Admissions: S. P. Alexander, Port Clinton. Reinstated: S. C. Andrews, Conneaut. T. A. Conway, Napoleon. J. H. Littrell, Lancaster. S. S. Richards, Clyde. G. A. Resek, Lorain. George W. Rhodes, Columbus. G. M. Skiles, Shelby. R. C. Skiles, Shelby. H. J. Weller, Tiffin. A. E. Wonders, Warren. William M. Koons, Mt. Vernon. R. H. Day, Canton. J. M. Henderson, Cleveland. F. A. Quail, Cleveland. Mr. Seth Weldy, of Logan, Chairman of the Committee on Admissions, moved that the persons whose names had been read be elected members of the Association or reinstated. Motion seconded and carried unanimously. THE PRESIDENT: I desire at this point to appoint as the Auditing Committee of the Treasurer's report, Mr. Francis B. James, of Cincinnati, and Mr. Henry Bannon, of Portsmouth. THE PRESIDENT: The next order of business is the report of the Committee on Judicial Administration and Legal Reform. JUDGE E. B. DILLON: The report of this committee, according to custom, has been printed and it has been placed around in the seats. I will not take time, therefore, to read it. The report was as follows: REPORT OF COMMITTEE ON JUDICIAL ADMINISTRATION AND LEGAL REFORM To the Ohio State Bar Association: Your Committee on Judicial Administration and Legal Reform submits the following report: 1. That this Association respectfully suggest to the Supreme Court the propriety of the adoption of a rule therein whereby the report of cases reversing any judgment, shall contain, however brief, the reason therefor. 2. That we deplore the confusion and utter lack of system at present existing in the publication of decisions of courts inferior to the Supreme Court, and recommend such legislatin as will place the control and direction thereof in the hands of a special officer for that purpose; and that the sets of reports so established, as well as the matter selected for report, shall be exclusive and the same published under such official control. 3. By Sections 525-1 and 525-2 special authority is given the Probate Court in seven counties of Ohio to grant divorce and alimony. The counties thus affected, are Licking, Richland, Perry, Defiance, Henry, Madison and Coshocton. The unequal and anomalous operation of this law, the dependency of the tribunal itself on the fees of such case and indeed every consideration thereof, lead us to recommend the immediate repeal of said statute. 4. It is now provided by Section 7130, Revised Statutes of Ohio, that any person may without warrant arrest and detain another whom he has reasonable cause to believe to have committed a felony. The gross abuse of judicial administration by perjury and the reckless disregard thereof is becoming almost calamitous. Some of our judges acting under the above statute have, at the conclusion of a trial detained and caused the arrest of witnesses whom they believed guilty of such crime. We recommend the vigorous use of this means by our courts in all proper cases. 5. We recommend appropriate legislation to the effect that motions for new trials may be filed, at any time, within three days after the verdict or decision is rendered notwith standing the term of court at which such verdict or decision is rendered may have expired. 6. We recommend that Sections 5781 and 5782, Revised Statutes, relative to the pleadings in actions for the recovery of real property be amended by inserting immediately after the words, "A legal estate therein" in Section 5781 the words, "setting forth the nature of said estate," and by omitting the word "Generally" from Section 5282, where it occurs in the clause "If the defendant in his answer deny generally the title of the plaintiff." 7. We further recommend that the term of office of the judges of the Supreme Court be lengthened. 8. Believing the time is ripe for a discussion of the subject and that the Supreme Court will be pleased to receive an expression of the views of this Association thereon; we invite the Association to express its views as to the propriety of the judges of our Supreme Court adopting the formal court garb for all public sessions. 9. We recommend the enactment of the necessary legislation, whereby as to all judgments rendered by confession on warrants of attorney motions for new trial may be filed, either at the term in which entered or thereafter, upon all the grounds provided for the vacation and modification of other judgments after the trial term. 10. "The superintendent of the insurance department of this State having officially called our attention to the great confusion now existing with respect to the service of process against insurance organizations and having signified his willingness to codify and correct the existing anomalous condition of the statutes in that regard, we recommend that this Association request the Hon. A. I. Vorys, superintendent of insurance, to prepare and present to the Legislature a bill or bills to carry out this much needed reform." June 1, 1905. E. B. DILLON, Chairman.. SIMEON M. JOHNSON, Secretary. JUDGE E. B. DILLON: I move that the President of this Association present each paragraph of the substance of the report, one at a time, and that the question each time be upon the adoption of that report. Motion seconded and carried. The Secretary then read the first section of said report as follows: 1. That this Association respectfully suggest to the Supreme Court the propriety of the adoption of a rule therein whereby the report of cases reversing any judgment shall contain, however brief, the reason therefor." JUDGE BANNON: I move the adoption of the first section of the report. Motion seconded. THE PRESIDENT: It has been moved and seconded that the first section of the report be adopted. Motion carried. The Secretary then read the second section as follows: "2. That we deplore the confusion and utter lack of system at present existing in the publication of decisions of courts inferior to the Supreme Court, and recommend such legislation as will place the control and direction thereof in the hands of a special officer for that purpose; and that the sets of reports so established, as well as the matter selected for report, shall be exclusive and the same published under such official control." THE PRESIDENT: What will you do with this section of the report? JUDGE DILLON: I move its adoption. Motion seconded. After some discussion by Mr. R. D. Marshall, of Dayton, Governor Jones, Judge Dillon, Judge Marvin, and H. B. Arnold the motion was adopted. The Secretary then read the third section as follows: 3. By Sections 525-1 and 525-2 special authority is given the Probate Court in seven counties of Ohio to grant divorce and alimony. The counties thus affected, are Licking, Richland, Perry, Defiance, Henry, Madison and Coshocton. The unequal and anomalous operation of this law, the dependency of the tribunal itself on the fees of such case and indeed every consideration thereof, lead us to recommend the immediate repeal of said statute. THE PRESIDENT: What will you do with this section? JUDGE MARVIN: I move its adoption. Motion seconded. THE PRESIDENT: All who are in favor of adopting this as read will say aye. Motion carried. The Secretary then read the fourth section as follows: "It is now provided by Section 7130, Revised Statutes of Ohio, that any person may without warrant arrest and detain another whom he has reasonable cause to believe to have committed a felony. The gross abuse of judicial administration by perjury and the reckless disregard thereof is becoming almost calamitous. Some of our judges, acting under the above statute, have, at the conclusion of a trial, detained and caused the arrest of witnesses whom they believed guilty of such crime. We recommend the vigorous use of this means by our courts in all proper cases." MR. JOHNSON: I move the adoption of that section. The Secretary then read the fifth section as follows: "We recommend appropriate legislation to the effect that motions for new trials may be filed, at any time, within three days after the verdict or decision is rendered, notwithstanding the term of court at which such verdict or decision is rendered may have expired." Motion to adopt. Motion seconded and carried. The Secretary then read the sixth section as follows: "We recommend that Sections 5781 and 5782, Revised Statutes, relative to the pleadings in actions for the recovery of real property be amended by inserting immediately after the words, "a legal estate therein" in Section 5781 the words "setting forth the nature of said estate," and by omitting the word, "generally" from Section 5782, where it occurs in the clause, "If the defendant in his answer deny generally the title of the plaintiff." Motion to adopt. Motion seconded and carried. The Secretary then read the seventh section as follows: "We further recommend that the term of office of the judges of the Supreme Court be lengthened." Motion to adopt. Motion seconded. |