FRIDAY AFTERNOON SESSION 1:30 O'CLOCK THE PRESIDENT: The Auditing Committee is ready to report and we will hear that report now. REPORT OF AUDITING COMMITTEE Mr. President: We, your committee appointed for the purpose of auditing the accounts of the Treasurer of this Association beg leave to report: That we have examined the accounts of your Treasurer, showing moneys received and expended, and find the same correct as reported to this Association by the Treasurer in his report. JOHN T. CLARKSON, Chairman. Upon motion duly made the report was received and placed on file. THE PRESIDENT: The Chair will appoint as Delegates to the American Bar Association: Judge Scott M. Ladd, Des Moines; Prof. H. C. Horack, Iowa City; Judge E. M. Carr, Manchester. The meeting will be held on the 27th, 28th, and 29th of August, at Milwaukee, Wisconsin, and the Secretary will notify the parties and see that the necessary credentials are forwarded. THE PRESIDENT: The next thing in order will be the report of the Nominating Committee, Mr. James O. Crosby, chairman. REPORT OF NOMINATING COMMITTEE Your Committee on Nominations respectfully reports: For President, H. E. Deemer, Red Oak; for Vice President, John F. Lacey, Oskaloosa; for Secretary, H. C. Horack, Iowa City; for Treasurer, Frank T. Nash, Oskaloosa; for Librarian, A. J. Small, Des Moines. Respectfully submitted, JAMES O. CROSBY, Chairman. On motion duly made and seconded the report was adopted. On motion duly made by Mr. R. M. Haines, the rules were suspended and the Secretary authorized to cast the unanimous ballot of the Association for the persons named in the report for the respective offices, which was accordingly done. THE PRESIDENT: We will next hear the report of the Committee on Resolutions, Mr. I. N. Flickinger, chairman. REPORT OF COMMITTEE ON RESOLUTIONS Your Committee on Resolutions report and recommend the following for the consideration of the Association: 1. Resolved that a vote of thanks be extended to the Honorable William Renwick Riddell of Toronto, Canada, Justice of the King's Bench Division of the High Court of Justice for Ontario, for his attendance on the meeting of the Iowa Bar Association and for the entertainment and instruction afforded by his annual address and greetings at the banquet table. That the Iowa Bar Association by its members here assembled sends greetings to the Canadian Bar with the wish that the cordial relations now existing between these great Nations shall forever continue. 2. Be it further resolved that the thanks of this Association be extended to the Honorable H. S. Hadley, Governor of Missouri, for his presence at the banquet table and his inspiring and manly words of friendship and greeting from our sister State. 3. Be it further resolved that a vote of thanks be extended by this Association to the local Bar of Linn County, the Commercial and Country Clubs of the city of Cedar Rapids, as well as to its good citizens for the kind and courteous treatment and entertainment accorded the members of this Association while guests of the city. 4. Resolved that a vote of thanks generally be extended to the various parties who have read papers and responded to toasts during the meetings and at the banquet of the Association, both by reason of the instruction and the entertainment afforded thereby. Respectfully submitted, I. N. FLICKINGER, THE PRESIDENT: The Chair at this time desires to express his appreciation of the very able manner in which we have been entertained by the Bar of Cedar Rapids. Chairman Trewin and his successor, Mr. Chas. R. Sutherland, have been faithful in season and out of season, and matters have been so thoroughly and carefully arranged that no single complaint has been made so far as known to the Chair. At this time I also desire to publicly express my appreciation of the services rendered by Prof. H. C. Horack, the Secretary of the Association. His duties have been arduous and he has performed them ably and well, and I express to him thus publicly my appreciation and thanks for these services. I now recognize the Secretary, who will read the report of the Executive Committee. REPORT OF THE EXECUTIVE COMMITTEE Your committee begs leave to report: Upon the invitation of the Sioux City Bar the place for holding the next meeting has been fixed at Sioux City. The date of meeting will be the last Thursday and Friday in June, i. e., June 26 and 27, 1913. It was further moved and carried that the appointment of all committees be delegated to the new President, and that he should make appointments at such times as he should see fit. Upon motion duly made, the report was received and placed on file. The committee appointments, as