I do not intend to go into the merits of this subject or to go into details now; there are demerits in the proposed system. The report of the committee is put forward merely tentatively. I am satisfied that any man who will read that report will say that it is only so intended.

I do not think any demand will be made upon the Legislature at an extra session to adopt a new system, and this Bar Association will meet again in one year from now. Therefore, I think a recommitment should be made to the same committee, of whose careful and painstaking work we have had such ample evidence, with instructions to report a more perfect system, and that their report shall be accompanied by a set of forms, orders, and rules.

H. R. Pollard, of Richmond: Mr. President,—Before the gentleman takes his seat, I would like to ask whether his resolution is intended as an addendum?

Mr. Barton: Yes, sir.

Mr. Pollard: I am one of the converts.

Mr. Barton: Come up, brother. I will submit mine as an independent resolution. The motion, Mr. Chairman, is intended to put into practical effect the resolution adopted by the committee, and it reads as follows:

Resolved further, That the report of the Special Committee be recommitted to it with directions to report a more perfect system of legal procedure than the tentative one returned with their report, and that said scheme contain a set of rules, orders, and forms such as should be adopted and used as a part of the proposed mode of legal procedure.

J. H. H. Figgat, of Fincastle: I move as a substitute that the resolution of the committee be passed on first.

Camm Patteson, of Buckingham: I believe that law and equity ought to be consolidated. I had a case not long ago in which a man, who was trustee for an estate, had cut about $30,000 worth of timber by a trespasser, and I had to bring a bill of injunction to stop him. The question arose in my mind, can I bring this bill of injunction to stop him and get damages in the same bill? I tried every case that we have had, and every single case said that there was nothing known to equity jurisprudence where you

can get unliquidated damages. I stopped him by getting an injunction, and brought action at law for the damage done to the subject of the trust. The question arose in my own mind, whether the damage done to the trust-subject could be collected. I looked to the authorities, and I found that there was not in all the law history of Virginia a solitary case which sustained me, though I believe I was right in bringing it.

I go further than my friend: He says that this resolution is tentative; that he does not want it to go before the special session of the Legislature. I do. I want it to go before the Legislature of Virginia this winter. It changes nothing whatever in the rules, but changes merely the form of the law. I endorse the recommendation of Mr. Barton, with this exception, that I want this resolution passed fusing law and equity, but I want to go slow, and I want the committee to formulate those rules.

Rosewell Page, of Richmond: I am not one of the converts to Law Reform upon the grounds expressed repeatedly in this Convention. I propose to vote for this resolution, but it is not because I have been converted for the reasons assigned by so many of the recent converts who have spoken. I stand here to say that I shall vote for this resolution because of the many difficulties of the present practice suggested by my learned friends, especially by that one from Buckingham, whom I dare to call the Melancthon of reform from his great interest therein, and I shall not stand in the way of relieving them of those grievous burdens. While in the time that I have been at the Bar I may not have had the extensive practice many gentlemen around me have had, I am not willing to admit that I am often so much perplexed as not to know where to seek a remedy. I believe from the bottom of my heart, from ten or twelve years' diligent study of common law practice, that it is worthy of all the encomiums ever heaped upon it. I do not admit that a knowledge and use of pleading “ tends to the triumph of chicanery and untruth," any more than a knowledge of fencing tends to such a result in a sword contest. I think, however, that the writing is to be seen on the wall that this change must be made, and, therefore, I believe that this Association should take the lead in conducting this reform. I do not know what the Legislature may do, but meantime let this

committee go before the Judiciary Committee of the Legislature and show that we are prepared with some matured plan, and are ready to be heard when an opportunity occurs. If we are to have this reform, I want its apostle, my friend, Mr. S. S. P. Patteson, whom I will characterize as its Luther, to have the credit of it.

James Lyons, of Richmond: Mr. President,—I have no speech to make, but I am an honest convert to the proposed reform, and I think it is due to myself to say as much; because, when this matter was first suggested at our meeting at the White Sulphur Springs three years ago, I opposed it vehemently.

