witnesses desired, and signed by the party calling for such witnesses, that the Court may thereby know at whose instance the witnesses have been subpoenaed. And after the trial of the case if it shall appear that the process of the Court has been abused in the issuance of subpœnas for witnesses not necessary in the trial of the case, the Court may cite for contempt any person so abusing the process given him under the law. III In counties where the term of the Circuit Court continues two weeks or longer, we recommend that the Court make settings of all criminal business for the second week of the term, except where parties are in jail and ready for trial, to the end that the Prosecuting Attorney may have the first week of the Court for the drafting of indictments and assisting the grand jury in the investigation of matters pending before it. IV. We recommend that whenever it shall come to the knowledge of any Prosecuting Attorney that any member of the Bar of his circuit has been guilty of any unprofessional conduct it shall be the duty of such Prosecuting Attorney forthwith to file information with the Court and cause citation to be issued to said member to appear and answer said information; and if, upon the hearing, it shall appear that said member is guilty of the charge, the court may fine and imprison or fine or imprison as for contempt, and, if the evidence warrants, may disbar or suspend the said member from the practice of law. The Court shall, upon the request of the Prosecuting Attorney, appoint one or more members of the Bar to assist in the prosecution of the charge, and likewise, upon the request of the accused, shall appoint one or more members of the Bar to make defense for him or to assist in his defense, and such members so appointed shall serve without fee or other compensation. If such power is not vested in our Courts under the present laws, we recommend such legislation as will give such power to the Court, and legislation defining more specifically unprofessional conduct. V We do not feel that it is the province of this committee to point out such specific acts that we would consider as unprofessional conduct, but we recommend that this Association express its disapproval of the practice said to prevail in some portions of the State of personal solicitation of business by lawyers, and of the procurement of business through agents acting for them. VI We recommend that admission to the practice of law be only by the Supreme Court, upon examination in said Court, or by a committee appointed by it. VII In matters of bills of exceptions, motions for new trial and all other matters where the rights of the litigants may be lost through unavoidable casualty, we recommend such legislation as would give the party sustaining such loss his remedy in the Court where such litigation was pending or was had, without requiring him to go in Chancery for the rights to which he may be entitled. VIII We recommend such change in the time of filing pleadings as will require that a defendant shall file his defenses within a specified time before the convening of the Court, to the end that the issues may be made up before the convening of the Court and witnesses subpoenaed, and the parties thereby obtain a more speedy trial. And we further recommend that when a pleading is filed, no change, alteration or interlineation of same shall be made, except by leave of the court and notice to adverse parties. IX We commend the action of the last two General Assemblies in increasing the salaries of the Judges of the Supreme, Circuit and Chancery Courts. Respectfully submitted, DANIEL HON. After considerable discussion the first section of the report was adopted. The second section was adopted by a vote of 26 to 13. The third section was adopted by a vote of 28 to 8. Sections four and five were adopted. Referring to Section 6, Mr. J. H. Stevenson stated that the Committee on Education and Admission to the Bar had a report to present, outlining a somewhat similar plan. Thereupon the committee withdrew Section 6 of its report. Section 7 was adopted. After considerable discussion Section 8 was referred to the new committee on Circuit Court practice, with instructions to report at next meeting. The Secretary read the following letter from Judge W. E. Hemingway, chairman of the Committee on Judiciary: May 31, 1909. To the President and Members of the Association: DEAR SIR-The Judiciary Committee have nothing to report to the Association. I wrote to each of the members that a meeting of the committee was desired, and asking when it would be convenient to hold one, and further asking each member if he could not attend the meeting to suggest any matter that he thought should be brought to the attention of the meeting in a report of this committee. Those who replied stated that they had no matter to suggest for the report, and that they would not be able to attend the meeting. I have conferred with Mr. John Fletcher, the only resident member of the committee, and we could think