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Which action of your committee is respectfully referred to the Association for confirmation.

The committee then adjourned until to-morrow morning at 9 o'clock.

E. E. STICKLEY, Chairman.

REPORT No. 2.

HOT SPRINGS, VA.,
August 4, 1914.

To the Virginia State Bar Association:

At the first adjourned meeting of your committee held this morning, a quorum present, upon their applications, properly endorsed, the following gentlemen were elected members of the Association:

25. W. P. Lipscomb.

26. L. P. Holland:

Suffolk, Va.
Suffolk, Va.

Respectfully referred to the Association for confirmation. Committee then adjourned until this evening at 8 o'clock.

E. E. STICKLEY, Chairman.

REPORT No. 3.

To the Virginia State Bar Association:

HOT SPRINGS, VA.,
August 5, 1914.

At the second adjourned meeting of your committee held this morning, a quorum present, upon their applications, properly endorsed, the following gentlemen were elected members of the Association:

27. James F. Moore..

28. F. H. Skinner..

. Berryville, Va. Newport News, Va.

All of which is respectfully submitted to the Association for

confirmation.

E. E. STICKLEY, Chairman.

REPORT OF THE COMMITTEE ON REFORM OF JUDICIAL PROCEDURE.

While your committee is unable to report the passage of the act recommended by this Association, which would have vested in the Supreme Court of Appeals the sole power to make all necessary rules for the detail operation of the nisi prius courts, it is pleased to be able to report that considerably more than a majority of both the Senate and the House publicly committed themselves in favor of the measure, and earnestly aided in the effort to bring the bill out of committee, where it was held until a late day of the session. The Governor, Honorable Henry C. Stuart, officially recommended the passage of the bill, and seeing the interference with which your committee was forced to contend, tendered his valuable influence even to the extent of offering to transmit a special message, but certain individuals on the committee possessed sufficient power or so understood the exercise of blighting technicality as to hold back the reporting of the bill until within a few days of adjournment. Members of your committee, the President of your Association, and Mr. John B. Minor, the Secretary, earnestly appealed to the gentlemen who were obstructing the measure to give some reason for their conduct, or to withdraw the various amendments, and particularly the last one, that made it necessary for the system of rules proposed to be prepared by the Court, to be reported back to the legislature for confirmation before going into effect, but it was useless. The bill was not put upon the calendar until, under the rules, one objection was sufficient to prevent its consideration. It came about that three men in the Senate and one or two in the House were able to dictate terms, and the legislature passed the bill in the following words:

"Sec. 3312. Court of appeals shall prescribe forms of "writs and regulate practice of courts.-The Supreme Court "of Appeals shall, from time to time, prescribe the forms of

"writs and make general regulations for the practice of all "the courts of record, civil and criminal; and shall prepare "a system of rules of practice and a system of pleadings, and "the forms of process, to be used in all the courts of record of "this State; and when the same are prepared the court shall "make report thereof to the General Assembly.'

The form in which your committee desired the bill was in these words:

"Section 3112. Court of Appeals shall prescribe forms of "writs and regulate practice of courts.'

"The Supreme Court of Appeals shall, from time to time, "prescribe the forms of writs and make general regulations "for the practice of all the courts of record, civil and criminal; "and shall prepare a system of rules of practice and a system "of pleadings; and the forms of process, to be used in all the "courts of record of this State; and when the same are pre"pared and put into effect they shall have the force and "effect of a statute, unless and until thereafter modified, "and the court shall make report thereof to the General "Assembly, in order that they may be published in the "Acts of the current session, and they may be also otherwise "published by authority of the court.

"In the performance of the duties by this Act prescribed "the Supreme Court of Appeals is hereby authorized to "appoint a Commission of three persons, learned in the law, "to perform such service in connection therewith as the "court may direct.

The sum of $1,500.00, or so much thereof as may be "necessary, is hereby appropriated to be used in carrying "into effect the purpose of this Act, to be paid out of any "money in the Treasury available therefor upon the war"rant of the President of the Supreme Court of Appeals. "All laws in conflict herewith are hereby repealed." After consultation with the President of the Association, Mr. Minor, and members of this Association, your committee determined to request the Governor to withhold his signature, which he was good enough to do.

It was not conceivable that there is a member of this great Association, whose traditions carry it back to the very foundation of governments in this country, who would permit himself to be so placed as to endorse the proposition that any legislature knew better how to conduct a trial court than the Supreme Appellate Court of the State assisted by suggestions from the members of the Bar; that in accordance with the proper theory of the government the Legislative Department had the right to do it; or that the highest Appellate Court of the historic State of Virginia should have been affronted.

The bill as passed would have served no useful purpose, but would have been mischievous in its result. It destroyed the great principle for which contention has been made, and upon which forty-one State Bar Associations and the American Bar Association have unanimously agreed. Ohio is the last State to fall into line, and Illinois is expected to follow. New York is in the act of putting it into effect. Virginia, but for a handful of obstructionists, would have taken her proper place in the lead of this, one of the greatest and most popular reforms of the twentieth century. It is most gratifying to observe that her Bar Association was not remiss.

Within sixty days two of the greatest national organizations connected with business-the National Association of Credit Men, and the Commercial Law League of America, have condemned Congress and certain legislatures and demanded the relief pointed out by the American Bar Association, the Virginia Bar Association and forty-one other State Bar Associations. Unless favorable action is taken the obvious destiny of the program will be political. It will become a plank in one or more platforms, whereas to-day it is endorsed by men of every political complexion.

Your committee begs to report that, immediately after the election of the members of the legislature it put itself into personal communication with each one, and was assured of considerably more than a majority vote. It wishes to assure the Association that it has set to work already preparing for the next legislature. It is most desirable that there should be county and

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