later announced by Presidentelect Justice H. E. Deemer, were as follows: COMMITTEES OF THE IOWA STATE BAR ASSOCIATION FOR 1912-13 Legal Education and Admission to the Bar: Scott M. Ladd, Sheldon; Ralph Otto, Iowa City; Louis Block, Davenport; F. W. Sargent, Sioux City; C. A. Dudley, Des Moines. Legal Biography and History: J. B. Weaver, Jr., Des Moines; W. R. Lewis, Montezuma; C. J. Wilson, Washington. Law Reform: E. B. Evans, Des Moines; J. J. Clark, Mason City; C. H. Van Law, Marshalltown; W. E. Johnston, Ida Grove; A. N. Hobson, West Union; F. F. Dawley, Cedar Rapids; Robert Healy, Fort Dodge. Membership: A. H. Hollingsworth, Keokuk, 1st District; W. M. Davis, Iowa City, 2nd District; E. H. McCoy, Waterloo, 3rd District; A. L. Rule, Mason City, 4th District; C. E. Walters, Toledo, 5th District; T. J. Bray, Grinnell, 6th District; Clifford Cox, Des Moines, 7th District; V. R. McGinnis, Leon, 8th District; Henry Peterson, Council Bluffs, 9th District; Thomas McCarty, Emmetsburg, 10th District; O. D. Nickle, Sioux City, 11th District, Chairman. Grievances: E. C. Roach, Rock Rapids; F. F. Faville, Storm Lake; D. F. Stockman, Sigourney; E. M. Carr, Manchester; W. B. Quarton, Algona. Programme: H. E. Deemer, Red Oak; R. M. Haines, Des Moines; M. J. Wade, Iowa City. Uniform Laws: N. D. Ely, Davenport; J. L. Carney, Marshalltown; C. G. Saunders, Council Bluffs; Chas. S. Bradshaw, Des Moines; Glen Brown, Dubuque. Section on Taxation: J. H. McConlogue, Mason City; Chas. A. Clark, Cedar Rapids; John T. Clarkson, Albia; J. C. Mabry, Centerville; Wesley Martin, Webster City; Frank O'Connor, New Hampton. Constitution and By-Laws: A. T. Cooper, Cedar Rapids; R. M. Haines, Des Moines; J. A. Devitt, Oskaloosa. THE PRESIDENT: If there is nothing farther, we will resume the consideration of the report of the Committee on Law Reform. CHAIRMAN EVANS: We have for consideration the third recommendation of the Committee, and I move its adoption. Duly seconded. MR. JAMES O. CROSBY: This is the third time that this committee has brought forward this recommendation. I have made two speeches against it, and what bothers me now is to know whether I should repeat those two speeches. I do not know how many times I shall be called upon to oppose this recommendation. There ought to be an end to it some time, so I guess I will make a speech. This recommendation seeks to empower the trial court to limit the argument in jury cases, that is, to increase the powers of the District Judges. Is it possible that the members of the bar are losing their discretion, and that the court shall monopolize this matter? Patrick Henry said: "Give me liberty or give me death." It is curtailing our liberties as trial lawyers. It is necessary, perhaps, to inquire about this matter of discretion. The judges of the District Court are there from their own seeking. They are supposed to have the common discretion of the trial lawyers before they seek to be elevated to the bench. Suppose they succeed in getting the nomination, the mere fact of getting the nomination does not increase their discretion. If they are nominated, that does not withdraw the discretion from the members of the bar. Now, suppose they are elected, and the laity and members of the bar help to elect them; that act of election does not increase their discretion, nor does it detract from the discretion of the lawyers who voted to elevate them to the bench. Is there some manipulation, some system by which this passage to the bench adds to the discretion of those that are elected? From what source did they draw it? Now, gentlemen, in the District Court things go pretty much as the judge says. When he addresses the jury he can use his own discretion as to the length of time he takes. I can't see where there is any change in discretion between the members of the bar that do not get elevated to the bench and those who do. Where did this originate? It certainly didn't originate among the lawyers, for they do not like to relinquish their powers. It seems this must have originated from the District Judges, and it certainly doesn't show much discretion on their part. I guess this is enough for this time. MR. PARRISH: I did not intend to take part in any more discussions, but I cannot forego the opportunity of for once taking sides with the Committee on Law Reform. It is true, I think, that the discretion which is lodged in the members of the bar in respect to the time they may use in the argument of jury cases, is not very often abused. But it is sometimes and in some places. It has not been a great while ago that I went to try a case in one of the southern counties of this State, and took along with me |