The Committee is pleased to report that the general affairs of the Association are in the best of condition. The President: Respectfully submitted, WM. T. SEIBELS, Chairman. LEON WEIL, ROBERT G. ARRINGTON, ALEXANDER TROY, EX. off. What will you do with the report? The Secretary: A majority vote is sufficient to adopt By-Laws, but a threefourths vote is required to amend the Constitution. Judge Garrison: Shall we take them up one by one? The Secretary: I think that course advisable. Judge Garrison: Then I suggest we take up the first one with the word. "white." Mr. Reese: I move the adoption of the "white" amendment. Mr. Godbold: There is one which limits any member to speaking more than twice on one subject; I think that ought not to apply to Mr. Reese of Selma. I think perhaps it would interfere with his privileges. The President: It is moved that the suggestions contained in this report be adopted. Mr. Nathan: I ask for the reading of the amendments. The President: The Secretary will read the amendments. The Secretary: I will state that Article II of the Constitution now reads as follows: "Any person shall be eligible to membership in this Association who shall be a member of the Bar of the State in good standing, and who shall also be nominated as hereinafter provided." Mr. Nathan: I sought to have read the proposed amendment. The Secretary: I did not think you could understand it very well without reading the Article as it is now. Amend, so as to read as follows: "Any white member of the legal profession who is a member of the Bar of the State in good standing may become a member by vote of the Association, on open nomination. But no person shall be entitled to participate in the proceedings of the Association until after his acceptance of such election and the payment of dues for the current year." Mr. Nathan: I move the adoption of that amendment. The President: The motion is before the house to adopt them as a whole. Mr. Nathan: Then I ask that the Secretary read them all. I understand the first one perfectly. The Secretary: "Article III. The officers of the Association shall consist of one President, five Vice Presidents, a Secretary, a Treasurer, a Central Council, and Executive Committee, which Committee shall be composed of five members, one of whom shall be the Secretary and Treasurer of the Association. Each of the officers, Council and Committees shall be elected at each annual meeting by the Association for the year next ensuing, but the same person shall not be elected President two years in succession. All such elections shall be by ballot. The officers elected shall hold office until their successors are elected and qualified according to the Constitution and By-Laws." Amend by striking out the concluding paragraph and insert in lieu thereof the following: "They shall hold office from the adjournment of the meeting at which they are elected." "By-Law IV. The Executive Committee shall meet at least once a month, except in July, August and September. They shall have power to make such regulations, not inconsistent with the Constitution and By-Laws, as shall be necessary for the protection of the property of the Association, and for the preservation of good order in the conduct of its affairs. They shall keep a record of their proceedings, which shall be read at the ensuing meeting of the Association; and it shall be their duty to present business for the Association. They shall have no power to make the Association liable for any debts amounting to more than half the amount in the Treasurer's hands in cash, and not subject to prior liabilities. They shall perform such other duties as are required of them by the Constitution, or as may be assigned to them by the President." It very frequently happens that lawyers are a little dilatory about sending in their dues, and to drop a member and keep him out twelve months is absolutely unnecessary in the opinion of the Executive Committee. Therefore they thought when a member was dropped-he had already the stamp of approval of the Association by being elected a member-if dropped for non-payment of dues, then the Committee ought to have the power to reinstate him, or the power to do so ought to exist somewhere. I will now read the amendment suggested: "They shall have power to reinstate a member who has been dropped from the roll for the non-payment of dues, upon the payment of such back dues as the Committee shall think equitable.” Add By-Law XIX. "No member shall be permitted to speak more than twice on any subject, and in debate no speech shall exceed ten minutes in length unless a majority of those present consent thereto." Add By-Law XX. "The Association shall not take any partisan political action, or indorse or recommend any person for any official position." Add By-Law XXI. "The traveling and other necessary expenses incurred by the Special Committee on Violation of Code of Ethics and Law by Attorneys during the interval between the annual meetings of the Association shall be paid by the Treasurer, on the approval and by the order of the Executive Committee." The President: The motion is to adopt the amendments as outlined in this report. The motion was carried and the amendments to the Constitution and By-Laws recommended by the Executive Committee unanimously adopted. The President: The next thing in order is a paper by J. T. Stokely, Esq., on "Compensation for personal injuries to employees." Mr. Stokely: I Our distinguished President in his address this morning, has handled my subject so much better than I can ever hope to do, that I am tempted to ask leave to print. I desire to state that the program of the meeting of this Association was issued about fifteen days ago, and it stated my subject, and I am not violating any confidence when I tell you, that his address was finished only yesterday afternoon. If therefore, I understand our statute, he is clearly guilty of embezzlement of my paper. have thought of asking that he be bound over to await the action of the next Grand Jury. On reflection, however, and considering my paper in connection with his, it has occurred to me that although our distinguished President is a native of Mississippi, his offense at most is nothing more than petit larceny. I would not like to see him imprisoned for so short a time as provided for the punishment of that offense. Another consideration which has influenced me is this, it is evident that both of our papers on this subject are taken from the same book, and if I attempt to prosecute my good friend, Captain White, there would be very grave danger of incriminating myself. I have concluded therefore, to read my paper as I have prepared it, on the theory that this is a subject on which too much cannot be said at this time. Mr. Stokely then read his paper.* The President: We are certainly delighted to have had that magnificent paper read to us, and probably it will occur to you now, what had not occurred to you before, my distinguished friend, being quite a young man, of course I gave him to understand some time ago, that all papers to be read to the Association had to be first read to the President, and naturally he took my cue; but I want to say to you now, that I know where my book has gone. I wish he would return it as soon as he gets home. He cannot now say that the corporation lawyer is not a patriot, that doctrine denies any such idea. Judge Garrison: I desire to call attention to one passage in that magnificent paper, which overlooked what is now the law relative to contributory negligence. I believe it is the case of Mondou vs. New York, New Haven and Hartford Railroad, decided in January of last year. If I am not mistaken the decision is found in the 56 U. S. Supreme Court Reports, Lawyers Edition, wherein it is decided that a plaintiff may maintain a suit in the State Court under the terms of the Federal Statute governing employer's liability. In other words, our State decisions relative to the contributory negligence plea no longer obtain, if suit is brought under the terms of said Federal Employer's Liability Act of April 22, 1908, as amended in 1910. They decide that the State Courts have concurrent jurisdiction with the Federal Courts, (but the action is limited to interstate employees), and the employees may sue under that statute instead of under the State Statute, in which case the plea of contributory negligence goes to the jury. My attention was called to this by a friend of mine who prac *The Secretary was unable to obtain a copy of Mr. Stokely's paper for publication in the proceedings. |