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PROCEEDINGS

OF THE

ELEVENTH ANNUAL SESSION

OF THE

BAR ASSOCIATION OF ARKANSAS

HELD AT

LITTLE ROCK, ARK.

MAY 21-22, 1908.

The eleventh annual meeting of the Bar Association of Arkansas was called to order by Judge Joseph M. Hill, Chairman of the Executive Committee, in the United States Circuit Court Room in Little Rock, at ten o'clock May 21st, 1908. The invocation was offered by Rev. James Thomas.

Mr. W. H. Arnold of Texarkana, the President of the Association, was introduced by Judge Hill, and immediately read his annual address, on “Interstate Commerce.” (See Appendix, p. 45.)

Mr. Kie Oldham, of Little Rock, was introduced and read a paper on “The General Assembly.” (See Appendix, p. 72.)

Mr. R. H. Mann, of Texarkana, read a paper on “Assumed Risks." (See Appendix, p. 77.)

Mr. Ashley Cockrill, chairman of the Local Entertainment Committee, announced that a dinner would be tendered the members of the Association at five o'clock, Friday afternoon, at the Country Club, and that Judge Jacob Trieber would entertain the Association with a reception at his home Thursday evening.

The Secretary read his report as follows:

REPORT OF SECRETARY

To the President and Members of the Association:

The usual duties of the office have been performed.

The minutes of the last meeting were prepared by your secretary and the reports published under his direction.

I desire to call your attention to the effort being made to collect sufficient funds to erect a suitable monument in memory of Honorable Augustus H. Garland, and to suggest that we should take an offering at this meeting for this purpose.

Since last report, I have collected 1907 dues amounting to $401.00, and $300.00 of this year's dues as shown by books, all of which has been turned over to the treasurer. Respectfully submitted,

Roscoe R. LYNN,

Secretary

The Treasurer's report was filed and is as follows:

TREASURER'S REPORT To the President and Members of the Association:

Your treasurer submits his report of receipts and expenditures since the last meeting, with vouchers attached.

STATEMENT OF ACCOUNTS.

DEBITS
June, 1907. To balance as shown by last report..

. $ 413.40 To 1907 dues from the secretary...

401.00 To 1908 dues from the secretary.

300.00

Total....

$1,114.40

.$ 10.00

CREDITS.
May, 1907, (1) Postage....
June

(2) Telephone & Telegraph Co....
(3) Expense of Hon. Yancey Lewis..
(4) Democrat Ptg. & Litho Co.

4.80 40.00

19.75

stationery July (5) The Association's part of expense

of Memphis meeting. (6) Secretary

(7) Postage
April, 1908, (8) Democrat Ptg. & Lith. Co.

minutes
(9) Incidental expenses (express

charge, etc.)

315.13 100.00 26.00

235.05

1.85

2.90

(10) Exchange on drafts....
(11) Stenographic services

10.00

$ 765.48

Balance on hand....

..$ 348.92 The above expenditures were authorized by the Executive Committee. Respectfully submitted,

P. C. Dooley,

Treasurer.

Upon motion, the President appointed Messrs. Geo. B. Pugh, J. F. Loughborough and G. G. Pope an auditing committee, and the Secretary's and Treasurer's reports and books were referred to this committee.

The meeting adjourned until 2:00 P. M.

AFTERNOON SESSION_THURSDAY.

The President introduced Judge Jacob Trieber, who read a paper on "The Relationship of the State and National Courts.” (See Appendix, p. 86.)

Mr. W. C. Rodgers, of Nashville, read a paper on "The Unwritten Law.(See Appendix, p. 121.)

Mr. W. H. Askew, of Magnolia, read a paper on “The Citizen Lawyer." (See Appendix, p. 131.)

The President called for report of committees.
Mr. Pugh, of the Auditing Committee, reported as follows:

To the President and Members of the Bar Association:

Your committee appointed to audit the books of the Secretary and Treasurer of the Bar Association of Arkansas beg leave to report that they have examined the books and accounts of both Secretary and Treasurer of said Association and have found them well and correctly kept.

Geo. B. Pugh, Chairman,
G. G. POPE,
J. F. LOUGHBOROUGH.

The report was received and adopted.

Judge P. C. Dooley stated that the labor and responsibility devolving upon the Secretary was greater than was apparent at first glance and detailed his duties; and that the salary now paid that official was inadequate, and he thought that the Association was willing to pay the Secretary something like what his services were worth and moved that the compensation of the Secretary be $200.00 per year.

The motion was carried.

He then moved that the resolution apply to year ending with this meeting, which was also adopted.

The report of the Committee on Law and Law Reform was read as follows:

REPORT OF COMMITTEE ON LAW AND LAW REFORM. To the President and Members of the Bar Association of Arkansas:

Your committee calls attention to the growing tendency to govern by local and special legislation.

The Constitution of Arkansas, Art. 5, Secs. 24 and 25, provides that, "In all cases where a general law can be made applicable no special law shall be enacted,” and that "no local or special bill shall be passed unless notice of the intention to apply therefor shall have been pubished in the locality to be affected thereby for thirty (30) days, etc.”

Since the decision in the case of Davies v. Gaines, 48 Ark. 370, was rendered (1886) holding that the action of the legislature is conclusive of any question that may be raised in reference to these provisions of the constitution, they have been practicaly disregarded by the legislature.

Reference to a schedule (prepared by Mr. Will Akers) indicating the number of local and special enactments as compared with those of a general nature, which is submitted as a part of this report, will show that starting with the legislature of 1874-5, a total of one hundred bills were passed during that session of which, eleven were local and special, and eighty-nine were general, only eleven per cent. of the whole number being local and special. This per cent varied at the subsequent sessions from 19.47 per cent. to 45.16 per cent. until the legislature of 1905, at which session a total of three hundred and sixty-four · bills were passed, of which two hundred and thirty-one are local or special, and one hundred and thirty-three general, the local and special being 63.49 per cent. of the whole number. The legislature of 1907 enacted four hundred and seventyfour bills, of which three hundred and eight are local and special and one hundred and sixty-six are general. The percentage of the local and special bills being 62.87 per cent.

In this connection we also call your attention to the relative sizes of the volumes containing the acts of 1875 and those of 1907.

We can suggest no remedy, other than that which appeals to the conscientious discharge of duty by the individual legislators; a reference of each local or special bill to a proper committee charged with the duty to inquire into the question arising under the constitutional provisions referred to might go far to correct the evil.

We also suggest that a law should be enacted regulating the publication of the notice indicated by the Constitution, and a proper construction of such an Act by the Supreme Court might go a long way to correct the apparent wrong growing out of the decision in Davies v. Gaines.

CHANGE OF VENUE. Many recommendations have been made heretofore upon the much vexed and much discussed question of the change of venue, but in an endeavor to avoid the points raised in previous discussions, we make the

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