Volume 20, Decennial Digest Completes the text of this great digest of American case -- law down to 1906. The remaining volumes of the set 21 to 25 will be given up to A Complete Table of all American Cases This is the first complete It will serve as an index to the entire body of American Case Law. Any case cited will serve as WRITE FOR FULL EXPLANATION West Publishing Co. St. Paul, Minn. The Bar VOL. XVIII THE BAR Official Journal of the JANUARY, 1911 AN OPEN FORUM No. 1 This journal is intended to furnish an open forum to every lawyer for the discussion of any polIcy or proposition of interest to the Profession. It invites a free Interchange of views upon all such topics whether they agree with the views of THE BAR or not. THE BAR goes to every court house in the state, and is read by, probably, three-fourths of the lawyers 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 BAR is furnished at the nominal rate of $1.00 year, which is less than the cost of publication, and we would like to have the name of every lawyer in the state on our subscription list. Greetings THE BAR sends new year's greetings, with best wishes to al! its readers; and congratulates itself on the pacific entrance upon the eighteenth anniversary of its birth. THE BAR hopes that the very peaceful, pleasant and enjoy. able relations which have existed with all its readers for the past seventeen years, may continue through eighteen years, or more. Behold how sweet and pleasant it is for brethren to dwell together in unity." The comradeship of those who have a com mon vocation and common aspirations is not to be undervalued. We appreciate these kindly relations with the bar of West Vir ginia. We send them this slogan for the new year "Think big, talk little, love much, laugh easily, work hard, give freely, pay cash and be kind—it is enough!" Mr. Carnegie has, in our view, capped the climax of his great benevolences in the generous foundation he has made for a peace pact between the nations of the world. If all influential men had the spirit of Mr. Carnegie toward this subject, instead of the narrow, suspicious and skeptical attitude of some "great" men, we could have had a renewal of the proclamation this Christmas: "Peace on earth, good will toward men." But so long as the policy prevails of making and accumulating implements of war as a means to peace, we will be accounted hypocrites and cowards and fakirs. If all the wealth that has been and is going into preparations and precautions against war, were really expended in a real war. we would count it a great calamity. If all this wealth were today turned into the paths and purposes of peace we could celebrate the millenium during this new year. “WANTED—To buy a set of Federal Reports and Digests. Address George S. Wallace, Huntington, West Virginia." Our Proposition We have been requested to put our proposition for reforming the procedure in the courts in complete form. The demand is to "show us." We respond to this request in the formal bill herewith appended. We do not assume that this bill is perfect. The details of such a measure require more time and thought than we have given it. Our special aim has been to incorporate the special features and plan of the practical measure we have heretofore advocated. The essential features of our proposition, and of any effective proposition for reforming procedure, as we see it, are three, to-wit: 1. To expedite the process by which litigants may get into court by reforming the Rules Our existing system of Rules is an Egyptian mummy that ought to electrified by a bolt of lightning. 2. To excise some intiquated and dilitory methods in our chancery practice. 3. Having shortened and simplified the process of getting into court by some general provisions, then to leave it to a com mission of judges to formulate a code of rules of procedure that will get a litigant out of court over a speedway that will be smooth and swift and terminable within the natural life of a man. The feature we desire to emphasize, upon which we are dogmatic, which we maintain is a sine qua non to any effective and satisfactory reform, is that of a code of rules originating with, and well digested by, a commission of men who are behind the guns and know their business. So insistent are we that reform in this connection lies only along this one line, that we challenge any lawyer, who will sit down and think and seriously survey the whole field, to avoid reaching the conclusion that the only sensible, natural, practica ble and promising method of reforming the procedure in our courts is through rules and regulations made by, and from time to time revised by the courts themselves. Legislation to this end must prove, as it always has, a disappointment and a failuré. We have personally passed through this experience in wrestling with the problem. We claim no credit or originality in proposing or advocating the plan-we were simply driven to it as a logical, inevitable, dernier resort. There is no other open road. We were confirmed in this view and took courage by finding that the committee of distinguished lawyers of the American Bar Association, which had this subject before it at the last meeting, recommended and urged this method -reform through rules of court-as the only practical plan. We do not think President Taft has been reading THE BAR but he has been wrestling with this proposition and has reached the same ineyitable conclusion, and in his last message gives THE BAR's plan this virtual endorsement. He says: "One great crying need in the United States is cheapening the cost of litigation by simplifying judicial procedure and expediting final judgment. Under present conditions the poor man is at a worful disadvantage in a legal contest with a corporation or a rich opponent. The necessity for reform exists both in United States courts and in all State courts. In order to bring it about, however, it naturally falls to the general government by its example to furnish a model to all states. I am strongly convinced that the best method of improving indicial procedure at law is to empower the Supreme Court to do it through the medium of the rules of the court, as in equity. This is the way in which it has been done in England, and thoroughly done. The simplicity and expedition of procedure in the English courts make a model for the reform of other systems. Several of the Lord Chancellors of England and of the Chief Justices have left their lasting impress upon the history of their country by their constructive ability in proposing and securing the passage of remedial legislation effecting law re forms. I cannot conceive any higher duty that the Supreme Court could perform than in leading the way to a simplification of procedure in the United States Court." Now, without further argument, we simply repeat that the |