plea is stricken and judgment rendered. This also is a good rule, but it would be better to have all such rules law all over the State instead of in force in some counties and not in force in others. It may be appropriate at this point to call the attention of the Association to the bill sponsored by the American Bar Association, and now pending in Congress, giving the Supreme Court of the United States power to make rules and to regulate cases at law as it now has the power to do in equity cases. Personally I think that if we could obtain such a rule-making power for the Supreme Court of Alabama, the judicial procedure in Alabama could be greatly improved in a very short time. I am not unaware of the fact that the Supreme and Circuit Courts have some rule-making powers, but these rules must be in conformity to the statutes. The courts should have power to regulate all matters of practice and procedure which is burdensore or slow. The court should have power to correct it. I think that some of the pleas for delay could be eliminated if all pleadings were required to be verified, as in the United States Courts in equity. As these pleas or demurrers for delay arise principally in suits on notes, accounts, and mortgages, a large number of them could be eliminated by a few changes in practice. A demurrer to a complaint on a note, mortgage, or account should be accompanied by an affidavit that the attorney filing it, or the defendant, if he undertakes to represent himself, does so in good faith and not for delay, and verily believes that the demurrer is meritorious. A plea to such complaint should set forth in detail the exact point or points relied upon as a defense, or if it is simply a denial of allegations in the complaint, it should set forth in detail which allegations of the complaint are admitted and which are denied, and, in the case of an account filed with the complaint, the plea should set forth which items are admitted and which disputed, and the reason for such disputed. It should be verified by the defendant, his agent or attorney, and the attorney filing such a plea should file with it an affidavit saying that he verily believes the plea is filed in good faith and not for delay, and that, in his opinion, the matters set up therein constitute a good defense to the action, or a part thereof, and will be supported by evidence. A defendant's demand for a jury in a suit on a note, mortgage, or account should be accompanied by an affidavit of the attorney, or defendant, where the defendant represents himself, that the jury is not demanded for delay; that the attorney, or defendant, as the case may be, bona fide expects to contest the case on the trial thereof and that the attorney, or defendant, as the case may be, believes the jury is necessary for the trial of the case. There should also be a heavy penalty to be awarded if the judge believes the jury demand, plea, or demurrer was filed for delay. If this Association can accomplish any of the reforms in procedure which I have indicated, it will do a great deal toward restoring confidence in the law and eliminating the delays which litigants find so burdensome. As was recently said by Charles Evans Hughes: "In making the processes of justice speedy, sensible, and direct; in minimizing the opportunities for abusing the privileges of the court by technicalities and delays, we are buttressing the foundations of the republic." REPORT OF COMMITTEE ON LEGISLATION OF EUFAULA To the Alabama State Bar Association: We, your Committee on Legislation, beg leave to report to your Honorable Body, that we have deemed it wise not to make any formal written report at this meeting of the Association, for the reason that prior to another session of the Legislature in 1923, this Association will hold its annual meeting for 1922, and in the mean time, the committee appointed for the Association will have time in which to study such legislation as will be deemed best for the committee to suggest to the Legislature. There are numerous matters that should have the attention of the Association, but it is well for them to be considered at the meeting, just prior to the assembling of the lawmaking body of Alabama. Therefore, we feel that your Honorable body will approve of "no recommendations" at this time. Respectfully submitted, C. S. MCDOWELL, Jr., Ch. J. T. KIRK, O. S. LEWIS, G. O. CHENAULT, Committee on Legislation. COMMITTEE ON LOCAL BAR ASSOCIATIONS By ALEX. M. GARBER, Chairman OF BIRMINGHAM Mr. President, and Gentlemen of the Alabama State Bar Association: This report is chiefly an appeal for the organization of Local Bar Associations. The larger measure of service recorded by the Committee on Local Bar Associations in the past and by this Committee as well, has been rather an academic memorial of the cardinal purposes of this Association. From time to time, however, many thoughtful recommendations have been submitted for your consideration, which may be of use in the future plans and procedure for the expansion of the work of this Association, and for the increased efficiency of local organizations. It is the opinion of this Committee that this measure of service will likely remain restricted and largely ineffective so long as the efforts to promote the formation of local bar associations are confined to the sole medium of correspondence as a means of stimulating the members of the profession throughout the state to active and permanent organization. It appears, however, that this Association, for the past several years, has given more attention than heretofore to those matters coming within the purview and province of this Committee. Through its presiding officer, it has endeavored to impress upon the legal fraternity the importance of a local bar association in every community that may be able to maintain such an organization. Although no very definite results have so far been achieved, it is gratifying to observe that it has at least quickened the professional spirit in respect to both the complexion and significance of the purposes of this Association, and has also served to increase materially the annual additions to its membership. Both the cumulative force and the consequent increased benefits flowing from concerted effort and organization are everywhere recognized. They have proved potent and powerful in politics, in religion, and in the world of business and finance-in each sphere, with varying and quite dissimilar professed aims and ends. At this time, when benevolence, altruism and idealism are in daily conflict with avarice, cupidity and commercialism, it is urged that this Association, whose objects appeal to the higher instincts of man, and whose chief aim is to dignify and advance the science of jurisprudence, to promote justice and to maintain the highest standards of professional and social life, cannot perform its full measure of service to itself or to the people of this commonwealth until it has established a militant organization, with co-ordinate purposes, in every town in Alabama. Indeed, it is but a truism to assert that the usefulness of the Alabama State Bar Association must be and will be measured by its maximum service in the development and realization of its basic and fundamental conceptions. As one of the means of accomplishing this end more effectually, your Committee would earnestly recommend renewed efforts in this particular field, under some plan whereby a member of the Bar, for the State at large, or one for each Judicial District, shall be appointed by the President, and who shall be charged with the duty, either under the supervision of the President or the Chairman of this Committee, of visiting the various counties of the State for the purpose of encouraging the organization of local Bar Associations and their affiliation with this Assocition. It is believed that an active campaign of this kind will prove successful, and will also be conducive to a more cordial and intimate relationship between this Association and local associations. It is understood that at the beginning of this administration the President contemplated |