Mr. Bibb: Mr. Foster, in the report that was read yesterday by the Committee on Jurisprudence and Law Reform made several recommendations, one of them being a suggestion that appeals particularly to me, and that is the recommendation that this Association sponsor a bill in the Legislature giving the Supreme Court power to make rules of procedure and practice, rather than having that matter regulated by statute. There is a bill now pending in Congress, conferring similar power on the United States Supreme Court. That bill has the support of the American Bar Association, and also the American Judicature Society. I think this Association ought to take some steps to get such a bill before the Legislature of this State, to give the Supreme Court of Alabama the powers prescribed, of fixing the procedure in the courts of Alabama, instead of leaving that to the Legislature. I therefore move that the recommendation of Mr. Foster be adopted, and that the Executive Committee be requested to prepare a bill to introduce at the next Legislature, conferring upon the Supreme Court power to regulate all procedure and practice in the courts in this State. The President: I understood that was a law already, that the Supreme Court has that power. Isn't that true, Judge Brown? Judge Brown: They don't sometimes exercise it. Mr. Sterne: Only when they conform to the statute. I have investigated that question, and all I could find was that the Supreme Court had power to regulate chancery proceedings, so long as its regulations were not inconsistent with the rules already prevailing, and with Legislative enactments. It has no power to do that, contrary to statute. The Supreme Court has power to make rules for its own cases. I couldn't find that it had any power to fix the practice, and certainly if it had any power it couldn't make a rule contrary to the statute. The President. You have heard the motion of Mr. Bibb. Is there a second? Mr. Wilkinson: I am opposed to that resolution. We have got Rule 45 now, manufactured and labeled by our Supreme Court, and it is a dead letter. What we need is a law to require the Supreme Court to observe and abide by the rules and regulations, instead of making rules and regulations of their own. I think if that august body devoted half as much time to observing what the statutory requirements in a given case are, and following the precedents that have been laid down, we will get along better. Rule 45 provides for certain classes of litigation we have, and it has been whittled down to where it had just as well be repealed. I don't see any use encumbering our books with a lot of other rules that will be whittled whenever the occasion arises. The President: The resolution is still open for discussion. Mr. Terry: I wish to substitute a motion that the matter be referred to the Executive Committee, to be reported back to this Association at the next meeting. The President: You have heard the motion. Mr. Wood: I don't believe this is a serious minded body of men who want to consider that resolution at this time. I hope it won't pass unless it be referred to some committee. The President: We are still open for discussion, whether we will have this referred to the Executive Committee or not. If there is anybody opposed to it, or who wants to send it to some other committee, we will be glad to hear from him. Mr. Stokely: I move the motion be amended by striking out the Executive Committee, and substituting in lieu thereof the Legislative Committee. Mr. Bibb: The motion was that the suggestion of Mr. J. M. Foster in his report which was read yesterday be adopted. The President: That the suggestion of Mr. J. M. Foster be adopted; a substitute was offered that the resolution be referred to the Executive Committee; an amendment to that offered that the Executive Committee be stricken out and the Legislative Committee substituted offered. I understand there is a motion made to table that amendment which I believe under the rules of partliamentary law would carry the whole thing, if you table the amendment. The motion to table was adopted. Hon. A. M. Garber: I was in this hall a day or two ago when there was a convention of some Association. The President: Oh, women's clubs, wasn't it? Mr. Garber: One of the gentler sex was introducing another one and told this anecdote, and I want to apply it to this situation. John had been in love with Emma a long time but had never gotten up the courage to assume the responsibility of putting the question. Finally one day John took Emma riding. After riding four or five miles, he said, “Emma, will you marry me?" And she said, "Yes, John, I will." And they rode on four or five miles further and nothing more was said. And finally Emma said, "John, haven't you got anything else to say?" And John said, “No, Emma, I have said too damn much already." (Laughter.) The President: I think it would be in order for this Association to have a banquet next time and make Colonel Garber toastmaster. If there is no further business, the meeting is adjourned sine die. And thereupon the Association adjourned sine die. OFFICERS OF THE ASSOCIATION 1921-22 PRESIDENT: W. O. MULKEY, Geneva VICE-PRESIDENTS: L. M. Moseley, Union Springs W. H. Mitchell, Florence R. B. Evins, Greensboro Elliott G. Rickarby, Mobile SECRETARY AND TREASURER: Alexander Troy, Montgomery EXECUTIVE COMMITTEE: J. T. Stokely, Chairman, Birmingham Henry R. Howze, Birmingham S. A. Lynne, Decatur. Z. T. Rudulph, Birmingham W. O. Mulkey, Ex-off., Geneva Alexander Troy, Ex-off., Montgomery. CENTRAL COUNCIL: B. P. Crum, Chairman, Montgomery Geo. W. Peach, Clayton Claude E. Hamilton, Greenville Marion Rushton, Montgomery |