MINUTES MEETING OF WESTERN DIVISION IDAHO STATE BAR June 28th, 1926 BOISE, IDAHO The Western Division of the Idaho State Bar met at the Federal Court Room, Boise, Idaho, June 28, 1926, at 10:00 A. M., Frank Martin, Commissioner, presiding.-Present, 45. W. G. Bissell, Gooding, addressed the meeting on Uniform Rules in District Courts, stating that in but four districts did it appear that any rules had been promulgated, and that apparently, except in Bannock and Ada Counties, where the courts sat continuously, and there were two District Judges, the despatch of business did not require rules. That in view of the different conditions existing in the districts of the state, it was doubtful if uniform rules would be found desirable. Frank L. Stephan, Twin Falls, addressed the meeting upon "Should the State Be Permitted to Comment Upon the Failure of a Defendant in a Criminal Case to Testify"? Mr. Stephan's very able paper is attached to this report, and it is suggested that it be included in the publication of the Proceedings of the Idaho State Bar. The topic resulted in considerable discussion and comment. At noon the meeting place was transferred to the Orange Room of the Owyhee Hotel, where after lunch, attended by 60 attorneys, the program was continued by an address by D. L. Rhodes, Nampa, on "Appellate Divisions of District Courts," arising out of a suggestion that by creating such Divisions the Supreme Court docket might be relieved. Mr. Rhodes concluded after citation of the Constitution of Idaho and other states having similar provisions, and authorities, that such divisions could not be created by Act of the Legislature, and, if desirable, could only be secured by an amendment of the Constitution. Frank D. Ryan, Weiser, presented the subject, “Legal Aid to Destitute Persons", particularly with reference to the limitations on the duty of attorneys in giving free services to such persons. Jess Hawley, Boise, one of the delegates of the Idaho State Bar to the meeting of the American Bar Association, desiring to ascertain the present attitude of the Bar toward the Bar Organization Act, so that he might report thereon to the Conference of Bar Association Delegates, where consideration was to be given to such legislative acts, proposed the following resolution: "RESOLVED, That we record the Western Division of the Idaho State Bar as favoring and endorsing generally the law and principle thereof under which the Idaho State Bar exists". Which, upon motion duly made and seconded, was unanimously adopted. Discussion was had of the 1925 statutes prescribing issuance of orders for publication of summons by the Clerk of the Court against known defendants, and the unrepealed statute requiring issuance of such orders by the Court against unknown owners and heirs; also as to whether a deputy clerk could issue such orders. The request was made that the Legislative Committee of the Idaho State Bar give consideration to a remedy for the situation. OF THE IDAHO STATE BAR Volume III, 1927 THIRD ANNUAL MEETING THE MOSQUE BOISE, IDAHO, AUGUST 12, 1927 10 A. M. PRESIDENT MARTIN: Will those present please occupy the front seats. The hall is rather large, and I think you will find the front seats just as comfortable, and it will be much easier for those who are to address you. I will now introduce Dr. Cunningham, of the United Presbyterian Church of this city, who will deliver the invocation. (Invocation by Rev. J. George Cunningham, United Presbyterian Church, Boise.) PRESIDENT MARTIN: Mr. Brasie would like to get from you the names of those of you who have your wives here with you, so that an entertainment may be arranged for them. Will any of you who have your wives here with you kindly indicate it. (Certain names furnished to Mr. Brasie.) PRESIDENT MARTIN: I am asked to announce that at eightthirty tomorrow morning the alumni of the University will meet at a breakfast at the Owyhee Hotel. I will now introduce to you Attorney General Stephan. General Stephan. MR. STEPHAN: Mr. President, members of the Idaho Bar, and friends: I don't know of any place that I would rather have on this program than the place that has been assigned to me, and in which I am entitled to extend to this organization and the members of the Idaho Bar a hearty welcome. To the lawyers of the country has always fallen the responsibility of discharging the greatest civic duties, and it seems to me that our profession has always quite honorably discharged that responsibility. To the lawyers has fallen the responsibility of upholding and defending the fundamental laws of our land, of drafting the bulk of our statutory law, of interpreting it, and, in a great majority of the cases, enforcing it. It seems to me that the future is about to demand greater activities on the part of the lawyer. His responsibilities are going to be greater in the future than they have been in the past, and it is because of this outlook, and with the hope of preparing the bar generally for those greater responsibilities, that that very wholesome organization, the American Bar Association, has been organized and developed. The same thing that has prompted the growth of that organization has also prompted the organization and growth of the various state bar associations, and we believe that this Bar organization of Idaho is functioning more effectively today than it ever has in the past, that it is raising the standards and the plane of the Idaho lawyer higher than ever before. The organization has a great deal of pride in the program that it has provided for this meeting. The committees have planned carefully to prepare a program which they believe will be effective and which will help to improve the bar, and it is with great pleasure that I extend to you, on behalf of this organization, the welcome of the organization to attend these meetings, take part in the program, and help in every way possible. I thank you. (Applause.) ADDRESS OF THE PRESIDENT, FRANK MARTIN Gentlemen of the Bar: It is my duty as president of the organized bar of Idaho to render a brief statement of the work of the State Bar Commission, and also my privilege to make such suggestions of activity for your consideration, as my experience and observation in office have led me to believe may be of benefit to the profession and to the state. A survey of the situation shows that the opportunities for unselfish service are many, only a few, however, at any one time, may be undertaken. We must select these few in which we are to engage with care and wisdom, remembering further that the time which we may snatch from a busy professional life is limited and that our first duty is to the client who has entrusted to our care his interests. Idaho was in the first group of four states to organize its bar by legislative enactment. The plan for an organized bar in the various states by legislation was approved and recommended to the states by the American Bar Association. The Idaho Act follows very closely the lines so suggested. The benefit of the plan to the lawyer and to the public is readily apparent. The purpose is to give to the bar of the state a working organization by which it can bring a united effort of its members to the performance of the duties especially entrusted to its care by the act and also in the consideration of subjects of interest and benefit to the profession and to the public alike. Under the terms of the law, a State Bar Commission elected by the members, is created which, under rules approved by the Supreme Court shall have power: |