I do not propose to say a word in the way of argument. I simply say, "Ditto, Mr. Barton." I have had occasion to know this, that the best lawyers and the best pleaders under this reformed procedure were the men trained in the common law schools, and we are going to find it so still.

Mr. Barton withdrew his resolution for the time, in order that the report of the committee might be passed on first.

The Chair then put the question-viz.: whether the resolution accompanying the report of the Special Committee on Law Reform should be adopted-and declared the resolution adopted. A division was called for, and the Chair appointed Messrs. S. S. P. Patteson and William B. Pettit tellers, who reportedayes, 54; noes, 33; and the resolution was declared adopted.

Mr. Barton: Mr. President,-I offer the resolution now which I offered before as an amendment.

The resolution was adopted.

Mr. Barton: Would not it be well to include in that resolution that the report of that committee should be printed and distributed before the next meeting of this Association? It ought to be adopted at the next session in order to go before the next meeting of the Assembly. I move that the committee be directed to print and distribute its report two months before the next meeting of this Association.

Carried.

William B. Taliaferro: I move that the present President of the Association and the incoming President be added to that committee.

Adopted.

F

F. H. McGuire: I now offer the amendment to the constitution which I gave notice of on yesterday evening. It is necessary that this amendment be adopted to conform to the present state of the law in Virginia, a new judicial circuit having been added by the last Legislature.

I will state in explanation that the Committees on Admission, on Grievances, and on the Judiciary, as the constitution now stands, consist of seventeen members, one from each judicial circuit. There being now eighteen circuits, it is necessary to make these committees conform to that. I move that that amendment be adopted.

Adopted unanimously.

(See the amendment, with report of Executive Committee, at end of Minutes.)

S. S. P. Patteson: I move that 1,000 copies of the address of the President on the subject of Law Reform be printed and distributed.

Mr. Patteson put the question, and the motion was carried unanimously.

Camm Patteson: I desire to say one thing. At the last annual meeting I was appointed a member of the Judiciary Committee, and one thing struck me, as it ought to strike every sensible man in the State of Virginia-the small salary paid to our judges. Ten years ago, circuit judges were paid as little as three thousand dollars, and now they receive less than policemen in the city of New York. It strikes me as being a radical wrong. I am going to bring it to a resolution now. I want the Judiciary Committee to report that the salaries taken away from the judges ought to be given back to them.

R. G. Southall, of Amelia: Mr. President,-I rise to a point of order. There is nothing before the house.

J. C. Parker, of Southampton: I have a paper to submit to the Judiciary Committee. Not agreeing fully with my views, the committee decided not to make any report, but requested me to introduce that paper and ask that it be referred to the Judiciary Committee. That paper this evening I intend to introduce, and

if the gentleman will postpone action until then, I think it can be brought up in that way.

Camm Patteson: I say this, though you have good judges now, the time is coming when you will not get them. This Bar Association will have to say whether or not judges should have the pay of policemen. The proposition I make is that we restore the salaries of the judges as they were before they were changed some years ago.

On motion, adjourned.

EVENING SESSION.

WEDNESDAY, July 13-8:30 P. M.

F. H. McGuire : Gentlemen,-I desire to make a very important announcement. There are registered here in attendance at this meeting 148 members only. There are a great many more present. It is very important that they do register. The importance consists in this, that we desire to notify the hotel people how many will be present at the very interesting meeting tomorrow evening at 10 o'clock, and if our members do not give us that information, we will be unable to provide for them. I hope that every member will register, and that he will notify other members who have not registered to do the same thing.

The Secretary Gentlemen,—I am requested by the Chairman of the Committee on the Admission of Members to state that he desires a meeting of that committee, in this room, to-morrow morning at 10:45, on business that is connected with the duties of that committee.

The President: Gentlemen of the Association,-It will be remembered that at the last annual meeting of the Association, it was expected that Mr. Riely, who was one of the revisors of the Code of 1887, would read a paper on that subject. He was detained at home and could not do so, and the request was made by the Association that he would read that paper on this occasion. I have, therefore, the pleasure of introducing Mr. Riely, who will read a paper on "Criminal Laws and their Administration," as connected with the duties of the revisors of the Code of 1887.