TODD, Assistant Professor in Sociology, University of Illinois, Urbana, Ill.

WILLIAM HEALY, Director of the Juvenile Psychopathic Institute, Winnetka, Ill.

EMMETT N. PARKER, Justice of the Supreme Court of Washington, Olympia, Washington.

EDWIN MULREADY, Commissioner of Probation, Court House, Boston, Mass.

Ex-Officio.

JOHN H. WIGMORE, Professor of Law in Northwestern University, 31
W. Lake St., Chicago, Ill.

NATHAN WILLIAM MACCHESNEY, of the Chicago Bar; Commissioner
on Uniform State Laws, 30 N. LaSalle St., Chicago, Ill.
JOHN B. WINSLOW, Chief Justice of the Supreme Court of Wisconsin,
Madison, Wis.

FREDERIC B. CROSSLEY, Managing Director of the Journal of the Institute, Librarian of the Elbert H. Gary Collection of Criminal Law and Criminology, Northwestern University, 31 W. Lake St., Chicago, Ill.

ROBERT H. GAULT, Managing Editor of the Journal of the Institute, Assistant Professor of Psychology in Northwestern University, Evanston, Illinois.

ORRIN N. CARTER, Justice of the Supreme Court of Illinois, Chicago. EUGENE A. GILMORE, Professor of Law, State University, Madison,

Wis.

FIRST SESSION.

The meeting was called to order at 4 P. M., Wednesday. September 3, 1913, by the President, Justice Orrin N. Carter, of the Supreme Court of Illinois.

Frank B. Kellogg, President of the American Bar Association, made a brief address of welcome. J. C. Walsh, one of the Park Commissioners of Montreal and a member of the press, also made an address of welcome on behalf of the citizens of Montreal. The President then read his annual address, as follows:

THE PRESIDENT'S ADDRESS.

We meet in this fifth annual conference to report progress, hopeful that the work of this organization has vindicated the wisdom of its creation. Never more than now has there been a greater need for "scientific study" and investigation of the problems of criminal law and criminology. The spirit of unrest is everywhere. Criticism of all forms of government, of every system of law, civil and criminal, is prevalent. The critics, both of substantive and procedural law, have too frequently assumed that Pope's philosophy, "Whatever is, is right," should be changed on these questions to "Whatever is, is wrong." One can hardly pick up a legal periodical without finding some article or editorial on "The Law's Delay," "Failure of Justice in the Courts," "Technicalities of the Law," "The Criminal Law Has Broken Down as an Unworkable Machine," "Criminal Procedure a Disgrace to Civilization," "The Incapacity of the Judiciary" and similar topics. Even the daily press teems with like criticisms and the religious journals are not entirely free from similar articles.

Much of this criticism is made without investigation, and changes are often suggested by those who are without experience or knowledge of the particular subjects. These criticisms of the laws and courts are not alone in the United States. Our citizens are frequently referred to the laws of Great Britain as a model, yet the legal periodicals of that country indicate that the courts

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