Report received and referred to the President and Secretary elect, for examination and audit; and to make allowance to the Secretary for services. The following resolution was offered by Mr. Payne: Resolved, That the Secretary be instructed to use such means as he may deem best to collect the annual dues of members in arrears; and that he be authorized to adjust disputed accounts. That he report to the next meeting all delinquents, where such delinquency extends to two year's annual dues. Adopted. 5. PRESIDENT'S ADDRESS. Upon motion, the President appointed a special committee (Messrs. Gross, Richberg and A. H. Jones,) to invite the Chief Justice and the Associate Justices of the Supreme Court to attend the session of the Association, during the delivery of the President's address. The committee discharged the duty imposed; the Chief Justice and his Associates were received by the members of the Association standing. For President Callahan's Address, see Appendix. 6. ELECTION OF OFFICERS. Upon motion, the President appointed Messrs. Sherman, Riggs, A. H. Jones, Gross and Jack, a committee to report officers for the ensuing year. Mr. Sherman, chairman of the committee, made report: For President, James B. Bradwell, Chicago. For Vice-Presidents: 1st District, Wm. S. Morris, Golconda. For Secretary and Treasurer, W. L. Gross, Springfield. Report adopted, and the Secretary was directed to cast the unanimous ballot of the members, for the persons named. Ballot cast. Officers named declared elected. From the same committee, Mr. Sherman reported the following: Resolved, That the Secretary be, and he is hereby authorized to employ necessary clerical assistance, and to pay a reasonable compensation therefor from the funds of the Association. Resolution adopted. 7. ADDRESSES DELIVERED. Trial by Jury, Sigmund Ziesler, see Appendix. 8. AMERICAN BAR ASSOCIATION. Report of C. C. Bonney: In compliance with the request made by your Executive Committee, I herewith submit an advance copy of the official report of the Proceedings of the American Bar Association at its last annual meeting, held at Chicago, August 28th, 29th and 30th, 1889, except the Supplement setting forth the hospitalities received at the hands of the Chicago Bar Association and the Illinois State Bar Association, now in course of publication, but not yet ready for delivery. In this connection I beg leave to call your especial attention to the action of the American Bar Association in favor of the following measures, and to ask the concurrence of our own Association therein: I. A simple and concise Bankruptcy Law, based on the principles of Equity. Am. Bar Rep. 29, 35, 343. II. An act of Congress to secure Equality in Inter-State Debts, Credits and Collections. Am. Bar Rep. 29, 35, 343. III. An act of Congress to secure Uniformity of Commercial Paper in all transactions belonging to Inter-State Commerce. Am. Bar Rep. 29, 35, 343. IV. An act of Congress for the Relief of the United States Supreme Court. Am. Bar Rep. 48. V. Appropriate action to secure the proper revision of bills before their enactment into laws. Am. Bar Rep. 37, 48, 343, 346. VI. Appropriate action to secure uniform laws of Marriage and Divorce, Descents Devises and Deeds. Am. Bar Rep. 50, 96. A copy of the report of the Committee on Commercial Law, in relation to the subjects of Bankruptcy, Inter-State Collections and Inter-State Commercial Paper, with bills on the first two subjects, annexed thereto, is also herewith submitted. The subjects of Bankruptcy, and the relief of the National Supreme Court, have been repeatedly approved by this Association; and the other subjects mentioned are not unfamiliar to the members of this body. I therefore respectfully present the following resolution, and ask its adoption. Resolved, That the Illinois State Bar Association heartily approves of the action of the American Bar Association in favor of an Equitable Bankruptcy Law; Equality in Inter-State Collections; Uniformity of Inter-State Commercial Paper; the Relief of the United States' Supreme Court by the creation of an intermediate Appellate Court; the proper revision of Bills for Laws; and uniformity of Laws of Marriage and Divorce, Descents, Devises and Deeds, and urgently requests the Senators and Representatives in Congress from Illinois, to use their best efforts to secure the proper enactments to carry the measures recommended into full effect, without unnecessary delay. Upon motion of Mr. Payne, the foregoing resolution was adopted, after being amended so as to read: Resolved, That the Illinois State Bar Association heartily approves of the action of the American Bar Association favoring an equitable bankruptcy law, and the relief of the United States Supreme Court by the creation of an intermediate Appellate Court, and urgently requests the Senators and Representatives in Congress from Illinois. to use their best efforts to secure the proper enactments to carry the measures recommended into full effect, without unnecessary delay. On motion of Mr. Sherman, the President was authorized and directed to appoint three delegates to represent this Association at the next meeting of the American Bar Association. 