him, so long as that truth is material to the issues, or assists in determining the credibility of testimony. 4. Lawyers' communications with their clients are made privileged because lawyers are a part of the machinery for the redress of wrongs. The lawyer, within the scope of his employment, is the alter ego of his client, and if he be forced to disclose his client's affairs, the client should likewise be compellable to do the same. But your committee deems it unnecessary to defend this provision of the law, because, if its existence be a reason for further blocking the ascertainment of the truth, it should not be allowed to stand. It would be better to repeal it than to extend it. Your committee recommends that this Association respond to the Memorial of the Medical Association of Georgia by expressing its regret that, for the reasons stated herein, it is unable to give the indorsements requested. Respectfully submitted, A. R. LAWTON, L. F. GARRARD, ALEX C. KING, Committee. A BILL TO BE ENTITLED AN ACT TO PROVIDE COMPENSATION FOR EXPERT WITNESSES, AND FOR OTHER PURPOSES. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, That any witness subpoenaed by the State to testify only to an opinion founded on special study or experience in any branch of science, or to make any scientific or professional examination, and to state the results thereof, shall, in lieu of the fees now allowed witnesses for the State, be entitled to such just and reasonable, but in no case excessive, compensation as the judge trying the case may award upon a consideration of the value of the time employed and the degree of the learning and skill required, to be paid as prescribed by section 1116 of the Penal Code. Sec. II. Be it further enacted by the authority aforesaid, That wit nesses subpoenaed by the defendant in criminal cases as experts shall be entitled to similar compensation, which shall be collectable upon the conditions and in the manner provided by law for fees of non-resident witnesses for the defendant. Sec. III. Be it futher enacted by the authority aforesaid, That in civil cases, when not otherwise agreed upon by the party at whose instance the subpoena issues or the evidence is had, expert witnesses shall be entitled to similar compensation, to be collectable as the law now provides for collecting witness fees in civil cases. Sec. IV. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. Amend section III. by adding to the end thereof the following: "Except the same shall not be charged to the opposite party if he be cast in the suit." A BILL TO BE ENTITLED AN ACT TO RENDER PHYSICIANS AND SURGEONS INCOMPETENT TO TESTIFY IN CIVIL CASES AS TO CERTAIN INFORMATION ACQUIRED WHILE CONSULTING OR ATTENDING A PATIENT, AND FOR OTHER PURPOSES. Section I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, That no person duly authorized to practice medicine or surgery in this State shall be competent to testify in civil cases, except cases founded on torts for personal injuries or for malpractice, as to any information acquired while consulting or attending a patient in a professional capacity and learned by communication with or examination of the patient, or otherwise, and which was necessary to enable such physician or surgeon to properly prescribe or treat the patient, during the life of such patient, unless he or she expressly consents to the same. Sec. II. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are, hereby repealed. REPORT OF THE SPECIAL COMMITTEE ON EXPERT Mr. President: WITNESSES. ATLANTA, GA., July 3, 1900. The Committee on Reform as to the law and expense of expert witnesses have no formal report to make, for the reason that at the session of this body one year ago, the entire subject was referred to the Committee on Remedial Procedure and Judicial Reform. The last named committee was to investigate the whole subject and report at this meeting. By way of information, however, I beg leave to say that, aided by a very slim attendance of my committee, I appeared with Dr. Baird, representing the State Medical Association, before the Joint Judiciary Committee of the last Legislature, and recommended that some reform, properly guarded and digested, be made in the present law on this subject, taking the bills framed by Dr. Baird as a basis. It would seem that the medical profession ought in some way to be protected from the too great burden of attending in unnecessary numbers at criminal trials; and that moderate and reasonable compensation should be secured to a limited number of such witnesses, in all cases where the same may be practicable. I am informed that the session ended without any legislative action being finally had. I communicated a request sent to me by Colonel Lawton, chairman of the committee charged with the consideration of the subject at the present session, for more detailed information, to Dr. Baird, and he informs me that he sent to Colonel Lawton all that was at his command. Respectfully submitted, GEO. HILLYER, Chairman. APPENDIX E. REPORT OF COMMITTEE ON JUDICIAL ADMIN ISTRATION AND REMEDIAL PROCEDURE. To the Georgia Bar Association: The embarrassment inevitable to the execution of a commission so extensive in its scope and allowing so wide a range for the selection of topics, as that under which this committee was charged to act, has been not a little enhanced by the circumstance that, so far as its chairman has been informed, no specific matter for examination and report was referred to it by the Association at its last meeting, nor has any member, or any lawyer, within or without the State, favored it with a single valuable suggestion for raising the standard, of judicial administration, or for the improvement of our system of "Remedial Procedure." Confronted with a great variety of useful and attractive topics, without official instruction or private suggestion to direct our choice, our perplexity has been akin to that experienced by the eager and expectant guest, who, in the midst of a profusion of unaccustomed dainties, sits "inattentive and untasting," while selection hesitates and appetite is shorn of zest by sheer bewilderment. It should be further explained, that the committee was seriously hindered in its labors by the impossibility of frequent correspondence and active cooperation among its members,due chiefly to exacting professionol engagements and partly to private bereavement. So much by way of apology for the in completeness of its work. This report (if such it can be called) has little relevancy to law in the abstract, or to the general municipal law of the State; but concerns chiefly the manner in which, and the means by which, the laws of Georgia are administered in her courts, and by her commissioned judges. The judicial administration of the law, being but another name for dispensing justice to the people, can be neither efficient nor beneficial unless the forms and machinery provided for such administration be uniform, intelligible, and adequate; and, as in mechanics, there must be no avoidable "loss of force." The Rules of Procedure should be convenient, and compulsory--sufficiently so, at least, to insure safe and easy access to suitors; a full, orderly, and candid expression of their complaints and desires; for compelling the production of all relevant and material testimony, by those who possess it; and to secure prompt and practical submission to the result when ascertained and declared. And so, whatever the State shall prescribe,--directly or through its judges-for promoting these ends, constitutes its system of "Legal Procedure"; which includes the whole body of rules and formulæ applicable to pleading, evidence, and practice. The judges who administer them must of course be accurately informed as to their spirit, reason, and purpose, and resolute and diligent in their enforcement. With these conditions present, there is small need for the addition of anything more in order to secure to the citizen such measure of "legal justice" as is attainable in human affairs. The improvement made in the Rules of Procedure observed in our courts has, during the past decade, been extensive and beneficial. To those embodied in the Code only a few have been added by legal enactment; and these last were designed mainly to adapt those already established to changing business conditions and to current popular needs. Some of these new rules can hardly be said to have advanced beyond the experimental stage; and, though reluctantly accepted and severely criticized by some, having both authority and experience, yet have thus far proved valuable for promoting perspicuity and conciseness in pleading, and for the speedy disposition of causes. The act of December 15th, 1893, known as the "pleading act," as construed and applied by the courts, has proved a sat |