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THE WEST VIRGINIA BAR.

YOL. VII.

MORGANTOWN W. VA.. JANUARY, 1900.

Jhe West Virginia Bar T

PUBLISHED MONTHLY BY THE

West Virginia State Bar Association

Under the editorial charge of the Executive Council.
ADVERTISING RATES:

T

No. 1.

HE next issue of THE BAR will contain all, or nearly all, of the decisions of our Supreme Court handed down at the term just closed.

HE Association will go back, for its next meeting, to its old headquarters at Parkersburg, and it will doubtless be cordially re2.00 ceived, and will also appreciate the privilege of renewing the old associations.

1.25 1.00

THE BAR goes to every Court House in the state and is read by, probably, three-fourths of the law. yers of the State, and thus furnishes not only a ready medium of communication between members of the Profession, but of unification of the Profession on all matters of common concern, which is its prime mission.

Every clerk of a circuit court. is the authorized agent of THE BAR in his county, and has the subscription bills in his possession, and will receive and receipt for all money due on that account, or for new subscriptions, and his receipt will always be a good acquittance for money due THE BAR.

THE Executive Council failed to get together after the meeting of the Association, and consequently there are many matters of business unfinished, such as the appojatment of standing committees for the year. which is the most im

THE BAR is furnished at the nominal rate of $1 a year, which is less than the cost of publication, and we would like to have the name of every law-portant. It is probable that a meeting will be aryer in the State on our subscription list.

ranged for the near future.

THE

The Martinsburg Meeting.

HE Fourteenth Annual Meeting of the State Bar Association has come and gone. THE BAR is glad to be able to record that it was both a pleasant and profitable meeting.

were not present will have an opportunity of reading them later on.

As to the practical results of the meeting we have reasons for much satisfaction. Several matters of much importance were put under way which we think will prove of benefit to the Association and to the legal Profession in West Virginia. To write the Fourteenth annual meeting, is a sta- Among these we note, the action of the Association tistical reminder that this Association is fast as asking the Supreme Court to promulgate an adsuming the dignity and importance which always ditional rule governing admissions to the bar, attach to age and experience. Among those whose which will take in those who are going to other faces have appeared at nearly all the annual meet-States to procure license by way of evading the ings since its organization there has grown up a law of this State; a movement for an increase in common bond of brotherhood which makes these reunions exceedingly satisfying and enjoyable. And the veteran who looked around for those familiar faces at the recent meeting was not only reminded of the growing age of the Association itself, but of the fact that the frosty hand of time had also touched and tinged many whose faces were younger when they appeared at the organization of the Association. Fourteen years is a good big slice of a life time, and that fact was somewhat sadly illustrated at the recent meeting.

judicial salaries; a movement to take the judicial nominations out of the pool of politics; a movement to foster the organization of County bar associations; and a movement looking to the making of a code of professional ethics and suppressing unprofessional conduct and practices. These are a few of the propositions discussed which occur to us as we write. Others will be noted in the course of the report appearing in this issue.

The social features of the meeting deserve more than a passing notice and a fuller acknowledgeThe attendance was representative as to quality ment than our space permits. Seldom, if ever, in if not as to number There was a better attend- the history of the Association has it been more royance from west of the mountains than from the ally entertained than by our brethren of the Mareastern counties. Why this was so, we do not at-tinsburg bar. And that is saying multum in parvo tempt to explain, but it was, at least, anticipated-for the Association is always royally entertained, that the reverse would be the case. It was also There is much of the old Virginia spirit of hossingular that the attendance was better on the first pitality in the city of Martinsburg. It is in the day of the session than on the second-which is air. Her people are big hearted, sociable and without precedent in the history of the Association. kind. They have kept in touch with, and retained We have said that the meeting was both pleasant the hospitable habit of their distinguished ancesand profitable. We surrender nearly all the space try just across the line. The banquet, which was of this issue of THE BAR to a report of the proceed the crowning incident of their entertainment, was ings, believing that the bar of the State will be a model. It would have done honor to Delmonico. more interested in it, and it is more in point, than Nothing could have been added to make it more any matter we could print. It is unnecessary, superbly delightful and elegant. Everything was therefore, for us to do more than refer in a general in good taste and beyond criticism. Our hosts way to the results of the meeting, as the full pro- spared neither expense nor detail to make it up-toceedings will be read by all. date in all the arrangements, and it was conducted from start to finish without a hitch and with the evidence of a master hand in its organization. With such a committee as D. C. Westenhaver, S. W. Walker, H. H. Emmert, U. S. G. Pitzer, and A. C. Nadenbousch, at the helm it was bound to be a banquet par excellence. There was no proces

