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Mr. Hill Montague: Mr. President, as I am retiring from the Executive Committee, I think I can with propriety offer a resolution that refers to the meetings of that committee. I believe I can do it now without any comment being made. I think that

the members of the Executive Committee, in attending the meetings of that Committee which have to be held between the sessions of the Association, ought to be paid their travelling and hotel expenses. As you know, we have two members in Richmond, but we do not have the full attendance at the executive meetings which we should have; I do not mean to suggest at all that that is because we have no provision for the payment of expenses of members, but I do think that when several men attend to arrange a program and other things, that small expense should be borne by the Association. I move that hereafter, when the Executive Committee has its official meetings, the actual travelling and hotel expenses of the members be paid out of the treasury of the Association.

Adopted.

The Secretary: Mr. President, at the last meeting of the Association, on motion of Mr. Eugene C. Massie, a resolution was adopted directing me, as Secretary and Treasurer of the Association, to subscribe to membership in the Branch of the Comparative Law Bureau, I believe that is the name given to it, of the American Bar Association, which undertook to publish the codes of the several countries of the world; and we were given to understand that the subscription carried with it the sending to all the members of the Association of all the publications of that organization. I subscribed accordingly on behalf of the Association and sent them a list of our members. I desire to have some instruction from the Association as to whether I shall renew that subscription for the coming year. Last year it cost $45.00; I suppose it will be the same this year. I do not know that any of the members of the Association have received those publications. I have not received any personally, though one came to me as Secretary of the Association.

Several Members: I have not received any.

Mr. Hill Montague: Mr. President, I move that the subscription be not renewed.

Adopted.

The Association then took a recess until the next day.

SECOND DAY.

HOT SPRINGS, VA., Wednesday, August 9th, 1911.

The Association was called to order by the President at 11:00 o'clock A. M.

The President: Gentlemen, the first thing on the program this morning is a paper by Judge A. W. Wallace, of Fredericksburg, entitled "The Life and Character of Lord Brougham." Judge Wallace needs no introduction to any legal assemblage in this State. He has been one of the most faithful and efficient members of this Association for a long time, and it is hardly necessary for me to say that I take great pleasure in presenting him to this assembly.

Judge Wallace then read his paper. (See Appendix.)

The President: I know I voice the sentiments of the Association when I thank Judge Wallace for the very interesting and delightful intellectual treat he has just afforded us.

The next business in order is the report of the Committee to Recommend Officers for the ensuing year.

Judge S. C. Graham, of Tazewell: Mr. President, your committee appointed for the purpose begs leave to recommend and nominate the following gentlemen:

For President: J. F. Bullitt, of Big Stone Gap.

For Vice-Presidents: A. R. Long, Piedmont; J. S. Harnsberger, Valley; E. Chambers Goode, Southside; A. S. Higgintotham, Southwest; Hugh W. Davis, Tidewater.

For Secretary and Treasurer: John B. Minor, of Richmond. For Executive Committee: George Bryan, Richmond; J. J. Leake, Richmond.

The members of the committee wish to say that they recommend these gentlemen for the offices named, not only on account of their high standing as members of this Association and in their profession, but with the understanding and belief that they will exert themselves to increase the membership of this Association and the attendance at our annual meetings.

No one will deny that these meetings are beneficial to our members professionally, but as a social gathering any member should be eager to take advantage of his position to solicit attendance and urge those who are acceptable to join the Association.

For Delegates to the American Bar Association: Judge L. L. Lewis, Richmond; Samuel Griffin, Bedford City; Thomas W. Shelton, Norfolk; R. C. Minor, University; James H. Corbitt, Suffolk.

On motion the report of the Committee was adopted and the Secretary was instructed to cast the unanimous ballot of the Association for the officers named therein, which was accordingly done.

The President: The next business on the program is the report of the Committee on Expert Medical Testimony. Mr. Whitehead is chairman of that committee.

Mr. S. B. Whitehead, of Lovingston: Mr. President, we made our report last year. I do not see any member of the Committee except myself present this morning.

The President: What is the pleasure of the Association as to that report?

Mr. Frick: I suggest that it be read.

Mr. Machen: Mr. President, the report is nothing more than a statute which has been, I believe, recommended to the Mary

land Legislature by the Maryland Bar Association, and which was taken by this special committee and adapted as far as possible to the needs of Virginia, and is, as far as I know, nothing but a mere statute.

Mr. Whitehead: Mr. President, it would seem to me that if this Association is going to do anything about this, it ought to do it now.. The Legislature meets every two years only, and it is going to meet this winter. If the Association wants any change made in that report and the supplemental report I filed, it ought to make it now.

I want to say that I have been Commonwealth's Attorney for four or five years, and I have gotten tired of the abominable state in which our criminal law is. As it is now, we have only sixteen jurors on the panel; the defense has a peremptory challenge for four; the Commonwealth's Attorney may know that one man of the twelve is unfit to serve and yet he cannot do anything. I have drawn several bills to remedy that, so as to give a peremptory challenge to the Commonwealth; I have carried it to the Committee on Courts of Justice several times, and I couldn't get them to make the change. Why? Because the committee is composed of criminal lawyers and they don't want the change made. This report about expert testimony is a part of it. It does seem to me that the real way to get that up and have some change made in the law is to appoint three good young men revisors of our code, and let them revise the whole thing. I say that in the report I have made. I believe, for instance, that an indictment ought to be capable of amendment. I believe that lots of things need to be changed; it ought not to be done in one little bill, but there should be a comprehensive change in the whole matter. I believe that the governmental part of our code is a disgrace to any State, and yet we don't have any change. We appoint Judge Burks and other old men to revise the code, who are thinking about the Rule in Shelley's Case and are not thinking about live things. Our court has decided that a treasurer is responsible for every cent in his hands, no matter where it is. That is a disgrace. A man can't carry

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