9. NATIONAL BAR ASSOCIATION. REPORT OF JOHN H. HAMLINE. There are some 60,000 lawyers in the United States, of whom it is estimated that some 10,000 belong to Bar Associations. At the time of the organization of the National Bar Association, the American Bar Association was in existence; but inasmuch as the latter was composed of individual lawyers, it was thought there was room for an association which should be composed of delegates who should be selected by the various Bar Associations, to represent the views of the 10,000 members of such associations, as how best to promote improvements in the law and the mode of its administration. It was believed that such delegates would report back to their local bars the legislation recommended by an annual convention, and secure the support of their constituents in obtaining legislation by the States and by Congress in prosecution of the aims suggested. In this way it was thought the masses of the bar would become interested in the reform of the law, and would give the benefit of their enlightened thought and experience to the law-making bodies of our land. The individual lawyer would thereby discharge the duty which he owes, not alone to his profession, but to his fellow man, in assisting to make the law simple and uniform, its administration prompt and effective. Such laws as might owe their enactment to the efforts of such an association, might embody the concentrated wisdom of the bar. The National Bar Association was accordingly organized in May, 1888, under the auspices of the Bar Association of the District of Columbia, with a constitution which provides that its membership shall be purely representative. It is composed of delegates, chosen by such State, County or City Bar Associations as shall ratify the Constitution and send delegates. Associations containing not more than fifty members each send three delegates. Associations of more than fifty members are entitled to a further representation of three delegates for each additional fifty members. The delegates are at first divided into three classes of one, two, and three years, but as the terms of the members of each class expire, their successors are annually elected for a term of three years. Each Bar Association must contribute to the treasury of the National Bar Association as annual dues $5.00 for each delegate to which it is entitled. Standing committees on Uniformity of Laws, on Bar Associations, on Law Reform, on Legal Ethics, on Legal Education and Admission to the Bar, and on International Law, composed of nine members each, are provided by the Constitution. At the meetings of the Association the following laws were recommended: An Act Concerning the Negotiability of Promissory Notes. Be it enacted by —, as follows: All notes in writing, whereby the maker shall unconditionally promise to pay to the order of any person, or unto the bearer, any sum of money therein mentioned, shall be due and payable as therein expressed, and shall have the same effect, and be negotiable in like manner, and shall have days of grace, as inland bills of exchange, according to the custom of merchants. ACKNOWLEDGMENTS. An Act relating to Acknowledgments of Instruments Affecting Real Estate. SECTION 1. The following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate, and any acknowledgment so taken and certified shall be sufficient to satisfy all requirements of law relating to the execution or recording of such instruments: (Begin in all cases by a caption specifying the State and place where the acknowledgment is taken.) 1. In the case of natural persons acting in their own right. On this day of 18-, before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed. 2. In the case of natural persons acting by attorney. On this day of, 18-, before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of said C D. 3. In the case of corporations or joint-stock associations. On this day of —, 18—, before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed), did say that he is the president (or other officer or agent of the corporation or association) of (describing the corporation or association), and that the seal affixed to said instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association), by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association). (In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that," and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal.") (In all cases add signature and title of the officer taking the acknowledgment). SEC. 2. When a married woman unites with her husband in the execution of any such instrument and acknowledges the same in one of the forms above sanctioned, she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination of a married woman in respect to the execution of any release of