The addresses and papers presented were of unusual merit. There were more papers offered than at any previous meeting of the Association, and they occupied nearly all the time of the meeting, so that there was little opportunity for general discussion. These addresses and papers do not appear in THE BAR's report of the proceedings, for sion of Frenchy courses that were unrecognizable the reason that they are too voluminous. It has and inedible, but every course presented a new been the custom to print them in pamphlet form, stimulant to the appetite in the form of a rare dish and if that is done this year, the members who of true American diet, wholesome and toothsome,

HERE were several of the veterans conspicuous by their absence from the last meeting of the Bar Association-for instance, Hubbard, Russell, and White, of Wheeling-who are generally present. Westenhaver and Ambler, who illustrated the habit of judging other people by ourselves, were uncharitable enough to think that they were desiring to conceal the growing thinness of their natural head covering.

To The Bar:

A Protest.

The three adjoining States very fitly exchanged compliments in the post prandial oratory. Hon. R. E. Byrd, of Winchester, spoke for old Virginia, Hon. Geo. E. Price, for our Virginia, and Hon. H. Kyd Douglas for Maryland. These were all very graceful efforts. Without making any invidious distinction, we are moved to say, that there is seldom heard a more graceful after-dinner speech than that of Gen. Douglas, of Maryland. He is much at home on such an occasion, and both his peculiar personality and his speech fit him for such a company. He is the very personification of an oldtime colonial gentleman—a revolutionary aristocrat, with a martial air, a courteous, graceful man ner, and a trim, courtly figure, such as we are accustomed to see in our early society pictures. He is a character that greatly impressed those who saw him for the first time. Other speakers dispensed wit and wisdom and the usual blandishments appropriate to such an occasion with great success. There was a disposition to say "we wont go home till morning," so pleasant was the whole affair. The Association has seen many pleasant entertainments, but none more so than this. We put our hat under our arm and make our most profound obeisance to our brethren of the Martins-men, lawyers and judges. Objections to them are burg bar, and venture to say on behalf of the Association, that "we'll be glad to come again."

As an attorney practicing in the Supreme Court of this State-as well as the Circuit Courts-and being largely familiar with the lawyers of various circuits, I want to enter my protest against the efforts of some of the profession to detract from the merit and ability of the Supreme Court, by denouncing the salaries received by its members, and in the same breath declaring that the best judges cannot be had at such figures.

My opinion is that the successors of the present judges-or any of them-will not be any improvement over them, and if I had my way they would all be their own successors.

No just charge can be made against them as

mostly born of professional disappointments-or losses in the Supreme Court. Less of the latter

R. L. G. WILLIAMS, of Lewisburg, is the would happen if more attention was given to the

new President of the Bar Association; and Mr. John W. Davis, of Clarksburg, is the new secretary. The Association is fortunate in securing these able men to take charge for another year, and we venture to predict that they will prove both faithful and efficient.

Circuits. The haste there, the disregard of the rights of persons and property manifest upon the reading of many opinions of refusal-will convince any unprejudiced mind that the staying hand of the Supreme Court is essential to the due administration of justice.

Most men complaining of the Supreme Court may be men who take but little interest in anything but To be right is far better. The judges of the Supreme Court must be right "though the heavens fall."

success.

WEST VIRGINIA BAR ASSOCIATION

suppose it will be necessary that the duties of that committee shall be conferred upon some other committee or a committee selected for the purpose, has any gentlemen a suggestion as to the substitution of a committee on Admissions?