of nothing that would be of interest to the Association. Yours very truly, W. E. HEMINGWAY, Chairman Judiciary Committee. The Committee on Uniform State Laws reported as follows: REPORT OF THE COMMITTEE ON UNIFORM STATE LAWS. To the President and Members of the Association: Your Committee on Uniform State Laws calls attention to the fact that nothing was done at the recent session of the General Assembly toward enacting into a statute of this State the codification of the law of negotiable instruments, which was prepared under the supervision of the American Bar Association. That was recommended by this Association and a committee was appointed to present the matter to the Legislature. It would seem to be needless to make additional recommendations until some action be taken on the important one already made. Therefore your committee has given the subject of uniform state laws no further consideration, and have nothing to report on that subject. E. A. McCULLOCH. J. W. BLACKWOOD. J. D. HEAD. H. M. WOOD. M. S. COBB. The Committee on Insurance had no report. The Committee on Commercial Law reported as follows: REPORT OF COMMITTEE ON COMMERCIAL LAW To the President and Members of the Association: Your Committee on Commercial Law respectfully calls attention to the work which has been done, and is now in progress, by the Commissioners on Uniform State Laws in connection with the American Bar Association, relating to commercial law. The Commissioners on Uniform State Laws have prepared the following laws, which have been approved by the American Bar Association, and recommended for adoption by all the States and Territories, towit: Uniform Negotiable Instruments Act. Uniform Sales Act. Uniform Warehouse Receipts Act. These statutes have been carefully prepared and discussed by the Commissioners before they were recommended; they have been adopted by perhaps a majority of the States, and are of great importance to the commercial world. The Commissioners have also under consideration the following Acts: Uniform Certificate of Stock Act, Uniform Bills of Lading Act, which will probably be completed and recommended at the next meeting of the Commissioners and of the American Bar Association, which will be held at Detroit, in August next. Efforts have been made to have some of these Acts introduced and passed by the Legislature of Arkansas, but without avail. The importance of such laws does not seem to be understood. No one who understands their importance and the thoroughness of preparation which they have undergone can fail to appreciate the great benefits that may be derived from them by the commercial interests of every State. Every State is entitled to be represented by at least three Commissioners in the work of preparing such laws. Many of the States have passed laws authorizing the appointment of such Commissioners, and some of the States provide for the payment of their expenses. Commissioners appointed by the Governor of any State are recognized and allowed to take part in the discussion and proceedings of the Commissioners. Your committee recommends that the Governor of Arkansas be requested to appoint three Commissioners from this State; that a com mittee be appointed by this Association, consisting of five members, whose duty shall be 1. To urge the adoption of a statute by the Arkansas Legislature authorizing the appointment of Commissioners from the State of Ark ansas. 2. To bring the various Acts recommended by the Commissioners on Uniform State Laws and the American Bar Association to the attention of the Legislature of Arkansas, and to urge their adoption. THOS. C. MCRAE. J. P. HENDERSON. GEORGE WEBBER. The report was adopted. Upon motion the Association decided to request the Governor to appoint Messrs. Ashley Cockrill, J. M. Moore and John Fletcher as the Commissioners to represent Arkansas. The report of the Committee on Education and Admission to the Bar was read by Mr. J. H. Stevenson, as follows: REPORT OF COMMITTEE ON EDUCATION AND ADMISSION TO THE BAR. To the President and Members of the Association: Your Committee on Education and Admission to the Bar would have very little to do if we felt that we should content ourselves with a few merely abstract recommendations. It is easy indeed to recommend legislation which would seem salutary and schemes which we could all wish to see in operation. This has been the history of the reports of preceding committtees on this subject, and the sum total of results has been that the Legislature has met from time to time without giving us any of the suggested relief. In the very nature of things, no one attends to the procurement of legislation on these general questions, and the recommendations of the Association to the Legislature stand merely as memorials of our views. Your present committee has, therefore, decided to attempt a recommendation of something which we can, by united effort, accomplish without the aid of the Legislature. [Note The Governor made the appointments as requested.—Secretary.] |