dower or other instrument affecting real estate shall be required. SEC. 3. All acts and parts of acts in conflict with this act are hereby repealed. LIMITATIONS OF ACTIONS. An Act limiting the time within which actions may be brought upon contracts in writing, not under seal. SECTION 1. No action to recover money upon a contract in writing, not under seal, shall be brought after six years next after the right to bring the same shall have first accrued. SEC. 2. When a cause of action has arisen in a State (or Territory) other than this, or in a foreign country, and between non-residents of this State (or Terri tory), and by the laws thereof an action can not be maintained, by reason of the lapse of time, an action thereon can not be maintained in this State (or Territory). SEC. 3. This act shall only apply to contracts hereafter made, and all laws in so far as they are inconsistent with this act, are hereby repealed. The National Bar Association held its first annual meeting at Cleveland, Ohio, August, 1888, under the presidency of James O. Broadhead, of St. Louis, with an attendance of 107 delegates, and representing some 2,000 lawyers. The second annual meeting was held at the White Sulphur Springs, in West Virginia, in July, 1889, under the presidency of Judge Doyle, of Cleveland, Ohio, with a membership of 250, representing 42 Bar Association, (an increase during the year of nine Bar Associations accredited to 17 States, 1 Territory, and the District of Columbia). Illinois was represented by deligates from the Chicago Bar Association, the Peoria Bar Association, and Rock Island County Bar Association. The report of the committee on Law Reform commending that Congress relieve the Supreme Court of its overcrowded docket by creating an Intermediate Court of Appeal, was adopted. The report of the Committee on Uniformity of Laws, with reference to the execution of wills, and the report on Extradition were recommitted, and a further report to the next meeting was ordered. The report of the Committee on Legislation, approving of the Cockrell Bill, providing for a Federal Code of Procedure, was considered, and further discussion was postponed till the next meeting. As will be noticed from this sketch, the action of the Association has been conservative, and yet it has ventured to move in the direction of correcting some of the greatest abuses the legal fraternity and the public at large suffers from in legislation. Commerce knows nothing of State lines, and its "Courriers without luggage," negotiable papers, should be equally valid everywhere. But what lawyer before me can, without referring to local statutes, tell me what is necessary to make a note negotiable in our neighboring States of Indiana, Kentucky and Missouri. In the former two States it must be payable at some bank. In the latter, it must contain the words "for value received;" in Pennsylvania, it must contain the words "without defalcation;" in Missouri it must be payable to bearer. The business man learns of these requirements by dearly bought experience. Days of valuable time are wasted by the lawyer in looking up the peculiar and arbitrary requirements of some State where his client desires to enforce what he took as negotiable paper. Again, there can be no reason suggested why a deed to real estate should not be acknowledged in the same form in every State of the Union, and yet on no subject do the laws of the various States differ more widely. The Statute of Limitations of the various States present a most amusing contrast, were they not fraught with such dire destruction to the client, if his lawyer has not convenient access to the statutes of each State. The law in regard to the execution and probate of wills, the inheritance of real estate, marriage and divorce, should be made uniform throughout the Union, and not necessarily by Congress, but by the united and intelligent action of the legislation of the different States of the Union. To foster, promote and guide such legislation is the aim and function of the National Bar Association, and in this work it invites the co-operation and support of the Illinois State Bar Association. I would like to have the National Bar Association enjoy the benefit of the energy and wisdom which delegates, selected from such a body of eminent lawyers, would bring to it. It is obvious that many of our most distinguished lawyers live in the smaller cities where local Associations do not exist. They and their representatives should appear in the National Bar Association, and this can only be done through delegates from the State Bar Association. Again, the legislation proposed by the National Bar Association, if wise, should be submitted to the legislature of our State. With how much greater effect would it be introduced if it were recommended by the State Bar Association. To warrant such support it must first be considered and approved, and before its adoption by your body, a proper committee should consider and report on its provisions. |