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THE WEST VIRGINIA BAR.
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.
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.
One Page 1 insertion
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HE Funk & Wagnalls Company have published a very entertaining volume entitled "CuriosThis journal is intended to furnish an open forum ities of Law and Lawyers," which contains to every lawyer for the discussion of any policy or a wonderful fund of anecdote and humor. For $3 proposition of interest to the Profession. it invites a free interchange of views upon all such top. you can get all the jokes extant on lawyers and the ics whether they agree with the views of THE BAR
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.
HE 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 stand
THE BAR is furnished at the nominal rate of $1 ing committees for the pear, which is the most ima 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.
WE have held the January number of THE BAR back in order to give our readers the proceedings of the Bar Association before they were stale. This explains why it is about two But we weeks later in the month than usual. assumed that our readers would rather have THE BAR late than the report late.
were not present will have an opportunity of reading them later on.
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.
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. Among these we note, the action of the Association asking the Supreme Court to promulgate an additional rule governing admissions to the bar, which will take in those who are going to other States to procure license by way of evading the law of this State; a movement for an increase in 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.
To write the Fourteenth annual meeting, is a statistical reminder that this Association is fast as suming the dignity and importance which always attach to age and experience. Among those whose faces have appeared at nearly all the annual meetings since its organization there has grown up a 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 The social features of the meeting deserve more sadly illustrated at the recent meeting. 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 The addresses and papers presented were of un- from start to finish without a hitch and with the usual merit. There were more papers offered than evidence of a master hand in its organization. at any previous meeting of the Association, and With such a committee as D. C. Westenhaver, S. they occupied nearly all the time of the meeting, W. Walker, H. H. Emmert, U. S. G. Pitzer, and so that there was little opportunity for general dis- A. C. Nadenbousch, at the helm it was bound to cussion. These addresses and papers do not ap- be a banquet par excellence. There was no procespear 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,
The Martinsburg Meeting.
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.
through the skill of the caterer and the cook. And the wines!-well they were wines!-and there were several courses of them, too!
To The Bar:
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 old- As an attorney practicing in the Supreme Court time colonial gentleman-a revolutionary aristo- of this State-as well as the Circuit Courts-and crat, with a martial air, a courteous, graceful man being largely familiar with the lawyers of variand a trim, courtly figure, such as we are ac- ous circuits, I want to enter my protest against customed to see in our early society pictures. He the efforts of some of the profession to detract is a character that greatly impressed those who from the merit and ability of the Supreme Court, saw him for the first time. Other speakers dis- by denouncing the salaries received by its mempensed wit and wisdom and the usual blandish-bers, and in the same breath declaring that the ments appropriate to such an occasion with great best judges cannot be had at such figures. 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 Martinsburg bar, and venture to say on behalf of the Association, that "we'll be glad to come again."
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 men, lawyers and judges. Objections to them are mostly born of professional disappointments-or losses in the Supreme Court. Less of the latter
new President of the Bar Association; and Mr. John W. Davis, of Clarksburg, is the new secretary. The Association is fortunate in se
R. L. G. WILLIAMS, of Lewisburg, is the would happen if more attention was given to the 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 ad
curing these able men to take charge for another year, and we venture to predict that they will prove both faithful and efficient.
ministration of justice.
Most men complaining of the Supreme Court may be men who take but little interest in anything but success. To be right is far better. judges of the Supreme Court must be right "though
the heavens fall."
WEST VIRGINIA BAR ASSOCIATION
Proceedings of the Fourteenth Annual
STENOGRAPHIC REPORT BY OSCAR A. CAMPBELL.)
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?
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 ROOM, JANUARY 4-5, 1900.
There was no objection.
MR. WESTENHAVER: 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.
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, chat Mr. Oscar A. Campbell, who is reporting for the Secretary, be appointed Secretary pro tem.
COMMITTEE OF ADMISSION OF NEW
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;
The motion was carried and Mr. Campbell was selected as temporary Secretary.
PRESIDENT. I believe it is customary to also select a stenographer of the meeting.
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. Lindsay and L. D. Gerhardt, of the Berkeley County Bar. I presume these nominations will go
MR. AMBLER: 1 move that Mr. Camphell be appointed stenographer of this meeting. The question was carried and Mr. Campbell was to the Committee without further action. I have elected stenographer.
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:
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.
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. Prestou, Fayetteville, W. Va.
Jan. 3rd, 1900.
Whereupon, on motion, Mr. C. D. Merrick, of Parkersburg, W. Va., J. W. VANDERVORT,
PRESIDENT: Are there any other names?
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.
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
No objection was made.
PRESIDENT: I understand that there is no mem-lowing applicants: ber of the Committee on Admissions here, and I
1 A. C. Nadenbouch, Martinsburg, W. Va.: J. M.