disadvantage there. It seems to me that one of the great advantages of the new equity rules is the hearing of cases in open court, where the trial court sees the witness, hears the testimony delivered, rules upon objections to testimony and thereby disposes of four-fifths of what now goes in the record in the shape of depositions, though irrelevant matter, and reduces the amount of matter to a minimum. Thereafter, if neither side appeals, the evidence is not transcribed. It is a great saving in the matter of expense to clients. Some of the most important equity cases I have ever had could not be taken to the Court of Appeals because the record was so voluminous, including the irrelevant matter, as to be prohibitory.

Mr. Bullitt: I am not prepared to say that I think the new equity rules are not correct, but, at the same time, I am not prepared to say they are. If I understand the resolution, a committee of this Association is to confer with the Court of Appeals and make suggestions to the Court of Appeals before they finally adopt any procedure. That could all be done in the future, after we have had more time to test this new procedure as it stands now. And, further, even if we had it to do, the lawyers in favor of the new procedure could write the Court of Appeals and give their reasons for favoring it, and those opposing it could write and likewise give their reasons therefor. In that way the Court of Appeals could finally act upon it.

What I am objecting to is committing this Association on too short notice and without having an opportunity to fully consider the matter, and sending down to the Court of Appeals a proposition that this Association does now endorse the new procedure. I do not think there is any necessity of doing that, and feel, really, that it is premature to do it at the present time.

Mr. McIntyre: I think we are together on this matter, though at first I thought we were far apart. I am now satisfied that one stroke of the pen will satisfy my distinguished friend. This reads:

"Second: That the Virginia State Bar Association, having in view the advantages to be gained by conformity with the Federal Equity Practice, respectfully commends the same to the court's favorable consideration."

Suppose we strike out the word "favorable?"

(The suggestion was accepted by Mr. Bullitt and the committee, the amendment made, and the resolution adopted.)

Judge Geo. L. Christian: I have been requested to present the following resolution, which I do, and while heartily approving thereof, will say that I am not in a position to discuss same if it provokes discussion:

"Resolved, That this Association endorses the action of the Amercian Bar Association at the meeting held in Milwaukee in August, 1912, in favor of urging upon Congress the passage of an Act to authorize the Supreme Court of the United States to prescribe uniform rules to regulate the pleadings and procedure in common law actions in the District Courts of the United States and to repeal the various sections of the revised statutes inconsistent with such an Act in order to harmonize and simplify the common law practice in the various districts throughout the United States: and, further,

"Resolved, That the Committee on Reform of Judicial Procedure be instructed to co-operate with the Committee of the American Bar Association on "Uniform Judicial Procedure" in urging the adoption of such legislation.

"Resolved, That this Association endorses the action of the American Bar Association in arranging for the Conference of Judges to be held with its Committee on Uniformity of Judicial Procedure at Montreal on August 30th, 1913, believing that the same will greatly stimulate the campaign for reform and uniformity of judicial procedure.

Mr. Thos. W. Shelton: I would like to say that the American Bar Association would appreciate favorable action by the Virginia State Bar Association on this resolution and thereby holding up its hands in the work it is doing in this matter.

Mr. John T. Harris: I heartily concur in that.. I think if there is one thing more objectionable than another it is that there are 48 different rules in effect in the practice in the Federal Courts. I think every effort should be put forth toward securing uniform practice. It would certainly be a great relief to practicing attorneys, to the law professors and to the students of law.

(The resolution was unanimously adopted.)

Mr. Bullitt: I wish to move that the amendment to the constitution offered last year by Mr. Wyndham R. Meredith, be adopted. That amendment was to the effect that the President of this Association should be ex officio a member of the Executive Committee, as follows:

"Art. 5, Sec. 1. The Executive Committee to consist of the President and six members (to be chosen as hereinafter provided.)"

(The motion was carried.)

Thereupon at 11:00 P. M. the Association adjourned until tomorrow morning at 10:30 o'clock.

SECOND DAY-MORNING SESSION.

HOT SPRINGS, VA.,

Wednesday, July 30, 1913.

The Association was called to order by the President at eleven o'clock, A. M.

The President: The first order of business this morning is a supplemental report by the Committee on Admissions.

Colonel Stickley then read the third report of the Committee on Admissions, which, on motion, was adopted.

(See report at end of Minutes.)

The President: The next order of business will be the report of the Committee to Recommend Officers.

Mr. R. T. Barton, of Winchester: Mr. President and gentlemen, your committee has pleasure in submitting the following report:

It recommends for election:

For President: Samuel Griffin.

For Vice-Presidents: W. A. Anderson from the Valley, John S. Barbour from Piedmont, Robert B. Tunstall from Tidewater, Richard B. Davis from Southside, Preston W. Campbell from Southwest.

For Secretary and Treasurer: John B. Minor.

Vacancies in the Executive Committee: J. A. C. Keith, for unexpired term of John W. Fishburne; John S. Draper and D. D. Hull, Jr., for full terms of three years each.

Delegates to the American Bar Association: A. W. Patterson, John M. Johnson and George S. Harnsberger.

(Signed) R. T. BARTON,

Chairman.

The President: Next will be a report from the special committee appointed two years ago to consider and report upon the question of erecting a memorial to the late Judge Thornton L. Massie, of Pulaski.

REPORT OF SPECIAL COMMITTEE ON MEMORIAL TO JUDGE
MASSIE AND COMMONWEALTH'S ATTORNEY FOSTER.

Mr. Lucian H. Cocke, of Roanoke: Mr. President and gentlemen, the chairman of this committee, Mr. Geo. E. Caskie, is not present, and I believe I am the only member here, and hence will make a short verbal report for the committee.

The committee, in pursuance of the direction of the Association at the last meeting, instituted the necessary machinery to canvass the bar for subscriptions for the erection of this monument by securing the appointment of some member of the bar in each county and city, which selections were made upon suggestion of the judges of the respective circuits. The committee has communicated with each of the gentlemen appointed to secure subscriptions from the members of the bar. The responses have not been as liberal as the committee had hoped for. We have $561.00 in hand, and this sum has been deposited in bank on certificate bearing interest.

I feel that the committee should be continued. I also feel that the attention of the members of the bar should be called to the fact of the existence of this pious and patriotic