Proceedings of the Fourteenth Annual MR. WESTENHAVER:
Meeting of the West Virginia

Bar Association,

If there is no constitutional or other objection to it, I move that for the present the Executive Counsel of the Association discharge the duties of the Committee on Admission and Election of Members.

PRESIDENT: It is moved that for the present the duty of the Committee on Admission be conferred upon the Executive Council. If there is no

HELD AT MARTINSBURG, IN THE FEDERAL COURT objection I suppose we can regard that as having

On January 4th, 1900, at 11:05, the Association was called to order by its President, W. Mollohan. The Secretary was absent.

MR. WILLEY: I move, Mr. President, hat Mr. Oscar A. Campbell, who is reporting for the Secretary, be appointed Secretary pro tem.

་

The motion was carried and Mr. Campbell was selected as temporary Secretary.

been passed.

There was no objection.

REPORT OF

COMMITTEE OF ADMISSION OF NEW
MEMBERS:

PRESIDENT: Has any one any names to propose 'for admission?

MR. WESTENHAVER: I desire to propose the names of the following gentlemen for admission to the Association, and have them referred to the committee just appointed: A. C. Nadenbousch, Martinsburg; J. M. Woods, Martinsburg;

PRESIDENT: You have a local Association here? MR WESTENHAVER: We have not. Allen C. Noll, Martinsburg; W. C. Kilmer, Martinsburg; all members of the Berekley County Bar, and Harvey W. Harner, of Clarksburg, and X. Poole, Ward B. MR. AMBLER: 1 move that Mr. Camphell be Lindsay and L. D. Gerhardt, of the Berkeley appointed stenographer of this meeting.

PRESIDENT. I believe it is customary to also select a stenographer of the meeting.

County Bar. I presume these nominations will go

The question was carried and Mr. Campbell was to the Committee without further action. I have lected stenographer.

MR. AMBLER: Mr. W. N. Miller, Treasurer of the Association, handed me his report with regrets that he is unable to attend this meeting. It is within our knowledge that he is trying a case in the United States Court in Parkersburg. I would merely say that the report shows that the Association is thorougaly solvent and has a very handsome bank balance. I recommend that somebody be appointed in his place and that the accounts be submitted to him.

a communication, from the President of the Committee on Admissions, Mr. Vandervort, and will hand it to the Secretary.

Here the Secretary read the report, which was as follows:

To the West Virginia Bar Association:

I desire on behalf of the Committee on Admissions to present and recommend for membership in said Association: Basil T. Bower, Esq., New Martinsville, W. Va.; Felix C. Piper, Buckhannon; and A. D. Preston, Fayetteville, W. Va. Whereupon, on motion, Mr. C. D. Merrick, of Parkersburg, W. Va., J. W. VANDERVORT, Parkersburg, was elected Secretary pro tem.

MR. WESTENHAVER: 1 note from the program that the first order of business is the annual address of the President, following which is the report of the Committee on Admission and Election of Members. My recollection is that it has been customary to invert that order of proceeding and hear the report of the Committee on Admissions and Election of Members first, so that they may be fully equipped members of the Association, prepared to participate in the discussion upon the President's report, and any other business that comes before the meeting. I suggest that by unanimous consent we proceed to the report of that committee.

No objection was made.

Jan. 3rd, 1900.

Chair. Com. on Admissions. MR. WESTENHAVER: There was also handed to me to propose for membership the card of Frank Clark Wells, of Wetzel.

PRESIDENT: Are there any other names?

The names of E. A. Hart and J. E. McKenzie, both of the Hancock County Bar, were here propose by Mr. Oliver Marshall.

At this point, the Committee on Admission and Election of Members reported, through Mr. Westenhaver:

MR. WESTENHAVER: The Committee on Admission of members direct me to submit the following report in regard to the names proposed:

The committee on the admission of members beg leaves to report in favor of the election of the fol

PRESIDENT: I understand that there is no mem-lowing applicants: ber of the Committee on Admissions here, and I

A. C. Nadenbouch, Martinsburg, W. Va.: J. M.