with and an amplification of some of the new Supreme Court rules. It meets with my approval. I recommend that the Association take favorable action upon it and take steps looking to its passage. A copy of the bill is hereto attached.

Mr. A. Leo Oberdorfer of the Birmingham Bar, has called my attention to the necessity of reform of the practice and procedure in chancery courts. He expresses a fear that on account of the accomplishment of the great reform on the law side that interest may lag in reforming the chancery side. He suggests that the practice and procedure in the latter court is so fully regulated by law that legislation may be necessary to obtain what is needed.

The following are some of the reforms pointed out by him: The repeal of the Statute allowing appeals from decrees overruling demurrers to bills which now results in too much delay. He further suggests that twenty days from the service of process is sufficient time for the respondent to appear and answer.

He suggests the advisability of having the Legislature of this State adopt in substance Sections 913 and 917 of the Revised Statutes of the United States which would in effect leave to our Supreme Court the matter of promulgating rules of procedure and practice unhampered as it now is. A copy of these sections, for convenience, are hereto appended. I suggest that this matter be referred to the proper committee for its consideration.

It is claimed that there is not a fair and equal distribution of the work of nisi prius judges in the State. It is said that some are overworked and others have comparatively little work to do.

I recommend that a committee be appointed to make an investigation of this subject, and if they find that this labor is not equally or properly distributed, that they report the same to the Governor of the State, prepare a bill to be presented to the next Legislature, to remedy the evil, and aid in its passage.

A distinguished and disinterested member of the profession has called my attention to some of the urgent needs of the Association. It is suggested that there are at least a thousand praticing lawyers in Alabama. We have only about three hundred active members, and approximately only twenty per cent

of the membership attend our annual meetings. This demonstrates that the Association is not doing the work and accomplishing the objects intended by its founders. At the last meeting of the Association a resolution was adopted authorizing local Bar Associations to appoint delegates to our annual meeting, not exceeding one for every five members of the local Association. Such delegates were given the privileges of membership during the annual session. In order to get the full advantages intended by this resolution it was necessary to excite interest in local Associations. It was suggested that the counties of the State be divided into ten groups, and that some member of this Association be designated to take charge of county organizations in each group; that the traveling and other necessary expenses of this member be paid from the treasury of the Association; that the annual membership dues in the Association be reduced to $2.50. That in order to pay the expenses thus incurred that the salary of the secretary and treasurer of the Association be abolished leaving honorable service the only incentive for holding this office; that the funds of the Association should not be appropriated in providing banquets at the annual meetings: that the banquets be retained but the expense incurred be provided for by a per plate tax.

Most of these suggestions meet with my approval. I am not prepared to say however that no salary should be attached to the office of secretary and treasurer as there may be an expenditure of more labor and time than could be compensated for by the honor of holding the position. This is a matter which addresses itself to the sound and conservative consideration of this body.

In addition to the suggestions above mentioned, I recommend that it be made the duty of the President of the Association to co-operate with the several members having in charge the different groups looking to the organization of county Associations; that the secretary and treasurer of the Association, at the request of the President, be required to visit the different counties of the State, to stimulate interest, and aid in the local organiza

tions, and that the legitimate expenses incurred by him be paid by the Association.

That the membership dues be graded as follows: That lawyers who have not practiced more than three years be exempted from the payment of annual dues. Those who have practiced more than three and less than five years be required to pay an annual due of $2.50. All others be required to pay the present annual dues.

That the President of the Association be required at least one month before the annual meeting to confer with the Local Organizations and urge the appointment of delegates from such associations. By these means I believe the membership of the Association would be greatly increased, as well as the attendance at the annual meetings; that the Associations will have a wider and greater influence throughout the State.

The physicians of the State have along somewhat similar lines perfected an organization that does credit to that profession. Theirs has proven to be very much more efficient than

ours.

UNITED STATES SUPREME COURT DECISIONS.

Probably the most important decision of the Supreme Court of the United States handed down since our last meeting, or at least the one of most importance to the people of this State, was rendered in what was known as the Minnesota Rate Cases.

The opinion declares that in the absence of any action by Congress the States have the power to regulate freight charges on interstate transportation, although the exercise of the power may incidentally affect interstate transporatation. The only limitation imposed upon this right of the State is that the rate . must not be made so low as to prevent a fair return to the owners on the property.

In other words the rate must not be confiscatory. It further holds that ransportation companies can not charge for services more than they are reasonably worth. On the question of value

it says, that only a reasonable valuation can be fixed, having reference to a valuation of like property similarly situated. This value must not be arbitrarily fixed on the basis that it represents the cost of reconstruction.

The opinion rejects the revenue basis as a proper apportionment of value between intra- and interstate business. It further says that the mere conclusions of experts will not be accepted as to intra- and interstate business without a production of figures sustaining such conclusions. It refuses to accept the mere opinions of experts giving specific figures to the effect that it costs more to earn a dollar intra state than it did in any other busi

ness.

In the case of two of the largest transportation companies the court decided that the prima facie case made by the statutory enactment had not been successfully met and overcome, consequently their bills were dismissed.

In the case of a smaller road it was held that the total business showed too low a return of profits, consequently the prima facie case made by the Statute had been met by the company and as a result the injunction was made permanent.

Since our last meeting the Supreme Court of the United States has upheld the power of Congress under the Interstate Commerce Clause of the Constitution to enact what is known as the White Slave Law. The style of the case is Hoke and Economides vs. United States, 227 U. S. p. 308.

This decision is far reaching in its effect and if vigorously enforced will result in great benefit morally to the people of the United States.

Other decisions have since that time been rendered by the Supreme Court, sustaining convictions under that Act.

In the absence of a session of the Legislature since our last meeting, I have nothing to report in the way of new laws of this State.

AMENDMENT TO THE CONSTITUTION OF THE UNNITED STATES.

Since the last meeting two amendments to the Constitution of the United States have been adopted. They will be known as the Sixteenth and Seventeenth amendments, the former conferring upon Congress the right to impose a tax upon incomes without apportionment among the States and without regard to census enumeration, the latter providing for the election of United States Senators by direct vote of the electors of the several States.

The adoption of these amendments illustrates the progressive tendencies of the times. Only a few years ago this change in the organic law of the nation appeared to be an impossible task.

ACTS OF CONGRESS.

Since the last meeting of our Association, Congress has enacted a number of new laws, the following constituting some of them of general interest:

"An Act to Amend 'An Act to parole United States prisoners, and for other purposes,' approved June twenty-fifth, nineteen hundred and ten."

This act provides for paroling United States prisoners for good behavior who have served one third of the time imposed by their sentences, where they have been sentenced for a definite time, and for the parole of prisioners sentenced for life who have served for fifteen years. This act is a long step taken in the right direction.

"An Act to amend section seventy-three and section seventy six of the Act of August twenty-seventh, eighteen hundred and ninety-four, entitled "An Act to reduce taxation, to provide revenue for the Government, and for other purposes."

This act makes invalid all contracts or agreements in restraint of trade, between those engaged in importing articles from foreign countries, making participants guilty of misdemeanors,