The President: The patron of that measure is not present.

Mr. A. W. Patterson: I move to lay it on the table.

Judge Graham: I second the motion very heartily.

The President: It is moved and seconded that the proposed amendment to the By-Laws be laid on the table. All in favor—

Mr. Eugene C. Massie: I am opposed to that proposition, but the patron of that measure said he wished to perfect it, and, if we lay it on the table, he will not have an opportunity of doing so. It seems to me we should show him the courtesy of postponing it until tomorrow.

Judge Graham: Was that at his special instance or request that this was continued until this evening?

The President: If the motion to lay on the table be carried, our permission could be given to the patron to call it up tomorrow morning if he chose.

Judge Duke: That follows of course, doesn't it?

The President: If you lay it on the table, that ends it.

Judge Duke: If you lay it on the table, you can take it up, can't you?

Judge Graham: A two-thirds vote can take it up.

The President: I don't suppose that the body ought to put itself in the position of acting definitely on this in the absence of the patron. That is merely a suggestion from the Chair.

Judge Duke: I move as an amendment that the matter be postponed until tomorrow morning.

Col. Stickley, Chairman of the Committee on Admissions, submitted the third report of that Committee, which, on motion of Mr. A. W. Patterson, was adopted.

(See Report at end of Minutes.)

The Secretary: I desire to announce that a photograph of the members of the Association will be taken tomorrow immediately after adjournment of the morning session, in front of the hotel, and all are requested to be present.

On motion of Judge Duke the Association took a recess until tomorrow morning at 10 o'clock.

THIRD DAY

OLD POINT COMFORT, VIRGINIA,

THURSDAY, August 10th, 1905.

The Association met at 10 o'clock A. M.

The President: I recognize the Chairman of the Committee on Admissions.

Col. Stickley, Chairman, submitted the final report of the Committee on Admissions, which was adopted.

(See Report at end of Minutes.)

The President: We are honored today by the presence of a gentleman conspicuous as a scholar, as a jurist and as a statesman. To a greater extent than any man of his time, having surmounted those obstacles which stand in the way of the advancement of men in the South, he has made for his name an

honorable place, not only in the jurisprudence of his country but in the statesmanship of the world, where he is honorably known, not only in all the forums of America, but in all the courts of Europe. I take pleasure in introducing to you Dr. Hannis Taylor, of the State of Alabama. (Applause.)

I

Dr. Hannis Taylor: Mr. President, Gentlemen of the State Bar Association of Virginia, Ladies and Gentlemen: I certainly would be ungrateful if I were not touched by the very generous words of presentation in which I have been presented to you today by your genial and distinguished President. shall always remember this visit to this Association as one of the pleasantest episodes in my life. For weeks I have been stretched upon a bed of pain, that kind of pain which only that cruel monster, Gout, can inflict; and, then, to be suddenly translated to this place and put in the midst of this genial company, it makes me feel very much as if I had been lifted out of the tortures of Purgatory into the delights of the Gardens of the Hesperides. I shall always feel grateful to you for the privilege of being with you today. I am always proud of an invitation to speak in Virginia, and, whenever I come here, as I have on several occasions, to discuss grave questions, I feel it always due to myself and due to the occasion, to make beforehand the most careful preparation, because, when I stand here upon this sacred soil, I feel that I stand upon the hearthstone of this nation, upon which the highest American conceptions of government and law were born.

I come to you today with a grave and far-reaching question, which touches the very foundation stones of the science of jurisprudence.

The greatest danger which the American lawyer has to encounter is the danger of taking absolute propositions stated in our constitutions as absolute truths when they convey but half. Now, there is no dogma in the range of that remark so conspicuous as that one which declares absolutely that the legislative, executive and judicial power shall be separate.

Dr. Taylor then read his address.

(See Appendix.)

**

The President: In the name and on behalf of the Association, I desire to extend the thanks of the Association to Dr. Taylor for his magnificent address. (Applause.)

Mr. Eugene C. Massie: I would like to second that remark, and add a motion that a special pamphlet edition of his address be published for the use of the Association and Dr. Taylor, himself.

Mr. A. W. Patterson: I think some suggestion ought to be made as to the number of extra copies.

Mr. Eugene C. Massie: I think that can be settled by the Committee on Publication.

Carried.

Judge Leigh R. Watts: I desire to present the report of the Committee on Presentments.

The report was then read.

(See Report at end of Minutes.)

The President: What shall be done with the report?

Judge A. A. Phlegar: As I understood the reading of the report, there were two of those cases that had been reported to the committee. Am I correct in that? That in one of them steps have been taken and in the other nothing has been done. I would suggest that the committee be given authority to appoint a sub-committee to inquire into the charges, and, if they think there is sufficient ground for it, that they be authorized on behalf of this Association, and at its expense, to take the necessary steps to have that man prosecuted. If this Association can't keep the bar clear of men who are practicing without any license or any right to do it, then it is a very frail instrument indeed. I think we can do good in that way; and, as soon as it is known that this Association is a live, active, moving body, that we intend to purify matters if we can, the greater will be the attendance at our meetings and more interest be taken by the bar of the State. (Applause.)

The President: Is there a second to the motion made by Judge Phlegar?

Judge R. T. W. Duke: I second the motion.

The President:

It is moved and seconded in connection with the report of the Committee on Presentments, which has just been filed, that it be referred back to that Committee, with power to appoint a sub-committee to inqiure into the two cases which have been brought to their attention; and, if, upon investigation, the charges be found, in the opinion of the subcommittee, to be well founded, then by the employment of counsel or otherwise, to take such steps as may be necessary to prosecute the offenders against the laws of Virginia in this regard, such steps to be taken in the name if necessary and certainly at the expense of this Association. Unless there is debate, I will put the motion. As there seems to be no desire for debate, I will put the motion.

Carried.

The President: There is a piece of unfinished business which the Secretary will read.

The Secretary: There has been sent to the Secretary's desk to be offered a resolution, which I think it would be better for us to dispose of before we take up that unfinished business. With your permission, I will read it. It is offered by Judge Duke.

"Resolved, That this Association, meeting within sight of the proposed location of the Jamestown Ter-Centennial Exposition, and impressed with the benefits which it will confer upon our State, heartily commends it to our people and bespeaks the co-operation of all patriotic citizens to insure a proper celebration of the great event which it commemorates."

The resolution was adopted.